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2003 06 03 CCF 0000 OF '1 City Council Agendas are Available on the City's Web Page @www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting Tuesday, June 3, 2003 - 2:00 P.M. Beginning Resolution No. 2003-032 Beginning Ordinance No.384 I. CALL TO ORDER Roll Call: Council Members: Henderson, Osborne, Perkins, Sniff and Mayor Adolph II. PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. CLOSED SESSION NOTE: Time permitting, the City Council may conduct Closed Session discussions during the dinner recess. In addition, when the City Council is considering acquisition of property, persons identified as "owner/negotiator" do not attend the Closed Session Meeting. 1. CONFERENCE WITH LABOR NEGOTIATORS - SKI HARRISON, MARK WEISS, AND JOHN RUIZ - REGARDING NEGOTIATIONS WITH THE LA QUINTA CITY EMPLOYEES ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6 - MEET AND CONFER PROCESS. City Council Agenda Pg. 1 1 1#1 3, 2003 I 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION, PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION - _.., , CITE(,,„MtANAGER. 3. EVALUATION OF CITY ATTORNEY PERFORMANCE - PURSUANT TO GOVERNMENT CODE SECTION 54957. 4. CONFERENCE WITH LEGAL COUNSEL REGARDING THREATENED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) - ONE MATTER 5. CONFERENCE WITH CITY'S LEGAL COUNSEL REGARDING PENDING LITIGATION, COACHELLA VALLEY WATER DISTRICT V. CITY OF LA QUINTA, RIVERSIDE SUPERIOR COURT CASE NO. INC 010827, PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) 111. PLEDGE OF ALLEGIANCE IV. PUBLIC COMMENT At this time members of the public may address the Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and Limit your comments to three minutes. When you area called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Council Business Session matters or Public Hearing on the agenda, a completed request to speak" form should be filed with the City Clerk prior to the Council beginning consideration of that item. V. CONFIRMATION OF AGENDA VI. PRESENTATIONS - NONE Vill. WRITTEN CORRESPONDENCE - NONE IX. APPROVAL OF THE MINUTES 1. APPROVAL OF MINUTES OF THE MEETING OF MAY 20, 2003 City Council Agenda Page 2 June 3, 2003 2 X. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER FOR JUNE 3, 2003. 2. APPROVAL OF APPROPRIATION TO CLOSE THE " COACHELLA VALLEY VIOLENT CRIME TASK FORCE FUND AND TRANSFER REMAINING FUNDS TO THE CITY OF COACHELLA. 3. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NO. 30096, PUERTA AZUL. 4. APPROVAL OF A REIMBURSEMENT AGREEMENT BETWEEN THE DESERT SANDS UNIFIED SCHOOL DISTRICT FOR IMPROVEMENTS TO EISENHOWER DRIVE NORTH OF CALLE TAMPICO. 5. APPROVAL TO EXTEND A PROFESSIONAL SERVICES AGREEMENT WITH NICKERSON AND ASSOCIATES, INC. TO PROVIDE PROJECT MANAGEMENT AND CONTRACT ADMINISTRATIVE SUPPORT SERVICES FOR FISCAL YEAR 2003/2004. 6. APPROVAL OF A ONE-YEAR MAINTENANCE SERVICE AGREEMENT EXTENSION FOR STREET SWEEPING SERVICES FOR FISCAL YEAR 2003/2004. 7. APPROVAL OF A ONE-YEAR CONTRACT FOR EXTENSION FOR PROJECT 99-01, LANDSCAPE LIGHTING MAINTENANCE FOR FISCAL YEAR 2003/2004. 8. APPROVAL OF AN AWARD OF CONTRACT FOR PROJECT NO. 2003-10, FISCAL YEAR 2002/2003 CITYWIDE RE -STRIPING PROGRAM. 9. APPROVAL TO SUBMIT TO THE CALIFORNIA STATE ASSEMBLY A LETTER IN SUPPORT OF AB 1495 (CHAVEZ) - AMENDMENT TO CALIFORNIA PENAL CODE SECTION 3003 (MEGAN'S LAW). 10. APPROVAL OF A RESOLUTION TO REAFFIRM THE CITY'S ADOPTION OF THE ANNUAL ASSESSMENT FOR CSA 152, AUTHORIZE RIVERSIDE COUNTY TO CONTINUE TO LEVY ASSESSMENTS, AND INDEMNIFY AND HOLD THE COUNTY HARMLESS FOR LEVYING ASSESSMENTS ON CITY PARCELS UNDER CSA 152. XI. BUSINESS SESSION 1. CONSIDERATION OF THE WHITEWATER RIVER MUNICIPAL STORM WATER PERMIT IMPLEMENTATION AGREEMENT WITH RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT. A. MINUTE ORDER ACTION City Council Agenda Pg. 3 JUNE 3, 2003 mom.. XIII. 2. CONSIDERATION OF COLORS FOR THE "WALK THROUGH RAINBOW" ART PIECE. A. MINUTE ORDER ACTION 3. CONSIDERATION OF A FUNDING REQUEST FOR FIREWORKS BY THE CITY OF PALM DESERT. A. MINUTE ORDER ACTION 4. CONSIDERATION OF WASTE MANAGEMENT OF THE DESERT'S REQUEST FOR A CPI -BASED RATE INCREASE PURSUANT TO SECTION 15.1 OF THE AMENDED AND RESTATED AGREEMENT FOR THE COLLECTION, TRANSPORTATION, AND DISPOSAL OF MUNICIPAL SOLID WASTE. A. MINUTE ORDER ACTION 5. CONSIDERATION OF SECOND READING OF ORDINANCE NO. 383, AMENDING CHAPTER 2.70 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATING TO THE INVESTMENT ADVISORY BOARD. A. ADOPT ORDINANCE NO. 383 ON SECOND READING STUDY SESSION - NONE REPORTS AND INFORMATION ITEMS 1. CITY COUNCIL AD HOC COMMITTEE REPORTS 2. CVAG COMMITTEE REPORTS 3. CHAMBER OF COMMERCE WORKSHOP/INFORMATION COMMITTEE (OSBORNE) 4. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) 5. C.V. MOUNTAINS CONSERVANCY (SNIFF) 6. DESERT RESORTS REGIONAL AIRPORT AUTHORITY (OSBORNE) 7. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 8. MUSEUM EXPANSION COMMITTEE (ADOLPH/SNIFF) 9. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 10. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (ROBERT TYLER) 11. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 12. RIVERSIDE COUNTY FREE LIBRARY SYSTEM ADVISORY COMMITTEE (HENDERSON) 13. SAN JACINTO/SANTA ROSA NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 14. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 15. INVESTMENT ADVISORY BOARD MINUTES DATED APRIL 9, 2003 City Council Agenda Page 4 June 3, 2003 a XIV DEPARTMENT REPORTS GTY-MANAGER .,1, . A. RESPONSE(S) TO PUBLIC COMMENT 2. CITY ATTORNEY - NONE 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY DIRECTOR - NONE 5. COMMUNITY DEVELOPMENT DIRECTOR - NONE 6. COMMUNITY SERVICES DIRECTOR - NONE 7. FINANCE DIRECTOR'S REPORT - NONE 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER - NONE 9. POLICE CHIEF - NONE 10. FIRE CHIEF - NONE XV. MAYOR AND COUNCIL MEMBERS' ITEMS 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 (30 minutes. Please watch the time. XVII. PRESENTATIONS XIII. 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 the City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments to the La Quinta City Council before a public hearing or may appear and be heard in support of, or in opposition to, the approval of project(s) at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. CONTINUED PUBLIC HEARING ON GENERAL PLAN AMENDMENT 2003- 090, ZONE CHANGE 2003-1 11, AND SPECIFIC PLAN 2001-055 AMENDMENT NO. 1, A REQUEST TO CHANGE THE GENERAL PLAN AND ZONING DESIGNATION FROM TOURIST COMMERCIAL TO OFFICE City Council Agenda Pg. 5 JUNE 3, 2003 "5 COMMERCIAL, MEDIUM DENSITY RESIDENTIAL TO OFFICE AND TOURIST COMMERCIAL, PARK TO MEDIUM DENSITY RESIDENTIAL; AND REVISION *. , OF -W-T4 fIE � -DEVELOPMENT, STANDARDSFOR THE � TOURIST COMMERCAAL . USES INCLUDING HOTEL AND RETAIL USES, CREATING DEVELOPMENT STANDARDS FOR OFFICE COMMERCIAL USES, AND REVISING THE DEVELOPMENT STANDARDS FOR RESIDENTIAL USES INCLUDING ATTACHED, CLUSTER, AND DETACHED UNITS; AND CONSIDERATION OF A DEVELOPMENT AGREEMENT: CALIFORNIA INTELLIGENT COMMUNITIES AND THE LA QUINTA REDEVELOPMENT AGENCY. A. RESOLUTION ACTION(S) B. TAKE UP TWO ORDINANCES BY TITLE AND NUMBER ONLY AND ,WAIVE FURTHER READING. C. INTRODUCE THE ORDINANCES ON FIRST READING. 2. A JOINT PUBLIC HEARING BETWEEN THE CITY COUNCIL AND REDEVELOPMENT AGENCY TO CONSIDER A PROPOSED DISPOSITION AN DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND CENTERPOINT DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY TO FACILITATE CENTERPOINT'S CONSTRUCTION OF: 1) MEDICAL OFFICE/CLINIC; 2) BOUTIQUE HOTEL; 3) TWO RESTAURANTS; 4) MID - PRICE SUITES HOTEL; 5) CONDOMINIUM/CASITAS DEVELOPMENT; 6) CLUSTER COURTYARD DEVELOPMENT; AND 7) SINGLE FAMILY HOME DEVELOPMENT CONTAINING NOT LESS THAN FORTY (40) HOMES RESTRICTED FOR SALE TO LIMITED -INCOME BUYERS, FOR THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF MILES AVENUE AND WASHINGTON STREET. APPLICANT CENTERPOINT DEVELOPMENT, LLC. A. RESOLUTION ACTION XIV. ADJOURNMENT Adjourn to a regularly scheduled meeting of the La Quinta City Council to be held on June 17, 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. Public Hearing matters will be heard at 7:00 p.m. City Council Agenda Page 6 June 3, 2003 DECLARATION OF POSTING -1, June-S., Greek;" City-Cf re>-of'the,City of La '-Qtrirrta;..do ftereby de+ctare thaVthe foregoing agenda for the La Quinta City Council meeting of Tuesday June 3, 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 111, on Friday, May 30, 2003. DATED: May 30, 2003 X.D► JU . GREEK, CMC, City Clerk City of La Quinta, California 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 Council during a 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. City Council Agenda Pg. 7 JUNE 3, 2003 U I"45k4 AGENDA CATEGORY: OF T9 COUNCIL/RDA MEETING DATE: JUNE 3, 2003 ITEM TITLE: Demand Register Dated June 3, 2003 RECOMMENDATION: Approve Demand Register Dated June 3, 2003 BACKGROUND: Prepaid Warrants: 54034 - 540531 1,755,704.87 Void ck #540031 (1,741,142.57) 54054 - 540721 165,557.29 Wire Transfers} 240,673.33 P/R 10951 - 110301 1179601.42 P/R Tax Transfers} 339598.57 Payable Warrants: 54073 - 54199) 190325432.58 $1,604,425.49 FISCAL IMPLICATIONS: Demand of Cash - City $1,375,029.58 Demand of Cash - RDA $22%395.91 4 alconer, Finaice Director BUSINESS SESSION CONSENT CALENDAR j STUDY SESSION PUBLIC HEARING �01 CITY OF LA QUINTA BANK TRANSACTIONS 5/14/03 - 5/28/03 5/23/03 WIRE TRANSFER - DEFERRED COMP $8,076.31 5/23/03 WIRE TRANSFER - CREDIT UNION $5,942.00 5/23/03 WIRE TRANSFER - PERS $11,545.02 5/23/03 WIRE TRANSFER - RDA ESCROW $86,280.00 5/23/03 WIRE TRANSFER - RDA ESCROW $40,000.00 5/28/03 WIRE TRANSFER - RDA ESCROW $88,830.00 TOTAL WIRE TRANSFERS OUT $240,673.33 w 2 CITY OF LA QUINTA- BANK TRANSACTIONS 5/14/03 - 5/28/03 5/23/03 WIRE TRANSFER - DEFERRED COMP $8,076.31 5/23/03 WIRE TRANSFER - CREDIT UNION $5,942.00 5/23/03 WIRE TRANSFER - PERS $11,545.02 5/23/03 WIRE TRANSFER - RDA ESCROW $86,280.00 5/23/03 WIRE TRANSFER - RDA ESCROW $40,000.00 5/28/03 WIRE TRANSFER - RDA ESCROW $88,830.00 TOTAL WIRE TRANSFERS OUT $240,673.33 10 3 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 10:28AM 05/28/03 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 54073 05/28/03 &02019 THE BOOK RACK 11.30 54074 05/28/03 &02020 LA QUINTA DUNES 350 INC 27.50 54075 05/28/03 &02021 SALAZAR DRYWALL 50.00 54076 05/28/03 &02022 LARRY SHIELDS 1.50 54077 05/28/03 &02023 STRUCTRUAL COMPONENTS, 11.00 54078 05/28/03 &02024 SWH HERMITAGE LLC 5.00 54079 05/28/03 &02025 ALL VALLEY INC 107.55 54080 05/28/03 &02026 PATRICIA BEAVER 15.00 54081 05/28/03 &02027 SHARON STAUFFER 50.00 54082 05/28/03 &02028 THE POOL STORE 7.00 54083 05/28/03 ABE001 JACQUES ABELS 326.90 54084 05/28/03 ABL001 ABLE RIBBON TECH 215.28 54085 05/28/03 ACE010 ACE HARDWARE 1010.34 54086 05/28/03 ACT050 ACT 1 75.00 54087 05/28/03 ADT100 ADT SECURITY SVC INC 206.00 54088 05/28/03 ALB006 ALBERTSONS STORE #6567 118.08 54089 05/28/03 AME175 AMERICAN FORENSIC NURSES 42.00 54090 05/28/03 AME200 AMERIPRIDE UNIFORM SVCS 109.94 54091 05/28/03 ANI050 ANIMAL CARE EQUIPMENT 108.41 54092 05/28/03 AUT030 AUTOMATED TELECOM 250.49 54093 05/28/03 AVA100 AVAYA INC 1249.65 54094 05/28/03 BER150 BERRYMAN & HENIGAR INC 450.00 54095 05/28/03 BI0100 BIO TOX 66.80 54096 05/28/03 BUT010 RICHARD BUTLER 334.10 54097 05/28/03 CAD010 CADET UNIFORM SUPPLY 273.91 54098 05/28/03 CAL237 CALIFORNIA OVERNIGHT 20.00 54099 05/28/03 CAL240 CALIFORNIA POOLS & SPAS 107.00 54100 05/28/03 CAP050 ROSMARY HEIM CAPUTO 210.00 54101 05/28/03 CAR070 CARDIFF LIMOUSINE INC 675.00 54102 05/28/03 CAR300 CARQUEST 88.62 54103 05/28/03 CDW050 CDW GOVERNMENT INC 218.87 54104 05/28/03 CHI050 CHILDRENS DISCOVERY 25.00 54105 05/28/03 CIT025 CITICORP VENDOR FINANCE 148.75 54106 05/28/03 CLA045 CITY OF CLAREMONT 20.00 54107 05/28/03 CLA075 CLASSIC PARTY RENTAL 332.35 54108 05/28/03 COM015 COMPUTER U LEARNING CENTR 337.50 54109 05/28/03 COM030 COMSERCO 528.02 54110 05/28/03 COM035 COMMERCIAL CLEANING 400.00 54111 05/28/03 CON010 CONRAD & ASSOCIATES 2800.00 54112 05/28/03 CON053 CONSOLIDATED PLASTICS CO 188.98 54113 05/28/03 COR005 CORA CONSTRUCTORS 24075.00 54114 05/28/03 COU400 COURTMASTER SPORTS INC 34641.54 54115 05/28/03 DES019 DESERT FIRE EXTINGUISHER 115.00 54116 05/28/03 DESO47 DESERT PHOTO LAB/STUDIO 140.74 54117 05/28/03 DES060 DESERT SUN PUBLISHING CO 3463.74 54118 05/28/03 DES065 DESERT TEMPS INC 612.75 54119 05/28/03 ENR100 ENRG FUEL USA INC 20.94 11 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 10:28AM 05/28/03 CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 54120 05/28/03 EXP200 EXPRESS DETAIL 1295.00 54121 05/28/03 FED010 FEDERAL EXPRESS CORP 215.52 54122 05/28/03 FER010 FERGUSON ENTERPRISES INC 822.95 54123 05/28/03 FIR017 FIRST CHOICE SERVICES 286.38 54124 05/28/03 FRA010 MARNI FRANCISCO 170.45 54125 05/-28/03 FUL100 THE FULLER FOUNDATION 1550.00 54126 05/28/03 GAR005 GARNER IMPLEMENT CO 76.44 54127 05/28/03 GCS010 GCS WESTERN POWER & EQUIP 159.56 54128 05/28/03 GE0010 GEORGE'S GOODYEAR 32.01 54129 05/28/03 GMA100 GMA 24500.00 54130 05/28/03 GMS100 GMSR 302.10 54131 05/28/03 GUY100 GUYS & GALS UNIFORMS 70.53 54132 05/28/03 HEN100 HENRY'S GLASS CO 524.16 54133 05/28/03 HIL150 HILTON FARNKOPF & 1320.00 54134 05/28/03 HOM030 HOME DEPOT 1395.31 54135 05/28/03 HOP050 BOB HOPE CHRYSLER CLASSIC 50000.00 54136 05/28/03 INF030 INFORMATION RESOURCES 140.00 54137 05/28/03 INT350 INTERNATIONAL PAVEMENT 88650.00 54138 05/28/03 JPRO10 JP REPROGRAPHICS 135.99 54139 05/28/03 JUD010 JUDICIAL DATA SYSTEMS COR 215.08 54140 05/28/03 KIN100 KINER/GOODSELL ADVERTISNG 12561.37 54141 05/28/03 KIR010 TOM KIRK 233.91 54142 05/28/03 KRI100 BRUCE KRIBBS CONSTRUCTION 9792.00 54143 05/28/03 LAQ030 LA QUINTA CAR WASH 9.95 54144 05/28/03 LES020 JANELLE LESLIE 6.30 54145 05/28/03 LEX100 LEXIS NEXIS MATTHEW BENDR 157.04 54146 05/28/03 LOG020 MARK LOGAN LANDSCAPE INC 600.00 54147 05/28/03 LUM100 LUMPY'S DISCOUNT GOLF 215.50 54148 05/28/03 MAI100 MAIL BOXES ETC 214.00 54149 05/28/03 MAR300 MARTEL ELECTRONICS INC 69.04 54150 05/28/03 M00095 MOORE MAINTENANCE & 4175.00 54151 05/28/03 NEX010 NEXTEL COMMUNICATIONS 289.27 54152 05/28/03 NI'C101 NICKERSON & ASSOC INC 6007.50 54153 05/28/03 OFF005 OFFICE DEPOT INC 750.61 54154 05/28/03 ORC100 OSCAR ORCI 221.98 54155 05/28/03 OWE020 OWEN & BRADLEY 125.50 54156 05/28/03 PAL010 PALM SPRINGS DESERT RESRT 50040.27 54157 05/28/03 PAP050 PAPERDIRECT INC 317.76 54158 05/28/03 POW100 POWERS AWARDS 52.15 54159 05/28/03 PRE015 THE PRESS -ENTERPRISE CO 211.59 54160 05/28/03 PRE040 PREVENT CHILD ABUSE 250.00 54161 05/28/03 PRI020 THE PRINTING PLACE 673.44 54162 05/28/03 PR0005 PROFESSIONAL SERVICE IND 1298.50 54163 05/28/03 PUB010 PUBLIC EMPLOYEES 400.00 54164 05/28/03 RAL050 RALPHS GROCERY CO 16.64 54165 05/28/03 RAS020 RASA - ERIC NELSON 1710.00 54166 05/28/03 RIV081 RIV COUNTY HEALTH SERVICE 73.00 54167 05/28/03 RIV100 RIVERSIDE COUNTY SHERIFFS 325737.08 54168 05/28/03 RIV110 RIVERSIDE COUNTY SHERIFFS 3091.20 12 5 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 10:28AM 05/28/03 CITY OF LA QUINTA BANK ID: DEF PAGE 3 CHECK NUMBER 54169 54170 54171 54172 54173 54174 54175 54176 54177 54178 54179 54180 54181 54182 54183 54184 54185 54186 54187 54188 54189 54190 54191 54192 54193 54194 54195 54196 54197 54198 54199 CHECK DATE 05/28/03 05/28/03 05/28/03 05/28/03 05/28/03 05/28/03 05/28/03 05/28/03 05/28/03 05/28/03 05/28/03 05/28/03 05/28/03 05/28/03 05/28/03 05/28/03 05/28/03 05/28/03 05/28/03 05/28/03 05/28/03 05/28/03 05/28/03 05/28/03 05/28/03 05/28/03 05/28/03 05/28/03 05/28/03 05/28/03 05/28/03 NO. ROS010 SAN005 SAWO10 SAX100 SHA050 SIM020 SMA010 SMI150 SOU003 SOU007 SOU008 SOU208 STA020 STA045 STA049 ST0040 SUN075 TOP010 TRA150 TRIO10 TRU010 VAL005 VAL020 VAL200 VID050 WAL010 WASO11 WIR100 XERO12 YOU100 ZUR050 VENDOR NAME ROSENOW SPEVACEK GROUP SAN BERNARDINO COUNTY SUN STAN B SAWA SAXON ENGINEERING SERVICE ARCHIE SHARP JAMES E SIMON CO SMART & FINAL MALCOLM SMITH MOTORSPORTS SOUND IMAGE SOUTHWEST NETWORKS, INC SOUTHWEST MOBILE STORAGE SOUTHERN CAL CITY CLERK'S STANDARD REGISTER STAN'S AUTO TECH STAPLES BUSINESS ADVANTGE CAM STONE'S AUTOMOTIVE SUNLINE TRANSIT AGENCY TOPS'N BARRICADES INC TRANSPORTATION SUPPLIES TRI LAKE CONSULTANTS INC TRULY NOLEN INC VALLEY ANIMAL CLINIC VALLEY PLUMBING VALLEY PARTNERSHIP VIDEO DEPOT WAL MART COMMUNITY WASTE MANAGEMENT OF THE WIRELESS WEST XEROX CORPORATION YOUNG ENGINEERING SERVICE ZUMAR INDUSTRIES INC CHECK TOTAL PAYMENT AMOUNT 15770.91 163.58 348.71 3850.00 193.06 282117.33 430.76 114.34` 423.74 7020.00 215.50 60.00 543.58 372.73 1627.33 75.00 303.75 3401.42 583.08 42328.00 163.00 40.00 303.20 142.00 15.92 116.95 77.22 404.89 665.91 2450.00 2656.04 1,032,432.58 13 6 z . 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NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT.ALIGNMENT.*** 54054 05/22/03 CAL167 CALPERS LONG-TERM CARE 2,6.31 54055 05/22/03 COA080 COACHELLA VALLEY WATER 15771.16 54056 05/22/03 COA082 COACHELLA VALLEY WATER 500.00 54057 05/22/03 DAN200 DANONE WATERS OF NORTH 346.38 54058 05/22/03 EMP050 EMPLOYMENT DEVELOPMENT 902.00 54059 05/22/03 FIR015 FIRST AMERICAN REAL 151.49 54060 05/22/03 HOR100 DODIE HORVITZ 209.05 54061 05/22/03 IMPO10 IMPERIAL IRRIGATION DIST 15843.77 54062 05/22/03 LAQ050 LA QUINTA CITY EMPLOYEES 543.29 54063 05/22/03 PAL010 PALM SPRINGS DESERT RESRT 130000.00 54064 05/22/03 RIV040 RIVERSIDE CNTY DEPT CHILD 426.50 54065 05/22/03 SPRO10 SPRINT 50.56 54066 05/22/03 STA044 DARREN STANLEY 62.50 54067 05/22/03 TAG100 TAG/AMS INC 50.00 54068 05/22/03 TIM075 TIME WARNER CABLE 89.95 54069 05/22/03 UNIO05 UNITED WAY OF THE DESERT 171.00 54070 05/22/03 VER200 VERIZON 323.13 54071 05/22/03 VER210 VERIZON INTERNET SOLUTION 53.20 54072 05/22/03 WEI050 MARK WEISS 37.00 CHECK TOTAL 165,557.29 4.j 22 z LO r'I N M C to lD r CD 01 - O ri N M C Ln lD r w m O H N M ri r-1 ri ri ri ri ri r-I r-1 r--I N N N N O H z M O CV r♦ \LO x (D (D cD o u rn Ol E E E �+" �" E x � E x .E `E O E4 � rn W W W W W .E W W W W W W W W W W W W W W W W W W m E-E H H H H H H H H H H H H H E-H H E+ E-L H H H H H E+ a r .--1 W O r-I L-i r Lr7 00 r Q' 01 O N O Ln r N O aD O Ln LO O Ol 00 M M O H N r ko r-I r N r r-I N O 01 M y O lD O 0) r O C W Z lD lD M C O r N 14 fM r O 1+ r M 01 O aD O N O lD lD N ri X: a N M e-4 N M N M v r -4-WN 1.0 r-I O M O Co(M OD C OD CD Ln }, O r w ri ri o m Ln ri rn ri < ri O N a r' OD O M ra O M O V] l0 r I O N a N r O c O W r Ln M 01 a I Ln ri a U � w H W W< C7 < W W W W 4 rC '10 o OOH 0 H H 3 3 HU z as U U U U U U U U U U U U U U U U z H a d-) a > > > > > > > > > > > > > > > > a < a 0 0 a W a FC O H to O cn to to cn cn cn cn w to w cn w w O H O z z z z O x O U Ix A U) A H H H H A ?I A U)z U o z a a a a a a a a a a a a a a a a z z x x ac x z a z 0 H cn W a> W W E-H W H W H W H W H W H W H W H W H W H W E-L W H W H W E+ W H W W F+ > W W a z z a z a z w a W > a A I- < < < < < < < 4 4 < 4 < Q � 4 Q a a> ►-I W a 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 G+ A ca A A E U W H A a Ln Ln 0 0 Ln 0 M M r-1 C r 0 O O ri ri ao l0 Ln lD O W M m m M M M M M M r-i C v' M M r r lD r M r > 1 > 0 0 0 0 0 0 0 0 ko M r-I r-I w �o rn . i v v' ko m w M o 1 Ln O N N N N N N N N O r-I O O O O Ln LIB O O m m OD N H A l I H z r O r O r O r O r O r O r O r O r O 10 O to O to O r O r O m M 01 (Y) W M M -w w M r-I O A LO Ln 0 Ln Ln 0 0 0 w W w w w w -4 ri N H .Yi a at w m a 0 o w H a O ao OD OD OD aD co N N N N N M O O N N O r N N N O O W O lD w w to %D l0 lM M M M M lD O O m M O Ir OD OD OD O O (� O lD to to to lD to lD to lD lD kD ko O O lD %D O OD OD OD M O O ^� O ri r-I r-I ri r-I ri r-I .-i .--I ri r-I L-i ri r-1 ri r-I Ln M M M M r Ol z M M M fM M M M M M M M M M (Y) () M M O O O O O O N W to to to to w w w w w w w to w w w W r r r r Ln to z O qvV' cM cr cr V qw W qw V' qwN qw N v W O M M M M qw rI ^� O Ln LO Ln U) Ln Ln Ln Ln Ln Ui Ln Ln O O U! 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I O N O OD r N LO >+ O FC x £ H 3 W W Q � H o O O z £ H a) U) ,4 H a a x a U) U) a a �+ < z FC RC W < W W < C9 FC z E-+ O H z 1-4H U U H z H W O O 1 0 cD a O U U O H O W H H E' H O H H W H p U] D U U H w P4 +) (z U > > > % H H 1% W (z O H O m 0 U U) V) w O W W O E O > rz Q •rt A H U) Q z z 0 A z U z (m z w H w w w z x 04 z x z H U) w w w x z z z w w w w U w (4 > x> 9 a x x x> z z> 0> 1 U) pu F, W as w 04 H H a 0 W Ly U W ao M H r� H q w O O OD r-1 N -W r1 LL O 1 W r 0 m r 0 M rI z z Z v M m m m T W W H Q ,..1 H O z '-1 r ' l r .:r W% qv C' O ,-I O -A I O Q r r 0 0 LO ao ao E4 H x 04 w ca x 1 O O w H x o m N o 0 0 0 o O �] O '-i M 0 0 0 O O O O l0 W O O O O O O U) r H U) LO ui 0) 0) U7 z N N M M ('n M O O O N l0 W W w w w \O t0 E-H z O 0 a M M M N N M O O 0 U) U) U) U7 O O N O O C r--I .--I 1-4 In Lo r U (L) H FCC O O O O O O O U) O U) O C' z z H O O a H H W H H w a a A O O M ul U) p x E-H H U) H W W FC 0 W W z z >+ (n H H U) 0 0 0 0 0 0 0 3 a s A }I OI E4 N N N N N N N a 0 > > > > > > o z z > 3 z2 0 > Ln O O O O O O O O O o O O O O O ,-+ .--I U') azaaa a s 0 H > > > > > > 3 U > 25 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 1:19PM 05/15/03 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 54034 05/15/03 ANA100 ANAHEIM ANGELS 210.00 54035 05/15/03 CAR070 CARDIFF LIMOUSINE INC 643.75 54036 05/15/03 CAS150 CASTELLI'S 2487.54 54037 05/15/03 COA080 COACHELLA VALLEY WATER 732.38 54038 05/15/03 DEP151 DEPARTMENT OF JUSTICE 985.00 54039 05/15/03 GAS010 GASCARD INC 3220.98 54040 05/15/03 GRE100 JUNE S GREEK 383.59 54041 05/15/03 IMP010 IMPERIAL IRRIGATION DIST 21.23 54042 05/15/03 LAQ040 LA QUINTA CHAMBER COMMERC 190.00 54043 05/15/03 LEA028 LEAGUE OF CALIF CITIES 100.00 54044 05/15/03 NEX010 NEXTEL COMMUNICATIONS 367.65 54045 05/15/03 OSBO50 LEE M OSBORNE CPA 181.84 54046 05/15/03 POW300 POWER PERSONNEL INC 2433.60 54047 05/15/03 RIE300 KRISTIN RIESGO 48.44 54048 05/15/03 RIV100 RIVERSIDE COUNTY SHERIFFS 1741142.57 54049 05/15/03 ROS030 DUNCAN ROSEME 490.00 54050 05/15/03 SOU010 SOUTHERN CALIF GAS CO 829.46 54051 05/15/03 STUO10 WILLIAM STUBBLEFIELD 514.50 54052 05/15/03 SUN075 SUNLINE TRANSIT AGENCY 44.00 54053 05/15/03 VER200 VERIZON 678.34 CHECK TOTAL 1,755,704.87 33 26 z rl N (Y) d Ln l0 r OD C11 O 1-4 N m �t ri e--1 r♦ ri r-1 O F z m O Ln .-1 Ln H U C7 0 U' (D Q) C7 0 U' 0 0 C7 U C7 C7 O W F E E E E E E E E E E E 0 4 W W W W W W W W W W W W W W 04 W F F F F E-H F F F F F F F a a O p Ln �O N O l0 N Q1 N '-+ O O Ln --� F p r l0 r O 1-4 OD Ln r-I r-1 O O l0 Wz O m r ,-1 o Ln N CD M r c o o r 2: '.:) 1-1 cI co r-I N OD LO Ln 4D .1 Ol O l0 }I O (V l0 Cw r m Ol N m r 1 ' M 4 N H H a p Ln OD o OD rn m o 0 o r Ln M o m Ln N O O o m r N Ln o m r-I o 0 1-4 V oD m w OD N co N rn a o N l0 C' r U 0) N M r-I H H N z c) H w H x U H w 8 cn U) a z a a a a s U) U) a H x < 0 < < o rC w W < A 1:4 rC o z z p E 4 H F O F F cA F cn to F F U U F Cw F m E-4 O O U O F O U O O O 4 0 U O 9> 0 x 0 0 0 x W H x F F a F F O F x x E-+ O F U) cn F W F o f a O F W \ x F a \ x c� a U >> U x H z (z U x U 0z a a \ a U U a En a N a cn H O a H cn O 00 z O cn M O 00 B O O w O HHO cn O w O to x F A a A H A A x A aL a A 0z A x a A w A U A w z U W z cn z a z a x z F z z w z F F z z z < z a H cn �4 W z w W W w W w U w a a W 2c W U U W H W a< w W W > F> F F> W w w> 0> w W> U)> > a> a H> a 4 a a a 0 a a s o Q H cn F F U 3 3 W F3+ k+ 134 W W W U 3 U124 W V OD m O H A z O Ln a N tr a r-I 1 I Ln m Z I co LO Ln O cM C NW qw Z r Qr M O O co t0 r-1 H A H H CD z N (M m M r O O O O O O C H O O O A N r-1 LP) 01 m N Ln Ln H `4 a as w as a 1 0 0 12 F (Y, O O O N N O l0 O N N O O O W O O O m• m O c %W O rM m O O O CQ O O O l0 W O l0 l0 O W w O O O m M r 1-1 .-1 m m 01 r r r r 0) Ln z O O M M M O Iq r-I (n N N M er M ko ko F z m m H C C '-1 '-i —1 r-I M D Ln Ln O Ln Ln O O O Lr) u') O O H O N N r-1 V cT r Ln Ln r I cT 1w r I ri r (�' O O O O O O O O O O O O 14 r-I ri r-L ri r-I N Ln Ln e--1 ri r-I ri '-i N U F F a cn cn w H H U)U w w w A A H z 0U H H z z 0 3 3 OH H o w cA HH oG U F Ln a s F' P° H H cn v~i a o a s a w w o< 1 O U U H U)F z z W H H W F FC '4 a W H H a H C7 a s F O U H E 44 a a s E A A < F:C z 'a' H 44 a W W F o4 a cn H H H W a }L 01 W H W x x n± Q FC z Z D a W 4 a x A F U U W W o1 0 F x a rC O < x v) < 6 a U) U)z a a FC w La A z �C 4 o W 4< a 2: M W A z cn z FC U U U U A C7 0 h H H a 34 E4 [4 z 0 w p O o o O o r1 0 0 0 0 0 o OD o O Co 1— Ln co OD Lf) r-4 1-1 O r-L -1 V' N 1-4 O >4 H O H O O -4 0 0 r-1 O O O O Q O x U E.I Q a4 cn < a co U)W a s a w W U Hz a 0 o w < a a E E a a z U U U U U A (D 27 z N %D r OD O1 O r-I N M 'V' In %.D r O m r-I ri ri N N N N N N N N N N O E•+ z m O 11 ri 0 0 C7 C7 U U C7 O W F E E E E x 2: E E X: m E E E U < W W W W W W W W W W W W W W W E< rQ F EA F F F F F F F F E-i E+ F F F a a, rn 0 v o 0 0 t.0 o o In -W rn r rn r i F, OD OD OD o In o c Ln O Ln vw rn LO r OD W 2 ri 4 4 4 00 N 07 OD N N OD C C' dl N ri V' M N OD M M O }i O r-I Ol On to r I v OD Ln r < Fy ra a a 'a Ln ,n v o r -W H r o W o o v r w co cr uO Co c uO o M H r ri M OD N O On 4 U 4 OD r a < lD OD M Q C' al N OD r-1 v) Nr A kD FO M vw N r-I V W c a F H > 004 F to U) z W E FZ < W 0 N a a f-1 " a a 1-4 a a a 0 a a Q w 4 < < < m Q w o 0< Q z E-H F U U U F O+ F X: F F F E-F E-F U x x F a+ O O W O > > > O w 0 W O 0 0 cn 0 F o U O W H F cn F cn cn cn H a F O F w E+ E-H a E- H F 4 O O F a0 OF � U U " a D; 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I ri r N v IW a O U-) Ln o Ln o Ln U-) In Ln o In o In In O O qw Q qw N O N fM N N M M In V' v U U r-I r-I r-I r-I r-I r-I e-i r-I 1-4 r-1 ri ri N r♦ ri O O O O O O O O O O O O O O O ri ri In r-i f-1 W 134 w H >4 u z w A w w w z a a o H N a 0 0 0 w ° w <an z E W H m w w w x o a z p'�q H o a a a z � W z 0 0 0 0 0 >4 p1 E a a a F z z I� x H H N N N N N w w w w w U F a a H H H H H a O w H > z a z x a a A w 0 0 0 0 a H � 0 H M w w W w w 14 wJj a a a a x 04 c� co 3 cn > > > > > H Gu z 0 W > 0 0 0 0 o O o 0 0 Ln o p o 0 0 p u-) 0 0 0 0 0 M -4 -4 r o o p p 0 Ov O (n M M (n r-I CD O O O N N N N a N a E a4 3 3 S W > v, O o z o4 x aG U) o 0 0 H H o o F D w w w w w Q U O a a a tz x rx cn cn cn > > > > > 28 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 " 53839 DEF 05/01/03 52.00' IND010 CITY OF INDIO TOTAL VOIDED 52.00 11:18AM 05/16/03 PAGE 1 INVOICE DESCRIPTION CSMFO LUNCHEON 36 29 June 3, 2003 COUNCIL/RDA MEETING DATE: Approval of an Appropriation to Close the Coachella Valley Violent Crime Task Force Fund and Transfer Remaining Funds to the City of Coachella RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve an appropriation of up to $80,000 to close the Coachella Valley Violent Crime Task Force fund, and transfer remaining funds to the City of Coachella. FISCAL IMPLICATIONS: The funds being transferred are the result of grants, member city contributions, and interest earnings, net of program expenditures. There are no City funds involved in this process. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council approved the establishment of a fund, for accounting purposes only, for the Coachella Valley Violent Crime Task Force on June 18, 2002. Captain Horton has been informed that the City of La Quinta was not a grant recipient for the 2003-2004 fiscal year, and therefore, cannot act as custodian of the funds. All remaining funds will be transferred to the City of Coachella, who will take over the responsibilities of accounting for the task force on July 1, 2003. Interest earnings on pooled cash will be posted to the fund subsequent to the close of the quarter ending June 30, 2003, and will be transferred to the City of Coachella in July. All expenditures received by the City of La Quinta prior to June 30, 2003 will be processed for payment, and remaining funds will be transferred to the City of Coachella by an appropriation in Account 214-71 1-665-000. Once all funds have been transferred out, the Coachella Valley Violent Crime Task Force Fund will be closed. 37 FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1. Approve an appropriation of up to $80,000 to close the Coachella Valley Violent Crime Task Force fund, and transfer remaining funds to the City of Coachella; or 2. Do no approve an appropriation of up to $80,000 to close the Coachella Valley Violent Crime Task Force fund, and transfer remaining funds to the City of Coachella; or 3. Provide staff with alternative direction. Respectfully submitted, V�� I - t� hn M. Falconer, Finance Director Approved for submission by: (� - , 0 0*/� Thomas P. Genovese, City Manager 38 OF 'ti9 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: .tune 3, 2003 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract No. 30096, Puerta Azul RECOMMENDATION: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement (SIA) for Tract No. 30096, Puerta Azul. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract No. 30096 is located on Madison Street between Airport Boulevard and Avenue 58 (Attachment 1). The developer has requested the City Council's conditional approval of the Final Map (Attachment 2), which will allow 30 days for completion of its processing. To date, the developer has executed the SIA (Attachments 3 and4) and the associated securities have been received. The developer has also prepared CC&Rs containing the required provisions relating to the TOT/TOT in -lieu payments. The Final Map is technically complete and is being routed for signatures. It is expected that all signatures will be in place within the time allowed for its conditional approval. 39 \\CLQADMFSI\SHARED\CityMgr\STAFF REPORTS ONMCUC.doc As a result, City staff has prepared the attached Resolution, which provides for conditional approval of the Final Map and Subdivision Improvement Agreement. The approval is contingent upon receipt, within 30 days (July 3, 2003), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except for the City Clerk), Subdivision Improvement Agreement and associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. The developer has demonstrated to City staff that sufficient progress has been made with the documents required for conditional Final Map approval. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract No. 30096, Puerta Azul; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract No. 30096, Puerta Azul; or 3. Provide staff with alternative direction. Respectfully submitted, 4ma othy R.4- as , P. E. Public Works irector/City Engineer Approved for submission by: homas P. Genovese, City Manager 40 \\CLQADMFSI\SHARED\CityMgr\STAFF REPORTS ONLY\CC8C.doc 2 Attachments: 1. Vicinity Map 2. Tract Map 3. On Site Subdivision Improvement Agreement 4. Off Site Subdivision Improvement Agreement 41 \\CLQADMFS1\SHARED\CityMgr\STAFF REPORTS ONLY\CC8C.doc 3 RESOLUTION NO. 2003-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT 30096, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely finished, thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable -to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 4 Resolution No. 2003- Tract No. 30096, Puerta Azul Adopted: June 3, 2003 Page 2 Section 1. The final map for Tract Map 30096 is conditionally approved provided the subdivider submits all required items on or before June 20, 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 to the tentative map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction: A. Place 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 August 16, 2002. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. W] 9 Resolution No. 2003- Tract No. 30096, Puerta Azul Adopted: June 3, 2003 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3,d day of June, 2003, by the following vote to wit: AYES:Council Members NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 44 0 ATTACHMENT 1 uj -�C LO 45 ATTACHMENT 2 Is s i Fg — �F Ill "s fib i a z b¢ �!j d giglid lid a gal b old 2 o as t �c (."V"Q Nvs \ IN � Aw-� � z O � � � mi, CQ N W O . O z Z 21; U z ox J �Q Z U z �a � � A mosiQvrr $ } g Us M „*saw N N1 N ,fI'►iC/ N 21 44i 33S ; � _ � � sibs i � R �' ----------fir— � S In � r y N W N V ° 0 N o \ z Id blip r a�cc� a A a � r lilt b Sig i GIC ") .lea" M-02"L00 H. Lo-T bi i co - tt / eta •••w �,i��tl dgg n G- E 0 6 B L o hf t 0 tr tf t AJq Y�E ^Rs b Icy NN M .[ffL00 N I10 K L. IMP i• iid z iz syysSS R 3'.� f tl C Awto 0 rr7.i .tL'M .OLM AQ'r0 Y In w 0 .s ` < 0.66'�3' Ly�gN 0 Ai O Q 6'p� O.p' 241p• L.y th in AIR r rcZ0 ani im a04 4 R7R N � r r r r •" .a J J-f N v Er r o '£rn 33$ $�$' 37ol vo 0 3�!'$ F x� V I I�+� �, .dE Ltq I aro src to N li 1 I wI rAtr 2.LOb/NN_ r +. ~L,3 jg �.t N 9Yr - rq an Arts lz ..W �V� a r ! ( c,s calls >L1MMi � •_i Ami riAOAnati �`� AM s a � � � wv� AADAoAlN � p4 p7.3t'l a ''`«.� r Loww i — -- =---„e gM m !� J F T .t In ,S� g b e ►.� N n •• G _ • pauo6anl °� btu y0 cm cc W& * 133HS 33S O z U G Obill o Z Ida U '2 U IL V! �r 0 o ,ul 0 4 0 W <� S ' M ' cl N C9 .� a LMHS 33S � e i-r W 6 12 133HS 33S 1, My K ,7—�� ga '.$ ca Za 151 13 ATTACHMENT 3 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT No. 30096 ON WE POROVENIMS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this 54k day of MA%Y , 20 OB , by and between Puerta Azul Partners, LLC, , a Oregon 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. 30096 (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 n r more of the following 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 14 T:\PWDEPT\DevdivIAgreements\30096 onsite sia.doc 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 fequire 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 estimatedcostof the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth. in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be rw administrative tee. 51 15 T:\PWDEPT\aevdivlAgreements\30096 onsite sia.doc Page 2 of 6 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%0) 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. d1d] M. T:\PWDEPT\DevdivIAgreements\30096 onsite sia.doc Page 3 of 6 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions ofApproval, 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 1.1, 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 R!ght to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and J 17 T:\PWOEPT\Devdiv]Agreements\30096 onsite sia.doc Page 4 of 6 Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorneys fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature 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. 56 18 T:\PWDEPT\DevdivIAgreements\30096 onsite sia.doc Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta Thomas P. Genovese, City Manager ATTEST: SUBDIVIDER: Title: t2V By: Title: 78-495 Calie Tampico La Quinta, CA 92253 760/777-7075 Date Puerta Azul Partners, LLC 17700 Upper Boones Farm Road #100 Portland Or 97224 (714)936-5853 s 3. Date .. Reviewed and Approved4blic d 3 ARJonhsson(E. Works Directo ity Engineer Date Approved as to Form: City Attorney Date Date 5fi 19 T:\PWDEPT\DevdivIAgreements\30096 onsite sia.doc Page 6 of 6 Exhibit A SECURITY — TRACT No 30096 ON=SITE IMPROVEMENTS Except as otherwise provided herein, Subdivider shall fumish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as Participatoryhave 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 $ 272,916.00 $ 272,916.00 Streets & Storm Drainage $ 586,685.00 Domestic Water $ 112,687.00 Sanitary Sewer $ 87,000.00 Dry Utilities $ 140,000.00 Monumentation $ 10,000.00' Cost of Improvements $ 1,209,288.00 Standard Contingency (10%) $ 120,928.80 Total Improvement Costs $ 1,330,216.80 Professional Fess (Construction) $. 133,021.68 (10% of all improvements) Professional Fess (Design) $ 18,626.20 (10% of revisions cost of $186,262.00 for incomplete plans) Total Bond Amount $ 1,481,864.68 $ 586,685.00 $ 112,687.00 $ 87,000.00 $ 140,000.00 $ 10,000.00 $ 1,209,288.00 $ 120,928.80 $ 1,330,216.80 $ 133,021.68 _$ 18,626.20 $ 1,481,864.68 58 20 STATE OF mac- , County of c-c\aN I certify that I know and have satisfactory evidence that Signed this instrument, on oath stated that he is authorized to execute the instrument And acknowledged it as the CEO of the Managing Member, Puerta Azul Partners, LLC, to be the free and voluntary act of such party for the uses and purposes mentioned. F OFFICIAL SEAL CAROLYN M. RACE Dated: •� Q�\ ,:, NOTARY PUBLIC-OREGON b ("WI IISSION NO. 344800 MY COMMISSION EXPIRES APRIL 10, 2005 0 Rio<++,c"�c (-��4 Notary Publk4 the state of Ocs gon , residing at\j&_,cc My appointment expires C1Q �4 acyZ)S 59 21 SUBDIVISION IMPROVEMENTS #553130S Tract Map No. 30096 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract No. 30096 prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Govemment Code Section 66462) WHEREAS the City Council of the City of La Quints, State of California, and Puerta Azul Partners, LLG hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to Install and complete certain designated public improvements, which said agreement, dated _, 200, and identified as Tract Map No. 30096 , Is hereby referred to and made a part hereof, and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and Developers Surety and Indemnity Company, as surety, are held and firmly bound unto the City of La Quints hereinafter called ("City"), in the penal sum of One Million Four hundred eighty-one * DOLLARS ($ 1,4819864.68 --- -lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. *Thousand eight hundred sixty-four and 68/100------------- '---------------- The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall In all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnity and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attomey's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. F201 - Per%rnanoe Bond Pays 1-of 2 0� O 22 The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named, on May 13 , 2003 Puerta Azul Partners, LLC Principal (Seal) Sign ture o Nncipal Title of Signatory Develo ers Surety an ndemnity Company Sur74/117 (Seal) Signatu Of urety Geri M. Burnett, Attorney -in -fact Title of Signatory Five Centerpointe, Suite 530 Address of Surety Lake Oswego, OR 97035 50 - 84-9606 Phone # of Surety Brent Olson Contact Person For Surety 61 F201- Performance Bond Page 2 of 2 23 #553130S SUBDIVISION IMPROVEMENTS Tract Map No. 30096 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS. - THAT. the City Council of the City of Le Quinta has approved the final map for Tract No. 30� , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and Puerta Azul Partners, LLC hereinafter designated as "the principal" have entered into an agreement whereby the principal agrees to install and complete certain designated public Improvements, which agreement, dated _, 200_, and identified as Tract Map No. 30096 , is hereby referred to and made a part hereof. and WHEREAS, under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of La Quinta to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, the principal and the undersigned as corporate surety, are held firmly bound unto the City of La Quints and all contractors, subcontractors, laborers, materialmen, and other persons employed In the performance of the agreement and referred to in Title 15 (commencing with Section 3082) of Part'4 of Division 3 of the Civil Code in the sum o10ne million f our hundred eighty-one thousand * DOLLARS ($-1, 481, 864.68---), for materials furnished or labor thereon of any 00, or 16F amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney' s fees, incurred by city in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. *eight hundred sixty-four and 68/100 ------------------------------ It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. F202 - Labor and Material Bond Pegs 1 of 2 s4. 24 In witness whereof, this instrument has been duly executed by the principal and surety above named, on May 13 , 2003. Puerta Azul Partners, LLC Principal (Seal) Sig ature of Principal Title ol Signatory Developers Surety and Indemnity Company Surety (Seal) Signs ur of urety Geri M. Burnett, Attorney -in -fact Title of Signatory Five Centerpointe, Suite 530 Address of Surety Lake Oswego, OR 97035 Phone # of Surety Brent Olson Contact Person For Surety F202 - Labor and Material Bond 63 Page 2 of 2 25 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, I R V 1 N E, CA 92623 - (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. do each, hereby make, constitute and appoint: ***Blaine D. Williamson, Geri M. Burnett, Brent Olson, Morag A. Corey, jointly or severally*** as their true and lawful Attorneys) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-i n- Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 8'h day of January, 2(X)2. ,ols'-i ANO "''''••, By: ,,.........tio''• OMPANY pF David H. Rhodes, Executive Vice President By: Walter A. Crowell, Secretary STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) `DµP OJq4�'sFej,'•� G p�POq <( a 10 1936 W 1967 ;��; o •• , ,•',''••... * ..Ill. 1 -1000 7� On January 8, 2002, before me, Antonio Alvarado, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the nersnns acted. executed the instrument. WITNESS my hand and official seal. Signature CERTIFICATE ANTONIO ALVARADO p COMM. # 1300303 3 is Notary Public - California ORANGE COUNTY My Comm. Expires APRIL 10, 2005 The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attor a are in force as of the date of this Certificate. i This Certificate is executed in the City of Irvine, California,Ca lifornia the �a y of By David G. Lane, Chief Operating Officer I D- 1380 (01102) 64 26 • T H'E GROUP DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three-year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. Under this program, the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of $1,000,000,000.00 for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act does not, however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond, or by operation of law. No additional premium has been charged for the terrorism coverage required by the Act. Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch Irvine, CA 92614 (949) 263 3300 www.inscodico.com �J 27 ATTACHMENT 4 CITY OF LA QUIWA SUBDIVISION IMPROVEMENT AGREEMENT TRACT No. 30096 .OFF -SITE -IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this SA&W day of 6M, 2003 , by and between Puerta Azul Partners, LLC, , a Oregon Corporation h reinafter 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. 30096 (the "Tract") pursuant to the provisionsof 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: with City responsible escrow agent or trust company, at City's option. s 6 1) A cash deposit ty or a T:\PWDEPT\DevdivlAgreements\30096 offsite sia.doc 28 Page 1 of 8 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 certifi ates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.13., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens o n real property as described in Paragraph 5) of SECTION 3.13., for which City will prepare lien agreements and suboroination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other, forms of security listed in Section 3 6, above, there will be no administrative fee. 67 T:IPWDEPTIDevdivlAgreements\30090 offsite sia.doc 29 Page 2 of 6 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. c 30 T:\PWDEPT\DevdivlAgreements\30096 offsite sia.doc Page 3 of 6 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligatior 31 T:\PwDEPT\DevdivIAgreementsQ0096 offsite sia.doc Page 4 of 6 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. 70 32 T:\PWDEPT\DevdivlAgreements\30096 offsite sia.doc Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta Thomas P. Genovese, City Manager ATTEST: 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Date City Clerk SUBDIVIDER: Puerta Azul Partners, LLC 17700 Upper Boones Farm Road #100 Portland Or 97224 (714)936-5853 Date By: Date Title: Reviewed and Approved: Ti thy. R. Jon sson, P blic Works rector/ Engineer Date Approved as to Form: City Attorney Date 33 T:\PWDEPT\DevdivlAgreements\30096 offsite sia.doc Page 6 of 6 Exhibit A SECURITY - TRACT No 30096 -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 Street Water Sanitary Sewer Traffic Signal (50 % of cost- installation to be deferred per Conditions of Approval) Cost of Improvements Standard Contingency (10%) Total Improvement Costs Professional Fess (Construction) 0% of revisions cos of 262.00 for inc mplete p/a s) Total Bond Amount Performance Labor & Materials $ 121,893.77 $ 121,893.77 $ 49,608.00 $ 49,608.00 $ 11, 760.00 $ 11, 760.00 $ 75,000.00 $ 75,000.00 $ 258,261.77 $ 258,261.77 $ 25,826.18 $ 25,826.18 $ 284,087.95 $ A. oz_95 28 408.79 28 408.79 $ 1> 312,496.74 312,496.74 _ `'I .2-31/i 0E37. I3 -# aaljob7 ,,�s 34 STATE OF , County of chit I certify that I know and have satisfactory evidence that Signed this instrument, on oath stated that he is authorized to execute the instrument And acknowledged it as the CEO of the Managing Member, Puerta Azul Partners, LLC, to be the free and voluntary act of such party for the uses and purposes mentioned. Dated: Ot>-% - O3 Notary Public i e state of Qc�e p My appointment expires (�C F OFFICIAL SEAL CAROLYN M. PACE NOTARY PUBLIC-OREGON COMMISSION NO, 344800 MY COMMISSION EXPIRES APRIL 10, 2005 n , residing at toO , bljZ0ZZ1'b 73 35 SUBDIVISION IMPROVEMENTS #553131S Tract Map No. 30096 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract No30096 prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, In accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quints, State of California, and Puerta Azul Partners, LLC hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public Improvements, which said agreement, dated _, 200_, and Identified as Tract Map No. 30096 , Is hereby referred to and made a part hereof, and WHEREAS, said principal is required under the terns of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and Developers Surety and Indemnity Company, as surety, are held and firmly bound unto the City of La Quints hereinafter called ("City"), in the penal sum of Two hundred eighty-four thousand * DOLLARS ($ 284,087.95--- ---) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. *eighty-seven and 95/100----------------------------------- 'The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall In all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 74 F201- Perior mare Bond Page 1 of 2 36 The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named, on May 13 , 200 3. Puerta Azul Partners, LLC Principal (Seal) Signature of Plincipal Title of Signatory Developers Surety,aIndemnity Company Surety (Seal) Signs ' o urety Geri M. Burnett, Attorney -in -fact Title of Signatory Five Centerpointe, Suite 530 Address of Surety Lake Oswego, OR 97035 Phone # of Surety Brent Olson Contact Person For Surety F201 - Performance Bond Page 2 of 2 a 37 SUBDIVISION IMPROVEMENTS #553131S Tract Map No. 30096 ._ LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract No. 3 0096 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and Puerta Azul Partners, LLC hereinafter designated as "the principal" have entered into an agreement whereby the principal agrees to Install and complete certain designated public improvements, which agreement, dated., 200_, and identified as Tract Map No. 30096 , is hereby referred to and made a part hereof, and WHEREAS, under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of La Quinta to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, the principal and the undersigned as corporate surety, are held firmly bound unto the City of Le Quinta and all contractors, subcontractors, laborers, materialmen, and other persons employed In the performance of the agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of Two hundred ei ht -four thousand eighty-seven 95 100--DOLLARS ($ 284 , 087.95----- ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the some in an amount not exceeding the amount hereinabove set forth, and also in case suit Is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney' s fees, incurred by city in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any rnanner affect Re obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. 76 F202 - Labor and Material Bond P999 1 of 2 38 In witness whereof, this instrument has been duly executed by the principal and surety above named, on May 13 , 200 3 Puerta Azul Partners, LLC Principal (Seal) - Signs re of Principal - Title of Signatory Deve Surety and emnity Company Sure (Seal) z� Signatu a of Surety tl Geri M. Burnett, Attorney -in -fact Title of Signatory Five Centerpointe, Suite 530 Address of Surety Lake Oswego, OR 97035 503-684-9606 Phone # of Surety Brent Olson Contact Person For Surety 77 F202 - Labor and Material Bond Pale 2 of 2 39 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 - (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Blaine D. Williamson, Geri M. Burnett, Brent Olson, Morag A. Corey, jointly or severally*** as their true and lawful Attorney(s)- i n- Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November I, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 8" day of January, 2(x)2. AND By: .••�''�� .........�No�''•. MP ANY O David H. Rhodes, Executive Vice President '01tPORq� .F�j A. Op�POgq By Walter A. Crowell. Secretary STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) co a : OCT. a = 10 0 1936 h V = OCT.5 W 1967 X /FORS * -10000 On January 8, 2002, before me. Antonio Alvarado, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the nersons acted. executed the instrument. WITNESS my hand and official seal. q7Signature CERTIFICATE ANTONIO ALVARADO p COMM. # 1300303 Notary Public - California 2qpl ORANGE COUNTY y Comm. Expires APRIL 10, 2005 The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of All, yne,are in fo of the date of this Certificate. This Certificate is executed in the City of Irvine, California, theday of By David G. Lane, Chief Operating Officer 73 I D-1380 (01 f02) 40 THE GiROUP DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three-year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. Under this program, the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of $1,000,000,000.00 for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act does not, however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond, or by operation of law. No additional premium has been charged for the terrorism coverage required by the Act. Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch Irvine, CA 92614 (949) 263 3300 www.inscodico.com 73 41 • , O4k /.fir DMZ ^� OFT COUNCIIJRDA MEETING DATE: June 3, 2003 AGENDA CATEGORY: ITEM TITLE: Approval of a Reimbursement Agreement Between the City of La Quinta and the Desert Sands Unified School District for Improvements to Eisenhower Drive North of Calle Tampico RECOMMENDATION: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Appropriate $440,000 from the City's Infrastructure Fund, Account No. 225-000- 300-290 and authorize the City Manager to execute the Reimbursement Agreement between the City of La Quinta ("City") and the Desert Sands Unified School District ("DSUSD") for improvements to Eisenhower Drive North of Calle Tampico. FISCAL IMPLICATIONS: Sufficient funding is available within the City's Infrastructure Fund, Account No. 225- 000-300-290, to support staff's recommendation. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: DSUSD is preparing plans to construct an elementary school at the northeast corner of Eisenhower Drive and Calle Tampico. DSUSD hopes to start construction in early 2003. The new school will have 580 feet of frontage on Eisenhower Drive. As a result, DSUSD is also preparing street improvement plans to widen the east side of Eisenhower Drive, including constructing a 12-foot wide landscaped median. S:\CityMgr\STAFF REPORTS ONLY\CC7C.doc :1 The same segment of Eisenhower Drive, between Calle Tampico and the Evacuation Channel bridge, is also scheduled for additional improvements by the City as part of the Evacuation Channel bridge widening and the street widening planned by Cameo Homes as part of the recently approved development located immediately north of the school site. On November 19, 2002, the City Council authorized staff to negotiate a cooperative agreement with DSUSD to fund up to $440,000 for additional street improvements on the west side of Eisenhower Drive adjacent to the DSUSD frontage. The Reimbursement Agreement (Attachment 1) facilitates the construction of the proposed street improvements and establishes the method of reimbursement to DSUSD. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appropriate $440,000 from the City's Infrastructure Fund, Account No. 225- 000-300-290 and authorize the City Manager to execute the Reimbursement Agreement between the City of La Quinta and the Desert Sands Unified School District for, improvements to Eisenhower Drive North of Calle Tampico; or 2. Do not appropriate $440,000 from the City's Infrastructure Fund, Account No. 225-000-300-290 and do not authorize the City Manager to execute the Reimbursement Agreement between the City of La Quinta and the Desert Sands Unified School District for improvements to Eisenhower Drive North of Calle Tampico; or 3. Provide staff with alternative direction. Respectfully submitted, 4imothy R. J Hass P.E. Public Work irec or/City Engineer K Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Reimbursement Agreement M ATTACHMENT 1 Desert Sands Unified School District 2 AGENDA CATEGORY General Functions BOARD of EDUCATION MEETING o51061200� ' ACTION /CONSENT rrEM TYT Reimbursement resment with x CT ON INFORMATION C' La Qunna For E' nhower I --DISCUSSION Calle Tampico 13ernen School _ Strategic pbm Strategy: - 7 �CKGROUND; e Ci of La Quinta wishes to enter into o reirribursem� agn�ment with Desert Sands UnifiedDistrictentaq School. for improvements toenho�we� Drive that wiH be in o�orprmdon with Cade Tampico Of Dis#rict's scope of work includes 25% cost of a traffic sign d at Gaile Tampico �requested Eisenhower thatvti� ist�ict ine and c ude Eisenhower Drive along the DlsbWs prop" on Eisenhower Drke- The� � nded improvements into the DistcWs scope of work. 1'he aftched Reimbursement Agreement provides Gi 0 nded in improve funds for the i ts_ When the bids are opened and received and actual costs are known, Cityadjustmenft Included in the estimated costs is a 5 % the City and Distroct will review themrser�nertt for Disirict administration of the project. approprialB funding administration fee that vwil be reimbu MCAL Il�'L CATI+UNS: An amount of $440,000.00 from the City of La Quinta as reimbursement improvements to the Eisenhower Dr. at Calle Tampico Elementary SChooi. RECo � -DOW Approve the Reimbursement Agreement with the City of La Quinta for Improvements to Eisenhower Drive at Calle Tampico Elementary School in the amount of $440,000.00. by; Facilities Services aOusiness ew=cu&d br. rSendces dinger. Assistant Superintend +,uM rotes ari Kl mD aluu w u Mn M — ---- Dr. Doris L Wuson, Supetintendent When necessary, oddidonat Wkground may fat '7V this. 685 n MY OF LA QUWA -� MMURSEMNT AGREEMENT ElsENHowER Ditto (Calle Tampico l 0"h Approzku"Y W Ln AGREEMENT (te stAgrom� is made and =tared into this day of THIS RE LWEIMM4T 2003, by and between the Desert Sands Unwed School District ("DSUSD-). a school ornia, a district organized and existing under the Laws of the State of Ca�lifvmis, and tho City of La Quinta, Calif California C'harIff City (the "Ci . RECITALS_ A. DSUSD intends to construct a new elementary school on the northeast comer of Eisenhower Drive and Calle Tampico ("Development"}. B. The Development has approximately 580 linear feet of frontage on Eisenhower Drive and DSUSD intends to widen the east side of Eisenhower Drive to its u general, plan configuration at its expense as one of the offshe traffiia mitigation obligations of the Development. sec C. DSUSD also intends to contribute 25% of the cost of a new f the Devsignala a oe � t don of Eisenhower Drive and Calle TOLMOco as an additional ofrsio traffic mitigation obligation o ntepman to widen the bridge on Eisenhower DrWe over D- The City s Capital Improvement Program curcendY proposes the Evacuation Channel, located approximately 600 feet north of the Development, in the near future along with other associated street improvements approaching the bridge. . tK_ rtairi pending rovements iderurificd in the C"iv 'S Capital - E. The City and DSUSD mutually desire to have ce pe g improvement Program, that are located neat the Development, completed prior to commencement of classes. P. The parties hereto desire that at the time of CordVoetion of the street improvements on the east side of Eisenhower Lowe, DSUSD also constrict certain additional street and i kuproveinenu in the Eisenhower Drive right of way, subject to t+eanifor achW even up to the budget amount of S440,000 unless the City increases the budget NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. onsibilities of DSUDD_. DSUSD shall cause tie design and construction of the Eisenhower Drive Street jmpMvements on the west side f um Calle Tampico to 584 linear feet north of Cade Tampico as described on Exhibit "A" attached hereto• improvementsIn consist o-k the widening the west side of Eisenhower Drive by 6 few installation $�eral, � � installation of a 12•foot wide of a tiew tic sib at the rn� of Eisenhower �� estliblisltment period following landscaped median? and the of fife � completion of the improvements to the sw6facti�on of the City Engineer. DSUSD shall: the plans and specifications for the City funded improvements in accordance with City standards and a prepare the in rovetnenis from the DSUSD funded improvernerns, and in a meaner which clearly distinguishes tie City boded� tp submit such plans w1d $Pwincaiiow td the City Public Works Department for review and approval- , b. bid the proposed improvements in a manner which clearly distinguishes �eCity w�ardeall or part of the City rovements from the DSUSD funded improvements and in a manner that allows the City the s funded improvements; 84 685.1 A C. cause the construction of City funded improvemena; and t g bod et described on Exhibit "A" without the written permission of the city. d. not exceed the PCO.1� `- Z es nsibiiities of City. City shall reimburse DSUSD for the following itnpro�vemt:AtS in aceoKdance with the project budget described on $xhibit A: 75°/s of the costs �to_install a new tic signal at.the intersecbori of Eisenhower Drive and Cane Tampico- install 100% of the cost to widens the west side of Eisenhower Drive by six feet. 0.10010/0 of the cost to install median island and median island landscape and irrigation improvements. d. 140'/0 of the cost to reconstruct the bike path and kmdmping within the west parkway. C. 1W /o 0 of the cost to rehabiiiWe and reconstruct the existing pavement on the west side, including the repair of the pavement surrounding the new median. 0 of the roject soft costs associated with the City requested improvements, including design, f. 100'1 P administration, inspection, testing, and survey. 2.1 CiTY agrees to review the esdm*ted costs for the project following the preparationeengineer's esgmM and following the receipt of construction bids. The eligible costs outlined within Exhibit A may badjusted ed the City if necessary. t t USD. Reimbummnt for work performed shall,be made upon preaentaltion to City of 1 cosh and enclosing th� Reim erewith copies of cotaras invoims, evidence of . s� from DSUSD, a� 1?�J� � be required by city_ to verify costs, Provided however, that payment and ate' such information add roeords may Q monthly. DSUSD s such shall be made � DSUSD no snore frega�itl7 than hell submit a project completion PaY�� report to City. • 1 Prior to any final paym to DSUSD bar City, a final report shall be submitted 4. Pro et Coniv for said project; d� with a record of all change to City by DSUSD containing a record of all al PAYMm thereafter will be paid by City in, accordance orders, cost over_uns, and other expmseS with the provisions of this Agreement. . DSLJSD shall warrant tbo Improvemcm which include the hardscape, electrical, and . of one year fbIlovnng.thdr completion and acceptance try the City. landscape � irri elements, for s period at the end of the sixty (60) day landscape establishment period. The Rr p$niod steall begs arising under this Agreement, the injured party shall notify the 6. D_ 1�• Id the event of any dsPu� g The injmad party shr►Il continue performing its injuring per' of its contentions by submitting a claim th• ces tv Cure sash injuring action within ten (10) obli ions iwcurred herein so long as the inlurmg party c0nmucnthe cure within forty-five (45) calms days after the business days of service of such wdce and completes neon„ or such longer period as may be agreed upon by tk parties. ces an a-S— 30ftst the other W iing OUt of or in OOnneCtiOn 7. Atborne s F . If coy PmtY action to compel "It of the Reimbursement, with this Agreement, including the filing of a lien or ot#�'� 's fees and lops ccxsm from the losing PartY• the pmvailmg party shall be entitled to recover reasonableY 85 68.5.2 to iat�emnify, defieltd and bold City and its orders, employees, `g. tndemn' cation. DSUSD agrees nst an losses, claims, demands, resertaxives� and as g i`CrtY endemaities") harmless from � i Y d annected with the ageb, ' er, arising out of or in any way moons, or caws of action, of any a re or represent under this Agmm including costs ce of DSUSD, its offi s, emPloye a to any action, lawsuit, or sable dwrneys' fees. in the event the City indemnities are made P� causes of action, of suit reaso i clam, �nands, actio�es, or other adversarial pxoCeeding i�t any way involving such ° e. s reimburse the City indemnities DSUSD shall provide a defer to the City indemnities, or at the led ddb sable Ott fees, incurred in defense of such claim_ In addition, their costs of.defetise, including reasa final judgment or pfiion thereof cenciered against the City DSUSD shall be obligated to -promptly p$!► Y indemnities, to ee of City shall be pemonally liable to DSUSD or 9..aw Offi and F.,mplo No offices' or y direst in the event of any d�enit or breach by City orfor any amount which may become due i any successors in n to DsUSI] or their successors in interest or for breach of any,obli !lion ofthe teems of this Agreementrnent. ant This A. reeamt, shall remain in full force and cffect for two years following the 10. Term of A ee g date it has been executed by both parties. vat, or Communication either party desues or is 11. N Any notice, demand, mq� c0nWU� nail or sent by or any p SW be in writing and either sesvec! personally i., to give the PAY fo�fi belpw. Notiice shall be deemed oomaiuriid#ed forty-eight (4g) - prepaid., fjrst-class mail to the add:es set hours from the time of mailing if mailed as provided in this Section. To City: City of La Quints 79-495 Calla Tampico Ls Quints, CA 92253 ' 760J717-7075 - Attn: Timothy R. Janasson, Public Works Director/City Engineer To DSUSD: Desert Sands Unified School District 47950 Dune palms Road La Quinta, CA 92253 ices Attn: Peggy Reyes, Director of Facility Scrv- not assign their obligations hereunder to any 12. A sianrnent of A The Peres hemm may st�l1 not unreasonably without the knowledge and owa�eni of the other pia becetia which other parties assignee an WjUing, finnoially capable and competent to wilthhold consent Assigamant may be m e on1'Y carry out the assigwr's obliptiorms- 13. -Qeneral PrO isio rovided herein, the terms, �condtttoas, and enits set forth herein A. Except as otherwise p admiaistta�� assi8as, and suecemom of the parties hereto. shall apply to and bind the heirs, executors, ant do sat rely upon any�varramy or representation not captained in this �,_ The psrtie:s to this Agreean Agreement. be governed by and interpreted with respect to the laws of the State of C. This Agreement shall California. 0 6 7 685.3 P�ID-_ Any failure or delay by any l in any of its rights and remedies as to any dafautt "I not o to as a waiver of any default or of any rights or temedies pmvidcd for boceim Ia.This Agreement maybe amended at eny time by the mutual consent of the partiesby an instrument in writing signed by1he any p p�es- Sevthe event trovision or provisions of this Agnpemerrt are held unenforceable, 14. crabili . In hat all provisions not so held shall MnaiR in fait f xue andGffect f The PODIS CXecating this Ag�mert on behalf of the parties hereto 15. Auth authot- to exrocute this Aft on behalf of said des and that by so executing me duty warrant that dM tth are ft�t�ally bound do the provisions of this Agreement. this Agreemen P OF the hereto have � this A►�nent as of the day and y'�' first iN 1��I"1 N>rSS VV1iElt� Pu'aes written above. Approved as to Form: Date City Attorney Qty-. City of La Quinta 78-495 Cal le Tampico La Quint., CA 92253 ------------ Date i Thomas P. GeYtoveS� Ci�gn2tget ATTEST: City Clerk DSUSII: Desert Sands Unified Sohool District 4'1-950 Dtlne Palms Road La Quinta, CA 92253 Charlene W Winger, Assistant Superintendent Business Services Date M :. 685.4 8 - F� rV Loa ! w 5 OF AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: ,tune 3, 2003 ITEM TITLE: Approval to Extend a Professional Services Agreement with Nickerson & Associates, Inc. to Provide Project Management and Contract Administrative Support Services for Fiscal Year 2003/2004 RECOMMENDATION: BUSINESS SESSION: t CONSENT CALENDAR: J STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to extend a Professional Services Agreement (PSA) for a period of one-year, with the firm of Nickerson & Associates, Inc. in an amount not to exceed $123,800, to provide Project Management and Contract Administrative Support services. FISCAL IMPLICATIONS: Sufficient funding is available to support the approval of a PSA in the amount of $123,800.00. The professional services associated with the proposed agreement are charged on a time and materials basis and are assigned directly to the assigned capital improvement projects worked on during each billing cycle. The professional services budget adopted within Fiscal Year 2003/2004 is $339,782.00. It is anticipated that $98,800.00 of this funding will be used to pay the time and materials charged for project management and contract administration. The remaining $25,000.00 has been set aside for the development of the new capital improvement plan for Fiscal Years 2004/2005 through 2008/2009 and other special projects and will be paid through account 101-451-603-000. S:\CityMgr\STAFF REPORTS ONLY\6-3-03\CC4C revised.doc 88 _.CHARTER CITY IMPLICATIONS: •l- BACKGROUND AND OVERVIEW: In the spring of 1997, the Public Works/Engineering Department retained the part-time professional services of Lloyd ".Nick" Nickerson, co-owner of the Nickerson, Diercks, and Associates engineering firm (NDA) to augment existing engineering staff in the Capital Improvement Division. Mr. Nickerson was retained via an interim contract to provide key professional support with respect to contract administration and project management duties through the balance of the 1996/1997 Fiscal Year. In the subsequent fiscal year, the City Council directed staff to request proposals from firms'in the engineering community for the type of engineering services performed by Mr. Nickerson. Two proposals were received and evaluated with the City Council awarding a two-year contract to NDA. It should be noted that NDA provides a unique service, an RFP for which staff believes is unlikely to generate more proposals from local consultants at this time. In June 1999, the City Council authorized the City Manager to bypass the competitive selection procedure and negotiate directly with NDA for a continuation of the professional support services provided by Mr. Nickerson. Each year since 1999, the City Council has renegotiated its professional services contract with NDA, which is now known as Nickerson and Associates, Inc. (NAI), for the part-time services provided by Mr. Nickerson. During the past two year's, NAI's contract also included professional engineering design services on a time and material basis, as needed, to provide engineering staff with an efficient means to initiate and administer minor design projects (primarily remedial maintenance projects) that surface unexpectedly in response to concerns voiced by La Quinta residents. As in past years, the renewed contract is based on hourly fees, with an amount of $95.00 per hour for professional project management services, $110.00 per hour for a professional registered civil engineer, $85.00 per hour for a design engineer and $45.00 per hour for administrative support. S:\CityMgr\STAFF REPORTS ONLY\6-3-03\CC4C revised.doc 2 The proposed hourly rates for the professional project manager and the design engineer have not increased over last year's rates. However, the hourly rates for the other two positions that are employed less extensively changed as follows: • $1 10 per hour vs. $105 per hour for a registered engineer • $45 per hour vs. $35 per hour for administrative support person These hourly increases are due to the higher costs of Professional, General, and Auto Liability Insurance and other overhead factors. Typical services provided by NAI include, but are not limited to: • Prepare and submit necessary documents, and coordinate with various regional, county, state and federal funding agencies to acquire and maintain funding approval. • Prepare and track project schedules. • Prepare correspondence, reports, and memorandums necessary to administer various City capital improvement projects. • Assist with bidding procedures, prepare bid summary comparisons in a table format, and make recommendations for City Council consideration to award Public Works contracts for construction. • Prepare and conduct informal request for proposals to construction support sub - consultants, summarize proposals received and make recommendations for award of Professional Services Agreements. • Monitor and report on project status, budget vs. actual expenditures, and contract time vs. actual time. • Prepare staff reports for City Council and/or Planning Commission consideration, as necessary. At the direction of staff, prepare annual 5-year Capital Improvement Program document for City Council comments and approval. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the City Manager to renew a Professional Services Agreement for a period of one year, with the firm of Nickerson & Associates, Inc. in an amount not to exceed $123,800, to provide Project Management and Contract Administrative Support services; or S:\CityMgr\STAFF REPORTS ONLY\6-3-03\CC4C revised.doc 3 all Do not authorize the City Manager to renew a Professional Services Agreement for a period of one year, with the firm of Nickerson & Associates, Inc. in an amount not to exceed $123,800, to provide Project Management and Contract Administrative Support services; or 3. Provide staff with alternative direction. Respectfully submitted, T' othy JJcso .E. Public Works ector/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Professional Services Agreement S:\CityMgr\STAFF REPORTS ONLY\6-3-03\CC4C revised.doc 4 91 ATTACHMENT 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and NICKERSON & ASSOCIATES, INC. ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scone of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to PUBLIC WORKS DEPARTMENT, ENGINEERING AND TRAFFIC SERVICES, CAPITAL IMPROVEMENT PLAN, PROJECT MANAGEMENT, CONTRACT MANAGEMENT, AND ADMINISTRATIVE SERVICES FOR FISCAL YEAR 2003-2004 as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work.under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 5 9z C:\My Files\CLQFILES\NAI CLQ Files\2003-13\NicksAgreement.wpd 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform'services in addition to those -specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed ONE HUNDRED TWENTY-THREE THOUSAND EIGHT HUNDRED DOLLARS, ($123,800) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (1 Oth) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 93 0 CAMy F11es\CLQFILES\NAI CLQ Files\2003-13\NicksAgreement.wpd 3.3 Force Mateure. The time period specified in the Schedule of Performance for performance of the services- rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgement such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Lloyd "Nick" Nickerson Jr., President It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Steven Speer, Assistant City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4 7 CAMy Files\CLQFILES\NAI CLQ Files\2003-13\NicksAgreement.wpd 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees; perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injgn2roperty Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $500,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. 95 s CAMy Fi1es\CLQFILES\NA1 CLQ Files\2003-13\NicksAgreement.wpd Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. Consultant shall defend, indemnify and hold harmless City, its officers, employees, representatives and agents, from and against those 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 City) and for errors and omissions committed by Consultant, its officers, employees and agents, which arise out of Consultant's negligent performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order 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. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 9 Cj tJ CAMy Files\CLQFILES\NAI CLQ Files\2003-13\NicksAgreement.wpd 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the -performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement 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 City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by 97 this Agreement. 10 C:\My Files\CLQFILES\NAI CLQ Files\2003-13\NicksAgreement.wpd 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non - defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval -shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of set off or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES,• NON-DISCRIMINATION. 8.1 Non -liability of City,Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor. in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. , 11 C:\My Files\CLQFILES\NAI CLQ Files\2003-13\NicksAgreement.wpd 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any -such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant ap-ainst Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any' other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 Attention: Steven Speer To Consultant: Nickerson & Associates, Inc. 68-955 Adelina Road Cathedral City, California 92234 (760) 323-5344 . Fax 323-5699 Attention: Nick Nickerson 9.2 Inte rag ted Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgement or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 99 12 CAMy Files\CLQFILES\NAI CLQ Files\2003-13\NicksAgreement.wpd 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant ax 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 32003. CITY OF LA QUINTA, a California municipal corporation Thomas P. Genovese, City Manager ATTEST: June Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jensen, City Attorney CONSULTANT, Nickerson & Associates J1 • Lloyd Ni kerson Jr., President 68-955 Adelina Road Cathedral City, California 92234 (760) 323-5699 (Fax) 323-5344 1,0 C:\My Files\CLQFILES\NAI CLQ Files\2003-13\NicksAgreement.wpd 13 Exhibit A Scope of Services As directed by City Staff, the consultant's services shall include, but are not limited to the performance of the following assignments, duties and tasks: l . Prepare and submit necessary documents to, and coordinate with various regional, county, state and federal funding agencies to acquire and maintain funding approval. 2. Preparation and tracking of project schedules using Microsoft Project 2000. 3. Preparation of necessary correspondence, reports, and memos necessary to administer various City capital improvement projects, using Word Perfect 6.0/6.1 or higher and/or Microsoft Word 7.0 or higher version word processing program. 4. Assist with bidding procedures, prepare bid summary comparisons in a table format, make recommendations for City Council consideration to award Public Works contracts for construction. 5. Prepare and conduct informal request for proposals to construction support subconsultants, summarize proposals received and make recommendation for award of Professional Services Agreements. 6. Monitor and report on project(s) status; budget vs. actual expenditures; contract time vs. actual time. 7. As necessary, prepare Staff Reports for City Council and/or Planning Commission consideration. 8. Act as an extension of Public Works staff while in the performance of the above referenced tasks. 9. At the direction of staff, prepare the annual 5-year Capital Improvement Program document for review and approval by the City Council. 101 14 CAMy Files\CLQFILES\NAI CLQ Files\2003-13\NicksAgreement.wpd Exhibit B Schedule of Compensation Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed ONE HUNDRED TWENTY-THREE THOUSAND EIGHT HUNDRED DOLLARS, ($123,800) except as specified in Section 1.6 - Additional Services of the Agreement. Services will be billed on a bi-monthly basis for time and materials expended, time cards will be submitted on a weekly basis for review and approval by City staff. All man-hour costs to be billed as follows and per the attached consultants statement of personnel hourly billing rates. Project Manager/Administrator $95.00 per hour Professional Civil Engineer/Traffic Engineer $110.00 per hour CAD Draftsman $85.00 per hour Secretarial Support $45.00 per hour All reimbursables to be paid at cost, without mark-up or additional overhead. ALLOWABLE BUDGET: Administration Division: Capital Improvement Plan Preparation and Specialty Projects $ 25,000 Engineering & Traffic Services Division: Contract Services $98,800 102 15 C:\My Files\CLQFILES\NAI CLQ Files\2003-13\NicksAgreement.wpd Exhibit C Schedule of Performance Consultant shall complete all services within TIME LINE ALLOWED BY THE TOTAL CONTRACT SUM. All services to be completed within Fiscal Year 2003-2004. 103 16 C:\My Files\CLQFILES\NAI CLQ Files\2003-13\NicksAgreement.wpd Exhibit D Special Requirements This contract shall be annually renewable, if both parties are in mutual agreement, for a period to -o- exceed one additional year, without the expressed written approval of the City of La Quin City Council. 104 17 C:\My Files\CLQFILES\NAI CLQ Files\2003-13\NicksAgreement.wpd NAI CONSULTING Civil Engineering -Project Management -Contract Administration 68-955 Adelina Road, Cathedral City, CA 92234 May 22, 2003 Timothy R. Jonasson, P.E. Public! Works Director/City Engineer City of La Quinta 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92253 NAI Job Number: 2003 -13 Subject: FY 2003-2004 Contract Project Management Support Services Dear Mr. Jonasson: NAI Consulting (NAI) is pleased the City of La Quinta is considering the renewal of our contract to provide Project Management and Contract Administrative Support Services for the 2003/2004 fiscal year. On behalf of NAI, I can continue to commit a minimum of 20 man-hours per week toward the accomplishment of assigned work tasks. Essentially, I will serve as an extension of the City's Engineering/Public Works Staff while working on assigned projects for the City. As such, you can count on me to provide as much and/or as little time as the Department's work load demands. Typical services to be provided include, but are not limited to: • Preparation and submittal of the documents necessary to, and coordinate with, various regional, county, state and federal funding agencies to acquire and maintain funding approval; • Preparation and tracking of project schedules; • Preparation of necessary correspondence, reports, and memos necessary to administer various City capital improvement projects; • Assisting with bidding procedures, prepare bid summary comparisons in a table format, make recommendations for City Council consideration to award Public Works contracts for construction; • Preparation of request for proposals (RFP) to construction support sub -consultants, summarize proposals received and make recommendation for award of Professional Services Agreements; • Monitoring and reporting on project(s) status; budget vs. actual expenditures; contract time vs. actual time; • Preparation of Staff Reports for City Council and/or Planning Commission consideration; and • Other assigned tasks and services as directed by the City of La Quinta Engineering/Public Works Department. 105 Fax (760) 323-5699 Phone (760) 323-5344 Pager (760) 8364257 18 In addition, I will be completely supported by NAI's full range of services and capabilities, including full use of my personal computer, network interface, and printer. If selected, NAI agrees not to pursue any project that is perceived by City Staff to be a conflict of interest. NAI propose the following hourly rates for the City's consideration and incorporation into the FY 2003/2004 contract documents. These rates will become effective on July 1, 2003 and will remain in effect through June 30, 2004. Project Manager/Contract Administrator $95.00 per hour Professional Civil Engineer/Traffic $110.00 per hour Design Engineer $85.00 per hour Secretarial Support $45.00 per hour NAI will continue to provided reimbursable expenses, such as messenger, postage, CAD plots, copying, etc. at cost without markup. You'll be pleased to note that in addition to my fitting experience, NAI maintains $1 Million Dollars in Professional Liability Insurance, General Liability Insurance, and Automobile Insurance coverages. NAI Consulting have reviewed and accept the terms of the City's Professional Services Agreement. NAI can not waive its right to subrogation. Thank -you for allowing me the opportunity to express my interest in continuing to provide the City of La Quints with in-house Project Management and Contract Administrative Support Services. Don't hesitate to contact me at (760) 323-5344 if you have any questions or if you require additional information. Sincerely, LLon NICKERSON, JR. President 106 iV /rrnn-T 01) G� Fti9 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: ,tune 3, 2003 BUSINESS SESSION: ITEM TITLE: Approval of a One -Year Maintenance Agreement Extension for Street Sweeping Servicesing CONSENT CALENDAR: g P Services for Fiscal Year 2003/2004 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve a one-year Maintenance Services Agreement Extension in the amount of $68,166 to Clean Street (formerly California Street Maintenance) to provide street sweeping services for fiscal year 2003/2004. FISCAL IMPLICATIONS: Based upon actual work from the previous fiscal year, the proposed fees are calculated at $24 per curb mile or $1,310.88 per week for 52 weeks. It is anticipated that this Maintenance Service Agreement will be approximately $68,166. Adequate funds for street sweeping services. have been proposed in the Fiscal Year 2003/2004 preliminary budget, Account No. 101-453-621-616. CHARTER CITY IMPLICATIONS: The referenced services are funded by the General Fund. Therefore, under the Charter City status, the City is not required to pay prevailing wage rates. BACKGROUND AND OVERVIEW: On February 6, 2001, the City Council authorized staff to distribute a Request for Proposal (RFP) to obtain street sweeping services. A.01 • S:\CityMgr\STAFF REPORTS ONLY\6-3-03\CC3C.doc On November 9, 2001, the City received one proposal. The proposal was submitted by California Street Maintenance in the amount of $35 per curb mile or $1,663 per week. Staff met with California Street Maintenance on November 16, 2001 for the purpose of refining the proposed scope of services and negotiating an acceptable contract amount. The proposed fee at $35 per curb mile.included the disposal of all collected refuse at a legally established disposal area. During the negotiations staff agreed that the City would provide the contractor with a refuse collection area and the City would provide for refuse disposal. Considering this scope change, the per curb mile fee was lowered to $24 and came within the City's available budget. During the December 18, 2001 City Council Meeting, the City Council awarded a Maintenance Service Agreement to California Street Maintenance for 26 weeks, in an amount not to exceed $29,640. The original Maintenance Service Agreement allowed for two (2) one-year extensions renewable at the beginning of each fiscal year through Fiscal Year 2003/2004. During the June 4, 2002 City Council Meeting, the City Council approved a one-year Maintenance Service Agreement extension in the amount of $59,280 to California Street Maintenance. Attachment 1 is the proposed Maintenance Services Agreement between the City of La Quinta and Clean Street (formerly California Street Maintenance), in the amount of $68,166. The proposed fee is calculated at $24 per curb mile or $1,310.88 per week for 52 weeks. Contingent upon City Council approval of the Maintenance Services Agreement Extension on June 3, 2003, street sweeping services will continue from July 1, 2003 through June 30, 2004. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a one-year Maintenance Services Agreement extension in the amount of $68,166 to Clean Street to provide street sweeping services; or 2. Do not approve a one-year Maintenance Services Agreement extension in the amount of $68,166 to Clean Street to provide street sweeping services; or 3. Provide staff with alternative direction. tos, S:\CityMgr\STAFF REPORTS ONLY\6-3-03\CC3C.doc Respectfully submitted, ,..(mot• imothy R. ass , P. E. Public Works Director/City Engineer Approved for submission by: Thomas P.. Genovese, City Manager Attachments: 1. Maintenance Services Agreement \\CLQADMFS1\SHARED\CityMgr\STAFF REPORTS ONLY\6-3-03\CC3C.doc 105 3 ATTACHMENT 1 MAINTENANCE SERVICES AGREEMENT THIS MAINTENANCE SERVICES AGREEMENT (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and Clean Street ("Contractor"). The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide those services related to Mechanical Street Sweeping as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Contractor, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Contractor shall not relieve Contractor from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contractor. 110 \\CLQADMFS1 \PUBWRKS\PWDEPT\COUNCIL\2003\June 3, 2003\CC3C Attach.doc Pagel d4 15 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Contractor shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Contractor shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Sixty Eight Thousand One Hundred Sixty Six Dollars and No Cents ($68,166.00 ) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Contractor's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Contractor wishes to receive payment, Contractor shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contractor specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. tri \\CLQADMFS1\PUBWRKS\PWDEPT\COUNCIL\2003\June 3, 2003\CC3C Attach.doc Page2 cO 15 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgement such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Mr. Rick Anderson b. Ms. Kelley Kessler C. Mr. Chase Harris It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Mr. James Lindsey or such other person as may be designated by the City Manager of City. It shall be Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 112 \\CLQADMFSI\PUBWRKS\PWDEPT\COUNCIL\2003\June 3, 2003\CC3C Attach.doc Page3 A 15 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Contractor with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Contractor only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Contractor shall procure and maintain during the term of this Agreement, at its cost, and submit to City for review by City's Risk Manager concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's acts or omissions rising out of or related to Contractor's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contractor's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers, officials, members, agents, representatives and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Contractor shall carry commercial general liability insurance in the amount of $3,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. Contractor shall carry automobile liability insurance of $3,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contractor, its officers, any person directly or indirectly employed by Contractor, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contractor's performance hereunder and neither City nor its insurers 113 \\CLOADMFSI\PUBWRKS\PWDEPT\COUNCIL\2003\June 3, 2003\CC3C Attach.doc Page4 of 15 shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Contractor shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. All insurance required by this Section shall be: (a) kept in effect during the term of this Agreement and shall not be cancelable, suspendable, avoidable or reduceable without thirty (30) days written notice to City of proposed cancellation and (b) placed with insurers with a BEST rating of no less than A + Class XIV. A certificate evidencing the foregoing 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 Contractor's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. The Contractor shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents, "City indemnitees," from and against and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by the City) ("claims") and for errors and omissions committed by Contractor, its officers, anyone directly or indirectly employed by Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement, except to the extent of such loss as may be caused by City's own active negligence, sole negligence or willful misconduct, or that of its officers or employees. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims, Contractor shall provide a defense to the City indemnitees, or at the City's option, reimburse the City indemnitees their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against the City indemnitees. 5.3 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contractor to stop work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. C. Terminate this Agreement. 114 \\CLQADMFSI\PUBWRKS\PWDEPT\COUNCIL\2003\June 3, 2003\CC3C Attach.doc Pages c0l 15 Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contractor's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning Contractor's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Contractor shall keep such books and records ' as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Contractor for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Contractor from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Contractor shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 1SJ \\CLQADMFSI\PUBWRKS\PWDEPT\COUNCIL\2003\June 3, 2003\CC3C Attach.doc Page6 o915 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Contractor sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contractor in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contractor requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 116 \\CLQADMFS1\PUBWRKS\PWDEPT\COUNCIL\2003\June 3, 2003\CC3C Attach.doc Page7W 15 7.7 Termination Prior To Exr)iration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default of Contractor. If termination is due to the failure of Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contractor for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES: NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Contractor, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Contractor warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 117 \\CLQADMFSI\PUBWRKS\PWDEPT\COUNCIL\2003\June 3, 2003\CC3C Attach.doc Page8V 15 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: James Lindsey 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 To Contractor: CLEAN STREET Attention: Mr. Rick Anderson 1918 West 169t' Street Gardena, California, 90247 (310) 538-5888 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgement or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 118 \\CLQADMFS1 \PUBWRKS\PWDEPT\COUNCIL\2003\June 3, 2003\CC3C Attach.doc Page9 b2 15 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California„ municipal corporation DON ADOLPH, Mayor Dated: ATTEST: JUNE S. GREEK, CMC, City Clerk La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California TAMDEMCOUNCIU2003\030603b Attach.doc Contractor: CLEAN STREET By: Name: Rick Anderson Title: General Manager Page 10 of 15 119 13 Exhibit A Scope of Services 1. Services to be Provided: California Street Maintenance shall furnish all necessary materials, equipment, labor, and incidentals as required to perform street sweeping for the City of La Quinta. The work involved shall include mechanical and/or manual sweeping of all curbed flow -lines, including all cross gutters, streets and paved center median islands. The areas to be swept consist of all designated streets located within the northern portion of the City as illustrated within Attachment 1, which is made a part of this agreement. Each of the streets identified shall be swept a minimum of once per week. 2. Performance Standards Street sweeping shall be performed in accordance with accepted standards for routine and emergency municipal street cleaning. Additional performance standards include: A. When necessary for proper street cleaning, more than one pass will be made on the street without additional charge; B. Additional sweeps requested by the City of La Quinta for unsatisfactory performance shall be responded to immediately; C. The City reserves the right to add additional streets and/or other right-of-way to the street schedule. The contractor shall provide any additional sweeping services at the agreed upon per curb mile cost; D. Contractor shall maintain the sweeping schedule as approved by the City of La Quinta and shall maintain standby equipment to be used in the event of equipment breakdown or an emergency; E. Sweeping in residential areas shall not commence prior to 7 a.m. F. Sweepers shall not be operated faster than 10 mph when sweeping paper, leaves or light trash, 5 mph when sweeping normal accumulation of dirt, sand and gravel, and 3 mph when sweeping heavy accumulation of dirt, sand and gravel. G. Contractor shall make arrangements with the Coachella Valley Water District (CVWD) to obtain and pay for water necessary for street sweeper operations. The City of La Quinta shall review and approve water access locations. H. The City of La Quinta shall be the sole authority for canceling scheduled street sweeping due to inclement weather. When inclement weather prevents adherence to the regular sweeping schedule for two or less days in a given week, the sweeping areas so affected by the inclement weather shall be swept within seven days of the 140 \\CLQADMFSI \PUBWRKS\PWDEPT\COUNCIL\2003\June 3, 2003\CC3C Attach.doc Pagel 11415 scheduled sweeping without interruption of regular sweeping schedule. Contractor shall perform all make up work due to inclement weather without additional charge. I. In the case of prolonged inclement weather, the City, at its discretion, will consider the Contractor's request to eliminate sweep days not completed. If sweep days are eliminated, the Contractor shall credit the City for curb miles not performed. J. Contractor shall not sweep on Saturday, Sunday or City recognized holidays. K. Consultant will submit a list of the type of equipment to be utilized, including the year, make and model of each sweeper proposed for providing these services to the City for approval. At a minimum the Contractor shall provide two (2) primary and one (1) back up sweeper. The two primary sweepers shall be regenerative air vacuum sweepers that comply with South Coast Air Quality Management (AQMD) Rule 1186. L. Contractor shall develop a weekly sweeping schedule for approval by the City of La Quinta. At a minimum, each street shall be swept as soon as possible following the weekly trash collection. M. Contractor shall spray street with water during street sweeping .operations to the extent required to minimize blown dust/dirt in compliance with AQMD - PM 10 requirements. 121 \\CLQADMFS1\PUBWRKS\PWDEPT\COUNCIL\2003\June 3, 2003\CC3C Attach.doc Pagel 2 W 15 Exhibit B Schedule of Compensation Payment shall be provided to the Contractor for services rendered based upon each curb mile swept. Compensation shall be provided at $24.00 per curb mile. Total compensation for all work under this contract shall not exceed Sixty Eight Thousand One Hundred Sixty Six Dollars and No cents ($68,166.00) except as specified in Section 1.6 - Additional Services of the Agreement. The following is a summary of costs to provide the services outlined within Exhibit A of this Agreement for Mechanical Street Sweeping Services. Item Description Unit Est. O.ty Unit Cost Extended Cost Street Sweeping Linear Mile 54.62 $24.00 $1,310.88 per week 12? \\CLQADMFS1 \PUBWRKS\PWDEPT\COUNCIL\2003\June 3, 2003\CC3C Attach.doc Pagel 31d% 15 Exhibit C Schedule of Performance Contractor shall complete all services within Three Hundred Sixty Five (365) days , from July 1, 2003 to June 30, 2004 123 \\CLQADMFS1\PUBWRKS\PWDEPT\COUNCIL\2003\June 3, 2003\CC3C Attach.doc Page14W 15 Exhibit D Special Requirements The City of La Quinta shall provide the Contractor with a disposal site for the refuse collected within the City of La Quinta Corporate Boundary. The City of La Quinta shall be responsible for disposal for this refuse. \\CLQADMFS1\PUBWRKS\PWDEPT\COUNCIL\2003\June 3, 2003\CC3C Attach.doc Pagel 5 W 15 F. ti g• '"" 5 4 14P ti OF AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: June 3, 2003 ITEM TITLE: Approval of a One -Year Contract Extension for Project No. LMC 99-01, Landscape Lighting Maintenance Contract for Fiscal Year 2003/2004 RECOMMENDATION: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a one-year contract extension for Project No. LMC 99-01, Landscape Lighting Maintenance for Fiscal Year 2003/2004, with Bruce Kribbs Construction. FISCAL IMPLICATIONS: The base contract is for biweekly inspections of all City -owned, -maintained, and - operated landscape lights for an amount of $1,452 per month (total amount not to exceed $17,424 per year). Any work required to repair lights due to vandalism or mechanical and electrical breakdown will be paid to the contractor under this contract at $40 per hour. Adequate funds for landscape lighting maintenance have been proposed in the fiscal year 2003/2004 preliminary budget, Account Number 10 1 -454- 603-000, Contract Services. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: During the June 15, 1999 City Council meeting, the City Council awarded. the Landscape Lighting Maintenance contract to Kribbs Construction. The original contract specifications allowed for four one-year extensions, renewable at the beginning of each fiscal year, through Fiscal Year 2003/2004. 12t, S:\CityMgr\STAFF REPORTS ONLY\6-3-03\CC2C.doc During the July 5, 2000 City Council meeting, the City Council approved a one-year contract extension with Kribbs Construction for Landscape Lighting Maintenance. During the July 17, 2001 City Council meeting, the City Council approved a one-year contract extension with Bruce Kribbs Construction for Landscape Lighting Maintenance. During the June 4, 2002 City Council meeting, the City Council approved a one-year contract extension with Bruce Kribbs Construction for Landscape Lighting Maintenance. The budgeted amount proposed in the Fiscal Year 2003/2004 budget of $160,000 includes the biweekly inspection costs for all of the city lighting systems, as identified in the contract, and an estimate of repairs, including a backlog of work identified by the previous year's inspections and projected repair work. Based on Bruce Kribbs Construction's past performance, their familiarity with the required work and staff efforts to save time and money needed to rebid this project, staff recommends approval of a one-year extension. This will be the fourth one-year extension of this contract. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a one-year contract extension for Project LMC 99-01, Landscape Lighting Maintenance for Fiscal Year 2003/2004, with Bruce Kribbs Construction; or 2. Do not approve a one-year contract extension for Project LMC 99-01, Landscape Lighting Maintenance for Fiscal Year 2003/2004, with Bruce Kribbs Construction; or 3. Provide staff with alternative direction. Respectfully submitted, mothy R. Jo assq6jP.E. Public Works Direct r/City Engineer 126 2 S:\CityMgr\STAFF REPORTS ONLY\6-3-03\CC2C.doc Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Agreement 127 S:\CityMgr\STAFF REPORTS ONLY\6-3-03\CC2C.doc ATTACHMENT 1 AGREEMENT THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred to as "City," and BRUCE KRIBBS CONSTRUCTION, herein referred to as, "Contractor." WITNESSETH: In consideration of their mutual covenants, the parties hereto agree as follows: 1. Contractor shall furnish all necessary labor, equipment, transportation and, services for the Landscape Lighting Maintenance Services (LMC 99-01) in the City of La Quinta, California. 2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code, which are, as amended from time to time, incorporated herein by reference. 3. All work shall be done in a manner satisfactory to the City Engineer. 4. Contractor shall inspect the landscape/lighting systems as listed in Exhibit A, made part of this Agreement, on a bi-weekly basis. 5. In consideration of said work, City agrees to pay Contractor $1,452 per month for a total amount not to exceed $17,424 per year. All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the specifications. 6. The Contractor shall identify lighting systems requiring repairs and provide an estimate to the City for approval. The Contractor shall not initiate any repairs until written approval is given by the City Engineer. Upon written approval, the Contractor shall repair the lighting systems at a rate not to exceed $40 per hour. 7. The Contractor shall not knowingly pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit -as a penalty to the City the sum of Twenty -Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770- 1777, Labor Code of California). 8. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in said Specifications or Invitation to Bid, the cost of which shall be paid by Contractor. 9. Contractor agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgements and expenses (including attorney's fees and costs of litigation) which in whole or e• in part are claimed to result from or to arise out of the usage or operation, including the malfunctioning of, or, any injury caused by, any product purchased herein; or any acts, errors 28 Page e 1 A 4 1 or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and damage to property (including, but not without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public). 10. Except as otherwise required, Contractor shall concurrently with the execution of this contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in said Specifications. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured. Contractor shall furnish evidence of having in effect, and shall maintain, Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self- insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 11. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during with such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. 12. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $500.00 liquidated damages for each such breach committed under this contract. 13. Contractor also agrees that for contracts in excess of $30,000 and more than 20 calendar days duration, that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law. 14. This Contract shall not be assignable by Contractor without the written consent of City. 15. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed. 16. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law.1 2 5 Page 2 o§ 4 17. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 18. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 19. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract. 20. The Contractor shall maintain all such records in the City of La Quinta. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 21. The further terms, conditions, and covenants of the Contract are set forth in the Contract Documents, each of which is by this reference made a part hereof. 130 Page 3 ob4 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, "CONTRACTOR" A California municipal corporation BRUCE KRIBBS CONSTRUCTION Dated: r By. DON ADOLPH, Mayor ATTEST: JUNE S. GREEK, CMC, City. Clerk APPROVED AS TO FORM: M. KATHERI'NE JENSON, City Attorney Dated: '�- Z _ 3 By: )PU9 Name: Bruce Kribbs Title: Owner 131 Pane 4 J4 'W'Landwape Ljghdng 131w"My InSPSWOn I dklon AdWM cSnwmwftpwHwy'lllD4ftAv9-) Afib COMM.. SwMorCOW 8aaicPokbig Lot VVaohk*M SN" ONOR NOW Me 0 Fred M log 0 MAW) Me" MM Am e~ MOOM (Cafe TWOM 00 V'S"W—M -**Wo - — cIft -Swice cmw mom Oveart Cub Dr. ID Cab TSMPW)-- Csft TWWW Conler Madwt(WBW*VWnSL IDSMOMW DO MOM& MOM HMO Depot McnwmtEwwdHwlll MW Jsftrsm SO Vans Mwaxnam (0- %J" Aftc*&lthe CWr,WW(GftUWFJM8 " 10 " Chft ONdO oftkW Bid Mm Acedis Honee PerlmNer. IwAllme Avenue Acedo Mo -W I ON. AdmomParr A.. W Medan. Ls Wft Slone OMM lo Pa* Avow Avenue 54 M*dM illi l %rued to 111111clim SkId Cgftn Fkww Pwdnelet. Food Vftb Ddv* cod" 1-4wwe Pwimefrt. 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Avamo.W 10 La Qt*o Sova Char" mom Washirgbn S&W M*Mwk A"" 48 to H". _11_1 j! fw. 13# W w AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: .June 3, 2003 BUSINESS SESSION: ITEM TITLE: Approval of an Award of Contract for g Project No. 2003-10, Fiscal Year 2002/2003, Citywide CONSENT CALENDAR: Re -striping Program STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Award a contract for the Fiscal Year 2002/2003 Citywide Re -striping Program, Project No. 2003-10, to Sudhakar Company International, of Rialto, California, for the bid price of $74,546.02. FISCAL IMPLICATIONS: There are adequate funds available ($200,000.00) in Account No. 101-453-609-000 (Contract Services) to support this recommendation. CHARTER CITY IMPLICATIONS: This project is funded by the General Fund. Therefore, under the Charter City status, the City is not required to pay prevailing wage rates. BACKGROUND AND OVERVIEW: On April 15, 2003, the City Council authorized staff to advertise for and receive bids on May 9, 2003 for the 2002/2003 Restriping Program, Project No. 2003-10. As part of the City's Pavement Management Program, repainting of existing street striping and pavement markings on Arterial and Collector streets is performed once annually. The Fiscal Year 2002/2003 Re -striping Program, Project No. 2003-10, will repaint existing pavement markings and traffic striping citywide. 133 \\CLQADMFS1\SHARED\CityMgr\STAFF REPORTS ONLY\6-3-03\CC1C.doc The annual re -striping is needed to properly delineate lanes, crosswalks, and pavement markings throughout the City. Washington Street from Avenue 50, north to Channel Drive and Avenue 50 from Park Avenue, east to Jefferson Street are not included in this project. These areas were re - striped recently as part of another street improvement project. On May 9, 2003, four bids were received and opened for the project. Sudhakar Company of Rialto, California, was the low bidder. Staff has reviewed the qualifications of the low bidder and determined the low bidder is qualified to complete the project. The low bid of $74,546.02 is 22% below the Engineer's Estimate of $95,808. Based upon an award date of June 3, 2003, the following is the tentative schedule for this project. Award of Contract Notice to Proceed Construction Period Project Acceptance FINDINGS AND ALTERNATIVES: June 3, 2003 June 16, 2003 June 17, 2003 — July 16, 2003 August 5, 2003 The alternatives available to the City Council include: 1. Award a Contract for the Fiscal Year 2002/2003 Citywide Re -striping Program, Project No. 2003-10, to Sudhakar Company International, of Rialto, California, for the bid price of $74,546.02; or 2. Do not award a Contract for the Fiscal Year 2002/2003 Citywide Re -striping Program, Project No. 2003-10, to Sudhakar Company International, of Rialto, California, for the bid price of $74,546.02; or 3. Provide staff with alternative direction. Respectfully submitted, C)imothy R. J nas ,P.E. ublic Works Direc or/City Engineer 2 .134 \\CLQADMFSI\SHARED\CityMgr\STAFF REPORTS ONLY\6-3-03\CC1C.doc Approved for submission by: Thomas P. Genovese, City Manager 135 \\CLO.ADMFS1\SHARED\CityMgr\STAFF REPORTS ONLY\6-3-03\CC1C.doc 4 OFF COUNCIL/RDA MEETING DATE: .tune 3, 2003 AGENDA CATEGORY: ITEM TITLE: Approval to Submit to the California State : BUSINESS SESSION: Q Assembly a Letter in Support of AB 1495 (Chavez) - CONSENT CALENDAR:, 7 Amendment to California Penal Code Section 3003 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Submit a letter (Attachment 1) to the California State Assembly in support of AB 1495 (Chavez) - Amendment to California Penal Code Section 3003. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City of La Quinta received written correspondence on May 1, 2003 from the City of West Covina, requesting support of AB 1495. The letter was considered by the City Council on May 201h as written correspondence. The City Council requested that the item come back for review with additional information regarding AB 1495. AB1495 (Chavez) would amend California Penal Code Section 3003. The bill was introduced in the Assembly on February 21, 2003. It was subsequently amended, passed out of the Assembly and referred to the Senate on May 8, 2003. It is currently pending in the California Senate. AB 1495 makes two changes to current law. First, current law provides that an inmate released on parole shall not be returned within 35 miles of the residence of a victim of, or witness to, specified violent felonies, including certain felonies listed in Penal Code Section 667.5 (murder, rape, sexual assault, robbery, kidnapping and sexual predation of minors) if the victim or witness requests such a limitation and such request is approved by the Board of Prison Terms or State Department of Corrections. 136 This bill would amend Penal Code Section 3003(f) to extend the 35-mile exclusion to 50 miles. The victim or witness would still have to make a request and the Board of Terms or Department of Corrections would still have to approve the request. Second, current law provides that an inmate released on parole for violation of Sections 288 (commission of certain sexual predation crimes against minors) and Section 288.5 (repeated commission of certain sexual crimes against minors) shall not be placed or reside during his/her parole within one quarter mile of a school, grades K- 6. AB 1495 would amend Penal Code Section 3003(g) to specify that this exclusion extends to public and private schools and would apply to grades K-8. The League of California Cities is in support of the bill. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Submit a Fetter to the California State Assembly in support of AB 1495; or 2. Do not submit a letter to the California State Assembly in support of AB 1495; or 3. Provide staff with alternative direction. Respectfully submitted, M. Katherine Jenson, City Attorney Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Letter of Support 137 2 i Are .y P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 June 3, 2003 Assembly Member Ed Chavez State Capitol, Room 5150 Sacramento, CA 95814 Y RE: AB 1495 (Chavez). Sex offenders. Hearing Date: May 5, 2003, Assembly Public Safety Committee Notice of Support Dear Assembly Member Chavez: (760) 777-7000 FAX (760) 777-7101 On behalf of the City of La Quinta, I am writing to express our support of AB 1495, which prohibits an inmate released on parole for child molestation or continuous sexual abuse of a child, from being placed or residing, for the duration of parole, within one - quarter mile of a public or private school including, any or all of Kindergarten and Grades 1-8. The crime of child molestation involves lewd and lascivious acts upon a child under the age of 14. Current law provides protection from these predators for elementary school children, but not for middle -school children. AB 1495 expands the existing prohibition from Kindergarten and Grades 1-6 to Kindergarten and Grades 1-8. AB 1495 also clarifies that any school includes any public or private school. For these reasons, the City of La Quinta supports AB 1495. If you have any questions regarding the City of La Quinta's position on this bill, please contact me at 760/777- 7100. Sincerely, Thomas P. Genovese, City Manager cc: Mayor Steve Herfert, City of West Covina 138 WRITTEN CORRESPONDENCE ITEM: clk t/ b May 1, 2003 The Honorable Don Adolph Mayor City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Re: AB 1495 (Chavez) — Amendment to Megan's Law Dear Mayor: I write this letter to urge your city's support for AB 1495, a bill currently pending in the State Assembly that the City of West Covina has authored and introduced with the assistance of Assemblyman Ed Chavez. Our city's action on AB 1495 arose out of the recent experience with a convicted serious sex offender who was paroled into our city by State officials with very little prior contact and no public input. This serious sex offender was released into a neighborhood full of children was an outrage to our residents, and a violation of laws governing the parole of sex offenders. AB 1495 is a first step in minimizing the potential threat to children and families by strengthening the provisions of Megan's Law. Specifically, the `safety -zone' in which convicted sex offenders are prohibited. from working or residing would be expanded to include middle schools as well as elementary schools. In addition, distance restrictions on where sex offenders may work and reside are extended in order to better protect victims and their families. These amendments to Megan's Law will hopefully mark the beginning of future legal protections to guard our children and families from convicted sex offenders. We hope that AB 1495 will prevent other communities from experiencing what our city went through. Please forward your letters of support to: Assemblyman Ed Chavez State Capitol P.O. Box 942849 Sacramento, CA 94249-0057 Mayor Steve Herfert and City of West Covina 1444 West Garvey Avenue West Covina, CA 91790 1,19 4 Please feel free to contact the West Covina City Attorney Arnold Alvarez-Glasman or Matt Gorman with the Law Finn of Alvarez-Glasman & Colvin for further information. They can be reached at (626) 858-9121. Your support for AB 1495 is greatly appreciated. Sincerely, Steve Herfert Mayor 140 COUNCIL/RDA MEETING DATE: June 3, 2003 ITEM TITLE: Approval of a Resolution to Reaffirm the City's Adoption of the Annual Assessment for CSA 152, Authorize Riverside County to Continue to Levy Assessments, and Indemnify and Hold the County Harmless for Levying Assessments on City Parcels Under CSA 152 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 1e STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council authorizing Riverside County to levy assessments for the Fiscal Year 2003/2004 under CSA 152. FISCAL IMPLICATIONS: The adoption of this Resolution will authorize Riverside County to continue assessing CSA 152 assessments in the amount of nine dollars and ninety-nine cents ($9.99) per parcel within the City of La Quinta. The estimated revenue for Fiscal Year 2003/2004 is approximately $150,000. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In December 1991, the County of Riverside initiated the use of County Service Area (CSA) 152 to provide funding for local jurisdictions for flood control and storm drain maintenance. On May 20, 1997, the City of La Quinta passed Resolution No. 97-39 approving the Benefit Assessment Unit (BAU) rate for the Fiscal Year 1997/98 CSA 152 Assessment. Resolution No. 97-39 states that the City shall agree to indemnify, defend, and hold the County and members of its Board, Officers, Employees, and Agents harmless from any and all claims, demands, and causes for the collection of assessments under CSA 152. 141 S:\CityMgr\STAFF REPORTS ONLY\CC13C.doc Each year the County of Riverside collects the $9.99 assessment per parcel under CSA 152 to fund the City's program for the National Pollutant Discharge Elimination System (NPDES) Permit. The services funded by CSA 152 include, but are not limited to, flood control and storm drain maintenance, detention basin maintenance, and street sweeping. The City utilizes revenue from CSA 152 for street sweeping and storm drain maintenance and operation, assessments which are exempt under the provisions of Proposition 218. The County of Riverside requires a City Council Resolution stating that the City's program will continue and that the parcel charge will remain unchanged for Fiscal Year 2003/2004. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council authorizing Riverside County to levy assessments for the Fiscal Year 2003/2004 under CSA 152; or 2. Do not adopt a Resolution of the City Council and fund the street sweeping, flood control facility/drainage facility maintenance and operations, and the NPDES Program from the General Fund (this will result in an expenditure of approximately $150,000 annually from the General Fund); or 3. Provide staff with alternative direction. Respectfully submitted, JimeoMthy R. Zdnass6V, P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager 142 S:\CityMgr\STAFF REPORTS ONLY\CC13C.doc 2 RESOLUTION NO. 2003-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, MAKING FINDINGS AND RECONFIRMING THE ESTABLISHMENT AND SETTING OF RATES FOR THE COUNTY, SERVICE AREA 152 TO FUND THE CITY'S STREET SWEEPING PROGRAM AND OPERATE AND MAINTAIN THE CITY'S DRAINAGE AND FLOOD CONTROL SYSTEMS WHEREAS, the Riverside County Service Area 152 (CSA 152) was created under the Benefit Assessment Act of 1982 (Government Code Section 54702, et seq.), which authorized local agencies to impose benefit assessments to finance the maintenance and operation costs of flood control and drainage systems, based on the proportionate storm water runoff from each parcel; and WHEREAS, under the federally -mandated but unfunded National Pollutant Discharge Elimination System (NPDES) Program, the City is required to have a valid permit from the Regional Water Quality Control Board to discharge water runoff from properties within the boundaries 'of the City; and WHEREAS, street sweeping is a pro -active method of insuring pro- active maintenance from street runoff into the flood control and drainage systems of the City; and WHEREAS, the City is a co-permittee of Permit No. CSA-617002 with the County of Riverside and the incorporated cities therein; and WHEREAS, the City, by its Resolution No. 97-39, adopted on May 20, 1997, authorized Riverside County to levy and establish a Benefit Assessment Unit (BAU) rate for the 1997/98 Fiscal Year CSA 152 assessments; and WHEREAS, the City by its Resolution No. 97-39, adopted on May 20, 1997, agreed to indemnify and hold the County harmless for levying Assessments on the City parcels under CSA 152; and WHEREAS, the City uses revenues from CSA 152 assessments solely for the purpose of maintaining and operating the City's flood control and 143 K, Resolution No. 2003- CSA 152 Adopted: June 3, 2003 Page 2 drainage system to comply with the NPDES Permit and to provide street sweeping within the City of La Quinta; and WHEREAS, Proposition 218, adopted by voters on November 6, 1996, established new procedures and approval requirements for all existing assessments, unless the assessment is exempt from the new requirements; and WHEREAS, certain assessments that existed on November 6, 1996, are specifically exempt from the Proposition 218 procedures and approval requirements, including assessments imposed exclusively to finance the capital costs and maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The foregoing recitals are true and correct and the City Council so finds and determines. Section 2. The City Council finds and declares that the City's CSA 152 charges are assessments within the definition of California Constitution Article XIIID, Section 2(b), in that they confer special benefits upon each parcel of property subject to the assessments. Section 3. The City Council finds and declares that pursuant to Article MID, Section 5 (a), the City's CSA 152 assessments are exempt from the new procedures and approval requirements of Article XIIID, Section 4, because the City's CSA 152 assessments existed before November 6, 1996, and the assessments are imposed exclusively to finance the capital costs and maintenance and operation expenses for street sweeping, flood control, and drainage systems in the City. Section 4. The City Council hereby reaffirms its adoption of the annual assessment for CSA 152 and hereby determines that the annual assessment rate for Fiscal Year 2003/2004 for CSA 152 is to be set at nine dollars and ninety-nine cents ($9.99) per benefit assessment unit. The method of computation has not been changed nor has the rate of assessment been increased since August 6, 1996. Resolution No. 2003- CSA 152 Adopted: June 3, 2003 Page 3 Section 5. The City Council hereby authorizes the County of Riverside to levy assessments under CSA 152 for the benefit of the City. The City agrees that it shall indemnify, defend and hold County and members of its Board, its officers, employees and agents harmless from (1) any and all claims, demands, and causes of action of any kind or nature whatsoever and (2) any and all liability of any kind or nature whatsoever that may arise out of or be caused by, or be attributable to the imposition, collection, or allocation of any tax (special or general), assessment fees or charges, and/or any other revenue generated through City's application of reliance on or use of County Service Area 152. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of June, 2003, by the following vote to wit: AYES:Council Members NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) 145 Resolution No. 2003- CSA 152 Adopted: June 3, 2003 Page 4 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 140 4 4v �Guls�1a COUNCIURDA MEETING DATE: ITEM TITLE: Consideration of the Whitewater River Municipal Stormwater Permit Implementation Agreement with Riverside County Flood Control and Water Conservation District RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: / CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to execute the Whitewater River Municipal Stormwater Permit Implementation Agreement with Riverside County Flood Control and Water Conservation District ("RCFC&WCD"). FISCAL IMPLICATIONS: Staff currently estimates the CityyIs cost sharing responsibilities identified in the proposed agreement will be $7,000. Staff has budgeted this amount in the proposed FY 2003-04 Operating Budget. Additionally, the City will incur direct costs associated with implementing the agreement, which will either be in the form of consulting fees or staff time. In the future, increased staffing may be necessary for the ongoing duties associated with the Stormwater Permit. Consulting fees, up to $ 10,000, incurred in the forthcoming fiscal year will be charged to the Professional Services budget unless an alternative funding source is identified by City Council. CHARTER CITY IMPLICATIONS: None at this time. BACKGROUND AND OVERVIEW: In 1987, Congress enacted additional legislation that increased the scope of the Federal Clean Water Act. The new legislation established the National Pollutant Discharge Elimination System (NPDES). Congress charged the Environmental Protection Agency with the responsibility of promulgating regulations to implement the NPDES. 147 S:\CityMgr\STAFF REPORTS ONLY\BS4C.doc The essence of the NPDES is the improvement of water quality by regulating drainage that flows into navigable waters. The NPDES regulations focus on the methods and activities employed by municipalities, industrial and construction entities to improve the quality of water leaving their sites or jurisdictions. The Environmental Protection Agency administers its national responsibility by delegating its authority to appropriate agencies within each state. In California, that authority is vested in the California State Water Resources Control Board (SWRCB), which in turn delegates its NPDES permitting authority to the regional water quality boards located throughout the state. The regional boards administer their responsibility by requiring municipalities to obtain Storm Water Discharge Permits. The municipal agencies in the Whitewater River watershed have allied together to administer and conduct their duties and responsibilities under a single Storm Water Discharge Permit as Co-Permittees. Pursuant to that alliance, staff members of the municipalities in the Coachella Valley and the two flood control agencies in Riverside County have prepared an Implementation Agreement that establishes and details responsibilities of the Co-Permittees. Responsibilities of La auinta 1. Share in the cost of the activities required by the Storm Water Permit that are conducted by: 1) the Riverside County Flood Control & Water Conservation District, and 2) the Coachella Valley Water District. These activities are: • Public Education Program - education activities that focus on reducing non -point source pollution • Monitoring Program - perform sampling of surface water and urban runoff • Consultant Services - prepare manuals, develop programs and perform relevant studies 2. Enforce regulations and local ordinances to ensure compliance with the NPDES permit. La Quinta's local ordinance entitled "Stormwater Management and Discharge Controls" regarding NPDES regulations is contained in the La Quinta Municipal Code as Chapter 8.70. 3. Inspect local storm water conveyance systems and keep records of the inspection results. 4. Maintain sufficient and adequate records of local program development and implementation to enable RCFC&WCD to make required reports in a timely manner, if requested. 5. Implement the applicable Best Management Practices required by the NPDES permit. S:\CityMgr\STAFF REPORTS ONLY\BS4C.doc 2 1.18 Responsibilities of Other Co-Permittees 1. All cities that are Co-Permittees of the NPDES Permit have identical responsibilities to those detailed for La Quinta. 2. The RCFC&WCD has responsibility for the public education program, along with program development and the performance of relevant studies. La Quinta will share in these costs. 3. CVWD has the monitoring responsibility, the cost for which La Quinta will also share. Staffing and Funding Needs Since the early 1990's, the City's local NPDES program has been implemented by dedicating a portion of existing staff time to perform the required tasks. The original NPDES permit had less rigorous permit requirements than the second permit which goes into effect on July 1, 2003. The second permit requirements will therefor require additional staff time to implement. The additional staff time required to fulfill the NPDES duties diminishes the availability of existing staff to handle existing ongoing services and regulatory procedures associated with public and private project development. RCFC&WCD acknowledges without specifics in the Implementation Agreement that it may have to retain consultants to augment staff to assist in developing the regulation program and to fulfill some of its obligatory duties. Likewise, the City may have to commit additional manpower resources to fulfill its elevated regulatory duty. The extent of the additional manpower need has not been quantified at this time. In addition to evaluating the staffing needs to administer program activities required by the NPDES Permit, staff will also investigate means for establishing a revenue stream to fund the program activities. For the near term, however, the proposed operating budget for FY 2003-04 has sufficient funding in place to fund the cost sharing activities performed by the flood control entities that are signatory to the Implementation Agreement. S:\CityMgr\STAFF REPORTS ONLY\BS4C.doc 3 149 FINDINGS AND ALTERNATIVES:. The Whitewater River Municipal Stormwater Permit Implementation Agreement with Riverside County Flood Control and Water Conservation District is a partial means for fulfilling the mandates imposed on the City by the NPDES Stormwater Discharge Permit issued by the California Regional Water Quality Control Board — Colorado River Basin Region, Order No. 01-077. The balance of the required Stormwater Permit activities must be fulfilled by City staff or consultants retained by the City. The Implementation Agreement is a joint agreement among cities with jurisdictional boundaries located in the Whitewater River watershed, and the two flood control agencies serving Riverside County, that implements the Stormwater Discharge Permit to which all cities in the watershed are named co-permittees. The alternatives available to the City Council include: 1. Authorize the City Manager to execute the Whitewater River Municipal Storm water Permit Implementation Agreement with Riverside County Flood Control and Water Conservation District; or 2. Do not authorize the City Manager to execute the Whitewater River Municipal Stormwater Permit Implementation Agreement with Riverside County Flood Control and Water Conservation District and direct staff to develop alternative means to meet the requirements of the NPDES Stormwater Discharge Permit; or 3. Provide staff with alternative direction. Respectfully submitted, Cimothy R. nast ,P. E. PublicWorks Direor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager S:\CityMgr\STAFF REPORTS ONLY\BS4C.doc 4 150 Attachments: 1. NPDES Stormwater Discharge Permit Implementation Agreement S:\CityMgr\STAFF REPORTS ONLY\BS4C.doc 5 151 ATTACHMENT 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT National Pollutant Discharge Elimination System 0 Stormwater Discharge Permit Implementation Agreement (California Regional Water Quality Control Board - Colorado River Basin Region) This Agreement, entered into by the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (RCFC&WCD), the COUNTY OF RIVERSIDE (COUNTY), the COACHELLA VALLEY WATER DISTRICT (CVWD), and the CITIES OF BANNING, CATHEDRAL CITY, COACHELLA, DESERT HOT SPRINGS, INDIAN WELLS, INDIO, LA QUINTA, PALM DESERT, PALM SPRINGS and RANCHO MIRAGE (CITIES), establishes the responsibilities of each party concerning compliance with the National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit (NPDES Permit) issued by the California Regional Water Quality Control Board - Colorado River Basin Region (CRWQCB- CRB) pursuant to Order No. 01-077. RECITALS A. WHEREAS, Congress in 1987 added Section 402(p) to the Federal Clean Water Act (CWA) (33 U.S.C.§ 1342(p)); and, B. WHEREAS, Section 402(p) of the CWA requires certain municipalities, industrial facilities and persons conducting certain construction activities to obtain NPDES Permits before discharging storm water into navigable waters; and, C. WHEREAS, Section 402(p) further requires the Federal Environmental Protection Agency (EPA) to promulgate regulations for NPDES Permit applications; and, D. WHEREAS, EPA promulgated such regulations and adopted them in November 1990; and, E. WHEREAS, pursuant to the CWA, EPA has delegated authority to the California State Water Resources Control Board (SWRCB) to administer the NPDES Permit process within the State; and, F. WHEREAS, S WRCB has in turn delegated its NPDES permitting authority to -1- 6 152 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the California Regional Water Quality Control Boards to administer the NPDES Permit process within the boundaries of their respective regions; and, G. WHEREAS, RCFC&WCD and CVWD are authorized to provide for the control Iof flood and storm waters within their respective jurisdictions and are empowered to investigate, examine, measure, analyze, study and inspect matters pertaining to flood and storm waters; and, H. WHEREAS, on November 20, 2000, CFC&WCD, COUNTY, CVWD and CITIES reapplied for an area -wide NPDES Permit; and, I. WHEREAS, the NPDES Permit reapplication was submitted in accordance with the previous NPDES Permit (Order No. 96-015, NPDES No. CAS617002) which expired on May 22, 2001; and, J. WHEREAS, CRWQCB-CRB reissued a new NPDES Permit to RCFC&WCD, COUNTY, CVWD and CITIES on September 5, 2001 pursuant to Section 402(p) of the CWA; and, K. WHEREAS, the NPDES Permit designates RCFC&WCD and COUNTY as Principal Permittees and RCFC&WCD, COUNTY, CVWD and CITIES as Permittees; and, _. L. WHEREAS, RCFC&WCD, COUNTY, CVWD and CITIES are to perform and/or execute certain activities and responsibilities prescribed in the NPDES Permit; and, M. WHEREAS, RCFC&WCD and COUNTY, as Principal Permittees, are willing to undertake certain activities in order to facilitate implementation of the NPDES Permit requirements; and, N. WHEREAS, cooperation between RCFC&WCD, COUNTY, CVWD and CITIES in the administration and implementation of the NPDES Permit and resulting programs and actions is in the best interest of all parties. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. NPDES Permit. A true and correct copy of the NPDES Permit issued to RCFC&WCD, COUNTY, CVWD and CITIES by CRWQCB-CRB pursuant to Order No. 01-077 is attached to .this Agreement as Exhibit A and is hereby incorporated by reference in its entirety and made a part of this Agreement. -2- 153 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Incorporation of Federal and State Laws. All applicable Federal and State laws and regulations in effect at the time of issuance of the NPDES Permit, as then written, and as they may be amended during the term of this Agreement, shall govern in the event they conflict with any provision of this Agreement. 3. Delegation of Responsibilities. The responsibilities of each of the parties shall be as follows: A. Public Education Program. RCFC&WCD shall conduct public education activities on a regional basis that focus on reducing non -point source pollution within the NPDES Permit area. RCFC&WCD shall be reimbursed for its costs by COUNTY, CVWD and the Cities of Cathedral City, Coachella, Indian Wells, Indio, La Quinta, Palm Desert, and Rancho Mirage in accordance with the cost sharing provisions set forth in Section 4. of this Agreement. B. Monitoring Program. RCFC&WCD and CVWD shall perform sampling of surface water and urban runoff in accordance with the provisions of the NPDES Permit Monitoring And Reporting Program. The location of the sampling sites (Sites) shall be determined by RCFC&WCD and CVWD, subject to approval by CRWQCB-CRB. More specifically: 1. RCFC&WCD shall perform such sampling for all Sites located within the limits of its jurisdiction at no expense to COUNTY, CVWD or CITIES. 2. CVWD shall perform such sampling for all Sites located within the limits of its jurisdiction. COUNTY and the Cities of Cathedral City, Coachella, Indian Wells, Indio, La Quinta, Palm Desert and Rancho Mirage shall -reimburse CVWD for all of its costs associated with sample collection and laboratory analysis in accordance with the cost sharing provisions set forth in Section 4. of this Agreement. -3- 15� 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. Consultant's Services. In the event RCFC&WCD requires the services of a consultant or consultants to prepare manuals, develop programs or perform studies relevant to the entire permitted area, the cost of said consultant services shall be shared by RCFC&WCD, COUNTY, CVWD and CITIES in accordance with the cost sharing provisions set forth in Section 4. of this Agreement. COUNTY, CVWD and CITIES shall be notified in writing of RCFC&WCD's request for proposals from consultants, selection of a consultant, consultant's fee, contract timetable and payment schedule, and be allowed the opportunity to participate in decisions related to consultant's services. D. Regulation and Enforcement. COUNTY and CITIES shall be responsible for the regulation and enforcement of local ordinances and regulations within their respective jurisdictions to ensure compliance with the NPDES Permit. This includes the exercise of land use controls, the exercise of police powers and the enforcement of ordinances that COUNTY or CITIES presently have adopted or will adopt in the future. E. Inspection of Storm Water Systems (Pipe and Channels). RCFC&WCD, COUNTY, CVWD and CITIES shall perform reconnaissance surveys of their municipal storm drain systems as required by the NPDES Permit. Any wet weather or dry weather sampling or field screening for the reconnaissance surveys shall be the responsibility of the COUNTY or CITIES, depending on where the discharge originates. Each Permittee shall be responsible for keeping any records, tables or other data that are needed to support the reporting of the survey results to CRWQCB-CRB. F. Submittals to CRWQCB-CRB. RCFC&WCD shall coordinate and submit all required reports and information to CRWQCB-CRB. COUNTY, CVWD and CITIES shall keep sufficiently adequate records, information -4 9 155 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and/or data concerning their program development and implementation activities to enable RCFC&WCD to make all required reports and submittals in a timely manner. COUNTY, CVWD and CITIES shall produce or supply such records, information and/or data on request of CRWQCB-CRB or RCFC&WCD. RCFC&WCD shall also keep adequate records, information and/or data concerning its program development and implementation activities and produce or supply same on request of CRWQCB-CRB. G. Best Management Practices (BMPs) and Programs. Unless otherwise specified in this Agreement, RCFC&WCD, COUNTY, CVWD and CITIES shall be responsible for implementing each of the BMPs and/or other programs and activities required by the NPDES Permit in accordance with their authority. 4. Cost sharing. Costs for services to be performed in accordance with Sections 3.A.3 3.B. and 3.C. of this Agreement shall be shared by the parties described in Sections 3.A., 3.B. and 3.C. in accordance with the following formula: IC = (TC-RCFC&WCD-CVWD) x (IP/TP) of the item. I item. Where, IC = Individual Cost TC = Total Cost RCFC&WCD = RCFC&WCD Cost -Shared Amount CVWD = CVWD Cost -Shared Amount IP = Individual Population TP = Total Population If RCFC&WCD is sharing in the cost of an item, its cost shall be 7% of the total cost If CVWD is sharing in the cost of an item, its cost shall be 7% of the total cost of the The population of CITIES shall be based on the latest California State Department of -5- 156 10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21' 22 23 24 25 26 27 28 Finance population figures issued in May of each year. COUNTY population shall be based on the most current Tax Rate Area (TRA) information best fitting the NPDES Permit area, except with respect to Sections 3.A. (Public Education Program), 3.13.2. (Monitoring Program) and 3.C. (Consultant's Services), of this Agreement where COUNTY population shall be based on the most current TRA information best fitting that portion of the NPDES Permit area lying outside RCFC&WCD boundaries. 5. Term of the Agreement. The term of this Agreement shall commence on the date the last duly authorized representative of RCFC&WCD, COUNTY, CVWD or CITIES executes it. The Agreement shall remain in effect until the date that the CRWQCB-CRB issues a new.NPDES Permit, unless each of the parties withdraws sooner in accordance with the provisions of this Agreement. 6. Additional Parties. Any public agency (Agency) which incorporates after the date of issuance of the NPDES Permit and/or after the date of execution of this Agreement may file M a written request with Principal Permittees asking to be added as a party. Upon receipt of such a request, Principal Permittees shall solicit the approval or denial of each Permittee. If a majority of the Permittees, each having one, co -equal vote, approves the addition of the Agency, the Principal Permittees shall ask CRWQCB-CRB to add the Agency to the NPDES Permit as an additional Permittee. Once the Agency is made an additional Permittee to the NPDES Permit, this Agreement shall be amended to reflect the addition, and the Agency shall, thereafter, comply with all provisions of the NPDES Permit and this Agreement. Upon execution of the amended Agreement, the Agency shall be responsible for the shared costs discussed in Section 4. of this Agreement for the current and any subsequent fiscal year. 7. Withdrawal from the Agreement. Any party may withdraw from this Agreement 60 days after giving written notice to the Principal Permittees and CRWQCB-CRB. The withdrawing party shall agree in such notice to file for a separate NPDES Permit and to comply with all of the requirements established by CRWQCB-CRB. Withdrawal from the Agreement shall constitute forfeiture by the withdrawing party of its share of any costs paid as described in Section 20 157 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. of this Agreement and is conditioned on the payment of all costs accrued in accordance with Section 4. The withdrawing party shall be responsible for all lawfully assessed penalties as a consequence of its withdrawal. The cost allocations to the remaining parties shall be recalculated in the following fiscal year. 8. Non-compliance with Permit Requirements. Any party found to be in non- compliance with the conditions of the NPDES Permit shall be solely liable for any lawfully assessed penalties caused by such non-compliance. Common or joint penalties shall be calculated and allocated between the parties according to the formula outlined in Section 4. of this Agreement. 9. Amendments to the Agreement. Except as provided in Section 6., this Agreement may be amended only by consent of all parties to the Agreement. No amendment to this Agreement shall be effective unless it is in writing and duly signed by the authorized representatives of all parties to the Agreement. 10. Authorized Signatories. The General Manager -Chief Engineer of RCFC&WCD, General Manager -Chief Engineer of CVWD, the Executive Officer of COUNTY and the City Managers of CITIES (or their designees) are authorized to execute this Agreement and all amendments hereto, to take all other procedural steps necessary to carry out the terms of this Agreement and to file for and obtain an NPDES Permit(s) or amendments thereto. 11. ' Notices. All notices shall be deemed duly given when delivered by hand; or three (3) days after deposit in the U.S. Mail, postage prepaid. 12. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired hereby. 13. Consent to Waiver and Breach. No provision hereof shall be deemed waived and no breach excused, unless the waiver or breach is consented to in writing and signed by the party or parties affected. Consent by any party to a waiver or breach by any other party shall not constitute I consent to any different or subsequent waiver or breach. -7- 158 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. Applicability of Prior Agreements. This Agreement and the exhibits attached hereto constitute the entire Agreement between the parties with respect to the subject matter; all prior agreements, representations, statements, negotiations and undertakings concerning the NPDES Permit within the limits of CRWQCB-CRB's jurisdictional area are superseded hereby. 15. Execution in Counterparts. This Agreement may be executed and delivered in any number of counterparts or copies (counterparts) by the parties hereto. When each parry has signed and delivered at least one counterpart to the other parties hereto, each counterpart shall be deemed an original and, taken together, shall constitute one and the same Agreement, which shall be binding and effective as to the parties hereto. H -8- 1,9 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date the last duly authorized representative executed it. This Agreement will only become effective when fully executed by each of the parties hereto. RECOMMENDED FOR APPROVAL: By WARREN D. WILLIAMS General Manager -Chief Engineer Dated: APPROVED AS TO FORM: WILLIAM C. KATZENSTEIN County Counsel By -A --LLI - Deputy Dated: o 1 1 sn 03 RECOMMENDED FOR APPROVAL: By r LARRY PARRISH County Executive Officer Dated: TT:pin pc\71850 12/17 02 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By JAMES A. VENABLE, Chairman Board of Supervisors, Riverside County Flood Control and Water Conservation District ATTEST: GERALD A. MALONEY Clerk of the Board By Deputy (SEAL) COUNTY OF RIVERSIDE By ROBERT A. BUSTER, Chairman Board of Supervisors, County of Riverside ATTEST: GERALD A. MALONEY Clerk of the Board By Deputy (SEAL) 160 1a 14 AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: June 3, 2003 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Consideration of Colors for the "Walk Through Rainbow" Art Piece RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: The cost to have the "Walk Through Rainbow" art piece painted is $1,200. On July 17, 2001, the City Council allocated up to $9,500 from the Art in Public Places fund to have the art piece moved and placed at Fritz Burns Park and to have it painted. The art piece has been placed at Fritz Burns Park and there is a remaining balance of $32.00 for painting of the art piece. An additional allocation of $1,200 from the Art in Public Places account is needed in order to have the art piece painted. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On June 19, 2001, the City Council accepted the donation of the "Walk Through Rainbow" art piece from artist Aedwyn Darroll. On July 17, 2001, the City Council approved the location at Fritz Burns Park for the art piece. At that time, an allocation of up to $9,500 from th Art in Public Places fund for the placement of the art piece was approved. Since that time, the art piece has been set upon concrete footings at Fritz Burns Park. The cost associated with the structural engineering of the footings was higher than the estimated cost at the July 17, 2001 meeting. Currently there is $32 remaining in the budget for the repainting of the art piece. Therefore an additional allocation of $1,200 from the Art in Public PI ces fund is needed in order to repaint the art piece. 161 S:\Community Services\CCReports\gC.262.Darroll Art Piece Painting..doc At the July 17, 2001 City Council meeting, the City Council requested the art piece be painted in colors representing the City logo colors, as provided in Attachment 1. Attachment 2 is an example of the colors that represent the City's logo. Those colors are in the pastel range. The current colors of the art piece are in the primary range of colors. An option the City Council may wish to consider is to have the art piece painted in graduated hues of blue. Attachment 3 provides an example of the blue hues that could be used. This color scheme would be consistent with the blue colors found at Fritz Burns Park. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the color scheme for the "Walk Through Rainbow" art piece and allocate $1,200 from the Art in Public Places fund for repainting of the art piece; or 2. Do not approve a color scheme for the "Walk Through Rainbow" art piece; or 3. Provide staff with alternative direction. Respeptfully sul*nitted, Dodie Horvitz, Com unity Services Director Approved for submission by: !Thomas P. Genovese, City Manager Attachments: 1 Minutes from the July 17, 2001 City Council Meeting 2. Color Samples of the City Logo 3. Color Samples in Hues of Blue 16� 2 S:\Community Services\CCReports\CC.262.Darroll Art Piece Painting..doc ATTACHMENT 1 . 5 July 17, 2001 City Council Minutes 2. CONSIDERATION OF COMMUNITY SERVICES GRANT PROCESS. Community Services Director Horvitz presented the staff report. MOTION - it was moved by Council Members Sniff/Adolph to approve changes to the Community Services Grant funding criteria. In response to Council Member Henderson, Ms. Horvitz confirmed Council had requested this item be brought back for consideration and that there are no changes to the program. Motion carried unanimously. MINUTE ORDER NO. 2001-106. 3. CONSIDERATION OF PLACEMENT OF REIMAN ART PIECE. Community Services Director Horvitz presented the staff report. After a brief discussion, Council concurred to locate the Reiman art piece on the east side of the south entrance to City Hall. Ip n response to Mayor Pena, Ms. Horvitz confirmed the art piece will be placed south at an angle to compliment the art piece located on the west side of the sou entrance. MOTION It wa s moved by Council Members Sniff/Adolph to direct staff to locate the Reiman art piece on the east side of the south entrance to City Hall on a base compatible with the art piece on the west side and to -allocate up to $750 from the Art in Public Places Fund to be used for the base construction. Motion carried unanimously. MINUTE ORDER NO. 2001-107. 4. CONSIDERATION OF PLACEMENT OF DARROLL ART PIECE. Community Services Director-. Horvitz presented the staff report. In response to Council Member Henderson, Ms. Horvitz confirmed the art piece will be placed on individual concrete pillars with grass under the art piece. Council Member Sniff supported locating the art piece north of the tennis courts with the opening facing Avenue 52. 10 3 City Council Minutes July 17, 2001 Council Member Henderson stated she felt the art piece would be better viewed if the opening was not toward the street. Mayor Peria agreed the opening should be toward Avenue 52. in response to Council Member Adolph, Ms. Horvitz stated a location near the playground would not be appropriate since the art piece is not designed to be a piece of playground equipment. Council Member Sniff referenced Council's previous discussion about repainting the art piece with the City logo colors. In response to Council Member Sniff, Ms. Horvitz reviewed the cost estimates for transporting and installing the art piece. MOTION'- It was moved by Council Members Sniff/Henderson to direct staff to locate the Darroll art piece at the Fritz Burns Park immediately north of the tennis courts and perpendicular to Avenue 52 and to allocate up to $9,500 from the Art in Public Places Fund for relocation and repainting costs (colors to be near as possible to City logo colors). Motion carried unanimously. MINUTE ORDER NO. 2001-108. STUDY SESSION 1. DISCUSSION OF OPTIONS FOR CITY LIBRARY SERVICES. Assistant City Manager Weiss presented the staff report. In response to Council Member Sniff, Gary Christmas, Riverside County Librarian, confirmed the Board of Supervisors is considering a new Developer Impact Fee structure, which specifically identifies $590,863 for the La Quinta Library. He noted the current fee structure also has a provision to collect a library fee and felt some type of agreement could be worked out if the new rate structure is not approved. Council Member Sniff noted there is no guarantee the Board of Supervisors will approve the new fee structure. Mayor Pena noted the issue would become a contractual obligation if the City enters into an MOU with the County. 164 4. r a e r r -: }h MPS Oto r�,,:a y'- tl s!' C sP t 'i `k 3 'pp i P." °�" 5 ice„ �' .r, 4 �� +�� ? t k 1t S �'•�� 4 *y9 W� p +' ^F' H,d SP 'er� ( F ^� �f! � du 'l� � } � y '{ � .�5 � N+�'fJ'.�y �t �•� �+^awt. N�� 1Fi�*1�1$' �� a ATTACHMENT 3 196 L COUNCIL/RDA MEETING DATE: June 3, 2003 Consideration of Funding Request For Fireworks by the City of Palm Desert RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The amount requested by the City of Palm Desert for the July 4th fireworks presentation is $5,000. The Special Projects Contingency Account has a balance of $9,155 as of this report. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the May 20, 2003 City Council meeting, the City Council received written correspondence (Attachment 1) from the City of Palm Desert requesting funding for the 2003 July 41h celebration. The City of La Quinta has funded the fireworks presentations in Palm Desert in the following years: 1990 $2,000 1991 $2,500 1995 $1,000 1996 $1,000 1997 $1,000 The event was not funded In 1992, 1993, 1994, 1998, 1999, 2000, 2001 or 2002. The City of Palm Desert will be using Pyro Spectaculars, Inc. for the fireworks presentation. This is the same company that was proposed for the "Concert Under 167 \\CLQADMFS1\SHARED\Community Services\CCReports\CC.261.Palm Desert Fireworks..doc the Stars" fireworks presentation event offered by the City of La Quinta on April 26, 2003. At that time, the City Council rejected the standard contract presented by Pyro Spectaculars, Inc. for the "Concert Under the Stars" event due to the very low limits of insurance and unduly limited liability of Pyro Spectaculars, Inc. Attachment 2 provides a memorandum from the City Attorney recommending the City of La Quinta request the City of Palm Desert defend and indemnify La Quinta in any claims against La Quinta related to the July 41h event. Attachment 3 provides an Indemnity Agreement for consideration by the City Council as it relates to the Palm Desert fireworks presentation. As requested in Attachment 1, should the City of La Quinta agree to sponsor the Palm Desert event, the City Council may wish to appoint a Council member to serve on the Palm Desert July 41h committee; or direct staff to participate as a member of the committee; or provide funding and not appoint a Council member or staff member to participate on the committee. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the funding request by the City of Palm Desert in the amount of $5,000 for July 4" fireworks presentation contingent upon an executed Indemnity Agreement, authorize funds from the Special Projects Contingency Account, and appoint a member of the City Council or staff to serve on the committee for this event; or 2. Approve a different amount from the Special Project Contingency Account to fund the request by the City of Palm Desert for the July 4th fireworks presentation contingent upon an executed Indemnity Agreement, authorize the amount from the Special Project Contingency Account and appoint a member of the City Council or staff to serve on the committee for this event; or 3. Approve funding the City of Palm Desert's July 4th fireworks presentation in an amount contingent upon an executed Indemnity Agreement, and do not appoint a City Council member or staff to serve on the committee for this event; or 4. Do not approve the funding request from the City of Palm Desert for the July 4th fireworks presentation; or 5. Provide staff with alternative direction. 2 \\CLQADMFS1\SHARED\Community Services\CCReports\CC.261.Palm Desert Fireworks..doc 168 Re ct Ily submi rw V Dodie Horvitz, Con Attachments: ervices Director Approved for submission by: Thomas P. Genovese, City Manager 1. Letter Requesting Funding by the City of Palm Desert 2. Memorandum from City Attorney 3. Indemnity Agreement \\CLQADMFS1\SHARED\Community Services\CCReports\CC.261.Palm Desert Fireworks..doc 163 &: E ITY Of PRIM 09U#J � WRITTEN CORRESPOU TEL: 760 346—O6 I I Fix: 760 340-0574 Ciryha11@ci.pa1m-desert.ca.us OFFICE OF THE MAYOR April 24, 2003 The Honorable Don Adolph Mayor of the City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Dear Don: OfSERT ATTACHMENT 1 i D ;--- 1 - 2 2003 As in years past, the City of Palm Desert would like to host a concert and fireworks display at our Civic Center Park on July 4th to celebrate our nation's independence, and the purpose of my letter today is to request La Quinta's support. . The cost to produce a memorable event, which has traditionally been enjoyed by La Quinta residents and visitors, is in excess of $35,000. Therefore, we request that your city consider donating $5,000 towards its presentation and provide a committee representative from your council or staff to assist in organizing t he d ay's a ctivities. T he n ext m eeting w ill b e h eld o n T hursday, May 1st., at 9:00 a.m. in the North Wing Conference Room at Palm Desert City Hall. Please contact Pat Scully, the City's Senior Management Analyst for Community'Services, at 776-6352 with your name of your representative. As the desert communities look forward to what has become a much anticipated annual event, your support will make the 2003 celebration the best ever. If you have any questions or need further information, please don't hesitaWo contact Pat. Si;icere , J A . BENSON AYOR JMB/PHS/nw �«� rxixtto ox ottrctto rutx 17- 0 E ATTACHMENT 2 MEMORANDUM TO: Thomas P. Genovese, City Manager FROM: M. Katherine Jenson, City Attorney DATE: May 28, 2003 FILE NO.: 015610-0002 RE: Pyro Spectaculars, Inc. - Contract with City of Palm Desert Pursuant to your request, I contacted Dave Erwin, the City Attorney for Palm Desert, and obtained a copy of the contract between Pyro Spectaculars, Inc. and Palm Desert for the 2003 July 4th fireworks display. A copy of the agreement is attached. As you will see, Palm Desert is still using the form Pyro Spectacular contract that La Quinta rejected. The contract provides for very low levels of insurance (given the risks) and unduly limits the liability of Pyro Spectaculars, Inc. It is unlikely that La Quinta would ultimately become liable for damages caused by the fireworks, simply by making a contribution toward the cost of the display. Nonetheless, the City may wish to request that Palm Desert defend and indemnify La Quinta in the event any claims are asserted against La Quinta relating to the event. I have attached a very simple agreement that could be used for that purpose. Please let me know what you need from me to finalize the staff report relating to this item. Attachment cc: Dodie Horvitz, Director, Community Services Department 1'71 119/015610-0002 C 400793.01 a05/28/03 J ATTACHMENT 3 INDEMNITY AGREEMENT This Indemnity Agreement ("Agreement") is hereby entered by the City of La Quinta ("La Quinta") and the City of Palm Desert ("Palm Desert") as of June _, 2003. RECITALS A. Palm Desert has requested that La Quinta share in the cost of the public fireworks display to take place at the College of the Desert on July 4, 2003 (the "Event"). B. La Quinta wishes to contribute to the costs of the Event. NOW, THEREFORE, the parties agree as follows: 1. La Quinta shall contribute Palm Desert to be used for the Event. dollars ($ ) to 2. Palm Desert shall defend, indemnify and hold La Quinta and its officers, employees, and agents ("La Quinta Indemnitees") harmless from any and all claims, causes of action, obligations, losses, liabilities, judgments, damages, including attorneys' fees and costs of litigation (collectively "Claims") arising out of and/or in any way relating to the Event or La Quinta's contribution to Palm Desert for the Event. In the event the La Quinta Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims, Palm Desert shall provide a defense to the La Quinta Indemnitees, or at La Quinta's option, reimburse the La Quinta Indemnitees for their costs of defense, including attorneys' fees, incurred in the defense of such Claims. In addition Palm Desert shall be obligated to promptly pay any final judgment or portion thereof rendered against the La Quinta Indemnitees. APPROVED AS TO FORM: M David Erwin, City Attorney City of Palm Desert LO-A Carlos L. Ortega, City Manager 172 119/015610-0002 400892.01 a05/28/03 6 APPROVED AS TO FORM: 0 M. Katherine Jenson, City Attorney City of La Quinta 0 Thomas P. Genovese, City Manager 173 119/015610-0002 400892.01 a05/28/03 2 7 T4h�' 4. fit" a" COUNCIL/RDA MEETING DATE: June 3, 2003 Consideration of Waste Management of the Desert Requested CPI Based Rate Increase Pursuant to Section 15.1 of the Amended Restated Agreement for the Collection, Transportation and Disposal of Municipal Solid Waste RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The refuse collection fees will be increased $.23 a month per billing. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City has received correspondence from Waste Management of the Desert requesting a CPI based charge increase for Fiscal Year 2003/2004 (Attachment 1). The CPI from January 2002/03 was 3.52%. Based upon this, the City Council may grant an increase equal to 50% or 1.76% of the CPI for the service portion of the rate. The City and Waste Management of California Inc. have signed an Amended and Restated Agreement for the Collection, Transportation and Disposal of Municipal Solid Waste for the period of June 30, 2000 through July 30, 2008. Article 15, Section 15.1-CPI Based Charges of the Agreement permits the contractor (Waste Management) to seek, in writing, a rate increase to reflect ordinary charges for doing business based upon the Consumer Index. A statement from an independent accountant (Attachment 2) must be attached to the request indicating that the contractors cost for providing service has increased at a rate equal to the increase in the CPI. 1'74 S:\CITYMGR\STAFF REPORTS ONLY\BS5CR--CC1 5WASTECPI-FY03-04. DOC In addition, Section 15.7-Maximum Rate, states the rate charged may not exceed 103% of the lowest rate charged to other Coachella Valley cities which are provided like services by Waste Management (see Attachment 3). Based upon the CPI being 3.52%, the City Council may grant an increase of 50% of the CPI, or 1.76%. The service portion of the contract would be increased to $7.37 for the residential tax billing accounts. The contractor rate increase reflects a $.23 increase. The lowest rate provided by Waste Management is to the City of Indio at a rate of $10.25. A 103% increase of this rate is $10.56; therefore, the proposed increase to the City rate to $10.32 per month is within the 103% requirement and complies with Section 15.7. With the increase, the residential tax billing rate will be as follows: RESIDENTIAL SERVICE TYPE Component Total Service Disposal AB939 Current Individual Residence - Curb Service $7.14 $2.34 $0.61 $10.09 Tax Roll Billing 2003 Rate Increase- 1.76% $0.23 0.23 2003 Adjusted Rate $7.37 $2.34 $0.61 $10.32 Should the Council grant the rate increase, staff would schedule the appropriate public hearing so the rates could be included on the tax rolls. In addition, this rate increase would be reflected on all the residential service components for the residential schedules that are not on the tax rolls. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Grant the $.23 per month rate increase to the service component of the fee schedule; or 2. Do not grant the $.23 per month rate increase to the service component of the fee schedule; or 3. Provide staff with alternative direction. S:\CITYMGR\STAFF REPORTS ONLY\BS5CR--CC15WASTECPI-FY03-04.DOC 175 Respectfully submitted, ;tor Attachments: Approved for submission by: Thomas P. Genovese, City Manager 1. Waste Management letter of March 13, 2003 - 2003 Rate Increase 2. Independent accounting 3. Waste Management letter of May 20, 2003 - 103% comparison 0476 TS ()NI Y\RC..r%rR--( ri F;,WAgTFrPI-FYm-oA nnr ATTACHMENT #1 WASTE MANAGEMENT 41-575 Eclectic Street Palm Desert, CA 92260 (760) 340-6445 (760) 340.2732 Fax www.wmdesert.com March 13, 2003 Mr. Jerry Herman Community Development Director City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 RE: 2003 rate increase Dear Mr. Herman: In accordance with Article 15.1 of the Municipal Franchise Agreement, Waste Management of the Desert respectfully requests a rate increase. The change in the CPI from January 2003 to January 2003 was 6.3 or 3.52%. CPI of 1.76% will be applied as an increase to the service portion of our rate. Attached is the back up information for your review. Please advise us of the date of the council meeting when this will be considered. Thank you for your consideration. Sincerely, Frank Orlett District Manager cc: Deborah McGarrey, Municipal Marketing Manager FO/ph E41 6 17t Pu ata Query U.S. Department of Labor Bureau of Labor Statistics Bureau of Labor Statistics Data wWWxb1S,r90V0 tk-7M I 7*wk fF BLS Horne i PvOgrzi M-5 & I Get Detailed Statistics I Glossary I What's tjew I Find _Its _';b? 00L Change Output Fromi1993 .M To:F2003 (9 Options: include graphs NEW1 A 200.1 7. PM) extracted ot tj e Consumer Price - Ail Urban Consumers Search ex More Formatting Optionswoolo- Series Id: CUURA421SAO Not Seasonally Adjusted Area: Los Angeles -Riverside -Orange County, CA Item: All items Base Period: 1982-84=100 Year 31an Feb t ;,, r ' Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 1993 149.2 150.0 149.8 149.9 150.1 149.7 149.8 149.9 150.2 150.9 151.6 151.9 150.3 149.8 150.7 1994 152.2 152.2 152.5 152.0 151.4 1513P51.7 152.0 152.7 153.4 152.9 153.4 152.3 151.9 152.7 1995 154.3 154.5 154.6 154.7 155.1 154.8 154.5 154.4 154.6 155.2 154.4 154.6 154.6 154.7 154.6 1996 155.7 I56.2 157.3 157.7 157.5_156.7 157.6 157.3 158.2 I58.8 158.4 158.3 157.5 156.9 158.1 19997 159.1 159.2 159.8 159.9 159.5 159.4 159.5 159.7 160.5 161.1Z160.7 161.2 160.0 159.5 160.5 198 161.0 161.1 161.4.161.8 162.3 162.2 162.1 162.6 162.6 163.2 163.4 163. - 5 162.3 161.6 162.9 1999 164.2 164.6 165.0 166.6 166.2 165.4 165.8 166.3 167.2 167.2 167.1 167.3 166.1 165.3 166.8 2000 167.9 169.31 70.7 170.6 171.1 171.0 171.7 172.2 173.3 173.8.173.5 173.5 171.6 170.1 173.0 2.001 174.2 17.5.41176.2 176.6 177.5 178.91178.3 178.4 178.8 178.31178.1 177.1 177.3 176.5 178.2 2002 178.9 180.1 181.1 182.2 182.6 181.9 182.2 183.0 183.4 183.7 184.0 183.7 182.2 181.1 183.3 20031 185.21 Frequently Asked Questions I Freedom of Information Act I Customer Survey Privacy & Security Statement I Linkling to Our Site I Accessibility Information U.S. Bureau of Labor Statistics Postal Square Building 2 Massachusetts Ave., NE Washington, DC 20212-0001 Phone: (202) 691-5200 Fax -on -demand: (202) 691-6325 Data questions: bisdata staff0b1s.gov Technical (web) questions: webmasterftbls.gov Other comments: feedback0bis.gov '.1 05 178 http://data.bls.gov/cgi-bin/surveymost 2/24/0." 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BOX 250 • RANCHO MIRAGE, CA 92270-0250 Telephone (760) 568-2242 • Fax (760) 346-8891 E-Mail: cpasOlundandguttry com • www.lundandguttry.com INDEPENDENT ACCOUNTANTS' REPORT Mr. Frank Orlett Waste Management of the Desert Palm Desert, California We have reviewed the accompanying Schedule of Net Operating Revenue Less Costs of Doing Business for Waste Management of the Desert for the years ended December 31, 2002 and 2001. The Company's management is responsible for this schedule. Our review was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. A review is substantially less in scope than an audit, the objective of which is the expression of an opinion on the Schedule of Net Operating Revenue Less Costs of Doing. Business. Accordingly, we do not express such an opinion. Based on our review, nothing came to our attention that caused us to believe that the Schedule of Net Operating Revenue Less Costs of Doing Business for the years ended December 31, 2002 and 2001 is not presented, in all material respects, in conformity with the basis of presentation as described in Note 1. This report is intended solely for the information and use of management of Waste Management of the Desert and the various municipalities currently conducting business with Waste Management of the Desert and should not be used by anyone other than these specified parties. April 29, 2003 WASTE MANAGEMENT OF THE DESERT SCHEDULE OF NET OPERATING REVENUE LESS COSTS OF DOING BUSINESS FOR THE YEARS ENDED DECEMBER 31, 2002 AND 2001 2002 GROSS OPERATING REVENUE $ 37,2239894 (Less) costs of disposal and franchise fees (13,1759615) NET OPERATING REVENUE 24,0489279 COST OF OPERATING EXPENSES Labor 6,295,854 Truck operating expenses 7,285,411 Container operating expenses 1,372,466 Other operating expenses 1,671,779 16,625,510 SALES, GENERAL AND ADMINISTRATIVE EXPENSE 4,045,827 205671,337 (LESS) NONCASH DEPRECIATION AND AMORTIZATION EXPENSE FOR THE YEAR (2,910,703) ADD NET PURCHASED CAPITAL ADDITIONS FOR THE YEAR 29101,841 COSTS OF DOING BUSINESS 19,862,475 NET OPERATING REVENUE LESS COSTS OF DOING BUSINESS BEFORE INCOME TAXES 2001 % CHANGE $ 37,151,157 (13,232,586) 23,918,571 5,935,204 6,787,856 1,426,561 1,1319067 15,280,688 3,773,400 19,054,088 (2,597,460) 8249372 17,281,000 14.94% $ 491859804 $ 61637,571 (36.94%) (The accompanying notes are an integral part of this schedule) -2- WASTE MANAGEMENT OF THE DESERT NOTES TO SCHEDULE OF NET OPERATING REVENUE LESS COSTS OF DOING BUSINESS NOTE 1- PURPOSE AND BASIS OF PRESENTATION The accompanying Schedule of Net Operating Revenue Less Costs of Doing Business has been prepared by the Company for the purpose of analyzing the net impact (% change) of the increases (decreases) of operating revenues, operating expenses, sales, general and administrative expense (before income taxes) and purchased capital additions during the year. The Company has defined net operating revenue as total gross operating revenues less the related costs of disposal paid to the County of Riverside and other landfill sites and franchise fees paid to the municipalities on the accrual basis of accounting. The Company has defined cost of doing business as total operating expenses (excluding noncash depreciation expense); sales, general and administrative expenses and all purchased capital additions (i.e., property and equipment) on the accrual basis of accounting. The Company has excluded noncash depreciation expense and included current year capital additions to better reflect the cost of operating the business during the year. NOTE 2 - SUMMARY OF RESULTS The summary of the key results of the accompanying schedule for financial categories as defined in Note 1 is as follows: Increase in net operating revenue .54% Increase in costs of doing business 14.94% Decrease in net operating revenue less costs of doing business (36 The California Consumer Price Index for the year ended January 2003 for Los Angeles, Riverside and Orange Counties was a 3.52% increase. The proposed price increase to the City of La Quinta of 1.76% is substantially less than the Company's 36.94% decrease in net operating revenue less costs of doing business for the year ended December 31, 2002. 10 183 -3- ATTACHMENT #3 RECEIVED MAY 21 2W `-) WASTE MANAGEMENT 41-575 Eclectic Street Palm Desert, CA 92260 (760) 340-6445 (760) 340.2732 Fax www.wmdesert.com May 20, 2003 Mr. Jerry Herman Community Development Director City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Re: 2003 Rate Increase Dear Mr. Herman: Pursuant to section 15.7 of the Franchise Agreement, Waste Management of the Desert must provide proof that the rate increase requested for the City of La Quinta does not exceed 103% of....... "The lowest rate for residential refuse collection services provided to incorporated Municipalities in the Coachella Valley (the "rate '). The rate shall consider "like " services provided to other incorporated Municipalities; "like services" shall be defined as MSW collection, curbside recycling, curbside bulky items and automated green waste collection. " There are three other Municipalities that Waste Management services in the Coachella Valley which have similar collection services. (i.e., automated waste, recycling and green waste in 96 gallon containers) Those Municipalities and their rates are: Cathedral City $11.01 Indio $10.25 Palm Desert $10.31 (pending approval) La Quinta's rate charged to its residential customers for similar services is $10.23. The proposed 1.76% increase (half the CPI for 2002) will increase the rate to $10.32. This amount is 100.7% of the lowest rate (Indio). 11.184 wwrift WASTE MANAGEMENT We believe we comply with section 15.7 of the contract. The new rate is only 100.7% of the lowest rate. Please call me if you have any questions. Sincerely, Frank Orlett District Manager cc: Deborah McGarrey, Municipal Marketing Manager FO/ph 1485- Ow R-1 BUSINESS SESSION ITEM: ORDINANCE NO. 383 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.70, SECTION 2.70.010 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATING TO THE INVESTMENT ADVISORY BOARD THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That Chapter 2.70, Section 2.70.010 B of the La Quinta Charter and Municipal Code is hereby amended to read as follows: 2.70.010 General rules regarding appointment and terms A. Except as set out below, see Chapter 2.06 for general provisions. B. The Investment Advisory Board (the "Board") is a standing board composed of five members from the public that are appointed by the City Council. SECTION 11. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 111. 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 at a regular meeting of the La Quinta City Council, held on this 3rd day of June, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 1196 Ordinance No. 383 Investment Advisory Board Adopted: June 3, 2003 Page 2 DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 187 Ordinance No. 383 Investment Advisory Board Adopted: June 3, 2003 Page 3 STATE OF CALIFORNIA) 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. 383 which was introduced at a regular meeting held on the 20t' day of May, 2003, and was adopted at a regular meeting held on the 3rd day of June, 2003, 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, CMC, City Clerk City of La Quinta, California 18S REPORT/INFORMATIONAL ITEM: 15 INVESTMENT ADVISORY BOARD Meeting April 9, 2003 I CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 5:30 P.M. by Chairman Mahfoud, followed by the Pledge of Allegiance. PRESENT: Chairman Mahfoud, Board Members Moulin, Olander and Mortenson ABSENT: Board Member Lewis OTHERS PRESENT: John Falconer, Finance Director and Vianka Orrantia, Secretary 11 PUBLIC COMMENT - None III CONFIRMATION OF AGENDA Mr. Falconer informed the Board that Staff received a resignation letter from Board Member Felice. A copy of that letter was distributed to each Board Member. Mr. Falconer also informed the Board that the letter had been turned into the City Clerk's office for processing. IV CONSENT CALENDAR A. Approval of Minutes of Meeting on March 12, 2003 for the Investment Advisory Board. MOTION - It was moved by Board Members Moulin/Olander to approve the Minutes of March 12, 2003. Motion carried unanimously. V. BUSINESS SESSION A. Transmittal of Treasury Report for February 2003. Board Member Moulin advised the Board of his observation of LAW and commercial paper and the discussion at the previous month's meeting. 189 Investment Advisory Board Minutes April 9, 2003 Mr. Falconer advised the Board that the commercial paper investment has matured. Chairman Mahfoud asked if there was a particular time that Staff makes their commercial paper purchases and if the transactions were done when the property taxes were received. Mr. Falconer replied to the Board that these transactions were done in February and June. In response to Board Member Olander, Mr. Falconer replied to the Board that Solomon, Smith, Barney carried the same rating as GE Capital. Board Member Olander commented to the Board that cash balances were noticeably below the previous year. In response to Board Member Olander, Board Member Moulin replied to the Board that this was due to the expenditure of the money of the bonds. Board Member Moulin also replied to the Board that the bond money is currently being disbursed. Mr. Falconer advised the Board that bonds were issued for $48 million, which was used to purchase the Ranch Property for approximately $42.5 million. Another bond was issued for $40 million, which "w ashed" each other out. $42.5 was used to purchase the Ranch and another $40 million was issued for the construction of a golf course and other eligible RDA projects. In response to Board Member Moulin, Mr. Falconer advised the Board that all debt service payments are currently paid through June. Board Member Olander advised the Board of the current article in the local paper regarding the Ranch Property. MOTION - It was moved by Board Members Olander/Mortenson to review, receive and file the Treasurer's Report for February 2003. Motion carried unanimously. B. Consideration of Fiscal Year 2003/04 Investment Policy Board Member Moulin suggested to Mr. Falconer that a new section should be written and placed on page 17, under investment bond proceeds and a paragraph that covers the item which had been discussed under "Board Member Items." 2 190 Investment Advisory Board Minutes April 9, 2003 Board Member Moulin advised the Board that the summary completed by Mr. Falconer, detailing the historical changes, did not reduce to zero intermediate credit bank and federal land bank investments. Exhibit A indicates this. However looking back at the bottom of page 10, the policy itself does not distinguish this and authorizes $5 million for these two categories of GSE's. Board Member Moulin also advised that this item be cleaned up and limit it to the four items since Staff is not currently investing in Sallie Mae GSE's. Board Member Moulin suggested to the Board limiting GSE's to Freddie Mac, Fannie Mae, Federal Home Loan Banks and Federal Farm Credit. Chairman Mahfoud asked the Board if they had ever invested in Sallie Mae. Mr. Falconer replied that Staff has only invested in Sallie Mae once. Mr. Falconer informed the Board that Sallie Mae will be losing their sponsorship and Staff is supportive in changing it to zero in the policy. Board Member Moulin recapped the historical information regarding GSE's. Chairman Mahfoud asked the Board if they were comfortable dropping Sallie Mae. The Board concurred. Board Member Mortenson advised the Board that of those agencies listed that are not backed by principal and interest by full faith and credit of U.S. on page 10 and 11 of the policy, that Federal Home Loan Bank, Federal Farm Credit Bank, and Federal Land Bank, in his opinion, that these were. Board Member Moulin advised that Board that they are not and he also advised that historically Federal Home Loan Banks were backed at one time. Board Member Moulin suggested to the Board that Staff make the last paragraph on page 10 and first paragraph on page 11 one paragraph. Board Member Moulin asked the Board whether they wanted to increase the amount of GSE's over $5 million. Board Member Moulin asked Mr. Falconer if the Board applied a $5 million limit, would that limit Staff from paying a remium. Mr. Falconer replied to the Board that Staff pays face valu and amortizes the premium over time; Mr. Falconer suggested mayb adding "plus unamortized premium." Board Member Moulin su gested to the Board that it state, "as a limitation of face amount," in the combined paragraph from page 10 and 11. 3 19.1 Investment Advisory Board Minutes April 9, 2003 In response to Chairman Mahfoud, Mr. Falconer advised the Board that if Sallie Mae's were dropped to zero, the four remaining GSE's would be 20% of the portfolio. Mr. Falconer continued tthat the Board may want to consider increasing the amount per GSE's to $7 - 7.5 million to maintain the historical 25%. Chairman Mahfoud asked the Board if there were any comments regarding commercial paper. Board Member Mahfoud commented to the Board that LAIF carries the ball on commercial paper. Board Member Moulin advised the Board that the current amount for commercial paper should remain as is. Mr. Falconer advised the Board that at one time the maximum for commercial paper was $10 million. Chairman Mahfoud asked that Staff contact LAIF and find out what criteria is used to purchase commercial paper. Chairman Mahfoud stated to the Board that he sees no urgency in reducing the amount in commercial paper. Board Member Olander advised the Board of an article in the New York Times, referencing accounting shenanigans, which is more prevalent than people thought and may impact the commercial paper market. There were also comments on the negativity of the current economy in this article. Board Member Olander suggested that the Board hold the line on commercial paper, but monitor closely. Chairman Mahfoud summarized items that would be addressed at the next scheduled meeting: 1. Staff add a paragraph, referencing the internal loan; 2. Bottom of page 10, top of 11, make into one paragraph; 3. Staff to call LAIF to see what their criteria is for commercial paper. 4. An increase from $5 million to $7.5 million in GSE's, including Fannie Mae, FHLMC; FHLB and Federal Farm Credit. Board Member Moulin advised the Board that on the bottom of page 35, left hand column, referencing FHLB, the last sentence on the page reads other federal agencies such as SBA Notes, GMNA, which continues to the top right hand side of the page, needs to be moved to the top of Page 36. 4 ON -. Investment Advisory Board Minutes April 9, 2003 Board Member Moulin reminded the Board that it was agreed to increase LAIF. Chairman Mahfoud stated to the Board that the agreement was a 5 % increase. Motion - It was moved by Board Member Moulin/Olander to continue discussion of the Fiscal Year 2002/03 policy to the next scheduled meeting. VI CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report - March 2003 Mr. Falconer commented to the Board that the LAIF rate continues to go down; however, compared to the daily liquidity rate from 1.99% - 1.89% on page 8, the three year Treasury currently is at 2.06%. Board Member Moulin advised the Board that on page 11, cash flow, the table of the under spent, the totals do not add up. Mr. Falconer commented to the Board that the column is in thousands with cents. Board Member Moulin suggested to the Board that Staff modify the column by removing the cents. Mr. Falconer commented to the Board that LAIF typically trails the market when rates are falling and is slower to recover when rates rise; Board Member Olander advised the Board that LAIF balances have picked up substantially, which means that other municipalities have placed additional funds with LAIF. Noted and Filed B. Pooled Investment Board Report - January 2003 Chairman Mahfoud commented to the Board that PMIA had 21 %of the portfolio invested in commercial paper, above agencies and CD's. Board Member Olander commented to the Board that the LAIF's commercial paper is guaranteed or collateralized. Mr. Falconer stated to the Board that the City has not looked too much into Commercial Paper that LAIF invests in, and that some asset -backed commercial paper is securitized with mortgages. W" 193 Investment Advisory Board Minutes April 9, 2003 Chairman Mahfoud requested that Staff contact LAW and find out what criteria is used to purchase commercial paper. Mr. Falconer commented to the Board that the LAIF Answer Book sets forth the criteria for investing in commercial paper, possibly investing in A2, P2 paper. Mr. Falconer will follow-up on this request and will report back at the next scheduled meeting. Noted and Filed VII BOARD MEMBER ITEMS Board Member Moulin advised the Board that a 30 year loan was made between the General Fund and the Redevelopment Fund, at 10%. If the money had been loaned to the City within itself, it would have been subject to investment by the investment policy, but that this would not qualify against the investment policy. Board Member Moulin also advised the Board that the $13 million dollar loan for the hotel project brings some questions as to whether or not it should be covered in the investment policy or whether or not it does not apply. Board Member Moulin advised the Board that this transaction was put together by the Finance Director/Treasurer for the City. Board Member Moulin asked if Mr. Falconer would explain this transaction to the Board. Mr. Falconer clarified to the Board that the loan amount was $3.4 million with the developer of the Embassy Suites. Mr. Falconer informed the Board that the in the last Council Meeting, Staff recommended to the City Council that a loan be made for $6 million for three projects. One being the library for $4.3 million in the Civic Center Campus, the second for Avenida La Fonda to complete the street similar to Avenida Estado, the third one being the upgrading of Eisenhower Drive, between Rancho La Quinta and the Hotel. It was recommended to the Council to loan General Fund reserves to the Redevelopment agency for these projects. Mr. Falconer also informed the Board that this money would be loaned at 7% interest for up to 30 years; there is a promissory note with no specified repayment term other than the 30 years. The loan could be subject to repayment earlier if the Council decided to take subsequent action or the note can be forgiven due to inability of repayment. Mr. Falconer also informed the Board that based on the projections of the redevelopment agency and the property tax growth, the City should be able to recoup the money. Mr. Falconer stated that the $4.3 million used to build the library is further secured with developer impact fees which developers pay. 0 194 Investment Advisory Board Minutes April 9, 2003 When the impact fees were adopted, the City needed to provide the citizens with a library, which the fee study determined was $4.3 million. This amount had to broken down and separated by past development and future development. When a developer pulls a permit he will only be responsible for future impact, so when viewing the $4.3 million the City was looking at future impacts. Mr. Falconer advised the Board that they could have built the library with General Fund money, but the City did not want to let the developers off the hook. If the City was to go on a pay-as-you-go basis, it would take thirty years'to collect $4.3 million. The future revenues that are generated by the library impact fees will be placed back into the redevelopment agency and the Redevelopment Agency will be able to pay back the General Fund, with the library funds, along with the property tax increment. The General Fund will get a 7 % interest rate which will generate 12 % million to $13 million of interest over the thirty years, in addition to the principal. Mr. Falconer advised the Board that Board Member Moulin's question is whether or not this loan is an investment. Board Member Moulin stated to the Board that this was the same pocket, a book transfer. Mr. Falconer advised the Board that they look in the Investment Policy at what the definition of portfolio is and maybe expand and exclude some of the items, such as a promissory note or developer agreement note from the Investment Policy so the public does not consider these investments. Board Member Moulin advised the Board that per his conversation with Mr. Falconer, the purpose of the proceeds being used is authorized for General Fund purposes. The City will spend the money anyway and this is a technique to benefit the City a great deal. Board Member Moulin advised the Board that one of the requirements of the Investment Policy was the determination of surplus funds for the next year, which would take away $6 million for the next 30 years; this would reduce the amount of surplus monies available, which is an impact on the Investment Policy. Board Moulin also advised the Board that this should either be included or excluded from the policy. Chairman Mahfoud asked if opportunity costs lost were considered. Mr. Falconer replied that currently the City is earning 1.99 % on the money. Chairman Mahfoud also asked if this should be stipulated in the policy. Mr. Falconer replied that on page 37, under portfolio, that the paragraph could be expanded. 7 195 Investment Advisory Board Minutes April 9, 2003 (At this point of the meeting the Board agreed that the discussion should be continued under the consideration of the 03/04 Investment Policy.) Vill ADJOURNMENT MOTION - It was moved by Board Members Moulin/Olander to adjourn the meeting at 6:30 p.m. Motion carried unanimously. Submitted y, Vianka Orrantia Secretary E:1 19t Department Report: I— A / Tn .• 0J- W 5 Irxou�aeim� OF T19 TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager VC4 DATE: June 3, 2003 SUBJECT: Department Report - Responses to Public Comments The following public comments were made at the May 20, 2003, City Council meeting: 1. Michael Rosenfeld, representing the Coachella Valley Coalition for Responsible Sovereignty, spoke against further proliferation of tribal casinos. ■ The Council thanked Mr. Rosenfeld for bringing the matter to their attention. 2. Nancy Doria, 79448 Calle Prospero, spoke in favor of re -naming the La Quinta Park in memory of Deputy Bruce Lee. 3. JoAnne Smith, 79372 Calle Sonrisa, also spoke in favor of renaming the La Quinta Park in honor of Deputy Lee. ■ Council suggested a written request could be made, enabling Staff to bring it back as an action item. 4. Rosa Maria Gonzalez, representing Imperial Irrigation District, assured the City Council there would be no energy shortages this summer and also discussed the district's rebate program for the replacement of electric appliances. ■ Council thanked Ms. Gonzalez for the information. 5. Johnny Potts, 78160 Calle Norte, SVP of Landmark, outlined his qualifications to serve as both Development Coordinator and Golf Course Construction Manager for the SilverRock Ranch project. ■ Council thanked Mr. Potts for the information and for his interest. 197 DEPARTMENT REPORT: 3 A JUNE 3 JUNE 13 JUNE 17 JULY 1 JULY 15 AUGUST 5 AUGUST 19 SEPTEMBER 2 SEPTEMBER 16 CRY COUNgL'S UPCOMING EVENTS CITY COUNCIL MEETING SPECIAL CITY COUNCIL MEETING - Preliminary Budget Hearing CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING - CANCELLED CITY COUNCIL MEETING 198 June 2003 La Quinta City Council Monthly Planner Sunday..Saturday 1 3 4 5 6 7 6:00 PM CVAG Exec. 2:00 PM City Council 10:00 AM ALRC Cmte- Adolph Meeting 8 9 10 11 12 13 14 7:30 AM CVEP-Adolph 7:00 PM Mosquito 9:00 AM RCTC- 12:00 PM Energy/Envi- 10:00 AM Special City Flag Day 10:00 AM Pub. Sfty- Perkins Abate. -Perkins 7:00 PM Planning Henderson 5:30 PM Investment Sniff 7:00 PM Cultural Arts Council Meeting - Budget 12:00 PM Transp.- Commission Advisory Board Commission Perkins 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 15 16 17 18 19 20 21 Father's Day 9:00 AM CVA-Henderson 2:00 PM City Council 3:00 PM Historic Preser- vation Commission Meeting 1st Day of Summer 22 23 24 25 26 27 28 7:00 PM Planning 12:00 PM CVAG Humanl 9:00 AM LAFCO- Commission Comm-Osbome Henderson 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Osbome 29 30 6:00 PM CVAG General May Ju y Assembly S MT W T F S S M T W T F S 1 2 3 1 2 3 4 5 4 5 6 7 8 9 10 6 7 8 9 10 11 12 11 12 13 14 15 16 17 13 14 15 16 17 18 19 18 19 20 21 22 23 24 20 21 22 23 24 25 26 25 26 27 28 29 30 31 27 28 29 30 31 Printed by Calendar Creator Plus on 5/30/2003 July 2003 La Quinta City Council Monthly Planner 1 2 3 4 5 2:00 PM City Council 10:00 AM ALRC 12:00 PM Mayors Lunch 9:00 AM - 4:00 PM SJSR Ntl. Monument- June Meeting S M T W T F S it Henderson 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Independence Day (CITY HALL CLOSED) 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 6 7 8 9 10 11 12 7:00 PM Mosquito 9:00 AM RCTC- 12:00 PM EnergylEnvi- Abate.-Perkins Henderson Sniff 7:00 PM Planning 5:30 PM Investment 7:00 PM Cultural Arts Commission Advisory Board Commission 13 14 15 16 17 18 19 7:30 AM CVEP-Adolph 10:00 AM Pub. Sfty- 9:00 AM CVA-Henderson 2:00 PM City Council 3:00 PM Historic Preser- vation Commission Perkins Meeting 12:00 PM Transp.- Perkins 3:00 PM Mtns. Con -Sniff 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 20 21 22 23 24 25 26 7:00 PM Planning 12:00 PM CVAG Human/ 9:00 AM LAFCO- Commission Comm-Osbome Henderson 12:00 PM Sunline-Adolph 4:00 PM ORRA Airp- Osbome 27 28 29 30 31 6:00 PM CVAG-Exec Com-Adolph u W ST S M T F S 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Printed by Calendar Creator Plus on 5/30/2003 August 2003 La Quinta City Council Monthly Planner Printed by Calendar Creator Plus on .)/3U/LUU3 ? 0 1 COUNCIL/RDA MEETING DATE: June 3, 2003 ITEM TITLE: Continued Public Hearing on General Plan Amendment 2003-090, Zone Change 2003-1 11, and Specific Plan 2001-055, Amendment Number 1, a Request to Change From Tourist Commercial to Office Commercial, Medium Density Residential to Office and Tourist Commercial, Park to Medium Density Residential; and Revision of the Development Standards for the Tourist Commercial Uses Including Hotel and Retail Related Uses, Creating Development Standards for Office Commercial Uses, and Revising the Development Standards for Residential Uses Including Attached, Cluster, and Detached Units; and Consideration of a Development Agreement Applicant: California Intelligent Communities and the La Quinta Redevelopment Agency AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council approving General Plan Amendment 2003-090. Move to take up Ordinance No. by title and number only and waive further reading. Move to introduce Ordinance No. Approving Zone Change 2003-1 1 1. Adopt a Resolution of the City Council approving Specific Plan 2001-55, Amendment Number 1. Move to take up Ordinance No. by title and number only and waive further reading. Move to introduce Ordinance No. Approving the Development Agreement 2003- 006. FISCAL IMPLICATIONS: With the adoption of the Development Agreement, the City will receive transient occupancy tax from the Casitas development, and repayment of the City's matching funds from the South Coast Air Quality Management District. 202 S:\CITYMGR\STAFF REPORTS ONLY\PH1 STF RPT.DOC CHARTER CITY IMPLICATIONS: Same as above BACKGROUND AND OVERVIEW: Site Background The approximate 50-acre subject property is situated at the southeast corner of Miles Avenue and Washington Street, a major entry point to the City. The property is bound by the Coachella Valley Stormwater Channel to the south, the Del Oro subdivision and vacant residential land to the north across Miles Avenue, and the Desert Pride and Sienna Del Rey single-family subdivision to the east. To the west is vacant land within the City of Indian Wells. Project Request The Planning Commission reviewed the following applications: 1. A General Plan Amendment to reconfigure the Tourist Commercial, Park and Medium Density Residential land use designations, and add the Office designation. 2. A Zoning Change to reconfigure the Tourist Commercial, Park and Medium Density Zoning Districts, and add the Office Commercial District. 3. A Specific Plan (Attachment 1) to modify the adopted development standards and design guidelines for the mixed use development including resort style hotels, timeshares, condominium -hotels, up -scale restaurants, office uses, including a medical -surgical facility, and commercial retail uses. Also, proposed are designated areas for townhouses, attached and detached single-family residential houses, casitas, zero lot line units and a neighborhood park. The developer proposed to develop the following uses on the site: 1. A 134 unit suites type hotel; 2. 132 Casita type hotel units; 3. Two 6,000 square foot (approximate) restaurants; 4. 165,000 square foot medical office/clinic facility; 5. 30 unit Boutique hotel; and 6. Up to 90 residential units. The project has been modified as follows: 1. A 134 unit Homewood Suites by Hilton hotel; 2. 132 one- and two-story Condominium Casita type units 20 3 2 S:\CITYMGR\STAFF REPORTS ONLY\PH1 STF RPT.DOC 3. Two sit-down type restaurants; 4. A 120,000 square foot medical and surgical center comprised of three 40,000 square foot buildings; 5. A 30 unit Boutique hotel comprised of 1,200 square foot villas and a spa; 6. 72 single-family one- and two-story units composed of a) 13 market priced one - and two-story cluster courtyard villa homes north of Seeley Drive, b) 25 single - story detached residential homes along the perimeter of the residential area. south of Seeley Drive, and c) 29 courtyard single-family homes located in the central area of the residential homes south of Seeley Drive. A total of forty units that are part of the single -story detached and the courtyard single-family homes will be sold at prices affordable to moderate income households; 7. The residential units will range as follows: Unit type Proposed Square feet Total units Affordable units One Story Single -Family Homes (Perimeter Homes) 1,430 9 7 1,672 10 7 1,778 6 4 TOTAL 25 18 Courtyard Single -Family Homes 11270 7 5 1,295 5 4 1,400 11 7 1,520 6 6 TOTAL 29 22 One- and Two -Story Cluster Courtyard Villas 2,180 5 0 2,560 3 0 21800 5 0 TOTAL 13 0 GRAND TOTAL 67 40 8. The developer will be required to develop the 2.68-acre park. The Development Agreement contains the more detailed improvements for the following items: a) 20,000 square foot dog park area, b) 5,000 square foot playground area, c) spring animal, d) shade structures, e) benches, f) drinking fountains, g) trash containers, and h) grass, trees and an irrigation system. These improvements will be installed and accepted prior to the final inspection of the first residential unit in the One -Story Single -Family Homes area, or the Two -Story Courtyard Single -Family Homes area, or the One- and Two -Story Cluster Courtyard Villas area. The applicant is also requesting the following development changes: 3 204 S:\CITYMGR\STAFF REPORTS ONLY\PH1 STF RPT.DOC 1. Add to page 6 of the Specific Plan, Tourist Commercial Development Standards - "Minimum perimeter building/landscape setback (in ft.) from Cluster Villas at the corner of Miles Avenue and Seeley Drive - 18/10." 2. Add the following footnote to page 6 of the Specific Plan, "Tourist Commercial Development Standards- Resort Casitas - Maximum building height (ft.) - 33*;" *within the first 60' along Miles Avenue, measured from the south side of the 20' landscape setback parcel, the Maximum height of the Resort Casitas units is 22'; within the next 60' to 150' along Miles Avenue, the Maximum height of the Resort Casitas units is 26'; the height may be 33' outside the 150' setback." 3. Change, on page 7 of the Specific Plan, Medium Density Residential (RM) Development Standards- "Attached Dwelling Units to Courtyard Single -Family Homes". 4. Change, on page 7A of the Specific Plan, Medium Density Residential (RM) Development Standards- "Single -Family Cluster Courtyard to One- and Two - Story Single -Cluster Courtyard Villas". 5. Add the following footnote to page 7A of the Specific Plan, Medium Density Residential (RM) Development standards- "One- and Two -Story Single -Cluster Courtyard Villas - Building Height - 28ft*;" "*within the first 60' along Miles Avenue, measured from the south side of the 20' landscape setback parcel, the Maximum height of the One- and Two -Story Single -Cluster Courtyard Villas units is 22'; within the next 60' to 150' along Miles Avenue, the Maximum height of the One- and Two -Story Single -Cluster Courtyard Villas units is 26'; the height may be 28' outside the 150' setback. The Developer has provided three new exhibits that will be included in the Specific Plan. They are: a) concept plan for the development parcels; b) concept plan for the medical and surgical center; and c) concept plan for the Boutique Hotel (Attachment 2). The Specific Plan includes a number of development standards unique to the site and the uses proposed. The following table illustrates the changes from the Zoning Code development standards to the Specific Plan development standards. 4 205 S:\CITYMGR\STAFF REPORTS ONLY\PH1 STF RPT.DOC TOURIST COMMERCIAL DEVELOPMENT STANDARDS Proposed Approved modifications Specific Plan Zoning Minimum perimeter building/landscape setback (in ft.) from Washington Street 20/20 20/20 30/20 Minimum perimeter building/landscape setback (in ft.) from Miles Avenue 20/20 20/20 30/20 Minimum perimeter building/landscape setback (in ft.)from residential districts 50/15 50/15 30/15 Minimum perimeter building/landscape setback (in ft.) from Cluster Villas at the corner of Miles Avenue and Seeley Drive 18/10 50/15 30/20 Parking (Resort) 1 /unit 1.5/room 1.5/room Parking (Commercial/Retail) 1 /250 sq. ft. 1 /250 sq. ft. 1 /250 sq. t. Parking (Restaurant) 1 /1 15 sq. ft. 1 /250 sq. ft. . 1 /75 sq. ft. Parking (Casitas) 1.6/unit 1.5/room 1.5/unit Hotel- maximum building height 40 ft. 40 ft. 40 ft. Hotel- maximum stories 3 3 3 Resort Casitas- maximum building height* 33 ft. 28 ft. 28 ft. Resort Casitas- maximum stories 2 2 2 Boutique Hotel- maximum building height 33 ft. 40 ft. 40 ft. Boutique Hotel- maximum stories 2 3 3 *within the first 60' along Miles Avenue, measured from the south side of the 20' landscape setback parcel, the Maximum height of the Resort Casitas units is 22'; within the next 60' to 150' along Miles Avenue, the Maximum height of the Resort Casitas units is 26'; the height may be 33' outside the 150' setback. ONE-STORY SINGLE-FAMILY HOMES Proposed Specific Plan Zoning Modifications Minimum lot size 4,500 sq. ft. 7,200 sq. ft. 5,000 sq.ft. Minimum lot frontage 45 ft. 60 ft. 50 ft. Minimum front setback 15 ft. 25 ft. 25 ft.** with side loaded garage with front loaded garage 20 ft. 25 ft. 25 ft. Minimum rear yard setback 20 ft. 20 ft. 15 ft. Minimum side yard setback 5 ft. 5 ft. 5 ft. Minimum livable floor area for single-family detached excluding garage 1,200 sq. ft. 1200 sq. ft. * * * 1,400 sq.ft. Parking 2/unit (garage) 2/unit (garage) 2/unit (garage) Building Heights adjacent to existing residential 20 ft. 28 ft. 28 ft. Maximum stories 1 1 2 Building Heights not adjacent to existing residential 28 ft. 28 ft. 28 ft. Maximum stories 2 2 2 206 A S:\CITYMGR\STAFF REPORTS ONLY\PH1 STF RPT.DOC COURTYARD SINGLE-FAMILY HOMES Proposed Specific Plan Zoning Modifications Minimum lot size 2,975 sq. ft. 0 5,000 sq. ft. Minimum lot frontage 35 ft. 0 50 ft. Maximum structure height 28 ft. 28 ft. 28 ft. Maximum stories 2 2 2 Minimum floor area 1,000 sq. ft. 1,000 sq. ft. 1,400 sq. ft. Minimum open space 30% 30% 30% Interior street building/landscape setback not addressed 20 ft. Not addressed Minimum front yard setback not addressed 20 ft. 20 ft. Minimum perimeter building/landscape setback Miles Avenue 20/20 ft. 20/20 ft. Not addressed Minimum perimeter building/landscape setback from Tourist Commercial District) 5 ft. 20 ft. Not addressed Minimum perimeter building/landscape setback Seeley Drive 20 ft. Not addressed 10 ft. Parking 2/unit 2/unit 2/unit ONE- AND TWO-STORY SINGLE-FAMILY CLUSTER COURTYARD VILLAS Proposed Modifications Minimum lot size 2,200 sq. ft. Minimum lot frontage 40 ft. Maximum structure height* * * * * 28 ft. Maximum stories 2 Minimum floor area 1,200 sq. ft. Minimum open space 30% building setbacks front yard facing common area 15ft. facing streets 20 ft. side yard 5 ft. rear yard 10 ft. Interior street building/landscape setback not addressed Minimum perimeter building/landscape setback Miles Avenue 20/20 ft. Minimum perimeter building/landscape setback from Tourist Commercial District) 5 ft. Minimum perimeter building/landscape setback Seeley Drive 20 ft. Parking 2/unit* * * * "Zoning Code allows Specific Plan Not addressed Zoning 5,000 sq. ft. 50 ft. 28 ft. 2 1,400 sq. ft. 30% 20 ft. 20 ft. 5 ft. 20 ft. Not addressed Not addressed Not addressed Not addressed 10 ft. 2/unit 20 feet with a roll up door * * * for not less than 30% of the units * * * * up to 205 may have single car garage and 1 uncovered parking space * * * "within the first 60' along Miles Avenue, measured from the south side of the 20' landscape setback parcel, the Maximum height of the One- and Two -Story Single -Cluster Courtyard Villas units is 22'; within the next 60' to 150' along Miles Avenue, the Maximum height of the One- and Two -Story Single -Cluster Courtyard Villas units is 26'; the height may be 28' outside the 150' setback. W S:\CITYMGR\STAFF REPORTS ONLY\PH1 STF RPT.DOC 4.07 Development Agreement The City and California Intelligent Communities propose to enter into a Development Agreement as provided by the La Quinta Municipal Zoning Code and State statues. A Development Agreement is a binding agreement between both parties for the purpose of establishing certainty in the development. Both parties desire to enter into this Agreement for the purpose of: 1) identifying the terms, conditions, and regulations for the construction of the Project, certain components of which constitute a Planned Development; 2) setting forth a payment schedule for the Developer's payment to the City of certain amounts designed to compensate the City in the event that certain components of the Project fail to generate specified levels of transient occupancy tax; 3) setting forth a payment schedule for the Developer's payment to the City of Three Hundred Forty-six Thousand Eleven Dollars ($346,01 1) that the City has expended, or intends to expend, to obtain a matching funds grant from the South Coast Air Quality Management District; 4) requiring the Developer, at its sole cost, to construct a neighborhood park on certain real property owned in fee by the City; and 5) setting forth the extent to which the Developer may construct, develop, use and operate the Project. The Development Agreement complies with the State statues and zoning regulations for the formation of a Development Agreement and further provides for development requirements. The Development Agreement requires annual reviews in accordance with State and local requirements. The City Attorney has, in conjunction with California Intelligent Communities, prepared the Agreement. Public Notice The General Plan, Zone Change and amended Specific Plan requests were advertised in the Desert Sun Newspaper on March 4, 2003, and mailed to all property owners within 500 feet of the project boundaries. The Development Agreement application was advertised in the Desert Sun on May 17, 2003. All property owners within 500 feet of the boundaries of the project were mailed a copy of the public hearing notices. Correspondence received regarding this project is attached (Attachment 4). Planning Commission Review The Planning Commission considered this request at its meeting of March 11, 2003. The Planning Commission recommended approval of the General Plan, Zone Change and the Specific Plan Amendment Number 1 subject to Conditions of Approval. On May 27, 2003 the Planning Commission considered the Development Agreement and 208 7 S:\CITYMGR\STAFF REPORTS ONLY\PH1 STF RPT.DOC recommended approval subject the ability of the City to make changes as approved and agreed to by the City Attorney. A copy of the minutes is attached (see Attachments 3 and 4). Statement of Mandatory Findings The findings necessary to recommend approval of the Development Agreement can be made, as noted in the attached Resolution. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council are: 1. Adopt a Resolution of the City Council approving General Plan Amendment 2003-090. Move to take up Ordinance No. by title and number only and waive further reading. Move to introduce Ordinance No. Approving Zone Change 2003-1 1 1. Adopt a Resolution of the City Council approving Specific Plan 2001-055, Amendment Number 1. Move to take up Ordinance No. by title and number only and waive further reading. Move to introduce Ordinance No. approving the Development Agreement 2003-006; or 2. Do not adopt the above Resolutions or Ordinances; or 3. Remand the request to the Planning Commission for further consideration; or 4. Provide staff with alternative direction. Respectfully submitted, erma p, ommunity evelopment Director 8 209 S:\CITYMGR\STAFF REPORTS ONLY\PH1 STF RPT.DOC Approved for submission by: ell - Thomas P. Genovese, City Manager Attachments: 1. Specific Plan document (City Council only) 2. Concept plans 3. Planning Commission Minutes of March 11, 2003, excerpts 4. Planning Commission Minutes of March 27, 2003, excerpts 5. Correspondence 9 210 S:\CITYMGR\STAFF REPORTS ONLY\PH1 STF RPT.DOC RESOLUTION 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A RECONFIGURATION OF THE TOURIST COMMERCIAL, PARK AND MEDIUM DENSITY RESIDENTIAL LAND USE DESIGNATIONS, AND THE ADDITION OF THE OFFICE DESIGNATION FOR THE CENTER POINT PROJECT, GENERALLY BOUNDED BY MILES AVENUE ON THE NORTH, COACHELLA VALLEY STORMWATER CHANNEL ON THE SOUTH, WASHINGTON STREET ON THE WEST AND THE INCO SIENNA DEL REY SINGLE FAMILY SUBDIVISION ON THE EAST CASE NO.: GENERAL PLAN AMENDMENT 2003-090 APPLICANT: CALIFORNIA INTELLIGENT COMMUNITIES AND THE CITY OF LA QUINTA REDEVELOPMENT AGENCY WHEREAS, the City Council of the City of La Quinta, California, did on the 15th day of April, 20th day of May, and 3rd day of June, 2003, hold a duly noticed Public Hearings to review a General Plan Amendment to reconfigure the Tourist Commercial, Park and Medium Density Residential land use designations, and add the Office land use designations for the property generally located at the southeast corner of Miles Avenue and Washington Street, north of the Coachella Valley Stormwater Channel, and more particularly described as: APNs 604-040-012, 604-040-013, 604-040-023 and 604-040-037 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 11 th day of March, 2003, hold a duly noticed Public Hearing to review a General Plan Amendment to reconfigure the Tourist Commercial, Park and Medium Density Residential land use designations, and add the Office land use designations for the property generally located at the southeast corner of Miles Avenue and Washington Street, north of the Coachella Valley Stormwater Channel; and WHEREAS, said General Plan has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that an Addendum to the Environmental Assessment (EA 2001- 436) was prepared and found that the Revised Project does not require the preparation of a subsequent environmental review pursuant to CEQA Guideline 15162 or Public Resources Code Section 21166, in that the Revised Project does not involve: (1) substantial changes to the project analyzed in Environmental Assessment 2001-436 which would involve new significant effects on the environment or substantially increase the severity of previously identified impacts; (2) substantial changes with GAWPD0CS\CCReso-00A\CIC GP Reso.wpd 10 211 City Council Resolution 2003- General Plan Amendment 2003-090 Adopted: June 3, 2003 respect to the circumstances under which the project is being undertaken which would involve new significant effects on the environment not analyzed in the Environmental Assessment 2001-436 or substantially increase the severity of previously identified impacts; or (3) new information of substantial importance which would involve new significant effects on the environment not analyzed in the Environmental Assessment 2001-436; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings of approval to justify a approving General Plan Amendment 2003-090: 1. Internal General Plan Consistency. The proposed Amendment to the Land Use Map is consistent with the goals and objectives of the General Plan in that it changes existing Tourist Commercial, and Medium Density Residential land uses to include Tourist Commercial uses and Office uses. The Medium Density Residential serves as a buffer between adjacent Low Density Residential and Tourist Commercial uses. 2. Public Welfare. The proposed Amendment will not create additional impacts to the public safety and welfare due to the relatively minor change in land use designations. 3. General Plan Compatibility. The proposed General Plan Amendment will be compatible with surrounding land uses. Tourist Commercial and Office uses are located at a major intersection providing adequate access and circulation to and from the property. Medium Density Residential serves as an adequate buffer between adjacent Low Density land uses and Tourist Commercial land use. 4. Property Suitability. The proposed Amendment is suitable for the subject site. 5. Change in Circumstances. The continued development of the City requires the continued analysis of the best build out configuration. This Amendment accommodates the changing market and desires of the community. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; GAMDOMCCReso-COMCIC GP Reso.wpd 11 4. City Council Resolution 2003- General Plan Amendment 2003-090 Adopted: June 3, 2003 2. That it does hereby confirm the Addendum prepared for Environmental Assessment 2001-436 that assessed the environmental concerns of the General Plan change; and, 3. That it does approve of General Plan Amendment 2003-090 for the reasons set forth in this Resolution and as contained in Exhibit "A" attached hereto and made a part of. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of June, 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California G:\WPDOCS\CCReso-COA\CIC GP Resompd 12 213 EL I@ 5 t W 1 G N� s t Ct m Z �� a� �m ? _ e m Cl) %X Z r. m 0 c CU I2 ,tor au 00 m m o r -0 a Z D m 1 ES z� /�/ o i �Z , 0 o m / n I ,/� . 40 CA OE s, I ��•� � 89- Z� � r I m fA ru I�0� m � I r g -4E a? 354 613 , o w ti ,901 �� \ v E I I 8 � � db _ — titt 1 I wa N�°",, �t ♦ I �6 ,OZ P ORDINANCE NO. A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING CERTAIN ZONE CHANGES TO THE CENTERPOINT PROJECT, GENERALLY BOUNDED BY MILES AVENUE ON THE NORTH, COACHELLA VALLEY STORMWATER CHANNEL ON THE SOUTH, WASHINGTON STREET ON THE WEST AND INCO CENTURY SINGLE FAMILY SUBDIVISION ON THE EAST CASE NO.: ZONE CHANGE 2003-111 APPLICANT: CALIFORNIA INTELLIGENT COMMUNITIES AND THE CITY OF LA QUINTA REDEVELOPMENT AGENCY WHEREAS, the City Council of the City of La Quinta, California, did on the 15th day of April, 20th day of May, and the 3rd day of June, 2003, hold a duly noticed Public Hearings for the La Quinta Redevelopment Agency for review of a Zone Change to change the zoning designation on 50 acres generally located at the southeast corner of Miles Avenue and Washington Street, north of the Coachella Valley Stormwater Channel, and more particularly described as: APNs 604-040-012, 604-040-013, 604-040-023 and 604-040-037 WHEREAS, the Planning Commission did on the 11 th day of March, 2003, hold a duly noticed Public Hearing for the La Quinta Redevelopment Agency for review of a Zone Change to change the zoning designation on 50 acres generally located at the southeast corner of Miles Avenue and Washington Street, north of the Coachella Valley Stormwater Channel; and WHEREAS, said Zone Change has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970, as amended (Resolution 83-63), in that an Addendum to the Environmental Assessment (EA 2001- 436) was prepared and found that the Revised Project does not require the preparation of a subsequent environmental review pursuant to CEQA Guideline 15162 or Public Resources Code Section 21166, in that the Revised Project does not involve: (1) substantial changes to the project analyzed in the Environmental Assessment 2001- 436 which would involve new significant effects on the environment or substantially increase the severity of previously identified impacts; (2) substantial changes with respect to the circumstances under which the project is being undertaken which would involve new significant effects on the environment not analyzed in the Environmental Assessment 2001-436 or substantially increase the severity of previously identified impacts; or (3) new information of substantial importance which would involve new significant effects on the environment not analyzed in the Environmental Assessment 2001-436; and 14 Ordinance No. Zoning Change 2003-111 Adopted: June 3, 2003 Page 2 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to approve said Zone Change: 1. The proposed project is consistent with the goals and policies of the La Quinta General Plan, the Land Use Map for the General Plan, and surrounding development and land use designations ensuring land use compatibility. 2. The Zone Change will not be detrimental to the public health, safety and welfare, as it has been designed to be compatible with surrounding development, and conforms to the City's standards and requirements. 3. The Zone Change is compatible with the City's Zoning Ordinance in that it supports the development of Medium Density, Tourist Commercial and Office Commercial uses. 4. The Zone Change is suitable and appropriate for the site and supports the orderly development of the City. 5. Change in Circumstances. The continued development of the City requires the continued analysis of the best build out configuration. This Amendment accommodates the changing market and desires of the community. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby confirm the Addendum prepared for Environmental Assessment 2001-436 that assessed the environmental concerns of the Zone Change; and, SECTION 1. APPROVAL. The City Council hereby approves and adopts Zone Change 2003-111 for the reasons set forth in this Ordinance and as contained in Exhibit A attached hereto and made a part hereof. SECTION 2. ENVIRONMENTAL. Said Development complies with the requirements of The Rules to Implement the California Environmental Quality Act of 1970 as amended (Resolution 83-63). The Community Development Department its 15 TYMGR\STAFF REPORTS ONLY\PH1 ORD ZC.DOC Ordinance No. Zoning Change 2003-111 Adopted: June 3, 2003 Page 3 completed Environmental Assessment 2001-436, certifying a Mitigated Negative Declaration of environmental impact as adopted by the City Council on February 5, 2002 under Resolution 2002-07, for this Specific Plan 2001-055. An Addendum has been prepared for the proposed Specific Plan 2001-055, Amendment #1 and Development Agreement 2003-006. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental review pursuant to Public Resources Code Section 21166. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. The foregoing Ordinance was approved and adopted at a meeting of the City Council held on this day of , 2003, by the following vote - AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE GREEK, City Clerk City of La Quinta, California 217 16 TYMGR\STAFF REPORTS ONLY\PH1 ORD ZC.DOC Ordinance No. Zoning Change 2003-111 Adopted: June 3, 2003 Page 4 ATTEST: M. KATHERINE JENSON, City Attorney City of La Quinta, California 218 17 TYMGR\STAFF REPORTS ONLY\PH1 ORD ZC.DOC 8L SRI n _ = m m� > 0 m 00 Z a z m - �� xmM vb �_ 0 0 ° N _� g • "'� -� Z 20 G) N _0 m 0 0 ' Z C. .4=4 00 . SOE 00 jIb .OZ 219 RESOLUTION 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DESIGN GUIDELINES AND DEVELOPMENT STANDARDS FOR TOURIST COMMERCIAL USES, OFFICE USES, MEDIUM DENSITY RESIDENTIAL, AND A NEIGHBORHOOD PARK FOR THE CENTERPOINT PROJECT GENERALLY BOUNDED BY MILES AVENUE ON THE NORTH, COACHELLA VALLEY STORMWATER CHANNEL ON THE SOUTH, WASHINGTON STREET ON THE WEST AND INCO CENTURY SINGLE FAMILY SUBDIVISION ON THE EAST CASE NO.: SPECIFIC PLAN 2001-055, AMENDMENT #1 APPLICANT: CALIFORNIA INTELLIGENT COMMUNITIES AND CITY OF LA QUINTA REDEVELOPMENT AGENCY WHEREAS, the City Council of the City of La Quinta, California, did on the 3rd day of June, 2003, hold a duly noticed Public Hearing to consider Specific Plan 2001-055, Amendment #1, to allow the development of Resort uses, Office uses, Medium Density Residential and a Neighborhood Park generally located at the southeast corner of Miles Avenue and Washington Street, north of the Coachella Valley Stormwater Channel, and more particularly described as: APNs 604-04-12, 604-04-13, 604-04-23 and 604-04-37 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 11 th day and 27th of March, 2003, hold a duly noticed Public Hearing to consider Specific Plan 2001-055, Amendment #1, to allow the development of Resort uses, Office uses, Medium Density Residential and a Neighborhood Park generally located at the southeast corner of Miles Avenue and Washington Street, north of the Coachella Valley Stormwater Channel; and WHEREAS, said Specific Plan has complied with the requirements of AThe. Rules to Implement the California Environmental Quality Act of 1970, as amended (Resolution 83-63), in that an Addendum to the Environmental Assessment (EA 2001-436) was prepared and found that the Revised Project does not require the preparation of a subsequent environmental review pursuant to CEQA Guideline 15162 or Public Resources Code Section 21166, in that the Revised Project does not involve: (1) substantial changes to the project analyzed in the Environmental Assessment 2001-436 which would involve new significant effects on the environment or substantially increase the severity of previously identified impacts; (2) substantial changes with respect to the circumstances under which the project is being 220 W City Council Resolution 2003 Specific Plan 2001-055, Amendment #1 Adopted: June 3, 2003 . undertaken which would involve new significant effects on the environment not analyzed in the Environmental Assessment 2001-436 or substantially increase the severity of previously identified impacts; or (3) new information of substantial importance which would involve new significant effects on the environment not analyzed in the Environmental Assessment 2001-436; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings of approval to justify approving Specific Plan 2001-055, Amendment #1: 1. The proposed Specific Plan is consistent with the goals and policies of the La Quinta General Plan in that the parcels have been designated for Tourist Commercial, Office Commercial, Medium Density Residential, and Park and Recreation on the Land Use Map, as amended by General Plan Amendment 2003-090. 2. This Specific Plan will not create conditions materially detrimental to the public health, safety, and welfare in that the commercial development will occur at a major intersection and medium density residential will provide buffering to the residential land uses to the east. 3. That the Specific Plan is compatible with the existing and anticipated area development in that the project is to be located on land designated as Tourist Commercial, Office Commercial, and Medium Density Residential. 4. That the project will be provided with adequate utilities and public services to ensure public health and safety. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby confirm the Addendum prepared for Environmental Assessment 2001-436 that assessed the environmental concerns of the Specific Plan Amendment; and, 3. That it does recommend to the City Council approval of Specific Plan 2001- 055, Amendment #1 for the reasons set forth in this Resolution. 2. 20 S:\CITYMGR\STAFF REPORTS ONLY\PHI RESO SP.DOC City Council Resolution 2003 Specific Plan 2001-055, Amendment #1 Adopted: June 3, 2003 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of June, 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 224, 21 S:\CITYMGR\STAFF REPORTS ONLY\PH1 RESO SP.DOC CITY COUNCIL RESOLUTION 2003- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2001-055, AMENDMENT #1 ADOPTED: JUNE 3, 2003 The Specific Plan document shall be modified to include the following: The developer shall submit five final documents to the Community Development Department prior to issuance of any permits. 1. The Developer agrees to defend, indemnify and hold harmless the City of La Quinta (City), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Specific Plan, or any other application pertaining thereto. The City shall have sole discretion in selecting its defense counsel. 2. Add to the Development Standards for Tourist Commercial, page 6, and Office Commercial, Page 8, that the first 150 feet along Washington Street is limited to structure heights of 22 feet. 3. Change, on Page 5 of the Specific Plan, Land Use Area 1- 19.51 acre to 19.12-acre. 4. Change, on page 6 of the Specific Plan, Land Use Area II- 1 1.32 acre to 1 1.10-acre. 5. Add to Page 6 of the Specific Plan, Tourist Commercial Development Standards- "Minimum perimeter building/landscape setback (in feet) from Cluster Villas at the corner of Miles Avenue and Seeley Drive-181/0." 6. Add the following footnote to Page 6 of the Specific Plan, Tourist Commercial Development Standards- Resort Casitas Maximum building height (ft.) 33 *; *within the first 60' along Miles Avenue, measured from the south side of the 20' landscape setback parcel, the Maximum height of the Resort Casitas units is 22'; within the next 60' to 150' along Miles Avenue, the Maximum height of the Resort Casitas units is 26'; the height may be 33' outside the 150' setback. 7. Change, on Page 7 of the Specific Plan, Medium Density Residential (RM) Development standards- Attached Dwelling Units to Two-story Courtyard Single Family Homes. 8. Eliminate on Page 7, Two-story Courtyard single family homes standard for the minimum perimeter building/landscape setback from Tourist Commercial (casita units) 5 feet. �?�3 22 CITY COUNCIL RESOLUTION 2003- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2001-055, AMENDMENT #1 ADOPTED: JUNE 3, 2003 9. Add on, Page 7, Two-story Courtyard single-family homes standard, Interior street building/landscape setback 20 feet. 10. Add on, Page 7, Two-story Courtyard single-family homes standard, minimum front yard setback 20 feet. 11. Change, on Page 7A of the Specific Plan, Medium Density Residential (RM) Development standards- Single Family Cluster Courtyard to One- and Two - Story Single Cluster Courtyard Villas. 12. Page 7A. Single Family Cluster Courtyard Dwelling Units Standards. Add an Interior street building/landscape setback of 20 feet. 13. Page 7A. Single Family Cluster Courtyard Units. Change the setback from Tourist Commercial (casita units) from 5 feet to 10 feet. 14. Page 7A. Single Family Cluster Courtyard Dwelling Units Standards. Change the minimum perimeter building/landscape setback from Tourist Commercial District from 5 feet to 10 feet. 15. Add the following footnote to Page 7A of the Specific Plan, Medium Density Residential (RM) Development standards- One- and Two -Story Single Cluster Courtyard Villas Building Height 28ft*; *within the first 60' along Miles Avenue, measured from the south side of the 20' landscape setback parcel, the Maximum height of the One- and Two -Story Single Cluster Courtyard Villas units is 22'; within the next 60' to 150' along Miles Avenue, the Maximum height of the One- and Two -Story Single Cluster Courtyard Villas units is 26'; the height may be 28' outside the 150' setback. 16. Page 16. On -Site Improvements. Move the last bullet point, The Public Works Department shall consider the option to install a left turn pocket for Seeley Drive southbound, north of Miles Avenue to the off -site improvement section. 17. Exhibit B and F is for illustrative purposes and is subject to modification based upon the development standards in this Specific Plan and applicable Zoning Development Standards. 18. Page 8. Land Use Area IV. Add C. Prohibited Uses: 1. Helicopter Landing Areas; and, 2. Emergency Center. 224 23 CITY COUNCIL RESOLUTION 2003- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2001-055, AMENDMENT #1 ADOPTED: JUNE 3, 2003 19. Change, on Page 8 of the Specific Plan, Land Use Area III- 3.02-acre to 2.68-acre. 20. Change, on page 8 of the Specific Plan, Land Use Area IV- 9.73-acre to 9.22-acre. 21. Comply with the Coachella Valley Water District Letter dated January 30, 2002, Attachment A, unless modified by the District. 22. Streets shall be 28 feet wide with 12--foot setbacks with no parking on one side of the street for the One and Two Story Courtyard Villas located north of Seeley Drive and west of the Park. 23. The grading plan shall be approved with the site development permit by the Planning Commission. 24. The HOA shall maintain all common area landscaping in perpetuity. 25. The landscaping shall comply with the Water Efficiency Ordinance. 26. The boundary between the residential development and the park may be designed with compatible uses. 27. Eliminate the last paragraph on Page 22 under Circulation Element. 28. Add Exhibits B-1 (Concept Plan- Development Parcelling), B-2 (Concept Plan - Medical & Surgical Center), and B-3 (Concept Plan- Boutique Hotel) to the Specific Plan 225 24 ORDINANCE NO. A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND CENTER POINT DEVELOPMENT, LLC WHEREAS, California Government Code Section 65864 et seq. (the "Development Agreement Law") authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning and identifying the economic costs of such development; and WHEREAS, the La Quinta Redevelopment Agency has negotiated a disposition and development agreement (the "DDA") with Center Point Development, LLC (the "Developer") that is being considered concurrently herewith, pursuant to which the Developer may purchase certain real property located within the City (the "Property"); and WHEREAS, pursuant to the DDA, the Developer has an equitable interest in the Property and qualifies to enter into a development agreement pursuant to the Development Agreement Law; and WHEREAS, the City Council of the City of La Quinta, California ("City Council"), did on the 3rd of June, 2003, hold a duly noticed public hearing to consider a development agreement by and between the City of La Quinta and the Developer (the "Development Agreement"); and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 27th of May, 2003, hold a duly noticed Public Hearing to consider the Development Agreement and the recommendation of the Planning Commission has been received by the City Council; and, WHEREAS, at said City Council Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to justify approving the Development Agreement: 1. The proposed Development Agreement is consistent with the objectives, policies, general land uses and programs of the City of La Quinta General Plan and Specific Plan 2001-055. GAWPDOMOrdinancesUC DevAgrmt.doc 226 25 1 . The property is within the Tourist Commercial, Medium Density Residential, Office and Park Districts of the 2002 General Plan Update which permits the proposed use and the proposed use is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2). 2. The land uses authorized and regulations prescribed for the Development Agreement are compatible with the zoning and its related regulations now applicable to the property. The site is zoned Tourist Commercial, Medium Density Residential, Office, and Park which permits the proposed uses provided conditions are met. 3. The proposed Development Agreement conforms with public convenience and the general welfare by providing for extensive public improvements and conforms to good land use practice by requiring the development of a commercial development. 4. Approval of this Development Agreement will not be detrimental to the health, safety, and general welfare since adequate provision has been made in previous City approvals to provide for necessary and desirable improvements and since these approvals are incorporated herein. 5. Approval of this Development Agreement will not adversely affect the orderly development of the subject or surrounding property nor the preservation of area - wide property values, but rather will enhance them by encouraging planned, phased growth. 6. Consideration of the Development Agreement has been accomplished pursuant to California Government Code Section 65864 et seq. and the City of La Quinta Municipal Code Section 9.250.030, which governs Development Agreements. 7. The City Council authorizes the City Manager and City Attorney to make final modifications to the Agreement that are consistent with substantive terms of the Agreement approved hereby, and to thereafter sign the Agreement on behalf of the Agency. WHEREAS, all actions required to be taken by the City precedent to the adoption of this Ordinance have been regularly and duly taken. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: SECTION 1. APPROVAL. The City Council hereby approves and adopts the Development Agreement in the form presented to the City Council concurrent with the approval and adoption of this Ordinance, and authorizes and directs the Mayor to sign the Agreement on behalf of the City, and the City Clerk to record the Agreement in the GAVYTDOMOrdinancesUC DevAgrmt.doc 227 26 Ordinance No. Development Agreement 2003-006 Center Point Development LLC Adopted: June 3, 2003 Official Records of Riverside County in accordance with applicable law. SECTION 2 ENVIRONMENTAL. Said Development complies with the requirements of The Rules to Implement the California Environmental Quality Act of 1970 as amended (Resolution 83-63). The Community Development Department completed Environmental Assessment 2001-436, certifying a Mitigated Negative Declaration of environmental impact as adopted by the City Council on February 5, 2002 under Resolution 2002-07, for this Specific Plan 2001-055. An Addendum has been prepared for the proposed Specific Plan 2001-055, Amendment #1 and Development Agreement 2003-006. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental review pursuant to Public Resources Code Section 21166. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4: POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. The foregoing Ordinance was approved and adopted at a meeting of the City Council held on this day of , 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California G:\WPDOCS\ORDINANCES\CIC DEVAGRMT.DOC 228 27 Ordinance No. Development Agreement 2003-006 Center Point Development LLC Adopted: June 3, 2003 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 229 28 ATTACHMENT/2 �i L E C. O m 0 i Z g a a w U Z O U z \ <a H Z o� 0 40 Z 1—Q � W � Z O �0 N W �D — � T r Z / Sao .,1 t J N O ' J N lo®i c W LL / O O tQ z W U O OJ O / W a � ~ _ � U UJ W O. W 0g O G �z W Q U a � z g W U N U z a� N a < C COz N a H O m � c� w a -' < a z o Y c °D az 01) Oc w O J N U N m M tr a. OO am m v c to N t0 m h Co V ■ 29 ~`{v x w 2 30 31 232 ATTACHMENT /3 Planning Commission Minutes March 11, 2003 6. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt - Planning Commission Resolution 2003-010, approving Site Development Permit 2003- 760, as recommended. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. B. General Plan Amendment 2003-090. Zone Change 2003-111. and Specific Plan 2001-055 Amendment #1; a request of California Intelligent Communities and La Quinta Redevelopment Agency to review a request to add an Office land use designation, bringing the zoning into conformance with the General Plan and modify the Specific Plan development standards and uses for the property located at the southeast corner of Washington Street and Miles Avenue. 1. Chairman Butler opened the public hearing and asked for the staff report. Community Development Director Jerry Herman presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Butler asked if there were any questions of staff. Commissioner Robbins asked if there would be single family homes adjacent to the boutique hotel. Staff stated yes. 3. Commissioner Kirk asked why they were doing an amendment instead of replacing the specific plan. Staff stated typically when there is an existing document we amend the document unless the applicant wants to completely change the orientation of the specific plan. In this case the only change is to add the "Office" component. Commissioner Kirk asked if the park was designed to serve a broader community, or does it serve those associated with this project. Staff stated it is a neighborhood park that will serve both. 4. Commissioner Robbins asked if in the existing specific plan, where it calls out 1,200 square'foot detached units as the minimum size, for not less than 30% of the units, what are the remainder of the units. Staff stated they must be 1,400 square feet or greater. GAWPDOCS\PC 32 Minutes\3-11-03.w d 233 p Planning Commission Minutes March 11, 2003 5. Chairman Butler asked about the two story units. Staff explained no two story units could be built next to the existing single story, single family homes. 6. There being no further questions of staff, Chairman Butler asked if the applicant would like to address the Commission. Mr. Richard Oliphant, the applicant, gave a presentation on the project. He explained that in order to meet the City's requirements for development of the site they were required to build a hotel and provide affordable housing. In order to do this they needed an amenity to attract hotel users and the medical facility will do that. It will be an elective surgery, recuperative building. It will have no emergency facility. Their proposal is for a three story Hilton Hotel. The City is requiring a development that consists of 250 keys and they could not find a hotel, except the Hilton who will build 134 units and 132 casitas units rented by the hotel. The boutique hotel has 30 rooms is like a "fat farm". It is a very special, private, and expensive hotel. Each unit will have its own hot tub. The food menu will be structured for those on diets. It will include exercise rooms, massages and will be similar to the "Gold Door" up by Santa Barbara. He then introduced the architect for the hotel, Mr. Bob Bonney who gave an overview of the hotel uses. He explained the hotel is a maximum of 40 feet, or three stories. It is typical of the Homewood Suites product. The casitas units along Miles Avenue, will be 33 feet in height for the two story and 22 feet for the single story. The third part is the Sanctuary Boutique Hotel. Mr. Oliphant then introduced Mr. Paul Ehline, who would be constructing the residential product. He explained there would be 27 courtyard cluster units with two story units that would be 1,250 to 1,497 square feet. On the perimeter are single story units. The entry is a simulated raised bridge with a roundabout. Between the two story units would be a view corridor of 60-80 feet to maintain the view corridors for the existing homes to the east. The single story perimeter units will be 1,420 to 1,600 square feet. Mr. Oliphant introduced Mr. Jerry Futchlke, designer of the medical facilities, who gave a presentation on the facilities. He explained the wellness center is the surgical component and a rehabilitation center with beds. There will be a courtyard between the two buildings that will also serve as a focal point. The wellness center is a specialty facility with restricted licensing. It will not have an emergency department, nor any treatment offered for infectious diseases. He G:\WPDOCS\PC Minutes\3-11-03.wpd 33 234 Planning Commission Minutes March 11, 2003 continued with the types of uses the medical facility would offer. Mr. Oliphant introduced Mr. Marvin Roos, engineer for the project who reviewed the site layout. Ms. Emily Hemphill, attorney for' the project, raised questions on the conditions. She explained the specific plan currently shows the minimum building setback at 50 feet with a landscape setback of 15 feet. This is an error and should be a minimum building setback of 20 feet with a landscape setback of 15 feet for boutique hotel as it abuts the existing residential. She indicated where the four units would be that they would be moving to accommodate the pad heights. The second request is for the single family detached residential units within the clustered units. There are six units that have a ten foot setback from the property line. The specific plan currently requires a 20 foot setback from public or private streets. They would like to request some leeway so a few of those units may have a setback of ten feet. In order to allow this, they would like to suggest that the project be conditioned in the CC&R's, for this portion of the project, that all parking has to be in the enclosed garages., or within the designated guest parking area. 7. Commissioner Robbins asked for clarification on the type of surgeries that would be performed. Mr. Oliphant stated the doctors they have spoken with are renown for their work . in neurosurgery, orthopedic, vascular care, pain management, breast and prostrate management. 8. Commissioner Kirk asked why they did not apply for the site development permit at this time. Mr. Oliphant stated they had informed their neighbors they would provide as much information as possible as well as letting the Commission know how important the medical facility is to the project; there is no project without the medical facility as it is the economic engine that drives the hotel. Commissioner Kirk asked about the architectural guidelines used for the project. Ms. Margo Thiebault, engineer for the project, stated they are contained in Exhibit T" and were not modified from the currently approved plans. Commissioner Kirk asked if the intent was to build the models as indicated in the specific plan. Ms. Thiebault stated yes. Commissioner Kirk stated the details did not appear to be shown on the plans. They are missing the arcades, trellis' as mentioned in the architectural details. Mr. Bob Bonney stated the details are preliminary on the plans shown and will not be seen at this time. Commissioner Kirk stated he did not 235 G:\WPDOCS\PC Minutes\3-11-03.wpd 34 Planning Commission Minutes March 11, 2003 see it on the medical facility either and if the architectural detail is not to be included on the actual structure, the specific plan should be changed to reflect this. Mr. Futchlick stated they will reflect the architectural designs. 9. Chairman Butler asked if the medical facility is a two story or three story building. Mr. Futchlick stated it is a two story building. 10. Commissioner Kirk asked the purpose of the park as it related to this community and why it was not integrated more into the development. Is there any limitation on what can be done. Mr. Oliphant stated it was integrated, but because the use is for more than just this development it was designed for everyone's use. The single family component is being considered as a walled community and the park would be outside the walls. Commissioner Kirk asked the location of the swimming pools. Mr. Ehline noted them on the site plan. Mr. Ehline stated the residential units are rear loaded garages and there are trails throughout the project that will be managed by a homeowners' association. Commissioner Kirk asked if the streets were private or public. Mr. Oliphant stated private and they could be designed to be 28 feet with parking on one side. Commissioner Kirk asked if the photos shown were the elevations. Mr. Ehline stated they were the idea used for the elevations. 11. Commissioner Tyler questioned the grade elevations of the site and asked if it was going to be graded on the entire site. Mr. Roos stated the high elements will be graded down so the area next to the existing homes is the same elevation. As long as they are able to drain to the Evacuation Channel then will be able to keep the elevations low. Commissioner Tyler noted the two major concerns were the grading and the minimum lot sizes. He asked what areas of the site will have the 4,500 square foot house sizes. Mr. Oliphant stated that at the public meeting, the concerns noted were modified so the floor plans now meet the City requirements where no more than 30% can be 1,200 square feet and the rest would be over 1,400 square feet. Commissioner Tyler questioned the lot sizes. Mr. Ehline explained the lot area owned by the property owner and the area that is common area. He explained the smallest unit is 1,200 square feet and there are no two story units along Miles Avenue. 236 G:\WPDOCS\PC Minutes\3-11-03.wpd 35 Planning Commission Minutes March 11, 2003 12. Chairman Butler asked if there was any other public comment. Mr. David Lippert, 78-745 Rockberry Court, presented a petition in opposition to the project. He went on to state the approved specific plan and zone change is consistent with the land use compatibility. The approved specific plan conforms and matches the adjacent properties. The proposed plan does not conform to the adjacent properties and especially the 20 foot setback. The approved parking is 1.5 parking spaces per room. The proposed is one space per room. The Medium Density Residential land use designation has been approved for the 20 acres; the proposed is 11.2 acres. The detached dwellings are approved for 7,200 square feet or 4-8 units per acres. The proposed lot size is 4,500 square foot lot. The proposed plan allows up to eight dwellings per acres. The park/retention in the approved plan it is five acres; the proposed park is three acres. Why should this be reduced when there isn't enough parkland now? On the grading, the approved is a 90 degree elevation. The proposed it is 2.5 feet higher than the existing residences. The hotel was 107-108 feet, on the proposed plan and is proposed to be 112 feet. These elevation changes will affect everyones' site lines. The 4,000 square foot lots backing up to their houses of 8,500 square feet which does not allow any view because they can't see beyond the houses. They are requesting this amendment change be denied as it does not conform to the existing zoning. 13. Mr. Gary Boydston, 78-710 Rockberry Court, asked if Dr. Letherman was present. He asked if he was the CEO of this project? In what state is the medical center registered. What is the identify of the investors and who are the doctors to be in the medical building. He would like to have the names of the successful businesses they are referring to. He asked if it is true that there is a $22 million judgement against him. How can the Commission approve a zone change when it does not comply. Is the City willing to take a risk on this person. 14. Mrs. Jan Boydston, 78-710 Rockberry Court, stated they were against the three story medical facility as it is out of place next to a residential development because of light and traffic and will also be a problem with security. She is concerned about the sirens and the number of surgeries and whether or not it will support the project. The smaller homes and lots will affect their property values. Another concern is safety; having transient people behind G:\WPDOCS\PC Minutes\3-11-03.wpd 36 Planning Commission Minutes March 11, 2003 their house. She also voiced her concern about the amount of noise that would be raised from the existing neighborhood on the "Sanctuary". 15. Dr. Phillip Bretz, 50-105 Grandtraverse, stated he was in favor of the project and it will be world class facility. He also commended the applicant on his presentation. 16. Ms. Celeste Reid, 45-440 Coldbrook Lane, stated her concerns are the height of the buildings and the low income housing next to their homes as well as the lot sizes. She would like a better understanding of what is low income. 17. Mr. Nicholas Hemes, 49-165 Washington Street, stated he is in support of the development as the City needs the tax dollars. 18. Mr. Rick Winslow, 78-830 Zenith Way, stated he was in favor of the project and if the area is to be developed, this developer is the one who can do the best job for this site. 19. Mr. Jeff Burke 47-750 Adams Street, stated he also supports the project. He appreciates the development that has taken place so far in the City and commended the Commission. 20. Ms. Kam Melkesian, 50-795 Calle Guaymas, stated she was concerned about how dense the property will be and the traffic. Currently, at peak hours the traffic is already backed up at the Highway 111 and Washington Street signals. 21. There being no other public participation, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 22. Commissioner Abels stated a medical facility is great and having a facility like this is needed and he would support the project. 23. Commissioner Tyler stated the grading plan is a great improvement but a condition should be added ensuring the grading is as it has been stated. In regard to the question about affordable housing, it has to do with the average income of Riverside County and you will find that it is mostly the income for our firemen, policemen and teachers. In regard to the density, he would like to see that 238 iG:\WPDOCS\PC Minutes\3-11-03.wpd 37 Planning Commission Minutes March 11, 2003 revisited. Other than that it is a valuable project to the City.. However, it does need more work before the site development permit comes before the Commission. 24. Commissioner Kirk asked about the reduction in park size. He asked what the needs of the City were determined to be and why was the park size reduced. Community Development Director Jerry Herman explained the project to the east has a City park within the development. There is another park on Adams Street park and the idea for this park was for a smaller, more passive park that would be easier to maintain. Commissioner Kirk asked about the grading plan, if the grade would be cut back. Mr. Roos stated it would be 12 feet and the dirt would be moved to the hotel site. Commissioner Kirk asked if this was the reason the hotel was higher. Mr. Roos stated it was in relation to the casitas units to be a single level in relation to the hotel. There will. be some dirt that will need to be moved. Commissioner Kirk noted the elevation changes as noted by Mr. Lippert. Mr. Roos stated his statements were correct based on a retention philosophy. Their direction was to ensure all pads are at, or below the existing adjacent homes and this is what they have done. They still need to do' a balanced sheet on the site. This document will be contained in the specific plan. Commissioner Kirk suggested the grading plan be required to come back with the site development permit for approval. He asked if the subsidized housing was for the entire development. Staff stated it will be a mixed product with only moderate housing subsidized; maybe up to 40 being moderate. Commissioner Kirk asked how this project will look with this mix of uses. Will the landscaping of the entire site be managed due to the number of common area? Mr. Oliphant stated the HOA will maintain the site. The Ehline company is very detailed company with a lot of imagination given to their product. Commissioner Kirk asked if the conditions include managing the landscaping in perpetuity with a HOA. Staff would add the condition. Commissioner Kirk summarized that the park should be integrated into the residential communities as well as the medical facility. There are a lot of good elements, but maybe not tied together as well as they could be. He does want to see the park possible moved and the applicant given some flexibility to accomplish this. On the design itself he is not tied to the Spanish Colonial. He would support different designs. He supports some of Mr. Lippert's concerns and does not support the applicant's request for the setback changes. 38 ? 39 G:\WPDOCS\PC Minutes\3-11-03.wpd Planning Commission Minutes March 11, 2003 25. Commissioner Robbins stated his concern was in regard to the landscaping. There are three zones and only one is water efficient. He wants the project to conform to the Water Efficient Ordinance. He is concerned about the density. If these units were larger there still could only be two feet between the units. 26. Commissioner Tyler stated it is not clear if the developer will be required to cement the walls of the wash. Staff stated it will be required under the site development permit. Commissioner Tyler noted this has been a difficult piece of property to develop and was originally designed for high density apartments. 27. Commissioner Abels stated the Commission's biggest challenge will always be infill projects. 28. Commissioner Kirk asked why not adopt a specific plan that would take care govern over both the zone change and General Plan requests. City Attorney Kathy Jenson explained that a specific plan cannot override the General Plan. Staff clarified that in regard to the park, if it is to be a public park, you need the access to that park to be from everyone. If it is to be a private park it isn't accessible to the general public. 29. There being no further discussion, it was moved and seconded by Commissioners Kirk/Abets to adopt Planning Commission Resolution 2003-011, recommending approval of General Plan Amendment 2003-090, as recommended. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. 30. It was moved and seconded by Commissioners Kirk/Tyler to adopt Planning Commission Resolution 2003-012, approving Zone Change 2003-111, as recommended. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. G:\WPDOCS\PC Minutes\3-11-03.wpd 39 Planning Commission Minutes March 11, 2003 31. It was moved and seconded by Commissioners Kirk/Abels to adopt Planning Commission Resolution 2003-013, approving Specific Plan 2001-055, Amendment #1, as amended to add the following conditions: a. Condition #8: Move the last bullet point, "the Public Works Department shall consider the option to install a left turn pocket for Seeley Drive southbound north of Miles Avenue" to the "off -site improvement section". b. Condition # 1 1: January 30, 2002 C. Condition #13: Streets shall be 28 feet wide with 12 foot setbacks with no parking on one side of the street for the six parcels located north of Seeley Drive and west of the Park. d. Condition #14: The grading plan shall be approved with the site development permit by the Planning Commission. e. Condition #15: The HOA shall maintain all common area landscaping in perpetuity. f. Condition #16: The landscaping shall comply with the Water Efficiency Ordinance g. Condition #17: The boundary between the residential development and the park may be designed with compatible uses. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. Chairman Butler recessed the meeting at 9:25 p.m. and reconvened at 9:35 p.m. C. Environmental Assessment 2003-468, General Plan Amendment 2003- 089 Zone Change 2003-110 and Tentative Tract Mau 31123; a request of Vista Encanto La Quinta, LLP, for a recommendation to certify a Mitigated Negative Declaration of environmental impact; a request to amend the General. Plan from Very Low Density Residential to Low Density Residential on 19.6 acres; a request to rezone 19.6 acres from Residential Very Low Density to Residential Low Density; and a request to subdivide 19.6 acres into 60 residential lots on the property located on the north side of Avenue 52, 300 feet west of Vista Bonita Trail. 1. Chairman. Butler opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 40 241 G:\WPDOCS\PC Minutes\3-11-03.wpd ATTACHMENT N4 Minutes Planning Commission u Plan DRAFT 9 May 27, 2003 VI. PUBLIC HEARINGS: None 1. Development Agreement 2003-006; a request of California Intelligent Communities and the La Quinta Redevelopment Agency for consideration of a entering into a Development Agreement for the property located at the southeast corner of Miles Avenue and Washington Street. 1. Chairman Butler opened the public hearing and asked for the staff report. Community Development Director Jerry Herman presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Butler asked if there were any questions of staff. Commissioner Tyler asked staff to clarify what the "development plan" was in the staff report. Staff clarified this was the specific plan that had been approved by the Planning Commission and would be considered by the Council on June 3, 2003. Commissioner Tyler asked staff for clarification on the annual mitigation fee stated on Pages 3-4 of the Agreement. Staff would ask the City Attorney to review the question. 3. There being no further questions of staff, Chairman Butler asked 44� if the applicant would like to address the Commission. Mr. Richard Oliphant, developer of the project, gave a review of the Agreement and introduced Emily Hemphill, attorney for the applicant. Ms. Hemphill reviewed the changes that were under consideration. 4. Commissioner Tyler asked the length of the time before the homeowners' association would be assuming the fees. Ms. Hemphill explained that once the first unit closes escrow, the HOA has to be in place and would collect the fees. The developer will control the HOA in the beginning. 5. Chairman Butler asked if staff agreed with the changes as proposed by the applicant. Assistant City Attorney Michael Houston stated he would relay the Commission's information to the Council. 6. There being no questions of the applicant Chairman Butler asked if there was any other public comment on this project. Mr. Dave Lippert, 78-745 Rockberry Court, asked for clarification of the selling price of the homes. Staff clarified this information is contained in the Summary Report which is not before the G:\WPDOCS\PC Minutes\5-27-03WD.doc DRAFT 4, 242 DRAFT Planning Commission Minutes May 27, 2003 Commission. Mr. Lippert asked what changes were to be made to the Specific Plan. Chairman Butler stated this is not part of what was being considered at this meeting. 7. There being no other public participation, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 8. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-028 recommending approval of Development Agreement 2003-006, as amended: a. Replace Paragraph 2 of Resolution with the following: Recommend approval of the Development Agreement with the changes as noted and incorporate herein as approved and agreed to by the City Attorney. aROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. 2. Conditional Use Permit 2002-075; a request of Cham Thi Prince and Lee W. Jones for consideration of a use permit for a . Cosmetology School, in an existing commercial space located at 47-120 Dune Palms Road, th esouthwest corner of Highway 1 1 1 and Dune Palms. 1. Chairman Butler opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Butler asked if there were any questions of staff. Commissioner Robbins asked staff to explain why parking spaces were being reserved. Staff stated 20 spaces were reserved by the applicant based on the number of students that would be present at any one time at the school. Commissioner Robbins stated his concern was that if 20 parking spaces were reserved and only 16 students were present, none of the other uses would be able to use the remaining spaces. Staff stated the lease agreement could be modified at a later date if needed. DRAFT G:\WPDOCS\PC MINUTES\5-27-03WD.DOC 243 42 J��fiEO i s o w f MAJDiA DMEt PIAMCM WMAGE _ Mur oEsT � 1 u ouMfiw �a ♦O M1010 y7 February 6, 2003 ATTACHMENT 5 Desert Sands Unified School District 47-950 Dune Palms Road • La Quints. California 92253 • (760) 777.4200 Jerry Herman City of La Quinta Community Development Department P.O. Box 1504 La Quinta, Ca. 92253 r 3UJ � Z \� o Request for Comments: General plan amendment 2003-M,- Change of zone 2003-111; and specific Plan 2001-055, Amendment Number I. Southeast corner of Miles Avenue and Washington Street. Dear Mr. Herman: This is in response to your request for input on the above referenced project and its effect on public schools. All actions toward Commercial development will potentially result in an impact on our school system. School overcrowding is a District -wide concern for Desert Sands Unified School District. The District's ability to meet the educational needs of the public with new schools has been seriously impaired in recent years by local, state and federal budget cuts that have had a devastating impact on the financing of new schools. As you are aware, there is a school mitigation fee that is currently collected on all new development at the time building permits are issued. Please feel free to call me if you have further questions. Thank you. S, cerely, Peggy eyes, Director Facilities Services PR/mg 244 43 • Feb-1 "3 04:46pm From-WATH OISTRICT/COACHELLA VALLEY +7603063711 ESTAKISMED IN 1918 AS A PUBLIC AGENCY COACHELLA VALLEY WATER- DISTRICT POST OFFICE BOX 1058 • COACHM-LA, CALIFORNIA 92236 - TELEPHONE (M) 396-Ml DIRECTORS JOHN W. WICFADMM. PRESIDENT RUSSELL IOTAMARA, VICE PRESIDENT TELLM MEKAS PATRICIA A. LARSON PETER NEISON . OFHCERS THOws E. LE1K. GENERAL SUTTT . SEC ART January 30, 2002 STEM & Rwm. AssmANT TO GENEIM VANAGER REmm AND sNE MU- ATTaRNEYS File: 1150.14 Christine Di lorio City of La Quinta Community Development Department Post office Box 1504 La Quinta, California 92253 Dear Ms. Di Iorio: Subject: La Quinta Gateway, Environmental Assessment 2001 436, General Plan Amendment 2001-0837 Zone Chan a 2001-105 Specific Plan 2001-055 This is in response to the Specific Plan for the La Quinta Gateway that we receiand lanuary 14. This project will affect our domestic water system, sanitary sewer system stom-twater facilities. Our comments can be found in the enclosed Attachment A. if you have any questions please call Joe Cook, planning engineer, extension 292. Enclosure/)/as - JEC3l1 9\S%V%J=\6'0M N \- 0?-18-63 16:47 You very truly, Tom Levy General Manager -Chief Engineer TRUE CONSERVATION USE WATER WISELY RECEIVED FROM:+7693983711 44 feb-18-03 04 : 44m from -WATER DISTRICT/COACHELLA VALLEY +7683983711 T-706 P - 03/03 f-859 r Attachment A _ l . Page 157 section 3.3. Drainagtand Flood Control, to address the following: This project is adjacent to the Coachella Valley Stormwater Channel- This channel is sized to accommodate regional stormwater flows. On -site nuisance water may not be diverted to the channel. Exhibit "F" of the report shows proposed concrete channel lining adjacent to the project. However, the report only discusses on -site stoTmwater facilities. The district will require concrete slope protection on the channel bank to prevent erosion. Plans for slope protection must be submitted to and approved by the district. We request that this report include a statement regarding the construction of the concrete slope. 17 Page 17' section 304.2 Water Plan, to address the following: district's requirements. y. domestic well site to satisfy the distri This project will require 1 dom Exhibit "K„ identifies one existing well site adjacent to Miles Avenue. The City of La Quinta had previously dedicated this site to the district to satisfy a past well site requirement. Another well site is needed for the proposed La Quinta Gateway project. Both well sites wily require block walls, driveways, gates, landscaping, water stubs and drainage systems and must be located at least 1,000 feet from each other and the nearest well site.. The water distribution system sbown in Exhibit '%7 is regarded as an illustration for the purposes of this report and does not necessarily represent approved pipe sizes or layout for the i e configuration. Prior to construction, the district will require design calculations P P layout to detemiine water demand and fire flow water availability. 3. The specific plan should incorporate the water conservation goals of the Coachella. Valley Dram Water Management Plan (CVDWMP). Each new development adds. incrementally to the groundwater overdraft in the Coachella Valley. The CVDWW dated November 2000 was prepared to address the valley -wide overt. The CVDWMP sets goals to eliminate the overdraft and replenish the groundwater supply. These goals include water conservation measures, source substitution and groundwater recharge. Water conservation goals stated in the CVDWMP include reducing urban water demand bs ] 0 percent, agricultural water demands by 7 percent and existing golf course demands by percent. More efficient landscaping, irrigation and plumbing and similar conservation efforts may help meet these goals. The source substitution goals stated in the CVDVIMP Jude providing canal water and recycled water to golf courses, treating canal water use and desalting agricultural drain water for reuse- - The groundwater recharge goals stated in the CVDWW include continuing the current level of groundwater recharge in the upper valley and implementing a lower valley groundwater recharge program which will require groundwater pumpers in the lower valley benefit area to pay replenishment fees. Future development within the project area will contribute incrementally to the valley -wide overdraft. 'therefore, the project must include mitigation measures to offset the incremental o specific tan contribution to the overdraft. Incorporating the goals of the CVDVVMP into the sp P to protect the valley's groundwater supplies will assure adequate supplies of safe, high quality water to the City of La Quints by requmng compliance with the CVDWMY. rEc.jl\M&wj aa\diiorio 241; 02-18-03 16:48 RECEIVED FROM:+7663983711 4J lmptRi I iRRIG-110N oislRicl COACHELLA VALLEY POWER DIVISION 81-600 AVENUE 58 - P. O. BOX 1080 - LA OUINTA, CALIFO RNIA 92253-1080 TELEPHONE (760) 398-5854 - FAX (760) 391- 5999 - r February 26, 2003 IIDPD-DDC 3Q.r J F 1 :c-P-4:aiu.d + DFA'r LQ ME" City of La Quinta FF°F__'a,A...... . Jerry Herman, Dev. Director PO Box 1504 La Quinta, CA 92253 Subject: GPA 2003-090, C of Z 2003-1111 SP 2001-055, Amendment No. 1 Review of the plans for the above mentioned project determined it would impact electric service to the area. The cumulative impact of projects of this size increase the electrical demand on the IID's existing facilities at peak loading periods, and results in the need for additional generation, transmission, substation, and distribution facilities. When additional facilities are needed, projects of this magnitude directly impact power rates in the IID s service area and may results in higher electric rates in future years. Although the Imperial Irrigation District has received these preliminary plans for impact assessment, we will not begin to engineer nor derive cost estimates for this projectuntil the owner/developer/contractor applies for electrical service. This procedure helps eliminate wasted manpower spent on projects that never reach construction stage. If you have any questions regarding this matter, or if I can be of further assistance, please contact me at (760) 398-5825. Sincerely, Enrique De Leon Distribution Supervisor cc: C. King, Div. Supt. EDUms 247 al February lg, 2003 A4'� IN TA Z rro: Jerry .Merman Al. City of La Quinta Redevelopment .agency "%ytY ,FromXristina -%f. Archer Re: Center Point Dear Mr. Merman., I would like to take this opportunity to introduce myself. My name is Xristina .Archer and I currently reside at 45 415 Cofa$rook .Cane, La Quinta. I have been a desert resident in business here for 16 years. My home is one of the properties that backs up to the sand dune on the southeast corner of Miles and Washington where the proposed Center Point project is to be Located at. I am also one- the residents who attended your very informative meeting held at The FaCCs Steakhouse. I want to thank you and your associates for taking the time to meet with alCof us andfor aCLotiving us to express our concerns and desires for the project. I must aCso ted you that I was one of the attendees who arrived with a slight attitude regarding the proposaCbut after Listening to the presentation Ceft with many positive things to consider. ,First and foremost of those considerations regarding this development is how specifically this project is going to effect me. Next for me to consider is the overall effect on the wonderfuC neighborhoodandneighbors that I have enjoyedgetting to know in the time that we have ad ived here. Many of us have formed fife long bonds that wid be carried with us throughout our Cifetime. our chiCdren play safety together and ('lave been able to experience the values and Cfestyle that come with Living in a residential community. In addition, for those of us whose properties back up to the undeveloped desert, we have been blessed to enjoy the serene views of the pristine mountains that the desert communities have built their trademark resort CifestyCe upon. ,For many of us, the 47 248 views also came with a considerable Cot assessment to the original price of our properties. .After attending the meeting Monday evening, I decided to took at the complete picture of this matter. I determined that I would try to remove my narcissistic desires that could keep me from being objective as to 'what woufdnot only be goodfor my neighborhood but the City of La 2uinta as wefC I also questionedmyseff as to what precisely my concerns were andwhat priority they held regarding the development. Of course, the first to come to mind is not only the loss of our views but also the values of our properties and the overall safety of our residents. Many have expressed concern that commercial development so close to the back wat& of our Homes could jeopardize the safety of their families andpersonaCbelongings. ,Added concerns would also be that of traffic noise, lighting pollution as weff as invasion of privacy if two-story homes and casitas were to be built behind existing sir gie-story homes. With all of that in mini; I decided to narrow it down to what I felt was the bottom fine of concern here..Anci; that for me is one of being able to feefsafe and secure within my home and my property. I'll be the first to admit that I tivoulanot 6e of utmost integrity if I saidl dud not have concern about Coosing the incredible views that I have truCy been blessed to enjoy here. But man's basic needs in fife are to be feaC clotheaC and to have the Cove of famiCy and friends, but most of aft 710 ,FEEL S.AIT .ADD SECURE. This safety and security should most be felt within the confines of one's home first aswell as on a nationa.CandglobaCscale. With the uncertainty of our global security many more of us are seeking refuge within the comforts of our famiCy, friends, and homes. I for one certainly woufdnot feeCthat sense of security if I feCt that I was now under the visual microscope of my adoining neighbors residing in two- story dweCCings behindme. So now, this issue has boiled down to the matter of the grading for this development. THAT is what RE.ALL y matters for those of us who back up to the proposedpfan. We would Ctke to retain our sense of privacy andsecurity as welfas retain what views of the mountains that we may have. -as we aCCknow, what isgainedalso .?49 48 comes with a Coss of some kind Though we realize that we wid not be fully able to maintain the views we now enjoy, we know as weIT that the sense of security andprivacy -that we -most desire can be achieved by bringing the sand dune dawn to our CeveC By utilizing creative landscaping buffer zones an effect of privacy can also be created Now this does not mean I am wiating to Cook out my back wad and onto that of an elevated wad.either. I am hoping that the developers of this project consider the visuaCeffects on our neighborhood 'When we purchased our homes we were assured by the Redevelopment .Agency that only single -story, single famiCy homes' would be built behind us. It has now become apparent that .the city council has decided that on a grand- scale Center Point woufd be an even bigger a.dvantagetto the community of La 2uinta. I cannot say I disagree. Center Point wid bring not only jobs to the community as wed as revenue but afro an upscale introduction to the city. For those of us Cooking to move beyond this neighborhood for resaCe or rental the businesses behindus -wid afro bring a real estate market to the area. Nany people wid be Cooking for homes that are close to where they widno w be employed .As Cong as the housing developments that are to be built stay within tFie price range of the existing homes we should see our vaCues not onCy hold but rise as a result of. For the overaffbenefit of the community I beCteve that Center Point wid be a valuable asset to the City of La Q,uinta. So with all of this sa" as Cong as the concerns of grading are met on this matter you wid have my l 00% total support of this project and I wif(do adthat I can to enlist the support of my feCCow neighbors as weCC. I beCieve in Richard Oliphant and all that he has done to enrich the vaCCey over his many years here. I personally feeCmore comfortable with a local developer in charge andwould much prefer that than one from out of the area. If commercial development is slated for that corner, I for one support an upscale development as opposed to Cower end housing and or commerciaCprojects: e.g., fast food gas stations, etc... the only other comment I can think of to make at this time is a consideration of the spelling of the name for the project. Right now it is designated to be Center Point. My thought on this is to �?50 49 consider that since an upscale tone is being sought here, how about an upscale speCCing? Ny suggestion would be to either sped the - -name Centre -Pointe-or better yet, a complete change of name to Centre Pointe at La Quinta Norte. That way when visitors come to the area they wid not only have the confirmation of which city they are in but also clarify that they are within the "northern" Limits of US Hwy. 111. I know that this fetter has been lengthy, but I appreciate your time on this matter not only with the meeting Nonday night but also the phone calls and upcoming visits that many of you will be making to our neighborhood ?hank you once again for giving us a venue to express our concerns. I believe that I can say most of us Cook forward to a beautififandsuccessfulproject for the City of La 2.uinta and the rest of the Coacheffa Vadey as welf If I can be of further assistance on this matter please feeffree to contact me at: ( 76o ) 831-4704. Again, I thank you for your time and consideration. Sincerely, Xristina N. Archer alms/hs Cc: Susan Burton Ehfine Development Company Richard Oliphant 251 50 40 February 21, 2003 City of La Quinta P.O. Box 1504 La Quinta, CA 92253 To: Redevelopment Agency Attention: Jerry Herman Regarding: Center Point Project IDECEIV TEB 2 42003 r. ��'' ppF� qq com O�PA M NTPMENi As residents having attended the meeting of 2/10/03 regarding the Center Point Project, it was a little disturbing that nobody knew what the grading would be. Especially the grading right next to our wall (45-395 Coldbrook Lane) with the single story homes and single story Boutique Hotels. The proposed project maybe very good but the grading is our biggest concern. The single story homes and single story Boutique Hotels should be on our level. If the property is graded in tears we along with our neighbors will lose our view and have the new homes looking into our back yards. Our privacy will no longer exist. Surely this will cause our property to decrease in value. Our other concerns would be the lighting for the proposed Boutique Hotels, Medical Center and Parking Lots. If these issues could be resolved we feel the families living along the westside of Coldbrook Lane and Rockberry Court maybe satisfied with the proposed project. Sincerely, Carl & Helga Paul Phone: 760 200-2503 Email: CP92253@AOL.com -45 395 ��ioo� ..�`ar� 51 City of La Quinta Mr. Jerry Herman P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253-1504 Dear Mr. Herman, March 6, 2003 - -James & Brandy-Mundo 45355 Coldbrook Lane La Quinta, CA 92253 0Ili i l W Is CSI We are writing to express our concerns about the Centre Point Project, proposed for the southeast corner of Washington and Miles Street, in La Quinta. Our home backs up to this property and naturally, are concerned about what will be built. in our backyard. While we always knew that something would eventually be built on this property, we have some reservations with the current proposal. The current proposal shows single family homes being built. on the land, directly behind our home. The proposal also shows that these homes would be elevated several feet, due to the grade of the land. We feel that this is unfair to us, and will significantly reduce our mountain views and reduce our property's value. I would like to know the reason for not leveling this grade so it is equal to our home and others on Coldbrook Lane. We accept the fact that this land needs to be developed and in fact we welcome it. We do not however, accept the proposal in its current form. We look forward to your response. /SScerely 253 52 Message Page 1 of 1 Jerry Herman From: Scott Hay [scoff a@infoswitching.com] Sent: Saturday, May 24, 2003 3:25 PM To: Jerry Herman Subject: Center Point Project Jerry, I just wanted to pass on to you that I think Richard Oliphant and his staff have done a great job and have a great plan with the Center Point Project. As a neighbor just east of the project I think they have worked hard to address everyone's concerns as best as possible. I feel the project is perfect. I don't see any negative impact on the housing to the east yet it brings to the city things we need including T.O.T. and subsidized housing. A great side benefit to us is no more blow sand from that property. Keep up the great work. Thanks, Scott Hay 78-815 Wakefield Circle La Quinta, CA 92253 254 05/29/2003 53 s or I Petition to Oppose the Center Point Project We, the undersigned, vehemently oppose the Center Point project. We strongly urge the City of La Quinta to not approve the proposed project and its zone changes. We -feel -strongly that the Center -Point project would adversely affect our community as a whole. The safety of our families and the safety and preservation of North La Ouinta's neighborhoods are at risk. PRINT NAME ADDRESS SIGNATURE 1 I)/q X/ 2_J 3 c 4� e Ll 5 l� 6 7 8 9 10 12 ` 13 14 Di 15� 16 17 C. 18 19 ! 20 21 Sc 22 �r 23 .24 — 25ic 54 Petition to Oppose the Cdnter Point Project We, the undersigned, vehemently oppose the Center Point project. We strongly urge the City of La Quinta to not approve the proposed project and its zone changes, We feel strongly that the Center Point project would adversely affect our community as a whole. The safety of our families and the safety and preservation of North La Ouinta's neighborhoods are at risk. PRINT NAME 1- i 2 "— 4 3 dM 4�c 6 dLk U. 7'la2C'1 9� 10 12 13 14 15 16/�.� 17 18 i 20 21 'rJI �,(-W 22 23 AZ.c-� 24 25 ADDRESS 55 '?J ..{, < r • Petition to Oppose the Center Point Project We, the undersigned, vehemently oppose the Center Point project. We strongly urge the City of La Quinta to not approve the proposed project and -its zone changes. We feel strongly that the Center Point project would -adversely affect our community as a whole. The safety of our families and the safety and Dreservation of North La Ouinta's neighborhoods are at risk. dw —•' =e0 AM IIIIIIIIIIIIIIIIIII�iny kIVI 10:20711ii Elva NIN OA MIJ 1 I . FlUd . r'!/MU : _ IRIM X r— i �0�_ 1` Fs MY • f / / �,'ll� ffjz'/'-jmmmt��M �, ��%i�•'_1ii'r��'i„�� = '��rrr� ; .�t�a�;!l�/�4G."�I.i i 22 23 24 25 257 56 May 8, 2003 413103 City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Re: Center Point Project - S/E Comer Washington Street/Miles Avenue Attn: Mayor and City Council Members Dear Mayor and City Council Members, Please find attached petition regarding the above referenced project. I have written letters (copies attached) to Dick Oliphant and have got no response. In his March 5 letter, Dick Olpihant states that "It was our hope to distribute this plan (preliminary grading plan) to all of you (neighbors) before the March 11 meeting, but our engineers were not able to meet that early of a deadline. " I have requested to see a copy of this in my April 10 letter (copy attached). As of today we have not seen any grading plans. Also in his March 5 letter he states that "The Sanctuary (Boutique Hotel) will feature low -density, one story buildings. Again, privacy and security will appeal to visitors, and you again will benefit. " This statement is a contrast to his March 31 letter (copy attached) in which he states, "The boutique hotel is being reviewed and it will not fit on the site with a 50 foot setback as designed. Since it cannot be relocated on the site, we have to either ask for the council to consider the 20 foot setback in our design proposal, or possibly redesign it in a 2-story configuration. Our meetings with the city will determine which avenue they want us to pursue. In any event, the council expects the boutique hotel to be built to help satisfying the bed tax requirements for this site. " The planning commission denied a 20-foot setback request on March 11. If the planning commission denied this request, why would he ask the city council to approve it? His specific plan calls for 50-foot setbacks and 1-story buildings along the adjacent properties. Isn't a developer required to get approval from the planning commission before it goes to city council? Maybe it should go back to the planning commission? Susan Burton (773-3357) also told us that a meeting with the neighbors would be held on May 5. As of this morning no meeting has been scheduled. It is our contention that the developer is not addressing our input, suggestions, and concerns. I would like to request a meeting with the city council, Dick Oliphant, and the neighbors be held before the May 20 city council meeting. I appreciate you taking the time to read my letter. If you should have any questions I can be reached at home 360-4241, work 345- 1778, or cell 668-3001. Sincerely, Dave Lippe rf 78745 Rockberry Court La Quinta, CA 92253 ,?,58 Petition to Oppose the Center Point Project We, the undersigned, vehemently oppose the Center Point project. We strongly urge the City of La Quinta to not approve the proposed project and its zone changes. We feel strongly that the Center Point project would adversely affect our community as a whole. The safety of our families and the safety and preservation of North La Quinta's neighborhoods are at risk. nnmr►r XT A 3,2' e r)nRFRR SIGNAYVRE 1_i2A 2 Af- 3 �f 4,'2L 5 L/ 6 ,/ 7/2 8 9 10 (111 11 12 13 1 14 L 15 16 17 18 C- 20 19 21 22 23� 24 _L 25 253 do Petition to Oppose the Center Point Project We, the undersigned, vehemently oppose the Center Point project. We strongly urge the City of La Quinta to not approve the proposed project and its zone changes* We feel strongly that the Center Point project would adversely affect our community as a whole. The safety of our families and the safety and ,preservation of North La Ouinta's neighborhoods are at risk. PRINT NAME ADDRESS SIGNAL in / 1 -Y/ 2- 3 4- 5 ��1 6 7 8 s -� 10 11 12 13 14 15 16 17 r 18 L 1 i 20 ' 21 22 23 24 25 �. 260 ;0 2 3 4 5 6 7 8 9 10 11-.� 12 13 14T 15 16� 17 i 18� 19/ 22 23 24 25 Petition to Oppose the Center Point Project We, the undersigned, vehemently oppose the Center Point project. We strongly urge the City of La Quinta to not approve the proposed project and its zone changes. We feel strongly that the Center Point project would adversely affect our community as a whole. The safety of our families and the safety and preservation of North La Ouinta's neighborhoods are at risk. PRINT NAME ADDRESS SIGNATURE )i I J 'J--A 40t- Ca-304, Li-i CA I"t'AtA I(q; � C/Ae'q , 261 April 10, 2003 Center Point 44-139 Monterey Avenue, Suite 201 Palm Desert, CA 92260 Re: Center Point Project Attn: Richard R. Oliphant Dear Richard, This letter is in response to you letter dated March 31, 2003 and received April 10, 2003 regarding the above referenced project. We are excited that you are completing the final grading plans and that the elevations of the single family homes will be at the same elevation or lower than the existing homes. I am requesting a copy of the final grading plans at -least two weeks before the requested continuance date as requested by the Community Development Department date of May 20, 2003. If that this is not possible I am requesting that I see a copy in the same time frame as stated above. In your letter you stated that the "Ehline Development Company has also reduced the number of homes originally approved by the City of La Quinta to include 90 homes to 74 homes." Specific Plan SPO1-055 page 6 reads as follows: Maximum number of units up to 90 This means the maximum number of units is 90. It does not mean that 90 units were going to be built. Your attention is directed to your Amended Specific Plan (page 7, revised March 5, 2003), which reads as follows: Maximum Number of units 90 To me, both plans read the same way. As stated above this is the maximum number of units that could be built. Just as you are proposing to build 74 units, so could the city based on the above. Therefore, it is incorrect and inaccurate to say in your letter that the city is going to build 90 homes. 262 In your letter you also stated "As a result, the size of the lots will increase. The city's Specific Plan allows for 7.8 homes per acre. The Ehlines are planning for 6.5 homes per acre." Please explain how you came up with these figures. I come up with number of homes per acre that is substantially different based on the following: Per the City's Specific Plan page 6 minimum lot size is 7,200 sq. ft. 43,560 sq. ft. per acre / 7,200 sq. ft. = 6.05 homes per acre not 7.8 homes per acre Per your Specific Plan page 7 minimum lot size is 4,500 sq. ft. 43,560 sq. ft. per acre / 4,500 sq. ft. = 9.68 homes per acre not 6.5 homes per acre Please, explain how you arrived at these numbers. I cannot see how you came up with these figures. You also stated that you have met with "sixteen of the doctors scheduled to practice" and are "going through an interview process for a new administrator." Please provide names, addresses, specialty, and phone numbers of these doctors. Also I am requesting that you provide me with the name of the former administrator and the reasons for having to find a new administrator. The medical building "is on a pad nearly eight feet below the elevation of the hotel." as stated in your letter. Based on this information I am again requesting to have or review a copy of the grading plan as soon as possible. Lastly, you state that the "boutique hotel will not fit on the site with a 50 ft. setback as designed. Since it cannot be relocated on the site, we have to either ask the council to consider the 20 ft. setback in our design proposal, or possibly redesign it in a 2-story configuration. Our meetings with the city will determine which avenue they want us to pursue. In any event, the council expects the boutique hotel to be built to help in satisfying the bed tax requirements for this site." Foremost, a boutique hotel is unacceptable adjacent to existing residential homes. Secondly, a 20 ft. setback is a complete lack of respect to the families who would have to live next to it. Any type of hotel should not be built adjacent to existing residential homes per Section 9.220.010 of the City of La Quinta Ordinance that states: 3. Land Use Compatibility. The new zoning is compatible with the Zoning on adjacent properties. This section states very clearly that any type of hotel is not compatible with the existing adjacent residential properties. 263 Your prompt response to my above requests is greatly appreciated, as I can see your intentions are to satisfy the concerned residents of La Quinta. If you should have any questions I can be reached at (760) 360-4241 Sincerely, David R. Lippert 78-745 Rockberry Court La Quinta, CA 92253 0 N ar 0 09 -h 0. O r.i. d 0 3 c 4 �orno rt �. Er Oz Er a3 c I A 0 c o c a� o °` c N -v C O � � rDMn 0 0 rr MNCD •ao° _ fD to !D Cr M Cr �a d n m m 3� o ° o c. � rt 0 d .0 O a a � x-� c- V O V 'S w ? o go a EE 0 0 2650 hp officejet d145 printer/fax/wmner/copier Last Transaction Date Time _Tyl2e Identification Fax -History Report for Apr 112003 5:16pm Duration Pales Resu Apr 11 5:14pm Fax Sent 7730018 2:31 4 OK 266 hp officejet d145 printer/fax/scanner/copier Fax -History Report for May 08 2003 5:32pm Last Transaction Date Time Type Identification Duratio Pages Rau May 8 5:29pm Fax Sent 7730018 3:30 6 OK 267 April 30, 2003 Center Point 44-139 Monterey Avenue, Suite 201 Palm Desert, CA 92260 Re: Center Point Project Response to my letter dated April 10, 2003 (copy attached) Attn: Richard R. Oliphant Dear Richard, Attached please find a copy of my letter dated April 10, 2003 that was faxed April 11, 2003 at 5:14 pm (see attached fax -history report). This letter is in response to your letter dated March 31, 2003 and received April 10, 2003 Your prompt written response to my letter is greatly appreciated, as I can see your intentions are to satisfy the concerned residents of La Quinta. If you should have any questions I can be reached at (760) 360-4241 Sincerely, David R. Lippert 78-745 Rockberry Court La Quinta, CA 92253 cc: Mayor and City Council Members, City of La Quinta 268 May 10, 2003 Center Point 44-13 9 Monterey Avenue, Suite 201 Palm Desert, CA 92260 Re: Center Point Project Attn: Richard R. Oliphant Dear Richard, I appreciate your response (letter dated May 6, 2003) to my letter dated April 10, 2003. However, you have not answered any of my questions or responded to any of my requests. I have attached a copy of my letter dated April 10, 2003 for your reference. I would appreciate it if you address the issues at hand. The following is a summary of my letter: 1. Please explain how the Ehline Development Company has reduced the number of homes being built from what the city had approved. See page 1 of my letter dated April 10, 2003 2. Please explain how you arrived at your number of homes per acre versus what the city had approved. See page 2 of my letter dated April 10, 2003 3. Please provide me with the name of the former administrator and the reasons for having to find a new one. Also could you give an update on how this interview. process to find a new administrator" is coming along? See page 2 of my letter dated April 10, 2003 4. Please provide names, addresses, specialty, and phone numbers of the "sixteen doctors scheduled to practice". See page 2 of my letter dated April 10, 2003 5. Please respond to my concerns regarding the Boutique Hotel. See page 2 of my letter dated April 10, 2003 6. Please provide a copy or provide an opportunity to review the "final grading plans". See page 1 and 2 of my letter dated April 10, 2003 You stated in your March 31, 2003 letter that you "are now completing the final grading plans", therefore one would think they are finished now. 7. Susan Burton told several "neighbors" including myself that the development team was going to hold a meeting on May 5, 2003 to discuss any changes. This day has since past. Are you still planning on having a meeting? 269 Your prompt response to my above requests is greatly appreciated. If you should have any questions I can be reached at (760) 360-4241 Sincerely, Z--t cllaovt Dave Lippert 78745 Rockberry Court La Quinta, CA 92253 Cc: Mayor and City Council Members, City of La Quinta 270 hp officejet d145 printer/fax/ scanner/copier Fax -History Report for May 09 2003 9:52pm Last Transaction May 9 9:49pm Fax Sent 7730018 3:38 6 OIL 271 May 26, 2003 Center Point 44-139 Monterey Avenue, Suite 201 Palm Desert, CA 92260 Re: Center Point Project Response to your letter dated May 16, 2003(copy attached) Attn: Richard R. Oliphant Dear Richard, In your May 16, 2003 letter you state, "The Ehline Development Company's single family community will now offer only 54 homes south of Seeley. Perimeter homes will be compatible with your existing homes, as will the "Village, " two story homes in the center of the area. The exterior lots will be dedicated to homes priced similarly or above what you paid for yours. The interior homes will be of equal value, but subsidized byhe City for qualified buyers. " In detail, please explain how the "perimeter homes will be compatible with our existing homes ". How many acres for Land Use Area II are south of Seeley? What will be the size of the lots and houses (square feet) for this area? The rear yard setback is 20 feet minimum. Will all these "perimeter homes" be built at 20 feet or a greater distance? Please provide the figures that you used in determining that these homes wall bepriced similarly or above what you paid for yours" and share with us what you will be asking for these homes. Regarding the blow sand problem, you state "there is nothing we can do at this time to assist you, despite the fact we would like to eliminate the problem, and will move quickly once we have permits in hand. " The blow sand problem is the responsibility ground the property owner, which at this time is the City of La Quinta. Until you break you are not responsible. On the other hand, you do not need permits to control a site that has had multiple AQMD and City of La Quinta. complaints. The last sentence of your letter states, "Let us know if you have additional questions. " I still have not received any answers to my questions per my previous letters. I have attached copies for your use. 27�- Your prompt written responses to my letters are greatly appreciated. If you should have any questions I can be reached at (760) 360-4241 Sincerely, David R. Lippert 78-745 Rockberry Court La Quinta, CA 92253 cc: Mayor and City Council Members, City of La Quinta. 273 JT officejet d145 Fax-thstory Repot for _ rater/fax/scanner/copier May 17 2003 6:24pm Last Transaction Ti T Trlentif cation D r r Ti �� May P 27 f :22 m Fax Sent 7730018 1:20 1 OK 274 March 5, 2003 Dear Neighbors: My associates Paul and Dick Ehline, Dennis French, Curtis Pickering and Francis Wong join me in expressing our appreciation for your taking the time to attend our coffee at The Falls. We were all very impressed by the turn out and the opportunity you afforded us to explain our project. Your input was of vital importance to us. We also appreciate your calls since Feb. 10'' with suggestions and concerns. Our hotline at (760) 773-3357 is open daily from 7:30 a.m. to 7:30 p.m. and offers you the opportunity to ask new questions or raise new issues that might crop up. I would like to repeat the ground rules set by the City's Redevelopment Agency for any developer to go forward on this strategically located land. The land was purchased with low and moderate income housing money in mind. Commonly referred to as the 20 percent set aside from redevelopment revenues, the land, by law, must have a minimum of 40 subsidized homes to allow any development. The land was not purchased primarily for housing projects. The original concept was to construct hundreds of apartments on the site, but was later revised to help satisfy the City's long-term goal of developing 1,800 new hotel rooms in the City. Many development proposals were submitted to the City in the past and failed because the developer could not produce the required hotel. There must be a hotel and it must be built in the first phase of construction. The Center Point plan accomplishes the City's goals and also makes a real effort to consider the concerns of the surrounding homeowners. We know that with your valuable input our plan can be improved. Your recent inquiries include the following: Center Point 44-139 Monterey Avenue Suite 201 Palm Desert California 92260 760.773.3357 275 A. Blow Sand Created During the Grading Process When you purchased your home, blow sand was an issue across the desert. Since that time, a plan was adopted for the Coachella Valley that addresses the blowing sand issue. You will notice large signs on new developments that give a project name, a contact name and a phone number should you observe sand blowing from the property. The plan, a Federal EPA directive enforced by the California Air Quality Control Board, is in effect and the penalties for allowing sand to blow during grading are great. B. Maintenance of Current Views We have received the elevations of our proposed development and walked the property with our engineers. Although we will not have a final grading plan completed before the Planning Commission meeting, we will have a preliminary plan. The plan will show our development next to the wall at the same elevation as your subdivision. We will be removing the dune area and moving the dirt to a very low area in the southwest corner next to Miles Avenue and the bridge. That will be a parking area for the Medical Office facility. It was our hope to distribute this plan to all of you before the March 11 th meeting, but our engineers were not able to meet that early a deadline. The homes constructed along the wall will be single-family/single-story and will have finishes and elevations similar to your current home. The two-story homes to be built in the middle of the housing area are designed to allow view corridors between them so as to provide optimum views. The homes meet the City Code for developments of this type. At least thirty percent of the homes will be 1,200 square feet or greater and the balance 1,400 square feet and beyond -- some with optional caritas. Any construction west of your walls will have varying affects on your line of sight. Rest assured, we are mindful of your concerns and will mitigate them to the best of our ability. We truly believe that our multiple use plan will enhance your property values. Center Point brings a stability and worth far beyond vacant land. C. Privacy and Security The uses we are proposing rely on security. The Medical Campus is a surgical and recuperative center attracting clients from across the nation. This is not -a Medicare or medical facility and does not offer the same services as a hospital. No emergency room. No wailing ambulances. It will be a world -class facility and add value to the neighborhood. The surgeries performed will -be elective and pre -scheduled. 279 The medical staff will be made up of doctors renowned and recognized in where ir respective fields. Some of the surgical rooms will be operating theaters re specialists and medical residents may come to observe and learn. You will benefit from the privacy and security of the facility. D. The boutique hotel is similar to a "Golden Door" where visitors come for is pampering, diet programs, exercise programs and massages. ThSanctuary geared to a high -end market and secluded. The site will be extensively landscaped with a long and.welcoming entrance drive. The Sanctuary will feature low -density, one story buildings. Again, privacy and security will appeal to visitors, and you will again benefit. E. The hotel will be an extended stay facility of 134 rooms in a three -store building. Currently the hotel is scheduled to fly the Hilton Homewood flag. architecture is planned to make an "entry statement for the City. There will also be two restaurants — one serving three meals a day and the other a specialty restaurant such as a Red Lobster or Cheesecake Factory. F. The Casita project will consist of 132 units in one and two story buildings. The Casitas are designed to be used in a rental pool managed by the hotel. They x iyill w be of similar architecture to the hotel in order that the resort is in tots 9 ny and appears to be one facility. The City is requiring us to provide at least 200 hotel rooms and this is our way of meeting the requirement. The Casitas will also offer a swimming pool and a clubhouse facility. I want to again thank you for your positive input. We will continue to stay in touch to provide you with our latest information. Sincerely, Richard R. Oliphant RRO/sbt 277 March 31, 2003 Dear Center Point Neighbors: We are moving along with the plans for Center Point and have several updates that we would like to share with you. We are now completing the final grading plans and have determined that the building plan elevations of the single family homes will be at the same level or lower than your existing homes. The Ehline Development Company has also reduced the number of homes originally approved by the City of La Quinta to include 90 homes to just 74 homes. As a result, the size of the lots will increase. The city's Specific Plan allows for 7.8 homes per acre. The Ehlines are planning for 6.5 homes per acre. In addition, ALL the Park Place homes will be larger than required by the city, some in excess of 2000 square feet with casitas. As soon as the grading plans are complete, we would be happy for you to see them. With regard to the medical facility, sixteen of the doctors scheduled to practice in the medical campus met with us this week and are going through an interview process for a new administrator. The original representative of the doctors is no longer involved in the project. The medical building has been lowered from three stories to two stories and is on a pad nearly eight feet below the elevation of the hotel. The hotel remains three stories and at the same elevation as approved in the city's original approved Specific Plan. The franchise has been awarded and it is a Hilton Homewood Suites. The boutique hotel is being reviewed and it will not fit on the site with a 50' set back as designed. Since it cannot be relocated on the site, we have to either ask for the council to consider the 20' setback in our design proposal, or possibly redesign it in a 2 story configuration. Our meetings with the city will determine which avenue they want us to pursue. In any event, the council expects the boutique hotel to be built to help in satisfying the bed tax requirements for this site. As promised, we will continue to keep you apprised of any new developments to insure that Center Point will be an asset to both you and the city. Sincerely, f i Richard R. Oliphant Center Point 44-139 Monterey Avenue Suite 201 Palm Desert California 92260 760.773.3357 278 Created in Harmony with the Environment EALIFORNIA INTELLIGENT E®MMUNITIES May 6, 2003 David R. Lippert 78-745 Rockberry Court La Quinta, CA 92253 Re: Center Point Dear David: Thank you for your letter of April 10, 2003 and your continued interest in Center Point. The project is a work in progress and the designs continue to evolve. Our latest plan reflects the Boutique Hotel with 50' setbacks from all residential areas; the buildings are all one story with the exception of the Wellness Center in the middle of the project. The Medical facilities are now in 3 buildings, all 2 stories and have been reduced in size from 165,000 sf to 120,000 sf. The balance of the project remains the same with the 132 casitas and 134 rooms Homewood Hotel by Hilton. The Ehlines are refining their plans and are still at 70 homes. The public hearing for the Disposition and Development Agreement has been rescheduled for June 3 `d. The staff and our team have been diligently working on the DDA to satisfy the requirements of both the City and us. We appreciate your continued interest, S"cely Y s, � 1 Richard R. Oliphant Chairman 279 44-139 MONTEREY AVE., SUITE 201, PALM DESERT, CALIFORNIA 92260 telephone 760,776.9900 facsimile 766.776.9971 Created in Harmony with the Environment CALIFORNIA INTELLIGENT COMMUNITIES May 16, 2003 Dear Center Point Neighbors: Center Point continues to be a "work in progress," and you'll find changes have been made in light of your suggestions and concerns. We have spent long days with the City and have reached a point where we may move ahead. The'final Disposition and Development Agreement will go before the City Council on June P. We hope all of you will be there. We have worked diligently to meet your needs, as expressed to the development team. The Casita development plans remain the same: 132 units in one and two story buildings on landscaped grounds dotted with a number of swimming pools and a community center on the east end of the site plan. The Hotel is the original design and is a 134 room Homewood Hotel by Hilton. The single family housing on the west side of Seeley has been modified. Currents plans call for the construction of 13 one and two story homes. The park remains the same at approximately three acres. The Medical Campus has been substantially changed from a three-story structure of 165,000 square feet to three, two-story buildings of approximately 40,000 sq. ft. each for a total of 120,000 sq. it. This reduces the parking requirements enough that we are able to move the Boutique Hotel to the west which allows for a 50' setback from all residential property lines. The boutique units are aJ1 one story, with the exception of the wellness facility in the center. The Ehline Development Company's single family community will now offer only 54 homes south of Seeley. Perimeter homes will be compatible with your existing homes, as will the "Village," two story homes in the center of the area. The exterior lots will be dedicated to homes priced similarly or above what you paid for yours. The interior homes will be of equal value, but subsidized by the City for qualified buyers. An approval on June 3rd would trigger the final engineering and final grading plans. The good news is that we have been able to make the changes requested by the 2RO 44-139 MONTEREY AVE., SUITE 201, PALM DESERT, CALIFORNIA 92260 telephone 760.776.9900 facsimile 760.776.9971 Page Two City and, with your input, we have been able to improve the plan. For example, moving the boutique hotel to the west, the elevation will be lowered even further below the "line of sight" of existing homes. We've had many concerns on the blow sand problem. There is nothing we can do at this time to assist you, despite the fact we would like to eliminate the problem, and will move quickly once we have permits in hand. At this moment we are attempting to provide all the elements we need to present you with facts, and information. It is our hope that all these elements will come together Quickly. We deeply appreciate your support from those who have expressed such support. If you feel you would like to pass on that support to the City, please E-Mail Jerry Herman at jherman@la-quinta. org or fax to: (760) 777-7101. I hope this brings you up to date since our last letter. Let us know if you have additional questions. Richard R. Oliphant nqj COUNCIL/RDA MEETING DATE: June 3, 2003 Joint Public Hearing for Consideration of a Disposition and Development Agreement by and Between the La Quinta Redevelopment Agency and Center Point Development, LLC, a California Limited Liability Company, for the Sale and Development of 46.6 Acres of Agency Property Located Southeast of the Intersection of Washington Street and Miles Avenue in La Quinta Project Area No. 2 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: CZ1 Adopt a Resolution of the City Council approving the Disposition and Development Agreement by and between the City of La Quinta and Center Point Development, LLC. FISCAL IMPLICATIONS: Per the Disposition and Development Agreement (Agreement), Center Point Development, LLC will pay the Agency $7,054,074 to purchase the 46.6-acre site. The Agency will then expend $2,520,000 (account numbers to be established upon receipt of the land sale) in housing funds to secure 40 single-family units that will be affordable to moderate income family households. To date, the Agency has spent $3,949,203 to purchase and improve the site; $3,678,305 of 1995 Housing Bond funds and $270,000 of Project Area No. 2. Low and Moderate Income Housing funds. Per Federal and State law, $3,949,203 of the land sale proceeds will be dedicated to this and a second affordable housing development (the Avenue 48 affordable housing development). The remaining $3,104,871 in sale proceeds will be deposited into the Project Area No. 2 Debt Service fund. BACKGROUND AND OVERVIEW: The Agency purchased the approximate 46.6-acre site (Property) in 1995 in order to reserve land for affordable housing development. Subsequently, the Agency focused its attention on completing affordable housing development activities associatedwith other Agency owned properties located on Avenue 48. In December 1999, the Agency circulated a Request for Proposals that sought a mix of hotel, restaurant, and affordable housing development on the Property. The desire to seek hotel and restaurant uses was generated by the opening of the Indian Wells Tennis Gardens, located northwest of the Property. Proposals were S:\CityMgr\STAFF REPORTS ONLY\PH2 CIC CC StfRpt.doc 282 received and the Agency entered into two separate exclusive negotiation agreements. The first, in March 2000, encompassed a 10.8-acre segment of the Property and entailed a proposal to develop a Hilton Gardens Inn hotel. The hotel developer and Agency concluded negotiations without reaching agreement because site access issues could not be resolved. The Agency entered into a second exclusive negotiation agreement in February 2001 for the entire Property. This agreement was also terminated after the development entity failed to structure an economically viable project. The Agency then moved forward to secure environmental clearances and entitle the Property with the approval, by the City of La Quinta (City), of a specific plan in February 2002. The Center Point Development, LLC (Developer) first contacted the Agency in June 2002 regarding their interest in developing hotel, restaurant, medical office, and affordable and market rate housing on the Property. In August 2002, the Agency entered into an Exclusive Negotiation Agreement with the Developer that initiated a 120 day period during which the Developer would structure a development program, secure tenants, secure financing commitments, and process amendments to the February 2002 Specific Plan. Further, the Agency and Developer together, would negotiate property purchase terms, and if agreement was reached, draft a disposition and development agreement. The negotiations generated purchase terms that were accepted by both the Agency and Developer, and the attached Agreement was subsequently drafted. Development Program Per the Agreement the Developer will purchase the Property for $7,054,074. The Developer will then mass grade the site and construct Seeley Drive and utility and drainage improvements. By phases, the Developer will then build the following: • Not less than a 120-room Homewood Suites by Hilton hotel ("Hotel") • Not less than a 120 one- and two-story casita hotel condominium units to be rented as vacation rental units ("Casitas") • A 30-room boutique hotel comprised of 1,200 square foot, villas and a spa ( "Boutique Hotel") • A 120,000 square foot medical and surgical center comprised of three 40,000 square foot buildings ("MOB") • Two sit-down restaurants ("Restaurants") • 13 one- and two-story cluster courtyard villas that will be sold at market sales prices ( "Villas") • 54 one- story single-family homes and courtyard homes ofwhich 40 will be sold at prices affordable to moderate income households (" Affordable Single Family and Courtyard Homes"), with the remaining14 sold at market sales prices ("Market Single Family and Courtyard Homes") ) • A 2.68-acre park ("Park"). S:\CityMgr\STAFF REPORTS ONLY\PH2 CIC CC StfRpt.doc 2283 The aforementioned improvements constitute the "Development". The first phase development will comprise the Hotel and 40 Casitas units, and if the Developer demonstrates that they have secured financing and/or tenant commitments, the remaining Casitas units, the Boutique Hotel and the Restaurants. Once the City approves the foundation for the Hotel, the Developer may then commence construction of the Affordable One-story Single -Family and Courtyard Homes, the Park and the first of the three MOB buildings. When the exterior walls of the Hotel are framed, then the Developer may start construction of the second MOB. Finally, when the Hotel is 75% complete (defined as having the exterior wall stucco and the roofs installed), the Developer may then commence development of the third MOB. The Agreement provides two Property purchase options. The first, Option A, allows the Developer to purchase the entire Property at one time. This Option was developed because the lender, or equity investor who funds the land purchase and site improvement activities, may require that a lien be recorded against the entire Property to secure this financing. The second purchase option, Option B, allows the Developer to purchase parcels as each development phase (as described in the preceding paragraph) is constructed. This option would be instituted if the Developer secures financing that does not require that a lien be recorded against the entire Property to secure funds. In order to improve the Property as economically as possible, the Developer desires to mass grade the Property, stabilize the soil, construct Seeley Drive, and the required drainage and utility system improvements. Pursuant to a separate development agreement, the Developer is also required to fund improvements to the Park to City specifications, and reimburse the City $316,011 for City funded matching funds used to secure a CMAQ Grant. The Grant will be funding landscape and hardscape improvements to the Miles Avenue and Washington Street frontages of the Property. Affordable Housing Component The Agency will sell the land to the Developer at fair market value. The only financial assistance the Agency will provide is $63,000 per unit or $2,520,000 to secure the Affordable One-story Single -Family and Courtyard Homes. These funds will be slated for the Affordable One-story Single -Family and Courtyard Homes' pro- rata share of land, site and building plan, engineering, municipal permit and fees, and site improvement costs. The Agency will reimburse the Developer for these costs per a schedule included in the Agreement. The source of the funds will be a portion of the proceeds generated from the sale of the other parcels that comprise the Property. When the Affordable One-story Single -Family and Courtyard Homes are purchased, the Agency assistance will be converted in homebuyer silent second 284 S:\CityMgr\STAFF REPORTS ONLY\PH2 CIC CC StfRpt.doc 3 trust deed loans. In order sell the, Affordable One-story Single -Family and Courtyard Homes at costs affordable to moderate -income family households, the Agreement provides that the Agency will fund 40 second trust deed mortgages. The mortgages will cover each dwelling's pro -rasa share of land ($35,175), architecture and engineering ($7,175), entitlement/municipal fee costs ($11,300), and site improvement costs ($9,350). The Agreement provides that a second trust deed of $40,000 to $63,000 per unit, or an average second trust deed mortgage of $51,500, will be provided to 40 units to permit family households who earn from 81 to 120 percent of the Riverside County median income to purchase these homes. The exact mortgage amount will be determined by the purchase price of each unit. The home prices will range from $216,000 to $251,000. The Agency second trust deeds combined with the homebuyer down payment of 3% will reduce the first trust deed mortgage to $142,000 to $175,000, a level affordable to moderate income family households. The second trust deed loans will also feature covenants that require the dwellings to remain affordable to moderate income family households for 45 years. Further, unlike past Agency second trust deed loans, the 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, or if a qualified household cannot be found, as a last resort to the Agency. Revenue to the Agency/City The Development will generate a combination of tax increment revenue that accrues to the Agency, and transient occupancy and sales tax revenue that accrues to the City. During the first five years of operation, the combined tax increment and sales/occupancy tax income is projected to be $3,076,229; over a ten-year period the combined income is projected to be $1 1,494,507. Of these amounts, 34% will be tax increment revenue and 66% salestoccupancy tax revenue. The net present value of the five and ten year revenues (using a 6.5% discount rate) is $2,524,137 and $7,784,665, respectively. Accompanying the staff report is a Summary Report that further details this transaction. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the Disposition and Development Agreement by and between the City of La Quinta and Center Point Development, LLC.; or 2. Do not approve the Resolution of the City Council that approves the Disposition and Development Agreement; or 285 S:\CitYMgr\STAFF REPORTS ONLY\PH2 CIC CC StfRpt.doc 4 3. Provide staff with alternative direction. Respectfully submitted, �rry` Her an ommun ty Development Director Approved for submission: O Thomas P. Genovese, City Manager Attachments: 1. Summary Report 2. Disposition and Development Agreement S:\CityMgr\STAFF REPORTS ONLY\FH2 CIC CC StfRpt.doc 5 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 CENTER POINT DEVELOPMENT, LLC FOR THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF WASHINGTON STREET AND MILES AVENUE DISPOSITION AND DEVELOPMENT AGREEMENT CENTER POINT DEVELOPMENT, 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.) (ACRL); 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 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") withCenter Point Development, 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 237 N. City Council Resolution 2003- Disposition and Development Agreement Center Point Development, LLC Adopted: June 3, 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. S:\CityMgr\STAFF REPORTS ONLY\PH2 CIC CC DDA-Reso.wpd.doc 7 City Council Resolution 2003- Disposition and Development Agreement Center Point Development, LLC Adopted: June 3, 2003 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, 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 held this 3rd day of June, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California S:\CityMgr\STAFF REPORTS ONLY\PH2 CIC CC DDA-Reso.wpd.doc City Council Resolution 2003- Disposition and Development Agreement Center Point Development, LLC Adopted: June 3, 2003 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 S:\CityMgr\STAFF REPORTS ONLY\PH2 CIC CC DDA-Reso.wpd.doc 290 4] ATTACHMENT N1 SUMMARY REPORT FOR THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND CENTERPOINT DEVELOPMENT, LLC May 15, 2003 INTRODUCTION This document is the Summary Report ("Report") for the Disposition and Development Agreement ("Agreement") by and between the La Quinta Redevelopment Agency ("Agency") and Centerpoint Development, LLC, a California limited liability company ("Developer"). The Agreement facilitates the sale of approximately 46.6-acre Agency - owned parcel ("Property") to the Developer who will construct: • Not less than 120 room Homewood Suites by Hilton hotel ("Hotel") • Not less than 120 one and two story casitas hotel condominium units to be rented as vacation rental units ("Casitas") • A 30-room boutique hotel comprised of 1,200 square foot villas and a spa ("Boutique Hotel") • A 120,000 square foot medical and surgical center comprised of three 40,000 square foot buildings ("MOB") • Two sit-down restaurants ("Restaurants") 13 courtyard cluster villa homes that will be sold at market sales prices ('Villas") • 54 One-story Single Family and Courtyard Homes of which 40 will be sold at prices affordable to moderate income households ("Affordable Single Family and Courtyard Homes"), with the remaining 14 sold at market sales prices ("Market Single -Family Homes") • A 2.68-acre park ("Park"). The aforementioned improvements constitute the "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. P.91 G:\WPDOCS\SumRpt-CIC.doc 1 10 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. Subsequently, the Agency focused its attention on facilitating affordable housing development opportunities on other Agency owned properties located on Avenue 48. In December 1999, the Agency circulated a Request for Proposals that sought a mix of hotel, restaurant, and affordable housing development on the Property. The desire to seek hotel and restaurant uses was generated by the opening of the Indian Wells tennis Gardens, located northwest of the Property. Proposals were received and the Agency entered into two separate exclusive negotiation agreements. The first, in March 2000, encompassed a 10.8-acre segment of the Property and entailed a proposal to develop a Hilton Gardens Inn hotel. The developer and Agency concluded negotiations without reaching agreement because site access issues could not be resolved. The Agency entered into a second exclusive negotiation agreement in February 2001 for the entire Property. This agreement was also terminated after the development entity failed to structure an economically viable project. The Agency then moved forward to secure environmental clearances and entitle the Property with the approval, by the City of La Quinta ("City"), of a specific plan in February 2002. The Developer first contacted the Agency in June 2002 regarding their interest in developing hotel, restaurant, medical office, and affordable and market rate housing on the Property. In August 2002, the Agency entered into an exclusive negotiation agreement with the Developer that initiated a 120 day period during which the Developer would structure a development program, secure tenants, secure financing commitments, and process amendments to the February 2002 specific plan. Further, the Agency and Developer together, would negotiate property purchase terms, and if agreement was reached, draft a disposition and development agreement. The negotiations generated purchase terms that were accepted by both the Agency and Developer, and the attached. Agreement was subsequently drafted. Per the Agreement the Developer will purchase the property for $7,054,074. The Developer will then mass grade the Property and construct Seeley Drive, utility, and drainage improvements. The first phase development will comprise the Hotel and 40 Casitas units, and if the Developer demonstrates that they have secured financing and/or tenant commitments, the remaining Casitas units, the Boutique Hotel and the Restaurants. Once the City approves the foundation for the Hotel, the Developer may then commence construction of 20 Affordable Single Family and Courtyard Homes, the Park and the first of the three MOB buildings. When the exterior walls of the Hotel are framed, then the Developer may then start construction of the second MOB. Finally, when the Hotel is 75% complete (defined as having the exterior wall stucco and the roofs installed), the Developer may then commence development of the third MOB. The Agreement provides two Property purchase options. The first, Option A, allows the Developer to purchase the entire Property at one time. This Option was developed 294e,) G:\WPDOCS\SumRpt-CIC.doc 2 11 because the lender or equity investor who funds the land purchase and site improvement activities may require that a lien be recorded against the entire Property to secure this financing. The second purchase option, Option B, allows the Developer to purchase parcels as each development phase (as described in the preceding paragraph) is constructed. This option would be instituted if the Developer secures financing that does not require that a lien be recorded against the entire Property to secure funds. In order to improve the Property as economically as possible, the Developer desires to mass grade the Property, stabilize the soil, and construct Seeley Drive, and required drainage and utility system improvements. The Agreement includes provisions that give the Agency the option to repurchase portions or all of the Property (if there is a Developer default caused by failure to perform per the terms of the Agreement) at the price the Property was sold to the Developer plus 33% of the cost of the site improvements, and their associated design and soft costs. Per the Agreement, the Agency must review and approve the user commitments, financing, improvements and construction budget for each development phase. If the Developer has not started construction, the Agency may purchase the land back at the purchase price less 10%. The Agency will sell the land to the Developer at fair market value. The only financial assistance the Agency will provide is $63,000 per unit or $2,520,000 to secure the Affordable One-story Single Family and Courtyard Homes. These funds will be slated for the Affordable One-story Single Family and Courtyard Homes' pro-rata share of land, site and building plan, engineering, municipal permit and fee, and site improvement costs. The Agency will reimburse the Developer for these costs per a schedule included in the Agreement; the source of funds will be a portion of the proceeds generated from sale of the other parcels that comprise the Property. When the Affordable One-story Single Family and Courtyard Homes are purchased the Agency assistance will be converted in homebuyer silent second trust deed loans. The second trust deed loans will also feature covenants that require the dwellings to remain affordable to moderate -income family households for 45 years. Further, unlike past Agency second trust deed loans, the 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 or if a qualified household cannot be found, as a last resort to the Agency. THE COST OF THE AGREEMENT TO THE AGENCY To date, the Agency has invested $5,714,789 in the Property; these expenditures are comprised of the initial land purchase cost, the cost to improve Miles Avenue and Washington Street, the costs associated with preparing environmental and planning studies, and the interest expense on the bonds used to purchase the property and fund the other costs. The Developer will pay $7,054, 074 for the Property which will reimburse the 1995 Housing Bond fund for $3,678,305 of non -interest expenses. The Agency will pledge $2,520,000 of this amount to fund the silent second trust deed assistance to the Affordable One-story Single Family and Courtyard Homes, and the 293 G:\WPDOCS\SumRpt-CIC.doc 3 12 remaining $1,158,305 will be pledged to fund some of the costs associated with the Avenue 48 and Adams Street affordable housing development. The specific expenditures were as follows: Property Purchase Cost - $1,977,500 • Washington Street/Miles Avenue Improvements - $1,700,805 • Specific Plan and Environment Studies - $175,000 • Adjoining Property Utility System Reimbursement - $95,898 • Interest Expense on the 1995 Housing Bonds - $1,765,586 Homebuyer Second Trust Deed Mortgages — $2,520,000 In order sell the Affordable One-story Single Family and Courtyard Homes at costs affordable to moderate -income family households, the Agreement provides that the Agency will fund 40-second trust deed mortgages. The mortgages will cover each dwelling's pro rate share of land ($35,175), architecture and engineering ($7,175), entitlement/municipal fee costs ($11,300), and site improvement costs ($9,350). The Agreement provides that a second trust deed of $40,000 to $63,000 per unit, or an average second trust deed mortgage of $51,500, will be provided to 40 units to permit family households who earn from 81 to 120 percent of the Riverside County median income to purchase these homes. The exact mortgage amount will be determined by the purchase price of each unit. The home prices will range from $216,000 to $251,000. The Agency second trust deeds combined with the homebuyer down payments of 3% will reduce the first trust deed mortgage to $142,000 to $175,000, a level affordable to moderate income family households. The Agency's Redevelopment Consultant has reviewed and verified the costs associated with the Affordable One-story Single Family and Courtyard Homes. The total development cost is projected to be $8,129,700, with sales income projected to be $9,7220000. ESTIMATED VALUE OF INTEREST TO BE CONVEYED The Agency's Redevelopment Consultant reviewed comparable land sales for property designated for commercial, hotel, condominium hotel and single-family uses that was not entitled or improved. This review identified per acre land values ranging from $60,000 to $283,140 per acre depending on size and location. Smaller parcels located in high traffic locations commanded a greater land value. The Agreement provides that the Agency will sell the Hotel, Casitas, Boutique Hotel, MOB and Restaurant parcels to the Developer for $217,800 per acre; the residential land will be sold for a fair market value of $60,000 per acre. 294 GAWPDOCS\SumRpt-CIC.doc 4 13 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 imposes conditions on the property as required by the City's entitlement and environmental processes (imposed through a development agreement involving the City and the Developer), and the requirement that the Developer construct the various uses within the specified time frames presented in the Schedule of Performance. The Agreement also requires the Developer to construct 40 dwellings that must be sold at affordable housing costs to moderate -income family households and the construction of Seeley Drive and the Park improvements. The Agency's second trust deed mortgage assistance will fund the difference between the sales prices required to fund the cost of developing these units and housing costs that would be affordable to moderate income family households. EXPLANATION OF WHY THE SALE OF THE PROPERTY PURSUANT TO THE AGREEMENT WILL ASSIST IN THE ELIMINATION OF BLIGHT The Property conveyance, and construction of the Development, addresses economic blight within Project Area No. 2 by facilitating development of uses that generate economic demand and additional patrons that will frequent Project Area businesses. Further, the conveyance will facilitate the development of dwellings that will increase and improve the supply of affordable housing within La Quinta Redevelopment Project 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 be affordable to households within the respective income levels. The Property conveyance and the Development will further the Agency's efforts to promote affordable housing development within Project No 2. 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. Further, the Implementation Plan identifies the potential for resort and hospitality uses for the Property. The conveyance of the Property and the subsequent development will conform to the provisions of these Plans. A copy of the proposed Agreement is attached to this Report or 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 and the Agency and City Council on June 3, 2003, at 7:00 p.m. in the City Council Chambers are located at the La Quinta City Hall, 78-495 Calle Tampico, La Quinta, California. 295 G:\WPDOCS\SumRpt-CIC.doc 5 14 6 CIQ " 6 P'01 6/' 4 ha w MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE COUNCIL y� FROM: JERRY HERMAN, COMMUNITY DEVELOPMENT DIRECTOR RE: CITY COUNCIL RESOLUTION FOR PUBLIC HEARING ITEM #2 DATE: JUNE 3, 2003 The Resolution contained in your packet is incorrect. Please substitute the attached resolution for the above referenced public public hearing item. The Resolution contained in the staff report for the RDA is correct as distributed. 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 CENTER POINT DEVELOPMENT, LLC FOR THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF WASHINGTON STREET AND MILES AVENUE 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 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 Center Point Development, LLC, a California limited liability company ("Developer"), pursuant to which the Agency is to convey to the Developer, either all at once ("Option A"), or in phases ("'Option B,), certain real property located within the Project Area (the "Property") for Seven Million Fifty -Four Thousand Seventy -Four Dollars ($7,054,074) for the Developer's subsequent development thereon of a commercial project containing a medical office/clinic, a boutique hotel, a mid -price suites hotel, a resort -style condomimium/casistas development, two sit-down restaurants, and two single-family residential developments, with forty of the single-family homes restricted for sale to moderate -income buyers at an affordable housing cost, all as more particularly described in the Agreement (collectively, the "Project"); and WHEREAS, the Agreement provides that Agency may reacquire any undeveloped portion of the Property that is then owned by the Developer in the event the Developer fails to commence construction of any particular phase of the Project within certain specified time frames, interrupts construction of a particular phase of the Project for a specified period of time, or transfers a particular phase of the Project 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 P. 9'7 City Council Resolution 2003- Disposition and Development Agreement Center Point Development, LLC Adopted: June 3, 2003 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 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 Section 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 Property 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 Agency's sale of the Property will eliminate blight in.that it will facilitate the development of affordable housing. D. 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 2 9 S City Council Resolution 2003- Disposition and Development Agreement Center Point Development, LLC Adopted: June 3, 2003 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 3rd day of June, 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