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2003 08 19 CCa, Off' p 000 5 OF 9ti CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 City Council Agendas are Available on the City's Web Page @ www.la-guinta.org Regular Meeting Tuesday, August 19, 2003 - 2:00 P.M. Beginning Resolution No. 2003-072 Ordinance No.389 CALL TO ORDER Roll Call: Council Members: Henderson, Osborne, Perkins, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. CLOSED SESSION NOTE: Time permitting the City Council may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when the Agency is considering acquisition of real property. 1. CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, TIM JONASSON, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED ON JEFFERSON STREET, SOUTH OF WESTWARD HO DRIVE FOR VACANT PARCELS OWNED BY: a) CHARLES AND ALICE ZILINSKY FOR THE VACANT PARCEL LOCATED ON JEFFERSON STREET, SOUTH OF WESTWARD HO DRIVE (APN 649-0980- 007); (b) DAVID A. AND CAROL A. ELRON (APN 649-071-014; c) WILLIAM HALL (APN 649-090-005; AND d) SANDY SEELEY FOR THE PROPERTY LOCATED AT 46305 JEFFERSON STREET. City Council Agenda I August 19, 2003 2. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) THREAT OF LITIGATION (ONE MATTER). RECONVENE AT 3:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Business Session matters or Public Hearings on the agenda, a completed "request to speak" form should be filed with the City Clerk prior to the City Council beginning consideration of that item. CONFIRMATION OF AGENDA PRESENTATIONS - NONE WRITTEN CORRESPONDENCE - NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF AUGUST 5, 2003. CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED AUGUST 19, 2003. 2. TRANSMITTAL OF TREASURER'S REPORT FOR JUNE 30 2003. 19 2003 City Council Agenda 2 August , 3. TRANSMITTAL OF REVENUE AND EXPENDITURES REPORT FOR PERIOD ENDING JUNE 30, 2003. 4. ACCEPTANCE OF IMPROVEMENTS FOR TRACT NO. 28444 - THE MASTERS AT PGA WEST - INNOVATIVE RESORTS COMMUNITIES. 5. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR PUBLIC WORKS DIRECTOR/CITY ENGINEER TO ATTEND THE 2003 INTERNATIONAL PUBLIC WORKS CONGRESS AND EXPOSITION IN SAN DIEGO, CALIFORNIA, AUGUST 24-27, 2003. 6. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NO. 29053-2, RENAISSANCE. (TRANSWEST HOUSING) 7. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NO. 30651 - THE QUARRY RANCH. 8. ACCEPTANCE OF IMPROVEMENTS FOR TRACT NO. 24197-2 - MONTICELLO, LLC, CENTURY HOMES. 9. ACCEPTANCE OF IMPROVEMENTS FOR TRACT NO. 24197-4 - MONTICELLO, LLC, CENTURY HOMES. 10. ACCEPTANCE OF IMPROVEMENTS FOR TRACT NO. 29348-1 - MARVIN HOMES. 11. APPROVAL OF A REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF LA QUINTA AND MARVIN INVESTMENTS, INC. FOR IMPROVEMENTS ON THE NORTH SIDE OF AVENIDA LA FONDA; AND 2) ADOPTION OF A RESOLUTION MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY. CODE SECTION 33445(a) AND CONSENTING TO THE EXPENDITURE OF FUNDS FOR THE AVENIDA LA FONDA STREET ENHANCEMENT PROJECT. 12. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH OVERLAND, PACIFIC, AND CUTLER, INC. TO PROVIDE RELOCATION ASSISTANCE SERVICES FOR THE JEFFERSON STREET - PHASE II PROJECT. 13. ADOPTION OF A RESOLUTION ACCEPTING A DECLARATION OF DEDICATION EASEMENT TO THE CITY FOR A FLOOD REGULATION BASIN LOCATED AT 79-565 STARFLOWER TRAIL, APN 604-253-007. 14. APPROVAL OF AN ADDITIONAL ALLOCATION FOR DOG PARK AMENITIES. 15. APPROVAL OF AN AMENDMENT TO THE ART PURCHASE AGREEMENT WITH MADISON DEVELOPMENT. 3 City Council Agenda 3 August 19, 2003 BUSINESS SESSION 1 CONSIDERATION OF FACILITY USE POLICIES. A. MINUTE ORDER ACTION 2. CONSIDERATION OF RESOLUTIONS: 1) CERTIFYING AN ADDENDUM TO THE PREVIOUSLY CERTIFIED INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FOR THE JEFFERSON STREET IMPROVEMENTS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND 2) APPROVING PURCHASE AND SALE AGREEMENTS BETWEEN THE CITY OF LA QUINTA AND: a) CHARLES AND ALICE ZILINSKY (APN 649-090-007); (b) DAVID A. AND CAROL A. ELROD (APN 649-071-014; c) WILLIAM HALL (APN 649-090-005; FOR VACANT PARCELS LOCATED ON THE EAST SIDE OF JEFFERSON STREET SOUTH OF WESTWARD HO DRIVE AND d) SANDY SEELEY FOR THE PROPERTY LOCATED AT 46-305 JEFFERSON STREET. A. RESOLUTION ACTIONS 3. CONSIDERATION OF ADOPTION OF A RESOLUTION TO INCREASE THE COMPENSATION FOR CITY COMMISSIONERS, BOARD MEMBERS AND COMMITTEE MEMBERS. A. RESOLUTION ACTION 4. CONSIDERATION OF AN INTERACTIVE WATER FEATURE FOR THE LA QUINTA PARK A. MINUTE ORDER ACTION 5. CONSIDERATION OF THE PAVEMENT MANAGEMENT PROGRAM AND SELECTION OF ANNUAL PAVEMENT PRESERVATION AND MAINTENANCE WORK PROGRAM. A. MINUTE ORDER ACTION 6. CONSIDERATION OF THE LA QUINTA COURT LANDSCAPE DESIGN CONCEPTS. A. MINUTE ORDER ACTION 7. CONSIDERATION OF SECOND READING OF ORDINANCE NO. 388 AMENDING THE REDEVELOPMENT PLAN FOR PROJECT AREA NO.1 PURSUANT TO SENATE BILL 211 AS CODIFIED IN HEALTH AND SAFETY CODE SECTION 33333.6(e) (2). A. ADOPT ORDINANCE NO. 388 ON SECOND READING. 4 City Council Agenda 4 August 19, 2003 STUDY SESSION - NONE REPORTS AND INFORMATIONAL ITEMS 1 . CITY COUNCIL AD HOC COMMITTEE REPORTS 2. CVAG COMMITTEE REPORTS 3. CHAMBER OF COMMERCE WORKSHOP/INFORMATION COMMITTEE (OSBORNE) 4. COACHELLA VALLEY ECONOMIC PARTNERSHIP [CVEPI (ADOLPH) 5. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) 6. C.V. MOUNTAINS CONSERVANCY (SNIFF) 7. DESERT RESORTS REGIONAL AIRPORT AUTHORITY (OSBORNE) 8. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 9. MUSEUM EXPANSION COMMITTEE (ADOLPH/SNIFF) 10. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 11. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (ROBERT TYLER) 12. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 13. RIVERSIDE COUNTY FREE LIBRARY SYSTEM ADVISORY COMMITTEE (HENDERSON) 14. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 15. SAN JACINTO/SANTA ROSA NATIONAL MONUMENT ADVISORY (COMMITTEE (HENDERSON) 16. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 17. COMMUNITY SERVICES COMMISSION MEETING MINUTES OF JULY 9, 2003 18. CULTURAL ARTS COMMISSION MEETING MINUTES OF JUNE 12, 2003 19. PLANNING COMMISSION MINUTES OF JULY 8 AND JULY 29, 2003 20. ARCHITECTURE AND LANDSCAPE REVIEW COMMITTEE MINUTES OF JULY 2, 2003 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS - NONE 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS B. SELECTION OF DATE FOR HOLIDAY OPEN HOUSE 4. BUILDING AND SAFETY DIRECTOR'S MONTHLY REPORT - JULY, 2003 5. COMMUNITY DEVELOPMENT DIRECTOR'S MONTHLY REPORT - JULY, 2003 6. COMMUNITY SERVICES DIRECTOR'S MONTHLY REPORT - JULY, 2003 7. FINANCE DIRECTOR'S REPORT - NONE 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S MONTHLY REPORT - JULY, 2003 9. POLICE CHIEF'S MONTHLY REPORT - JULY, 2003 10. FIRE CHIEF'S QUARTERLY REPORT - JULY, 2003 City Council Agenda 5 August 19, 2003 5 MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7:00 P.M. PUBLIC COMMENT This is the time set aside for public comment on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three (3) minutes. Please watch the time clock on the speakers podium. PRESENTATIONS PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the. City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments to the La Quinta City Council before a public hearing may appear and be heard in support of, or in opposition to, the approval of project(s) at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION GRANTING APPROVAL OF AN EXTENSION OF TIME IN WHICH TO FILE A FINAL MAP FOR TENTATIVE TRACT 30092, A 97-LOT SUBDIVISION ON 37 t ACRES AT THE NORTHWEST CORNER OF AVENUE 58 AND MONROE STREET. APPLICANT: TAHIR MAJID. A. RESOLUTION ACTION 2. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION GRANTING APPROVAL OF TENTATIVE TRACT MAP 31349, FOR A 198-LOT SUBDIVISION OF 69 t ACRES IN TRACT 30357 ON THE NORTH SIDE OF AVENUE 52 EAST OF JEFFERSON STREET WITHIN THE MOUNTAIN VIEW COUNTRY CLUB SPECIFIC PLAN. APPLICANT: TOLL BROTHERS, INC. A. RESOLUTION ACTION City Council Agenda 6 August 19, 2003 6 ADJOURNMENT *NOTE: The regularly scheduled City Council meeting of September 2, 2003, has been cancelled due to the lack of a quorum. Adjourn to a regularly scheduled meeting of the City Council to be held on September 16, 2003 commencing with closed session at 2:00 p.m. and open session at 3:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, June S. Greek, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of Tuesday, August 19, 2003, was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and on the bulletin board at the La Quinta Chamber of Commerce and at Stater Bros. 78-630 Highway 1 1 1, on Friday, August 15, 2003. DATED: August 15, 2003 JUNE S. GREEK, CIVIC, City Clerk City of La Quinta, California City 9 Council Agenda 7 August 19, 2003 Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7025, 24-hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777-7025. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the 3:00 PM session or the 7:00 PM session. �6* City Council Agenda 8 August 19, 2003 T 0 4t!t 4 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: AUGUST 19, 2003 ITEM TITLE: Demand Register Dated August 19, 2003 BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING RECOMMENDATION: Approve Demand Register Dated August 19, 2003 BACKGROUND: Prepaid Warrants: 54962 - 549961 64,232.79 549971 1,110.00 549981 592.49 54999 - 55016} 125,477.59 Wire Transfers} 421,382.66 P/R 30870 - 30955 } 129,082.17 P/R Tax Transfers} 33,738.15 Payable Warrants: 55017 - 55144) 2,673,851.58 $3,44%467.43 FISCAL IMPLICATIONS: Demand of Cash - City $3,198,736.12 Demand of Cash -RDA $250,731.31 . Falconer, Finance Director 41 CITY OF LA QUINTA BANK TRANSACTIONS 7/30/03 - 8/12/03 7/31/03 WIRE TRANSFER - PALMER COURSE DESIGN $150,000.00 7/31/03 WIRE TRANSFER - RDA ESCROW $63,400.00 8/01/03 WIRE TRANSFER - DEFERRED COMP $9,196.31 8/01/03 WIRE TRANSFER - CREDIT UNION $5,817.00 8/01/03 WIRE TRANSFER - PERS $14,264.29 8/01/03 WIRE TRANSFER - PERS MEDICAL INSURANCE $44,705.06 8/04/03 WIRE TRANSFER - RDA ESCROW $94,000.00 8/11/03 WIRE TRANSFER - RDA ESCROW $40,000.00 TOTAL WIRE TRANSFERS OUT $421,382.66 1 2 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 11:47AM 08/12/03 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 55017 08/12/03 &02055 CRV GOLF WEST 788.50 55018 08/12/03 &02056 CABANA BOY INC 6.00 55019 08/12/03 &02057 DGH DEVELOPMENT CORP 50.39 55020 08/12/03 &02058 DAN & LISA KNICKERBOCKER 4.00 55021 08/12/03 &02059 SUSAN MONTANA 15.00 55022 08/12/03 &02060 DORIS DINGLO 15.00 55023 08/12/03 &02061 ALEX SALAZAR 295.00 55024 08/12/03 &02062 TOLL BROTHERS INC 299.10 55025 08/12/03 ACE010 ACE HARDWARE 170.53 55026 08/12/03 ACT100 ACT GIS INC 10402.50 55027 08/12/03 ADT100 ADT SECURITY SVC INC 66.05 55028 08/12/03 ALL077 ALLIANCE ACOUSTICAL 2663.43 55029 08/12/03 AME031 AMERICAN CANCER SOCIETY 2000.00 55030 08/12/03 AME175 AMERICAN FORENSIC NURSES 116.00 55031 08/12/03 AME200 AMERIPRIDE UNIFORM SVCS 57.32 55032 08/12/03 ARC101 ARCH WIRELESS 830.41 55033 08/12/03 AUT030 AUTOMATED TELECOM 77.00 55034 08/12/03 AUT040 AUTOMATIC STOREFRONT 208.25 55035 08/12/03 BAC100 BACK NINE GREENS 540.00 55036 08/12/03 BAN150 BANK OF NEW YORK 1525.19 55037 08/12/03 BER150 BERRYMAN & HENIGAR INC 26137.50 55038 08/12/03 BES150 BEST SIGNS INC 1533.64 55039 08/12/03 BIG035 BIG BROTHERS/BIG SISTERS 1000.00 55040 08/12/03 BOY075 BOYS & GIRLS CLUB OF 7500.00 55041 08/12/03 CAD010 CADET UNIFORM SUPPLY 125.06 55042 08/12/03 CAL031 CALIF PARK & RECREATION 1142.00 55043 08/12/03 CAL237 CALIFORNIA OVERNIGHT 58.50 55044 08/12/03 CAL240 CALIFORNIA POOLS & SPAS 294.00 55045 08/12/03 CAP050 ROSMARY HEIM CAPUTO 108.50 55046 08/12/03 CAR050 CAREER TRACK 99.00 55047 08/12/03 CAR070 CARDIFF LIMOUSINE INC 1016.00 55048 08/12/03 CAR300 CARQUEST 27.98 55049 08/12/03 CDW050 CDW GOVERNMENT INC 3379.35 55050 08/12/03 CHE050 CHECKMATE EXCHANGE 132.92 55051 08/12/03 COA014 COACHELLA VALLEY CHAMBERS 105.00 55052 08/12/03 COM030 COMSERCO 1042.57 55053 08/12/03 COM065 COMMUNITY BLOOD BANK INC 1000.00 55054 08/12/03 COM095 COMARCO WIRELESS TECH INC 4967.61 55055 08/12/03 CVI100 -C V INDUSTRIAL & AG SUPP 13.12 55056 08/12/03 DAN150 DANIELS TIRE SVC 669.03 55057 08/12/03 DES010 DESERT BUSINESS MACHINES 59.12 55058 08/12/03 DES018 DESERT ELECTRIC SUPPLY 530.89 55059 08/12/03 DESO47 DESERT PHOTO LAB/STUDIO 39.87 55060 08/12/03 OES057 DESERT SPECIAL OLYMPICS 500.00 55061 08/12/03 DES065 DESERT TEMPS INC 3986.20 55062 08/12/03 DIE050 DIETERICH POST 139.61 55063 08/12/03 DKS100 DKS CONTRACTING & ENG 204807.31 ll kll ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 11:47AM 08/12/03 CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 55064 08/12/03 DUN200 KATHY DUNHAM 634.20 55065 08/12/03 ECO150 ECONOMIC DEV AGENCY 10000.00 55066 08/12/03 ELM100 ELMS EQUIPMENT RENTAL INC 752.10 55067 08/12/03 EVA050 DAVID EVANS & ASSOC INC 10131.11 55068 08/12/03 EXP200 EXPRESS DETAIL 1275.00 55069 08/12/03 FAL050 JOHN FALCONER 33.00 55070 08/12/03 FAL100 FALCON ASSOCIATES, INC 90.00 55071 08/12/03 FAS050 FAST FRAME 161.63 55072 08/12/03 GAR040 GARZA TURF & POWER EQUIP 49.46 55073 08/12/03 GE0010 GEORGE'S GOODYEAR 65.00 55074 08/12/03 GKA100 GK & ASSOCIATES 8027.50 55075 08/12/03 GUM050 BRAD GUMMER 318.50 55076 08/12/03 HEG050 HEGGE ELECTRICAL 608.28 55077 08/12/03 HOA010 HUGH HOARD INC. 2047.83 55078 08/12/03 HOM030 HOME DEPOT 1428.79 55079 08/12/03 H00050 FAYE HOOPER 150.00 55080 08/12/03 HTE100 HTE INC' 11963.65 55081 08/12/03 JOB020 JOBS AVAILABLE INC 157.32 55082 08/12/03 KEN025 JOHN F KENNEDY FOUNDATION 1500.00 55083 08/12/03 KIN100 KINER/GOODSELL ADVERTISNG 3000.00 55084 08/12/03 LAI030 LAIDLAW TRANSIT INC 284.44 55085 08/12/03 LAN010 MARTIN LANGER 3000.00 55086 08/12/03 LAQ008 LA QUINTA ARTS ASSOC 2000.00 55087 08/12/03 LAQ040 LA QUINTA CHAMBER COMMERC 1100.00 55088 08/12/03 LES020 JANELLE LESLIE 6.30 55089 08/12/03 LIV050 LIVING DESERT RESERVE 1000.00 55090 08/12/03 LOP050 RAY LOPEZ ASSOCIATES 2200.00 55091 08/12/03 LOW100 LOWE'S COMPANIES INC 138.54 55092 08/12/03 LUN050 LUNDEEN PACIFIC CORP 46399.41 55093 08/12/03 MAD100 MADISON DEVELOPMENT 499.79 55094 08/12/03 MAR350 RAOUL MARTINEZ 288.42 55095 08/12/03 MDS100 MDS CONSULTING 347.11 55096 08/12/03 MIN010 MINUTEMAN PRESS 320.03 55097 08/12/03 MOB200 MOBILE SATELLITE VENTURES 454.91 55098 08/12/03 M00095 MOORE MAINTENANCE & 190.00 55099 08/12/03 MUN010 MUNI FINANCIAL SERV INC 3274.14 55100 08/12/03 MYE050 SHAUN MEYERS 26.30 55101 08/12/03 NEX010 NEXTEL COMMUNICATIONS 2561.18 55102 08/12/03 NIC101 NICKERSON & ASSOC INC 2442.50 55103 08/12/03 OFF005 OFFICE DEPOT INC 388.00 55104 08/12/03 PAR030 PARKHOUSE TIRE INC 111.42 55105 08/12/03 PET100 PET PICKUPS 644.66 55106 08/12/03 PIT100 NOEL PITTMAN 147.00 55107 08/12/03 PRI020 THE PRINTING PLACE 955.76 55108' 08/12/03 RAS020 RASA - ERIC NELSON 1780.00 55109 08/12/03 RBF100 RBF CONSULTING 458.96 55110 08/12/03 RES005 RESERVE ACCOUNT 4000.00 55111 08/12/03 RGA100 RGA LANDSCAPE ARCHITECTS 278.68 55112 08/12/03 RIV020 RIV CNTY AUDITOR-CONTROLR 4201.80 1? fl ACCOUNTS PAYABLE - A_P5005 CHECK REGISTER 11:47AM 08/12/03 CITY OF LA QUINTA BANK ID: DEF PAGE 3 CHECK NUMBER 55113 55114 55115 55116 55117 55118 55119 55120 55121 55122 55123 55124 55125 55126 55127 55128 55129 55130 55131 55132 55133 55134 55135 55136 55137 55138 55139 55140 55141 55142 55143 55144 CHECK DATE 08/12/03 08/12/03 08/12/03 08/12/03 08/12/03 08/12/03 08/12/03 08/12/03 08/12/03 08/12/03 08/12/03 08/12/03 08/12/03 08/12/03 08/12/03 08/12/03 08/12/03 08/12/03 08/12/03 08/12/03 08/12/03 08/12/03 08/12/03 08/12/03 08/12/03 08/12/03 08/12/03 08/12/03 08/12/03 08/12/03 08/12/03 08/12/03 NO. RIV100 RIV110 RIV325 RUT050 SAX100 SEC045 SMA010 SOCO10 SOU007 SOU100 STA045 STA049 ST0040 STU010 TAI100 TRA007 TRA200 TRU010 UND010 USB050 USB150 VAL005 VAL020 WAL010 WAS008 WES020 WHE050 WIR100 WLC100 W00100 XER012 YOU100 VENDOR NAME RIVERSIDE COUNTY SHERIFFS RIVERSIDE COUNTY SHERIFFS RIVERSIDE RUBBER STAMP RUTAN & TUCKER SAXON ENGINEERING SERVICE SECURITAS SEC SCS INC SMART & FINAL THE SOCO GROUP INC SOUTHWEST NETWORKS, INC SOUTHLAND GEOTECHNICL INC STAN'S AUTO TECH STAPLES BUSINESS ADVANTGE CAM STONE'S AUTOMOTIVE WILLIAM STUBBLEFIELD TAILORED GOLF INC TRAFFEX ENGINEERS INC STEVEN TRAXEL TRULY NOLEN INC UNDERGROUND SERVICE ALERT U.S.BANK TRUST NATL ASSOC US BANK N A VALLEY ANIMAL CLINIC VALLEY PLUMBING WAL MART COMMUNITY WASTE MANAGEMENT -DESERT WEST GROUP WHEELER'S WIRELESS WEST WLC ARCHITECTS INC DEBBIE WOODRUFF XEROX CORPORATION YOUNG ENGINEERING SERVICE CHECK TOTAL PAYMENT AMOUNT 394350.17 2980.80 55.79 51375.23 4340.00 80.00 44.26 197.82 877.50 12740.00 2299.49 1510.63 272.59 231.00 1000.00 4722.98 50.00 326.00 77.00 7000.00 22756.37 1487.67 17.23 105.55 1740819.57 129.30 950.00 265.05 1825.25 315.00 1422.16 6790.00 2,673,851.58 13 5 ,7..� T-i VA N M 1--1 N C <T Vr Lo %0 N N O H E z M 0 11 H � H x co C.) o Ul) to Ln H H H H Ln Ln Ln H O o W E M 0 o O H H H H o 0 Cl H L+1 C7 r� r LA OD OD co Oo OD OD OD aD OD O r F� G0 E E E EI E E EH E E+ . 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NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** PAYMENT AMOUNT 54999 08/07/03 &02059 SUSAN MONTANA 25.00 55000 08/07/03 AME050 AMERICAN PUBLIC WORKS ASC 712.50 55001 08/07/03 COA080 COACHELLA VALLEY WATER 1122.98 55002 08/07/03 DRIO05 DRIVER ALLIANT INS SVC 475.00 55003 08/07/03 ENT050 ENTERPRISE RENT -A -CAR 116.10 55004 08/07/03 FAN200 FANTASY LANES 42.00 55005 08/07/03 HIL150 HILTON FARNKOPF & 4071.86 55006 08/07/03 IMPO10 IMPERIAL IRRIGATION DIST 10745.59 55007 08/07/03 IMP012 IMPERIAL IRRIGATION DIST 500.00 55008 08/07/03 NEX010 NEXTEL COMMUNICATIONS 295.77 55009 08/07/03 PER010 RONALD A PERKINS 26.63 55010 08/07/03 POW300 POWER PERSONNEL INC 3681.83 55011 08/07/03 SCH300 BILL SCHINSKY 35.00 55012 08/07/03 SIE075 SIERRA LANDSCAPE CO INC 66015.29 55013 08/07/03 SOU010 SOUTHERN CALIF GAS CO 53.68 55014 08/07/03 SPRO10 SPRINT 832.21 55015 08/07/03 TRI085 TRI-STAR CONTRACTING INC 32450.00 55016 08/07/03 VER200 VERIZON 4276.15 CHECK TOTAL 125,477.59 30 p4j, O OD Ol O r-1 N M V' 0 w I- m N ri rA rl -4 ri r♦ H r-I e-i O E• z M O t` OD U L� C9 C7 C9 C7 c7 C7 C7 0 C7 C7 C9 C7 c7 0 0 0 0 CD o W H E E E E E E E E E E E E E E E U' FC W W W W W W W W W W W W W W W W W W W a s H H H H HP H H H EA H H H H H HP H H N O LO LO LO to m cr lD O O O to lD tr7 O to ao lD d> N E-t O t� N l� [� O 00 O O ri O CD 00 OO M ri lD V' N F4 z to OD W OD OD N tf) to tf) tD N r 1 tf) tf) lD ri Ol O kD x ::) N r-1 to ri r 4 m W N O OD VW OD M H r-( >t 0 . 1 M . 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H 24 O H z M O CD M a:0 C7 C7 C7 C7 C7 C7 C7 C7 t7 O W H E E E E E E E E C7 FC W W W W W W W W W W E Q W H H H H H H H H H H a a N O �-1 M %D N to V' 1,n N V N &I O m tD M O O v v M In z w H z• o w 0 0 N ON M M N N >4 0 (3) N� v N M a O U') O r1 O A 1n Ir z V• N O N a' (Y� M W U w W o o w o H H U E-4 W U U U w U o o U U H a a so >>> z> H H>> a cn cn m cn o A > ix z A a z U a z w w w w U w w z H w a w z z z 4 z ►-+ H z z w W H> O O o H o a a o o> A w x x x rC x a a as x cn a a a a A a H H a a ww H O a 0 1- tD OD W to 1- OD 0 0 W 1n N m r- w N w M O > 1 > co Ol r-1 0 1` r-1 O O r- N H A H 0 � -W V' O V' H v v v H z - t` w lD x w 1` tD w tD A Lo Lo A 1n r- 1n Lo in H x a a a w m a 1 O O rw H a O 0 0 0 0 o M N o 0 w o o O o w o w M 0 0 oq o 0 O o N o w w o o E a r+ Lo Lo uo vl 1n .-4 .-4 ul 1n z tD M M M O m m M M lM N tD to W tD tD tD tD w tD H z O M M M e-i M V' o .n ul 1n O 1n Ul 1n an 1n O O V' v r-1 H U U 9-1 Q O O O O O O O O O O U z H z M H O H o U 1n a z 1 O FC U W H H z z z z z z z z z, Q H 0 0 0 0 0 0 0 0 0 >a 01 Q,' a t H H H H H H H H H a 4 O H a s ac a a a a a a '4 r z H > > > > > > > > > H w W z 0 > 1n o 0 0 0 0 0 0 0 O p OD o 0 Co 0 0 0 0 0 O >r O N. N N N N N N N U H H a a a a 0c a a a a U H a w W w W W W W W W 4 U EH > > > > > > > > > of to I� to N ri a a H O H H z w a a 33 25 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 54998 08/04/03 AD0010 DON ADOLPH CHECK TOTAL 3:04PM 08/04/03 PAGE 1 PAYMENT AMOUNT 592.49 592.49 34 26 H . 0 H z M O O \ '+ x ao U A o � H� � E Q 04 E+ a a 1` rn N E+ d z H W z N >+ O U') a m qw Ga N O rn LO w a CD 4 w a > a w � z a H O w 0 W H Ef E4 U E-F z H a O a O H $ O > a A H (n M: W W H > A W cn a w w H A a w 0 w a > 1 > to w H A 1z-+ z O A H .Y. a ca w cn a 1 0 O w EH Ix o w o cn o E z M H z H ] o 0 v U •-� Q o H M O O LO a d I a w e-4 W H O � � a w OA a 0 cn z A H w w z 0 > o x H O �H o EA 0 Q U rn N ON LO a H O E• H z w a I A H �i a w at I 0 H 35 27 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 54997 07/31/03 GEN100 THOMAS P GENOVESE CHECK TOTAL 2:29PM 07/31/03 PAGE 1 PAYMENT AMOUNT lox$][$] 1,110.00 28 3 C N U W H A 0 1 z H A H A H x w a ao W as a 1 0 O r" E- H >4 a a En E w z 0 rD U H a U z � a� o E z U C7 E FC W GO E O O E o O V. E W z o 0 z 0 -4 ra �+ O ri z O a • W z E H 'J z 0 A z w 0 0 x o E H r-i W a w U W � G4 E H z 0 a UP z a 0 0 0 r m t.O N O r-1 0 W W 0 z w 0 a N x E 0 0 .z w 0 a a E 0 E E-E z w E N Q a 37 O ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 12:11PM 07/31/03 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.*** 54962 07/31/03 AD0010 DON ADOLPH 100.00 54963 07/31/03 ATT075 AT&T WIRELESS 92.31 54964 07/31/03 BECO10 DEBORAH BECHARD- 50.00 54965 07/31/03 BRO100 SHELDON BRODSKY 50.00 54966 07/31/03 CAL040 CALIFORNIA VISION SERVICE 1111.26 54967 07/31/03 CAL167 CALPERS LONG-TERM CARE 1.00 54968 07/31/03 CAL300 GARY CALHOUN 50.00 54969 07/31/03 CAN050 CANADA LIFE ASSURANCE CO 599.28 54970 07/31/03 CR0003 MICHAEL CROSS 50.00 54971 07/31/03 DEN100 CRISTINA DENIEL 50.00 54972 07/31/03 FAS050 FAST'FRAME 107.75 54973 07/31/03 FOU100 FOUNDATION FOR RETARDED 2172.05 54974 07/31/03 GAT015 GATEWAY BUSINESS 14912.62 54975 07/31/03 IMPO10 IMPERIAL IRRIGATION DIST 24717.98 54976 07/31/03 JON130 MARCIA JONASSON 516.00 54977 07/31/03 LAQ050 LA QUINTA CITY EMPLOYEES 556.79 54978 07/31/03 LEW010 TOM LEWIS 50.00 54979 07/31/03 LOU100 ELSE LOUDON 50.00 54980 07/31/03 MAH100 CYRILLE P MAHFOUD 50.00 54981 07/31/03 MOU100 DONALD J MOULIN 50.00 54982 07/31/03 OLA100 MILTON OLANDER 50.00 54983 07/31/03 PLA050 CHRISTOPHER PLATAMONE 318.50 54984 07/31/03 POW300 POWER PERSONNEL INC 924.80 54985 07/31/03 REY050 ELAINE REYNOLDS 50.00 54986 07/31/03 RIV040 RIVERSIDE CNTY DEPT CHILD 426.50 54987 07/31/03 SNIO10 STANLEY SNIFF 96.08 54988 07/31/03 SOU010 SOUTHERN CALIF GAS CO 778.09 54989 07/31/03 STA044 DARREN STANLEY 62.50 54990 07/31/03 STJO10 VICTORIA ST JOHNS 50.00 54991 07/31/03 TIM075 TIME WARNER CABLE 699.95 54992 07/31/03 UNIO05 UNITED WAY OF THE DESERT 182.00 54993 07/31/03 UNI305 UNITED STATES TREASURY 12300.00 54994 07/31/03 UNU050 UNUM LIFE INS 2717.-22 54995 07/31/03 VER200 VERIZON 190.11 54996 07/31/03 YOU050 LINDA YOUNG 50.00 CHECK TOTAL 64,232.79 W_j 30 H N M . -I r r•1 M M O N dD C' Ln tP�G V M LO N d' LO O E z m M (71 O W F E E X E rn rn E E E E W W C7 4 W W W w W rn rn W M W W C-1 H E+ g a ai F E+ H H E-H F F E+ F H M cM O O r-1 O O tO O O OD O O Ln' w 1. H O Co N O O N O o r V' .-+ z w H z O rn O O r 2: O O 117 to .-i LO 01 to to O M ?+ rl Ln .1 H SOS a o o W 0 o ao p o �n O M O O N O O N o O r O N O O r 1 f/] O a1 O r o rn (7 Ln C7 Ln .-+ 04 0 Ln m 0 u-) O z z W z Lrn z O w E z E > > z o W P7 fn to O O W E O O H °`4 ' F U a W W a a a a a a D a a > a a cn a Q z z Q U Q o Q 4 c9 41 U 4 V) 4 U 4 0 4 0 FC H z FC H O O E > E-H F H E-+ a H 9 H z H > F FC H z F 04 O U O x x 0 U)O o4 O o O 1 O v) O H O m O O ►-+ O W H H H a a F E+ v! E • F H F H H F H x U H 0 >+ z i4 >4 0 >4 z H OH a � w o cA cn 1z E+ c>~ a o4 H a 41 a H 04 w o4 H c4 W 04 w c� O H a w w o z z o 14 z 0 4 CI z 0 H 0 0 H z U w z a a z a z a z o z 0 z a z -� z :::) z cn z o z v) . H Cl) H > a > E > a > U)i �. > > 44 > > > > o > a 0 W H Z H O D H 04 O H O z x W U) a4 3 3 U U 7 a U a U H a[4 0 rA4 U w M O O rt; o o p H 0 04 LO ko 0 0 O o 0 0 w r r N N C N N N ON r H ONH z 0 z ,-, E a ko M a a CD a %o a a H z r cal a D r•+ o Ul a o 0 N cn h h o h oo h h W H x w a w w a 1 0 0 w E x o 0 0 0 0 0 0 0 0 0 0 0 0 w O %o ko o O o O O O O O o O pp O %D&0 o O O O o 0 o O o 0 aH U') Ul ON rn LO o rn r ON rn H r-I z f"1 M M O O M M O M O o O N N to to <n Lo N N to N to Un r to E z O (M M r-1 r 1 O O H O r-I r 4 O p LO LO LO Ln O o to Cl Ln Un O O O O ' i ri N N O O N O N r M U U .-i H H O O o O O O O O O O O O O -4 r-I '-1 .-� .-� r-I r•1 H O 0 W C] U fW/1 U H W LO w 4' o z Cl) w w w () w x a s w a 0 o w a 0 W z W F a W W W t11 H a x H U 0 H a 4 a z H a04 H o a x z S P44 w W U o a H w o Ol 9 w 4 a4 E F o a H a cn F z a o z w w at w a a a z U H In 0 0 o F H w x 4 4 H a 4 o r4 0 a 0 V) U U U U E U rw H 1� z 0 z 7 o in in o 0 o r o o M o 0 0 3.9 O H r r r+ O -W kD O LO o o �n o O >. o O O O H o H M o O H o O F O F E-H U O a a a O a z w U) < 0 U H 0 F H w 04 < 4 U U A w w U a a m w v U U 31 z r w rn o N M er LOI'D r w m o .-4 u) rn aD r r-I e I r 1 e 1 ri ri rl r-I ri H N N N N V' M C O H z M 0 r N U C7 C7 C7 C7 C7 0 C7 U C9 C9 c9 U C7 C7 C7 C7 rn m C7 0 C7 E O W H E E E z E E E E E E E E E E E m 0) 0) rn W E W W C7 4 W W W W W W W W W W W W W W W W H H E-4 E4 a GO H H E-4 H H H H E-H H E-4 H E-H H H H E-4 E-F m cr O O O O O1 N l0 *-a O 110 t0 V' r M t0 01 O Ol O O O H ' + to to to t0 to cr m LO o tD a OD .--4 cn Ul) o r o O o r-1 z W H z OD N O t0 O 1n t0 V' .-► OD 10 r t0 t0 O O o M: D N O1 V' a N r♦ OD N -4 CO N W H t0 ri (D LO LO U-) LO > O OD V' t0 as N OD O OD W to M O LO LO LO LO a N N N N N a rI N N OD O m O O O t0 01 Cl r O O N N 0:4 H A to FC V) C9 U-) < r♦ rn ZO U-)H GOO W U) O O H U U) O U) v > w U) Cl) U) U) 1-4 a a < pz� 0 RC < o� a < > 'a A 4 a U) rC A z H a H a E-+ a H GG H < a H U) H U U U U U U U U U U H C9 E+ a H < E+ H E+ RC O H H H H H O a O > > > > > > > > > > 0 1 O O O 04 0 W H x x aC x x H W H U) w U) v) N v) W H H H E-4H ri; H Z w �� a U U U U U U U U U U a a d-) a W a a s W " O H H H H H 04 H O a 0 1-4 F-I H H H H H H H H O N O v) 0 2: 0 O E > a H H H H H A z A a a a G4 a a a 04 a a A •,., A •,.., A H A A H z U U) 0 w w w z O z E-+ H H H H H H H H H z A z A z U) z D z U) H v) 0 0,0 O W U W U U U U U U U U U U W W W w W H W W W .O a a a a a> > W W W W W W W W W w> a a> >> t7 > > A w w w w w 0 a a a a A O A a a A z D z fn A A A A A -4 W W W W W W W W W W a a H U H r OD VV o 0 0 H A a LO cn cn cn to to 0 0 0 r D D D D Du) U) U) r r N N N >, > �A r-4 .-4 -4 r 4 O O O O O O D D D Lo L >+ >+ z H A z H , D ON rn O1 •a O1 cr m v' m v' r Ln H a H H 1% H H O H O H O H M t0 M w 1-4 a rl ,-� A z .-4 W .--1 W r1 W r-1 W r! 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BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Transmittal of Treasurer's Report dated June 30, 2003 for the City of La Quinta. FINDINGS AND ALTERNATIVES: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1 /1 /86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. esp ully submitte , JJ VM. o er, Finance Director Approved for Submission by: ;W�� /`��0,000 T omas P. Genovese, City TVIanager Attachment 1: Treasurer's Report, . City of La Quinta 6W ATTACHMENT 1 MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for June 30, 2003 DATE: August 11, 2003 Attached is the Treasurer's Report for the month ending June 30, 2003. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. The following table summarizes the changes in investment types for the month: Investment Beginning Purchased Notes Sold/Matured Other Ending Change Cash $9,618,934 (1) ($3,905,407) $5,713,527 ($3,905,407) LAIF $21,766,400 (500,000) 21,266,400 (500,000) US Treasuries (2) $61,953,600 51,025,943 (43,000,000) 35,540 70,015,083 8,061,483 US Gov't Agencies (2) $19,908,427 (5,000,000) 20,575 14,929,002 (4,979,425) Commercial Paper (2) $0 0 0 Mutual Funds $16,638 1,000,184 1 1,016 822 1,000 184 Total $113 263 999 $52 026127 $52 405 407 $56115 1112,940,834 $323165 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. the City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. NVI111 M. 1 091-We 1G1 Finance Director/Treasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. ` L 0,3 Date AM 2 W N Z 5 a A LL LLto E �� N N u'i C CM8i v N dddlll t0 Lc N b e *�8 v Lt $ � 8 8 -1 8 8 3 1.; E '32 y C aO • ��pp oocoo p �`y!pp8888 pQ8O � 8 co m � 8 — a� 9 . in Ui m {�Dv 61SH 16 Z m J z g co cc C CQv Gto V $ LL g ar °� Z LL f. 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C r p -lid 8 ea IM p 5o.aJ:52 U- 47 § k 2K\�$ � _ kkk� ��k ® cm04 § $ � e e ■ A � & �gttc� � fv\$ Kk§C4 . � %#-§ � 2/�2 , t I�. §LL Apt § LL c 2 z 8 I§ 2 Lf , � .a « c s §.� f , \. -a 2��f��3§fk CS \/�� LL 2� \�.A a�a @` ® ; 7 Uk�\IS�2�kcR2� o® Ea a:] Os crf O q- M $ ti Y9 A � Nip V-'in �� -tit��NNOM� g O r p r 1A to N.M- go N r v Imp �p QII� N�OMCO hcf)0o �p <O V-v- tt0�1A� o00 Iff 1Q ^ O C t0 c0 r- Go ED O O O $ pj O 0 N ONNa d N 0001 MC N O V K ff O N 0 f a to in N id N ONN N 8 N O M0 Of �r-��M p� M C M pp (DD 1n Q VV of f�j d M CODC"iCEN� CO Df O ��t�ppppO)O> ew O N �N G O) C r.-Cl) i�ti cD O� p I N N M 0) r- N m Z .Z O/ p► a) ``pL '- a V) CO)^OQV o NjU)Ld �p � i.Nl7 ti� r O �NANOO r 1� ^ ti r N t0 000ON1� �r'N 0105�1�a M�a��f N 1� .�.. `00 VZ r tll p �p DOONO ~ptA��t00 pp `i��co O pj O N� N O O r-N pOp M N p! M � Q9 U. �Ni-��11� V NO�QN�'O O 7�V. N t� IA �Op C7 ►�OOOh�117'=�1��p� 6 N Oi Q p MM�Nf~O UUV'-, ~ r m Z C Hy a� N � l0 � x C r +' a L m a u► F- .. a: U) c C V-3Z 0 Q f� ul N cc a C N W ` S v U. m a �c`°n�VLCO 0 z IN 99 �x s0OoO000 � a000000 f O1 jacoo 0000 91 Ins ♦ M N N I III w � o �§�oeeeeeeceeeo � A 00 • di _ i► w M �N�I� If1OOOl9 �00�� fill AS018$a$d 50 CITY OF LA QUINTA CITY CITY FIXED LONG TERM RDA RDA FA FD(ED LONG TERM FINANCING LONG TERM DEBT GRAND TOTAL BALANCE SHEET 08/30/03 CITY ASSETS DEBT RDA ASSETS DEBT AUTHORITY ASSETS: (8.750 456) 0 0 35,212,799 0 0 7,848 0 0 0 26,470,190 487'000 POOLED CASH LORP INVESTMENT IN POOLED CASH 0 0 0 487,000 0 0 0 0 0 0 0 56,000,000 INVESTMENT T-BILLINOTES & OTHER �.�•� 0 0 0 0 AUTO MALL CASH 0 0 0 0 21,737 0 0 0 0 0 21,737 2,320 LORP CASH 0 p 0 2,282 0 0 0 0 0 0 BOND REDEMPTION CASH 0 0 0 0 0 0 0 30,133,502 BOND RESERVE CASH 0 0 0 30133,502 0 0 0 0 BOND PROJECT CASH 0 0 0 0 0 0 0 0 0 1,000 BOND ESCROW CASH 1000 0 0 0 0 0 0 7,905 0 113,115.749 PETTY CASH CASH &INVESTMENT TOTAL 47,250,544 0 0 65,857,300 0 INVESTMENT IN LAND HELD FOR RESALE 0 0 0 0 0 0 0 0 0 53.722 0 60,900 0 0 0 0 0 0 0 114.622 (174,916) ACCOUNTS RECEIVABLE PREMIUM/DISCOUNT ON INVESTMENT (58•�) p 0 (118552) 78,447 0 0 0 0 0 78,447 LORP-ACCOUNTS RECEIVABLE 0 357,959 0 0 0 0 0 0 0 0 0 357.934 13,215.624 INTEREST RECEIVABLE (59) p 0 13,215,683 0 0 0 1.306,678 LOAN/NOTES RECEIVABLE DUE FROM OTHER AGENCIES 1,185.396 120.283 0 0 0 0 2,298'087 DUE FROM OTHER AGENCIES - CVAG 2,298.097 0 0 (2,299,097) CVAG ALLOWANCE (2.299,097) 0 0 0 p p p 0 349,042 0 DUE FROM OTHER GOVERNMENTS 349.042 0 0 0 0 0 0 0 0 15,597,550 DUE FROM OTHER FUNDS 597 15,,550 0 0 0 0 0 p 0 0 0 DUE FROM RDA INTEREST ADVANCE -DUE FROM RDA 5,483.766 0 0 0 4,898,927 0 4,896,927 4,898,927 ADVANCES TO OTHER FUNDS 0 0 0 0 0 p p 0 56 220 0 NSF CHECKS RECEIVABLE 58,222 0 0 0 0 0 0 0 0 30 . ACCRUED REVENUE 0 3p8,82'2,199 049 , 834 1049,34 FIXED ASSETS ACCUMULATED DEPRECIATION 1, 049.300 0 0 0 0 0 0 0 300 TRAVELADVANCES 300 0 0 0 0 0 0 0 0 0 0 0 0 17,515 EMPLOYEE ADVANCES 17 15 0 0 0 0 0 0 0 0 350,973,547 PREPAID EXPENSES RECEIVABLE TOTAL 24,093,680 308,822.199 0 18,257,888 0 WORKER COMPENSATION DEPOSIT 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 RENT DEPOSITS 0 75 0 0 0 0 0 0 0 0 0 0 75 185 998 UTILITY DEPOSITS 998 0 0 185 000 0 0 p 0 0 188,073 MISC. DEPOSITS DEPOSITS TOTAL 1.073 0 0 185,000 0 0 p 0 52,094,305 0 0 0 52.094,306 0 GENERAL FIXED ASSETS 0 0 0 0 0 ACCUMULATED DEPRECIATION AMOUNT AVAILABLE TO RETIRE L/T DEBT 0 0 0 0 0 0 p 160,998,172 0 0 7.475,000 170,187.404 AMOUNT TO BE PROVIDED FOR L/T DEBT 0 0 1,�4,232 1894,232 0 52,094,306 160 998172 0 7 475 000 222,281,710 TOTAL OTHER ASSETS 0 0 71 345.277 308 222199 1694.232 84.299 988 52.094.306 160 998.172 7.905 7.475.000 688.537.079 TOTAL ASSETS LIABILITIES: 1,274,476 0 0 2,368.690 0 0 0 2.500 0 3,645,665 1,802,009 ACCOUNTS PAYABLE 1.802.009 0 0 0 0 0 0 0 2,597,785 DUE TO OTHER AGENCIES 0 0 0 0 0 0 23.382,454 DUE TO OTHER FUNDS 4,898,927 0 0 8,483,537 18,483,537 0 0 0 0 0 21,694 INTEREST ADVANCE -DUE TO CITY 21.894 0 0 0 0 95" ACCRUED EXPENSES 0 0 0 95,538 p 0 130.33 INTEREST PAYABLE 130,335 0 0 0 0 p 0 0 0 0 0 PAYROLL LIABILITIES 0 0 0 0 0 0 0 0 104,430 STRONG MOTION INSTRUMENTS 104,430 0 0 0 0 0 0 0 FRINGE TOED LIZARD FEES 0 0 0 p 0 0 0 SUSPENSE DUE TO THE CITY OF LA QUINTA 0 0 0 0 0 0 23.545,550 0 p 0 0 2,W 0 31.579.920 PAYABLES TOTAL 8,031,871 p 1.400 ENGINEERING TRUST DEPOSITS 1 '� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 19,309 S0. COAST AIR QUALITY DEPOSITS p 0 0 0 19 309 0 0 0 0 0 1,247,646 LORP DEPOSITS 1,278,310 0 0 (19,309 0 0 0 0 0 464.855 DEVELOPER DEPOSITS 439,855 0 0 25,000 0 0 0 0 1,717,262 MISC. DEPOSITS 11717262 0 0 0 0 0 p 0 3,450 472 AGENCY FUND DEPOSITS TOTAL DEPOSITS 3,436,831 0 0 13.641 0 1 188 398 0 0 11 079 895 0 0 0 0 0 0 0 12,268,091 1z,M 091 DEFERRED REVENUE OTHER LIABILITIES TOTAL 1.185,396 0 0 11,079,895 0 p p 422198 422,198 0 0 0 0 0 0 0 0 422,198 743,723 COMPENSATED ABSENCES PAYABLE 0 0 0 0 0 0 528,311 DEVELOPER AGREEMENT 0 0 528.311 0 0 p 0 0 2,250,000 DUE TO THE CITY OF LA QUINTA 0 0 0 2,250.000 0 0 8,053,172 DUE TO COUNTY OF RIVERSIDE 0 0 0 0 0 6.083.172 0 0 DUE TO C.V. UNIFIED SCHOOL DIST. 0 0 0 0 0 0 0 0 7 475 000 158160 000 DUE TO DESERT SANDS SCHOOL DIST. 0 0 0 0 0 150.685 000 0 7,475,000 170.167,404 BONDS PAYABLE 0 0 1,894 232 0 0 160.998,172 TOTAL LONG TERM DEBT 0 160,998,172 2,500 7,475,000 217,483,887 12,855.098 0 1,�4,232 34,838,888 TOTAL LIABILITIES 58,890,179 308,822,199 0 49,681,103 52,094,308 0 5,405 0 469,073,192 EQUITY -FUND BALANCE 71 345,277 308 622199 1 894 232 84.299 988 52 084 30 180 998.170 7.900 7,475.000 888.537.0-79 (00) TOTAL LIABILITY &EQUITY (0) 0 0 0 0 CASH & INVESTMENT TOTAL 113,115.749 PREMIUM/DISCOUNT ON INVESTMENT (174,910) TOTAL 112.940.834 51 E 0 o F iNmWORNM Of/ OF � AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: August 19, 2003 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Transmittal of Revenue and Expenditure Report for PUBLIC HEARING: June 30, 2003 RECOMMENDATION: Receive and File BACKGROUND AND OVERVIEW: Transmittal of the Statement of Revenue and Expenditures for June 30, 2003 for the City of La Quinta. espe fully sub itted, Jo n M . Falcon r, Finance Director ov for submissi n b Thomas P. Genovese, City Manager Attachments: 1. Revenue and Expenditures for June 30, 2003 52 ATTACHMENT CITY OF LA QUINTA REVENUES - ALL FUNDS 07/01/2002 - 6130103 FUNDS BUDGET RECEIVED RECEIVED General $17,741,141.00 $21,886,114.58 123.40% Library 623,100.00 509,742.36 81.80% Gas Tax Revenue 569,900.00 566,070.90 99.30% Cmaq/lstea 595,235.00 0.00 0.00% Federal Assistance 164,800.00 30,000.00 18.20% Assessment District 2000-1 0.00 10,156.44 0.00% Slesf (Cops) Revenue 102,487.12 100,992.70 98.50% Local Law Enforcement 28,300.00 25,395.00 89.70% Lighting & Landscaping 829,700.00 780,258.73 94.00% Quimby 33,400.00 101,030.01 302.50% Crime Violent Task Force 94,881.35 113,696.04 119.80% Infrastructure 61,700.00 70,822.33 114.80% Village Parking 0.00 0.00 0.00% South Coast Air Quality 23,281.00 35,580.49 152.80% LQ Public Safety Officer 2,300.00 2,288.67 99.50% Interest Allocation 0.00 (0.01) 0.00% Capital Improvement 42,320,275.03 16,117,879.92 38.10% Lq Norte Capital Improvement 0.00 0.00 0.00% Urban Forestry 1,100.00 0.00 0.00% Equipment Replacement 333,148.00 379,502.07 113.90% Information Technology 176,164.00 171,746.56 97.50% Arts In Public Places 104,000.00 241,417.88 232.10% Transportation 572,100.00 1,597,669.81 279.30% Parks & Recreation 271,500.00 453,265.59 166.90% Civic Center 213,300.00 404,571.83 189.70% Library Development 130,400.00 210,815.42 161.70% Community Center 53,600.00 96,015.45 179.10% Street Facility 8,500.00 26,648.22 313.50% Park Facility 2,700.00 4,968.10 184.000/6 Fire Protection Facility 48,700.00 89,506.94 183.80% Library Development (County) Facility 204,000.00 202,303.30 99.20% La Quinta Financing Authority 688,130.00 679,358.82 98.70% RDA Project Area No. 1 36,192,205.00 35,754,257.11 98.80% RDA Project Area No. 2 14,979,354.00 14,122,239.04 94.30% Total $117169,401.50 $94,784 314.30 j 80.90% 53 CITY OF LA QUINTA EXPENDITURES - ALL FUNDS 07/01/2002 - 6130103 FUNDS BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET PERCENT General $19,462,544.77 $15,590,773.46 $241,160.32 $3,630,610.99 80.1% Library 0.00 0.00 0.00 0.00 0.0% Gas Tax 569,900.00 569,899.92 0.00 0.08 100.0% Cmaq/lstea 595,235.00 0.00 0.00 595,235.00 0.00/0 Federal Assistance 164,825.00 37,320.00 0.00 127,505.00 22.6% Proposed Assessment District 142,657.21 150.00 0.00 142,507.21 0.1% Slesf (Cops) Revenue 100,287.12 100,287.12 0.00 0.00 100.0% Local Law Enforcement 0.00 32,110.98 0.00 (32,110.98) 0.0% Violent Crime Task Force 120,000.00 132,020.04 0.00 (12,020.04) 110.00/0 Lighting & Landscaping 829,700.00 803,714.00 0.00 25,986.00 96.90/0 Quimby 200,826.35 74,928.35 0.00 125,898.00 37.3% Infrastructure 3,783,089.00 1,894,586.20 0.00 1,888,502.80 50.1% Village Parking (1,892.85) 0.00 0.00 (1,892.85) 0.0% South Coast Air Quality 52,129.00 8,042.61 0.00 44,086.39 15.4% Lq Public Safety Officer 10,000.00 10,000.00 0.00 0.00 100.00/0 Interest Allocation 0.00 0.00 0.00 0.00 0.0% Capital Improvement 42,320,274.26 16,117,879.91 0.00 26,202,394.35 38.1% Lq Norte Capital Improvement 0.00 0.00 0.00 0.00 0.0% Urban Forestry 1,100.00 0.00 0.00 1,100.00 0.0% Equipment Replacement 352,567.00 301,549.99 19,000.00 32,017.01 85.5% Arts In Public Places 482,961.00 314,462.00 0.00 168,499.00 65.1% Transportation 1,302,363.00 1,019,180.32 0.00 283,182.68 78.3% Parks & Recreation 5,391,927.00 4,825,886.42 0.00 566,040.58 89.5% Civic Center 568,518.00 240,799.86 0.00 327,718.14 42.4% Library Development 5,231,894.04 156,963.73 0.00 5,074,930.31 3.0% Community Center 0.00 0.00 0.00 0.00 0.00/0 Street Facility 0.00 0.00 0.00 0.00 0.00/0 Park Facility 0.00 0.00 0.00 0.00 0.0% Fire Protection 1,500,000.00 0.00 0.00 1,500,000.00 0.0% Library County DIF 0.00 0.00 0.00 0.00 0.00/0 Information Technology 633,400.00 383,497.65 191,108.00 58,794.35 60.5% La Quinta Financing Authority 557,328.58 689,121.00 0.00 (131,792.42) 123.6% RDA Project Area No. 1 49,724,735.77 36,630,815.38 2,812,000.00 10,281,920.39 73.7% RDA Project Area No. 2 19,315,184.01 14,622,379.13 727,296.00 3,965,508.88 75.7% Total $153,411,553.26 $94,556,368.07 $3,990,564.32 $54,864 620.87 61.6% 07/01/2002 - 6130103 CITY OF LA QUINTA GENERAL FUND REVENUES DETAIL TAXES: Property Tax No Low Property Tax Distribution Document Transfer Tax Sales Tax Transient Occupancy Tax Franchise Tax TOTAL TAXES LICENSE & PERMITS: Business License Animal License Building Permits Plumbing Permits Electrical Permits Mechanical Permits Misc. Permits TOTAL LICENSES & PERMITS FEES: Sale of Maps & Publications Community Services Fees Bldg & Safety Fees Community Development Fees Public Works Fees TOTAL FEES INTERGOVERNMENTAL Motor Vehicle In -Lieu Motor Vehicle Code Fines Parking Violations Misc. Fines AB939 County of Riverside Grant State of California Grant Fire servicesCredit CSA152 Assessment TOTAL INTERGOVERNMENTAL INTEREST MISCELLANEOUS Miscellaneous Revenue Litigation settlement Cash Over/(Short) TOTAL MISCELLANEOUS TRANSFER IN TOTAL GENERAL FUND REMAINING % BUDGET RECEIVED BUDGET RECEIVED 535,600.00 640,993.30 (105,393.30) 119.680% 704,700.00 1,159,623.00 (454,923.00) 164.560% 387,670.00 700,154.30 (312,484.30) 180.610% 3,800,000.00 4,345,381.00 (545,381.00) 114.350% 3,510,100.00 4,036,290.00 (526,190.00) 114.990% 560,000.00 690,543.50 (130,543.50) 123.310% 9,498,070.00 11,572,985.10 (2,074,915.10) 121.850% 175,100.00 186,219.90 (11,119.90) 106.350% 12,400.00 16,403.00 (4,003.00) 132.280% 412,500.00 1,224,718.26 (812,218.26) 296.900% 89,400.00 185,119.70 (95,719.70) 207.070% 68,000.00 200,982.57 (132,982.57) 295.560% 37,000.00 117,586.28 (80,586.28) 317.800% 46,200.00 51,097.39 (4,897.39) 110.600% 840,600.00 1,982,127.10 (1,141,527.10) 235.800% 1,200.00 8,886.17 (7,686.17) 740.510% 187,350.00 205,804.93 (18,454.93) 109.850% 357,950.00 1,039,686.41 (681,736.41) 290.460% 258,400.00 234,414.83 23,985.17 90.720% 468,550.00 813,966.60 (345,416.60) 173.720% 1,273,450.00 2,302,758.94 (1,029,308.94) 180.830% 1,426,200.00 1,768,388.46 (342,188.46) 123.990% 60,000.00 101,926.97 (41,926.97) 169.880% 45,000.00 63,391.47 (18,391.47) 140.870% 10,000.00 34,993.79 (24,993.79) 349.940% 145,000.00 119,467.55 25,532.45 82.390% 0.00 0.00 0.00 0.000% 211,481.00 106,383.42 105,097.58 50.300% 2,435,274.00 1,517,296.79 917,977.21 62.300% 150,000.00 189,703.25 (39,703.25) 126.470% 4,482,955.00 3,901,551.70 581,403.30 87.030% 1,464,100.00 1,877,053.83 (412,953.83) 128.210% 5,250.00 11,674.76 (6,424.76) 222.380% 0.00 75,510.42 (75,510.42) 0.000% 0.00 54.36 (54.36) 0.000% 5,250.00 87,239.54 (81,989.54) 1661.710% 176,716.00 162,398.10 14,317.90 91.900% 17,741,141.00 21,886,114.31 (4,144,973.31) 123.360% 55 4 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED LIBRARY: County of Riverside 621,600.00 492,493.82 129,106.18 79.230% Interest 1,500.00 17,248.54 (15,748.54) 1149.900% TOTAL LIBRARY 623,100.00 509,742.36 113,357.64 81.810% GAS TAX REVENUE: Section 2105 162,500.00 164,119.78 (1,619.78) 101.000% Section 2106 112,000.00 116,014.73 (4,014.73) 103.580% Section 2107 209,300.00 217,348.36 (8,048.36) 103.850% Section 2107.5 6,000.00 6,000.00 0.00 100.000% Traffic Congestion Relief 72,200.00 54,603.36 17,596.64 75.630% Interest 7,900.00 7,984.67 (84.67) 101.070% TOTAL GAS TAX 569,900.00 566,070.90 3,829.10 99.330% CMAQIISTEA CMAQ/ISTEA Grant 595,235.00 0.00 595,235.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL CMAQ/ISTEA 595,235.00 0.00 595,235.00 0.000% FEDERAL ASSISTANCE REVENUE: CDBG Grant 164,800.00 30,000.00 134,800.00 18.200% Interest 0.00 0.00 0.00 0.000% TOTAL FEDERAL ASSISTANCE 164,800.00 30,000.00 134,800.00 18.200% ASSESSMENT DISTRICT 2000-1 Interest 0.00 10,156.44 (10,156.44) 0.000% Assessment Bond Proceeds 0.00 0.00 0.00 0.000% Prepayments -sewer assessments 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL ASSESSMENT DISTRICT 0.00 10,156.44 (10,156.44) 0.000% SLESF (COPS) REVENUE: SLESF (Cops) Funding 100,287.12 100,712.88 (425.76) 100.420% Interest 2,200.00 279.82 _ 1,920.18 12.720% TOTAL SLESF (COPS) 102,487.12 100,992.70 1,494.42 98.640% LOCAL LAW ENFORCEMENT BLOCK GRANT REVENUE: LLEBG Funding 28,000.00 24,243.00 3,757.00 86.580% Interest 300.00 1,152.00 (852.00) 384.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL LLEBG 28,300.00 25,395.00 2,905.00 89.730% LIGHTING & LANDSCAPING REVENUE: Assessment 829,700.00 780,258.73 49,441.27 94.040% Developer 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL LIGHTING & LANDSCAPING 829,700.00 780,258.73 49,441.27 94.040% QUIMBYREVENUE: Quimby Fees 25,000.00 91,926.00 (66,926.00) 367.700% Interest 8,400.00 9104.01 (704.01) 108.380% TOTAL QUIMBY 33,40 .00 101,030.01 J67,630.011 302.490% CRIME VI LENT TASK FORCE REVENUE: Member Contributions 63,381.35 70,681.35 (7,300.00) 111.520% Grant revenue 31,500.00 38,050.00 (6,550.00) 120.790% Asset Forfeiture 0.00 3,690.00 (3,690.00) 0.000% Interest 0.00 1,274.69 (1,274.69) 0.000% TOTAL CRIME VIOLENT TASK FORCE 94,881.35 113,696.04 (18,814.691 119.830% aV 5 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % (continued) BUDGET RECEIVED BUDGET RECEIVED INFRASTRUCTURE REVENUE: Infrastructure Fee 0.00 0.00 0.000% Interest 61,700.00 70,822.33 (9,122.33) 114.780% Transfer in 0.00 0.00 0.00 0.000% TOTAL INFRASTRUCTURE 61,700.00 70,822.33 (9,122.33) 114.780% VILLAGE PARKING REVENUE: Interest 0.00 0.00 0.00 0.000% TOTAL VILLAGE PARKING 0.00 0.00 0.00 0.000% SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution 21,881.00 33,538.36 (11,657.36) 153.280% Interest 1,400.00 2,042.13 (642.13) 145.870% TOTAL SCAQ 23,281.00 35,580.49 (12,299.49) 152.830°k LQ PUBLIC SAFETY OFFICER FUND Transfer In 2,000.00 2,000.00 0.00 100.000% Interest 300.00 288.67 11.33 96.220% TOTAL LQ PUBLIC SAFETY 2,300.00 2,288.67 11.33 99.510% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0.00 (0.01) 0.01 0.000% Transfer In 0.00 0.00 0.00 0.000% TOTAL INTEREST ALLOCATION 0.00 (0.01) 0.01 0.000% CAPITAL IMPROVEMENT FUND: CVAG 2,963,317.89 1,060,698.92 1,902,618.97 35.790% CVWD 927,462.40 0.00 927,462.40 0.000% County of Riverside 0.00 0.00 0.00 0.000% Joint Powers Ins Authority 0.00 0.00 0.00 0.000% City of Indio 211,409.00 211,409.00 0.00 100.000% SB300 Funding 19,365.74 19,366.00 (0.26) 100.000% Surface Transportation 969,700.00 0.00 969,700.00 0.000% SB821-Bicycle Path Grant 55,353.00 0.00 55,353.00 0.000% State of California 650,000.00 450,000.00 200,000.00 69.230% APP Contribution 0.00 0.00 0.00 0.000% Developer Agreement Funding 2,000.00 0.00 2,000.00 0.000% Litigation Settlements 213,000.00 60,000.00 153,000.00 28.170% Transfers in From Other Funds 36,308,667.00 14,316,406.00 21,992,261.00 39.430% TOTAL CIP REVENUE 42,320,275.03 16,117,879.92 26,202,395.11 38.090% LQ NORTE CAPITAL IMPROVEMENT FUND: Prepayment 0.00 0.00 0.00 0.000% Bond Proceeds 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL LQ NORTE CIP 0.00 0.00 0.00 0.000% URBAN FORESTRY Grant Revenue 1,100.00 0.00 1,100.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL URBAN FORESTRY 1,100.00 0.00 1,100.00 0.000% r� CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % (continued) BUDGET RECEIVED BUDGET RECEIVED EQUIPMENT REPLACEMENT FUND: Equipment Charges 289,348.00 289,348.00 0.00 100.000% Capital Contribution 0.00 30,099.00 (30,099.00) 0.000% Sale of Fixed Asset 0.00 2,382.00 (2,382.00) 0.000% Interest 43,800.00 57,673.07 (13,873.07) 131.670% Transfers In 0.00 0.00 0.00 0.000% TOTAL EQUIPMENT REPLACEMENT 333,148.00 379,502.07 (46,354.07) 113.910 INFORMATION TECHNOLOGY FUND: Charges for services 162,164.00 162,164.00 0.00 100.000% Capital Contribution 0.00 0.00 0.00 0.000% Sale of Fixed Asset 0.00 (5,643.00) 5,643.00 0.000% Interest 14,000.00 15,225.56 (1,225.56) 108.750% Transfers In 0.00 0.00 0.00 0.000% TOTAL INFORMATION TECHNOLOGY 176,164.00 171,746.56 4,417.44 97.490% ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 87,300.00 228,043.98 (140,743.98) 261.220% Arts in Public Places Credits Applied 0.00 0.00 0.00 0.000% Interest 16,700.00 13,373.90 3,326.10 80.080% TOTAL ARTS IN PUBLIC PLACES 104,000.00 241,417.88 (137,417.88) 232.130% TRANSPORTATION Developer fees 549,000.00 1,517,387.84 (968,387.84) 276.390% Interest 23,100.00 80,281.97 (57,181.97) 347.540% Transfer in 0.00 0.00 0.00 0.000% TOTAL TRANSPORTATION 572,100.00 1,597,669.81 (1,025,569.81) 279.260% PARKS & RECREATION Developer fees 251,000.00 424,762.00 (173,762.00) 169.230% Interest 20,500.00 28,503.59 (8,003.59) 139.040% Transfer in 0.00 0.00 0.00 0.000% TOTAL PARKS & RECREATION 271,500.00 453,265.59 (181,765.59) 166.950% CIVIC CENTER Developer fees 183,000.00 365,775.99 (182,775.99) 199.880% Interest 30,300.00 38,795.84 (8,495.84) 128.040% Transfer in 0.00 0.00 0.00 0.000% TOTAL CIVIC CENTER 213,300.00 404,571.83 (191,271.83) 189.670% 5s CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL (continued) LIBRARY DEVELOPMENT Developer fees Interest Transfer in TOTAL LIBRARY DEVELOPMENT COMMUNITY CENTER Developer fees Interest TOTAL COMMUNITY CENTER STREET FACILITY Developer fees Interest TOTAL STREET FACILITY PARK FACILITY Developer fees Interest TOTAL PARK FACILITY FIRE PROTECTION FACILITY Developer fees Interest TOTAL FIRE PROTECTION FACILITY LIBRARY DEVELOPMENT (COUNTY) FACILITY Developer fees Interest TOTAL LIBRARY DEV (COUNTY) FACILITY REMAINING % BUDGET RECEIVED BUDGET RECEIVED 112,500.00 190,171.00 (77,671.00) 169.040% 17,900.00 20,644.42 (2,744.42) 115.330% 0.00 0.00 0.00 0.000% 130,400.00 210,815.42 (80,415.42) 161.670% 48,500.00 86,022.00 (37,522.00) 177.360% 5,100.00 9,993.45 (4,893.45) 195.950% 53,600.00 96,015.45 (42,415.45) 179.130% 7,500.00 24,353.60 (16,853.60) 324.710% 1,000.00 2,294.62 (1,294.62) 229.460% 8,500.00 26,648.22 (18,148.22) 313.510% 2,500.00 4,425.00 (1,925.00) 177.000% 200.00 543.10 (343.10) 271.550% 2,700.00 4,968.10 (2,268.101 184.000% 48,500.00 88,376.52 (39,876.52) 182.220% 200.00 1,130.42 (930.42) 565.210% 48,700.00 89,506.94 (40,806.94) 183.790% 200,000.00 200,000.00 0.00 100.000% 4,000.00 2,303.30 1,696.70 57.580% 204,000.00 202,303.30 1,696.70 99.170% 59 07/01/2002 - 6/30/03 GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET GENERAL GOVERNMENT: LEGISLATIVE 666,585.00 562,397.19 0.00 104,187.81 CITY MANAGER'S OFFICE 715,373.00 634,993.62 20,000.00 60,379.38 ECONOMIC DEVELOPMENT 905,719.00 774,127.94 0.00 131,591.06 PERSONNEURISK MGT 619,265.00 496,995.79 0.00 122,269.21 TOTAL GENERAL GOVERNMENT 2,906,942.00 2,468,514.54 20,000.00 418,427.46 FINANCE: FISCAL SERVICES 620,157.00 576,361.07 0.00 43,795.93 CENTRAL SERVICES 590,871.00 331,492.73 0.00 259,378.27 TOTAL FINANCE 1,211,028.00 907,853.80 0.00 303,174.20 CITY CLERK 460,305.00 419,035.44 0.00 41,269.56 COMMUNITY SERVICES SENIOR CENTER 291,065.00 269,386.13 0.00 21,678.87 PARKS & RECREATION ADMINISTRATION 842,534.00 631,273.26 12,352.32 198,908.42 PARKS & RECREATION PROGRAMS 95,850.00 102,394.52 0.00 (6,544.52) TOTAL COMMUNITY SERVICES 1,229,449.00 1,003,053.91 12,352.32 214,042.77 POLICE: POLICE SERVICES 4,511,101.33 4,485,189.48 0.00 25,911.85 TOTAL POLICE 4,511,101.33 4,485,189.48 0.00 25,911.85 BUILDING & SAFETY: BUILDING & SAFETY - ADMIN 212,016.00 209,880.90 0.00 2,135.10 CODE COMPLIANCE 568,159.00 521,909.45 0.00 46,249.55 ANIMAL CONTROL 203,582.00 170,115.41 0.00 33,466.59 BUILDING 789,968.00 892,238.58 0.00 (102,270.58) EMERGENCY SERVICES 35,390.00 23,158.51 0.00 12,231.49 FIRE 1,783,343.00 1,525,112.55 0.00 258,230.45 CIVIC CENTER BUILDING -OPERATIONS 1,030,063.00 1,018,745.95 0.00 11,317.05 TOTAL BUILDING & SAFETY 4,622,521.00 4,361,161.35 0.00 261,359.65 COMMUNITY DEVELOPMENT: PUBLIC WORKS: TRANSFERS OUT COMMUNITY DEVELOPMENT - ADMIN 546,312.00 406,103.75 0.00 140,208.25 CURRENT PLANNING 699,551.00 518,833.92 39,532.00 141,185.08_ TOTAL COMMUNITY DEVELOPMENT 1,245,863.00 924,937.67 39,532.00 281,393.33 PUBLIC WORKS ADMINISTRATION 294,397.00 224,936.10 0.00 69,460.90 DEVELOPMENT & TRAFFIC 1,248,986.00 1,125,244.92 23,300.00 100,441.08 MAINT/OPERATIONS - STREETS 2,067,674.00 751,127.63 110,042.00 1,206,504.37 MAINT/OPERATIONS - LTG/LANDSCAPING 1,601,786.00 1,593,196.88 35,934.00 (27,344.88) CONSTRUCTION MANAGEMENT 344,001.00 344,875.45 (874.45) TOTAL PUBLIC WORKS 5,556,844.00 4,039,380.98 169,276.00 1,348,187.02 1,473,811.89 270,345.85 0.00 1,203,466.04 GENERAL FUND REIMBURSEMENTS NET GENERAL FUND EXPENDITURES (3,755,320.45) (3,288,699.56) 0.00 (466,620.89) 19,462,544.77 15,590,773.46 241,160.32 3,630,610.99 60 CITY OF LA QUINTA OTHER CITY FUNDS EXPENDITURE SUMMARY LIBRARY FUND: PROJECT EXPENDITURES GAS TAX REIMBURSE GENERAL FUND TRANSFER OUT QUIMBY FUND: TRANSFER OUT TOTAL LIBRARY FUND 07/01/2002 - 6130103 BUDGET EXPENDITURES ENCUMBERED 0.00 0.00 0.00 REMAINING BUDGET 0.00 569,900.00 669,809.92 0.00 0.08 0.00 0.00 0.00 0.00 TOTAL GAS TAX FUND 9, .00 569,899.92 0.00 0.6T TOTAL QUIMBY FUND 200,826.35 74,928.35 0.00 125,898.00 FEDERAL ASSISTANCE FUND: TRANSFER OUT TOTAL FEDERAL ASSISTANCE FUND 164,825.00 37,320.00 0.00 127,505.00 SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 5,700.00 8,042.61 0.00 (2,342.61) TRANSFER OUT 46 429.00 0.00 0.00 46 429.00 TOTAL SOUTH COAST AIR QUALITY 52, 29.00 8,042.61 0.00 44, 9 CMAQ/ISTEA TRANSFER OUT TOTAL CMAQASTEA FUND 595,235.00 0.00 0.00 595,235.00 VILLAGE PARKING TRANSFER OUT TOTAL VILLAGE PARKING FUND (1,892.85) 0.00 0.00 (1,892.85) LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY 10,000.00 10,000.00 0.00 0.00 LLEBG FUND TRANSFER OUT TOTAL LLEBG FUND 0.00 32,110.98 0.00 (32,112.98) VIOLENT CRIME TASK FORCE PROJECT EXPENDITURES 120 000.00 132,020.04 0.00 12,020.04 TOTAL VIOLENT CRIME TASK FORCE 1 0. 1�2 .04 �J12,020.04) SLESF (COPS) TRANSFER OUT TOTAL SLESF (COPS) FUND 100,287.12 100,287.12 0.00 0.00 LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 829,700.00 803,714.00 0.00 25,986.00 TRANSFER OUT 0.00 0.00 0.00 TOTAL LTG/LANDSCAPING FUND 829,700.00 803,714.00 0.00 25,999166- INFRASTRUCTURE FUND CONSTRUCTION 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 3,783,089.00 1,894 586.20 0.00 1,888,502.80 TOTAL INFRASTRUCTURE 3,783,089.00 1,8 0.00 1,888,502.80 ASSESSMENT DISTRICT 2000-1 COSTS OF ISSUANCE 0.00 0.00 0.00 0.00 TRANSFER TO AGENCY FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 142,657.21 150.00 0.00 142,507.21 TOTAL AD 2000-1 142,657.21 150.00 0.00 142,507.21 rY 10 CITY OF LA QUINTA 07/01/2002 - WOW OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET TRANSPORTATION PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 1,302 363.00 1,019,180.32 0.00 283,182.68 TOTAL TRANSPORTATION 1,3 2,36 .00 1,019,180.32 0.00 283,19TO8 PARKS & RECREATION INTEREST ON ADVANCE 0.00 52,523.00 0.00 (52,523.00) TRANSFER OUT 5,391,927.00 4,773,363.42 0.00 618,563.58 TOTAL PARKS & RECREATION 5, 91,9 7.00 4,825,886.42 0.00 566,040.58 CIVIC CENTER PROGRAM COSTS 0.00 0.00 0.00 REIMBURSE GENERAL FUND 203,831.00 203,831.00 0.00 0.00 TRANSFER OUT 364,687.00 36,968.86 0.00 327,718.14 TOTAL CIVIC CENTER 568,518.00 240,799.86 0.00 327,718.14 LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 0.00 0.00 TRANSFER OUT 5,231 894.04 156,963.73 0.00 5,074,930.31 TOTAL LIBRARY DEVELOPMENT 5,231,894.04 156,963.73 5,074,930.31 COMMUNITY CENTER PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL COMMUNITY CENTER 0.00 0.00 0.00 ON STREET FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL STREET FACILITY 0.00 0.00 0.00 0.6iy- PARK FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL PARK FACILITY 0.00 0.00 0.00 o.W- FIRE PROTECTION PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 1,500 000.00 0.00 0.00 1 500 000.00 TOTAL FIRE PROTECTION DIF 1,500, 1,500,000.00 LIBRARY COUNTY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LIBRARY COUNTY DIF 0.00 0.00 0. CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 41,566,384.68 15,804,625.27 0.00 25,761,759.41 PROJECT REIMBURSEMENTS TO GEN FUND 753,889.58 313,254.64 0.00 440 634.94 TOTAL CAPITAL IMPROVEMENT ,320,274.26 16,117,879.91 26,202,394.35 ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 3,700.00 1,200.00 0.00 2,500.00 OPERATING EXPENSES-APP 1,700.00 1,206.07 0.00 493.93 ART PURCHASES 128,200.00 111,948.00 0.00 16,252.00 TRANSFER OUT 349,361.00 200,107.93 0.00 149 253.07 TOTAL ART IN PUBLIC PLACES 48 ,961.00 314,462.00 0.00 168,499.00 LQ NORTE (97-1) CIP FUND PROJECT EXPENSES 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LQ NORTE (97-1) CIP FUND 0.00 0.00 URBAN FORESTRY GRANT TRANSFER OUT TOTAL URBAN FORESTRY GRANT 1,100.00 0.00 0.00 1,100.00 62 11 CITY OF LA QUINTA OTHER CITY FUNDS EXPENDITURE SUMMARY VILLAGE PARKING TRANSFER OUT REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET (1,892.85) 0.00 0.00 (1,892.85) INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 633,400.00 383,497.65 191 108.00 58 794.35 TOTAL INFORMATION TECHNOLOGY FUND 633,400.00 383,497.65 191,108.00 58,794.35 EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 352,567.00 301,549.99 19,000.00 32 017.01 TOTAL EQUIPMENT REPLACEMENT FUND 352,567.00 301,54 -99 19,000.00 32,017.01 63 12 COUNCIL/RDA MEETING DATE: August 19, 2003 ITEM TITLE: Acceptance of Improvements Associated with Tract No. 28444, The Masters at PGA West, Innovative Resort Communities RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 'F STUDY SESSION: PUBLIC HEARING: Accept improvements to Tract No. 28444, The Masters at PGA West, Innovative Resort Communities, and authorize staff to release performance securities. FISCAL IMPLICATIONS: None. Since no public improvements were included with this tract, no additional maintenance costs are anticipated. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract No. 28444 is located within PGA West (The Masters), west of Madison Street, south of Airport Boulevard, and north of Avenue 58 (Attachment 1). All improvements are now complete and all obligations of the Subdivision Improvement Agreement have been satisfied. Attachment 2 is a Table of Values indicating securities to be released upon City Council acceptance of improvements.. Warranty securities have been received and are on file in the City Clerk's Office. 64 S:\CityMgr\STAFF REPORTS ONLY\8-19-03\C1.doc FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept improvements to Tract No. 28444, The Masters at PGA West, Innovative Resort Communities, and authorize staff to release performance securities; or 2. Do not accept improvements tc. Tract No. 28444, The Masters at PGA West, Innovative Resort Communities, and do not authorize staff to release performance securities ; or 3. Provide staff with alternative direction. Respectfully submitted, 4-imothyy R. asso .E. Public Works Director/City Engineer Attachments: Approved for submission by: Thomas P. Genovese, City Manager 1. Vicinity Map 2. Table of Values 65 S:\CityMgr\STAFF REPORTS ONLY\8-19-03\C1.doc AVENUE 3 66 ATTACHMENT 2 SECURITY TRACT NO. 28444 PERFORMANCE SECURITY Labor & Current Proposed Warranty Improvement Description Materials Amount Reduction Amount Grading $257,300 $257,300 90% $25,730 On -Site Street & Storm Drain Improvements $681,131 $681,131 90% $68,113 Off -Site Street Improvements (Madison Street) $391,732 $391,732 90% $39,173 Domestic Water $237,913 $237,913 90% $23,791 Sanitary Sewer $41 1,650 $41 1,650 90% $41,165 Underground Utilities $197,500 $197,500 90% $19,750 Monumentation $0 $20,040 100% $0 Construction Subtotal $2,177,226 $2,197,266 $217,723 Staff recommends the release of performance securities immediately as Warranty securities have been received. Release Labor and Materials securities 90 days from the date of acceptance. Release Warranty securities one year from date of acceptance. 67 4 4 4V COUNCIL/RDA MEETING DATE: August 19, 2003 ITEM TITLE: Authorization for Overnight Travel for the Public Works Director/City Engineer to Attend the 2003 International Public Works Congress and Exposition in San Diego, California, August 24 - 27, 2003 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize overnight travel for the Public Works Director/City Engineer to attend the 2003 International Public Works Congress and Exposition in San Diego, California, August 24 - 27, 2003. FISCAL IMPLICATIONS: The Fiscal Year 2003/2004 Budget has allocated funds for travel, training and meetings for staff. Attendance at this conference is estimated to be $1,300 based on the following costs: • Registration $570 • Hotel $430 • Meals $225 • Travel $ 75 Total $1,300 CHARTER CITY IMPLICATIONS: None. fi8 S:\CityMgr\STAFF REPORTS ONLY\8-19-03\C3.doc BACKGROUND AND OVERVIEW: The APWA 2003 International Public Works Congress and Exposition allows Public Works professionals from across the country the opportunity to meet and discuss the latest social, economic, technological and political trends, as they relate to providing and maintaining public works for cities, counties, towns, and villages. The congress and exposition will be held August 24 - 27, 2003, in San Diego, California. If approved, the Public Works Director/City Engineer will attend this conference. The program preview is included as Attachment 1. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize overnight travel for the Public Works Director/City Engineer to attend the 2003 International Public Works Congress and Exposition in San Diego, California, August 24 - 27, 2003; or 2. Do not authorize overnight travel for the Public Works Director/City Engineer to attend the 2003 International Public Works Congress and Exposition in San Diego, California, August 24 - 27, 2003; or 3. Provide staff with alternative direction. Respectfully submitted, R . imothy R. V nas , P. E. Public Works Director/City Engineer Approved for submission by: rz)- Thomas P. Genovese, City Manager Attachments: 1. Program Preview S:\CityMgr\STAFF REPORTS ONLY\8-19-03\C3.doc 2 A T'' ► new world is emerging. Tremendous challenges and opportunities face you in the coming decades. If the current trends in infrastructure degradation and investment continue, what will be the impact on our quality of life? And, how will public works respond to this challenge? iv ow is the time for you to step forward to chart the course vital to the social and economic well-being of tomorrow's communities. Make plans to attend APWA-s 2003 International Public Works Congress and Exposition this August 24 27, 2003 in San Diegol The 2003 Best Show in Public Works presents... F TUREWORKS The Shape of Public Works to Come This year's task for public works officials and the Congress: redefine public works with keen insight for the future of North America. What will be required to steer us from where we are today into a vastly new public works that ably serves the communities of tomorrow? Every day, people rely on public works agencies for the services vital to the social and economic well-being of their communities. From technology, to an aging population and infrastructure, environmental concerns, sustainability, social engineering through transportation planning, privatization to managed care, public works will respond. • What social, economic, technological, and political trends will have an impact on the es of built infrastructure and infrastructure services our communities Join fellow public tYP will need in the future? works professionals • What will be the impact on quality of life if curren t trends in infrastructure as we imagine degradation and investment continue? possibilities and g identify solutions • How can public works officials like you make a positive difference for the future? for tomorrow... You'll uncover ideas and innovations to move your community into a new and even better reality. This year's Congress will open your mind to new possibilities as you share your own interests along with your knowledge and know- how with other public works professionals. Choose from over 150 individual educational sessions (p. 21 thru 41), covering all aspects of public works management to steer you and your community to a brighter future. You'll be inspired by top-level keynote speakers. • Sunday... John Naisbitt, renowned futurist and author, kicks off the exploration and analysis of 21st century trends. • Monday... John Carlos of the Ken Blanchard Companies examines how to position your organization for excellence. • Tuesday... It's your turn to have your voice heard as David Zach guides an interactive dialogue on how public works can rise to meet the challenges of tomorrow. • Wednesday... Sondra Theiderman delivers a fresh perspective on the challenges and opportunities brought by a 21st century multicultural society. Roll upyoursl twand beapartofwbat matters to you and your community. • "Kick tires" with over 500 exhibiting companies representing the gamut of infrastructure technologies and services. Pages 8 & 9. • Explore the latest in technical and management innovation at your choice of five pre -Congress Workshops. Pages 16-17. • Dig deeper at Super Sessions on storm - water, landfill reclamation, strategic leadership, and generational differences . in the workplace. • Hear from colleagues about how they're preparing for the 21st century in more than 150 educational presentations, panel discussions and case studies. Pages 18-19. • Connect and talk shop at Roundtable Discussion Groups and Technical Topic Forums. Page 7. Register Online at Build the experience for yourself and others... and bring home a refreshing perspective to enhance your community with the latest in public works. Be assured, your vision will grow along with the strength of your community. Serve... Serve your community by increasing your knowledge about: • Latest cutting -edge technology • Storm Water • GASB 34 • Pavement management • Asset management • Internet technologies • Sewer repair • Traffic calming • Leadership strategies • Homeland security issues • And much more! Plus popular Super Sessions are loaded with information to make the most of your time at Congress 20031 Show up for four days you'll always remember at The Best Show in Public Works - this August 24-27, 2003, in San Diego, California. SATURDAY, AUGUST 23, 2003 7:00:00 AM - 5:00:00 PM House of Delegates 8:00:00 AM - 11' :00:00 AM Facilities and Grounds Committee Utility and Public Rights -of -Way Committee (UPROW) Water Resources Management Committee 8:00:00 AM - 4:45:00 PM Self Assessment Using the Management Practices Manual A Tool for Improving Operations & Management 900:00 AM - 12:00:00 PM Pavement Management 101 9:00:00 AM - 4:00:00 PM Check Mate: The Games Difficult Employees Play and Why They Play Them! Tune Up Your Fleet Management Skills 1:00:00 PM - 4:00:00 PM Emergency Management Committee Engineering and Technology Committee Pavement Management 102 Solid Waste Management Committee 4:45:00 'PM - 5 30:00 PM Education Advisory Committee SUNDAY, AUGUST 24, 2003 8:00:00AM-930:00AM First Timers Meeting Membership Committee 900:00 AM - 10:00:00 AM APWA Advisory Council 10:00:00 AM - 11:45:00 AM Opening General 'Session: A World Between Eras 11' :45:00 AM - 1>y2:3000 PM Exposition Opening Parade 12:0000 PM - 2:00:00 PM Regional Directors and Delegates Luncheon 12:00:00 PM - 4:00:00 PM Exposition Open / Free Lunch & Non -Compete Exhibit Time 1:00:00 PM - 4:00:00 PM Small Cities/Rural Communities Forum 2:00:00 PM - 2:50:00 PM Before It's Too Late, Train Your Public Works Field Supervisors! Developing an Effective and Enforceable Water Resources Protection Ordinance EPA Views: Combined Sewer Overflows (CSO) and Sanitary Sewer Overflows (SSO) Update Five Years Later: San Diego County's Experience with Managed Competition of Fleet Maintenance Services Getting the Information You Need to Make Asset Management Work Moving Public Works Emergency Management from Logistics to Response New and Improved! A Guided Tour of Member Benefits Via the APWA Web Site Nighttime Sign Visibility & Retroreflectivity: How New Rulemaking Recommendations Will Affect You Proven and Effective Claim Mitigation Techniques Public Works Issues in the Czech and Slovak 'Republics Urban Forestry: Benefits and Drawbacks of City Trees 2:00:00 PM - 3:50:00 PM How We All Can Contribute: Generational Differences in the Workplace Reclaiming our Landfills 2:00:00 PM - 4:00:00 PM Diversity Committee 2:00:00 PM - 5:00:00 PM Emerging Public Works Leaders Session 3:00 00 PM - 3:50:00 PM 73 Confronting Infrastructure 'Protection Emergency Management Open Forum 6 GASB 34 and Right -of -Way Management How Bakersfield, California Erased Its Graffiti Problem Positive Publicity: Marketing Communications for Public Works Select the Right Software for Your Wastewater or Storm Water Project Taking It to the Streets: How Bid -to -Goal Increased Productivity in Greensboro, North Carolina Technical Updates: Ford Crown Victoria and Diesel Engine Emissions The Civil Infrastructure Systems Technology Roadmap: A National Consensus in Preserving Canadian Community Lifelines The Cost of Maintaining Water Quality Ponds Training Staff to Manage Online Permit Applications and Plan Checking Western Water Resources: A History of Controversy 3:00:00 PM - 4 50:00 PM Counseling Skills for Managers 3:00:00 PM - 5:00:00 PM UPROW Construction Practices Subcommittee 4:00:00 PM - 4:50:00 PM Capital Funding Techniques: Case Studies Earthquakes: Response and Recovery Times Along the Fault Lines Fluvial Geomorphology and other Big Words Storm Water Managers Need to Know How to Start a Residential Sewer Lateral Repair Program Public Works Construction Engineering Technicians: Retention through Certification Regional Alternative Fueling Program Sidewalk Risk Management Solid Waste Management Open Forum Speed Lumps? Speed Pillows? State -of -the Art Traffic Calming Subsurface Utility Engineering (SUE) Surviving in a PoliticalEnvironment: Tips for Engaging the Public and Charming Your City Council The Flood One Year Later: Czech and Slovak Flood Solutions Using a Real -Time Construction Web Site 5:00:00 PM - 7:00:00 PM Get Acquainted Party - A Southern California Welcome! MONDAY, AUGUST 25, 2003 7:00:00 AM - 8`30:00 AM Coordination Council Breakfast 7:15:00AM-8':15:00AM Beyond E-mail: A Closer Look at Utilizing Microsoft OUTLOOK 8:00:00 AM - 4:30:00 PM CPWA Board of Directors & Membership Meeting 8:30:00 AM - 9:45:00 AM Monday's General Session: Gung Hol 10:00:00 AM - 10:50:00 AM` Cultural Etiquette in the Workplace Diverting Water Upstream from a Wastewater Treatment Plant Fleet and Equipment Services Open Forum Landfill Leachate Remediation: The Big Fix Leadership Strategies to Guide Collaborative Change Life- After El Nino: A Comprehensive Storm Water Plan Mediators of Progress: Public Works' Role in Developing Livable Communities Pavement Preservation Tools: Right Treatment, Right Road, Right Time Synergy: An Integrated Approach to Work and Asset Management Tree and Sidewalk Solutions Using Demand -Driven Methodology to Set Arterial Impact Fees 10:00:00 AM - 1 1:00:00 AM Chapter Historians Meeting 10:00:00 AM - 11:50:00 AM Increasing Your Leadership Power to New Levels of Excellence Planning Your Organization's Future Terrorism and Crisis Response: The Trauma That Does Not Bleed 71 The Latest on Storm Water Phase 11 7 10:00:00 AM - 12:00:00 PM Accreditation Council APWA TEA-21 Reauthorization Task Force UPROW Underground Protection Subcommittee Urban Forum 11:00:00 AM - 11:50:00 AM A New Airport for Mexico City Creating Support for Right -of -Way Management Public Partnerships and Training Service Level Adjustments: A New Economy The Farm Bill: It's Much, Much More Than Farming Traffic Signal Preventive Maintenance: It Works! True Weight -Based Collection for Multi -Family Residences Water Conservation through Leak Detection Working Effectively with the Railroads in Your Community 12:0000 Phil - 1:30:00 PM CPWA Luncheon: Infrastructure Development in Canada: Plans, Priorities and Partnerships Public Works Historical Society Luncheon: Machu Picchu: Prehistoric City Planning & Civil Engineering 12:0000 PM - 2:00:00 PM Free Lunch & Non -Compete Exhibit Time 12:00:00 PM - 4:0000 PM Government Affairs Committee 1`2:30:Oa PM - 1' :30:00 PM Activity -Based Budgeting and Performance Management in Public Works Compare Notes with Other NPDES Phase II Communities Dealing with Contractor Incompetence and Due Diligence Issues Homeland Security: Where's the Funding? Internal and External Fleet Billing Rates International Exchange of Information and Ideas Managing Changes Caused by Budget Reductions Right -of -Way: Cooperation for Consistency Small Cities Use of Volunteer Labor Forces Storm Water Management for Small Department Garage Waste 1:00:00 PM - 3`:00:00 PM UPROW Planning & Coordination Subcommittee 1:30:00 PM - 2:00:00 PM "Passport to Prizes" Daily Prize Drawing 1:30:00 PM - 4:30:00 PM PWH'S Board of Trustees 2:00:00 PM - 2:50:00 PM Building a Livable Community: Working with Developers to Implement Storm Water Best Management Practices Building Consensus Around Water Treatment Plant Alternatives Career Ladders for Public Works Field Employees Competing with the Best: Managing the Business .of Public Works Full -Depth Recycling of Old Asphalt Pavements Using Cement Managing Team Diversity New Technologies to Shape Transportation Streetscapes and Funding Alternatives The National Guide to Sustainable Municipal Infrastructure Trash Response Team (TRT): Keeping Our City Clean Use of Handhelds for Work Tracking and Service Requests - It Does Work! Using GIS to Improve Refuse Collection and Snow Removal Water Resources Management Open Forum 2:00:00 PM - 4:30:00 PM The Resiliency Factor: How to Stretch in Life without Breaking 3:00:00 PM - 4:30:00 PM AVL + GPS + PW = SUCCESS! Choosing a Project Delivery System 8 Communicating in Style: Discover How to Communicate with Everyone and Like It! Creating Livable Communities through Traffic Management Diversity is Good Business Emerging Trenchless Technologies for Underground Infrastructure Applications Finding the Right Fleet Software Homeland Security Issues and Public Facilities Need Well -Rounded Leaders? Develop Tomorrow's Leaders with Mentoring and Formal Training Public Works Plays a Big Role in Successful G8 Summit Speeding to Effective Time Mastery Water Reuse: Past, Present, & Future 3:00:00 PM - 5:00:00 PM All Exhibitors Meeting Self Assessment & Accreditation Open Forum 4:45:00 PM - 6:15:00 PM Awards and Recognition Ceremony 5:00:00 PM - 6:00:00 PM Exposition Advisory Committee TUESDAY, AUGUST 26, 2003 7:00:00 AM - 8:15:00 AM Chapter Leaders Breakfast 7:15:00AM-815:00AM Beyond E-mail: A Closer Look at Utilizing Microsoft OUTLOOK 8:30:00 AM - 9:45:00 AM Tuesday's General Session: Blueprint for Tomorrow's Public Works! 10:00:00 AM - 1`1:30:00 AM Chapter Leaders Think Tank 10:00:00 AM - 1;.2:00:00 PM APWA/AMMAC Task Force APWA/SPWA Task Force Micro PAVER Users Group UPROW Right -of -Way Management Subcommittee Urban Forum 10:00:00 AM - 2:00:00 PM Exposition Open / Non -Compete Exhibit Time 10:00:00 AM-:.4:30:00 PM APWA Futures Program 11:00000 AM - 12:00:00 PM Drought Planning Emerging Issues with Storm Water Utilities Facility Security: Tomorrow's Technology in Yesterday's Buildings Fleet: Municipal Leases vs. Purchasing Vehicles Handling E-Waster What to Do with Old Computers and Electronics How to Find the Time and Resources to Train Your Employees Solid Waste: Landfill Gas and LFG Condensate Removal Tools for Finding Infrastructure Funding Traffic Impact Studies Winter Maintenance Practices: What Is and Isn't Working for You 11:15:00 AM - 1' 2:00:00 PM 2004 Congress Program Review Committee 11:15:00 AM - 12:45.:00 PM Diversity Luncheon: Dealing with Diversity in the Community 1.'2:00:00 PM - 1:30:00 PM Emerging Public Works Leaders Roundtable 1:00:00 PM - 1' : 50:00 PM 21 st Century Approach to Arterial Street Design Alternative Delivery Methods for Capital Improvement Projects: An Update Americans with Disabilities Act (ADA): Practical Compliance Solutions Cellular SCADA: A New Approach to Data Communications Having a Failure to Communicate: Helpful Hints Contained in the Public Works Communication MangalV Is It the End or the Beginning? Closure and Transformation of the Britannia Sanitary Landfill Maintaining the Affirmative Action Spirit Partners in Slurry Seal Preparing Future Public Works Leaders QUEST Gainsharing Program for the Public Sector Think Blue San Diego! Transportation Open Forum UPROW Open Forum 1:00:00 PM - 2:50:00 PM Maximizing Your Performance: How to Achieve Exceptional Results The Myron Calkins Excellence in Leadership: Leading the Future PW Administrators as Community Leaders 1:00:00 PM - 300:00 PM APWA/ACEC Steering Committee International Affairs Committee Winter Maintenance Subcommittee 1:30:00 PM - 2:00:00 PM "Passport to Prizes" Daily Prize Drawing 2:00:00 PM - 2:50:00 PM Countdown to September 30: TEA-21 Reauthorization and the Future of Transportation De -Manufacturing and Recycling of Electronics Facilities and Grounds Open Forum How to Successfully Write and Administer a Request for Proposals Knowledge Management: A Strategic Approach for the Retention of Intellectual Capital Leadership and Management Open Forum Long -Term Storm Water Funding Alternatives Managing in the Multi -Cultural Workplace NASSCO not NASCAR: 4000 Miles of Pipeline Quality Partnerships: Tales from the Road to America's Future ROAD WATCH UV Disinfection Reduces Bacteria in Urban Runoff at Moonlight Beach 3:00:00 PM - 4:30:00 PM A Better Way to Manage Your Engineers and Contractors Asset Management Drives Cost Efficiencies and Business Improvement in Australia Defining Core Competencies for Public Works Managers Electronic Permitting: The Next Generation Eminent Domain Legal Cases: No Need to Transport the Jury - Bring the Site to Them! How Should We Locate our Maintenance Yards? Liquid Chemicals in Winter Maintenance: The Pre -Melt Down Securing Fleet Replacement Funding in a Down Economy Stream Channel/ Water Quality Restoration The Road Less Traveled: A Transportation Agency's Bold Change Process The Webbers Fall Bridge Disaster: Lessons Learned Using GPS/GIS for Mapping Traffic Signal Systems Work Zone Traffic Control: Compliance and Regulatory Changes Your Personal Leadership Success Formula 3:00:00 PIVI - 5:00:00 PM APWA/AGC Committee WEDNESDAY, AUGUST 27, 2003 7:30:00 AM - 10:45:00 AM APWA Business Meeting & Board of Directors Meeting 8:30:00 AM - 920:00 AM Alternative Treatments for At -Grade Pedestrian Crossings Crime Prevention Through Environmental Design: Enhancing the Streetscape Design/Build Comes to Rural Kansas Finding All the Pieces and Making Them Fit Together: A Comprehensive Storm Water Management Program More than a One Night Stand: Building Long -Term Relationships Between Utilities and Communities Passion Power: Bringing Your Heart to Work Planning for Continuity of Government Operations Single Stream Recycling 10 77 Transforming the Program and Project Environment When Cities Must Act Like Developers: Public Works Perspectives on Redeveloping Military Bases 8:30:00 AM - 10:30:00 AM 2003 & 2004 Congress Host Committees 8:30:00 AM - 10:45:00 AM Field Mapping of Infrastructure Utilizing Latest GPS/GIS Technology 930:00 AM - 10:45:00 AM Best People Practices as Competitive Advantage in Fleet Management Business Etiquette: Conducting Business with Charm and Savvy Diversity + Employee Training = Quality Performance Getting to Know You! Telling the Public Works Story How to Get What You Want More Often: Goal Setting and Getting Implementing an Online Learning Program for Utility Field Forces Making Public/Private Partnerships Work Online Design Information, Bidding and Contracting Pavements Life -Cycle Cost Analysis Prioritizing Intersection Improvements: Are You Making the Right Choices? Quality Floodplain Mapping: A Single Goal Among Many Governments Road Map to the Future: Using an Integrated Facilities Plan (IFP) The Unified Command System and Public Works 11:00:00 AM - 1-.2:00:00 PM Closing General Session: Getting Culture Smart — Strategies for Making Diversity Work 1:00:00 PM - 4:00:00 P Technical Tours 6:00:00 PM - 10:00:00 PM Reception and Banquet Wo 11 COUNCIL/RDA MEETING DATE: August 19, 2003 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract No. 29053-2, Renaissance, (TransWest Housing) RECOM M ENDATION : AGENDA CATEGORY: 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. 29053-2, Renaissance, (TransWest Housing). FISCAL IM PUCATIONS: None. CHARTER CITY IM PUCATIONS: None. BACKGROUND AND OVERVIEW: Tract No. 29053-2 is northwest of the intersection of Jefferson Street and Avenue 50 (Attachment 1). This phase of development will consist of 34 single-family lots. The developer has requested the City Council's conditional approval of the Final Map (Attachment 2) which will allow 30 days for the completion of its processing. To date, the SIA (Attachment 3) has been executed by the developer. The associated securities have not been received. The Final Map is technically complete and is being routed for signatures. Staff expects that the associated securities and all signatures will be in place within the time allowed for its conditional approval. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt, within 30 days September 18, 2003 of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except for the City Clerk), SIA and associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map is S:\CityMgr\STAFF REPORTS ONLY\8-19-03\C4.doc 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 requires 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 29053-2, Renaissance; (TransWest Housing) or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29053-2, Renaissance (TransWest Housing); or 3. Provide staff with alternative direction. Respectfully submitted, "0'L00W'4;k imothy R. J6Asson .E. Public Works Director/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement S:\CityMgr\STAFF REPORTS ONLY\8-19-03\C4.doc 2 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT NO. 29053-2, RENAISSANCE (TRANSWEST HOUSING) 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: 3 81 Resolution No. 2003- Tract No. 29053-2 Adopted: August 22, 2003 Page 2 Section 1. The final map for Tract No. 29053-2 is conditionally approved provided the subdivider submits all required items on or before September 18, 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; and 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 September 18, 2003. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 19T" day of August, 2003, by the following vote to wit: AYES:Council Members NOES: ABSENT: ABSTAIN: 4 82 Resolution No. 2003- Tract No. 29053-2 Adopted: August 22, 2003 Page 3 ATTEST: JUNE S. GREEK, CIVIC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California STANLEY SNIFF, Mayor Pro Tern City of La Quinta, California 5 83 1 u HIGHWAY 111 AVENUE 48 RANCHO LA QUINTA COUNTRY CLUB AVENUE 49 SITE /i AVENUE 50 r LA QUINTA Z COUNTRY CLUB CITRUS COURSE I f V D I tJ � O0 tr Z z Z LA QUINTA AVENUE 51 w AVENUE 52 VICINITY MAP (NO SCALE) SECTION 32, T.5 S., R. 7E. THOMAS BROTHERS MAP LOCATION PAGE 5470, A-5 (2000 EDITION) ATTACHMENT 1 84 s 2 ATTACHMENT 2 slid Rik 04 Nall kps NI '�i�'w q Ig �I6p s Witi� �e `bb i gee 6 � Rik oil � • 6 �1 1 e ° � :i� 6��gp�; I l�a,i,ll 1��a, kv(;,I I�. Ie iili Eilra�; d ig � i�,�Eai9 ifIt I In I I. E afit b fit b- .1, Milli vlNy � of � Ne i1H e� � 1 Z •d SGSG T*E DSL 9NI833NIJN3 N3WNUM dS2rT0 EO BO 2nd ,&--71 E I;a � I I I gs E •d Gass T*1E 09L JWI833WI9W3 d3WHUM dga:TO EO 80 2nd Mlmm�-- I a •d idnoG� N3LrG7 a� so € b JLArApl C r• 1 p � I 666S t*E 09L c 8 9W I N33W I 9W3 N3WNUM WHE = T t Ku tau Will 6 •d 6669 T*16 09L 9 JW I N33W I JW3 83WNUM W UK = L t to UU 4F ld ATTACHMENT 3 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT NO. 29053-2 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 , by and between TransWest Housing , 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. 29053-2 (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. Improvemjent 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. 29053-2 ONSITE 12 ,9 0 Page 1 of 7 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 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 13 91 29053-2 ONSITE Page 2 of 7 warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.13., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain.in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said rash 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, wiynty 29053-2 ONSITE Page 3 of 7 4 � tJ 4 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 r 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. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond. Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 15 29053-2 ONSITE Page 4 of 7 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 RiQht to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. 16 29053-2 ONSITE Page 5 of 7 34 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk SUBDIVIDER: (Name) (Address) (Phone) By:_ Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: Date Date Date Date 95 City Attorney 29053-2 ONSITE Date 17 Page 6 of 7 Exhibit A SECURITY — TRACT NO 29053-2 ON SITE IMPROVEMENTS Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading $ 11,060.00 $ 11,060.00 Street Improvements $ 143,658.00 $ 143,658.00 Domestic Water $ 87,530.00 $ 87,530.00 Sanitary Sewer $ 51,644.00 $ 51,644.00 Monumentation $ 5,400.00 $ 5,400.00 Utilities $ 104,550.00 $ 104,550.00 Subtotal of Improvements $ 403,842.00 $ 403,842.00 No Plans Contingency (10%) $ 40,384.20 $ 40,384.20 Professional Fees, Construction (10%) $ 40,384.20 $ 40,384.20 Subtotal of Improvements & Applicable Contingencies $ 484,610.40 $ 484,610.40 Standard Contigency (10%) $ 48,461.04 $ 48,461.04 Grand Total (Bond Amount) $ 533,071.44 $ 533,071.44 18 96 29053-2 ONSITE Page 7 of 7 T4&t 4 a4P COUNCIL/RDA MEETING DATE: August 19, 2003 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract No. 30651, Quarry Ranch RECOMMENDATION: AGENDA CATEGORY: 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. 30651, Quarry Ranch, (Winchester Development). FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract No. 30651 is located west of Jefferson Street and south of Quarry Lane (Attachment 1). This residential subdivision will consist of 28 single-family lots, along with miscellaneous common and golf course lots on approximately 74.78 acres. The developer has requested the City Council's conditional approval of the Final Map (Attachment 2) which will allow 30 days for the completion of its processing. To date, the SIA (Attachment 3) has been executed by the developer. The associated securities have not been received. The Final Map is technically complete and is being routed for signatures. Staff expects that the associated securities and all signatures will be in place within the time allowed for its conditional approval. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt, within 30 days 1? (September 18, 2003) of a technically correct Final Map, suitable for recording by the County Recorders, with all required signatures (except for the City Clerk), SIA and associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City Staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all requires 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. 30651, Quarry Ranch (Winchester Development); 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. 30651,Quarry Ranch (Winchester Development); or 3. Provide staff with alternative direction. Respectfully submitted, w Timothy . Jona s n, P.E. Public Works Dir tor/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement \\Clgadmfs1\pubwrks\PWDEPT\COUNCIL\2003\August 19, 2003\Tract 30651.doc 2 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT NO. 30651, QUARRY RANCH (WINCHESTER DEVELOPMENT) 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: 3 99 Resolution No. 2003- Tract No. 30651 Adopted: August 22, 2003 Page 2 Section 1. The approved provided the September 18, 2003. final map for Tract No. 30651 is conditionally subdivider submits all required items on or before 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; and 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 September 18, 2003. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 19T" day of August, 2003, by the following vote to wit: AYES:Council Members NOES: ABSENT: ABSTAIN: 1f)0 4 Resolution No. 2003- Tract No. 30651 Adopted: August 22, 2003 Page 3 STANLEY SNIFF, Mayor Pro Tem City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATIHERINE JENSON, City Attorney City of La Quinta, California ATTACHMENT 1 lug ---- -- TTACHMENT 2 w _1 ft I �*_t416 �I I r � „ r t ,l . III � i •t• r 1 sitk !, 8 104 w 3 -".Nml - 10 .l3aidLLS NGI6'aQ�6/�• �1. slew SIN _ a.4107 I07 11 h u q 12 103 I 1 � 67 a ma 13 In3 ATTACHMENT 3 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT NO. 30651 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this 20 , by and and the City of La Quinta, "City." RECITALS: day of , between Winchester Development, hereinafter referred to as "Subdivider," a municipal corporation of the State of California, hereinafter referred to as 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. 30651 (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, THEREIFORE, 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, includin reasonable attorney's fees, incurred by City in successfully enforcing the obligations therebi 10 secured. 14 30651 OFFSITE Page 1 of 7 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City,or a responsible escrow agent or trust company, at City's option. 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 subm"I of f 30651 OFFSITE Page 2 of 7 1 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 no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvemept 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, wqr&nty 30651 OFFSITE Page 3 of 7 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. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acc@ptance 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. 17 11 30651 OFFSITE Page 4 of 7 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. Improvem@nt Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such. defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the 1 heirs, executors, administrators, assigns, and successors of the parties hereto. 1 , 30651 OFFSITE 18 Page 5 of 7 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk SUBDIVIDER: (Name) (Address) (Phone) By:_ Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: Date Date Date Date r City Attorney 30651 OFFSITE Date 19 11 Page 6 of 7 Exhibit A SECURITY — TRACT NO 30651 OFF -SITE IMPROVEMENTS Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Street Improvements (Jefferson Street & Cahuilla Park Road Improvements) $ 89,860.00 $ 89,860.00 Sidewalk $ 48,416.00 $ 48,416.00 Equestrian Trail $ 20,000.00 $ 20,000.00 Perimeter Landscaping $ 26,243.00 $ 26,243.00 Subtotal of Improvements $ 184,519.00 $ 184,519.00 Professional Fees, Construction {10%) $ 18,451.90 $ 18,451.90 Subtotal of Improvements & Applicable Contingencies $ 202,970.90 $ 202,970.90 Standard Contigency (10%) $ 20,297.09 $ 20,297.09 Grand Total i(Bond Amount) $ 223,267.99 $ 223,267.99 116 20 30651 OFFSITE Page 7 of 7 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT NO. 30651 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this 20 by and and the City of La Quinta, "Cit " Y• RECITALS: day of between Winchester Development, hereinafter referred to as "Subdivider," a - municipal corporation of the State of California, hereinafter referred to as 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. 30651 (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 shell 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. 21 117 30651 ONSITE Page 1 of 7 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 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 subrr I ofl e 30651 ONSITE Page 2 of 7 C3 warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.13., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to 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, w janty 30651 ONSITE Page 3 of 7 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. 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 Majgure. 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. 1 24 30651 ONSITE Page 4 of 7 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and 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. 25 Page 5 of 7 121 30651 ONSITE 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk SUBDIVIDER: (Name) (Address) (Phone) By:_ Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: Date Date Date Date. City Attorney 30651 ONSITE Date 26 1 Page 6 of 7 Exhibit A SECURITY — TRACT NO 30651 ON SITE IMPROVEMENTS Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Street Improvements $ 321,744.00 $ 321,744.00 Domestic Water $ 199,430.00 $ 199,430.00 Sanitary Sewer $ 129,980.00 $ 129,980.00 Monumentation $ 12,500.00 $ 12,500.00 Subtotal of Improvements $ 663,654.00 $ 663,664.00 Professional Fees, Construction (10%) $ 66,365.40 $ 66,365.40 Subtotal of Improvements & Applicable Contingencies $ 730,019.40 $ 730,019.40 Standard Contigency (10%) $ 73,001.94 $ 73,001.94 Grand Total (Bond Amount) $ 803,021.34 $ 803,021.34 27 30651 ONSITE Page 7 of 7 COUNCIL/RDA MEETING DATE: August 19, 2003 ITEM TITLE: Acceptance of Improvements Associated with Tract No. 24197-2, Monticello, Century Homes, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept improvements to Tract No. 24197-2, Monticello, Century Homes, LLC, and authorize staff to release security upon receipt of warranty securities. FISCAL IMPLICATIONS: Acceptance of the improvements will impact the General Fund as follows: Street sweeping costs are estimated to be $873.60 annually. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract No. 24197-2 is located west of Jefferson Street, north of Miles Avenue and south of Fred Waring Drive (Attachment 1), and consists of 38 residential lots. All improvements are now complete and all other obligations of the Subdivision Improvement Agreement have been satisfied. Included as Attachment 2 is a Table of Values indicating securities recommended to be released after the City receives the warranty securities. 124- S:\CityMgr\STAFF REPORTS ONLY\8-19-03\C7.doc FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept improvements to Tract No. 24197-2, Monticello, Century Homes, LLC, and authorize staff to release security upon receipt of warranty securities; or 2. Do not accept improvements to Tract No. 24197-2, Monticello, Century Homes, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, IW1• vnj hn M. Freeland, Senior Engineer Approved for submission by: homas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Table of Values S:\CityMgr\STAFF REPORTS ONLY\8-19-03\C7.doc 2 A 10 ATTACHMENT 1 F U W od Poo oqrn-ik 7 r - Q W � a Z — � 0 Z . ATTACHMENT 2 SECURITY TRACT NO. 24197-2 oC:Q9:nQKAAKiri: cGrIIRITV Labor & Current Proposed Warranty Improvement Description Materials Amount Reduction Amount Grading $143,290 $143,290 90% $14,329 Streets $142,150 $142,150 90% $14,215 Domestic Water $70,200 $70,200 90% $7,020 Sanitary Sewer $12,600 $12,600 90% $1,260 Dry Utilities $68,400 $68,400 90% $6,840 Perimeter wall $36,000 $36,000 90% $3,600 Monumentation $0 $10,000 100% $0 Construction Subtotal $472,640 $482,640 Engineering & Plans $96,528 100% $0 No -Plans Contingency $144,792 100% $0 Total $472,640 $723,960 $47,264 Staff recommends the release of performance securities upon receipt of Warranty securities, release of Labor and Materials securities 90 days from date of acceptance, and release of Warranty securities one year from the date of acceptance. I 127 4 COUNCIL/RDA MEETING DATE: August 19, 2003 ITEM TITLE: Acceptance of Improvements Associated with Tract No. 24197-4, Monticello, Century Homes, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept improvements to Tract No. 24197-4, Monticello, Century Homes, LLC, and authorize staff to release Performance securities upon receipt of Warranty securities. FISCAL IMPLICATIONS: Acceptance of the improvements will impact the General Fund as follows: Street sweeping costs are estimated to be $1248.00 annually. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract No. 24197-4 is located west of Jefferson Street, north of Miles Avenue and south of Fred Waring Drive (Attachment 1), and consists of 54 residential lots. All improvements are now complete and all other obligations of the Subdivision Improvement Agreement have been satisfied. Included as Attachment 2 is a Table of Values indicating securities currently retained and recommended to be released after Warranty securities have been received by the City. S:\CityMgr\STAFF REPORTS ONLY\8-19-03\C8.doc FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept improvements to Tract No. 24197-4, Monticello, Century Homes, LLC, and authorize staff to release security upon receipt of Warranty securities; or 2. Do not accept improvements to Tract No. 24197-4, Monticello, Century Homes, LLC, and do not authorize staff to release securities upon receiving Warranty securities; or 3. Provide staff with alternative direction. Respectfully submitted, )-h- J hn M. Freeland, nior Engineer Approved for submission by: x?, J'00�1 Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Table of Values 4? S:\CityMgr\STAFF REPORTS ONLY\8-19-03\C8.doc 2 7 Cj ATTACHMENT 1 IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NON 899187 -4 VICINITY MAC NOT TO SCALE � ANTE COUNTRY CLUB DR. 1 HOVLEY. LN. E. z 42ND AVE. O z Ln d � FRED w WARING DR. PROJECT W MILES AVE. SITE �n a c INDIO WESTWARD HO W -- �--- w DRIVE L PALM DESERT z a � HWY 111 -T- 3 130. ATTACHMENT 2 SECURITY TRACT NO. 24197-4 PERFORMANCE SECURITY Labor & Current Proposed Warranty Improvement Description Materials Amount Reduction Amount Perimeter Wall, Off -Site $25,500 $25,500 90% $2,550 Perimeter Improvements, Off -Site $9,630 $9,630 90% $963 Grading, On -Site $171,650 $171,650 90% $17,165 Streets, On -Site $177,700 $177,700 90% $17,770 Domestic Water, On -Site $98,300 $98,300 90% $9,830 Sanitary Sewer, On -Site $43,000 $43,000 90% $4,300 Dry Utilities, On -Site $97,200 $97,200 90% $9,720 Monumentation $0 $10,000 100% $0 Construction Subtotal $622,980 $632,980 Engineering & Plans $126,600 100% $0 No -Plans Contingency $265,850 100% $0 Total $622,980 $1,025,430 $62,298 Staff recommends the release of Performance securities upon receipt of Warranty securities. Release Labor and Materials securities 90 days from the date of acceptance. Release Warranty securities one year from the date of acceptance. 4131 COUNCIL/RDA MEETING DATE: ,July 1, 2003 ITEM TITLE: Acceptance of Improvements Associated with Tract No. 29348-1, Marvin Homes RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: A0 STUDY SESSION: PUBLIC HEARING: Accept improvements to Tract No. 29348-1, PGA West, Marvin Homes, and authorize staff to release the Performance Securities. FISCAL IMPLICATIONS: None. No public improvements were developed with this tract, therefore, no future street or landscape maintenance costs are anticipated. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: This Marvin Homes subdivision is located within PGA West (Royal St. George), east of Madison Street, and north of Airport Boulevard (Attachment 1). All improvements are now complete and all obligations of the Subdivision Improvement Agreement have been satisfied. Included as Attachment 2 is a Table of Values indicating securities to be released upon City Council acceptance of improvements. Warranty securities have been received and are currently on file with the City Clerk's Office. 13� S:\CityMgr\STAFF REPORTS ONLY\8-19-03\C9.doc FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept improvements to Tract No. 29348-1, Marvin Homes, and authorize staff to release security; or 2. Do not accept improvements to Tract No. 29348-1, Marvin Homes; or 3. Provide staff with alternative direction. Respectfully submitted, J64A f*-V hmothy R. asso P.E. Public Workso irector/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Table of Values 133 S:\CityMgr\STAFF REPORTS ONLY\8-19-03\C9.doc 2 • ATTACHMENT 1 iuvri 134 ATTACHMENT 2 SECURITY TRACT NO. 29348-1 PFR1:nRMAK1rF SECURITY Labor & Current Proposed Warranty Improvement Description Materials Amount Reduction Amount Streets & Storm Drainage $185,255 $185,255 90% $18,526 Domestic Water $1 12,574 $1 12,574 90% $1 1,257 Sanitary Sewer $67,892 $67,892 90% $6,789 Electrical $52,250 $52,250 90% $5,225 Monumentation $0 $2,420 100% $0 Construction Subtotal $417,971 $420,391 $41,797 Engineering & Plans $84,078 100% $0 No -Plans Contingency $126,1 17 100% $0 Total $622,980 $630,586 $41.797 Staff recommends the release of Performance securities immediately. Warranty securities have been received and are currently on file with the City Clerk's office. Release Labor and Materials securities 90 days from the date of acceptance. Release Warranty securities one year from the date of acceptance. 4 135- 4*f4p CQ ceit�v 4 49& r1rA COUNCIL/RDA MEETING DATE: August 19, 2003 ITEM TITLE: Approval of a Reimbursement Agreement Between the City of La Quinta and Marvin Investments, Inc. for Improvements on the North Side of Avenida La Fonda; and 2) Adopt a Resolution Making � Certain Findings Pursuant to Health and Safety Code Section 33445(a) and Consenting to the Expenditure of Funds for the Avenida La Fonda Street Enhancement Project RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Reimbursement Agreement between the City of La Quinta and Marvin Investments, Inc. for constructing the Avenida La Fonda "Prototypical Street Enhancements" to be installed on the north side of Avenida La Fonda, between Desert Club Drive and Avenida Bermudas; and, Adopt a Resolution making certain findings pursuant to Health and Safety Code Section 33445(a) and consenting to the expenditure of funds for the Avenida La Fonda Street Enhancement Project. FISCAL IMPLICATIONS: The proposed improvements are part of the Avenida La Fonda Street Enhancement Improvements, Project 2002-05 and will be 100% funded with RDA Project Area No. 1 funds. The following represents the approved project budget: Expense Category Budget Amount City Administration $ 37,619.00 Engineering $ 75,238.00 Construction $610,516.00 Inspection/Testing/Survey $ 56,428.00 Less Prior Expenditures (As of June 30, 2003) ($ 76,884.67) TOTAL AVAILABLE: $702,916.33 13116 S:\CityMgr\STAFF REPORTS ONLY\8-19-03\C12.doc Based upon the engineer's estimate in the amount of $108,286.22, plus a 7% developer administration amount of $7,580.04, plus a 15% contingency amount of $17,379.94, staff recommends a budget not in excess of $133,246.19 be approved to reimburse the developer for the proposed improvements. Adequate funding is currently available to support staff's recommendation. The balance of the proposed improvements necessary to complete the Avenida La Fonda Street Enhancements is being re -advertised for bid at this time. An additional appropriation may or may not be necessary to award a construction contract for these improvements. Staff will be prepared to address this matter further upon receipt of new construction bids. BACKGROUND AND OVERVIEW: Marvin Investments, Inc., the developer for the "Old Town La Quinta" development, desires to install the landscape and irrigation, brick pavers, site furniture and other related improvements on the north side of Avenida La Fonda, between Desert Club Drive and Avenida Bermudas, at the same time as it undertakes the site improvements associated with its development to avoid potential scheduling impacts - Staff also believe approval of the attached Reimbursement Agreement (Attachment 1) allowing the developer to install the proposed street enhancements on the north side of Avenida La Fonda will eliminate any potential conflicts that may occur if two construction contractors are working within the same project area. Construction award of the City installed improvements to Avenida La Fonda is currently scheduled for City Council consideration on September 16, 2003 with construction occurring between October 2003 and January 2004. Pursuant to Health and Safety Code Section 33445, the City Council must make certain findings in order to use Agency Funding for this project. Those findings can be made and are set forth in the attached Resolution. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Reimbursement Agreement between the City of La Quinta and Marvin Investments, Inc. for the construction of the Avenida La Fonda "Prototypical Street Enhancements" to be installed on the north 137 2 S:\CityMgr\STAFF REPORTS ONLY\8-19-03\C12.do6 side of Avenida La Fonda, between Desert Club Drive and Avenida Bermudas; and Adopt a Resolution making certain findings pursuant to Health and Safety Code Section 33445(a) and consenting to the expenditure of funds for the Avenida La Fonda Street Enhancement Project; or 2. Do not approve a Reimbursement Agreement between the City of La Quinta and Marvin Investments, Inc. for the construction of the Avenida La Fonda "Prototypical Street Enhancements" to be installed on the north side of Avenida La Fonda, between Desert Club Drive and Avenida Bermudas; and Do not adopt a Resolution making certain findings pursuant to Health and Safety Code Section 33445(a) and consenting to the expenditure of funds for the Avenida La Fonda Street Enhancement Project.; or 3. Provide staff with alternative direction. Respectfully submitted, 4im�-othy R. J na 7,P. E. Public Works Dir to Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Reimbursement Agreement 133 3 S:\CityMgr\STAFF REPORTS ONLY\8-19-03\C12.doc RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QU1NTA, CALIFORNIA MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a) AND CONSENTING TO THE EXPENDITURE OF FUNDS FOR THE AVENIDA LA FONDA STREET ENHANCEMENTS WHEREAS, on the 6th day of May, 2003, the La Quinta City Council (the "City Council") approved the 2003-2004 Economic Development Plan which includes implementation policies supporting enhancement of the Village commercial area; and WHEREAS, the Avenida La Fonda Street Enhancements will be located in La Quinta Redevelopment Project Area No. 1 (the "Project Area") and will help to attain the aforementioned objective; and WHEREAS, the need for the improvement to La Fonda Street was documented as one of the conditions of blight that justified the formation of the Project Area, as cited in the October 1983 Report to the La Quinta City Council on the Proposed Redevelopment Plan for La Quinta Redevelopment No. 1; and WHEREAS, Section 518 of _ the Redevelopment Plan for La Quinta Redevelopment Project No. 1, as amended by Amendment No. 1, authorizes the Agency to undertake the funding of the Avenida La Fonda Street Enhancements; and WHEREAS, the construction of the Avenida La Fonda Street Enhancements would afford the Agency the opportunity to address some of the aforementioned conditions of blight; and WHEREAS, there is inadequate funding within the City's General Fund or from other sources to construct the Avenida La Fonda Street Enhancements; and WHEREAS, it would be in the best interest of the public to construct the Avenida La Fonda Street Enhancements. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La Quinta, California as follows: SECTION 1. The above recitations are true and correct and are adopted as the findings of the City Council. SECTION 2. Pursuant to Health and Safety Code Section 33445(a), the City Council finds and determines that: 1, ,q 4 Resolution No. 2003- La Fonda Street Enhancements Adopted: August 19, 2003 Page 2 A. The construction of the Avenida- La Fonda Street Enhancements is of benefit to the Project Area and to the immediate neighborhood in which the Avenida La Fonda Street is located. B. No other reasonable means of financing the improvements are available to the community. C. The Avenida La Fonda Street Enhancements will assist in the elimination of one or more blighting conditions inside the Project Area, including need for improvement to the infrastructure within the Village commercial area, and is consistent with the Agency's implementation plan adopted pursuant to Section 33490. SECTION 3. The City Council consents to the Agency appropriating and expending funds to implement the terms of the Agreement and facilitate the construction of the La Fonda Street Enhancements. PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of La Quinta, California held on this 19th day of August, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DONALD ADLOPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California 119/015610-0048 414255.01 a08/14/03 5 Resolution No. 2003- La Fonda Street Enhancements Adopted: August 19, 2003 Page 3 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 119/015610-0048 414255.01 a08/14/03 141 ATTACHMENT 1 REIMBURSEMENT AGREEMENT This Reimbursement Agreement C Agreement') dated 11 (3, 2003, by and between Marvin Investments, Inc. ("Developer"), and the City of La Quinta, a municipal corporation (" City'), outlines the respective obligations of Developer and City regarding the construction of the Avenida La Fonda "Prototypical Street Enhancements" to be . installed on north side of Avenida La Fonda, between Desert Club Drive and Avenida Bermudas, in the City of La Quinta, County of Riverside, State of California. - RECITALS WHEREAS, the City, is planning to improve the parkway areas at this location with landscape and irrigation, brick pavers and street furniture, the work to be initiated at an undetermined future date; and WHEREAS, Developer desires to install the landscape and irrigation, brick pavers, site furniture and related improvements, on the north side of Avenida La Fonda, between Desert Club Drive and Avenida Bermudas, as part of the site improvements for the Old Town La Quinta development to avoid potential scheduling impacts; and WHEREAS, AS, the City desires to participate in the cost of the installation of the La Fonda Street Enhancements and reimbursements to Developer up to an amount equal to the cost the City would expend in the future for the Village Improvements at this location. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: Section 1. Recitals. The foregoing recitals are true and correct. Section 2. City's Obligations a.. The. City shall provide up to five copies the project plans and specifications' for the proposed improvements, titled: La Fonda Street Enhancements, Project No. 2002-05, dated July 11, 2003. b. The City shall provide the brick pavers -for Developer to install within the City's right-of-way along - the project frontage. Approximately 3.,100 square f feet of brick pavers -are anticipated. The City shall provide adequate access to the City Maintenance yard and shall coordinate with the Developer for pick up of the brick. pavers. C. The City shall reimburse Developer. for actual work completed, up to an amount not to exceed $133,246.00, as outlined within the * proj ect budget described on Exhibit A. The eligible items of work include the installation of landscape and irrigation, site furniture, brick pavers, and other related improvements in accordance with the City of La Quinta approved plans . and specifications, on the north side of Avenida La Fonda, between Desert Club Drive and Avenida Bermudas. CAWUMOWSWenporwy+ Intemet F7es\OUM32\3 . tnurAnmouxif Page l of 4 1 4 7 d. Reimbursement for work performed. shall be made within thirty. (30) days after presentation to City of statements ..from Developer certifying costs, and enclosing herewith copies of contractor's invoices, evidence of payment, and other such information and records as may be 'required -by City to. verify costs, provided however, that such payments. shall be made to Developer no more frequently .than monthly. e. The City shall issue a "no fee" permit for the installation of all work within the City's right-of-way. Section I Developer's Obligations a. Developer shall cause, the construction of the La Fonda Street Enhancements on north side, between Desert Club Drive and Avenida Bermudas, including the installation of landscape -and irrigation, site furniture, brick pavers, .and other related improvements in accordance. with -the City of La .Quinta approved plans. and specifications, dated July 11, 2003. b. Developer shall provide Labor and Materials bond in the amount equal to one hundred percent (100%) of the estimated -construction costs, as well as- Faithful . Performance Bond, in the .amount equal to one hundred percent (100%) of the estimated construction costs. c. Developer shall be responsible for picking up the brick pavers from the City's maintenance yard and. delivering the brick pavers to the project site. d. Upon completion of the work, Developer shall prepare and submit a Final Report to the City containing.a record of all payments made for said project, together with a record of all change orders, cost over -runs, and other expenses incurred. Final -payment by the City will not be paid prior to City's receipt and approval of Developer's final report. e. For a period of one year following. completion of the improvements and their acceptance by the City, Developer agrees to -provide any necessary warranty repair or replacement of faulty work solely at its cost . and not subject to reimbursement -by the City. Section 4: Disputes In the event of any dispute arising under this AGREEMENT, the injured party shall notify the .injuring party of its contentions by submitting a claim therefor. The injured party *shall .continue performing its obligations incurred herein so' long as the injuring party commences to cure such injuring actions within -ten (10) days of such- notice and completes the cure within forty five (45) days after the notification, or such longer period as may be -agreed upon by. both parties to this AGREEMENT. CAWINDOW$\TwMo=y Internet FilesVXK%32\3draftmarvin nrtf Page 2 of 4 8 143 Section 5. Attorne.� s Fe_es If either party commences an action against the other arising out of or in connection with this AGREEMENT, including the filing of a lien or other legal action to compel payment of the Reimbursement, the prevailing . party shall be entitled to recover reasonable attorney's fees and legal costs from the losing party. Section 6. Indemnification Developer agrees to. indemnify, defend and hold. City and its officers, employees, agents, representatives, and assigns ("City indemnitees') 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 the performance of Developer, its officers, employees, agents, or representatives under this AGREEMENT, including -costs of suit and reasonable attorneys' fees. In the event the City. indemnitees are made a party to any. action, lawsuit, or other adversarial proceeding in any way involving such losses, claims, demands, actions, or causes of action, Developer shall provide a defense to- the City indemnitees, or at the City's option, reimburse the City indemnitees their costs of defense,. including reasonable attorneys' fees, incurred in defense of. such claim. In addition, Developer shall be obligated to promptly pay any final judgment or portion thereof rendered against the City indemnitees. Section 7. City .Officers and Employees No officer, employee, or designated representative of City shall be personally liable to Developer or any successor in interest in -the event of any default or breach by City or for any amount which may become due to Developer or to its successor or for breach of any obligation of the terms of this AGREEMENT. Section-8. Notice Any notice, demand, request, consent, approval or communication either party desires or is required to give to the other party or any person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below.. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed -as provided in this section. Section 9. Assignment of Agreement Neither party may assign its obligations hereunder to any assignee without the knowledge and consent of the other party hereto which other party shall not unreasonably withhold consent. Assignment may be made only to an assignee willing, financially ,capable and competent to carry out the assignor's obligations. C:\WINDOWS\Temporary Internet Files\OLK903Z\3drattmo VftM .II Page 3 of 4 9 144 Section 10. Insurance City shall require any and all contractors that perform work pursuant to the AGREEMENT to maintain, at a minimum, a commercial general liability insurance policy, an excess liability%umbrella insurance policy, and an "any auto" automobile insurance policy; each at limits of at. least 1 million dollars, and a- builder's risk insurance policy at 100% of the total cost of the work required pursuant to the AGREEMENT. IN WITNESS WHEREOF, Developer and City have caused this AGREEMENT to be executed as of the date first above written. . CITY OF LA QUINTA, M"VIN INVESTMENTS, INC. a California municipal corporation IJA Thomas P. Genovese, City Manager - By: ATTEST: June Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CAWIIMWS\Temporary Ititemet Files\OLK9032\3drathnwvfiuwu.rtf Page 4 of 145 10 EXHIBIT A LA FONDA PROTOTYPICAL STREET ENHANCEMENTS North Side of Avenida La Fonda Cost. Estimate: (Between Avenida Bermudas and Desert Club Drive) Extended Item No. Description Unit Q Unit Price Price 1 Interlocking paver on sand. Base per detail SF 3097 .$3,00 $9,291.00 2 Tree Grates sq. OT-T24" EA 12 $2,500.00 $30,000.00 3 Trash Receptacles EA 4 $400.00 $1,600.00 4 Ash Ums EA 4 $300.00 . $1,200.00 5 6' Steel Benches & Pads EA 12 s.1,800.00 $21,600.00 6 Construct 4".AC.cover 6" class aggregate base SF 224 $1.78 $398.72 7 Construct concrete driveway approaches SF 234 $12.00 $Z808.00 8 6" concrete band LF 594 $8.00 $4,752.00 9 Remove eAsting PCC sidewalk SF 1467 $2.50 $3,667.50 10 Construct 4" thick PCC sidewalk SF .102 $3.00 $306.00 11 Irrigation LS 1 $7,500.00 . $7,500.00 12 36" Box ShoesMng.Acacla . EA 13 $850.00 $11,050.00 5-gallon Ruellia Pennsolaris EA 23 s22.00 $506.00 4 F-1 1 allon New Gold Lantana EA 14 $8.00 $112.00 53 Decorate Desert Gold 3/8" minus, 2" thick -per plan TN 6 $110.00 $660.00 16 Construct handicap ramps can "A" per Clty of La Qunta EA 2 $850.00 $1,700.00 17 Construct handicap 'ramps case "B" per City of La Quinta Ea 4. $850.00 $3,400.00 10 Construct private drain thru curb per City of La Quinta LF 415 $9.00 $3,735.00 19 112 Month Maintenance Period LS 1 $4,000.00 $4,000.00 Total Estimated Construction Costs: $108,286.22 Developer Administration (Oversight, Bonds and Insurance at 7%: s79580:04 Contingency at 15%: $17,379.94 TOTAL ESTIMATED BUDGET: $1339246.19 7/9/03 11 1 4 41P '` w5 OF Tip COUNCIL/RDA MEETING DATE: August 19, 2003 ITEM TITLE: Approval of a Professional Services Agreement with Overland, Pacific, and Cutler, Inc. to Provide Relocation Assistance Services for the Jefferson Street Phase II Project RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /COL STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement (PSA) with Overland, Pacific, & Cutler, Inc. (OPC) in an amount not to exceed $50,025.00 to provide relocation assistance services for the Jefferson Street Phase II Project. FISCAL IMPLICATIONS: The proposed Jefferson Street Phase II Improvements are funded in accordance with Amendment Number Three of the City of La Quinta (City), City of Indio, County of Riverside, and Coachella Valley Association of Governments (CVAG) Reimbursement Agreement and Memorandum of Understanding (MOU) executed on March 12, 2002. The overall project costs for the Phase II improvements are estimated at $16,700,00.00. CVAG has agreed to pay 75 % of these costs. The remaining 25% will be paid by the jurisdiction in which the improvements are constructed. The City's funding contribution (25 % of the project costs within its jurisdiction) is estimated at $2,797,250. Of this amount, the City has been provided a credit in the amount of $963,000.00 from State Transportation Improvement Program funding obtained by the City to offset the costs of the newly included bridge across the Whitewater River. An additional credit has been provided in the amount of $1,647,184.00 as a repayment for the Regional share, advanced by the City for the Washington Street Improvements. S:\CityMgr\STAFF REPORTS ONLY\8-19-03\C13.doc 147 The City shall be responsible for repaying any balance of its portion of the proposed improvements less its credit, which totals $2,610,184.00. Considering the City's estimated costs are $2,797,250, the City's estimated out-of-pocket cost will be approximately $186,466.00. However, the City's actual contribution will be calculated based on the project's final costs. The proposed services provided by OPC will be reimbursed to the City by CVAG. The City's 25 % contribution will be calculated upon completion of the proposed improvements. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The project limits for the Jefferson Street Phase II Improvement Project are Indio Boulevard at the north end and Highway 111 at the south end. The proposed improvements will widen Jefferson Street to its ultimate six lane configuration, including the installation of a bridge spanning the Whitewater River. The locally preferred project alignment calls for Jefferson Street to be widened equally on both the east and west side of the street. Subsequently, the project will impact seventeen existing residential households and six non-residential properties between Westward Ho Drive and Vista Grande. The City of La Quinta recently made offers to purchase the impacted residential and non-residential properties. On August 19, 2003, the City Council will be considering several purchase and sale agreements, including one single family home. If the Council approves the agreement regarding the single family home, the resident will need relocation assistance. The PSA (Attachment 1) with OPC provides the property owners with relocation assistance, by ascertaining housing needs, locating replacement housing and preparing benefit claim forms for displaced residential occupants. OPC will provide right-of-way acquisition assistance as necessary for owners of the vacant parcels. OPC is an entity which resulted after the merger of Overland Resources and Pacific Relocation. Overland Resources was under contract with the City for the right-of- way acquisition for Phase I of Jefferson and performed the services in a highly competent manner. The City of Indio and the County of Riverside have contracted with OPC to serve as right-of-way acquisition agents for the portions of the Phase II Jefferson Street project outside of the City limits. In addition, OPC is currently S:\CityMgr\STAFF REPORTS ONLY\8-19-03\Cl Moc 148 48 under contract with the City for the preparation of the Relocation Plan. That contract is for $10,000 and is nearing completion. These factors justify the finding of an exception from the competitive- proposal requirements under Municipal Code section 3.32.050 because the experience with the proposed service provider has demonstrated competence and satisfactory performance. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Professional Services Agreement with Overland, Pacific, and Cutler, Inc. in an amount not to exceed $50,025.00 to provide relocation assistance services for the Jefferson Street Phase II Project; or 2. Do not approve a Professional Services Agreement with Overland, Pacific, and Cutler, Inc. in an amount not to exceed $50,025.00 to provide relocation assistance services for the Jefferson Street Phase II Project; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R. nas o , P. E. Public Works Dire or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Professional Services Agreement S:\CityMgr\STAFF REPORTS ONLY\8-19-03\C13.doc 1 "t ,1 3 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 OVERLAND, PACIFIC, AND CUTLER, INC. ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Jefferson Street Phase II Improvements — Relocation Assistance as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof) . 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses S:\CityMgr\STAFF REPORTS ONLY\8-19-03\C13 PSA.doc Page 4of 11 or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5 %) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 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 FIFTY THOUSAND TWENTY-FIVE DOLLARS ($50,025.00) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has .provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon S:\CityMgr\STAFF REPORTS ONLY\8-19-03\C13 PSA.doc J Page tof 11 which are, approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with 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. Mark La Bonte, Vice President It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. S:\CityMgr\STAFF REPORTS ONLY\8-19-03\C13 PSA.doc 1 � 2 Page �of 11 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 Timothy R. Jonasson, P.E., Public Works Director/City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 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 S:\CityMgr\STAFF REPORTS ONLY\8-19-03\C13 PSA.doc J l'� Page �of 11 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 Iniury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile' liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. 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. 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. The Consultant shall defend, indemnify and hold harmless the City, its officers, officials, employees, representatives and agents, ("City indemnitees"), from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by the City) ("claims") and for errors and omissions committed by Consultant, its officers, anyone directly or indirectly employed by Consultant, any subcontractor, and agents:lJ 40, S:\CityMgr\STAFF REPORTS ONLY\8-19-03\C13 PSA.doc Page f3of 11 or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence, sole negligence or willful misconduct, or that of its officers or employees. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such claims, Consultant shall provide a defense to the City indemnitees, or at the City's option, reimburse the City indemnitees their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition, Consultant 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 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 S:\CityMgr\STAFF REPORTS ONLY\8-19-03\C13 PSA.doc Page bf 11 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 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 therefore. 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) S:\CityMgr\STAFF REPORTS ONLY\8-19-03\C13 PSA.doc 1 ` G Pag, bf 11 0 days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of .Consultant in the performance of the services required by this Agreement. 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. S:\CityMgr\STAFF REPORTS ONLY\8-19-03\C13 PSA.doc Pag1 l of 11 15 7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute_ or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party e S:\CityMgr\STAFF REPORTS ONLY\8-19-03\C13 PSA.doc 1 J Q Page 2Df 11 may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 To Consultant: OVERLAND, PACIFIC, & CUTLER, INC. Attention: Mark La Bonte, Vice President 100 W. Broadway, Suite 500 Long Beach, CA 90802 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 judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. S:\CityMgr\STAFF REPORTS ONLY\8-19-03\C13 PSA.doc 2 1 J Page.116�of 11 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date ATTEST: June Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: OVERLAND, PACIFIC, & CUTLER, INC. By: Name: Mark La Bonte Title: Vice President Date: S:\CityMgr\STAFF REPORTS ONLY\8-19-03\C13 PSA.doc Page i lff 11 16 (l Exhibit A Scope of Services The scope of services provided by Overland, Pacific, & Cutler, Inc., dated August 1, 2003, is attached and made a part of this Agreement. 15 161 Aus-04-03 09:01am From-RUTAN & TUCKER LLP, 714-546-0035 T-900 P.04/05 F-673 SCOPE OF SERVICES Overland, Pacific & Cutler, Inc. will conduct the following, activities necessary for the effective relocation of reslrlentlal Occupants: 1. Conduct personal, on -site interviews of prospective displacees to ascertain relocation housing needs and special requirements. 2. inform displaced persons of available relocation assistance services and benefits, and explain relocation process. 3. Provide displacees with on -going advisory assistance to minimize their hardship, including referrals to and coordination with community service resources, public Dousing and other public services, as necessary. 4. Prepare and distribute Informational Statements, Notices of Displacement, 90-Day Notices to Vacate, and other notices, as may be required. S. Provide written referrals to replacement housing and physically assist displacees in locating replacement housin& including transporting individuals to view replacement sites, if necessary. 6. Prepare replacement housing/down payment assistance entitlement reports for displaced households. 7. Determine eligibility for and proposed amount of relocation benefits, including moving payments, rent&Wown payment assistance, and replacement housing payments. S. Inspect replacement dwellings to determine if they meet "decent, safe and sanitary requirements. 9. Prepare all applicable benefit claim forms, secure claimant's signatures on claim forms, and submit claim forms to City for processing and payment. 10. Monitor the move to replacement site, as necessary. 11. Deliver benefit checks and other appropriate payments to claimants. 12. Maintain necessary case documentation and provide City with periodic standard status reports. Overland, Pacific & Cutler, Inc. will conduct the following activities necessary for the effective relocation of Ron-reswndd occupants: l . Conduct personal, on -site interviews of prospective dispiaeees to ascertain relocation needs and special requirements. 2. Inform displaced businesses of available relocation assistance cervices and benefits, And explain relocation process. 3. Prepare and distribute Informational Statements, Notices of Displacement, 90-Day Notices to Vacate, and other notices, as may be required. 4. Assist displacees in locating replacement business sites and provide written referrals to same, if available. 16,9 16 Aug-04-03 09:02am From-RUTAN i TUCKER LLP, 714-546-0035 T-000 P.05/05 F-673 S. Provide on -going advisory assistance to business displacees, including lists of qualified movers and vendors. 6. Prepare specifications for the move and inventory of personal property, iasuring thorough coordination with City smff legal counsel, that no real property is included on the personal property inventory list. 7. Coordinate the walk through for a minimum of two bids and move estimates with movers and the displaced business. 8. Monitor the actual move to replacement site and re-establishment activities, as necessary. 9. Determine eligibility for and proposed amount of relocation benefits, including actual and reasonable moving payments, re-establishment payments, and fixed payments. 10. Prepare all applicable benefit claim forms, secure claimants signatures on claim forms, and submit claim forms to City for processing and payment. 11. Deliver benefit checks and other appropriate payments to claimants. 12. Maintain necessary case documentation and provide City with periodic standard status reports. 163 17 Exhibit B Schedule of Compensation Payment shall be on a "Lump Sum Fixed Fee" basis. Total compensation for all work under this contract shall not FIFTY THOUSAND TWENTY-FIVE DOLLARS ($50,025.00) except as specified in Section 1.6 - Additional Services of the Agreement. Aug-04-03 09:00am From-RUTAN A TUCKER LLP, 714-546-9035 T-900 P.02/05 F-673 J AugUst 1, 2003 Ms. Kathy lemon, City Attorney, City of La Quinta C/O Rutan & Tucker 611 Anton Boulevard, 14" Floor Costa Mesa, California 92626 RE: Relocation Services Proposal La Quinta--Jeff Orson Street Phase R Dear Ms. Jenson, Overland, Ncific, & Cutler, Inc (OPQ is pleased to submit its proposal to provide relocation assistance services for the City of La Quium's Jefferson Street Phase A project. It is our understanding the project will cause the displacement of 16 residential occupants and 1 non- residential occupant. Relocation services to be provided will be in accordance with State relocation guidelines and the attached scope of services. OPC's proposed fee to complete the requested services is a fixed fee price as follows: • ,Relocation of 16 resideno4l households based on $2,500 per household. • Relocation of 1 non-residential occupant based on a case race of $3,500. • An overall project management and coordination fee of 15% of the "case rate" for meetings with City, oversighT of stat and preparation of status reports. Based on the above, our proposed fee is shown below. Residential Relocation Assistance Services $40,000 Non -Residential Relocation Ass6- nce Services $ 3,500 Project Management & Coordination $ 6,525 Totol Fee Ss04"00 For activities associated with the attached Scope of Services. PRC will submit monthly invoices for the relocation services rendered based on the hourly rate schedule provided below. However, in no event will PRC's total hourly billing exceed the total estimated fee without prior authorization from The City. Additional cases identified during the unpleAmentation of the Project, delays or, long-term negotiations in the acquisition past six months, and/or substantial changes in the required scope of work are items which may resulr in the revision of The proposed project fee. Upon completion of services, the remaining balance of the project maximum shall become immediately due and payable. The current hourly rate schedule for the project through December 31, 2003 is as follows: 19 16 A4-04-03 09:01am From-RUTAN & TUCKER LLP, 714-546-9035 T-900 P.03/05 F-6i3 Corporate Ofiiccr/Mucipal $130.001per hour Senior Project Manager $110.00/per hour Project Manager/Scalor Consultant $95.00/per hour Relocation Consultant $75.00/per hour Technical Support $50.001per hour Administrstive✓Secrerarial $35.00/per hour Any consulting services or advice necessary for an appeal, or to support litigation, such as depositions, pre-trial research and, court testimony, is not part of the estimated fee and shall be billed hourly at 1501% of the above rates. We appreciate the opportunity to submit this proposal to provide the requested services. We look forward to assisting the City in completing this project. If you bare an3c.questioas or require additional information, please do not hesitate to contact me. Respectfully submitted. OVERLAND, PACIFIC & CUTLER, INC. Mark La Bones <f Vice President Attachment Cc: - David Cosgrove 166 20 Exhibit C Schedule of Performance Consultant shall complete all services within one year (365) days of the date of this Agreement. 21 Exhibit D Speciai Requirements None. 163 22 Iry fou QUIRS wu 5 OF 9ti AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: August 19, 2003 BUSINESS SESSION: ITEM TITLE: Adoption of a Resolution Accepting a Declaration of Dedication to the City for a Flood CONSENT CALENDAR: Regulation Basin located 79-565 Starflower Trail, APN STUDY SESSION: 604-253-007 PUBLIC HEARING: RECOMMENDATION: Approve and adopt a Resolution accepting the Declaration of Dedication to the City for a flood regulation basin located at 79-565 Starflower Trail, in connection with improvements for Tract No. 24208; and Release all bonds securing flood protection improvements for this tract. FISCAL IMPLICATIONS: The existing retention basin, located at 79-565 Starflower Trail within the Cactus Flower subdivision (Attachment 1), has been maintained by the City's Landscape and Lighting District for some time. There is no payment required for accepting the property, as this dedication was a condition of development for Tract No. 24208. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The retention basin located at 79-565 Starflower Trail (APN 604-253-007) was originally Lot 69 of Tract 24208, the construction and offer of dedication of which was a condition of the Cactus Flower II development project. A Declaration of 16J Dedication for flood regulation basins was recorded in the City's favor in September 1990 (Attachment 2). However, maintenance requirements remained the obligation of the developer into perpetuity in accordance with the tract conditions if the City opted not no accept the dedication Over the years, the City incorporated maintenance of this retention facility within its Landscape and Lighting District as the developer has not maintained the site for some time. At the time of development of Cactus Flower II, buildable lots were dedicated by the developer as a retention basin for flood regulation purposes. The dedication was done in a manner so as to allow the developer to regain full use of the property in the event the City determined that sufficient flood control facilities have been constructed so as to eliminate the need for the flood basin. The county assessor's office continued to hold this lot as a taxable property and annually sent a tax bill to the property owner (i.e., the developer). The developer apparently stopped paying the property tax and the County turned it over for an auction sale. The retention basin lot was subsequently purchase by Ms. Carol Goldstein, who apparently was unaware of the lot's intended use and the storm water restrictions that were recorded against the property. The County now wishes to return Ms. Goldstein's money for the purchase of this lot and has requested the City to accept a Declaration of Dedication and to continue to maintain the property so that it can be taken off of the assessor's records. By accepting the Declaration of Dedication for this flood regulation basin, the City will maintain its right to treat public water that currently drains from several city streets onto the lot and will eliminate the confusion of the buildability of this lot by removing it from the assessor's roles. Staff therefore recommends that this dedication be accepted to eliminate any confusion regarding the status of this property in the future. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve and adopt a Resolution accepting the Declaration of Dedication to the City of a flood regulation basin located at 79-565 Starf lower Trail, in connection with improvements for Tract No. 24208; and release all bonds securing flood protection improvements for this tract; or 2. Do not approve and adopt a Resolution accepting the Declaration of Dedication to the City of a flood regulation basin located at 79-565 Starflower Trail, in connection with improvements for Tract No. 24208; and do not release all bonds securing flood protection improvements for this tract; or 3. Provide staff with alternative direction. 1 O Respectfully submitted, Aothy R.JGWSSO . E. Public Works Direct City Engineer Approved for submission by: Thomas. P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Declaration of Dedication 1'7.1 3 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA ACCEPTING THE DECLARATION OF DEDICATION TO THE CITY FOR A FLOOD REGULATION BASIN LOCATED AT 79- 565 STARFLOWER TRAIL, APN 604-253-007 WHEREAS, the construction and offer of dedication of the retention basin located at 79-565 Starflower Trail, Lot 69 of Tract 24208 (APN 604- 253-007) was a condition of approval for the Cactus Flower II development project; and WHEREAS, the property so offered for dedication is more fully described in Exhibit "A" hereto, which description is incorporated herein as though set forth in full. (hereinafter referred to as the "Dedicated Property"); and WHEREAS, the retention basin was subsequently installed by the developer of the Cactus Flower II development project on the Dedicated Property; and WHEREAS, a Declaration of Dedication for the flood regulation basin .was accordingly recorded with the County of Riverside on August 14, 1990; and WHEREAS, the City of La Quinta now desires to accept said Declaration of Dedication, in order to avoid any confusion as to the permitted use of the Dedicated Property and to ensure the continued maintenance of the property for flood basin purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The City Council of the City of La Quinta hereby accepts the Dedicated Property. Section 2. The City Clerk of the City of La Quinta is hereby authorized to record this Resolution in the Office of the County Recorder in the County of Riverside, State of California. t7z 4 Resolution No. 2003- Acceptance of Declaration of Dedication Adopted: August 19, 2003 Page 2 PASSED, APPROVED AND ADOPTED this 19t' day of August, 2003 by the following vote: AYES: NOES: ABSENT: ABSTAIN: STANLEY SNIFF, Mayor Pro Tern 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 11 Resolution No. 2003- Acceptance of Declaration of Dedication Adopted: August 19, 2003 Page 3 EXHIBIT "A" Description of Real Property: "Lot 69 of Tract 24208, as recorded in Map Book 223, Page 22-25 in the office of the County Recorder, County of Riverside, State of California APN 604-253-007" 1"4 6 Resolution No. 2003- Acceptance of Declaration of Dedication Adopted: August 19, 2003 Page 4 On personally appeared STATE OF CALIFORNIA ) ) ss COUNTY OF RIVERSIDE ) , before me, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 17S 7 0 LY !mmnnn �mmmm �7111181111 w IM Qp N CW .• ..CW yL:-v :► • usL ov N N . 0 Mu f� v ii w •� I�GI7Y `S 4� S /Ii M 11 I� It � "Flo rAA or Ar s � e •I ! A � t~ '• F , ~ M b V i � � • bUS O ®w ® ® 0 i OF / 11/)/•�f CL ►o � '� 1iN V V O fimow 4 w A 7_ sO � w • A[ of ow !I w v e N J r ® h t ® b @Vol b ® I 0 I 047 _ram _ .i. ATTACHMENT n� h 8 No .V ATTACHMENT 2 WHEN RECORDED Mail To: City Of La Quinta P. 0. Box 1504 La Quinta, CA. 92253 TRACT NO. 24208 DECLARATION OF DEDICATION (FLOOD REGULATION BASIN) LA QUINTA ASSOCIATES II A CALIFORNIA GENERAL PARTNERSHIP Herein called "Owner", in accordance with conditions of approval of Tract 24208, hereby.dedicates to public use, that property described on Exhibit A. as a flood regulation basin to retain and regulate storm water runoff from said Tract and other tributary properties 1. Owner further agrees to provide landscaping with irrigation system(s) and to perform such regular maintenance as is required to continue the safe and normal operation of the park area and flood regulation basin together with said landscaping and irrigation, lawn mowing and plant maintenance, removal of silt and debris. Said maintenance includes inspection, removal of weeds, weed control and maintenance of inlet facilities on a regular basis to insure functioning of the basin as designed. Owner reserves the right to utilize the flood regulation facility; provided, however no structures will be constructed within the flood regulation basin or other use made of it without prior written approval of the City of La.Quinta. 2. Owner agrees that he shall indemnify and hold the City of La Quinta free and harmless from any liability whatsoever based or assorted upon any act or omission of Owner, his officers, agents, employees, subcontractors, independent contractors, guests and invitees, for property damage, bodily injury or death or any other element of damage of any kind or nature related to or in anywise connected with or arising from the construction, operation or maintenance of the flood regulation basin, complete with landscape, the condition thereof or the failure of such installation. The Owner shall defend at his expense, ,including attorneys fees, the City of La Quinta, their officers, agents, employees, independent contractors in any claim or legal action based on such alleged acts or omissions. 177 .! . Page 2 DECLARATION OF DEDICATION TRACT NO. 24208 City of La Quinta 3. The Owner agrees to maintain the facilities as provided herein until such time as the City of La Quinta may accept said facility for maintenance in accordance with the provisions of the Landscaping and Lighting Act of 1972. The City may elect to accept Lot "J" and Lot 69 as herein offered for dedication following satisfactory completion of all related improvements, landscaping and irrigation system(s) and the completion of the required one year warranty period. Upon acceptance by the City of the offered dedication as herein setforth the Owner shall be released from the maintenance responsibilities, required bonding and the indemnification of the City all as provided herein. In the event the City of La Quinta does not or elects not to accept said facilities for maintenance, the Owner agrees to further maintain the facilities as provided herein until such time as determined at the sole discretion of the City of La Quinta, sufficient flood control facilities are constructed that eliminate the need for the flood regulation basin. Thereafter, the City of La Quinta may release the Owner from the dedication of Lot 69 granted herein and relinquish said property to the Owner. 4. Upon recordation of the final map for Tract 24208, the Owner shall provide a bond in the amount of not less than $20,000.00 for the initial year plus.an additional five percent (5%) increase over the prior year for each year after the first year. Such bond shall initially be for a full year and shall be renewed annually thereafter for a period of ten (10) year's or until such time as the offered dedication is accepted by the City as herein setforth and conditioned. 173 11.10 M Page 3 DECLARATION OF DEDICATION TRACT 24208 City of La Quinta 5. The rights and obligations of Owner shall inure to and bind all heirs, successors, or assignees of the Owner. Dated: JrJLY LA QUINTA ASSOCIATES, A CALIFORNIA GENERAL PARTNERSHIP By: DEVELOPERS VENTURE CAPITAL CORPORATION A CALIFORNIA CORP. MANAGING PARTNER By: E.G.WILLIAMS, RES. By: By: STATE OF CALIFORNIA )ss. COUNTY OF Riverside On July 17, 1990 , before me, the undersigned, a Notary Public in and for said State, personally appeared E . G . Williams personally known to me (or proved to me on the basis of satis- factory evidence) to be the person that executed the within instrument as managing partner(s), on behalf of La Quinta Associates the partnership therein named and acknowledged to me that the partnership executed it. WITNESS my hadand official seal. Signature11tula �Moxv"Orll_ (This area for official notarial seal) TRACT NO. 24208 EXHIBIT W TO DECLARATION OF DEDICATION (FLOOD REGULATION BASIN) Lot 69 and Lot "J" are offered for dedication as Flood Regulation Basin as shown on Tract 24208 as recorded in Map Book Page in the office of the County Recorder, County of Riverside, State of California. �� 30 CCOUNCIL/RDA MEETING DATE: August 19, 2003 ITEM TITLE: Approval of Additional Allocation for Dog Park Amenities RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve an allocation up to $10,000 from the Quimby account for dog park amenities. FISCAL IMPLICATIONS: Dependent upon City Council action, up to $10,000 could be allocated from the Quimby account, which has an uncommitted balance of $194,244. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The development of a dog park at Fritz Burns Park was identified in the 2002-03 Capital Improvement Program with a budget of $30,000 as provided in Attachment 1. Of the $30,000, 10% or $3,000 is allocated to reimburse the General Fund for staff costs, leaving $27,000 for park amenities. Many of the dog park amenities have been installed, such as the fencing, benches and signage, with expenditures totaling $25,146. However, two major amenities are still needed for the dog park, which include a drinking fountain that can accommodate dogs and two shade structures over the benches. The following chart provides a breakdown of the current expenditures for the dog park: 181 Concrete curbing installed $3,295 Fencing installed $17, 500 Signs $525 Trash cans and benches $1,724 Drinking Fountain $2,102 Total $ 25,146 The shade structures for the dog park will cost $3,780 and the installation of the drinking fountain is estimated at $3,000, for a total of $6,780. There is a balance of $1,854 in the current budget for the dog park, leaving a deficit of $4,926 to complete the shade structures and drinking fountain. An allocation from the Quimby account in the amount up to $10,000 would provide funds to complete the project and allow for a contingency. Once the project has been completed, remaining funds would be returned to the Quimby account at the closing of the project. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve an allocation up to $10,000 from the Quimby account for dog park amenities; or 2. Do not approve an allocation up to $10,000 from the Quimby account for dog park amenities; or 3. Provide staff with alternative direction. Respectfully submitted, Doie Horvitz, Corn�kwnity Services Director 1 8' 2 Approved for submission by: Thomas P. Genovese, City Manager Attachment 1: CIP Budget Sheet for Project 730 133 3 ATTACHMENT 1 0 000 O O O O O W W n O O N O < X 0 0 n „ rn vv_ (D,0 0 p O c 3' Z CA) W Z w p z m p cD zv z p °-' 0 z c v N z o. p D OCD CD 0 0 O M CD c O WWI c:X O O CiU o 0 0 00o 000 v0 pm 0 O o O v0 �m 0 0 0 0 0 0 ��I 0 0 �-0-I o m x 0 m v m ; zp m X � �� z�ja O o o c 0 0 0 co 0 0 o �ww� C-< wo wo C-< 0 000 vo G N 0 o vo N O O 0 000 0 0 0 1 CA) O O O 0 W O m m m -� �� c CA) CA)v z -1 0 N CA) CA)_p "s c) 0 0 � C O � O 0 O 0 Z O O CA W _. G W 0 0 0 0 m 0 0 0 X X m zv0 vim w w on ` m w O 0 CA) co 0 cc Cm� 0 rn 10 Zm-4 o c 0 9) p cn 000 ;o 0 -► 0 � o � c z CO m D� 0)n)wo rn rn vz cv o Q m Zcwc CA) m z c o co ,Con ,cwo 0 0 000 p o, o w 0 COUNCIL/RDA MEETING DATE: August 19, 2003 ITEM TITLE: Approval of an Amendment to the Art Purchase Agreement with Madison Development RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: ,/f STUDY SESSION: PUBLIC HEARING: Approve Amendment No. 1 to the Art Purchase Agreement with Madison Development for the maintenance of the "Cahuilla Family" art piece located at the Point Happy development. FISCAL IMPLICATIONS: By approving the Art Maintenance Agreement with Madison Development for the maintenance of the "Cahuilla Family" art piece, the City may reduce the scope of services as part of the contract with California Pools for the maintenance of the fountain and any cost to maintain the bronze art piece for the term of the Agreement. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On June 5, 2001, the City entered into an Art Purchase Agreement with Madison Development and Felicia (artist) to provide a bronze statue entitled "Cahuilla Family" set amongst landscaping and a fountain area in the Point Happy development. On October 29, 2002 the City accepted the "Cahuilla Family" art piece located at the Point Happy development as being complete. The site plan for the "Cahuilla Family" art piece is provided as Attachment 1. Upon completion of the art piece the City assumed the maintenance of the art piece. Maintenance includes the 185 ' routine maintenance of the fountain and landscape area as well as care of the bronze statue. Madison Development has requested the City's permission to maintain the "Cahuilla Family" art piece as a part of the regular maintenance of the Point Happy development. Attachment 2 provides an Amendment No. 1 to the Art Purchase Agreement which grants Madison Development permission to maintain the "Cahuilla Family" art piece. Ownership of the art piece remains with the City. Amendment No. 1 to the Art Purchase Agreement -can be revoked by giving Madison Development a thirty -day notice. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Amendment No. 1 to the Art Purchase Agreement with Madison Development for the maintenance of the "Cahuilla Family" art piece located at the Point Happy development; or 2. Do not approve Amendment No. 1 to the Art Purchase Agreement with Madison Development for the maintenance of the "Cahuilla Family" art piece located at the Point Happy development; or 3. Provide staff with alternative direction. Respgctfully submitted, VVV Dodie Horvitz,,Co Attachments: unity Services Director Approved for submission by: Thomas P. Genovese, City Manager 1. Site Map of Point Happy and "Cahuilla Family" Art Piece 2. Amendment No. 1 to Art Purchase Agreement gee;�C� ATTACHMENT 2 AMENDMENT NO.1 TO ART PURCHASE AGREEMENT THIS AMENDMENT NO. 1 TO ART PURCHASE AGREEMENT (this "Amendment No. 1 ") is entered into this day of August, 2003 by and among THE CITY OF LA QUINTA, a California municipal corporation (the "City"), MADISON/PTM DEVELOPMENT, LLC ("Developer"), and FELICIA ("Artist"), an individual. RECITALS WHEREAS, Developer owns a development within the City commonly referred to as the Point Happy Development ("Development Area"); WHEREAS, in order to comply with Chapter 2.65 of the City Municipal Code, Developer entered into that certain Art Purchase Agreement, dated June 5, 2001 ("Original Agreement"), whereby it commissioned Artist to fabricate and install certain artwork (the "Artwork") to be displayed in the Development Area; WHEREAS, pursuant to the Original Agreement, the City agreed to undertake maintenance, repair and restoration obligations with respect to the Artwork ("Maintenance Obligations"); WHEREAS, the Developer now desires to take on, and the City agrees to turn over, said Maintenance Obligations; WHEREAS, Artist has been made aware of the desires of the Developer and City with respect to the Maintenance Obligations and has no objection to this modification of the Original Agreement; .and WHEREAS, the parties hereto now desire to execute this Amendment No. 1, effective immediately upon execution by all three parties, to formally recognize the modification of the Original Agreement with respect to the Maintenance Obligations. NOW, THEREFORE, in consideration of the above recitals and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: AMENDMENT 1. The Original Agreement is hereby amended to transfer any and all Maintenance Obligations from the City to the Developer. 2. Developer acknowledges that the Maintenance Obligations require it to maintain, repair and restore the Artwork to the standard prescribed in the Original Agreement, as may be amended herein. 1S3 - 4 3. To effectuate the above modifications of the Original Agreement, the following sections are hereby amended: A. Section 6.3 subparagraph "a" of the Original Agreement is hereby amended as follows: The City shall have the right to determine, after consultation with the Developer and a professional art conservator, when and if repairs and restoration to the Artwork will be made. To the extent practical, the Artist, during the Artist's lifetime, may be given the opportunity to make or personally supervise significant repairs and restorations and shall be paid a reasonable fee for any such services, provided that the Developer and the Artist mutually agree in writing prior to the commencement of any significant repairs or restorations upon the Artist's fee for such services. Developer shall pay Artist or any other contracted party all fees associated with repair and/or restoration of the Artwork. No fees shall be paid to Artist for repair or restoration due to a breach of the representations and warranties set forth herein. B. Section 6.4 subparagraph "a" of the Original Agreement is hereby amended as follows: The Developer shall maintain the Artwork in a manner that causes the Artwork to remain in good condition and to the reasonable satisfaction of the City. The maintenance shall be subject to any applicable standards set out in the City's Municipal Code. 4. The Original Agreement is further amended to add the following provision: The Developer shall procure and maintain, at its cost, and submit within thirty days of the execution of Amendment No. 1, commercial liability insurance against all claims for injuries against persons or damages to property resulting from Developer's acts or omissions related to Developer's performance under this Amendment No. 1. The insurance policy shall be primary for losses arising out of Developer's performance hereunder and neither the City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insured shall be delivered to and approved by the City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be as follows. The Coverage for personal injury/property damage shall be $100,000 per individual; $300,000 per occurrence. The Developer shall also carry automobile 1 81 5 liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by the Developer, its officers, any directly or indirectly employed by the Developer, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Developer's performance under this Amendment No. 1. 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 be primary for losses arising out of Developer's performance hereunder and neither the City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insured shall be delivered to and approved by the City prior to commencement of the services hereunder. Developer shall also carry Workers' Compensation Insurance in accordance with and to the extent required by State Workers' Compensation laws. All insurance required by the Section shall be kept in effect during the term of this Amendment No. 1 and shall not be cancelable without thirty (30) days written notice of proposed cancellation to City. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Developer's obligation to indemnify the City, its officers, employees, contractors, subcontractors or agents. 6. Developer hereby agrees to indemnify, defend and hold City and its officials, officers, employees, and representatives (collectively, the "Indemnitees") harmless from and against all claims, obligations, expenses, liabilities, and costs (including but not limited to attorneys' fees) (collectively, the "Claims") for property damage or bodily injury or death of any person or persons arising from Developer's performance of its Maintenance Obligations except to the extent any such claim is caused by the active negligence or willful misconduct of Indemnitees. 7. The person executing this Amendment No. 1 on behalf of each party warrants that he/she is duly authorized to execute and deliver this Amendment No. 1 on behalf of the respective party for which he/she signs, and that by so executing this Amendment No. 1, such parry is bound by the provisions of this Amendment No. 1. 8. In the event any action brought between the parties hereto relating to this Amendment No. 1 or the breach thereof, the prevailing party in such action shall be entitled to recover from any other party reasonable expenses, attorneys' fees and costs in connection with such action or proceeding. 100 9. If any term, provision, covenant, or condition of this Amendment No. 1 is held to be invalid, void, or otherwise unenforceable to any extent by any court of competent jurisdiction, the remainder of this Amendment No. 1 shall not be affected thereby, and each term, provision, covenant, or condition of this Amendment No. 1 shall be valid and enforceable to the fullest extent permitted by law. 10. This Amendment No. 1 constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior and contemporaneous agreements, representations, negotiations and understandings of the parties, whether oral or written, are hereby superseded and merged herein. 11. This Amendment No. 1 may be executed in two or more counterparts, each of which together shall constitute one and the same document. Unless otherwise defined herein, terms used herein shall have the meanings ascribed thereto in the Original Agreement. 12. The City reserves the right to terminate this Amendment No. 1 at any time, with or without cause, upon thirty (30) days written notice to Developer and Artist. In the event of termination, the Original Agreement shall remain in full force and effect as it existed prior to this modification. If the City exercises its right of termination pursuant to this paragraph, Developer agrees to return the Artwork, at its sole cost and expense. The Artwork shall be returned in at least as good of a condition as the Artwork is in as of the date of this Amendment No. 1. 13. Except as specifically expressed herein, all other terms, conditions and provisions of the Original Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Amendment No. 1 on the dates set forth below. "Developer " "City" Madison Development, LLC City of La Quinta, a California municipal corporation By: By: Its: Its: Date: Date: APPROVED AS TO FORM: By: M. Katherine Jenson, City Attorney ATTEST: June S. Greek, City Clerk "Artist" Felicia By: _ Date: 1(,)' L COUNCIL/RDA MEETING DATE: August 19, 2003 ITEM TITLE: Consideration of Facility Use Policies RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None for this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: / CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: At the July 22, 2003 City Council meeting, the City Council considered revisions to the Facility Use Policies during a Study Session. The Council provided staff with direction regarding many items related to facility use. However, there were some items referred for consideration at a future meeting date. There is a need to have a comprehensive facility use policy in place in order to provide information to the public. Therefore, presented in this report are those items discussed by the City Council during the July 22, 2003 Study Session, as well as the items that were referred to a future date for consideration by the City Council. Provided as Attachment 1 is the updated Facility Use Policies and Fee Schedule based upon the recent City Council action. Attachment 2 provides a redline version of the current facility use policies. 193 CIVIC CENTER CAMPUS Concurrent Use of the Amphitheater/Gazebo and the Senior Center City Council direction: Staff was directed to develop a fee for the use of the Senior Center which allows access only to the restrooms. This is presented in the Facility Fee Chart, as Attachment 3. Restricting Public Access City Council direction: The City Council discussed restricting exclusive use by groups for use of the Civic Center Campus to no more than four consecutive days and limiting the total use to not more than 15 days per calendar year. Events of this nature will be required to apply for a Facility Use Permit that would be approved by the City Council. Allowing Commercial Events and Fund Raisers City Council direction: Events of this nature will be required to apply for a Temporary Use Permit and will be evaluated for effectiveness in the future. Parking Plan. City Council direction: Staff was directed to develop an official parking plan and incorporate the parking plan into the conditions of use for the Civic Center Campus by large events. LA QUINTA SENIOR CENTER Alcohol Policy City Council direction: The City Council directed that groups serving alcohol while renting the Senior Center must pay an additional fee to have the City's janitorial service clean after the event. City Council direction: The optional equipment set up fee will be raised to $90 and the optional cleaning fee for events not serving alcohol will be raised to $150. COVE OASIS TRAILHEAD Vehicular Access Upon City Council direction a provision that an electric cart will be needed to transport handicapped participants from the parking lots to the Cove Oasis Trailhead will be included in the Facility Use Policy. 194 . 2 Parking Locations City Council direction: Staff was directed to present a parking plan for the Cove Oasis Trailhead area at a future date. Port -a -Lets City Council direction: Port -a -lets will be required for all events. Permitted Uses City Council direction: , Events will be required to go through the Temporary Use Permit process and amplification is allowed per the City's municipal code regulations. FRITZ BURNS PARK Limiting Inflatable Amenity Vendors City Council direction: Inflatable amenity rental companies will be limited to those that provide the City with the Certificate of Insurance. Skate Park Rental City Council direction: The skate park is not available for private parties. LA QUINTA PARK AND SPORTS COMPLEX The City provides the snack bar facility at the Sports Complex to the youth sports groups at no charge. The City pays for the janitorial service costs totaling $3,000 associated with the snack bar plus provides the trash bags for the trash cans on the fields. In addition to the janitorial service, the City also owns and maintains the food service equipment in the snack bar that includes the hot dog machine, ice machine, popcorn machine, nacho machine and refrigerator/freezer. The youth groups are responsible for all food products. The City also pays for the annual health permit for the facility. It is estimated that approximately $2,500 is spent each year for repairs and replacement of the food ,service equipment in the snack bar. The youth sports groups use the snack bar to raise funds to support the youth league. In addition to the snack bar facility, the City also pays for the sports field lights, which average $30,980 per year. This does not include replacement of bulbs and ballasts on the light fixtures. The City of La Quinta pays to maintain the sports complex, in the amount of $95,227 per year through the contract with Lundeen Pacific. Desert Sands Unified School District pays for the irrigation system and the water at the Sports Complex. 195 3 In addition to providing the snack bar for the youth sports groups, the City also provides an electric vehicle in which the youth groups can "drag" the fields and move sporting equipment around the fields. The annual, maintenance and repair costs for the electric vehicle are approximately $900. The City purchases the "brick dust" for the infields of the baseball fields each spring and the public works crew is assigned to prepare the fields for use. This is typically a four -day assignment for a two -man team, with an estimated staff cost of $1,000. The cost of brick dust averages $4,000 per season. As a review, the costs associated with La Quinta Sports Complex are: Janitorial Service $ 3,000 Snack Bar Equipment Repair $ 2,500 Electricity $ 30,980 Landscaping $ 95,227 Electric Vehicle $ 900 Brick Dust $ 4,000 Staff Cost $ 1,000 Total $137, 607 It is anticipated that the costs associated with the La Quinta Park will be within,the same range as the costs associated with the Sports Complex, as the site is approximately the same size and will be used by the same type groups for the same purposes. There will be some cost savings at the La Quinta Park for the brick dust, as there are only two baseball fields instead of six at the Sports Complex. However, the City will be responsible for paying for water usage at the La Quinta Park. Snack Bar Operation The Facility Use Application completed by the youth groups for the Sports Complex as well as the upcoming use of the La Quinta Park fields includes the use of the snack bar as requested by the youth groups. The current policy does not address the operation of the snack bar. With the opening of the Sports Complex and its facilities, it was intended by the City Council that the snack bar would be used to raise funds for the youth organizations. In the recent past, it has come to the City's attention that a youth organization had employed individuals operating as a business to operate the snack bar during the season and paid $1,300 a week for this service. After review by the City Attorney, the youth group was notified that the use of the snack bar by youth groups was to raise funds for the organization. In addition, the youth group was informed that the business they hired was responsible for obtaining a business license, providing worker's compensation for the employees of the business, as well as paying sales tax. . 196-4 City Council direction: The snack bars should be run by the league and volunteers. Hiring of individuals or businesses to operate the snack bar should not be permitted. The following subjects were continued from the July 22, 2003 City Council meeting. Staff requests that the following areas be addressed by the City Council: La Quinta Park Snack Bar When the La Quinta Sports Complex was built, the snack bar was completely outfitted with the food service machines listed above. However, due to the limited budget for the La Quinta Park, snack bar equipment was not installed. It is estimated the snack bar equipment will cost $10,000. This includes the ice machine (approx. $7,500), hot dog, nacho and popcorn machine (Apr. $2,500.) �o��` Staff has discussed the possibility of the leagues providing their own equipment for the snack bar. Although the leagues agree that they can afford to provide their own equipment, they do not want to have to store the equipment while not in use during the off months. Another option that was discussed was the leagues would co-own the equipment. The leagues were not supportive of that option, as they did not want to be responsible for the repair of the equipment. The leagues do support contributing toward the purchase of the equipment and the City would own and maintain the equipment. The City could collect funds from both the youth soccer and baseball league to purchase the equipment and then charge a repair and replacement fee each year for the use of the snack bar equipment. ❑ Staff is seeking direction regarding the outfitting of the snack bar with food service equipment. Should the City Council elect to not outfit the snack bar, the youth groups that use the facility could provide the equipment that they will use during the season. The skate park at the La Quinta Park is scheduled to be constructed and is included in the Capital Improvement Program for Fiscal Year 2003-04. With the addition of this facility at the park, there will be a need for either vending machines or opening of the snack bar during high use of the skate park, as well as to serve the other park amenities. I . .�� ` ..�117E}E ,�£, .��:5. : vp ❑ Staff is seeking City Council direction regarding the operation of the La Quinta Park snack bar by City staff or the City may contract the operations once the skate park is open. Should the City Council direct the City to provide snack bar services to the general public once the skate park is open, the youth groups would be unable to use the snack bar as a fund-raising mechanism. It is estimated that the revenue generated would offset the cost of the City operating the facility. Electric Vehicle Use The City of La Quinta provides an electric cart for the youth groups to use to move equipment and drag fields. Staff is seeking direction as to providing an electric vehicle for use by the youth groups at the La Quinta Park and Sports Complex. It is estimated that the annual cost to provide an electric vehicle at the Sports Complex is $900 per year. This includes maintenance, parts and tires. Staff would recommend the youth groups provide their own vehicle, and that the vehicle be electric and not gasoline powered. There is a. storage area provided at both the Sports Complex and the La Quinta Park which the youth groups utilize for storing equipment used during their season. R 1"'0. ON,, hH Y ib Utility Bills Both the Sports Complex and La Quinta Park have switches that can be used by the youth sports organizations to turn off portions of the field lights. The cost of operating the ball field lights averages $7,763.33 per month. The City pays this cost from the general fund. Staff is recommending the following conditions be applied regarding the sports lights being on while the fields are not being used: First offense: Warning Second offense: Warning Third offense: $50 fine Fourth offense: $100 fine Fifth offense: Revoke facility use permit ❑ Staff is seeking direction on continuance of this practice or whether the youth sports organizations could be asked to contribute toward the cost of the operation of the ball field lights. 198" Community Association Application Currently, the City allows youth sports organizations to use the Sports Complex by filing out an application and submitting a $350 deposit. This deposit is to cover any damage done to the snack bar facility or fields. When a non-profit organization requests funding through the Community Services Grant process, the organization completes a packet of information. Staff is recommending the youth organizations complete a Community Association Application, as provided as Attachment 4. The Community Association Application provides financial information as well as Board of Directors information. By completing this application, the City would have a record of the fees that the youth group is receiving from the City through a "grant" of use of facilities. ❑ Staff is seeking direction regarding the youth groups completing a Community Association Application. Annual Turf Maintenance Program Currently, the City of La Quinta provides the landscape maintenance for the Sports Complex, while Desert Sands Unified School District pays for the irrigation system and the water usage. At the La Quinta Park, the City will be responsible for landscape maintenance, irrigation and water usage. The City of La Quinta overseeds all public facilities each fall, in order to provide green turf throughout the winter months. The Sports Complex has not been overseeded due to the heavy usage by the youth soccer league. Each fall, the City receives many calls from parents and residents voicing complaints that the turf is "dead", and that the dry turf on the fields is affecting children. Establishing an annual turf maintenance program for both the La Quinta Park and Sports Complex would keep the turf in a playable condition and provide a maintained appearance. ❑ Staff is seeking direction as to the establishment of a turf maintenance program for both the Sport Complex and La Quinta Park. The turf maintenance program would be in addition to the regular maintenance program. Field Lighting Conditions In addition to the direction from the City Council regarding facility use, the Environmental Assessment completed for the La Quinta Park includes five conditions pertaining to the use of the field lights: r� Mi J n • l 1. All field lighting fixtures shall be on individual on/off and City - operated timer controls; 2. Fields shall be lit only if in use. Lighting on fields which are not in use shall remain off. The City will inform all persons and organizations which reserve the fields that this measure is in place and shall establish policies and penalties for persons or organizations which violate this measure; 3. All sports field lighting shall be set on an automatic timer to turn off at 10 p.m., if not manually turned off prior to that time; 4. No lighting shall be permitted for the northernmost three fields on Saturday and Sundays; and 5. From August through February, when soccer games and practices occur after dusk, all other soccer fields shall be utilized before the northernmost three fields are lit. Only if the other nine fields are occupied will the lighting be turned on at the northernmost three fields. Traffic Issues Also contained in the Environmental Assessment are the following conditions, pertaining to the traffic issues at the La Quinta Park: 1. The Public Works Department shall monitor the traffic movements associated with the first days of organized play for baseball and soccer associations. Should a hazardous condition occur, the Department shall establish procedures and standards for traffic control at the site, and require the sports associations to provide traffic control personnel at the beginning and end of practice and/or game sessions, to ensure that safe ingress and egress occurs at the park; 2. No sporting events shall occur after 5:00 p.m. on days when the La Quinta High School has a scheduled home football game. The reference to the conditions above apply only to the La Quinta Park policies. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Facility Use Policies; or 2. Do not approve the Facility Use Policies; or 3. Provide staff with alternative direction. Res a fully su mitted, Dodie Horvitz, dom nity Services Director Approved for submission by: `o • homas P. Genovese, City Manager Attachments: 1. Proposed Facility Use Policies and Fees 2. Redline Version of Current Facility Use Policies and Fees 3. Facility Fee Chart 4. Community Association Application 201 r 9 ATTACHMENT 1 Facility Use Policies 1. APPLICATION FOR FACILITY USE 1. The Facility Use Application shall be made in writing on the form provided by the City of La Quinta, at least thirty (30) working days prior to use. 2. Events in which fifty (50) people or more will be in attendance must also apply for a Temporary Use permit through the Community Development Department, except events using the Senior Center only. 3. Applications will not be accepted more than six (6) months in advance of use, except for contiguous multi -day rentals. 4. All Facility Use Applications are subject to approval by the Community Services Director. 5. Reservations will be confirmed upon payment of all fees and copy of signed Facility Use Application. 6. Approved use is non-tranferrable. The person signing the Facility Use Permit is responsible for the conduct of all participants and is fully responsible for any damage caused by use. 7. The person signing the Facility Use Permit must be 21 or older. 8. Reserved times must include set up and clean up time. 9. All laws and City ordinances must be followed. 10. The City of La Quinta reserves the right to full access to all activities at any time in order to ensure that all rules, regulations, and laws are being observed, and if necessary may terminate an activity for the safety and welfare of City property. 11. Renters refusing to adhere to policies will be forced to leave the premise after one (1) verbal warning issued by staff to the signer of the Facility Use Permit. The signer of the Facility Use Permit must be on the premises during the hours of the event. 0 02 12. The City of La Quinta assumes no liability for any injury, damage, theft or loss of property belonging to others, before, during or after usage. 13. No animals except those used for disability assistance allowed in any City facility. 14. All teenage groups must be accompanied by responsible adult chaperones including the signer of the Facility Use Permit, with a ratio of two (2) adults for the first twenty (20) juveniles and one (1) adult for each group of twenty (20) juveniles or part thereof. Chaperones must stay with the group at all times. 2. PRIVATE PARTIES The following will apply for use of City facilities for private parties with inflatable amenities: 1. Private parties are limited to a maximum of four hours in duration. 2. Facilities available for private parties with inflatable amenities are limited to Fritz Burns Park and the Community Park. 3. Rental of inflatable amenities is limited to companies on the approved list by the City of La Quinta. The following will apply to for use of City facilities for private parties in outdoor settings: 1. Private parties are limited to a maximum of four hours in duration, which includes set-up and tear down. 2. All walkways and areas not specifically designated by the City of La Quinta as being included in the reserved areas will be open and available to the general public. 3. Use of the Civic Center Amphitheater and/or Gazebo requires rental of the La Quinta Senior Center for the same period, may be limited to restroom use only. 3. REASONS FOR DENYING APPLICATION The Community Services Director may deny an application for the following reasons: 1. Applicant's violation of the conditions of Facility Use permits (current or prior permit). 2.; 2. Applicant's violation of the City's rules and regulations relating to the use of facilities. 3. Failure to cooperate with City staff. 4. Previous incidents where Facility Use resulted in damage to City property. 5. The use proposed is not consistent with the recreational, civic, assembly or other purposes for which the particular facility has been approved. 4. RENTAL RATE CLASSIFICATIONS Rental rates of the City Parks and Recreation facilities are classified as Class I -IV along with the Fee Schedule for each classification. 5. SECURITY/CLEAN-UP DEPOSIT The Security/Cleaning Deposit is due with the Facility Use Application. The deposit will be refunded within five (5) working days after the event, except under the following conditions: 1. Upon arrival, renter will complete a walk-through with staff. Any damage or uncleanliness must be brought to staff's attention at this time. At the conclusion of the event, staff will walk through the facility with renter and document any damage or uncleanliness. The security deposit will be released upon written report by staff to City administration. 2. Damage to the facility while premises are under responsibility of user. Cost of repairs as determined by the Community Services Director will be retained by the City and deducted from the deposit. If cost of damages exceeds amount available from deposit, user shall remit balance of cost to City upon receipt of invoice. 3. Vehicles are not allowed to be driven on areas that are not specifically designated for vehicular traffic. Damage caused by this action will be deducted from the deposit. 6. LIABILITY All persons receiving a Facility Use Permit must agree in writing to hold the City of La Quinta harmless and indemnify City of La Quinta from any and all liability for injury to persons or property occurring as the result of the activity sponsored by the permittee, and said person shall be 2 L 12 liable to the City of La Quinta for any and all damages to parks, equipment, and buildings owned or controlled by City which result from the activity of the permittee or is caused by any participant in said activity. A person exercising any of the privileges authorized by this policy does so at his/her own risk without liability on the part of the City of La Quinta for any injury to persons or property resulting therefrom. All activities involving an inflatable amenity must provide the City of La Quinta with a Certificate of Insurance naming the City of La Quinta as additionally insured. Policy limit is $1,000,000 minimum of combined single limits. 7. PAYMENT OF FEES AND DEPOSITS All fees and deposits are considered due at the time the application is submitted. Cancellation of reservations will result in a loss of 50% of rental fee is the City is notified between 15-30 calendar days of reservation. Cancellation of reservations less than 15 calendar days of reservation will result in loss of 100% of rental fee. 8. USER CLEAN-UP RESPONSIBILITY The rental user of the facility shall be responsible for the following clean up upon completion of rental use: 1. Deposit all bottles, cans, cups, cigarettes and paper in proper receptacles and deposit trash in nearby dumpster area. 1. Mop up any liquid spilled on floor. 2. Leave kitchen or concession stand and all equipment in a clean, sanitary condition. 3. Remove any decorations (deposit in proper trash receptacle or remove from premises). 4. All groups are responsible for setting -up and taking -down chairs and tables, and for clean up of facility and the immediate area. 5. Equipment from City facilities is not allowed to be taken outdoors. 9. FOOD OR BEVERAGE 2r� 13 No food or beverage may be sold or served at any event unless specified on the Facility Use permit. Barbecuing is allowed in City provided barbecues only, except in the case of a City sponsored event and approved by the City Council. 10. ENDING TIME OF ALL EVENTS All events held in Parks and Recreation facilities must be completed by 10:00 p.m. Ballfield lights are not available after 10:00 p.m. Use of the Senior Center is limited to 1:00 a.m. 11. CLEARANCES, LICENSES AND CERTIFICATES Users may be required to secure any or all of the following clearances, licenses and/or certificates before the Facility Use Permit Application is approved. 1. Dance permit or business license (granted by the City of La Quinta Business License Division). 2. Police clearance (granted by the Riverside County Sheriff's Department) . 3. Special daily beer or liquor license (issued by the Alcoholic Beverage Control Office in San Bernardino, California). 4. Certificate or proof of insurance naming the City of La Quinta as additionally insured. 12. DECORATIONS The following requirements shall be met: 1. Decorations may not be fastened to light fixtures, tables, chairs, stage or other City property. 2. Only masking tape may be used. No scotch tape, thumb tacks, staples, etc. will be permitted. 3. Glitter, birdseed, rice or other like items are not allowed. 4. Only masking tape may be used. No scotch tape, thumb tacks, staples, etc. will be permitted. All decorations must be removed at the end of the event. 2 kj 6 5. No open flame, barbecues or other cooking devices will be 014 permitted in the facilities unless otherwise provided by the City. 13. PUBLICITY Publicity for any event held at any Parks and Recreation facility may not be released until final approval of the Facility Use Application. Signage will be in accordance with Chapter 9.60.170 of the La Quinta Municipal Code. 14. SMOKING Smoking is not permitted in any City building. 15. ALCOHOL AND/OR LIVE ENTERTAINMENT 1. Security guard service is required for events with live entertainment and/or alcohol being served. For groups of 100 or less, one (1) guard is required. For groups of 101 or more, two (2) guards are required. 2. Teen parties are required to have (2) guards for groups of 100 or less, and four (4) guards for groups of 101 or more. 3. Guard service will be arranged for by the Community Services Department once the fees have been paid by the renting party. 4. All permits must be presented to the Community Services Department two weeks prior to the event, or deposit will be forfeited. 5. Only events that have been granted a permit from the Alcoholic Beverage Control Board will be allowed to serve alcohol. 6. Alcohol is limited to beer, wine and champagne only. 7. Parties refusing to adhere to the alcohol policy will be shut down after one (1) verbal warning. 8. Parties serving alcohol must pay to have the facility professionally cleaned after the event. Fees will be paid at the time of application. ��w CITY OF LA QUINTA FACILITIES USE FEE SCHEDULE ITEM CLASS I CLASS II CLASS III CLASS IV ivic G nter Campus mhhit�ieter, a o, ove Oasis rai�fiead $50 per hour $75 per hour $100 per hour $150 per hour Renior Ce tt�r $20 per hour $25 per hour $30 per hour $30 per hour Nfu7tprurenterRoom $55 per hour $75 per hour $90 per hour $100 per hour Senior Center Kitchen $10 per hour %20 per hour $25 per hour $25 per hour Rtional Set Up and easing Fee $90/$150 $90/$150 $90/$150 $90/$150 Senior Center Deposit $300 $300 $300 $300 Rnior ge t�cohol) eanin $150 $150 $150 $150 Security Guards $18 per guard $ $18 per guard $18 per guard $18 per guard a o, pblt the Oasis �Irai eadle osit $100 $200 $200 $200 Tennis Court N/C $ 5.00 hr $ 5.00 hr $ 10.00 hr Fritz Burns or La Quinta Park for Inflatable Amenities $ 50.00 per 4 hours $ 50.00 per 4 hours $ 50.00 per 4 hours $ 50.00 per 4 hours Inflatable Amenity Park Cleaning Deposit $50.00 $50.00 $50.00 $50.00 *Baseball Diamond N/C $ 5.00 hr $15.00 hr $25 hr *Soccer Field N/C $ 5.00 hr $ 20 hr $ 30 hr Snack Bar N/C $ 10.00 hr $ 15.00 hr $ 20.00 hr Snack Bar Deposit $350.00 $350.00 $ 500 $ 500 *Field Lights N/C $ 15.00 hr $ 20 hr $ 25 hr Announcing system $ 5.00 flat $ 10.00 flat $ 15.00 flat $ 20.00 flat Diamond Preparation 0 /2 hour minimum) $ 24.00 hr $ 24.00 hr $ 24.00 hr $ 24.00 hr Bases $10.00 per day $10.00 per day $20.00 per day $40.00 per day Base Deposit $150.00 $150.00 $150.00 $150.00 Restrooms (Deposit) $100.00 $100.00 $100.00 $100.00 Sports Field Deposit $ 500 $ 500 1$500 $500 *Per field CLASSIFICATION OF GROUPS Class I: La Quinta youth (18 and under), 501(03 recreation organizations Class II: La Quinta non-profit organizations and community -based organizations, Desert Sands Unified School District (DSUSD Sports Complex Use Only) Class III: La Quinta residents and DSUSD (for all other facilities) Class IV: La Quinta business and profit organizations, non city residents, organizations, g y� businesses. 71 16 ATTACHMENT 2 Facility Use Policies 1. APPLICATION FOR FACILITY USE 1. The Facility Use Application shall be made in writing on the form provided by the City of La Quinta, at least fifteen working days prior to use. Events in which fifty (50) people or more will be in attendance must also apply for a Temporary Use permit through the 4 Community Development Department, s _ � � 4�115 3. Applications will not be accepted more than six (6) months in advance of use, except for contiguous multi -day rentals. 4. All Facility Use Applications are subject to approval by the Community Services Director. 5. Reservations will be confirmed upon payment of all fees and copy of signed Facility Use Application. 6. Approved use is non-tranferrable. The person signing the Facility Use Permit is responsible for the conduct of all participants and is fully responsible for any damage caused by use. 7. The person signing the Facility Use Permit must be 21 or older. 8. Reserved times must include set up and clean up time. 9. All laws and City ordinances must be followed. 10. The City of La Quinta reserves the right to full access to all activities at any time in order to ensure that all rules, regulations, and laws are being observed, and if necessary may terminate an activity for the safety and welfare of City property. 2 �' Adopted August 6, 2002 1 1 r� 11. Renters refusing to adhere to policies will be forced to leave the premise after one (1) verbal warning issued by staff to the signer of the Facility Use Permit. The signer of the Facility Use Permit must be on the premises during the hours of the event. 12. The City of La Quinta assumes no liability for any injury, damage, theft or loss of property belonging to others, before, during or after usage. 13. No animals except those used for disability assistance allowed in any City facility. 14. All teenage groups must be accompanied by responsible adult chaperones including the signer of the Facility Use Permit, with a ratio of two (2) adults for the first twenty (20) juveniles and one (1) adult for each group of twenty (20) juveniles or part thereof. Chaperones must stay with the group at all times. 2. PRIVATE PARTIES The following will apply for use of City facilities for private parties with inflatable amenities: 1. Private parties are limited to a maximum of four hours in duration. 2. Facilities available for private parties with inflatable amenities are limited to Fritz Burns Park and the Community Park. 3. The following will apply to for use of City facilities for private parties in outdoor settings: 1. Private parties are limited to a maximum of four hours in duration, which includes set-up and tear down. 2. All walkways and areas not specifically designated by the City of La Quinta as being included in the reserved areas will be open and available to the general public. 3. Use of the Civic Center Amphitheater and/or Gazebo requires rental of the La Quinta Senior Center for the same period, Adopted August 6, 2002 G, 18 REASONS FOR DENYING APPLICATION The Community Services Director may deny an application for the following reasons: 1. Applicant's violation of the conditions of Facility Use permits (current or prior permit). 2. Applicant's violation of the City's rules and regulations relating to the use of facilities. 3. Failure to cooperate with City staff. 4. Previous incidents where Facility Use resulted in damage to City property. 5. The use proposed is not consistent with the recreational, civic, assembly or other purposes for which the particular facility has been approved. . RENTAL RATE CLASSIFICATIONS Rental rates of the City Parks and Recreation facilities are classified as Class I -IV along with the Fee Schedule for each classification. 4: W SECURITY/CLEAN-UP DEPOSIT The Security/Cleaning Deposit is due with the Facility Use Application. The deposit will be refunded within five (5) working days after the event, except under the following conditions: 1. Upon arrival, renter will complete a walk-through with staff. Any damage or uncleanliness must be brought to staff's attention at this time. At the conclusion of the event, staff will walk through the facility with renter and document any damage or uncleanliness. The security deposit will be released upon 211 Adopted August 6, 2002 C,1J written report by staff to City administration. 2. Damage to the facility while premises are under responsibility of user. Cost of repairs as determined by the Community Services Director will be retained by the City and deducted from the deposit. If cost of damages exceeds amount available from deposit, user shall remit balance of cost to City upon receipt of invoice. 3. Vehicles are not allowed to be driven on areas that are not specifically designated for vehicular traffic. 6. LIABILITY All persons receiving a Facility Use Permit must agree in writing to hold the City of La Quinta harmless and indemnify City of La Quinta from any and all liability for injury to persons or property occurring as the result of the activity sponsored by the permittee, and said person shall be liable to the City 'of La Quinta for any and all damages to parks, equipment, and buildings owned or controlled by City which result from the activity of the permittee or is caused by any participant in said activity. A person exercising any of the privileges authorized by this policy does so at his/her own risk without liability on the part of the City of La Quinta for any injury to persons or property resulting therefrom. All activities involving an inflatable amenity must provide the City of La Quinta with a Certificate of Insurance naming the City of La Quinta as additionally insured. Policy limit is $1,000,000 minimum of combined single limits. 7. PAYMENT OF FEES AND DEPOSITS All fees and deposits are considered due at the time the application is submitted. Cancellation of reservations will result in a loss of 50% of rental fee is the City is notified between 15-30 calendar days of reservation. Cancellation of reservations less than 15 calendar days of reservation will result in loss of 100% of rental fee. 212 Adopted August 6, 2002 i, 20 8. USER CLEAN-UP RESPONSIBILITY The rental user of the facility shall be responsible for the following clean up upon completion of rental use: 1. Deposit all bottles, cans, cups, cigarettes and paper in proper receptacles and deposit trash in nearby dumpster area. 1. Mop up any liquid spilled on floor. 2. Leave kitchen or concession stand and all equipment in a clean, sanitary condition. 3. Remove any decorations (deposit in proper trash receptacle or remove from premises). 4. All groups are responsible for setting -up and taking -down chairs and tables, and for clean up of facility and the immediate area. 5. Equipment from City facilities is not allowed to be taken outdoors. 9. FOOD OR BEVERAGE No food or beverage may be sold or served at any event unless specified on the Facility Use permit. Barbecuing is allowed in City provided barbecues only, except in the case of a City sponsored event and approved by the City Council. 10. ENDING TIME OF ALL EVENTS All events held in Parks and Recreation facilities must be completed by 10:00 p.m. Ballfield lights are not available after 10:00 p.m. Use of the Senior Center is limited to 1:00 a.m. 11. CLEARANCES, LICENSES AND CERTIFICATES Users may be required to secure any or all of the following clearances, licenses and/or certificates before the Facility Use Permit Application is approved. 1. Dance permit or business license (granted by the City of La Quinta Business License Division). 2. Police clearance (granted by the Riverside County Sheriff's 213 Adopted August 6, 2002 - 2 'j Department) . 3. Special daily beer or liquor license (issued by the Alcoholic Beverage. Control Office in San Bernardino, California). 4. Certificate or proof of insurance naming the City of La Quinta as additionally insured.. 12. DECORATIONS The following requirements shall be met: 1. Decorations may not be fastened to light fixtures, tables, chairs, stage or other City property. 2. Only masking tape may be used. No scotch tape, thumb tacks, staples, etc. will be permitted. 3. Glitter, birdseed, rice or other like items are not allowed. 4. Only masking tape may be used. No scotch tape, thumb tacks, staples, etc. will be permitted. All decorations must be removed at the end of the event. 5. No open flame, barbecues or other cooking devices will be permitted in the facilities unless otherwise provided by the City. 13. PUBLICITY Publicity for any event held at any Parks and Recreation facility may not be released until final approval of the Facility Use Application. Signage will be in accordance with Chapter 9.60.170 of the La Quinta Municipal Code. 14. SMOKING Smoking is not permitted in any City building. 15. ALCOHOL AND/OR LIVE ENTERTAINMENT 1. Security guard service is required for events with live entertainment and/or alcohol being served. For groups of 100 or less, one (1) guard is required. For groups of 101 or more, two (2) guards are required. Adopted August 6, 2002 '- 22 2. Teen parties are required to have (2) guards for groups of 100 or less, and four (4) guards for groups of 101 or more. 3. Guard service will be arranged for by the Community Services Department once the fees have been paid by the renting party. 4. All permits must be presented to the Community Services Department two weeks prior to the event, or deposit will be forfeited. 5. Only events that have been granted a permit from the Alcoholic Beverage Control Board will be allowed to serve alcohol. 6. Alcohol is limited to beer, wine and champagne only. 7. Parties refusing to adhere to the alcohol policy will be shut down after one (1) verbal warning. Adopted August 6, 2002 2 3 CITY OF LA QUINTA ATTACHMENT 3 PARKS AND FACILITIES USE FEE SCHEDULE ITEM CLASS I CLASS II CLASS III CLASS IV is Ct�ntteCampus N 0. A fix ,. $50 per hour $75 per hour $100 per hour $150 per hour gg�� NfugtprureoserRoom $55 per hour $75 per hour $90 per hour $100 per hour Senior Center Kitchen $10 per hour %20 per hour $25 per hour $25 per hour g 1 ll*end MAI" $ "°:#Old 60 Q Senior Center Deposit $300 $300 $300 $300 Security Guards $18 per guard $ $18 per guard $18 per guard $18 per guard mfbit ter a o; .osi $100 $ 200 $ 200 $ 200 Tennis Court N/C $ 5.00 hr $ 5.00 hr $ 10.00 hr Fritz Burns or La Quinta Park for Inflatable Amenities $ 50.00 per 4 hours $ 50.00 per 4 hours $ 50.00 per 4 hours $ 50.00 per 4 hours Inflatable Amenity Park Cleaning Deposit $ 50.00 $ 50.00 $ 50.00 $ 50.00 *Baseball Diamond N/C $ 5.00 hr $ 10.00 hr '.Who $FAO-hF *Soccer Field N/C $ 5.00 hr $ 10.00 hF $ 20.00 hF Snack Bar N/C $ 10.00 hr $ 15.00 hr $ 20.00 hr Snack Bar Deposit $350.00 $350.00 $350.00 $350.00 *Field Lights N/C $ 15.00 hr 15.00 hf 15.00 hF Announcing system $ 5.00 flat $ 10.00 flat $ 15.00 flat $ 20.00 flat Diamond Preparation (1 /2 hour minimum) $ 24.00 hr $ 24.00 hr $ 24.00 hr $ 24.00 hr Bases $10.00 per day $10.00 per day $20.00 per day $40.00 per day Base Deposit $150.00 $150.00 $150.00 $150.00 Restrooms (Deposit) $100.00 $100.00 $100.00 $100.00 216 Adopted August 6, 2002 !` 2 4 Sports Field Deposit CLASSIFICATION OF GROUPS Class |: Le Ou\ntmyouth (18end under), 501(o)3 recreation organizations C|ammU: La Quinta non-profit organizations and community -based organizations, Desert Sands Unified School DSUGO Sports Complex Use Only) Class U|: Le Quinte residents Class |V: LaOuinto business and profit organizations, non city residents, organizations, businesses. Adopted August 6, 2002 CLASSIFICATION OF GROUPS Class |: Le Ou\ntmyouth (18end under), 501(o)3 recreation organizations C|ammU: La Quinta non-profit organizations and community -based organizations, Desert Sands Unified School DSUGO Sports Complex Use Only) Class U|: Le Quinte residents Class |V: LaOuinto business and profit organizations, non city residents, organizations, businesses. Adopted August 6, 2002 ATTACHMENT 4 CITY OF LA QUINTA APPLICATION FOR COMMUNITY ASSOCITION APPLICATION FISCAL YEAR 03-04 Name of Organization: Contact Person:_ Mailing Address:_ __ Citv: Phone No.: 501(c)3 Taxpayer I.D. Number: Date Submitted: State: Zip Code: Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 213 G�6 COMMUNITY ASSOCIATION APPLICATION (Must be typ d) overall purpose or goal of you r organization? 1. What is the p p 9 Y 2. How long has your organization been in existence? Years Months 3. Describe in general the activities or services of your organization: 4. How many people does your organization currently serve? No. of Youth No. of Adults No. of Seniors 5. How many people do you intend to serve during this Fiscal Year? No. of Youth No. of Adults No. of Seniors 6. How many people served this Fiscal Year will be La Quinta residents? No. of Youth No. of Adults No. of Seniors 7. How many paid employees/volunteers does your organization employ? Full time employees • Part time employees Volunteers 8: Describe how your organization is managed and governed. 219 u27 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phr%na RAF r 10. What is your annual schedule of events, and during what months does your organization operate? 11. Do you charge admission, membership fee, dues, etc.? Yes No If yes, please describe: 12. What are your other sources of revenue for this funding year? Source Amount Total Needed $ Total Received $ Balance $ 220 (28 13. Please provide the name and address of the bank in which the or "AFT s funds are kept: 14. Please provide the name and title of those individuals authorized to sign on the organization's account (must provide at least two individuals): Name: Title: 15. Please provide, as an attachment, copies of the last three months bank statements as well as the last year's December bank statement of the organization's checking and savings account. 16. Need Statement. Clearly and plainly state the specific, detailed reason or need for the requested facilities and how these facilities will be used. 17. Goal Statement. Indicate who will benefit from the use of these facilities, and how they will benefit. 2W P29 18. Attach a copy of your Program Operating Budget for the current year. 19. Non-profit organizations must attach a copy of the organization's current IRS Form 990. 222 30 COUNCIL/RDA MEETING DATE: August 19, 2003 ITEM TITLE: Consideration of Resolutions: 1) Certifying an Addendum to the Previously Certified Initial Study/Mitigated Negative Declaration for the Jefferson Street Improvements Pursuant to the California Environmental Quality Act; and 2) Approving Purchase and Sale Agreements Between the City of La Quinta and a) Charles and Alice. Zilinsky (APN 649-090-007); b) David A. & Carol A. Elrod (APN 649-071-014); c) William Hall (APN 649-090-005) for Vacant Parcels Located on the East Side of Jefferson Street, South of Westward Ho Drive; and d) Sandy Seeley for the Property Located at 46305 Jefferson Street RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt Resolutions: 1) certifying an Addendum to the previously certified Initial Study/Mitigated Negative Declaration for the Jefferson Street Improvements pursuant to the California Environmental Quality Act; and 2) approving Purchase and Sale Agreements between the City of La Quinta and a) Charles and Alice Zilinsky (APN 649- 090-007); b) David A. & Carol A. Elrod (APN 649-071-014); c) William Hall (APN 649- 090-005) for vacant parcels located on Jefferson Street, south of Westward Ho Drive; and d) Sandy Seeley for the property located at 46305 Jefferson Street. FISCAL IMPLICATIONS: The proposed Jefferson Street Phase II Improvements are funded in accordance with Amendment Number Three of the City of La Quinta, City of Indio, County of Riverside, and Coachella Valley Association of Governments (CVAG) Reimbursement Agreement and Memorandum of Understanding (MOU) executed on March 12, 2002. The overall project costs for the Phase II improvements are estimated at $16,700,00.00. CVAG has agreed to pay 75% of these costs. The remaining 25% will be paid by the jurisdiction in which the improvements are constructed. 223 S:\CityMgr\STAFF REPORTS ONLY\8-19-03\BS4.doc The City of La Quinta's funding contribution (25 % of the project costs within its jurisdiction) is estimated at $2,797,250. Of this amount, the City has been provided a credit in the amount of $963,000.00 from State Transportation Improvement Program funding obtained by the City to offset the costs of the newly included bridge across the Whitewater River and has also been provided a credit in the amount of $1,647,184.00 as a repayment for the Regional share, advanced by the City for the Washington Street Improvements. The City of La Quinta shall be responsible to repay any balance of its portion of the proposed improvements minus its credit in the amount of $2,610,184.00. Considering the City's estimated costs are $2,797,250, the City's out-of-pocket share will be approximately $186,466.00. However, the City's actual contribution will be calculated based on the project's final costs. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Jefferson Street Improvement project was previously evaluated in the Initial Study/Mitigated Negative Declaration, certified by the City of La Quinta on May 18, 1999, State Clearinghouse Number 99031046 (1999 IS/MND). The 1999 IS/MND addressed roadway improvements along approximately 6.2 miles of Jefferson Street from Avenue 54 to Indio Boulevard, within the corporate limits of the cities of La Quinta, Indio, and a portion of unincorporated Riverside County. The 1999 IS/MND has been used by the City of La Quinta, the City of Indio, and Riverside County with respect to each respective entity's activities in connection with the project. Overall improvements that were addressed included the addition of two to four through travel lanes in each direction of travel (to provide a maximum six -lane facility) and the construction of raised medians. Between Highway 1 1 1 and Westward Ho Drive the 1999 IS/MND considered a four -lane facility, noise attenuation (sound walls) for the existing residents, and expansion of the existing low-water crossing of the Whitewater River. Since certification of the 1999 IS/MND, the project has gone through a series of meetings and design review sessions resulting in the City proposing a modified project that would include a high-water bridge crossing of the Whitewater River to replace the previously approved box -culvert. The bridge would allow Jefferson Street between Highway 111 and Westward Ho Drive to be widened to its ultimate planned cross- section (1201 to accommodate six travel lanes (three lanes in each direction of travel). This would require acquiring seventeen (17) residential properties and six (6) vacant lots along this portion of Jefferson Street. As such, the proposed modifications to the S:\CityMgr\STAFF REPORTS ONLY\8-19-03\BS4.doc I �4 2 1999 IS/MND for the Jefferson Street Improvement Project now require further environmental evaluation. Project Description During the required 30-day public review/hearing process that took place before certification of the 1999 IS/MND, concerns were raised on the impacts upon residences fronting Jefferson Street. Primary concerns of residents included high noise levels caused by the roadway widening, traffic safety issues from vehicles accessing Jefferson Street from residential driveways by backing in and out onto the street, steep driveways requiring three-point turns, and limited turnaround space within driveway areas to access Jefferson Street. At this time, the project proposed to be modified to include the City purchasing homes and relocating affected residents fronting Jefferson Street, thereby eliminating the above -mentioned impacts. These changes also include constructing a multiple -span all weather bridge to replace the proposed six -lane all-weather low-water crossing of the Whitewater River, which will provide additional flood protection and new opportunities for wildlife movement and habitat access. Minor changes in design include modifying and extending the center median, which will restrict left turns from Fiesta Drive onto northbound Jefferson Street and similarly modifying the center median restricting left turns from Palm Circle onto southbound Jefferson Street. Environmental Assessment The Jefferson Street Improvements Phase II project modifications are subject to environmental review under the provisions of the California Environmental Quality Act (CEQA). On March 18, 2003, City Council identified a center alignment requiring right-of-way from both sides of the street as the locally preferred alignment for purposes of completing the environmental update An Addendum to the approved 1999 IS/MND has been prepared for the Phase II Improvements for consideration by the City Council. Copies of the 1999 IS/MND and the Addendum have been distributed to the City Council members under separate cover. Applicable measures contained in the 1999 Final IS/MND have been incorporated into the modified project. The proposed project will not have significant impacts on housing and population because state law requires that residential property owners be paid fair market value for their property and that displaced persons be provided relocation assistance (a related City Council item on the current agenda addresses relocation assistance for displaced property owners). The modified project will not have significant aesthetic impacts. Design features incorporated into the modified project will negate any impacts relating to the loss of vegetation and acquisition of vacant land. 225 S:\CityMgr\STAFF REPORTS ONLY\8-19-03\BS4.doc 3 Proposed Agreements If the City Council adopts the proposed Resolution certifying the addendum to the 1999 IS/MND, staff recommends that they approve Purchase and Sale Agreements with the following persons and at the identified purchase prices: a) Charles and Alice Zilinsky for the vacant parcel identified as APN 649-090-007, for the purchase price of $72,000; b) David A. & Carol A. Elrod for the vacant parcel identified as APN 649- 071-014 for the purchase price of $72,000; c) William Hall for the vacant parcel identified as APN 649-090-005 for the purchase price of $75,000; and d) Sandy Seeley for the single family home located at 46305 Jefferson Street for the purchase price of $204,000. 'Ms. Seeley will also be eligible for relocation benefits when she moves to a new residence, which is estimated to occur in approximately 90 days. Prior to that date, the City's relocation consultants will complete the Relocation Plan. The proposed Purchase and Sale Agreements are attached hereto as Attachments 1 through 4. The Purchase and Sale Agreements were entered into in response to -offer letters which were sent out to the property owners on July 29, 2003. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution certifying an Addendum to the previously certified Initial Study/Mitigated Negative Declaration for the Jefferson Street Improvements pursuant to the California Environmental Quality Act; and Adopt a Resolution approving Purchase and Sale Agreements between the City of La Quinta and a) Charles and Alice Zilinsky (APN 649-090-007); b) David A. & Carol A. Elrod (APN 649-071-014); c) William Hall (APN 649-090-005) for vacant parcels located on of Jefferson Street, south of Westward Ho Drive; and d) Sandy Seeley for the property located at 46305 Jefferson Street; or 2. Do not adopt a Resolution certifying an Addendum to the previously certified Initial Study/Mitigated Negative Declaration for the Jefferson Street Improvements pursuant to the California Environmental Quality Act; and Do not adopt a Resolution approving Purchase and Sale Agreements between the City of La Quinta and a) Charles and Alice Zilinsky (APN 649-090-007); b) David A. & Carol A. Elrod (APN 649-071-014); c) William Hall (APN 649-090- 005) for vacant parcels located on Jefferson Street, south of Westward Ho Drive; and d) Sandy Seeley for the property located at 46305 Jefferson Street; or S:\CityMgr\STAFF REPORTS ONLY\8-19-03\BS4.doc 4 226 3. Provide staff with alternative direction. Respectfully submitted, imothy R. J sson, .E. Public Works Director City Engineer Approved for submission by: je Thomas P. Genovese, City Manager Attachments: 1. Zilinsky Purchase & Sale Agreement 2. Elrod Purchase & Sale Agreement 3. Hall Purchase & Sale Agreement 4. Seeley Purchase & Sale Agreement 5. Vicinity Map S: Cit M r\STAFF REPORTS ONLY\8-19-03\BS4.doc 5 / \ Y 9 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA CERTIFYING AN ADDENDUM TO INITIAL STUDY/NEGATIVE DECLARATION FOR THE JEFFERSON STREET IMPROVEMENTS WHEREAS, on May 18, 1999, the City Council of the City of La Quinta certified Initial Study/Mitigated Negative Declaration State Clearinghouse Number 99031046 ("1999 IS/MND") for the Jefferson Street Improvements (the "Project"); and WHEREAS, the 1999 IS/MND was prepared, pursuant to the California Environmental Quality Act (CEQA), in order to address roadway improvements along approximately 6.2 miles of Jefferson Street, from Avenue 54 to Indio Boulevard, within the corporate limits of the Cities of La Quinta, Indio and a portion of unincorporated Riverside County; and WHEREAS, the portion of the Project south of Highway 111 has now been completed; WHEREAS, overall improvements addressed that were addressed in the 1999 IS/MND included the addition of 2 to 4 through travel lanes in each direction of travel and the construction of raised medians; and WHEREAS, between Highway 111 and Westward Ho Drive, the 1999 IS/MND considered a four -lane facility, noise attenuation for the existing residents and expansion of the existing low-water crossing of the Whitewater River; and WHEREAS, since the certification of the 1999 IS/MND, the Project has gone through a series of design review sessions, and the City is proposing a modification to the Project that would include a high-water bridge crossing of the Whitewater River to replace the previously approved box -culvert, which would allow Jefferson Street, between Highway 111 and Westward Ho Drive, to be widened to its ultimate planned cross-section (120'), to accommodate six travel lanes (three lanes in each direction); and WHEREAS, this modification to the Project would require the acquisition of 17 residential properties and 6 vacant lots along this portion of Jefferson Street; and WHEREAS, RBF Consulting has prepared an Addendum to the 1,999 IS/MND to assess the proposed modifications to the Project and to determine whether, pursuant to CEQA Guideline 15162, a further environmental study was necessary; and 119/015610-0008 422351.01 a08/15/03 N. 098 w Y� Resolution No. 2003 Addendum to Initial Study/Negative Declaration Adopted: August 19, 2003 Page 2 WHEREAS, the Addendum was made available for public review and comment and notification regarding the Addendum was sent to all affected property owners and residences on August 8, 2003, and the notice regarding the Addendum was further published in the Desert Sun on August 11, 2003; WHEREAS, since the time that the 1999 IS/MND was certified, there have been no changes with respect to the circumstances under which the Project is to be undertaken, and no new information of substantial importance regarding significant effects or mitigation measures or alternatives has become available which would require important revisions to the previous mitigated negative declaration; and WHEREAS, based upon its analysis of the concept design plans, the Project's relationship to the current surrounding environment, the approved final environmental document and impacts identified therein, the Addendum concludes that the proposed project modifications do not result in any significant impacts, and there are no new circumstances, or new information relevant to the Project that would result in substantial environmental impacts not identified in the previously approved 1999 IS/MND; and WHEREAS, no further environmental review for the acquisition and construction of the roadway improvements is necessary; and WHEREAS, there is no evidence before the City that the proposed modifications to the Project will have the potential for and adverse effect on wildlife resources or the habitat on which the wildlife depends; and WHEREAS, the Project, as modified, will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, to cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare, endangered or threatened species. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The above recitals are incorporated as true and correct and are hereby adopted as the findings by the City Council. Section 2. The City Council hereby finds that the circumstances which would require additional environmental review outlined in CEQA Guideline 15162 are not present. 223 119/015610-0008 422351.01 a08/15/03 7 Resolution No. 2003- Addendum to Initial Study/Negative Declaration Adopted: August 19, 2003 Page 3 Section 3. The City Council has read and considered the 1999 IS/MND and the Addendum and has concluded that the documents reflect the independent judgment of the City. Section 4. The City Council hereby finds that the Addendum to the Initial Study/Negative Declaration for the Jefferson Street Improvements, a copy of which is attached hereto and incorporated by this reference, was prepared pursuant to CEQA Guideline 15164 and is approved and certified. Section 5. The City has, on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 Cal. Code of Regs., § 753.5(d). PASSED, APPROVED AND ADOPTED this 19th day of August, 2003 by the following vote: AYES: NOES: ABSENT: ABSTAIN: STANLEY SNIFF, Mayor Pro Tern 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 119/015610-0008 422351.01 a08/15/03 230 C� RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING PURCHASE AND SALE AGREEMENTS BETWEEN THE CITY OF LA QUINTA AND (A) CHARLES AND ALICE ZILINSKY; (B) SANDY SEELEY; (C) WILLIAM HALL; AND (D) DAVID AND CAROL ELROD FOR CERTAIN PROPERTY LOCATED ALONG JEFFERSON STREET WHEREAS, on August 19, 2003, the City Council of the City of La Quinta certified an Addendum to the Initial Study/Mitigated Negative Declaration State Clearinghouse Number 99031046 (" 1999 IS/MND") for the Jefferson Street Improvements (the "Project"); and WHEREAS, the. City Council has reviewed and considered the Addendum and the 1999 IS/MND; and WHEREAS, consistent with its 2002 General Plan, the City desires to undertake the widening of Jefferson .Street north of Highway 1 1 1 and south of Westward Ho Drive; and WHEREAS, the City has issued offer letters to property owners along Jefferson for the purpose of acquiring the right-of-way necessary for the desired street widening; and WHEREAS, the Planning Commission of the City of La Quinta determined, pursuant to Government Code Section 65402, that the acquisition of the properties at issue would be consistent with the General Plan; and WHEREAS, the owners of two of the properties have agreed to sell their properties to the City as follows: (1) Charles and Alice Zilinksy have agreed to a purchase price of $72,000 for the vacant parcel located on the east side of Jefferson Street, south of Westward Ho Drive (APN 649-090-007); and (2) Sandy Seeley has agreed to a purchase price of $204,000 for her property, located at 46305 Jefferson Street, La Quinta, in addition to the relocation assistance she is entitled to by law; (3) William Hall has agreed to a purchase price of $74,000 for his property on the east side of Jefferson Street, south of Westward Ho Drive (APN 649-090-005); and (4) David and Carol Elrod have agreed to a purchase price of $72,000 for their property on the west side of Jefferson Street, north of the wash (APN 649-071-014); and 231 119/015610-0008 9 422399.01 a08/15/03 Resolution No. 2003- Purchase and Sale Agreements with Zilinsky, Seeley, Hall and Elrod Adopted: August 19, 2003 Page 2 WHEREAS, in order to facilitate the acquisition of the four above - referenced properties, the City desires to enter into a Purchase and Sale Agreement with each property owner. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The above recitals are incorporated as true and correct and are hereby adopted as the findings by the City Council. Section 2. The City Council has reviewed and considered both the 1999 IS/MND and the Addendum thereto. Section 3. The City Council authorizes the City Manager to execute a Purchase and Sale Agreement and Escrow Instructions with Charles and Alice Zilinsky, and to execute any additional documentation necessary to complete the acquisition, including the grant deed and the acceptance thereof. Section 4. The City Council authorizes the City Manager to execute a Purchase and Sale Agreement and Escrow Instructions with Sandy Seeley, and to execute any additional documentation necessary to complete the acquisition, including the grant deed and the acceptance thereof. Section 5. The City Council authorizes the City Manager to execute a Purchase and Sale Agreement and Escrow Instructions with William Hall, and to execute any additional documentation necessary to complete the acquisition, including the grant deed and the acceptance thereof. Section 6. The City Council authorizes the City Manager to execute a Purchase and Sale Agreement and Escrow Instructions with David and Carol Elrod, and to execute any additional documentation necessary to complete the acquisition, including the grant deed and the acceptance thereof. PASSED, APPROVED AND ADOPTED this 19" day of August, 2003 by the following vote: AYES: NOES: ABSENT: ABSTAIN: 0"32 119/015610-0008 10 422399.01 a08/15/03 Resolution No. 2003- Purchase and Sale Agreements with Zilinsky, Seeley, Hall and Elrod Adopted: August 19, 2003 Page 3 STANLEY SNIFF, Mayor Pro Tern 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 3 �3 119/015610-0008 1 1 422399.01 a08/15/03 ATTACHMENT 1 AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS BY AND BETWEEN CHARLES J. ZILINSKY AND ALICE S. ZILINSKY, AS JOINT TENANTS (COLLECTIVELY, "SELLER") AND CITY OF LA QUINTA ("BUYER") 1066/015610-0008 422247.04 a08/13/03 � 4 3 12 TABLE OF CONTENTS Page 1. PURCHASE PRICE.........................................................................................................1 1.1 Amount.................................................................................................................1 1.2 Payment of Purchase Price....................................................................................1 2. ESCROW..........................................................................................................................1 2.1 Opening of Escrow................................................................................................ i 2.2 Escrow Instructions...............................................................................................1 3. TITLE MATTERS............................................................................................................1 4. CLOSE OF ESCROW......................................................................................................1 4.1 Close of Escrow; Closing Date.............................................................................1 4.2 Recordation; Release of Funds and Documents...................................................1 5. DELIVERY OF DOCUMENTS REQUIRED FROM BUYER AND SELLER.............1 5.1 Buyer's Obligations..............................................................................................1 5.2 Seller's Obligations...............................................................................................1 6. TITLE INSURANCE POLICY........................................................................................1 6.1 Title Policy............................................................................................................1 6.2 Payment for Title Policy.......................................................................................1 7. REAL PROPERTY TAXES.............................................................................................1 8. CONDITIONS PRECEDENT TO CLOSING.................................................................1 8.1 Conditions Precedent to Buyer's Obligations.......................................................1 8.2 Conditions Precedent to Seller's Obligations.......................................................1 9. POSSESSION..................................................................................................................1 10. ALLOCATION OF COSTS.............................................................................................1 10.1 Buyer's Costs........................................................................................................1 10.2 Seller's Costs........................................................................................................1 11. CONDEMNATION..........................................................................................................1 12. HAZARDOUS MATERIALS.........................................................................................1 13. COVENANTS OF SELLER.............................................................................................1 14. MISCELLANEOUS.........................................................................................................1 14.1 Assignment...........................................................................................................1 14.2 Attorney's Fees.....................................................................................................1 14.3 Notices..................................................................................................................1 14.4 Fair Meaning.......................................................................... ..............................1 14.5 Headings...............................................................................................................1 14.6 .Choice of Laws; Litigation Matters......................................................................1 1066/015610-0008 422247.04 a08/13/03 -i- 2'3 5 13 TABLE OF CONTENTS Page 14.7 Nonliability of Buyer Officials.............................................................................1 14.8 Gender; Number....................................................................................................1 14.9 Survival.................................................................................................................1 14.10 Time of Essence....................................................................................................1 14.11 Waiver or Modification.........................................................................................1 14.12 Broker's Fees........................................................................................................1 14.13 Duplicate Originals...............................................................................................1 14.14 Severability........................................................................................................ l 14.15 Exhibits.................................................................................................................1 14.16 Authority...............................................................................................................1 14.17 Entire Agreement; Amendment............................................................................1 EXHIBITS Exhibit A Legal Description of Property Exhibit B Form of Grant Deed Exhibit C Form of Affidavit of Non -Foreign Entity 236 1066/015610-0008 422247.04 a08/13/03 -11- &I AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS THIS AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS ("Agreement") is made and entered into as of August _, 2003 ("Effective Date") by and between CHARLES J. ZILINSKY AND ALICE S. MINSKY, AS JOINT TENANTS (collectively, "Seller"), and the CITY OF LA QUINTA, a California municipal corporation ("Buyer"). RECITALS: A. Seller is the owner of that certain real property located in the City of La Quinta, County of Riverside, State of California, more particularly described in the legal description attached hereto as Exhibit "A" (the "Property"). B. Buyer desires to purchase the Property from Seller, and Seller desires to sell the Property to Buyer, on the terms and conditions set forth herein. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing recitals and mutual covenants herein contained, the parties hereto agree as follows: 1. PURCHASE PRICE. 1.1 Amount. Subject to the terms of this Agreement, Buyer hereby agrees to purchase the Property from Seller and Seller agrees to sell the Property to Buyer, for the purchase price of SEVENTY TWO THOUSAND DOLLARS ($72,000.00) ("Purchase Price"). 1.2 Payment of Purchase Price. On or before 5:00 p.m. on the business day preceding the "Closing Date" (as that term is defined in Section 4.1) or such earlier time as required by "Escrow Holder" in order to close "Escrow" (as those terms are defined in Section 2.1) on the Closing Date, Buyer shall deposit with Escrow Holder the Purchase Price. 2. ESCROW 2.1 Opening_ of Escrow. Closing of the sale of the Property shall take place through an escrow ("Escrow") to be established within three (3) business days after the execution of this Agreement by the parties hereto, with Chicago Title ("Escrow Holder") at its office located at 72980 Fred Waring Drive, Suite B, Palm Desert, California, 92260. The opening of the Escrow (the "Opening of Escrow") shall be deemed to be the date that a fully executed copy of this Agreement is delivered to the Escrow Holder. Escrow Holder is instructed to notify Buyer and Seller in writing of the date of the Opening of Escrow. 1066/015610-0008 _ _ 237 422247.04 a08/13/03 1 15 2.2 Escrow Instructions. This Agreement, once deposited in Escrow, shall constitute the joint escrow instructions of Buyer and Seller to Escrow Holder. Additionally, if Escrow Holder so requires, Buyer and Seller agree to execute the form of escrow instructions that Escrow Holder customarily requires in real property escrows administered by it. In the event of any conflict or inconsistency between Escrow Holder's standard instructions and the provisions of this Agreement, the provisions of this Agreement shall supersede and be controlling. 3. TITLE MATTERS. Buyer shall obtain a preliminary title report prepared by Chicago Title ("Title Company") describing the state of title of the Property together with copies of all underlying documents (collectively, the "Preliminary Title Report"). Buyer may, at its sole cost and expense, obtain a current survey of the Property (the "Survey"). Notwithstanding anything herein to the contrary, Seller shall be obligated to remove all monetary encumbrances against the Property excluding non -delinquent real property taxes (except as otherwise provided for in Section 7 below). Buyer shall notify Seller in writing of any objections Buyer may have to title exceptions contained in the Preliminary Title Report or matters shown on the Survey (if Buyer has obtained) no later than the date which is fifteen (15) days after the later of (i) its receipt of the Preliminary Title Report or (ii) its receipt of the Survey ("Buyer's Objection Notice"). Buyer's approval or disapproval of the matters set forth in the Preliminary Title Report (and the Survey, if applicable) may be granted or withheld in Buyer's sole and absolute discretion. Buyer's failure to provide Seller with a Buyer's Objection Notice within said period shall constitute Buyer's approval of all exceptions to title shown on the Preliminary Title Report and all matters shown on the Survey (if Buyer has obtained). Seller shall have a period of five (5) days after receipt of Buyer's Objection Notice in which to deliver written notice to Buyer ("Seller's Notice") of Seller's election to either (i) agree to remove the objectionable items on the Preliminary Title Report or Survey prior to the Close of Escrow, or (ii) decline to remove any such title exceptions or Survey matters and terminate Escrow and the obligations of Buyer and Seller to purchase and sell the Property under this Agreement. Seller's failure to provide Buyer with Seller's Notice within said period shall constitute Seller's election to remove the objectionable items on the Preliminary Title Report. If Seller notifies Buyer of its election to terminate rather than remove the objectionable items on the Preliminary Title Report or Survey, Buyer shall have the right, by written notice delivered to Seller within five (5) days after Buyer's receipt of Seller's Notice, to agree to accept the Property subject to the objectionable items, in which event Seller's election to terminate shall be of no effect, and Buyer shall take title at the Close of Escrow subject to such objectionable items without any adjustment to or credit against the Purchase Price. All exceptions to title shown on the Preliminary Title Report, other than those which Seller may agree to remove pursuant to this Section 3, shall be deemed to have been approved by Buyer unless Seller is notified otherwise in writing. Upon the issuance of any amendment or supplement to the Preliminary Title Report which adds additional exceptions, including any survey exceptions, the foregoing right of review and approval shall also apply to said amendment or supplement. The process set forth above for Buyer's review and Seller's response shall apply to any review and response with respect to any amendment or supplement to the Preliminary Title Report, and the Closing shall be extended for such period as is necessary -to allow for that review and response process to be completed. 1066/015610-0008 422247.04 a08/13/03 -2- W 4. CLOSE OF ESCROW. 4.1 Close of Escrow; Closing Date. Provided that all of the conditions of this Agreement precedent to the "Close of Escrow" (as hereinafter defined) have been satisfied (or waived by the appropriate party) prior to or on the Closing Date, the Closing of this transaction for the sale and purchase of the Property shall take place on the date which is five (5) days after the date on which all of "Buyer's Conditions to Closing" and all of "Seller's Conditions to Closing" (as those terms are defined in Section 8) have been satisfied (or waived by the appropriate party) ("Closing Date"). The terms "Close of Escrow" and the "Closing" are used herein to mean the time Seller's grant deed conveying fee title to the Property to Buyer is recorded in the Official Records of the Office of the County Recorder of Riverside ("Official Records"). If Escrow is not in a condition to close by the Closing Date, either party not then in default hereunder may, upon five (5) days advance written notice to the other party and Escrow Holder, elect to terminate this Agreement and the Escrow. No such termination shall release either party then in default from liability for such default. If neither party so elects to terminate this Agreement and the Escrow, Escrow Holder shall close the Escrow as soon as possible. 4.2 Recordation; Release of Funds and Documents. 4.2.1 Escrow Holder is directed, on the Closing Date, to record in the Official Records, the following documents in the order listed: (i) the grant deed (in the form attached hereto as Exhibit `B") transferring title to the Property to Buyer ("Grant Deed"); and (ii) such other and further documents as may be directed jointly by Buyer and Seller. 4.2.2 Upon the Closing, Escrow Holder shall deliver (i) the Purchase Price, less any amount to pay property taxes allocable to Seller pursuant to Section 7, and (ii) conformed copies of all recorded documents to both Buyer and Seller. 5. DELIVERY OF DOCUMENTS REQUIRED FROM BUYER AND SELLER. 5.1 Buyer's Obligations. Buyer agrees that on or before 5:00 p.m. of the last business day immediately preceding the Closing Date, Buyer shall deposit or cause to be deposited with Escrow Holder the following: (a) the Purchase Price; and (b) any and all additional funds, instruments or other documents required from Buyer (executed and acknowledged where appropriate) as may be reasonably necessary in order for the Escrow Holder to comply with the terms of this Agreement. 5.2 Seller's Obligations. Seller agrees that on or before 5:00 p.m. of the last business day immediately preceding the Closing Date, Seller shall deposit or cause to be deposited with Escrow Holder each of the following: (a) the executed and acknowledged Grant Deed, subject only to the Permitted Exceptions (defined hereafter); 1066/015610-0008 � 3 9 422247.04 a08/13/03 17 (b) a Certificate of Non -Foreign Status (the "Non -Foreign Affidavit") executed and acknowledged by Seller in the form attached hereto as Exhibit "C"; and (c) all other funds, items, and instruments required from Seller (executed and acknowledged where appropriate) as may be reasonably necessary in order for Escrow Holder to comply with the provisions of this Agreement. 6. TITLE INSURANCE POLICY. 6.1 Title Policy. At the Closing Date, the Title Company, as insurer, shall issue a CLTA owner's standard coverage policy of title insurance ("Title Policy"), in favor of Buyer, as insured, with liability in the amount of the Purchase Price, subject to the following (the "Permitted Exceptions"): (a) non -delinquent real property taxes, subject to Seller's obligations to pay certain taxes pursuant to Section 7 below; (b) covenants, conditions, restrictions and reservations of record that do not interfere with the Buyer's proposed use of the Property, as determined in the sole and absolute discretion of Buyer; (c) easements or rights -of -way over the Property for public or quasi -public utility or public street purposes; (d) title exceptions approved or deemed approved by Buyer pursuant to Section 3 above; (e) any other exceptions approved by Buyer; and (f) the standard printed conditions and exceptions contained in the CLTA standard owner's policy of title insurance regularly issued by the Title Company. 6.2 Payment for Title Policy. Buyer shall be responsible for the charges for the Title Policy with coverage up to the amount of the Purchase Price. Buyer shall pay any additional coverage or endorsements it requests. Buyer may, at its election and expense, request an ALTA extended policy of title insurance. Buyer shall also pay for the Survey, if applicable. 7. REAL PROPERTY TAXES AND ASSESSMENTS. Upon Buyer's acquisition of fee title to the Property, the Property will be exempt from the payment of property taxes due to Buyer's status as a public agency. Seller shall be responsible for paying (through Escrow at Closing) all property taxes which are of record as of the Closing Date and/or have accrued against the Property prior to (and including) the Closing Date (notwithstanding whether such taxes are due and payable as of the Closing Date). Seller and Buyer hereby that Buyer will fund, through escrow, the payoff, at Closing, the amount outstanding under the City of La Quinta Assessment District 2000-1. Seller shall also be responsible for paying for all property taxes or other assessments (not including the City of La Quinta Assessment District 2000-1) assessed against the Property after the Closing for any period prior to the Closing. 1066/015610-0008 422247.04 a08/13/03 -4- 4,40 18 8. CONDITIONS PRECEDENT TO CLOSING. 8.1 Conditions Precedent to Buyer's Obligations. The obligations of Buyer under this Agreement to purchase the Property and close the Escrow shall be subject to the satisfaction or signed written waiver by Buyer of each and all of the following conditions precedent (collectively, "Buyer's Conditions to Closing"): (a) on the Closing Date, the Title Company shall be irrevocably committed to issue the Title Policy pursuant to Section 6 above insuring fee title to the Property as being vested in Buyer, subject only to the Permitted Exceptions; (b) Escrow Holder holds all instruments and funds required for the Closing and will deliver to Buyer the instruments and funds, if any, accruing to Buyer pursuant to this Agreement; (c) except as otherwise permitted by this Agreement, all representations and warranties by the Seller in this Agreement shall be true on and as of the Closing Date as though made at that time and all covenants of Seller pursuant to this Agreement shall have been fulfilled by the Closing Date; (d) Seller is not in material default of any term or condition of this Agreement; (e) thirty-five (35) days have expired from the date the Buyer files a notice of determination ("Notice of Determination") with the County Clerk of the County of Riverside ("County Clerk") approving and certifying an addendum (the "Addendum") to the Initial Study/Mitigation Negative Declaration for Jefferson Street Improvements originally certified by the City of La Quinta on May 18, 1999, State Clearinghouse Number 99031046, which such Notice of Determination shall be filed by Buyer with the County Clerk within a reasonable amount of time after execution of this Agreement by both parties; and (f) as of the Closing Date, no judicial or administrative challenges have been presented or filed against the findings made in the Addendum or against the Addendum itself. In the event that any of Buyer's Conditions to Closing are not satisfied, deemed satisfied, or waived in a writing signed by Buyer prior to the expiration of the applicable period for satisfaction or waiver, Buyer may terminate this Agreement. 8.2 Conditions Precedent to Seller's Obli atg _ ions. The obligations of Seller under this Agreement shall be subject to the satisfaction or signed written waiver by Seller of each and all of the following conditions precedent ("Seller's Conditions to Closing"): (a) Escrow Holder holds the Purchase Price and all other instruments and funds required for the Closing and will deliver to Seller the instruments and funds, including but not limited to the Purchase Price (less Seller's closing costs) accruing to Seller pursuant to this Agreement; 1066/015610-0008 - c - �? Q i 422247.04 a08/13/03 .1 r 1 19 (b) except as otherwise permitted by this Agreement, all representations and warranties by the Buyer in this Agreement shall be true on and as of the Closing Date as though made at that time and all covenants of Buyer pursuant to this Agreement shall have been fulfilled by the Closing Date; and (c) Buyer is not in material default of any term or condition of this Agreement. In the event that any of Seller's Conditions to Closing are not satisfied, deemed satisfied, or waived in a writing signed by Seller prior to the expiration of the applicable period for satisfaction or waiver, Seller may terminate this Agreement. 9. POSSESSION. Possession of the Property shall be delivered by Seller to Buyer on the Closing Date, subject only to the Permitted Exceptions. 10. ALLOCATION OF COSTS. 10.1 Buyer's Costs. Buyer shall pay all closing costs associated with this Agreement and the conveyance of the Property from Seller to Buyer, including any and all escrow and title fees, recording fees, documentary transfer tax, the premium for the Title Policy (plus any additional fee for ALTA extended coverage and/or title endorsements requested by Buyer), and Buyer's own attorney's fees in connection with this Agreement and the transactions contemplated hereby. 10.2 Seller's Costs. Seller shall pay Seller's own attorney's fees, if any, in connection with this Agreement and the transactions contemplated hereby. 11. CONDEMNATION. In the event that, prior to the Close of Escrow, any governmental entity shall commence any proceedings of or leading to eminent domain or similar type proceedings to take all or any portion of the Property, Buyer or Seller shall promptly meet and confer in good faith to evaluate the effect of such action on the purposes of this Agreement. 12. HAZARDOUS MATERIALS. To the best of Seller's knowledge, the Property has not at any time been used for the purposes of storing, manufacturing, releasing or dumping Hazardous Materials. For purposes of this Agreement, the term "Hazardous Materials" shall mean (1) hazardous wastes, hazardous materials, hazardous substances, hazardous constituents, toxic substances or related materials, whether solids, liquids or gases, including, but not limited to, substances deemed as "hazardous wastes," "hazardous materials," "hazardous substances," "toxic substances," "pollutants," "contaminants," "radioactive materials," or other similar designations in, or otherwise subject to regulation under, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended ("CERCLA"), 42 U.S.C. § 9601 et seq.; the Toxic Substance Control Act ("TSCA"), 15 U.S.C. § 2601 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 1802; the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 9601, et seq.; the Clean Water Act ("CWA"), 33 U.S.C. § 1251 et seq.; the Safe Drinking Water Act, 42 U.S.C. § 300 et seq.; the Clean Air Act ("CAA"), 42 U.S.C. § 7401 et seq.; the Hazardous Waste Control Law, California Health and Safety Code § 25025 et seq., the Carpenter -Presley -Tanner Hazardous Substance Account Act, California Health and Safety Code, Division 20, Chapter 6.8, the Hazardous Materials Release Response Plans and 1066/015610-0008 _ 24 0 422247.04 a08/13/03 -6 Inventory Act, California Health and Safety Code, Division 20, Chapter 6.95, The Underground Storage of Hazardous Substances Act, California Health and Safety Code, Division 20, Chapter 6.7, the Porter -Cologne Act, California Water Code § 13050 et seq. and in any permits, licenses, approvals, plans, rules, regulations or ordinances adopted, or other criteria and guidelines promulgated pursuant to the preceding laws or other similar federal, state or local laws, regulations, rules or ordinances now or hereafter in effect relating to environmental matters (collectively the "Environmental Laws"); and (ii) any other substances, constituents or wastes subject to any applicable federal, state or local law, regulation, ordinance or common law doctrine, including any Environmental Law, now or hereafter in effect, including, but not limited to, (A) petroleum, (B) refined petroleum products, (C) waste oil, (D) waste aviation or motor vehicle fuel, (E) asbestos, (F) lead in water, paint or elsewhere, (G) radon, (H) polychlorinated biphenyls (PCB's) and (I) ureaformaldehyde. Seller agrees to indemnify, defend and hold Buyer and its respective officers, officials, members, employees, agents or representatives harmless from any and all losses, liability, claims, causes of action, demands, damages, costs, fees and expenses (including, but not limited to, attorneys' fees, expert witness fees and costs) arising directly or indirectly from any Hazardous Materials which were placed on the Property by Seller or Seller's employees, agents and/or representatives during the time period that Seller owned fee title to and/or occupied the Property. 13. COVENANTS OF SELLER. Seller agrees that during the period between the Effective Date of this Agreement and the Closing Date: (a) Seller shall maintain the Property in not less than the state of repair as that existing on the Effective Date (excepting ordinary wear and tear and the demolition and removal required to be performed by Seller pursuant to this Agreement); (b) Seller shall not convey, grant, lease, assign, mortgage, hypothecate, encumber, or otherwise transfer (on or off record) the Property or any interest therein; (c) Prior to Closing, Seller shall maintain Seller's existing insurance, if any, on the Property; and (d) Prior to the Closing, Seller shall not alter the physical condition of the Property or introduce or release, or permit the introduction or release, of any Hazardous Materials in, from, under, or on the Property. 14. MISCELLANEOUS. 14.1 Assignment. This Agreement shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, personal representatives, successors and assigns. Neither party to this Agreement may assign this Agreement or any interest or right hereunder or under the Escrow without the prior written consent and approval of the other party, which consent and approval may be withheld in the sole and absolute discretion of either parry. No provision of this Agreement is intended nor shall in any way be construed to benefit any party not a signatory hereto or to create a third party beneficiary relationship. 1066/015610-0008 422247.04 a08/13/03 7 �� 21 14.2 Attorney's Fees. In the event of any action between Buyer and Seller seeking enforcement of any of the terms and conditions to this Agreement or the Escrow or otherwise in connection with the Property, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including without limitation its expert witness fees and reasonable attorney's fees. 14.3 Notices. All notices under this Agreement shall be effective upon personal delivery, via facsimile so long as the sender receives confirmation of successful transmission from the sending machine, or three (3) business days after deposit in the United States mail, registered, certified, postage fully prepaid and addressed to the respective parties as set forth below or as to such other address as the parties may from time to time designate in writing: To Seller: Mr. and Ms. Charles Zilinsky P.O. Box 1535 La Quinta, CA 92253 To Buyer: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Manager Facsimile No.: (760) 777-7101 Copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92628-1950 Attn: M. Katherine Jenson, Esq. Facsimile No.: (714) 546-9035 14.4 Fair Meaning. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. 14.5 Headings. The headings at the beginning of each numbered Section of this Agreement are solely for the convenience of the parties hereto and are not a part of this Agreement. 14.6 Choice of Laws; Litigation Matters. This Agreement shall be governed by the internal laws of the State of California and any question arising hereunder shall be construed or determined according to such law. The Municipal and Superior Courts of the State of California in and for the County of Riverside, or such other appropriate court in such county, shall have exclusive jurisdiction of any litigation between the parties concerning this Agreement. Service of process on Buyer shall be made in accordance with California law. Service of process on Seller shall be made in any manner permitted by California law and shall be effective whether served inside or outside California. 14.7 Nonliabilitv of Buyer Officials. No officer, official, member, employee, agent, or representatives of Buyer shall be liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon shall be personally enforced against any such officer, official, member, employee, agent, or representative. 1066/015610-0008 -8- j 422247.04 a08/13/03 22 14.8 Gender: Number. As used in this Agreement, masculine, feminine, and neuter gender and the singular or plural number shall be deemed to include the others wherever and whenever the context so dictates. 14.9 Survival. This Agreement and all covenants to be performed after the Closing, and, except as otherwise set forth herein, all representations and warranties contained herein, shall survive the Closing Date and shall remain a binding contract between the parties hereto. 14.10 Time of Essence. Time is of the essence of this Agreement and of each and every term and provision hereof, it being understood that the parties hereto have specifically negotiated the dates for the completion of each obligation herein. 14.11 Waiver or Modification. A waiver of a provision hereof, or modification of any provision herein contained, shall be effective only if said waiver or modification is in writing, and signed by both Buyer and Seller. No waiver of any breach or default by any party hereto shall be considered to be a waiver of any breach or default unless expressly provided herein or in the waiver. 14.12 Broker's Fees. Seller and Buyer represent and warrant to the other that neither Buyer nor Seller has employed any broker and/or finder to represent its interest in this transaction. Each party agrees to indemnify and hold the other free and harmless from and against any and all liability, loss, cost, or expense (including court costs and reasonable attorney's fees) in any manner connected with a claim asserted by any individual or entity for any commission or finder's fee in connection with the conveyance of the Property arising out of agreements by the indemnifying party to pay any commission or finder's fee. 14.13 Duplicate Originals. This Agreement may be executed in any number of duplicate originals, all of which shall be of equal legal force and effect. 14.14 Severability. If any term, covenant or condition of this Agreement or the application thereof to any person, entity, or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant, or condition to persons, entities, or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 14.15 Exhibits. The following exhibits are attached hereto and incorporated herein by this reference: Exhibit "A" Legal Description of Property Exhibit "B" Grant Deed Exhibit "C" Non -Foreign Affidavit 14.16 Authority. The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement such party is formally bound to the provisions of this Agreement, and 1066/015610-0008 245 _ 422247.04 a08/13/03 9_ 23 (iv) the entering into this Agreement does not violate any provision of any other agreement to which such party is bound. 14.17 Entire Agreement; Amendment. Except as set forth above, this Agreement and the exhibits incorporated herein contain the entire agreement of Buyer and Seller with respect to the matters contained herein, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. No provisions of this Agreement may be amended or modified in any manner whatsoever except by an agreement in writing signed by duly authorized officers or representatives of each of the parties hereto. [END -- SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, Buyer and Seller each hereby represents that it has read this Agreement, understands it, and hereby executes this Agreement to be effective as of the day and year first written above. , ATTEST: June Greek, City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP 0 M. Katherine Jenson, City Attorney SELLER: CHARLES J. ZILINSKY ALICE S. ZILINSKY BUYER: CITY OF LA QUINTA, a California municipal corporation I' M City Manager [end of signatures] 246 1066/015610-0008 422247.04 a08/13/03 -1 �- 24 Chicago Title agrees to act as Escrow Holder in accordance with the terms of this Agreement. 10661015610-0008 422247.04 a08/13/03 By: _ Name: Its: -11- 24 25 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY The land referred to is situated in the State of California, County of Riverside, City of La Quinta, and is described as follows: [TO BE INSERTED] APN: 649-090-007 1066/015610-0008 422247.04 a08/13/03 248 26 EXHIBIT "B" FORM OF GRANT DEED [SEE ATTACHED] RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Manager SPACE ABOVE THIS LINE FOR RECORDER'S USE (Exempt from Recordation Fee per Gov. Code § 6103) GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CHARLES J. ZILINSKY AND ALICE S. ZILINSKY, AS JOINT TENANTS hereby grant to the CITY OF LA QUINTA, a California municipal corporation, that certain real property located in the City of La Quinta, County of Riverside, State of California, legally described on Attachment No. 1, which is attached hereto, and incorporated herein by this reference, subject to all matters of record. Dated: , 2003 CHARLES J. MINSKY ALICE S. ZILINSKY 1066/015610-0008 422247.04 a08/13/03 243 27 STATE OF CALIFORNIA ) ) ss COUNTY OF ) On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] STATE OF CALIFORNIA ) ) ss COUNTY OF ) On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. [SEAL] Notary Public ATTACHMENT NO. 1 1066/015610-0008 422247.04 OVUM-14- 28 LEGAL DESCRIPTION OF PROPERTY The land referred to is situated in the State of California, County of Riverside, City of La Quinta, and is described as follows: [TO BE INSERTED] APN: 649-090-007 422247.04ia000s Attachment 1 to Grant Deed 4.517 422247.04 a08/13/03 29 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by a Grant Deed dated , from Charles J. Zilinsky and Alice S. Zilinsky, as Joint Tenants, to the City of La Quinta, a municipal Corporation, ("City") is hereby accepted by the City by the signature of the undersigned agent on behalf of the City pursuant to the authority conferred upon him by the Resolution No. , adopted on , and that the City, as the Grantee, by its said duly authorized agent, hereby consents to the recordation thereof. DATED: CITY OF LA QUINTA, a Municipal Corporation Bv: Name: Thomas P. Genovese Its: City Manager, City of La Quinta I HEREBY ATTEST to the authenticity of the foregoing signature and to the said adoption of the said Resolution of his general authority to so act and certify that said authority has not been revoked by any subsequent Resolution or order of the City. DATED: June S. Greek, City Clerk, City of La Quinta 422247.04 08/13/ Attachment I to Grant Deed 422247.04 a08/13/03 30 EXHIBIT "C" AFFIDAVIT OF NON -FOREIGN ENTITY TO: CITY OF LA QUINTA ("Buyer") The Internal Revenue Code of 1954 ("Code") (26 U.S.C. Sections 1445, 7701) provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. To inform the transferee that withholding of tax is not required upon transfer of that certain U.S. real property interest described in Exhibit "A" to the Agreement for Purchase and Sale and Escrow Instructions dated , 2003, and incorporated herein by reference ("Property"), that the undersigned ("Seller") hereby certifies the following: 1. Seller is not a foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); and 2. The U.S. taxpayer identification number for Seller is ; and 3. The address for mailing purposes of Seller is: and 4. Seller understands that this certification may be disclosed to the Internal Revenue Service by Buyer and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalty of perjury, I declare that I have examined this Certification and to the best of my knowledge and belief, it is true, correct, and complete, and I further declare that I have authority to sign this document on behalf of Seller. Dated: , 2003 SELLER: CHARLES J. MINSKY ALICE S. MINSKY 1066/015610-0008 422247.04 a08/13/03 253 31 ATTACHMENT 2 AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS BY AND BETWEEN DAVID A. ELROD AND CAROL A. ELROD, AS JOINT TENANTS (COLLECTIVELY, "SELLER") AND CITY OF LA QUINTA (`BUYER") 119/015610-0008 423354.01 a08/14/03 32 TABLE OF CONTENTS Page 1. PURCHASE PRICE.........................................................................................................1 1.1 Amount.................................................................................................................1 1.2 Payment of Purchase Price....................................................................................1 2. ESCROW..........................................................................................................................1 2.1 Opening of Escrow.................,..............................................................................1 2.2 Escrow Instructions...............................................................................................1 3. TITLE MATTERS............................................................................................................ 2 4. CLOSE OF ESCROW......................................................................................................3 4.1 Close of Escrow; Closing Date............................................................................. 3 4.2 Recordation; Release of Funds and Documents ................................................... 3 5. DELIVERY OF DOCUMENTS REQUIRED FROM BUYER AND SELLER ............. 3 5.1 Buyer's Obligations.............................................................................................. 3 5.2 Seller's Obligations...............................................................................................3 6. TITLE INSURANCE POLICY........................................................................................ 4 6.1 Title Policy............................................................................................................4 6.2 Payment for Title Policy....................................................................................... 4 7. REAL PROPERTY TAXES.............................................................................................4 8. CONDITIONS PRECEDENT TO CLOSING.................................................................5 8.1 Conditions Precedent to Buyer's Obligations....................................................... 5 8.2 Conditions Precedent to Seller's Obligations.......................................................5 9. POSSESSION..................................................................................................................6 10. ALLOCATION OF COSTS.............................................................................................6 10.1 Buyer's Costs...................................6 ..................... 10.2 Seller's Costs.......................................................................................................6 11. CONDEMNATION.......................................................................................................... 6 12. HAZARDOUS MATERIALS.........................................................................................6 13. COVENANTS OF SELLER.............................................................................................7 14. MISCELLANEOUS.........................................................................................................7 14.1 Assignment........................................................................................................... 7 14.2 Attorney's Fees..................................................................................................... 8 14.3 Notices.................................................................................................................. 8 14.4 Fair Meaning ................. ..................................................................................... 8 1066/015610-0008 423374.01 a08/12/03 -1- 255 33 P ze 14.5 Headings............................................................................................................... 8 14.6 Choice of Laws; Litigation Matters...................................................................... 8 14.7 Nonliability of Buyer Officials............................................................................. 8 14.8 Gender; Number....................................................................................................9 14.9 Survival.................................:...............................................................................9 14.10 Time of Essence.................................................................................................... 9 14.11 Waiver or Modification.. ...... o ...................................... 0 ....... 0 ....... 0 .............. o .......... 9 14.12 Broker's Fees........................................................................................................ 9 14.13 Duplicate Originals............................................................................................... 9 14.14 Severability....................................................................:.....................................9 14.15 Exhibits................................................................................................................. 9 14.16 Authority............................................................................................................. 0.9 14.17 Entire Agreement; Amendment..........................................................................10 EXHIBITS Exhibit A Legal Description of Property Exhibit B Form of Grant Deed Exhibit C Form of Affidavit of Non -Foreign Entity C`. 1066/015610-0008 -11- 256 6 423374.01 a08/12/03 34 AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS BY AND BETWEEN DAVID A. ELROD AND CAROL A. ELROD, AS JOINT TENANTS (COLLECTIVELY, "SELLER") AND CITY OF LA QUINTA ("BUYER") r 119/015610-0008 V 423354.01 a08/13/03 35 TABLE OF CONTENTS Page 1. PURCHASE PRICE.........................................................................................................1 1.1 Amount.................................................................................................................1 1.2 Payment of Purchase Price....................................................................................1 2. ESCROW..........................................................................................................................1 2.1 Opening of Escrow...............................................................................................1 2.2 Escrow Instructions...............................................................................................1 3. TITLE MATTERS............................................................................................................ 2 4. CLOSE OF ESCROW......................................................................................................3 4.1 Close of Escrow; Closing Date............................................................................. 3 4.2 Recordation; Release of Funds and Documents ................................................... 3 5. DELIVERY OF DOCUMENTS REQUIRED FROM BUYER AND SELLER ............. 3 5.1 Buyer's Obligations.............................................................................................. 3 5.2 Seller's Obligations...............................................................................................3 6. TITLE INSURANCE POLICY........................................................................................4 6.1 Title Policy............................................................................................................4 6.2 Payment for Title Policy....................................................................................... 4 7. REAL PROPERTY TAXES.............................................................................................4 8. CONDITIONS PRECEDENT TO CLOSING.................................................................5 8.1 Conditions Precedent to Buyer's Obligations.......................................................5 8.2 Conditions Precedent to Seller's Obligations....................................................... 5 9. POSSESSION..................................................................................................................6 10. ALLOCATION OF COSTS.................................................................0...........................6 10.1 Buyer's Costs...................................................................:................0................... 6 10.2 Seller's Costs........................................................................................................6 11. CONDEMNATION..........................................................................................................6 12. HAZARDOUS MATERIALS.........................................................................................6 13. COVENANTS OF SELLER.............................................................................................7 14. MISCELLANEOUS.........................................................................................................7 14.1 Assignment...........................................................................................................7 14.2 Attorney's Fees..................................................................................................... 8 14.3 Notices.................................................................................................................. 8 14.4 Fair Meaning......................................................................................................... 8 14.5 Headings............................................................................................................... 8 14.6 Choice of Laws; Litigation Matters...................................................................... 8 2J3 119/015610-0008 423354.01 a08/13/03 36 TABLE OF CONTENTS Page 14.7 Nonliability of Buyer Officials............................................................................. 8 14.8 Gender; Number....................................................................................................9 14.9 Survival.................................................................................................................9 14.10 Time of Essence.................................................................................................... 9 14.11 Waiver or Modification......................................................................................... 9 14.12 Broker's Fees........................................................................................................ 9 14.13 Duplicate Originals............................................................................................... 9 14.14 Severability........................................................................................................... 9 14.15 Exhibits................................................................................................................. 9 14.16 Authority............................................................................................................... 9 14.17 Entire Agreement; Amendment.....................................................0....................10 EXHIBITS Exhibit A Legal Description of Property Exhibit B Form of Grant Deed Exhibit C Form of Affidavit of Non -Foreign Entity 119/015610-0008 423354.01 a08/13/03 2k. 37 AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS THIS AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS ("Agreement") is made and entered into as of August _, 2003 ("Effective Date") by and between DAVID A. ELROD AND CAROL A. ELROD, AS JOINT TENANTS (collectively, "Seller"), and the CITY OF LA QUINTA, a California municipal corporation ("Buyer"). RECITALS: A. Seller is the owner of that certain real property located in the City of La Quinta, County of Riverside, State of California, more particularly described in the legal description attached hereto as Exhibit "A" (the "Property"). B. Buyer desires to purchase the Property from Seller, and Seller desires to sell the Property to Buyer, on the terms and conditions set forth herein. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing recitals and mutual covenants herein contained, the parties hereto agree as follows: 1. PURCHASE PRICE. 1.1 Amount. Subject to the terms of this Agreement, Buyer hereby agrees to purchase the Property from Seller and Seller agrees to sell the Property to Buyer, for the purchase price of SEVENTY TWO THOUSAND DOLLARS ($72,000.00) ("Purchase Price"). 1.2 Payment of Purchase Price. On or before 5:00 p.m. on the business day preceding the "Closing Date" (as that term is defined in Section 4.1) or such earlier time as required by "Escrow Holder" in order to close "Escrow" (as those terms are defined in Section 2.1) on the Closing Date, Buyer shall deposit with Escrow Holder the Purchase Price. 2. ESCROW. 2.1 Opening of Escrow. Closing of the sale of the Property shall take place through an escrow ("Escrow") to be established within three (3) business days after the execution of this Agreement by the parties hereto, with Chicago Title ("Escrow Holder") at its office located at 72980 Fred Waring Drive, Suite B, Palm Desert, California, 92260. The opening of the Escrow (the "Opening of Escrow") shall be deemed to be the date that a fully executed copy of this Agreement is delivered to the Escrow Holder. Escrow Holder is instructed to notify Buyer and Seller in writing of the date of the Opening of Escrow. 2.2 Escrow Instructions. This Agreement, once deposited in Escrow, shall constitute the joint escrow instructions of Buyer and Seller to Escrow Holder. Additionally, if Escrow 119/015610-0008 423354.01 a08/13/03 38 Holder so requires, Buyer and Seller agree to execute the form of escrow instructions that Escrow Holder customarily requires in real property escrows administered by it. In the event of any conflict or inconsistency between Escrow Holder's standard instructions and the provisions of this Agreement, the provisions of this Agreement shall supersede and be controlling. 3. TITLE MATTERS. Buyer shall obtain a preliminary title report prepared by Chicago Title ("Title Company") describing the state of title of the Property together with copies of all underlying documents (collectively, the "Preliminary Title Report"). Buyer may, at its sole cost and expense, obtain a current survey of the Property (the "Survey"). Notwithstanding anything herein to the contrary, Seller shall be obligated to remove all monetary encumbrances against the Property excluding non -delinquent real property taxes (except as otherwise provided for in Section 7 below). Buyer shall notify Seller in writing of any objections Buyer may have to title exceptions contained in the Preliminary Title Report or matters shown on the Survey (if Buyer has obtained) no later than the date which is fifteen (15) days after the later of (i) its receipt of the Preliminary Title Report or (ii) its receipt of the Survey ("Buyer's Objection Notice"). Buyer's approval or disapproval of the matters set forth in the Preliminary Title Report (and the Survey, if applicable) may be granted or withheld in Buyer's sole and absolute discretion. Buyer's failure to provide Seller with a Buyer's Objection Notice within said period shall constitute Buyer's approval of all exceptions to title shown on the Preliminary Title Report and all matters shown on the Survey (if Buyer has obtained). Seller shall have a period of five (5) days after receipt of Buyer's Objection Notice in which to deliver written notice to Buyer ("Seller's Notice") of Seller's election to either (i) agree to remove the objectionable items on the Preliminary Title Report or Survey prior to the Close of Escrow, or (ii) decline to remove any such title exceptions or Survey matters and terminate Escrow and the obligations of Buyer and Seller to purchase and sell the Property under this Agreement. Seller's failure to provide Buyer with Seller's Notice within said period shall constitute Seller's election to remove the objectionable items on the Preliminary Title Report. If Seller notifies Buyer of its election to terminate rather than remove the objectionable items on the Preliminary Title Report or Survey, Buyer shall have the right, by written notice delivered to Seller within five (5) days after Buyer's receipt of Seller's Notice, to agree to accept the Property subject to the objectionable items, in which event Seller's election to terminate shall be of no effect, and Buyer shall take title at the Close of Escrow subject to such objectionable items without any adjustment to or credit against the Purchase Price. All exceptions to title -shown on the Preliminary Title Report, other than those which Seller may agree to remove pursuant to this Section 3, shall be deemed to have been approved by Buyer unless Seller is notified otherwise in writing. Upon the issuance of any amendment or supplement to the Preliminary Title Report which adds additional exceptions, including any survey exceptions, the foregoing right of review and approval shall also apply to said amendment or supplement. The process set forth above for Buyer's review and Seller's response shall apply to any review and response with respect to any amendment or supplement to the Preliminary Title Report, and the Closing shall be extended for such period as is necessary to allow for that review and response process to be completed. 119/015610-0008 423354.01 a08/13/03 -2- 261 39 4. CLOSE OF ESCROW. 4.1 Close of Escrow; Closing Date. Provided that all of the conditions of this Agreement precedent to the "Close of Escrow" (as hereinafter defined) have been satisfied (or waived by the appropriate party) prior to or on the Closing Date, the Closing of this transaction for the sale and purchase of the Property shall take place on the date which is five (5) days after the date on which all of "Buyer's Conditions to Closing" and all of "Seller's Conditions to Closing" (as those terms are defined in Section 8) have been satisfied (or waived by the appropriate party) ("Closing Date"). The terms "Close of Escrow" and the "Closing" are used herein to mean the time Seller's grant deed conveying fee title to the Property to Buyer is recorded in the Official Records of the Office of the County Recorder of Riverside ("Official Records"). If Escrow is not in a condition to close by the Closing Date, either party not then in default hereunder may, upon five (5) days advance written notice to the other party and Escrow Holder, elect to terminate this Agreement and the Escrow. No such termination shall release either party then in default from liability for such default. If neither party so elects to terminate this Agreement and the Escrow, Escrow Holder shall close the Escrow as soon as possible. 4.2 Recordation; Release of Funds and Documents. 4.2.1 Escrow Holder is directed, on the Closing Date, to record in the Official Records, the following documents in the order listed: (i) the grant deed (in the form attached hereto as Exhibit "B") transferring title to the Property to Buyer ("Grant Deed"); and (ii) such other and further documents as may be directed jointly by Buyer and Seller. 4.2.2 Upon the Closing, Escrow Holder shall deliver (i) the Purchase Price, less any amount to pay property taxes and/or assessments allocable to Seller pursuant to Section 7, and (ii) conformed copies of all recorded documents to both Buyer and Seller. 5. DELIVERY OF DOCUMENTS REQUIRED FROM BUYER AND SELLER. 5.1 Buyer's Obligations. Buyer agrees that on or before 5:00 p.m. of the last business day immediately preceding the Closing Date, Buyer shall deposit or cause to be deposited with Escrow Holder the following: (a) the Purchase Price; and (b) any and all additional funds, instruments or other documents required from Buyer (executed and acknowledged where appropriate) as may be reasonably necessary in order for the Escrow Holder to comply with the terms of this Agreement. 5.2 Seller's Obligations. Seller agrees that on or before 5:00 p.m. of the last business day immediately preceding the Closing Date, Seller shall deposit or cause to be deposited with Escrow Holder each of the following: (a) the executed and acknowledged Grant Deed, subject only to the Permitted Exceptions (defined hereafter); 119/015610-0008 423354.01 a08/13/03 -3- 262 40 (b) a Certificate of Non -Foreign Status (the "Non -Foreign Affidavit") executed and acknowledged by Seller in the form attached hereto as Exhibit "C"; and (c) all other funds, items, and instruments required from Seller (executed and acknowledged where appropriate) as may be reasonably necessary in order for Escrow Holder to comply with the provisions of this Agreement. 6. TITLE INSURANCE POLICY. 6.1 Title Policv. At the Closing Date, the Title Company, as insurer, shall issue a CLTA owner's standard coverage policy of title insurance ("Title Policy"), in favor of Buyer, as insured, with liability in the amount of the Purchase Price, subject to the following (the "Permitted Exceptions"): (a) non -delinquent real property taxes, subject to Seller's obligations to pay certain taxes pursuant to Section 7 below; (b) covenants, conditions, restrictions and reservations of record that do not interfere with the Buyer's proposed use of the Property, as determined in the sole and absolute discretion of Buyer; (c) easements or rights -of -way over the Property for public or quasi -public utility or public street purposes; (d) title exceptions approved or deemed approved by Buyer pursuant to Section 3 above; (e) any other exceptions approved by Buyer; and (f) the standard printed conditions and exceptions contained in the CLTA standard owner's policy of title insurance regularly issued by the Title Company. 6.2 Payment for Title Policy. Buyer shall be responsible for the charges for the Title Policy with coverage up to the amount of the Purchase Price. Buyer shall pay any additional coverage or endorsements it requests. 'Buyer may, at its election and expense, request an ALTA extended policy of title insurance. Buyer shall also pay for the Survey, if applicable. 7. REAL PROPERTY TAXES AND ASSESSMENTS. Upon Buyer's acquisition of fee title to the Property, the Property will be exempt from the payment of property taxes due to Buyer's status as a public agency. Seller shall be responsible for paying (through Escrow at Closing) all property taxes and assessments which are of record as of the Closing Date and/or have accrued against the Property prior to (and including) the Closing Date (notwithstanding whether such taxes and/or assessments are due and payable as of the Closing Date). Seller hereby acknowledges and agrees that Seller is obligated to completely payoff, at Closing, any amounts outstanding under the City of La Quinta Assessment District 2000-1 (notwithstanding whether such assessment is due and payable as of the Closing Date). Seller shall also be responsible for paying for all property taxes or assessments assessed against the Property after the Closing for any period prior to the Closing. 119/015610-0008 �63 423354.01 a08/13/03 —4- 41 8. CONDITIONS PRECEDENT TO CLOSING. 8.1 Conditions Precedent to Buyer's Obligations. The obligations of Buyer under this Agreement to purchase the Property and close the Escrow shall be subject to the satisfaction or signed written waiver by Buyer of each and all of the following conditions precedent (collectively, "Buyer's Conditions to Closing"): (a) on the Closing Date, the Title Company shall be irrevocably committed to issue the Title Policy pursuant to Section 6 above insuring fee title to the Property as being vested in Buyer, subject only to the Permitted Exceptions; (b) Escrow Holder holds all instruments and funds required for the Closing and will deliver to Buyer the instruments and funds, if any, accruing to Buyer pursuant to this Agreement; (c) except as otherwise permitted by this Agreement, all representations and warranties by the Seller in this Agreement shall be true on and as of the Closing Date as though made at that time and all covenants of Seller pursuant to this Agreement shall have been fulfilled by the Closing Date; (d) Seller is not in material default of any term or condition of this Agreement; (e) thirty-five (35) days have expired from the date the Buyer files a notice of determination ("Notice of Determination") with the County Clerk of the County of Riverside ("County Clerk") approving and certifying an addendum (the "Addendum") to the Initial Study/Mitigation Negative Declaration for Jefferson Street Improvements originally certified by the City of La Quinta on May 18, 1999, State Clearinghouse Number 99031046, which such Notice of Determination shall be filed by Buyer with the County Clerk within a reasonable amount of time after execution of this Agreement by both parties; and (f) as of the Closing Date, no judicial or administrative challenges have been presented or filed against the findings made in the Addendum or against the Addendum itself. In the event that any of Buyer's Conditions to Closing are not satisfied, deemed satisfied, or waived in a writing signed by Buyer prior to the expiration of the applicable period for satisfaction or waiver, Buyer may terminate this Agreement. 8.2 Conditions Precedent to Seller's Obligations. The obligations of Seller under this Agreement shall be subject to the satisfaction or signed written waiver by Seller of each and all of the following conditions precedent ("Seller's Conditions to Closing"): (a) Escrow Holder holds the Purchase Price and all other instruments and funds required for the Closing and will deliver to Seller the instruments and funds, including but not limited to the Purchase Price (less Seller's closing costs) accruing to Seller pursuant to this Agreement; 119/015610-0008 _ _ 264 423354.01 a08/13/03 5 42 (b) except as otherwise permitted by this Agreement, all representations and warranties by the Buyer in this Agreement shall be true on and as of the Closing Date as though made at that time and all covenants of Buyer pursuant to this Agreement shall have been fulfilled by the Closing Date; and (c) Buyer is not in material default of any term or condition of this Agreement. In the event that any of Seller's Conditions to Closing are not satisfied, deemed satisfied, or waived in a writing signed by Seller prior to the expiration of the applicable period for satisfaction or waiver, Seller may terminate this Agreement. 9. POSSESSION. Possession of the Property shall be delivered by Seller to Buyer on the Closing Date, subject only to the Permitted Exceptions. 10. ALLOCATION OF COSTS. 10.1 Buyer's Costs. Buyer shall pay all closing costs associated with this Agreement and the conveyance of the Property from Seller to Buyer, including any and all escrow and title fees, recording fees, documentary transfer tax, the premium for the Title Policy (plus any additional fee for ALTA extended coverage and/or title endorsements requested by Buyer), and Buyer's own attorney's fees in connection with this Agreement and the transactions contemplated hereby. 10.2 Seller's Costs. Seller shall pay Seller's own attorney's fees, if any, in connection with this Agreement and the transactions contemplated hereby. 11. CONDEMNATION. In the event that, prior to the Close of Escrow, any governmental entity shall commence any proceedings of or leading to eminent domain or similar type proceedings to take all or any portion of the Property, Buyer or Seller shall promptly meet and confer in good faith to evaluate the effect of such action on the purposes of this Agreement. 12. HAZARDOUS MATERIALS. To the best of Seller's knowledge, the Property has not at any time been used for the purposes of storing, manufacturing, releasing or dumping Hazardous Materials. For purposes of this Agreement, the term "Hazardous Materials" shall mean (1) hazardous wastes, hazardous materials, hazardous substances, hazardous constituents, toxic substances or related materials, whether solids, liquids or gases, including, but not limited to, substances deemed as "hazardous wastes," "hazardous materials," "hazardous substances," "toxic substances," "pollutants," "contaminants," "radioactive materials," or other similar designations in, or otherwise subject to regulation under, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended ("CERCLA"), 42 U.S.C. § 9601 et seq.; the Toxic Substance Control Act ("TSCA"), 15 U.S.C. § 2601 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 1802; the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 9601, et seq.; the Clean Water Act ("CWA"), 33 U.S.C. § 1251 et seq.; the Safe Drinking Water Act, 42 U.S.C. § 300 et seq.; the Clean Air Act ("CAA"), 42 U.S.C. § 7401 et seq.; the Hazardous Waste Control Law, California Health and Safety Code § 25025 et seq., the Carpenter -Presley -Tanner Hazardous Substance Account Act, California Health and Safety Code, Division 20, Chapter 6.8, the Hazardous Materials Release Response Plans and 119/015610-0008 423354.01 a08/13/03 101 265 43 Inventory Act, California Health and Safety Code, Division 20, Chapter 6.95, The Underground Storage of Hazardous Substances Act, California Health and Safety Code, Division 20, Chapter 6.7, the Porter -Cologne Act, California Water Code § 13050 et seq. and in any permits, licenses, approvals, plans, rules, regulations or ordinances adopted, or other criteria and guidelines promulgated pursuant to the preceding laws or other similar federal, state or local laws, regulations, rules or ordinances now or hereafter in effect relating to environmental matters (collectively the "Environmental Laws"); and (ii) any other substances, constituents or wastes subject to any applicable federal, state or local law, regulation, ordinance or common law doctrine, including any En ironmental Law, now or hereafter in effect, including, but not limited to, (A) petroleum, (B) refined petroleum products, (C) waste oil, (D) waste aviation or motor vehicle fuel, (E) asbestos, (F) lead in water, paint or elsewhere, (G) radon, (H) polychlorinated biphenyls (PCB's) and (I) ureaformaldehyde. Seller agrees to indemnify, defend and hold Buyer and its respective officers, officials, members, employees, agents or representatives harmless from any and all losses, liability, claims, causes of action, demands, damages, costs, fees and expenses (including, but not limited to, attorneys' fees, expe witness fees and costs) arising directly or indirectly from any Hazardous Materials which were placed on the Property by Seller or Seller's employees, agents and/or representatives during the time period that Seller owned fee title to and/or occupied the Property. 13. COVENANTS OF SELLER. Seller agrees that during the period between the Effective Date of this Agreement and the Closing Date: (a) Seller shall maintain the Property in not less than the state of repair as that existing on the Effective Date (excepting ordinary wear and tear and the demolition and removal required to be performed by Seller pursuant to this Agreement); (b) Seller shall not convey, grant, lease, assign, mortgage, hypothecate, encumber, or otherwise transfer (on or off record) the Property or any interest therein; (c) Prior to Closing, Seller shall maintain Seller's existing insurance, if any, on the Property; and (d) Prior to the Closing, Seller shall not alter the physical condition of the Property or introduce or release, or permit the introduction or release, of any Hazardous Materials in, from, under, or on the Property. 14. 14.1 Assi en . This Agreement shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, personal representatives, successors and assigns. Neither party to this Agreement may assign this Agreement or any interest or right hereunder or under the Escrow without the prior written consent and approval of the other party, which consent and approval may be withheld in the sole and absolute discretion of either party. No provision of this Agreement is intended nor shall in any way be construed to benefit any party not a signatory hereto or to create a third party beneficiary relationship. 119/015610-0008 423354.01 a08/13/03 dAI 266 44 14.2 Attorney's Fees. In the event of any action between Buyer and Seller seeking enforcement of any of the terms and conditions to this Agreement or the Escrow or otherwise in connection with the Property, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including without limitation its expert witness fees and reasonable attorney's fees. 14.3 Notices. All notices under this Agreement shall be effective upon personal delivery, via facsimile so long as the sender receives confirmation of successful transmission from the sending machine, or three (3) business days after deposit in the United States mail, registered, certified, postage fully prepaid and addressed to the respective parties as set forth below or as to such other address as the parties may from time to time designate in writing: To Seller: David A. and Carol A. Elrod 1354 Skye Parkway West Linn, OR 97068 To Buyer: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Manager Facsimile No.: (760) 777-7101 Copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92628-1950 Attn: M. Katherine Jenson, Esq. Facsimile No.: (714) 546-9035 14.4 Fair Meaning. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. 14.5 Headings. The headings at the beginning of each numbered Section of this Agreement are solely for the convenience of the parties hereto and are not a part of this Agreement. 14.6 Choice of Laws; Litigation Matters. This Agreement shall be governed by the internal laws of the State of California and any question arising hereunder shall be construed or determined according to such law. The Municipal and Superior Courts of the State of California in and for the County of Riverside, or such other appropriate court in such county, shall have exclusive jurisdiction of any litigation between the parties concerning this Agreement. Service of process on Buyer shall be made in accordance with California law. Service of process on Seller shall be made in any manner permitted by California law and shall be effective whether served inside or outside California. 14.7 Nonliability of Buyer Officials. No officer, official, member, employee, agent, or representatives of Buyer shall be liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon shall be personally enforced against any such officer, official, member, employee, agent, or representative. 2�� 119/015610-0008 _ 423354.01 a08/13/03 -g 45 14.8 Gender; Number. As used in this Agreement, masculine, feminine, and neuter gender and the singular or plural number shall be deemed to include the others wherever and whenever the context so dictates. 14.9 Survival. This Agreement and all covenants to be performed after the Closing, and, except as otherwise set forth herein, all representations and warranties contained herein, shall survive the Closing Date and shall remain a binding contract between the parties hereto. 14.10 Time of Essence. Time is of the essence of this Agreement and of each and every term and provision hereof, it being understood that the parties hereto have specifically negotiated the dates for the completion of each obligation herein. 14.11 Waiver or Modification. A waiver of a provision hereof, or modification of any provision herein contained, shall be effective only if said waiver or modification is in writing, and signed by both Buyer and Seller. No waiver of any breach or default by any party hereto shall be considered to be a waiver of any breach or default unless expressly provided herein or in the waiver. 14.12 Broker's Fees. Seller and Buyer represent and warrant to the other that neither Buyer nor Seller has employed any broker and/or finder to represent its interest in this transaction. Each party agrees to indemnify and hold the other free and harmless from and against any and all liability, loss, cost, or expense (including court costs and reasonable attorney's fees) in any manner connected with a claim asserted by any individual or entity for any commission or finder's fee in connection with the conveyance of the Property arising out of agreements by the indemnifying party to pay any commission or finder's fee. 14.13 Duplicate Originals. This Agreement may be executed in any number of duplicate originals, all of which shall be of equal legal force and effect. 14.14 Severability. If any term, covenant or condition of this Agreement or the application thereof to any person, entity, or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant, or condition to persons, entities, or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 14.15 Exhibits. The following exhibits are attached hereto and incorporated herein by this reference: Exhibit "A" Legal Description of Property Exhibit "B" Grant Deed Exhibit "C" Non -Foreign Affidavit 14.16 Author. The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement such party is formally bound to the provisions of this Agreement, and 119/015610-0008 " 8 423354.01 a08/13/03 -9- 46 (iv) the entering into this Agreement does not violate any provision of any other agreement to which such party is bound. 14.17 Entire Agreement; Amendment. Except as set forth above, this Agreement and the exhibits incorporated herein contain the entire agreement of Buyer and Seller with respect to the matters contained herein, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. No provisions of this Agreement may be amended or modified in any manner whatsoever except by an agreement in writing signed by duly authorized officers or representatives of each of the parties hereto. 119/015610-0008 423354.01 a08/13/03 [END -- SIGNATURE PAGE FOLLOWS] -10- 269 47 IN WITNESS WHEREOF, Buyer and Seller each hereby represents that it has read this Agreement, understands it, and hereby executes this Agreement to be effective as of the day and year first written above. ATTEST: June Greek, City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP M M. Katherine Jenson, City Attorney 119/015610-0008 423354.01 a08/13/03 SELLER: DAVID A. ELROD CAROL A. ELROD BUYER: CITY OF LA QUINTA, a California municipal corporation M City Manager [end of signatures] -11- 48 Chicago Title agrees to act as Escrow Holder in accordance with the terms of this Agreement. 119/015610-0008 423354.01 a08/13/03 By: _ Name: Its: -12- 271 49 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY The land referred to is situated in the State of California, County of Riverside, City of La Quinta, and is described as follows: [TO BE INSERTED] APN: 649-071-014 119/015610-WO8 423354.01 a08/13/03 �•• �� 50 EXHIBIT "B" FORM OF GRANT DEED [SEE ATTACHED] 119/015610-0008 423354.01 a08/13/03 27,7 51 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Manager SPACE ABOVE THIS LINE FOR RECORDER'S USE (Exempt from Recordation Fee per Gov. Code § 6103) GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, DAVID A. ELROD AND CAROL A. ELROD, AS JOINT TENANTS hereby grant to the CITY OF LA QUINTA, a California municipal corporation, that certain real property located in the City of La Quinta, County of Riverside, State of California, legally described on Attachment No. 1, which is attached hereto, and incorporated herein by this reference, subject to all matters of record. Dated: 92003 DAVID A. ELROD CAROL A. ELROD 119/015610-0008 423354.01 a08/13/03 52 STATE OF OREGON ) ) ss COUNTY OF ) On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] STATE OF OREGON ) ) ss COUNTY OF ) On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 119/015610-0008 423354.01 a08/13/03 `� � r' 53 � � ATTACHMENT NO. 1 LEGAL DESCRIPTION OF PROPERTY The land referred to is situated in the State of California, County of Riverside, City of La Quinta, and is described as follows: [TO BE INSERTED] APN: 649-071-014 423354.01a0 /1 Attachment 1 to Grant Deed 423354.01 a08/13/03 76 54 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by a Grant Deed dated , from David A. Elrod and Carol A. Elrod, as Joint Tenants, to the City of La Quinta, a municipal Corporation, ("City") is hereby accepted by the City by the signature of the undersigned agent on behalf of the City pursuant to the authority conferred upon him by the Resolution No. , adopted on , and that the City, as the Grantee, by its said duly authorized agent, hereby consents to the recordation thereof. CITY OF LA QUINTA, a Municipal Corporation Bv: Name: Thomas P. Genovese Its: City Manager, City of La Quinta I HEREBY ATTEST to the authenticity of the foregoing signature and to the said adoption of the said Resolution of his general authority to so act and certify that said authority has not been revoked by any subsequent Resolution or order of the City. DATED: June S. Greek, City Clerk, City of La Quinta 423354.01a 8/1 Attachment 1 to Grant Deed �" 423354.01 a08/13/03 rr' EXHIBIT "C" AFFIDAVIT OF NON -FOREIGN ENTITY TO: CITY OF LA QUINTA ("Buyer") The Internal Revenue Code of 1954 ("Code") (26 U.S.C. Sections 1445, 7701) provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. To inform the transferee that withholding of tax is not required upon transfer of that certain U.S. real property interest described in Exhibit "A" to the Agreement for Purchase and Sale and Escrow Instructions dated , 2003, and incorporated herein by reference ("Property"), that the undersigned ("Seller") hereby certifies the following: 1. Seller is not a foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); and 2. The U.S. taxpayer identification number for Seller is ; and 3. The address for mailing purposes of Seller is: and 4. Seller understands that this certification may be disclosed to the Internal Revenue Service by Buyer and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalty of perjury, I declare that I have examined this Certification and to the best of my knowledge and belief, it is true, correct, and complete, and I further declare that I have authority to sign this document on behalf of Seller. Dated: , 2003 SELLER: DAVID A. ELROD CAROL A. ELROD 119/015610-0008 423354.01 a08/13/03 273 56 ATTACHMENT 3 AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS BY AND BETWEEN WILLIAM HALL ("SELLER") AND CITY OF LA QUINTA ("BUYER") 1066/015610-0008 423374.01 a08/13/03 273 57 TABLE OF CONTENTS Page 1. PURCHASE PRICE......................................................................................................... I 1.1 Amount................................................................................................................. l 1.2 Payment of Purchase Price....................................................................................1 2. ESCROW..........................................................................................................................1 2.1 Opening of Escrow...............................................................................................1 2.2 Escrow Instructions...............................................................................................2 3. TITLE MATTERS............................................................................................................ 2 4. CLOSE OF ESCROW......................................................................................................3 4.1 Close of Escrow; Closing Date............................................................................. 3 4.2 Recordation; Release of Funds and Documents ................................................... 3 5. DELIVERY OF DOCUMENTS REQUIRED FROM BUYER AND SELLER.............3 5.1 Buyer's Obligations.............................................................................................. 3 5.2 Seller's Obligations...............................................................................................3 6. TITLE INSURANCE POLICY........................................................................................4 6.1 Title Policy............................................................................................................4 6.2 Payment for Title Policy....................................................................................... 4 7. REAL PROPERTY TAXES.............................................................................................4 8. CONDITIONS PRECEDENT TO CLOSING.................................................................5 8.1 Conditions Precedent to Buyer's Obligations.......................................................5 8.2 Conditions Precedent to Seller's Obligations....................................................... 5 9. POSSESSION..................................................................................................................6 10. ALLOCATION OF COSTS.............................................................................................6 10.1 Buyer's Costs........................................................................................................ 6 10.2 Seller's Costs........................................................................................................6 11. CONDEMNATION .......................................................................................................... 6 12. HAZARDOUS MATERIALS........................................................................................6 13. COVENANTS OF SELLER.............................................................................................7 14. MISCELLANEOUS.........................................................................................................7 14.1 Assignment...........................................................................................................7 14.2 Attorneys Fees ... ............. :.......................................................................... ..........8 14.3 Notices......................................................................................0...................0.....0. 8 14.4 Fair Meaning......................................................................................................... 8 14.5 Headings............................................................................................................... 8 14.6 Choice of Laws; Litigation Matters.............................................0........................ 8 1066/015610-0008 423374.01 a08/13/03 -i- 58 TABLE OF CONTENTS Page 14.7 Nonliability of Buyer Officials............................................................................. 8 14.8 Gender; Number....................................................................................................9 14.9 Survival.................................................................................................................9 14.10 Time of Essence.................................................................................................... 9 14.11 Waiver or Modification......................................................................................... 9 14.12 Broker's Fees........................................................................................................ 9 14.13 Duplicate Originals............................................................................................... 9 14.14 Severability........................................................................................................... 9 14.15 Exhibits................................................................................................................. 9 14.16 Authority............................................................................................................... 9 14.17 Entire Agreement; Amendment...........................................................................10 EXHIBITS Exhibit A Legal Description of Property Exhibit B Form of Grant Deed Exhibit C Form of Affidavit of Non -Foreign Entity 1066/015610-0008 ,Q i 423374.01 a08/13/03 59 AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS THIS AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS ("Agreement") is made and entered into as of August _, 2003 ("Effective Date") by and between WILLIAM HALL ("Seller"), and the CITY OF LA QUINTA, a California municipal corporation ("Buyer"). RECITALS: A. Seller is the owner of that certain real property located in the City of La Quinta, County of Riverside, State of California, more particularly described in the legal description attached hereto as Exhibit "A" (the "Property"). B. Buyer desires to purchase the Property from Seller, and Seller desires to sell the Property to Buyer, on the terms and conditions set forth herein. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing recitals and mutual covenants herein contained, the parties hereto agree as follows: 1. PURCHASE PRICE. 1.1 Amount. Subject to the terms of this Agreement, Buyer hereby agrees to purchase the Property from Seller and Seller agrees to sell the Property to Buyer, for the purchase price of SEVENTY FOUR THOUSAND DOLLARS ($74,000.00) ("Purchase Price"). 1.2 Payment of Purchase Price. On or before 5:00 p.m. on the business day preceding the "Closing Date" (as that term is defined in Section 4.1) or such earlier time as required by "Escrow Holder" in order to close "Escrow" (as those terms are defined in Section 2.1) on the Closing Date, Buyer shall deposit with Escrow Holder the Purchase Price. 2. ESCROW 2.1 Opening of Escrow. Closing of the sale of the Property shall take place through an escrow ("Escrow") to be established within three (3) business days after the execution of this Agreement by the parties hereto, with Chicago Title ("Escrow Holder") at its office located at 72980 Fred Waring Drive, Suite B, Palm Desert, California, 92260. The opening of the Escrow (the "Opening of Escrow") shall be deemed to be the date that a fully executed copy of this Agreement is delivered to the Escrow Holder. Escrow Holder is instructed to notify Buyer and Seller in writing of the date of the Opening of Escrow. 1066/015610-0008 _ 282 423374.01 a08/13/03 _ 1 ItEl 2.2 Escrow Instructions. This Agreement, once deposited in Escrow, shall constitute the joint escrow instructions of Buyer and Seller to Escrow Holder. Additionally, if Escrow Holder so requires, Buyer and Seller agree to execute the form of escrow instructions that Escrow Holder customarily requires in real property escrows administered by it. In the event of any conflict or inconsistency between Escrow Holder's standard instructions and the provisions of this Agreement, the provisions of this Agreement shall supersede and be controlling. 3. TITLE MATTERS. Buyer shall obtain a preliminary title report prepared by Chicago Title ("Title Company") describing the state of title of the Property together with copies of all underlying documents (collectively, the "Preliminary Title Report"). Buyer may, at its sole cost and expense, obtain a current survey of the Property (the "Survey"). Notwithstanding anything herein to the contrary, Seller shall be obligated to remove all monetary encumbrances against the Property excluding non -delinquent real property taxes (except as otherwise provided for in Section 7 below). Buyer shall notify Seller in writing of any objections Buyer may have to title exceptions contained in the Preliminary Title Report or matters shown on the Survey (if Buyer has obtained) no later than the date which is fifteen (15) days after the later of (i) its receipt of the Preliminary Title Report or (ii) its receipt of the Survey ("Buyer's Objection Notice"). Buyer's approval or disapproval of the matters set forth in the Preliminary Title Report (and the Survey, if applicable) may be granted or withheld in Buyer's sole and absolute discretion. Buyer's failure to provide Seller with a Buyer's Objection Notice within said period shall constitute Buyer's approval of all exceptions to title shown on the Preliminary Title Report and all matters shown on the Survey (if Buyer has obtained). Seller shall have a period of five (5) days after receipt of Buyer's Objection Notice in which to deliver written notice to Buyer ("Seller's Notice") of Seller's election to either (i) agree to remove the objectionable items on the Preliminary Title Report or Survey prior'to the Close of Escrow, or (ii) decline to remove any such title exceptions or Survey matters and terminate Escrow and the obligations of Buyer and Seller to purchase and sell the Property under this Agreement. Seller's failure to provide Buyer with Seller's Notice within said period shall constitute Seller's election to remove the objectionable items on the Preliminary Title Report. If Seller notifies Buyer of its election to terminate rather than remove the objectionable items on the Preliminary Title Report or Survey, Buyer shall have the right, by written notice delivered to Seller within five (5) days after Buyer's receipt of Seller's Notice, to agree to accept the Property subject to the objectionable items, in which event Seller's election to terminate shall be of no effect, and Buyer shall take title at the Close of Escrow subject to such objectionable items without any adjustment to or credit against the Purchase Price. All exceptions to title shown on the Preliminary Title Report, other than those which Seller may agree to remove pursuant to this Section 3, shall be deemed to have been approved by Buyer unless Seller is notified otherwise in writing. Upon the issuance of any amendment or supplement to the Preliminary Title Report which adds additional exceptions, including any survey exceptions, the foregoing right of review and approval shall also apply to said amendment or supplement. The process set forth above for Buyer's review and Seller's response shall apply to any review and response with respect to any amendment or supplement to the Preliminary Title Report, and the Closing shall be extended for such period as is necessary to allow for that review and response process to be completed. 1066/015610-0008 -2- 283 423374.01 a08/13/03 61 4. CLOSE OF ESCROW. 4.1 Close of Escrow; Closing Date. Provided that all of the conditions of this Agreement precedent to the "Close of Escrow" (as hereinafter defined) have been satisfied (or waived by the appropriate party) prior to or on the Closing Date, the Closing of this transaction for the sale and purchase of the Property shall take place on the date which is five (5) days after the date on which all of "Buyer's Conditions to Closing" and all of "Seller's Conditions to Closing" (as those terms are defined in Section 8) have been satisfied (or waived by the appropriate party) ("Closing Date"). The terms "Close of Escrow" and the "Closing" are used herein to mean the time Seller's grant deed conveying fee title to the Property to Buyer is recorded in the Official Records of the Office of the County Recorder of Riverside ("Official Records"). If Escrow is not in a condition to close by the Closing Date, either party not then in default'hereunder may, upon five (5) days advance written notice to the other party and Escrow Holder, elect to terminate this Agreement and the Escrow. No such termination shall release either party then in default from liability for such default. If neither party so elects to terminate this Agreement and the Escrow, Escrow Holder shall close the Escrow as soon as possible. 4.2 Recordation; Release of Funds and Documents. 4.2.1 Escrow Holder is directed, on the Closing Date, to record in the Official Records, the following documents in the order listed: (i) the grant deed (in the form attached hereto as Exhibit `B") transferring title to the Property to Buyer ("Grant Deed"); and (ii) such other and further documents as may be directed jointly by Buyer and Seller. 4.2.2 Upon the Closing, Escrow Holder shall deliver (i) the Purchase Price, less any amount to pay property taxes and/or assessments allocable to Seller pursuant to Section 7, and (ii) conformed copies of all recorded documents to both Buyer and Seller. 5. DELIVERY OF DOCUMENTS REQUIRED FROM BUYER AND SELLER. 5.1 Buyer's Obligations. Buyer agrees that on or before 5:00 p.m. of the last business day immediately preceding the Closing Date, Buyer shall deposit or cause to be deposited with Escrow Holder the following: (a) the Purchase Price; and (b) any and all additional funds, instruments or other documents required from Buyer (executed and acknowledged where appropriate) as may be reasonably necessary in order for the Escrow Holder to comply with the terms of this Agreement. 5.2 Seller's Obligations. Seller agrees that on or before 5:00 p.m. of the last business day immediately preceding the Closing Date, Seller shall deposit or cause to be deposited with Escrow Holder each of the following: (a) the executed and acknowledged Grant Deed, subject only to the Permitted Exceptions (defined hereafter); 1066/015610-0008 _ _ 2.94 423374.01 a08/13/03 3 62 (b) a Certificate of Non -Foreign Status (the "Non -Foreign Affidavit") executed and acknowledged by Seller in the form attached hereto as Exhibit "C"; and (c) all other funds, items, and instruments required from Seller (executed and acknowledged where appropriate) as may be reasonably necessary in order for Escrow Holder to comply with the provisions of this Agreement. 6. TITLE INSURANCE POLICY. 6.1 Title Policy. At the Closing Date, the Title Company, as insurer, shall issue a CLTA owner's standard coverage policy of title insurance ("Title Policy"), in favor of Buyer, as insured, with liability in the amount of the Purchase Price, subject to the following (the "Permitted Exceptions"): (a) non -delinquent real property taxes, subject to Seller's obligations to pay certain taxes pursuant to Section 7 below; (b) covenants, conditions, restrictions and reservations of record that do not interfere with the Buyer's proposed use of the Property, as determined in the sole and absolute discretion of Buyer; (c) easements or rights -of -way over the Property for public or quasi -public utility or public street purposes; (d) title exceptions approved or deemed approved by Buyer pursuant to Section 3 above; (e) any other exceptions approved by Buyer; and (f) the standard printed conditions and exceptions contained in the CLTA standard owner's policy of title insurance regularly issued by the Title Company. 6.2 Payment for Title Policy. Buyer shall be responsible for the charges for the Title Policy with coverage up to the amount of the Purchase Price. Buyer shall pay any additional coverage or endorsements it requests. Buyer may, at its election and expense, request an ALTA extended policy of title insurance. Buyer shall also pay for the Survey, if applicable. 7. REAL PROPERTY TAXES AND ASSESSMENTS. Upon Buyer's acquisition of fee title to the Property, the Property will be exempt from the payment of property taxes due to Buyer's status as a public agency. Seller shall be responsible for paying (through Escrow at Closing) all property taxes and assessments which are of record as of the Closing Date and/or have accrued against the Property prior to (and including) the Closing Date (notwithstanding whether such taxes and/or assessments are due and payable as of the Closing Date). Seller hereby acknowledges and agrees that Seller is obligated to completely payoff, at Closing, any amounts outstanding under the City of La Quinta Assessment District 2000-1 (notwithstanding whether such assessment is due and payable as of the Closing Date). Seller shall also be responsible for paying for all property taxes or assessments assessed against the Property after the Closing for any period prior to the Closing. 1066/015610-0008 423374.01 a08/13/03 -4- 285 63 8. CONDITIONS PRECEDENT TO CLOSING. 8.1 Conditions Precedent to Buyer's Obligations. The obligations of Buyer under this Agreement to purchase the Property and close the Escrow shall be subject to the satisfaction or signed written waiver by Buyer of each and all of the following conditions precedent (collectively, "Buyer's Conditions to Closing"): (a) on the Closing Date, the Title Company shall be irrevocably committed to issue the Title Policy pursuant to Section 6 above insuring fee title to the Property as being vested in Buyer, subject only to the Permitted Exceptions; (b) Escrow Holder holds all instruments and funds required for the Closing and will deliver to Buyer the instruments and funds, if any, accruing to Buyer pursuant to this Agreement; (c) except as otherwise permitted by this Agreement, all representations and warranties by the Seller in this Agreement shall be true on and as of the Closing Date as though made at that time and all covenants of Seller pursuant to this Agreement shall have been fulfilled by the Closing Date; (d) Seller is not in material default of any term or condition of this Agreement; (e) thirty-five (35) days have expired from the date the Buyer files a notice of determination ("Notice of Determination") with the County Clerk of the County of Riverside ("County Clerk") approving and certifying an addendum (the "Addendum") to the Initial Study/Mitigation Negative Declaration for Jefferson Street Improvements originally certified by the City of La Quinta on May 18, 1999, State Clearinghouse Number 99031046, which such Notice of Determination shall be filed by Buyer with the County Clerk within a reasonable amount of time after execution of this Agreement by both parties; and (f) as of the Closing Date, no judicial or administrative challenges have been presented or filed against the findings made in the Addendum or against the Addendum itself. In the event that any of Buyer's Conditions to Closing are not satisfied, deemed satisfied, or waived in a writing signed by Buyer prior to the expiration of the applicable period for satisfaction or waiver, Buyer may terminate this Agreement. 8.2 Conditions Precedent to Seller's Obligations. The obligations of Seller under this Agreement shall be subject to the satisfaction or signed written waiver by Seller of each and all of the following conditions precedent ("Seller's Conditions to Closing"): (a) Escrow Holder holds the Purchase Price and all other instruments and funds required for the Closing and will deliver to Seller the instruments and funds, including but not limited to the Purchase Price (less Seller's closing costs) accruing to Seller pursuant to this Agreement; 1066/015610-0008 423374.01 a08/13/03 -5- 64 (b) except as otherwise permitted by this Agreement, all representations and warranties by the Buyer in this Agreement shall be true on and as of the Closing Date as though made at that time and all covenants of Buyer pursuant to this Agreement shall have been fulfilled by the Closing Date; and (c) Buyer is not in material default of any term or condition of this Agreement. In the event that any of Seller's Conditions to Closing are not satisfied, deemed satisfied, or waived in a writing signed by Seller prior to the expiration of the applicable period for satisfaction or waiver, Seller may terminate this Agreement. 9. POSSESSION. Possession of the Property shall be delivered by Seller to Buyer on the Closing Date, subject only to the Permitted Exceptions. 10. ALLOCATION OF COSTS. 10.1 Buyer's Costs. Buyer shall pay all closing costs associated with this Agreement and the conveyance of the Property from Seller to Buyer, including any and all escrow and title fees, recording fees, documentary transfer tax, the premium for the Title Policy (plus any additional fee for ALTA extended coverage and/or title endorsements requested by Buyer), and Buyer's own attorney's fees in connection with this Agreement and the transactions contemplated hereby. 10.2 Seller's Costs. Seller shall pay Seller's own attorney's fees, if any, in connection with this Agreement and the transactions contemplated hereby. 11. CONDEMNATION. In the event that, prior to the Close of Escrow, any governmental entity shall commence any proceedings of or leading to eminent domain or similar type proceedings to take all or any portion of the Property, Buyer or Seller shall promptly meet and confer in good faith to evaluate the effect of such action on the purposes of this Agreement. 12. HAZARDOUS MATERIALS. To the best of Seller's knowledge, the Property has not at any time been used for the purposes of storing, manufacturing, releasing or dumping Hazardous Materials. For purposes of this Agreement, the term "Hazardous Materials" shall mean (1) hazardous wastes, hazardous materials, hazardous substances, hazardous constituents, toxic substances or related materials, whether solids, liquids or gases, including, but not limited to, substances deemed as "hazardous wastes," "hazardous materials," "hazardous substances," "toxic substances," "pollutants," "contaminants," "radioactive materials," or other similar designations in, or otherwise subject to regulation under, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended ("CERCLA"), 42 U.S.C. § 9601 et seq.; the Toxic Substance Control Act ("TSCA"), 15 U.S.C. § 2601 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 1802; the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 9601, et seq.; the Clean Water Act ("CWA"), 33 U.S.C. § 1251 et seq.; the Safe Drinking Water Act, 42 U.S.C. § 300 et seq.; the Clean Air Act ("CAA"), 42 U.S.C. § 7401 et seq.; the Hazardous Waste Control Law, California Health and Safety Code § 25025 et seq., the Carpenter -Presley -Tanner Hazardous Substance Account Act, California Health and Safety Code, Division 20, Chapter 6.8, the Hazardous Materials Release Response Plans and 1066/015610-0008 423374.01 a08/13/03 6 f? 7 65 Inventory Act, California Health and Safety Code, Division 20, Chapter 6.95, The Underground Storage of Hazardous Substances Act, California Health and Safety Code, Division 20, Chapter 6.7, the Porter -Cologne Act, California Water Code § 13050 et seq. and in any permits, licenses, approvals, plans, rules, regulations or ordinances adopted, or other criteria and guidelines promulgated pursuant to the preceding laws or other similar federal, state or local laws, regulations, rules or ordinances now or hereafter in effect relating to environmental matters (collectively the "Environmental Laws"); and (ii) any other substances, constituents or wastes subject to any applicable federal, state or local law, regulation, ordinance or common law doctrine, including any Environmental Law, now or hereafter in effect, including, but not limited to, (A) petroleum, (B) refined petroleum products, (C) waste oil, (D) waste aviation or motor vehicle fuel, (E) asbestos, (F) lead in water, paint or elsewhere, (G) radon, (H) polychlorinated biphenyls (PCB's) and (I) ureaformaldehyde. Seller agrees to indemnify, defend and hold Buyer and its respective officers, officials, members, employees, agents or representatives harmless from any and all losses, liability, claims, causes of action, demands, damages, costs, fees and expenses (including, but not limited to, attorneys' fees, expert witness fees and costs) arising directly or indirectly from any Hazardous Materials which were placed on the Property by Seller or Seller's employees, agents and/or representatives during the time period that Seller owned fee title to and/or occupied the Property. 13. COVENANTS OF SELLER. Seller agrees that during the period between the Effective Date of this Agreement and the Closing Date: (a) Seller shall maintain the Property in not less than the state of repair as that existing on the Effective Date (excepting ordinary wear and tear and the demolition and removal required to be performed by Seller pursuant to this Agreement); (b) Seller shall not convey, grant, lease, assign, mortgage, hypothecate, encumber, or otherwise transfer (on or off record) the Property or any interest therein; (c) Prior to Closing, Seller shall maintain Seller's existing insurance, if any, on the Property; and (d) Prior to the Closing, Seller shall not alter the physical condition of the Property or introduce or release, or permit the introduction or release, of any Hazardous Materials in, from, under, or on the Property. 14. MISCELLANEOUS. 14.1 Assignment. This Agreement shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, personal representatives, successors and assigns. Neither party to this Agreement may assign this Agreement or any interest or right hereunder or under the Escrow without the prior written consent and approval of the other party, which consent and approval may be withheld in the sole and absolute discretion of either party. No provision of this Agreement is intended nor shall in any way be construed to benefit any party not a signatory hereto or to create a third party beneficiary relationship. 1066/015610-M8 423374.01 a08/13/03 -7- 233 14.2 Attorney's Fees. In the event of any action between Buyer and Seller seeking enforcement of any of the terms and conditions to this Agreement or the Escrow or otherwise in connection with the Property, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including without limitation its expert witness fees and reasonable attorney's fees. 14.3 Notices. All notices under this Agreement shall be effective upon personal delivery, via facsimile so long as the sender receives confirmation of successful transmission from the sending machine, or three (3) busines days after deposit in the United States mail, registered, certified, postage fully prepaid and ;ddressed to the respective parties as set forth below or as to such other address as the parties may from time to time designate in writing: To Seller: Mr. William Hall 79135 Kaye Ct La Quinta, CA 92253 To Buyer: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Manager Facsimile No.: (760) 777-7101 Copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92628-1950 Attn: M. Katherine Jenson, Esq. Facsimile No.: (714) 546-9035 14.4 Fair Meaning. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. 14.5 Headings. The headings at the beginning of each numbered Section of this Agreement are solely for the convenience of the parties hereto and are not a part of this Agreement. 14.6 Choice of Laws; Litigation Matters. This Agreement shall be governed by the internal laws of the State of California and any question arising hereunder shall be construed or determined according to such law. The Municipal and Superior Courts of the State of California in and for the County of Riverside, or such other appropriate court in such county, shall have exclusive jurisdiction of any litigation between the parties concerning this Agreement. Service of process on Buyer shall be made in accordance with California law. Service of process on Seller shall be made in any manner permitted by California law and shall be effective whether served inside or outside California. 14.7 Nonliability of Buyer Officials. No officer, official, member, employee, agent, or representatives of Buyer shall be liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon shall be personally enforced against any such officer, official, member, employee, agent, or representative. f 1066/015610-0008 423374.01 a08/13/03 8 67 14.8 Gender; Number. As used in this Agreement, masculine, feminine, and neuter gender and the singular or plural number shall be deemed to include the others wherever and whenever the context so dictates. 14.9 Survival. This Agreement and all covenants to be performed after the Closing, and, except as otherwise set forth herein, all representations and warranties contained herein, shall survive the Closing Date and shall remain a binding contract between the parties hereto. 14.10 Time of Essence. Time is of the essence of this Agreement and of each and every term and provision hereof, it being understood that the parties hereto have specifically negotiated the dates for the completion of each obligation herein. 14.11 Waiver or Modification. A waiver of a provision hereof, or modification of any provision herein contained, shall be effective only if said waiver or modification is in writing, and signed by both Buyer and Seller. No waiver of any breach or default by any party hereto shall be considered to be a waiver of any breach or default unless expressly provided herein or in the waiver. 14.12 Broker's Fees. Seller and Buyer represent and warrant to the other that neither Buyer nor Seller has employed any broker and/or finder to represent its interest in this transaction. Each party agrees to indemnify and hold the other free and harmless from and against any and all liability, loss, cost, or expense (including court costs and reasonable attorney's fees) in any manner connected with a claim asserted by any individual or entity for any commission or finder's fee in connection with the conveyance of the Property arising out of agreements by the indemnifying party to pay any commission or finder's fee. 14.13 Duplicate Originals. This Agreement may be executed in any number of duplicate originals, all of which shall be of equal legal force and effect. 14.14 Severability. If any term, covenant or condition of this Agreement or the application thereof to any person, entity, or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant, or condition to persons, entities, or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 14.15 Exhibits. The following exhibits are attached hereto and incorporated herein by this reference: Exhibit "A" Legal Description of Property Exhibit "B" Grant Deed Exhibit "C" Non -Foreign Affidavit 14.16 Authority. The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement such party is formally bound to the provisions of this Agreement, and 10661015610-0008 423374.01 a08/13/03 9 , 68 (iv) the entering into this Agreement does not violate any provision of any other agreement to which such party is bound. 14.17 Entire Agreement; Amendment. Except as set forth above, this Agreement and the exhibits incorporated herein contain the entire agreement of Buyer and Seller with respect to the matters contained herein, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. No provisions of this Agreement may be amended or modified in any manner whatsoever except by an agreement in writing signed by duly authorized officers or representatives of each of the parties hereto. [END -- SIGNATURE PAGE FOLLOWS] 1066/015610-0008 -10- � 4 1 423374.01 a08/13/03 V 1 69 IN WITNESS WHEREOF, Buyer and Seller each hereby represents that it has read this Agreement, understands it, and hereby executes this Agreement to be effective as of the day and year first written above. ATTEST: June Greek, City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP I' , M. Katherine Jenson, City Attorney SELLER: WILLIAM HALL BUYER: CITY OF LA QUINTA, a California municipal corporation I� City Manager [end of signatures] 1066/015610-0008 -11- '" 4. 423374.01 a08/13/03 70 Chicago Title agrees to act as Escrow Holder in accordance with the terms of this Agreement. 1066/015610-0008 423374.01 a08/13/03 By: _ Name: Its: sp-a 93 71 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY The land referred to is situated in the State of California, County of Riverside, City of La Quinta, and is described as follows: [TO BE INSERTED] APN: 649-090-005 1066/015610-0008 A994 423374.01 a08/13/03 72 EXHIBIT "B" FORM OF GRANT DEED [SEE ATTACHED] 1066/015610-0008 423374.01 a08/13/03 73 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Manager SPACE ABOVE THIS LINE FOR RECORDER'S USE (Exempt from Recordation Fee per Gov. Code § 6103) GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, WILLIAM HALL hereby grants to the CITY OF LA QUINTA, a California municipal corporation, that certain real property located in the City of La Quinta, County of Riverside, State of California, legally described on Attachment No. 1, which is attached hereto, and incorporated herein by this reference, subj ect to all matters of record. Dated: , 2003 WILLIAM HALL 1066/015610-0008 423374.01 a08/13/03 74 STATE OF CALIFORNIA ) ) ss COUNTY OF ) On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 1066/015610-0008 423374.01 a08/13/03 75 ATTACHMENT NO. 1 LEGAL DESCRIPTION OF PROPERTY The land referred to is situated in the State of California, County of Riverside, City of La Quinta, and is described as follows: [TO BE INSERTED] APN: 649-090-005 2337 .01 aO /13/ Attachment 1 to Grant Deed 008 423374.01 a08/13/03 r?,g,y 76 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by a Grant Deed dated from William Hall, to the City of La Quinta, a municipal Corporation, ("City") is hereby accepted by the City by the signature of the undersigned agent on behalf of the City pursuant to the authority conferred upon him by the Resolution No. , adopted on , and that the City, as the Grantee, by its said duly authorized agent, hereby consents to the recordation thereof. DATED: CITY OF LA QUINTA, a Municipal Corporation Bv: Name: Thomas P. Genovese Its: City Manager, City of La Quinta I HEREBY ATTEST to the authenticity of the foregoing signature and to the said adoption of the said Resolution of his general authority to so act and certify that said authority has not been revoked by any subsequent Resolution or order of the City. DATED: June S. Greek, City Clerk, City of La Quinta 1066/015610-0008 Attachment 1 to Grant Deed 423374.01 a08/13/03 01911 77 - Paze EXHIBIT "C" AFFIDAVIT OF NON -FOREIGN ENTITY TO: CITY OF LA QUINTA ("Buyer") The Internal Revenue Code of 1954 ("Code") (26 U.S.C. Sections 1445, 7701) provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. To inform the transferee that withholding of tax is not required upon transfer of that certain U.S. real property interest described in Exhibit "A" to the Agreement for Purchase and Sale and Escrow Instructions dated , 2003, and incorporated herein by reference ("Property"), that the undersigned ("Seller") hereby certifies the following: 1. Seller is not a foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); and 2. The U.S. taxpayer identification number for Seller is ; and 3. The address for mailing purposes of Seller is: and 4. Seller understands that this certification may be disclosed to the Internal Revenue Service by Buyer and that * any false statement contained herein could be punished by fine, imprisonment, or both. Under penalty of perjury, I declare that I have examined this Certification and to the best of my knowledge and belief, it is true, correct, and complete, and I further declare that I have authority to sign this document on behalf of Seller. Dated: 92003 SELLER: WILLIAM HALL 1066/015610-0008 423374.01 a08/13/03 3 C) 78 ATTACHMENT 4 AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS BY AND BETWEEN SANDRA SEELEY ("SELLER") AND CITY OF LA QUINTA ("BUYER") 1066/015610-0008 423272.02 a08/13/03 3C) I TABLE OF CONTENTS 1. PROPERTY....................................................................................................................1 1.1 Improvements.....................................................................................................1 1.2 Fixtures and Personal Property ...........................................................................1 2. PURCHASE PRICE.........................................................................................................1 2.1 Amount.................................................................................................................1 2.2 Payment of Purchase Price....................................................................................1 3. RELOCATION ASSISTANCE........................................................................................1 4. ESCROW..........................................................................................................................1 4.1 Opening of Escrow............................................................................................... l 4.2 Escrow Instructions...............................................................................................1 5. TITLE MATTERS...........................................................................................................1 6. CLOSE OF ESCROW......................................................................................................1 6.1 Close of Escrow; Closing Date.............................................................................1 6.2 Recordation; Release of Funds and Documents...................................................1 7. DELIVERY OF DOCUMENTS REQUIRED FROM BUYER AND SELLER.............1 7.1 Buyer's Obligations..............................................................................................1 7.2 Seller's Obligations...............................................................................................1 8. TITLE INSURANCE POLICY........................................................................................1 8.1 Title Policy............................................................................................................1 8.2 Payment for Title Policy.......................................................................................1 9. REAL PROPERTY TAXES AND ASSESSMENTS......................................................1 10. CONDITIONS PRECEDENT TO CLOSING.................................................................1 10.1 Conditions Precedent to Buyer's Obligations.......................................................1 10.2 Conditions Precedent to Seller's Obligations.......................................................1 11. POSSESSION..................................................................................................................1 12. ALLOCATION OF COSTS.............................................................................................1 12.1 Buyer's Costs........................................................................................................1 12.2 Seller's Costs........................................................................................................ l 13. CONDEMNATION..........................................................................................................1 14. HAZARDOUS MATERIALS.........................................................................................1 15. COVENANTS OF SELLER.............................................................................................1 16. MISCELLANEOUS.........................................................................................................1 16.1 Assignment...........................................................................................................1 1066/015610-0008 423272.02 a08/13/03 _1 80 TABLE OF CONTENTS Page 16.2 Attorney's Fees.....................................................................................................1 16.3 Notices..................................................................................................................1 16.4 Fair Meaning.........................................................................................................1 16.5 Headings...............................................................................................................1 16.6 Choice of Laws; Litigation Matters......................................................................1 16.7 Nonliability of Buyer Officials.............................................................................1 16.8 Gender; Number....................................................................................................1 16.9 Survival.................................................................................................................1 16.10 Time of Essence....................................................................................................1 16.11 Waiver or Modification.........................................................................................1 16.12 Broker's Fees........................................................................................................1 16.13 Duplicate Originals...............................................................................................1 16.14 Severability...........................................................................................................1 16.15 Exhibits.................................................................................................................1 16.16 Authority...............................................................................................................1 16.17 Entire Agreement; Amendment............................................................................1 EXHIBITS Exhibit A Legal Description of Property Exhibit B Form of Grant Deed Exhibit C Form of Affidavit of Non -Foreign Entity Exhibit D Bill of Sale 1066/015610-"8 423272.02 a08/13/03 81 AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS THIS AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS ("Agreement") is made and entered into as of August _, 2003 ("Effective Date") by and between SANDRA SEELEY ("Seller") and the CITY OF LA QUINTA, a California municipal corporation ("Buyer"). RECITALS: A. Seller is the owner of that certain real property located in the City of La Quinta, County of Riverside, State of California, more particularly described in the legal description attached hereto as Exhibit "A" (the "Real Property") improved with a residential dwelling (the "Improvements"). B. Buyer desires to purchase the Property (as that term is defined below) from Seller, and Seller desires to sell the Property to Buyer, on the terms and conditions set forth herein. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing recitals and mutual covenants herein contained, the parties hereto agree as follows: 1. PROPERTY. Subject to all of the terms, conditions and provisions of this Agreement, and for the consideration herein set forth, Seller hereby agrees to sell to Buyer and Buyer hereby agrees to purchase from Seller the Real Property and Seller hereby agrees to sell and Buyer hereby agrees to buy the following: 1.1 Improvements. Seller's interest in and to the Improvements and all tenements, hereditaments and appurtenances thereto, subject to the Permitted Exceptions (as that term is defined in Section 8.1); 1.2 Fixtures and Personal Property. Any and all fixtures and fittings that are attached to the Real Property and Improvements, all existing electrical, mechanical, lighting, plumbing and heating fixtures, ceiling fans, fireplace inserts, gas logs and grates, solar systems, built-in appliances, window and door screens, awnings, shutters, window coverings, attached floor coverings, television antennas, private integrated telephone systems, air coolers/conditioners, pool/spa equipment, garage door openers/remote controls, mailbox, in -ground landscaping, trees/shrubs, water softeners, water purifiers, and security systems/alarms (collectively, the "Fixtures and Personal Property"). The following items are to be excluded from the sale contemplated by this Agreement and shall not be included in the term "Fixtures and Personal Property": (i) any free-standing appliances and furniture; (ii) the Seller's removable shelving located in the garage; and (iii) the Seller's outside sunscreen shades. 1066/015610-0008 423272.02 a08/13/03 82 The Real Property, the Improvements, and the Personal Property are hereinafter collectively referred to as the "Property." 2. PURCHASE PRICE. 2.1 Amount. The purchase price which Seller agrees to accept and Buyer agrees to pay for the Property is the sum of TWO HUNDRED FOUR THOUSAND DOLLARS ($204,000.00) ("Purchase Price"). 2.2 Payment of Purchase Price. On or before 5:00 p.m. on the business day preceding the "Closing Date" (as that term is defined in Section 6.1) or such earlier time as required by "Escrow Holder" in order to close "Escrow" (as those terms are defined in Section 4.1) on the Closing Date, Buyer shall deposit with Escrow Holder the Purchase Price. 3. RELOCATION ASSISTANCE. In addition to the Purchase Price, Seller may also be entitled to relocation assistance pursuant to State Relocation Assistance Law (California Government Code Sections 7260 et seq.; Relocation Assistance and Real -Property Acquisition Guidelines, California Administrative Cove Title 25), or local relocation guidelines. Seller hereby acknowledges that Buyer is not responsible for obtaining relocation assistance for Seller on Seller's behalf. It shall be Seller's sole responsibility to obtain any relocation assistance that Seller desires or requires from the appropriate governmental entity and/or agency in connection with Seller's relocation. 4. ESCROW. 4.1 Opening of Escrow. Closing of the sale of the Property shall take place through an escrow ("Escrow") to be established within three (3) business days after the execution of this Agreement by the parties hereto, with Chicago Title ("Escrow Holder") at its office located at 72980 Fred Waring Drive, Suite B, Palm Desert, California, 92260. The opening of the Escrow (the "Opening of Escrow") shall be deemed to be the date that a fully executed copy of this Agreement is delivered to the Escrow Holder. Escrow Holder is instructed to notify Buyer and Seller in writing of the date of the Opening of Escrow. 4.2 Escrow Instructions. This Agreement, once deposited in Escrow, shall constitute the joint escrow instructions of Buyer and Seller to Escrow Holder. Additionally, if Escrow Holder so requires, Buyer and Seller agree to execute the form of escrow instructions that Escrow Holder customarily requires in real property escrows administered by it. In the event of any conflict or inconsistency between Escrow Holder's standard instructions and the provisions of this Agreement, the provisions of this Agreement shall supersede and be controlling. 5. TITLE MATTERS. Buyer shall obtain a preliminary title report prepared by Chicago Title ("Title Company") describing the state of title of the Property together with copies of all underlying documents (collectively, the "Preliminary Title Report"). Buyer may, at its sole cost and expense, obtain a current survey of the Property (the "Survey"). Notwithstanding anything herein to the contrary, Seller shall be obligated to remove all monetary encumbrances against the Property excluding non -delinquent real property taxes (except as otherwise provided for in Section 9 below). Buyer shall notify Seller in writing of any objections Buyer may have to title exceptions contained in the Preliminary Title Report or matters shown on the Survey (if Buyer 1066/015610-0008 423272.02 a08/13/03 2 , 83 has obtained) no later than the date which is fifteen (15) days after the later of (i) its receipt of the Preliminary Title Report or (ii) its receipt of the Survey ("Buyer's Objection Notice"). Buyer's approval or disapproval of the matters set forth in the Preliminary Title Report (and the Survey, if applicable) may be granted or withheld in Buyer's sole and absolute discretion. Buyer's failure to provide Seller with a Buyer's Objection Notice within said period shall constitute Buyer's approval of all exceptions to title shown on the Preliminary Title Report and all matters shown on the Survey (if Buyer has obtained). Seller shall have a period of five (5) days after receipt of Buyer's Objection Notice in which to deliver written notice to Buyer ("Seller's Notice") of Seller's election to either (i) agree to remove the objectionable items on the Preliminary Title Report or Survey prior to the Close of Escrow, or (ii) decline to remove any such title exceptions or Survey matters and terminate Escrow and the obligations of Buyer and Seller to purchase and sell the Property under this Agreement. Seller's failure to provide Buyer with Seller's Notice within said period shall constitute Seller's election to remove the objectionable items on the Preliminary Title Report. If Seller notifies Buyer of its election to terminate rather than remove the objectionable items on the Preliminary Title Report or Survey, Buyer shall have the right, by written notice delivered to Seller within five (5) days after Buyer's receipt of Seller's Notice, to agree to accept the Property subject to the objectionable items, in which event Seller's election to terminate shall be of no effect, and Buyer shall take title at the Close of Escrow subject to such objectionable items without any adjustment to or credit against the Purchase Price. All exceptions to title shown on the Preliminary Title Report, other than those which Seller may agree to remove pursuant to this Section 4.2, shall be deemed to have been approved by Buyer unless Seller is notified otherwise in writing. Upon the issuance of any amendment or supplement to the Preliminary Title Report which adds additional exceptions, including any survey exceptions, the foregoing right of review and approval shall also apply to said amendment or supplement. The process set forth above for Buyer's review and Seller's response shall apply to any review and response with respect to any amendment or supplement to the Preliminary Title Report, and the Closing shall be extended for such period as is necessary to allow for that review and response process to be completed. 6. CLOSE OF ESCROW. 6.1 Close of Escrow; Closing Date. Provided that all of the conditions of this Agreement precedent to the "Close of Escrow" (as hereinafter defined) as set forth in Section 10 below have been satisfied (or waived by the appropriate party) prior to or on the Closing Date, the Closing of this transaction for the sale and purchase of the Property shall take place on the date which is ninety (90) days after the Effective Date ("Outside Closing Date"). Notwithstanding the foregoing, in the sole discretion of Seller and so long as all of "Buyer's Conditions to Closing" and all of "Seller's Conditions to Closing" (as those terms are defined in Section 10) have been satisfied (or waived by the appropriate party), Seller may elect to authorize the Closing before the Outside Closing Date. The terms "Close of Escrow", "Closing Date" and the "Closing" are used herein to mean the time Seller's grant deed conveying fee title to the Property to Buyer is recorded in the Official Records of the Office of the County Recorder of Riverside ("Official Records"). If Escrow is not in a condition to close by the Outside Closing Date, either party not then in default hereunder may, upon five (5) days advance written notice to the other party and Escrow Holder, elect to terminate this Agreement and the Escrow. No such 1066/015610-0008 _ _ " 423272.02 a08/13/03 3 84 termination shall release either party then in default from liability for such default. If neither party so elects to terminate this Agreement and the Escrow, Escrow Holder shall close the Escrow as soon as possible. 6.2 Recordation; Release of Funds and Documents. 6.2.1 Escrow Holder is directed, on the Closing Date, to record in the Official Records, the following documents in the order listed: (i) the grant deed (in the form attached hereto as Exhibit `B") transferring title to the Property to Buyer ("Grant Deed"); and (ii) such other and further documents as may be directed jointly by Buyer and Seller. 6.2.2 Upon the Closing, Escrow Holder shall deliver (i) the Purchase Price, less any amount to pay property taxes and/or assessments allocable to Seller pursuant to Section 9, and (ii) conformed copies of all recorded documents to both Buyer and Seller. 7. DELIVERY OF DOCUMENTS REQUIRED FROM BUYER AND SELLER. 7.1 Buyer's Obli ate ions. Buyer agrees that on or before 5:00 p.m. of the last business day immediately preceding the Closing Date, Buyer shall deposit or cause to be deposited with Escrow Holder the following: (a) the Purchase Price; and (b) any and all additional funds, instruments or other documents required from Buyer (executed and acknowledged where appropriate) as may be reasonably necessary in order for the Escrow Holder to comply with the terms of this Agreement. 7:2 Seller's Obligations._ Seller agrees that on or before 5:00 p.m. of the last business day immediately preceding the Closing Date, Seller shall deposit or cause to be deposited with Escrow Holder each of the following: (c) the executed and acknowledged Grant Deed, subject only to the Permitted Exceptions (defined hereafter); (d) a Certificate of Non -Foreign Status (the "Non -Foreign Affidavit") executed and acknowledged by Seller in the form attached hereto as Exhibit "C", (e) a Bill of Sale (the "Bill of Sale") executed and acknowledged by Seller in the form attached hereto as Exhibit "D"; and (f) all other funds, items, and instruments required from Seller (executed and acknowledged where appropriate) as may be reasonably necessary in order for Escrow Holder to comply with the provisions of this Agreement. 8. TITLE INSURANCE POLICY. 8.1 Title Policy. At the Closing Date, the Title Company, as insurer, shall issue a CLTA owner's standard coverage policy of title insurance ("Title Policy"), in favor of Buyer, as 1066/015610-0008 423272.02 a08/13/03 4 3 0 7 85 .� insured, with liability in the amount of the Purchase Price, subject to the following (the "Permitted Exceptions"): (g) non -delinquent real property taxes, subject to Seller's obligations to pay certain taxes pursuant to Section 9 below; (h) covenants, conditions, restrictions and reservations of record that do not interfere with the Buyer's proposed use of the Property, as determined in the sole and absolute discretion of Buyer; (i) easements or rights -of -way over the Property for public or quasi -public utility or public street purposes; (j) title exceptions approved or deemed approved by Buyer pursuant to Section 4.2 above; (k) any other exceptions approved by Buyer; and (1) the standard printed conditions and exceptions contained in the CLTA standard owner's policy of title insurance regularly issued by the Title Company. 8.2 Payment for Title Policy. Buyer shall be responsible for the charges for the Title Policy with coverage up to the amount of the Purchase Price. Buyer shall pay any additional coverage or endorsements it requests. Buyer may, at its election and expense, request an ALTA extended policy of title insurance. Buyer shall also pay for the Survey, if applicable. 9. REAL PROPERTY TAXES AND ASSESSMENTS. Upon Buyer's acquisition of fee title to the Property, the Property will be exempt from the payment of property taxes due to Buyer's status as a public agency. Seller shall be responsible for paying (through Escrow at Closing) all real and personal property taxes and assessments which are of record as of the Closing Date and/or have accrued against the Property prior to (and including) the Closing Date (notwithstanding whether such taxes and/or assessments are due and payable as of the Closing Date). Seller hereby acknowledges and agrees that Seller is obligated to completely payoff, at Closing, any amounts outstanding under the City of La Quinta Assessment District 2000-1 (notwithstanding whether such assessment is due and payable as of the Closing Date). Seller shall also be responsible for paying for all real or personal property taxes or assessments assessed against the Property after the Closing for any period prior to the Closing. 10. CONDITIONS PRECEDENT TO CLOSING. 10.1 Conditions Precedent to Buyer's Obligations._ The obligations of Buyer under this Agreement to purchase the Property and close the Escrow shall be subject to the satisfaction or signed written waiver by Buyer of each and all of the following conditions precedent (collectively, "Buyer's Conditions to Closing"): (m) on the Closing Date, the Title Company shall be irrevocably committed to issue the Title Policy pursuant to Section 8 above insuring fee title to the Property as being vested in Buyer, subject only to the Permitted Exceptions; 1066/015610-0008 423272.02 a08/13/03 86 (n) Escrow Holder holds all instruments and funds required for the Closing and will deliver to Buyer the instruments and funds, if any, accruing to Buyer pursuant to this Agreement; (o) except as otherwise permitted by this Agreement, all representations and warranties by the Seller in this Agreement shall be true on and as of the Closing Date as though made at that time and all covenants of Seller pursuant to this Agreement shall have been fulfilled by the Closing Date; (p) Seller is not in material default of any term or condition of this Agreement; (q) thirty-five (35) days have expired from the date the Buyer files a notice of determination ("Notice of Determination") with the County Clerk of the County of Riverside ("County Clerk") approving and certifying an addendum (the "Addendum") to the Initial Study/Mitigation Negative Declaration for Jefferson Street Improvements originally certified by the City of La Quinta on May 18, 1999, State Clearinghouse Number 99031046, which such Notice of Determination shall be filed by Buyer with the County Clerk within a reasonable amount of time after execution of this Agreement by both parties; and (r) as of the Closing Date, no judicial or administrative challenges have been presented or filed against the findings made in the Addendum or against the Addendum itself. In the event that any of Buyer's Conditions to Closing are not satisfied, deemed satisfied, or waived in a writing signed by Buyer prior to the expiration of the applicable period for satisfaction or waiver, Buyer may terminate this Agreement. 10.2 Conditions Precedent to Seller's Obligations._ The obligations of Seller under this Agreement shall be subject to the satisfaction or signed written waiver by Seller of each and all of the following conditions precedent ("Seller's Conditions to Closing"): (s) Escrow Holder holds the Purchase Price and all other instruments and funds required for the Closing and will deliver to Seller the instruments and funds, including but not limited to the Purchase Price (less Seller's closing costs) accruing to Seller pursuant to this Agreement; (t) except as otherwise permitted by this Agreement, all representations and warranties by the Buyer in this Agreement shall be true on and as of the Closing Date as though made at that time and all covenants of Buyer pursuant to this Agreement shall have been fulfilled by the Closing Date; and (u) Buyer is not in material default of any term or condition of this Agreement. In the event that any of Seller's Conditions to Closing are not satisfied, deemed satisfied, or waived in a writing signed by Seller prior to the expiration of the applicable period for satisfaction or waiver, Seller may terminate this Agreement. 1066/015610-0008 423272.02 a08/13/03 6 87 11. POSSESSION. Possession of the Property shall be delivered by Seller to Buyer on the Closing Date, subject only to the Permitted Exceptions. 12. ALLOCATION OF COSTS. 12.1 Buyer's Costs. Buyer shall pay all closing costs associated with this Agreement and the conveyance of the Property from Seller to Buyer, including any and all escrow and title fees, recording fees, documentary transfer- tax, the premium for the Title Policy (plus any additional fee for ALTA extended coverage and/or title endorsements requested by Buyer), and Buyer's own attorney's fees in connection with this Agreement and the transactions contemplated hereby. 12.2 Seller's Costs. Seller shall pay Seller's own attorney's fees, if any, in connection with this Agreement and the transactions contemplated hereby. 13. CONDEMNATION. In the event that, prior to the Close of Escrow, any governmental entity shall commence any proceedings of or leading to eminent domain or similar type proceedings to take all or any portion of the Property, Buyer or Seller shall promptly meet and confer in good faith to evaluate the effect of such action on the purposes of this Agreement. 14. HAZARDOUS MATERIALS. To the best of Seller's knowledge, the Property has not at any time been used for the purposes of storing, manufacturing, releasing or dumping Hazardous Materials. For purposes of this Agreement, the term "Hazardous Materials" shall mean (1) hazardous wastes, hazardous materials, hazardous substances, hazardous constituents, toxic substances or related materials, whether solids, liquids or gases, including, but not limited to, substances deemed as "hazardous wastes," "hazardous materials," "hazardous substances," "toxic substances," "pollutants," "contaminants," "radioactive materials," or other similar designations in, or otherwise subject to regulation under, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended ("CERCLA"), 42 U.S.C. § 9601 et seq.; the Toxic Substance Control Act ("TSCA"), 15 U.S.C. § 2601 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 1802; the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 9601, et seq.; the Clean Water Act ("CWA"), 33 U.S.C. § 1251 et seq.; the Safe Drinking Water Act, 42 U.S.C. § 300 et seq.; the Clean Air Act ("CAA"), 42 U.S.C. § 7401 et seq.; the Hazardous Waste Control Law, California Health and Safety Code § 25025 et seq., the Carpenter -Presley -Tanner Hazardous Substance Account Act, California Health and Safety Code, Division 20, Chapter 6.8, the Hazardous Materials Release Response Plans and Inventory Act, California Health and Safety Code, Division 20, Chapter 6.95, The Underground Storage of Hazardous Substances Act, California Health and Safety Code, Division 20, Chapter 6.7, the Porter -Cologne Act, California Water Code § 13050 et seq. and in any permits, licenses, approvals, plans, rules, regulations or ordinances adopted, or other criteria and guidelines promulgated pursuant to the preceding laws or other similar federal, state or local laws, regulations, rules or ordinances now or hereafter in effect relating to environmental matters (collectively the "Environmental Laws"); and (ii) any other substances, constituents or wastes subject to any applicable federal, state or local law, regulation, ordinance or common law doctrine, including any Environmental Law, now or hereafter in effect, including, but not limited to, (A) petroleum, (B) refined petroleum products, (C) waste oil, (D) waste aviation or motor 1066/015610-0008 1 0 423272.02 a08/13/03 7 vehicle fuel, (E) asbestos, (F) lead in water, paint or elsewhere, (G) radon, (H) polychlorinated biphenyls (PCB's) and (I) ureaformaldehyde. Seller agrees to indemnify, defend and hold Buyer and its respective officers, officials, members, employees, . agents or representatives harmless from any and all losses, liability, claims, causes of action, demands, damages, costs, fees and expenses (including, but not limited to, attorneys' fees, expert witness fees and costs) arising directly or indirectly from any Hazardous Materials which were placed on the Property by Seller or Seller's employees, agents and/or representatives during the time period that Seller owned fee title to and/or occupied the Property. 15. COVENANTS OF SELLER. Seller agrees that during the period between the Effective Date of this Agreement and the Closing Date: (v) Seller shall maintain the Property in not less than the state of repair as that existing on the Effective Date (excepting ordinary wear and tear and the demolition and removal required to be performed by Seller pursuant to this Agreement); (w) Seller shall not convey, grant, lease, assign, mortgage, hypothecate, encumber, or otherwise transfer (on or off record) the Property or any interest therein; (x) Prior to Closing, Seller shall maintain Seller's existing insurance, if any, on the Property; and (y) Prior to the Closing, Seller shall not alter the physical condition of the Property or introduce or release, or permit the introduction or release, of any Hazardous Materials in, from, under, or on the Property. 16. MISCELLANEOUS. 16.1 Assignment. This Agreement shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, personal representatives, successors and assigns. Neither party to this Agreement may assign this Agreement or any interest or right hereunder or under the Escrow without the prior written consent and approval of the other party, which consent and approval may be withheld in the sole and absolute discretion of either party. No provision of this Agreement is intended nor shall in any way be construed to benefit any party not a signatory hereto or to create a third party beneficiary relationship. 16.2 Attorney's Fees. In the event of any action between Buyer and Seller seeking enforcement of any of the terms and conditions to this Agreement or the Escrow or otherwise in connection with the Property, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including without limitation its expert witness fees and reasonable attorney's fees. 16.3 Notices. All notices under this Agreement shall be effective upon personal delivery, via facsimile so long as the sender receives confirmation of successful transmission from the sending machine, or three (3) business days after deposit in the United States mail, 1066/015610-0008 423272.02 a08/13/03 _p_ 89 311 registered, certified, postage fully prepaid and addressed to the respective parties as set forth below or as to such other address as the parties may from time to time designate in writing: To Seller: Sandra Seeley 46305 Jefferson Street La Quinta, CA 92253 To Buyer: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Manager Facsimile No.: (760) 777-7101 Copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92628-1950 Attn: M. Katherine Jenson, Esq. Facsimile No.: (714) 546-9035 16.4 Fair Meaning. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. 16.5 Headings. The headings at the beginning of each numbered Section of this Agreement are solely for the convenience of the parties hereto and are not a part of this Agreement. 16.6 Choice of Laws; Litigation Matters. This Agreement shall be governed by the internal laws of the State of California and any question arising hereunder shall be construed or determined according to such law. The Municipal and Superior Courts of the State of California in and for the County of Riverside, or such other appropriate court in such county, shall have exclusive jurisdiction of any litigation between the parties concerning this Agreement. Service of process on Buyer shall be made in accordance with California law. Service of process on Seller shall be made in any manner permitted by California law and shall be effective whether served inside or outside California. 16.7 Nonliabilityof Buyer Officials. No officer, official, member, employee, agent, or representatives of Buyer shall be liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon shall be personally enforced against any such officer, official, member, employee, agent, or representative. 16.8 Gender; Number. As used in this Agreement, masculine, feminine, and neuter gender and the singular or plural number shall be deemed to include the others wherever and whenever the context so dictates. 16.9 Survival. This Agreement and all covenants to be performed after the Closing, and, except as otherwise set forth herein, all representations and warranties contained herein, shall survive the Closing Date and shall remain a binding contract between the parties hereto. 314 1066/015610-0008 423272.02 a08/13/03 In 16.10 Time of Essence. Time is of the essence of this Agreement and of each and every term and provision hereof, it being understood that the parties hereto have specifically negotiated the dates for the completion of each obligation herein. 16.11 Waiver or Modification. A waiver of a provision hereof, or modification of any provision herein contained, shall be effective only if said waiver or modification is in writing, and signed by both Buyer and Seller. No waiver of any breach or default by any party hereto shall be considered to be a waiver of any breach or default unless expressly provided herein or in the waiver. 16.12 Broker's Fees. Seller and Buyer represent and warrant to the other that neither Buyer nor Seller has employed any broker and/or finder to represent its interest in this transaction. Each party agrees to indemnify and hold the other free and harmless from and against any and all liability, loss, cost, or expense (including court costs and reasonable attorney's fees) in any manner connected with a claim asserted by any individual or entity for any commission or finder's fee in connection with the conveyance of the Property arising out of agreements by the indemnifying party to pay any commission or finder's fee. 16.13 Duplicate Originals. This Agreement may be executed in any number of duplicate originals, all of which shall be of equal legal force and effect. 16.14 Severability. If any term, covenant or condition of this Agreement or the application thereof to any person, entity, or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant, or condition to persons, entities, or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 16.15 Exhibits. The following exhibits are attached hereto and incorporated herein by this reference: Exhibit "A" Legal Description of Property Exhibit "B" Grant Deed Exhibit "C" Non -Foreign Affidavit Exhibit "D" Bill of Sale 16.16 Authorily. The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which such party is bound. 16.17 Entire Agreement; Amendment. Except as set forth above, this Agreement and the exhibits incorporated herein contain the entire agreement of Buyer and Seller with respect to the matters contained herein, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. No provisions of this Agreement may be amended or 1066/015610-0008 -10- 423272.02 a08/13/03 31.3 91 modified in any manner whatsoever except by an agreement in writing signed by duly authorized officers or representatives of each of the parties hereto. [END -- SIGNATURE PAGE FOLLOWS] 1066/015610-0008 -11- 423272.02 a08/13/03 314 92 IN WITNESS WHEREOF, Buyer and Seller each hereby represents that it has read this Agreement, understands it, and hereby executes this Agreement to be effective as of the day and year first written above. ATTEST: June Greek, City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP 0 M. Katherine Jenson, City Attorney 1066/015610-0008 423272.02 a08/13/03 SELLER: SANDRA SEELEY BUYER: CITY OF LA QUINTA, a California municipal corporation 0 City Manager [end of signatures] -12- 31) 93 Chicago Title agrees to act as Escrow Holder in accordance with the terms of this Agreement. CHICAGO TITLE By: _ Name: Its: 1066/015610-0008 -13 - 423272.02 a08/13/03 94 -316 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY The land referred to is situated in the State of California, County of Riverside, City of La Quinta, and is described as follows: [TO BE INSERTED] APN: 649-071-016 1066/015610-0008 423272.02 a08/13/03 95 317 EXHIBIT "B" FORM OF GRANT DEED [SEE ATTACHED] 1066/015610-0008 423272.02 a08/13/03 318 M. RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Manager SPACE ABOVE THIS LINE FOR RECORDER'S USE (Exempt from Recordation Fee per Gov. Code § 6103) GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SANDRA SEELEY hereby grants to the CITY OF LA QUINTA, a California municipal corporation, that certain real property located in the City of La Quinta, County of Riverside, State of California, legally described on Attachment No. 1, which is attached hereto, and incorporated herein by this reference, subject to all matters of record. Dated: , 2003 SANDRA SEELEY 1066/015610-0008 423272.02 a08/13/03 STATE OF CALIFORNIA ) ) ss COUNTY OF ) On , before me, 31 personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 1066/015610-0008 423272.02 a08/13/03 3 � D 98 ATTACHMENT NO. 1 LEGAL DESCRIPTION OF PROPERTY The land referred to is situated in the State of California, County of Riverside, City of La Quinta, and is described as follows: [TO BE INSERTED] APN: 649-071-016 2327 .02 0 0008 8/13/ Attachment 1 to Grant Deed 423272.02 a08/13/03 99 391 W CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by a Grant Deed dated from Sandra Seeley, to the City of La Quinta, a municipal Corporation, ("City") is hereby accepted by the City by the signature of the undersigned agent on behalf of the City pursuant to the authority conferred upon him by the Resolution No. , adopted on , and that the City, as the Grantee, by its said duly authorized agent, hereby consents to the recordation thereof. DATED: CITY OF LA QUINTA, a Municipal Corporation Bv: Name: Thomas P. Genovese Its: City Manager, City of La Quinta I HEREBY ATTEST to the authenticity of the foregoing signature and to the said adoption of the said Resolution of his general authority to so act and certify that said authority has not been revoked by any subsequent Resolution or order of the City. DATED: June S. Greek, City Clerk, City of La Quinta 1066/015610-0008 Attachment 1 to Grant Deed 423272.02 a08/13/03 100 3� 2 EXHIBIT "C" AFFIDAVIT OF NON -FOREIGN ENTITY TO: CITY OF LA QUINTA ("Buyer") The Internal Revenue Code of 1954 ("Code") (26 U.S.C. Sections 1445, 7701) provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. To inform the transferee that withholding of tax is not required upon transfer of that certain U.S. real property interest described in Exhibit "A" to the Agreement for Purchase and Sale and Escrow Instructions dated , 2003, and incorporated herein by reference ("Property"), that the undersigned ("Seller") hereby certifies the following: 1. Seller is not a foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); and 2. The U.S. taxpayer identification number for Seller is ; and 3. The address for mailing purposes of Seller is: and 4. Seller understands that this certification may be disclosed to the Internal Revenue Service by Buyer and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalty of perjury, I declare that I have examined this Certification and to the best of my knowledge and belief, it is true, correct, and.complete, and I further declare that I have authority to sign this document on behalf of Seller. Dated: , 2003 SELLER: SANDRA SEELEY 101 323 Page EXHIBIT "D" BILL OF SALE SANDRA SEELEY (the "Seller"), in consideration of good and valuable consideration in hand paid by THE CITY OF LA QUINTA (the "Buyer"), the receipt and sufficiency of which is hereby acknowledged, does by these presents release, transfer, bargain, sell, assign and convey unto the Buyer, its successors and assigns, all of the Personal Property as such is defined in that certain Agreement for Purchase and Sale and Escrow Instructions between Seller and Buyer executed , 2003, as such may have been amended. Seller does hereby represent and warrant that all such property is free and clear of all security interests, liens and encumbrances other than those assumed by Buyer and in good working order and condition. Seller does hereby covenant with Buyer that it has good right to sell, transfer, convey and assign all of right, title and interest in the same to Buyer and will warrant and defend the same in favor of Buyer, its successors and assigns.. IN WITNESS WHEREOF, the Seller has caused these presents to be signed as of this day of 92003. SELLER: SANDRA SEELEY 102 3 ` 4 ^�.L j"`T •" N3aaN3N %A $a � �":�� f"•� � ruteoa ale...— -- - �`'� FIESTA OR �y SI r t{ 11 9 I j- irt � r :•ice � L I PALM CIRCLE 25 i I A.� I . 1 ryp� .z. ii�r,=• it +-�s�itY� WESTWARD HO DR y� m '4 a 32a ern-r- c�M OF TNti9 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: August 19, 2003 3 BUSINESS SESSION: ITEM TITLE: Consideration of Adoption of a Resolution to Increase the Compensation for City Commissioners, Board Members and Committee Members RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The proposed action will increase the compensation of the Architectural and Landscaping Review Committee, Cultural Arts Commission, Community Services Commission, Historical Preservation Commission and Investment Advisory Board. The monthly maximum compensation will increase to $75.00. The Palm Springs Airport Commissioner (La Quinta Representative) is presently not compensated. The proposed Resolution would also authorize compensation for the Airport Commissioner in the amount of $75.00 per meeting with a monthly maximum of $75.00. The additional annual impact would be $7,800, which would be funded from the General Fund Unallocated Reserves Account 101-000-300-290. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: City Ordinance 2.06.050 permits the City Council to set compensation levels for members of City Boards, Commissions and Committees. The last action to adjust the compensation of the Architectural and Landscaping Review Committee (3 members), Cultural Arts Commissions (5 members), Community Services Commission (5 326 members), Historical Preservation Commission (5 members), Investment Advisory Board (5 members) was in November 1995. The Palm Springs Airport Commissioner (La Quinta Representative) is currently not compensated. The City Council recently approved a Resolution that increased the Planning Commissioners' compensation by $25.00 per meeting with a monthly maximum to $200.00. The attached Resolution will increase the compensation for members of the referenced Boards, Commissions and Committees from $50.00 to $75.00 per meeting, with a monthly maximum of $75.00. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution increasing the compensation for City Commissioners, Board Members and Committee Members; or 2. Do not adopt a Resolution increasing the compensation for City Commissioners, Board Members and Committee Members; or 3. Provide staff with alternative direction. Respectfully submitted, r� Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager 2 32i RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, TO INCREASE THE COMPENSATION FOR CITY COMMISSIONERS, BOARD MEMBERS AND COMMITTEE MEMBERS WHEREAS, the City Council has set the compensation level for City Boards, Commissions and Committees as indicated in the La Quinta Charter and Municipal Code Section 2.06.050. WHEREAS, the City Council wishes to increase the compensation of Board, Commission and Committee members. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: The City Council hereby increases the compensation of the following Board, Committee and Commission members from $25.00 per meeting to $75.00, with a monthly maximum of $75.00. Architectural and Landscaping Review Committee Cultural Arts Commission Community Services Commission Historical Preservation Commission Investment Advisory Board The City Council hereby authorizes compensation for the Palm Springs Airport Commissioner (La Quinta Representative) in the amount of $75.00 per meeting with a monthly maximum of $75.00. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 19th day of August, '2003, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: 328 3 Resolution No. 2003- Compensation Increase for City Commissioners, Board Members and Committee Members Adopted: August 19, 2003 Page 2 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 STANLEY SNIFF, Mayor Pro Tern City of La Quinta, California 329 4 COUNCIL/RDA MEETING DATE: August 19, 2003 ITEM TITLE: Consideration of an Interactive Water Feature for the La Quinta Park RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None for this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: At the March 4, 2003 City Council meeting, the City Council approved issuance of a Request for Proposals (RFP) for an interactive water feature for the La Quinta Park. The location of the interactive water feature at the La Quinta Park is shown on Attachment 1. RFP's were sent to artists that had registered with the City as part of the Artist Bank, as well as those that requested an RFP in response to the information provided in the Desert Sun, La Quinta Chamber of Commerce Gem, the Riverside Arts Council publication and the A/E Consultants Information Network. At the April 10, 2003 Cultural Arts Commission meeting, the Commission reviewed the only proposal received, "Water Dragon," submitted by Alber De Matteis. Mr. De Matteis has experience working with the City of La Quinta, as he is the artist that designed and installed the art work at Fritz Burns Park, which includes the spray towers, sidewalk mosaics and the gates at the pool house. 330 The Cultural Arts Commission recommended the project for City Council consideration along with the proposed budget. At the May 6, 2003 City Council meeting, the City Council directed staff to contact the artist for redesign of the artwork to consist of water spraying up from the ground, as provided in Attachment 2. Staff contacted the artist regarding the Council's desires. Mr. De Matteis stated that he was unable to produce such an art piece. Staff then contacted three water feature designers that produce the type of artwork the City Council desires for the La Quinta Park. The three designers are: HydroDramatics, Waterworks International and Splashpad by Vortex. Each of these companies provide water features that can be custom designed for the La Quinta Park based upon the location and budget for the project. A preliminary design using a drain way system with the type of amenities that shoot water from the ground has been proposed by Vortex at a cost of $46,665 for equipment and an additional $15,000 for installation, bringing the total cost to $59,665. The preliminary design is provided as Attachment 3. Before an interactive water feature can be designed by the above mentioned companies, the drainage system for the water must be considered. All three companies offer designs that are "drain away operating systems" or "filtration and chemical treatment systems." The drain away operating system uses water provided by the City's potable water supply. The used water is then drained to the appropriate location. The filtration and chemical treatment system collects the water and re -circulates the water through a filter system. Once the type of water usage system is determined, a design can be provided along with a budget for the design. It is estimated that the filtration and chemical treatment system would add approximately $25,000 to the cost of the project over the standard drain away system. In addition, regular maintenance is required, which can be performed by a pool cleaning contractor. Another water saving system that can be designed into the project is the use of low flow rate nozzles. The average "ground geyser" low flow rate nozzle uses 4-6 gpm (gallons per minute) as provided in Attachment 4. As reference, the average shower head delivers 3 gpm. Not all types of water feature amenities are available in the low flow rate nozzles. It will be necessary to hire a landscape architect familiar with the design and installation of interactive water features to ensure the project is designed and installed properly in the location. Staff is seeking direction regarding the drainage system for the La Quinta Park interactive water feature, along with flow rate nozzles and authorization to issue a S:\CityMgr\STAFF REPORTS ONLY\BS2.La Quinta Park Water Feature 08-19-03..doc 2 ? 1 Request for Proposals for a landscape architect to design and coordinate the project. If a Request for Proposals is approved, a Professional Services Agreement will be presented for City Council approval. Any additional allocation needed for the project will be requested at that time. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the use of a filtration system and low flow rate nozzles for the La Quinta Park interactive water. feature and authorize a Request for Proposals for a landscape architect to design and coordinate this project; or 2. Authorize the use of a drain away system and low flow rate nozzles for the La Quinta Park interactive water feature and authorize a Request for Proposals for a landscape architect to design and coordinate this project; or 3. Authorize either a filtration or drain away system and/or regular flow or low flow rate nozzles for the La Quinta Park interactive water feature and authorize a Request for Proposals for a landscape architect to design and coordinate this project; or 4. Do not authorize a drainage system and/or flow rate nozzles and/or a Request for Proposals for a landscape architect for the La Quinta Park interactive water feature; or 5. Provide staff with alternative direction. Respectfully submitted, V, Dodie Horvitz, Co unity Services Director Approved for submission by: Thomas P. Genovese, City Manager S:\CityMgr\STAFF REPORTS ONLY\BS2.La Quinta Park Water Feature 08-19-03..doc 3 � a-32 Attachments: 1. Site Map 2. Minutes of the May 6, 2003 City Council Meeting 3. Proposed Design Elements by Vortex 4. Example of Ground Geyser Flow Rate Comparison S:\CityMgr\STAFF REPORTS ONLY\BS2.La Quinta Park Water Feature 08-19-03..doc 4 ATTACHMENT 1 ATTACHMENT 2 City Council Minutes 7 May 6, 2003 3. CONSIDERATION OF MODIFICATION TO THE DESERT DOLMEN ART PIECE. Community Services Director Horvitz presented the staff report. In response to Council Member Osborne, City Attorney Jenson stated a one - page addendum to the Art Purchase Agreement can be prepared to address the modification. In response to Council Member Sniff, Roger Hopkins, the artist, stated the stone in the center is representative of the sitting stone that would be replaced. The stone will have narrow slits of light that will radiate out from under the stone. Council Member Osborne asked if the modification has been reviewed by the Cultural Arts Commission, to which Ms. Horvitz responded, "No." In response to Mayor Adolph, Ms. Horvitz explained the structural information was not received in time to present the modification at the last Cultural Arts Commission meeting, and in the interest of time, staff decided to bring the change directly to the City Council. In response to Council Member Sniff, Mr. Hopkins explained how the stones will be stabilized. MOTION - It was moved by Council Members Sniff/ to authorize the modification to the "Desert Dolmen" art feature (located at the northeast corner of Lake La Quinta Drive and Washington Street), and modify the Art Purchase Agreement as appropriate and approved by the City Attorney. Motion carried unanimously. MINUTE ORDER NO. 2003-36. 4. CONSIDERATION OF THE LA QUINTiA PARK WATER FEATURE. Community Services Director Horvitz presented the staff report. Council Member Sniff stated he showed the rendering to some of his neighbors, and their feeling was that it is somewhat unattractive and potentially frightening for children. He suggested sending it back for a design that is more suitable and appropriate to water activities, such as dolphins, fish, tortoises, etc. Council Member Osborne stated he doesn't have a problem with a potential change but noted the rendering in the staff report makes it difficult to see how the dragon design will look. 3?�56 City Council Minutes Ms. Horvitz stated the dragon would be very colorful. May 6, 2003 Council Member Perkins shared some of Council Member Sniff's concerns but stated he feels children today are more knowledgeable about such things. He doesn't have a problem with the proposed design. Council Member Henderson referred to similar designs in the fence around Washington Elementary School in Palm Desert that had to be modified because it frightened the children. She noted, however, that was prior to children getting into dinosaurs, which may have changed the perspective. She commented on the water leak problem at the water feature at Fritz Burns Park, and stated she is hesitant to approve another water feature without a better on/off control system. Council Member Perkins suggested having a constant water flow from the dragon with a recirculating water system. Council Member Sniff commented on that being a potential water pollution problem. Ms. Horvitz stated staff will find out if more -reliable, mechanisms are available, and noted the water feature mechanism at Adams Park has been replaced with a more durable unit. She pointed out the Fritz Burns Park water feature was done in 1996. In response to Council Member Osborne, Ms. Horvitz confirmed the water feature is designed for water to sprinkle from the arch of the dragon and for mist to come from the mouth area. Mayor Adolph voiced concern about the plastic coating being a maintenance problem, and stated his vision of a water feature at the park was water shooting up from the ground. He felt that would provide water for children to play in without climbing and getting hurt. Council Member Perkins stated he likes the idea of a water feature shooting water up from the ground. After a brief discussion, Council concurred to send the design back to the artist, and request a water feature that sprays water in irregular intervals. MOTION - It was moved by Council Members Sniff/Henderson to reject the "Water Dragon" water feature design and send it back to the artist for redesign. Motion carried unanimously. MINUTE ORDER NO. 2003-37. 3 3 rJ i a j1 .4� is s77 awn - � •" "�'' � ��"s� • p�,. '+'d- '.p 6 •Y �t Y..j, 'x:#r- i-ry l �' R r •te � f` 5 V. it, c+ � Y T 1� 'm' 71d.1 s� 4 �j. ..� .'.,..�•- /J � .wr #+�` *+•C� � +'� ... '—,► .. i4R, olc ` t� t a1 >• �`� +. ,y,� y.t- 1, s'.ac.F.r r ,,,: h. ,�+w'� •, 9 - �' � � ma`s. �s t� Al t +! t yT y a SMS aN00101 na n a m FLOW RATE bar ATTACHMENT 4 VOR-0300 -f.,,;.. The little ones love to frolic in this flush -mounted ground spray that fez 1 that shoots water out of the ground at a 5° angle, and up to a height of PRESSURE I FLOW RATE psi bar gpm Ipm R-0301 ie ten -hole pattern creates a light spray that shoots streams of water at 50 angle, capable of reaching heights of 180 inches. A flush -mounted fray cap means no trip hazards as kids run through the geyser. 9PM /PM Sent By: Miracle Playground Sales; 909 676 8708; Jun-5-03 12:19PM; Page 111 MI CLE Date: To: From: Subject: Number of Pages (Incl. Cover): 6/5/2003 Dodio Kelly Spence Vortex Splashpad Following are the standard and low flow options for the features proposed initially. Please note that these rates are PER unit and you have Come that are proposed .in multiple quantities. Please let me know If you need any additional - Information. fMTURE STANDARD Flow LOW FLow OPTION SPRAY CANNON 8.10 Ga. Per minute 4-5 Ga. Per minute GROUND GEYSER 5.10 Ga. Per minute 4-6 Ga. Per minute WALL SPRAY 10-15 Ga. Per minute NIA PALM TREE 20-30 Ga. Per minute NIA CATTAIL 30.60 Ga. Per minute NIA Miracle Playground Sales 27464 Commerce Center Drive *Suits I • Temecula, CA 92590 (800) 264-7225 a (909) 676-8706 Fax Sales@miradeplayground.com 9 www.miracleplayground.com 333 �D z ^ ...-x IA�1 N3SaN3H WA tsacsoa aid 610-0r0-6r9 FIESTA DR. wpa rig N V fr�l V a••' l`T9 4 A. I• m x � 0 ;o sa n . + q r j, 7w %a c' m 10 I Pia �a � O x J O x r7a CD ' O Z O Z ROW co Tj „ CC rn —a ;c PALM CIRCLE V 1 u N O N Z • ayu iii%]S�� M }i 4 � �. �Y q? ✓r l� S"i � t 1�V ►�� d 1 5 �,•� hlZp�kw �'rT^j' • � � :'1 � k 't^��xj'A �2 d Y day t��h�ri Y �i�► ��11� �V�i l 1R i"i { 11 1 fV' r pl Si �' ,'.,�► c{ 4 a" Z M! CV 4 sep Qu&ra COUNCIL/RDA MEETING DATE: August 19, 2003 ITEM TITLE: Consideration of the Pavement Management Program and Selection of Annual Pavement Preservation and Maintenance Work Program RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: T CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Appropriate $205,206 from Gas Tax Funds, Account Number 201-000-300-290, and direct staff to implement the 2003/2004 Annual Pavement Preservation and Maintenance Program - Scenario Number 2, maintaining an average Pavement Condition Index ("PCI") rating of 80 or better. FISCAL IMPLICATIONS: Implementation of the 2003/2004 Annual Pavement Preservation and Maintenance Program - Scenario Number 2, maintaining an average PCI rating of 80 or better, would require an expenditure of approximately $600,000 per year for the next five years. With the exception of the improvements recommended during Fiscal Year 2003/2004, the City Council will consider the identified maintenance and rehabilitation improvements during its annual review of the Capital Improvement Program (CIP) and the Public Works Department Operating Budget. During Fiscal Year 2003/2004, Scenario Number 2 recommends preventative maintenance and surface treatment Improvements (slurry seal and striping) at a cost of $457,264. The City has carry over revenue in the amount of $875,000 available for this work. Scenario Number 2 also recommends the following pavement rehabilitation improvements: Madison Street from Vista Bonita to Avenue 52; Madison Street from 2625 LF North of Airport Boulevard to Airport Boulevard; and Milan Court from Naples Drive to Torino Drive. 341 S:\CityMgr\STAFF REPORTS ONLY\8-19-03\BS6.doc Considering the combined construction costs are estimated at $151,975, the following represents the recommended pavement rehabilitation budget: Construction: $151,975 Design: $ 15,198 Insp/Test/Survey: $ 11,778 City Admin: $ 7,600 Contingency: $ 18,655 Total Budget: $205,206 Adequate funding is available within Gas Tax Funds, Account Number 201-000-300- 290, to support staff's recommendation. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On July 16, 2002, the City Council adopted the Fiscal Year 2002/2003 Budget. This year's budget includes the update of the City's Pavement Management Program (PMP). On January 21, 2003, the City Council approved a PSA in the amount of $44,785 with GK & Associates to update the City's PMP. The PMP is a citywide survey that includes visual inspections of each City maintained street. A street inventory has been created, which includes: street widths, lane widths, number of lanes, function classification, date and type of construction, as well as last known surface treatment. The PMP provides City policy makers with detailed segment recommendations for the maintenance and/or reconstruction of City streets. The pavement network within the City"of La Quinta consists of 118.4 miles of paved surfaces, comprised of 73 miles of local streets, 2.1 miles of collector streets and 43.3 miles of arterial streets. There is a total of 25,737,657 square feet of pavement. The estimated replacement value of this pavement is $61.4 million for local/collector streets and $7.2.6 million for arterial/secondary streets, for a total of $134 million. S:\CityMgr\STAFF REPORTS ONLY\8-19-03\BS6.doc 2 342 The overall condition of the City of La Quinta's road network is Excellent, with an average PCI of 87. The following table relates the City's PCI rating to the ranges recommended by the U.S. Army Corps of Engineers: PCI RANGE CONDITION 86 -100 Excellent 71 - 85 Very Good 56 - 70 Good 41 - 55 Fair 26 - 40 Poor 11 - 25 Very Poor 0 - 10 Failed As indicated, the City's PCI rating of 87 is at the top of the PCI range established by the U.S. Army Corps of Engineers. This PCI ranking is due primarily to the newness of the community. However, maintaining an average PCI rating of 87 or better would require an annual expenditure of over $1,400,000. Essentially, this option would entail the continuous reconstruction of the street system and is therefore not practical. In developing an annual expenditure level to maintain the street network at an acceptable PCI level, three (3) budget scenarios were studied. Each scenario assumes the highest rated streets are allowed to slightly deteriorate while bringing the lower rated streets to an acceptable level. The scenarios include: Scenario Number 1 - Maintain an Average PCI of 70 This scenario allows for minimal maintenance on those streets rated above 70 and focuses on upgrading those streets rated below 70 to a PCI rating of 70 or better. The estimated annual budget for this scenario is approximately $500,000 per year. Scenario Number 2 - Maintain an Average PCI of 80 This scenario allows for minimal maintenance on those streets rated above 80 and concentrates available budget revenue on upgrading those streets rated below 80 to a PCI rating of 80 or better. The estimated annual budget for this scenario is $600,000 per year. Scenario Number 3 - Maintain an Average PCI of 86 or Better This scenario would maintain an Average PCI rating of 86 or better. The estimated annual budget for this scenario is $1,400,000 per year. S:\CityMgr\STAFF REPORTS ONLY\8-19-03\BS6.doc 3 343 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appropriate $205,206 from Gas Tax Funds, Account Number 201-000-300- 290, direct staff to implement the 2003/2004 Annual Pavement Preservation and Maintenance Program — Scenario Number 2, maintaining an average PCI rating of 80 or better; or 2. Direct Staff to implement the 2003/2004 Annual Pavement Preservation and Maintenance Program — Scenario Number 1, maintaining an average PCI rating of 70 or better; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R. UniaVn, P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager .44 S:\CityMgr\STAFF REPORTS ONLY\8-19-03\BS6.doc 4 COUNCIL/RDA MEETING DATE: August 19, 2003 ITEM TITLE: Consideration of La Quinta Court Landscape Design Concepts RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None for this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: At the December 17, 2002 City Council meeting, the City Council directed staff to review the landscaping around the La Quinta Court artwork (Attachment 1), on the southeast corner of Washington Street and Hwy. 111. A map of the location is provided as Attachment 2. On April 15, 2003, the City Council authorized staff to solicit quotes for the design portion of the modifications to the La Quinta Court artwork and authorized the City Manager to enter into a Professional Services Agreement (Agreement) with a landscape architect in an amount not to exceed $10,000. On May 29, 2003, the City entered into an Agreement with Ray Lopez Associates to provide two concepts for modifications to the landscape portion of the La Quinta Court artwork. Mr. Lopez provided two concepts for the Cultural Arts Commission's review at the July 10, 2003 meeting. After discussion, the Commission recommended Concept 3�5 1 with slight modifications to incorporate the dry well bed and meandering sidewalk from Concept 2. Concept 3 (Attachment 3) was provided for City Council consideration at the August 5, 2003 City Council meeting. City Council's direction was to reduce the number of plants in the landscape area, consider adding tile to the fountain, provide an interesting walkway with some type of pavement amenity such as pavers, stamped concrete or aggregate to be continued to the pork chop area. As a condition of the La Quinta Court project, the developer is required to complete the "pork chop" area of this location. Currently, the location is designed to contain decomposed granite with a sidewalk in the middle of the area, with small boulders in the decomposed granite. Although not included in the original scope of work, the Cultural Arts Commission also requested that either landscaping or some type of hardscape be added to the "pork chop" at this location. According to Public Works Department staff, there is no irrigation to this location. Therefore, planting material in this area would not be possible without major improvements to the area. Any changes to the pork chop area design would require Cal -Trans approval, as this area is within the Cal -Trans right-of-way. Before a change order to Mr. Lopez's Professional Service Agreement is issued, staff is seeking City Council direction as to modifications to the pork chop area in regard to the La Quinta Court art piece modification project. Should the City Council direct staff to submit plans to Cal -Trans for modification to the pork chop area, this process could delay the modifications to the La Quinta Court project by six to eight months, awaiting Cal -Trans' consideration of the plans. In order to expedite the modifications to the La Quinta Court project, the City Council may wish to approve the conceptual design for the La Quinta Court project and direct staff to proceed with the pork chop area as a separate project. Attachment 4 provides a conceptual design for the La Quinta Court art feature based upon the City Council's August 5 comments regarding reducing the plantings. Attachment 5 provides photographs of the La Court art feature. At the August 5, 2003 City Council meeting, the City Council discussed adding tile to the fountain at the La Quinta Court project. Staff is seeking specific direction as to the location and type of the to be incorporated into the design. Due to the circular surfaces of the fountain area, small mosaic tiles could be incorporated into the small ledge at the front of the fountain, as identified on Attachment 5A. Attachment 513 and 5C provide photographs of the two smaller fountains located on either side of the large OR fountain. Tile could be incorporated into the outside walls of the two smaller fountains. In addition to the location of the tile placement, staff is seeking direction as to the type of tile to be installed. The two main types of tile are ceramic and stone. Once City Council has designated the type of tile to be used on the fountain, final selection of color can be determined at a future City Council meeting. The City of La Quinta owns the property upon which the La Quinta Court art feature is located. The City also maintains the fountain and landscaping in this area. In section 6.4 (b) of the Art Purchase Agreement (Attachment 6) with Dale Frank (the developer) and Manuel Mendoza (the artist), the City may make alterations to the art feature, with reasonable efforts to consult the artist prior to alterations. However, this type of alteration does not require artist approval. Staff has contacted Mr. Mendoza regarding the placement of tile on the art feature. It is Mr. Mendoza's opinion that modifying the landscaping around the art feature will greatly improve the art feature. Once a concept is approved by the City Council, Mr. Lopez will begin the construction documents, and these will be brought back for City Council approval and authorization to proceed, along with a funding allocation request. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a concept for modifications to the La Quinta Court artwork, direct staff to develop the modification of the pork chop area as a separate project, and approve the incorporation of ceramic or stone tile into the outer walls of the fountains; or 2. Approve a concept for modifications to the La Quinta Court artwork, and/or direct staff to develop the modifications of the pork chop area as a separate project and/or approve the incorporation of ceramic or stone tile into the outer walls of the fountains; or 3. Do not approve a concept for modifications to the La Quinta Court artwork; or 4. Provide staff with alternative direction. 3 3:� ' Respectfully submitted, \t��`�►' I.. ff- unity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Minutes from the December 17, 2002 City Council Meeting 2. Map of the Site 3. Concept 3 4. Modified Concept 3 5. Photographs of the La Quinta Court Art Feature 6. Art Purchase Agreement, Section 6.4 4 3� ATTACHMENT 1 City Council Minutes All other reports were noted and filed. DEPARTMENT REPORTS 2. CITY ATTORNEY. �7 December 17, 2002 City Attorney Jenson reported 48 cities have joined the amicus brief on the prevailing wage case. 3-A. REPORT, ON UPCOMING EVENTS. Mayor Adolph noted the Chamber of Commerce has rescheduled the Mayor's Luncheon to January 9tn. 8-A. STATUS UPDATE ON JEFFERSON STREET - PHASE II. Public Works Director Jonasson gave a brief update on the project. In response to Council Member Henderson, City Manager Genovese stated CVAG's Executive Committee is aware that Jefferson Street is a "must build" Measure A Fund project and that the funds they gave to other projects in front of this one will have to be taken back to complete Jefferson Street. Consultant Nickerson confirmed the City has a Reimbursement Agreement with CVAG wherein they have committed to build Jefferson Street. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION OF THE LANDSCAPING AT HIGHWAY 111 AND WASHINGTON STREET IN FRONT OF LG's STEAK HOUSE. Mayor Adolph asked Council Members to review the landscaping at the southeast corner of Washington Street and Highway 111 and make recommendations to staff on ways to enhance it. 3 4 _,r City Council Minutes 10 December 17, 2002 Council Member Henderson stated she understood the restaurant had planned to have outside dining in that area, and she thought the utility boxes were supposed to be moved. Council recessed to and until 7:00 p.m. PUBLIC COMMENT - None PRESENTATIONS - None PUBLIC HEARINGS 1. PUBLIC HEARING ON: 1) CERTIFICATION OF AN ADDENDUM TO A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 99-389, AND 2) TENTATIVE TRACT MAP 29323, AMENDMENT NO.2, FOR A 381-LOT SUBDIVISION ON 127 t ACRES LOCATED AT THE NORTHWEST CORNER OF FRED WARING DRIVE AND JEFFERSON STREET. APPLICANT: CORNERSTONE DEVELOPERS. The Mayor declared the PUBLIC HEARING OPEN at 7:02 p.m. Community Development Director Herman presented the staff report. In response to Council Member Henderson, Public Works Director Jonasson advised the developer will be responsible for 50% of the design costs for a traffic signal, once warranted, at Jefferson Street and Esplanade Del Oro/Dunbar Drive. He stated the Indio Public Works Director has indicated that Indio will fund the other half in connection with the Jefferson Street Phase II Project. Council Member Henderson stated she understood the developer was willing to accept a right -in, right -out intersection in lieu of providing 100% of the funding costs. She asked about the access spur on the west boundary, and questioned Condition No. 37 of the tentative tract map. Mr. Herman stated the spur on the west boundary is for a gated emergency. access. Jkg WASHINGTON STREET To CITY HALL LO$ COMM DNUNCOMT � _I CONCEPT PLAN K o mm m & wmwMin saver -� M U z� U 11 mill a i `� s g / y A�` 0 `�, onog N X v — > z �n c m� �S yyli D E � ; > D X 0 rn v N Z g D C 2 D m ni i) f+l �A• ' O n �s$ ° 4n ° 0 z ... ,� 8• i A;> g� z • / �0A ° Vie a >c14" Z;O > . ,# ~ L e • ° �1 ` O � I O 00 • k x� .o +� m io O ' Ip _ C� Q 1 •O,r fir 2 .83 i m 4 D � '�Y.%' • • O ., N Q x 0n mks m 0 D ° °f ° O OV O Z� _ 0�Zn Qi rn A> Z of n�m • . pCAAz .� atA YRf (n m Q X rri En ° n ��_ oA Jf u lm 0 •'• O p Z • z t/l + y czi m Q c s lldH AiIO Ol —�- 1:13�JlS NOlONIHSVM .. • g O� � VO • goV iii ` ��'��III� �~•wY � V oi7 i D all 2 n I" ' NVId 1d30NOO 1N31133NVHN3 M3NL0O 5,9I�� --1 A Mn ATTACHMENT 5 I H FWI-, 7'; A f P �y 3P54 to ` _ .3 `), � �' 1 . 1 A 1" i% 1 e.P i r n I 5� ,i i 5 d F-A ATTACHMENT 6 any such services, provided that the City, Developer and the Artist mutually agree in writing, prior to the commencement of any significant repairs or restorations, upon the Artist's fee for such services. No fees shall be paid to Artist for repair or restoration due to a breach of the representations and warranties set forth herein. b, All repairs and restorations shall be made in accordance with recognized principles of conservation. a. The City shall maintain the Artwork in a manner that the City determines appropriate in its sole discretion. b. The City shall use its reasonable efforts to meet and consult with Artist prior to the time of making any alteration. If any alteration is made without the consent of Artist, Arks shall have the right to direct the City to remove Artist's name from the Artwork. In connection herewith, Artist hereby acknowledges and agrees that Artist is familiar with the California Art Preservation Act, as set forth in Section 987 of the California Civil Code and the Visual Artists Rights Act of 1990, as set forth in 17 United States Code Annotated, Section 106A, and the rights and protection afforded Artist thereunder, and Artist hereby waives each and all of Artists rights and protection under Section 987 of the California Civil Code and under 17 United StatestilCode Annotated, Section 106A, to the extent such rights and protection are inconsistent w Section 6.4; provided, however, that to the extent that the rights and protection afforded Artist under Section 987 of the California Civil Code are not inconsistent with this Section 6.4 or pertain to matters that are not dealt with in this Section 6.4, Artist shall retain such rights and protection. 6.5 permanent Record. The City shall maintain a record of this Agreement and of the location and disposition of the Artwork. 6.6 Artist's and Developer's Address. The Artist and Developer shall notify the City of changes in -their address. The City shall take reasonable effort(s) to locate the Artist when matters arise relating to the Artist's rights under this Agreement. 6.7 Surviving Covenants. The covenants and obligations set forth in this Article VI shall be binding upon the parties, their heirs, legatees, executors, administrators, assigns, transferees and all their successors in interest, and the City's covenants do attach and run with the Artwork and shall be binding to and until twenty (20) years after the death of the Artist unless otherwise stated herein. Upon the death of the Artist, the representative of Artist's estate shall assume the surviving covenants and obligations of Artist set forth in this Article VI. ARTICLE VII. ARTIST AS INDEPENDENT CONTRACTOR The Artist shall perform all work under this Agreement as an independent contractor and not as an agent, joint venturer, partner or an employee of the City oh Developer. The Artist shall not: 358 S:\Community Services\Art In Public Places Apeements\Art Purchase Agreement, La Quinta Court Revised.wpd Page 7 of 20 14 BUSINESS SESSION ITEM: ORDINANCE NO. 388 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AMENDING THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 1 PURSUANT TO SENATE BILL 211 AS CODIFIED IN HEALTH AND SAFETY CODE SECTION 33333.6(e)(2) THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES ORDAIN AS FOLLOWS: SECTION 1. The Redevelopment Plan for Project Area No. 1 (hereinafter, the "Plan") is hereby amended to delete from the Plan any and all time limits stated in the Plan that purport to place on the La Quinta Redevelopment Agency any time deadline on the establishment of loans, advances, and indebtedness with respect to the Plan or Project Area. SECTION 2. The foregoing Amendment to the Plan is effected pursuant to the authority established by Senate Bill 211, effective January 1, 2002, which is codified in pertinent part in Health and Safety Code Section 33333.6(e)(2), which states in pertinent part: "On or after January 1, 2002, a redevelopment plan may be amended by a legislative body by adoption of an ordinance to eliminate the time limit on the establishment of loans, advances, and indebtedness required by this section prior to January 1, 2002. In adopting this ordinance, neither the legislative body nor the agency is required to comply with [Health and Safety Code] Section 33354.6 or Article 12 (commencing with Section 33450) or any other provision of this part relating to the amendment of redevelopment plans, except that the agency shall make the payment to affected taxing agencies required by [Health and Safety Code] Section 33607.7." SECTION 3. Except as amended hereby, the Plan shall remain in full force and effect according to its terms. SECTION 4. All required proceedings and considerations precedent to the adoption of this Ordinance have been regularly taken in accordance with applicable law. SECTION 5. The City Manager shall notify the appropriate public entities of the adoption of this Ordinance. Ordinance No. 388 Redevelopment Project Area No. 1 Amendment Adopted: August 5, 2003 Page 2 SECTION 6. The City Clerk is authorized and directed to publish this Ordinance or a summary thereof in the manner provided by law and in accordance. with procedures normally taken. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held this 19t`' day of August, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta 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 2 36d REPORT/INFORMATIONAL ITEM: COMMUNITY SERVICES COMMISSION MINUTES June 9, 2003 I. CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 7:08 p.m. in the Study Session Room of the La Quinta Civic Center. Chairperson St. Johns presided over the meeting. Commissioner Bechard led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Victoria St. Johns Commissioner Deborah Bechard Commissioner Gary Calhoun Commissioner Mike Davis MEMBERS ABSENT: Commissioner Michelle Boudreau STAFF PRESENT: Dodie Horvitz, Community Services Director Officer Heather Olsen, La Quinta Police Department II. PUBLIC COMMENT- None III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of the May 12, 2003 Minutes B. Monthly Department Report for April 2003 It was moved by Commissioners Calhoun/Davis to approve the Consent Calendar with one change to the minutes. Unanimous. V. PUBLIC HEARING — None. VI. BUSINESS ITEMS A. August Meeting Date Due to the Commissioner's summer schedule, the Commission determined the meeting date would not be needed. It was moved by Commissioners Calhoun/Davis to go dark in August. Unanimous. 361 Community Services Commission Minutes June 9, 2003 Page 2. A. Special Events Update After some discussion regarding the Cove Oasis Trailhead dedication and the Skate Park grand opening, Commissioners Calhoun and St. Johns will attend both events. It was moved by Commissioners Calhoun/Davis to have Commissioners Calhoun and St. Johns attend the two events on June 21, 2003. Unanimous. VII. CORRESPONDENCE AND WRITTEN MATERIALS Staff presented the Summer 2003 brochure and highlighted additional information contained in the brochure. VIII. COMMISSIONER ITEMS Commissioner Davis asked to be excused from the July meeting, as he will be out of town due to a work commitment. Commissioner Calhoun stated that he would prefer receiving the Commission packet` via e- mail verses mail. The Commissioners did not receive their packets for the June meeting via mail. After some discussion, all Commissioners stated that they would prefer to get their packets via e-mail and any attachments can be handed out at the meeting. Commissioner Davis stated that he saw a maintenance worker washing the tennis courts at Fritz Burns Park with the hose and the nozzle had too tight of a spray to protect the court surface. He suggested a tennis court power nozzle be used. Staff will pass this information along to the maintenance department. Commissioner St. Johns asked if Frances Hack Park will have basketball courts included in the remodel. Staff reported that according to the plans presented to the City, basketball courts would be included in the middle of the park. IX. ADJOURNMENT It was moved by Commissioners Davis/Bechard to adjourn the Community Services Commission meeting at 7:30 PM. Unanimous. NEXT MEETING INFORMATION Monday, July 14, 2003 @7:00 PM La Quinta City Hall Study Session Room Submittef by: Dodie'Horvitz,' Community Services Director 36 22, SACommunity Services\Community Services Commission\minutesCSC\2002\CSCMIN 2003\CSCMIN.06.09.03.doc 2 REPORT/INFORMATIONAL ITEM: /9 CULTURAL ARTS COMMISSION MINUTES June 12, 2003 I. CALL TO ORDER A regular meeting of the Cultural Arts Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center. Chairperson Else Loudon presided over the meeting. Commissioner Brodsky led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Sheldon Brodsky Commissioner Else Loudon Commissioner Elaine Reynolds Commissioner Linda Young Commissioner Nicolas Hemes STAFF PRESENT: Dodie Horvitz, Community Services Director Hally Savio, Community Services Secretary 11. PUBLIC COMMENT III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of Minutes of April 10 and April 14, 2003 B. Financial Report for April 2003 C. Monthly Department Report for March 2003 It was moved by Commissioners Hemes/Reynolds to approve the Consent Calendar as submitted. Unanimous. 3E3 Cultural Arts Commission Meeting Minutes June 12, 2003 Page 2. V. PUBLIC HEARING -NONE VI. BUSINESS ITEMS A. Potential La Quinta Court Art Piece Commissioner Reynolds presented color pictures of the work of artist Marie Barbera for consideration of placement at La Quinta Court. Commissioner Young commented that the scale is too large for the intended site, and suggested consideration of another choice for the Court. She recommended checking with the landscape architect for ideas on the scale of the art piece for this site. Director Horvitz informed that architect Ray Lopez has been chosen for this job, and the contract will be executed in the near future. Commissioners Brodsky and Hemes recommended waiting to hear the architect's suggestions for the site before considering art pieces. Consensus was to wait for the architect's ideas for landscaping, then choose art in the proper scale to complete the area. B. August Meeting Date Staff reported that the Commission has historically gone dark in August due to vacation schedules, etc. After discussion, Commissioners decided to wait until the July meeting to make a decision on whether to go dark in August, depending on whether architect Ray Lopez would be available to attend the July meeting for discussion of La Quinta Court improvements. VII. CORRESPONDENCE AND WRITTEN MATERIALS A. Citizen Suggestion Information Chairman Loudon requested that Commissioners make courtesy telephone calls to the twenty citizens who specifically requested a call from a Commissioner to discuss their ideas when filling out suggestion cards at the Community Picnic on April 27th. Each Commissioner will contact four respondents and report back at the next meeting. B. "Walk Through Rainbow" Art Piece Update Director Horvitz informed the Commission that the City Council approved the painting of the "Walk Through Rainbow" sculpture at Fritz Burns Park in the color scheme of the City Seal as presented on the City's 20th SACommunity Services\CAC\CACMIN.6.12.03.doc 364 2 Cultural Arts Commission Meeting June 12, 2003 Minutes Page 3. Anniversary pin. As requested by the Council, An RFP has been issued to add a quail sculpture to the existing art piece. C. La Quinta Park Water Feature Director Horvitz reported that the City Council directed staff to research interactive water features for La Quinta Park that shoot up from the surface rather than a structure. Staff is now accepting proposals from various contractors for surface water features. VIII. COMMISSIONER ITEMS Chairman Loudon reported that the Desert Dolman art piece is now in place at Omri & Bonis restaurant. Lighting is currently being installed at the site. Chairman Loudon also offered to continue to assist with the completion of updating art files. A list of inventory will be sent to all Commissioners. Photographs will be taken, and necessary forms will be provided by staff for newly acquired art pieces, "Balancing Forms" and "Desert Dolman". Staff clarified for Commissioner Hemes that locations of art pieces throughout the City have been provided to the Chamber of Commerce for their new map. All Commissioners discussed the Council Budget Meeting on June 131" where the funding for performing arts events for the next fiscal year will be discussed. Martin Langer has proposed providing four musical concerts to be held in the Civic Center Amphitheater a total cost of $40,000. Commissioners felt that this proposal should have come to the Commission before being considered by the Council. Commissioner Hemes will attend the Budget Meeting to speak on this matter. Chairman Loudon also commented on the position of the "Balancing Forms" art piece in the Civic Center Courtyard. Commissioner Young suggested taking a group photograph of Commissioners next to all new art pieces when they are placed. Chairman Loudon requested the following items be put on the Agenda for the July meeting: Speakers for the Artist Symposium, Soliciting Contributions from Businesses and Artist Partnership Day. Commissioner Young requested adding Guidelines for Amphitheater Use to the Agenda for July. Commissioner Reynolds requested adding a Memorial Art Piece for Fallen Officers to the Agenda for July. SACommunity Services\CAC\CACMIN.6.12.03.doc 365 3 Cultural Arts Commission Meeting Minutes June 12, 2003 Page 4. Commissioner Hemes announced he will be absent from the July meeting, as he will be on vacation in Europe. He also commented that if the bridge on Eisenhower Drive is widened, it will need a railing. XI. ADJOURNMENT It was moved by Commissioners Young/themes to adjourn the Cultural Arts Commission meeting. Unanimous. Meeting adjourned at 8:30 PM. NEXT MEETING INFORMATION: Thursday, July 10, 2003 La Quinta Civic Center Study Session Room Submitted by: ally Savo Community Services Secretary 366 SACommunity Services\CAC\CACMIN.6.12.03.doc 4 REPORT/INFORMATIONAL ITEM: 19 MINUTES . PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA July 8, 2003 7:00 P.M. I. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Vice Chairman Tyler who lead the flag salute. B. Present: Commissioners Jacques Abels, Rick Daniels, Tom Kirk, Paul Quill, and Vice Chairman Robert Tyler. • C. Staff present: Community Development Director Jerry Herman, Assistant City Attorney Michael Houston, Planning Manager Oscar Orci, Assistant City Engineer Steve Speer, Principal Planner Stan Sawa, and Associate Planner Greg Trousdell. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: A. It was moved and seconded by Commissioners Abels/Kirk to amend the Agenda to take Item "H" as Item "B", and reorganize the Agenda accordingly. Unanimously approved. B. Vice Chairman Tyler introduced the two new Commissioners, Rick Daniels and Paul Quill, and welcomed them to the Commission. IV. ELECTIONS: A. Vice Chairman Tyler opened the nominations for Chairman. It was moved by Commissioners Abels to nominate Tom Kirk as Chairman. There being no further nominations, the nominations were closed and Tom Kirk was unanimously elected as Chairman. B. Chairman Kirk assumed the Chair and nominated Jacques Abels as Vice Chairman. There being no further nominations, Jacques Abels was elected Vice Chairman with Commissioner Tyler voting no. 367 Planning Commission Minutes July 8, 2003 I. CONSENT ITEMS: 1. Chairman Kirk asked if there were any corrections to the Minutes of June 24, 2003. Assistant City Attorney Michael Houston asked that Page I.C., under Staff Present, it should be corrected to show that City Attorney Kathy Jenson was present. Commissioner Tyler asked that Page 9, Item 14 be corrected to read, "...that since the Specific Plan applies to four of the original parcels owned Lapis Energy Development, who has control over the individual sites." There being no further corrections, it was moved and seconded by Commissioners Abels/Tyler to approve the minutes as corrected. Unanimously approved. 2. Department Report: None VI. PRESENTATIONS: A. Chairman Kirk asked that former Commissioners Rich Butler and Steve Robbins come forward for presentation of a "Resolutions of Recognition" for their service to the City as Planning Commissioners. VII. PUBLIC HEARINGS: A. Site Development Permit 2003-773; a request of California Cove Communities for consideration of architectural plans for three new single family prototype residential units with two different elevations for each unit within the Greg Norman Golf Course development located at the northeast corner of Madison Street and Airport Boulevard. 1. Planning Manager Oscar Orci informed the Commission the applicant had requested a continuance to the meeting of July 29, 2003. 2. There being no further discussion, it was moved and seconded by Commissioners Daniels/Abels to continue the project to July 29, 2003. Unanimously approved. B. Continued - Zoning Ordinance Amendment 2003-076; a request of the City for consideration of an amendment to the Zoning Code relating to Front and Side Yard Setbacks and Lot Sizes: for Sections 9.30.020, .030, .040, .050, .060,.070 — Residential Districts; Section 9.50.070.13 - Residential Development Standards; Section 9.60.060.13 - Supplemental Residential Regulations; Section 9.60.320.0 — Resort Residential; Table 9.2 — Residential Development Standards; Figure 9.1 — Development WWI G:\WPDOCS\PC MINUTES\7-8-03WD.DOC 2 Planning Commission Minutes July 8, 2003 Standards: RVL and RL Districts; Figure 9.2 — Development Standards: RC Districts; Figure 9.3 — Development Standards: RM and RMH Districts; Figure 9.4 — Development Standards: RH and RSP Districts 1. It was moved and seconded by Commissioner Abels/Tyler to continue discussion of Zoning Code Amendment 2003-076 to the Planning Commission meeting of July 29, 2003. Unanimously approved. C. Environmental Assessment 2003-476 and Capital Improvement Project 2000-06; a request of the City for a recommendation to the City Council for certification of a Mitigated Negative Declaration of environmental impact and consideration of the design for the City's Municipal Library, to be located at 78-275 Calle Tampico. 1. Chairman Kirk opened the public hearing and asked for the staff report. Planning Manager Oscar Orci presented the information contained in the staff report, a copy of which is on file in the Community Development Department 2. Commissioner Quill asked staff to explain the purpose of the other portion of the building that was not to be used at this time. Community Services Director Dodie Horvitz explained it was envisioned the Library would occupy the first 10,000 square feet and the second 10,000 square feet would be used for storage or meeting rooms until such time as the funding was available for the balance of the improvements. 3. Commissioner Tyler asked if staff had a proposed schedule for completion of the building. The architect, Mr. Thomas Anglewicz of M.W. Steele Group, Inc., stated the schedule calls for construction to begin in March, 2004. Commission Tyler questioned whether there would be any additional parking being installed for the Library. Mr. Anglewicz stated there were no plans for additional parking. 4. Chairman Kirk asked why there was a 30 degree orientation to the park. Mr. Anglewicz displayed the site plan and explained it was oriented to complement the remainder of the Civic Center complex. Chairman Kirk asked if the Architectural and Landscaping Review Committee (ALRC) recommendations were incorporated into the conditions. Mr. Anglewicz indicated they would include the ALRC recommendations. G:\WPDOCS\PC MINUTES\7-8-03WD.DOC 3 Planning Commission Minutes July 8, 2003 5. Chairman Kirk asked if there was any public comment. There being no public comment, the public participation portion of the hearing was closed and open to Commission discussion. 6. There being no further discussion, it was moved and seconded by Commissioners Abels/Daniels to adopt Planning Commission Resolution 2003-045 recommending certification of a Mitigated Negative. Declaration of environmental impact for Environmental Assessment 2003-476. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. 7. It was moved and seconded by Commissioner Abels/Daniels to adopt Planning Commission Resolution 2003-046 recommending approval of the design for the construction of the City's Municipal Library, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. D. Site Development Permit 2002-774; a request of Michael Shovlin for review of development plans for a one story commercial restaurant building on 0.6 acres located at 78-902 Highway 1 1 1 within the One Eleven La Quinta Center - Thai Smile. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Greg Trousdell presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Tyler asked why staff was requiring a handicap sidewalk (Condition #49.A.). Staff explained it was needed for access to the parking lot as there was a bus stop in close proximity. Commissioner Tyler asked why the cost of the bus shelter was not charged to the Center developer rather than the individual building owner. Staff explained Mr. Shovlin was the Center owner and he was responsible for the cost, but the cost could be deferred to the development of one of the larger buildings in the Center if it was the desire of the Commission. Commissioner Tyler asked why the conditions from the Sheriff's 370 G:\WPDOCS\PC MINUTES\7-8-03WD.DOC 4 Planning Commission Minutes July 8, 2003 Department were not written into the conditions. Staff explained there were no specific conditions, but rather general statements. Staff is ensuring that should any issues arise, this condition would require the developer to resolve any issues raised by the Sheriff's Department. Commissioner Tyler asked why there were no parking lot or lighting standards for this project. Staff explained they would be governed by the Specific Plan and staff would review them during plan check.. Commissioner Tyler asked if the outdoor patio protruded into the 50 foot setback along Highway 111, and if so, was that allowed. Staff stated it was allowed. Commissioner Tyler asked what parking lot would contain the new landscape planters referred to in the staff report. Staff stated if would be on the portion constructed with the building. 3. Commissioner Daniels asked if the circulation had been considered in regard to the trash receptacles on the north side of the building and the deliveries and receiving areas. Staff stated this was discussed during the ALRC meeting. At that time staff recommended relocating it closer to the Eisenhower Immediate Care Center, but the restaurant proprietor stated that for easier use and control, it was better as designed. 4. Commissioner Quill asked if landscaping was proposed to soften the east elevation. Staff stated there was and showed what was proposed including the location for the metal lattice structure. Commissioner Quill suggested the north elevation be enhanced by either some type of roofing material instead of the parapet, with some type of detail at the top. He then asked who is responsible for the bus shelter. Planning Manager Oscar Orci stated a permit is issued by Caltrans and Sunline is responsible for the maintenance. Staff stated the construction of the bus shelter is included in the conditions and will be monitored by staff until constructed. Mr. Cox, the architect, gave a presentation on the project. 5. Commissioner Tyler asked if additional light standards would be added to the parking lot used for this business. 6. Commissioner Quill suggested it be similar to the parking lot used by Starbucks. Mr. Shovlin, developer of the Center, stated he would provide staff with a photometric study on the site. 371 G:\WPDOCS\PC MINUTES\7-8-03WD.DOC 5 Planning Commission Minutes July 8, 2003 7. Commissioner Tyler asked the location of the bicycle rack. Mr. Cox stated it would be away from the door and out of the sidewalk. 8. There being no further questions of the applicant or staff, Chairman Kirk asked if anyone else would like to speak on this project. Mr. Brandon Wood, proposed tenant, stated he would like to amend the entryway elevations at a later date. 9. Commissioner Daniels asked if Mr. Wood had seen the conditions allowing the exterior alterations. Mr. Wood stated he had no objections to the conditions. 10. There being no further public comment, the public participation portion of the hearing was closed and open for Commission discussion. 11 Commissioner Quill clarified that according to the way the conditions were written, the Community Development Director will be able to make a determination in regard to the exterior elevations upon review of the final building plans. He questioned whether or not the Asian gable end was architecturally in keeping with the remainder of the site. 12. Chairman Kirk noted there was a consensus among the Commissioners that the elevations not be Asian in design in the event a different user assumes the building sometime in the future. Discussion followed regarding when and who would be responsible for the construction of the new bus shelter. 13. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-047, approving Site Development Permit 2003- 774, as amended: a. Condition added: The applicant shall add architectural and landscaping enhancements to the northern elevation fagade. b. Condition added: The applicant shall provide a lighting study to determine whether additional lighting is needed in the parking lot. C. Condition #49.A.: Deleted d. Condition #49.C.: Any reference to "Asian" architecture removed. G:\WPDOCS\PC MINUTES\7-8-03WD.DOC 372 6 Planning Commission Minutes July 8, 2003 e. Condition #53: Amend the condition to require the bus shelter to be completed within three years. f. Condition #54: The applicant shall work with staff to install appropriate, cost effect security measures pursuant to the Sheriff's Department letter of June 18, 2003. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. E. Environmental Assessment 2002-465 and Tentative Tract Map 30135; a request of Dan Jewitt for certification of a Mitigated Negative Declaration of environmental impact and approval of the subdivision of approximately 14.69 acres into 47 single family and other common lots for the property located at 80-600 Avenue 52. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Greg Tousdell presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Quill questioned the grade elevations adjacent to the Channel/dike, whether or not Avenue 52 was intended to have a median and if so, is this applicant required to provide future funding. Assistant City Engineer Steve Speer stated the median would be constructed by The Hideaway project to the south with Development Impact Fees. With respect to the elevation differential between the dike elevation and adjacent street, if there is inadequate space for sloping, they will be required to construct a retaining wall. Commissioner Quill also stated the design for the entry gates and the wall fronting Avenue 52 needs to be enhanced. 3. Commissioner Tyler stated the staff report mentions a Golf Cart Path and he was unaware the City had a plan. Assistant City Engineer Steve Speer stated they would be looking at the stripping only, which would be a bicycle path at this time. Commissioner Tyler asked that Conditions #37 and 42 were the same and one should be deleted. He asked if Avenue 52 was built to City standards or was it still a rural road. Staff stated the existing pavement is rural standard, and until the City has a method of testing the thickness of the road, staff does not know whether or not it will have to be structurally changed. Commissioner Tyler 373 G:\WPDOCS\PC MINUTESV-8-03WD.DOC 7 Planning Commission Minutes July 8, 2003 questioned why other developments, in this same area, were required to construct the road up to the City's standards. Staff would look into the matter. Commissioner Tyler asked if the Avenue 52 utilities were to be undergrounded. He also asked staff if the project was to have a perimeter wall around the entire project. Staff stated they show a masonry wall around the perimeter and it is noted in Condition #74. Commissioner Tyler stated a wall should be constructed along the Channel. Staff stated the Mountain View project was only required to have a chain link fence. 4. There being no other questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Dan Jewitt, the applicant, stated he was available to answer any questions. 5. Commissioner Abels asked the intended use of Lots B, C, and D. Mr. Jewitt stated they would be retention basins. 6. Chairman Kirk asked the depth of the irrigation pipe lines in the easements. Mr. Jewitt stated they have seven feet of cover over an 84-inch pipe line. Chairman Kirk asked if the applicant had considered using the easement for his retention basins. Mr. Jewitt stated they had considered it, by they decided it made more sense to take everything to the front of the project. He stated the slope adjacent to the Channel belongs to the Water District and they do have a buffer between their roadway and the toe of the slope which will be heavily landscaped. In regard to the perimeter wall, they will have a wall around the entire development. Concerning the gates, they will enhance the entry. 7. There being no further questions of the applicant, and no other public comment, the public participation portion of the hearing is closed and open for Commission discussion. 8. There being no further discussion, it was moved and seconded by Commissioners Abels/Daniels to adopt Planning Commission Resolution 2003-048, recommending certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2002-465, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Kirk, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 3'74 G:\WPDOCS\PC MINUTES\7-8-03WD.DOC 8 Planning Commission Minutes July 8, 2003 9. It was moved and seconded by Commissioners Abels/Daniels to adopt Planning Commission Resolution 2003-049, recommending approval of Tentative Tract Map 30135, as amended: a. Condition #37: Deleted b. Add Condition regarding standard condition for underground of utilities along Avenue 52. C. Add Condition regarding upgrading the streets to City standards for Arterial streets. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. E. Tentative Tract Map 29053, Extension #3; a request of Trans West Housing for a third one year extension of time for a tentative tract map creating 103 single family lots located northwest of the intersection of Jefferson Street and Avenue 50. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked staff to explain "arrhythmic". Assistant City Engineer Steve Speer stated that rather than having a uniform rhythm, it has an A -typical arrhythmic pattern. It means irregular. 3. Chairman Kirk asked why this tract did not have a 50% maximum turf requirement. Staff stated it did not have the requirement when it was approved. 4. There being no other questions for staff, Chairman Kirk asked if the applicant would like to address the Commission. There being no comments from the applicant and no other public comment, the public participation portion of the hearing was closed and open for Commission discussion. 5. There being no further discussion, it was moved and seconded by Commissioners Abels/Daniels to adopt Planning Commission Resolution 2003-050, recommending approval of Tentative Tract Map 29053, Extension #3, as amended: 375 G:\WPDOCS\PC MINUTES\7-8-03WD.D0C 9 Planning Commission Minutes July 8, 2003 a. Condition added to allow no more than 50% landscaping in the front yard to be devoted to turf. ROLL_ CALL: AYES: Commissioners Abels, Daniels, Kirk, Quill, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. F. Conditional Use Permit 2002-073 and Site Development Permit 2003- 477; a request of St. Francis of Assisi Catholic Church for a request to approve development plans for a 3,912 square foot Youth Center to be located at 46-895 Highland Palms Drive. 1. Chairman Kirk opened the public hearing and asked for the staff report. Planning Manager Oscar Orci presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. There being no questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Bob Ricciardi, architect for the applicant, gave a presentation on the project. 3. Chairman Kirk asked if there was any other public comment. Mr. David Lasaan, 46-885 Highland Palms Drive, stated he was the owner of the multi -colored home next door to the west of the Youth Center, he has used the rear yard that was shown on the Church plans for over 20 years. He has had problems with the children throwing stones and making noise. 4. Mr. Michael Van Denabel, 46-875 Highland Palms Drive, stated his opposition to the project. He submitted a petition signed by 30-35 of the residents. He indicated he would like to have peace and quiet in the neighborhood and the Youth Center was not conducive to the residential neighborhood. 5. Ms. Rebecca Shields, 46-885 Highland Palms, stated the children throw rocks over her yard, tease her dogs, and trespass into her yard. This should be a single family residence and not a Youth Center. 6. Mr. Robert Cox, 78-315 Crestview, stated his opposition to the project as the majority of the access will be from the front and not 376 G:\WPDOCS\PC MINUTEW-8-03WD.DOC 10 Planning Commission Minutes July 8, 2003 the parking lot. He encouraged the Church to build the Youth Center on their existing property. 7. Mr. Ricciardi responded to the comments by stating there would be no evening classes and they will discontinue the use at 5:00 p.m. He further indicated he would like to keep the entry arches at 12 feet instead of the staff recommendation of 10 feet. 8. There being no further public comment, Chairman Kirk closed the public participation portion of the hearing and opened the matter for Commission discussion. 9. Commissioner Daniels stated the use is not compatible as noted by the comments expressed by the surrounding residents. 10. It was moved and seconded by Commissioners Daniels/Tyler to deny Conditional Use Permit 2002-073. ROLL CALL: AYES: Commissioners Daniels and Tyler. NOES: Commissioners Abels, Quill, and Chairman Kirk. ABSENT: None. ABSTAIN: None. 11. Commissioner Quill suggested potential modifications that would reduce the impacts on the surrounding residents. He indicated the traffic should be entirely on the Church property with no access taken from Highland Palms. In addition, the project should be redesigned to eliminate the noise problems. 12. Chairman Kirk agreed the project should be redesigned to mitigate the impacts to the residents. 13. Commissioner Daniels stated that although the layout was good, the testimony of the neighbors indicated it would be too much of an intrusion on this residential neighborhood. 14. Commissioner Tyler indicated a Church will generally work with a neighborhood when a problem has been identified, such as the incident with the trees. Perhaps the Church may want to take the information as presented at this meeting and redesign the project to address the concerns raised. Discussion followed. 377 G:\WPDOCS\PC MINUTES\7-8-03WD.DOC 11 Planning Commission Minutes July 8, 2003 15. There being no further discussion, it was moved and seconded by Commissioners Quill/Abets to adopt Planning Commission Resolution 2003-051, approving Conditional Use Permit 2002- 073, as amended: a. The conditional use permit is granted for 90 days. b. The hours of operation are limited to 8:30 a.m. to 8:30 p.m., seven days a week. C. The maximum number of children present shall be limited to 30 at any given time. d. Access to the property shall be taken from the Church parking lot. Emergency access only can be taken from Highland Palms Drive. e. Applicant shall work with the residents to redesign the project to address the neighbor's concerns. ROLL CALL: AYES: Commissioners Abels, Quill, and Chairman Kirk. NOES: Commissioners Daniels, Tyler. ABSENT: None. ABSTAIN: None. 16. It was moved and seconded by Commissioners Abels/Daniels to continue Site Development Permit 2003-477, to October 14, 2003. Unanimously approved. G. Plot Plan 83-001; a request of KSL Development Corporation for review and clarification on the allowed use of the property located at 78-501 Calle Ultimo. 1. Planning Manager Oscar Orci presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. There being no questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Ms. Cindy Zamora, representing KSL Development, gave a presentation on the project and stated she was available to answer any questions. 3. Commissioner asked if they would object to constructing a block wall. Ms. Zamora stated they would not, but the oleanders would have to be removed and it would aesthetically affect the neighbors view. 378 G:\WPDOCS\PC MINUTEW-8-03WD.DOC 12 Planning Commission Minutes July 8, 2003 4. Commissioner Quill stated he was employed by Landmark at the time this facility was constructed and it appears to him that the use has increased in terms of storage, etc. Ms. Zamora stated that is true in regard to what was approved. However, it is less than what was used by Landmark. Commissioner Quill stated he is not pleased with the level of maintenance and the way KSL has used their "backyard" in regard to appearance. He is concerned with the appearance of the facility. 5. Commissioner Tyler asked if the two homes that abut this facility were present when this facility was constructed. Ms. Zamora stated they were. 6. Ms. Zamora stated no issues have been raised by the neighbors in regard to aesthetics. The neighbors do like the oleanders as it provides them with privacy. 7. Chairman Kirk asked if anyone else would like to address the Commission on this issue. Mr. Alan O'Neil, 78-515 Avenida Ultimo, stated he had several issues and asked if there had been a letter written to KSL allowing them to use this facility for storage only. Planning Manager Oscar Orci stated that during the entitlement process, staff did write a letter limiting the use of the facility including that no maintenance take place on the site. Mr. O'Neil stated the oleanders are dying. They were planted when his house was constructed and were not there when this facility was constructed. They have contracted the disease that kills the plant and the worst ones are in front of his kitchen window. Whether they continue to use the facility or not, they would prefer the oleanders be removed and a wall constructed. He is concerned about the value of his home. The facility has been a storage facility since he moved in with very little, or no traffic. Recently, the traffic has increased and they did voice a compliant with the City and it has decreased. He distributed pictures he had taken of the traffic. 8. Commissioner Tyler asked the age of his house. Mr. O'Neil stated it is six years. Commissioner Tyler stated the applicant had stated it was constructed in 1983. 9. Ms. Susan O'Neil, 78-515 Avenida Ultimo, stated she had worked for KSL and knew the use of the facility was only storage. In December, she heard the use would be changed. The workers are 3719 G:\WPDOCS\PC MINUTEW-8-03W13.130C 13 Planning Commission Minutes July 8, 2003 cooking in the facility and the gate and cement are in very bad condition and a hazard to small children. They were told by the City in December, that KSL was not allowed to use this facility for anything other than storage and she does not believe that just because they are KSL they should be able to do whatever they want. 10. Mr. Joe Garza, 55-550 Calle Quito, stated he tried to park a couple dump trucks and was told by the City it was not allowed. He is completely against this use in this location. He presented letters from other residents objecting to the facility. . 11. Mr. Rick Duram, 78-685 Avenida Ultimo, stated it is typical of KSL to treat this street as a "third world country". The oleanders have died down Calle Ultimo. They would like to see the appearance. improved all the way down Calle Ultimo. 12. Mr. Nick Patrinoscar, 78-746 Avenida Tujunga, stated he was opposed to a maintenance yard in a residential neighborhood. It will increase traffic and open the door to allow other commercial businesses in a low density neighborhood. 13. There being no further public comment, the public participation portion of the hearing was closed and open for Commission discussion. 14. Commissioner Abels stated he would not like to see the use denied. There should be some conditions placed on the use to bring it up aesthetically, such as a block wall. The responsibility of the oleanders should belong to whoever owns the property the oleanders are on. 15. Commissioner Quill asked if the applicant had been approved for a conditional use permit. Planning Manager Oscar Orci stated it was approved under a plot plan permit and no time limitation was placed on the use. The City made the findings that this facility was appropriate as it was adjacent to a substation and Washington Street. Commissioner Quill stated he therefore believe the site should be aesthetically improved. 16. Commissioner Tyler stated this is a use that was granted several years ago and has since changed. The whole neighborhood has changed. Fuel is stored on site and the guidelines established by G:\WPDOCS\PC MINUTESV-8-03WD.DOC 14 Planning Commission Minutes July 8, 2003 the City have been ignored. He has visited the site and saw a truck having its brakes changed. The site has become a matter of convenience for the corporation and he thinks the corporation can do better for the community. This is an improper use in the wrong location. They need to build a proper building in an appropriate zone. He would not like to see this body approve the use after all the violations that have been going on for the last several years. 17. Commissioner Daniels asked staff if it was correct that there were seven zoning violations. Staff stated that was correct. Commissioner Daniels stated that rather than resolve those violations, they are asking staff to review their request to bring it into compliance. Staff stated that was correct and went over the options available to the applicant. Discussion followed regarding the prior approvals. 18. It was moved by Commissioner Abels to adopt Minute Motion 2003-010 approving Plot Plan 83-001 with the following conditions: a. Clean up the site, enclose the property with a minimum 6-8- foot wall and require a time frame for the work to be completed within. 19. Commissioner Tyler asked that they comply with the original letter of approval. Commissioner Abels concurred. 20. Planning Manager Oscar Orci clarified the original letter only required a landscape screen. Commissioner Abels stated the block wall should replace the cyclone fence. 21. The motion died for lack of a second. 22. It was moved and seconded by Commissioners Quill/Abets to adopt Minute Motion 2003-010 reconfirming the use as stipulated in Plot Plan 83-001 as approved by the City on June 30, 1983, with the exception that an 8-foot block wall be constructed instead of the landscaped screen/oleanders. The City take whatever measures necessary to see that all safety issues are addressed. G:\WPDOCS\PC MINUTES\7-8-03WD.DOC 15 Planning Commission Minutes July 8, 2003 23. Chairman Kirk asked legal counsel whether or not the Commission could ask staff to enforce a letter that was inconsistent with the underlying land use designation of the area. Assistant City Attorney Michael Houston stated it would be an existing, nonconforming use. He is unaware of the City's regulations in regard to the duration of existing nonconforming uses. 24. Commissioner Abels asked the applicant for their opinion. Ms. Zamora stated she did not understand why they would be required to construct a wall for a facility they would no longer be able to use. 25. The motion was rescinded. 26. Chairman Kirk explained that if they submitted an amendment to the Plot Plan requesting permission to use the facility for more intensive uses, the Commission would want a block wall constructed and may allow the more intensive uses. Ms. Zamora stated she understood this was the purpose of the public hearing. Chairman Kirk stated that if the applicant offers to build the block wall, all uses could be interpreted as being in conformance with the original 1983 letter. 27. Commissioner Tyler disagreed. 28. It was moved and seconded by Commissioners Quill/Abets to adopt Minute Motion 2003-010 reconfirming the use as stipulated in Plot Plan 83-001 as approved by the .City on June 30, 1983. Unanimously approved. VII. BUSINESS ITEMS: None IX. CORRESPONDENCE AND WRITTEN MATERIAL: None. X. COMMISSIONER ITEMS: 1. Chairman Kirk asked the Commission pleasure in regard to being dark any meetings in August. Following discussion, it was determined the Commission would go dark August 26, 2003. 2. There was no report of the City Council meeting of July 1, 2003. 382 G:\WPDOCS\PC MINUTEW-8-03WI)MOC 16 Planning Commission Minutes July 8, 2003 XI. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Abels/Daniels to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on July 29, 2003, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 10:24 p.m. Respectfully submitted, 4 yer, Ex utive Secretary City o Quinta, California 3,93 G:\WPDOCS\PC MINUTES\7-8-03WD.D0C 17 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA July 29, 2003 I. CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Kirk who asked Commissioner Abels to lead the flag salute. B. Present: Commissioners Jacques Abels, Rick Daniels, Robert Tyler, and Chairman Tom Kirk. It was moved and seconded by Commissioners Abels/Tyler to excuse Commissioner Quill. C. Staff present: Community Development Director Jerry Herman, Assistant City Attorney Michael Houston, Planning Manager Oscar Orci, Assistant City Engineer Steve Speer, Principal Planner Stan Sawa, Associate Engineer Brian Ching, Associate Planners Wallace Nesbit and Martin Magana, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: A. It was moved and seconded by Commissioners Tyler/Abets to amend the Agenda to take Item "H" as Item "C", and reorganize the Agenda accordingly. Unanimously approved. IV. CONSENT ITEMS: 1. Chairman Kirk asked if there were any corrections to the Minutes of July 8, 2003. Commissioner Tyler asked that Page 1, Item III.A. be corrected to show who made the motion; Page 8, Item 3, "utilities along Avenue 52 were to be undergrounded."; Page 14, Item 15, "Commissioner Quill asked if the applicant had been approved ...." There being no further corrections, it was moved and seconded by Commissioners Tyler/Abets to approve the minutes as corrected. Unanimously approved. 2. Department Report: Assistant City Engineer Steve Speer introduced Associate Engineer Brian Ching to the Commission. 384 Planning Commission Minutes July 29, 2003 V. PUBLIC HEARINGS: A. Site Development Permit 2003-773; a request of California Cove Communities for consideration of architectural plans for three new single family prototype residential units with two different elevations for each unit within the Greg Norman Golf Course development located at the northeast corner of Madison Street and Airport Boulevard. 1. Planning . Manager Oscar Orci informed the Commission the applicant had requested this item be tabled. 2. There being no discussion, it was moved and seconded by Commissioners Tyler/Abets to table the project. Unanimously approved. B. Continued - Zoning Ordinance Amendment 2003-076; a request of the City for consideration of an amendment to the Zoning Code relating to Front and Side Yard Setbacks and Lot Sizes: for Sections 9.30.020, .030, .040, .050, .060,.070 — Residential Districts; Section 9.50.070.E - Residential Development Standards; Section 9.60.060.13 - Supplemental Residential Regulations; Section 9.60.320.0 — Resort Residential; Table 9.2 — Residential Development Standards; Figure 9.1 — Development Standards: RVL and RL Districts; Figure 9.2 — Development Standards: RC Districts; Figure 9.3 — Development Standards: RM and RMH Districts; Figure 9.4 — Development Standards: RH and RSP Districts. 1. Planning Manager Oscar Orci stated staff was requesting a continuance to allow additional time for staff and the Building Industry Association, and others, to discuss the potential changes to the Code, before bringing it back to the Commission. 2. It was moved and seconded by Commissioner Tyler/Abels to continue Zoning Code Amendment 2003-076 to October 14, 2003. Unanimously approved. C. Zoning Code Amendment 2003-077; a request of the City for review of proposed changes to Chapter 8.13 regarding Water Efficient Landscaping. 1. Planning Manager Oscar Orci informed the Commission additional time was needed to make certain the proposed changes are G:\WPDOCS\PC Minutes\7-29-03WD.doc 2 385 Planning Commission Minutes July 29, 2003 consistent with current City policies. 2. It was moved and seconded by Commissioners Tyler/Daniels to continue Zoning Code Amendment 2003-077, to the meeting of October 14, 2003. Unanimously approved. D. Village Use Permit 2003-017; a request of Alan O'Neil for consideration of an addition of approximately 688 square feet to an existing single family home and the conversion of the structure into administrative offices for a telecommunications company on a 0.24 acre site located at 51-455 Desert Club Drive. 1. Chairman Kirk excused himself due to a potential conflict of interest due to the proximity of his residence to the site, and left the dias. 2. Vice Chairman Abels opened the public hearing and asked for the staff report. Associate Planner Martin Magana presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 3. Vice Chairman Abels asked if there were any questions of staff. Commissioner Tyler asked if this site had previously been used as a commercial site. Staff stated yes. Commissioner Tyler asked about the number of parking spaces on the site. Staff indicated the location of the parking spaces. 4. Commissioner Daniels asked how long the air conditioning unit had been in its existing location. Staff noted eight years and the Code does require screening. 5. There being no further questions of staff, Vice Chairman Abels asked if there was any public comment. There being no public comment, the public participation portion of the hearing was closed and open to Commission discussion. 6. Commissioner Daniels stated he agreed with staff's recommendations except for the screening of the air conditioning equipment. 7. Commissioner Tyler stated he agreed. His concerns was adequate parking. He went by the site and there were numerous vehicles at the site and he would like to see a specific number of parking 336 G:\WPDOCS\PC Minutes\7-29-03WD.doc 3 Planning Commission Minutes July 29, 2003 spaces required before approving the permit. In regard to the trash, this should be worked out between the applicant and Waste Management, as long as it is out of sight. Associate Planner Magana asked if three parking spaces was an adequate number. 8. Vice Chairman Abels stated he did not agree with deleting Condition #7, as he thought it was needed. 9. There being no further discussion, it was moved and seconded by Commissioners Daniels/Abels to adopt Planning Commission Resolution 2003-052 approving Village Use Permit 20003-027, as recommended by staff and amended. a. Condition added: There shall be a total of four parking spaces b. Condition #7: Deleted ROLL CALL: AYES: Commissioners Daniels, Tyler, and Vice Chairman Abels. NOES: None. ABSENT: Chairman Kirk and Commissioner Quill. ABSTAIN: None. Chairman Kirk rejoined the Commission. E. Village Use Permit 2003-016; a request of Frank Glynn for Rael Development Corp., for consideration of a two story, six unit apartment building located on the east side of Avenida Martinez, south of Calle Tampico. 1. Chairman Kirk opened the public hearing and asked for the staff report. Planning Manager Oscar Ord presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Tyler asked if the parking spaces were covered. Staff stated they are shown as being covered. Commissioner Tyler stated the Code requires them to have 12.4 covered parking spaces and three for guests. He also noted a conflict between Conditions #39 and #41. Staff clarified. Commissioner Tyler asked staff to clarify Condition #42. Staff explained this meant they must be adaptable to ADA requirements. 3. Commissioner Daniels asked if there was bus service in this area. Staff stated there was. 387 G:\WPDOCS\PC Minutes\7-29-03WD.doc 4 Planning Commission Minutes July 29, 2003 4. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Frank Glynn, architect for the project, gave a presentation on the project. 5. Chairman Kirk asked if there were any questions of the applicant. Commissioner Tyler asked if the parking spaces were covered. Mr. Glynn stated they were and he would not object to a condition requiring them to be. 6. Commissioner Daniels asked if the applicant had an objection to the solid wall on the balcony. Mr. Glynn stated he had none. 7. There being no further questions of the applicant, and no further public comment, the public participation portion of the hearing was closed and open for Commission discussion. 8. Commissioner Tyler stated he has a problem with the ALRC recommendations regarding the solid wall as he would prefer the wrought iron railing for compatibility with the apartment complex across the street. 9. Chairman Kirk asked if staff had a recommendation on the parking. Community Development Director Jerry Herman stated there was a recommendation for a deviation from the number required as the applicant was required to provide affordable units per an Agreement with the Redevelopment Agency. 10. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-053, approving Village Use Permit 2003-016, as recommended by staff and amended: a. Condition #43: The balconies shall be constructed with a wrought iron railing pursuant to the appropriate Building Code. b. Condition added: The applicant shall provide covered carports. C. Condition #41: Supports for carport eaves shall be "at least" three feet from the property line. d. Condition #42: First floor units must be "ADA adaptable" per the CBC Section IIA. 388 G:\WPDOCS\PC Minutes\7-29-03WD.doc 5 Planning Commission Minutes July 29, 2003 ROLL CALL: AYES: Commissioners Abels, Daniels, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioner Quill. ABSTAIN: None. F. Tentative Tract Map 30092; a request of Tahir Majid for a one year time extension to file a final map for a subdivision of 37 acres into 97 single family lots, located at the northwest corner of Avenue 58 and Monroe Street. 1. Chairman Kirk 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 Kirk asked if there were any questions of staff. Commissioner Daniels asked if there was only one access onto the street on the south. Staff stated the applicant will be amending the map to move the access more centrally along Avenue 58. Staff also noted the Fire Marshall has requested an emergency access onto Monroe Street 3. Commissioner Tyler asked about Condition #43. Assistant City Engineer Steve Speer stated this is not applicable and can be deleted. 4. Commissioner Tyler asked if Avenue 58 and Monroe Street are conditioned to be upgraded. Assistant City Engineer Steve Speer explained this condition should be changed to require the road to be upgraded from a rural standard to an urban standard with regard to structural sections. 5. Commissioner Tyler asked about Condition #55. Staff explained this was a condition to require a change in the standard for the concrete that is used in this location due to the sulfate content in the soil, which creates high heat. It is considered hot and attacks concrete. As a result, you need to use a higher strength concrete. 6. Chairman Kirk asked if the applicant would like to address the Commission. The applicant was not present, and there being no other public comment, the public participation portion of the hearing was closed and opened for Commission discussion. G:\WPDOCS\PC Minutes\7-29-03WD.doc 6 Planning Commission Minutes July 29, 2003 7. Commissioner Tyler asked if staff had any concern regarding the access being in close proximity to the IID Headquarters, as this could be a problem with traffic. Staff stated it was probably going to be moved. 8. There being no further discussion, it was moved and seconded by Commissioners Tyler/Abell to adopt Planning Commission Resolution 2003-054, recommending approval of Tentative Tract Map 30092, first extension of time, as recommended/amended: a. Condition #43: Deleted b. Condition #55: Per the Uniform Building Code. C. Condition added: Avenue 58 and Monroe Street shall be upgraded to an urban standard. d. Condition added: The Public Works Department shall have discretion to move the access point further east on Avenue 58, but within the requirements of the General Plan ROLL CALL: AYES: Commissioners Abels, Daniels, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioner Quill. ABSTAIN: None. G. Tentative Tract Map 31349; a request of Toll Brothers for consideration of a subdivision of 69 acres into 198 single family lots located on the north side of Avenue 52, on the east side of Jefferson Street. 1. Chairman Kirk 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 Kirk asked if there were any questions of staff. Commissioner Tyler asked if the narrower lots were approved under the Specific Plan. Staff stated yes. 3. There being no other questions for staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Chris Bergh, MDS Consulting, representing the applicant, indicated he was available for any further questions. 300 G:\WPDOCS\PC Minutes\7-29-03WD.doc 7 Planning Commission Minutes July 29, 2003 4. There being no further questions of the. applicant, and no other public comment, Chairman Kirk closed the public participation portion and open for Commission discussion. 5. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-055, recommending approval of Tentative Tract Map 31349, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Kirk, Tyler, and Chairman Butler. NOES: None. ABSENT: Commissioner Quill. ABSTAIN: None. H. Site Development Permit 2003-775; a request of Washington 111, Ltd. for consideration of a request to construct five buildings totaling 84,600 square feet within the Washington Square Commercial Center, bounded by Highway 111, Avenue 47, Washington Street, and Adams Street. 1. Chairman Kirk opened the public hearing and asked for the staff report. Planning Manager Oscar Orci presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked if there would be any effect if the parking spaces were eliminated as requested by the ALRC. Staff stated they are currently over parked and there would be no issue. Commissioner Tyler asked that Condition #23 be clarified as to who is to be paid what. 3. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Jack Tarr, representing the applicant, stated he was available to answer any questions and they had no objections to the conditions as recommended. 4. Chairman Kirk asked if there were any questions of the applicant. He also asked the applicant to clarify what site plan they were reviewing as the number of parking spaces in front of the sub - majors was different. Mr. Tarr explained. 5. Commissioner Tyler asked for clarification as to the number of parking spaces recommended to be removed by the ALRC in front 391 G:\WPDOCS\PC Minutes\7-29-03WD.doc 8 Planning Commission Minutes July 29, 2003 of the stores. Mr. Mark Giles, KKE Architects, stated the site plan being presented was to address the ALRC recommendation and some of the tenants concerns. Discussion followed regarding the areas where the parking stalls would be removed. The new site plan was to address the concerns raised by the ALRC. 6. Commissioner Tyler suggested the planters be raised so people could sit on them. Mr. Tarr stated they could accommodate the suggestion. 7. Chairman Kirk stated he would like to see the parking as originally presented, but add a wider undulated sidewalk. Push the drive aisle to the north. Mr. Tarr stated it depends on the type of tenants. If they are soft goods, it does not lend itself to having the people places. They are intending to create this type of environment on the Washington Street side. 8. Commissioner Tyler stated his concern regarding Sub -major 1, Parcel 6 elevations, as it needed some type of architectural detail added. Mr. Giles stated it was consistent with the Target elevation which it faces. Discussion followed regarding potential changes. 9. Chairman Kirk asked if there was any other public comment. There being no further public comment, Chairman Kirk closed the public participation portion of the hearing and opened the matter for Commission discussion. 9. Commissioner Daniels stated he would like to see a compromise with the parking. 10. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-056, approving Site Development Permit 2003- 775, as recommended by staff and amended: a. Condition #23: Clarification as to the developer being the A. G. Spanos Corporation. b. Condition added: Landscaping shall be enhanced on the west elevation (next to Target) to add vertical elements. ROLL CALL: AYES: Commissioners Abels, Daniels, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioner Quill. ABSTAIN: -None. 39,0 G:\WPDOCS\PC Minutes\7-29-03WD.doc 9 Planning Commission Minutes July 29, 2003 VI. BUSINESS ITEMS: A. Sign Application 2003-708; a request of Omri and Boni Siklai for consideration of a business identification sign for the Omri and Boni Restaurant located at the northeast corner of Washington Street and Lake La Quinta Drive. 1. Chairman Kirk asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked for clarification of whether the letters were painted and plastic. Staff explained and showed a sample. 3. Chairman Kirk asked if the colonnades were approved to be lighted at night. Staff stated yes. 4. There being no further discussion, it was moved and seconded by Commissioners Daniels/Abets to adopt Minute Motion 2003-011, approving Sign Application 2003-708, as requested. Unanimously approved. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. Vill. COMMISSIONER ITEMS: 1. Commissioner Abels gave a report of the City Council meeting of July 22, 2003. 2. Commissioner Daniels stated he would be unable to' attend the September 9, 2003 Planning Commission meeting. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Abels/Daniels to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on August 12, 2003, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 8:13 p.m. Res ctfully su mitted, r ecutive Secretary Y City a Quinta, California 393 G:\WPDOCS\PC Minutes\7-29-03WD.doc 10 REPORT/INFORMATIONAL ITEM: c2 MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA July 2, 2003 10:00 a.m. I. CALL TO ORDER A. This meeting of the Architectural and Landscaping Review Committee was called to order at 10:12 a.m. by Planning Manager Oscar Orci who led the flag salute. B. Committee Members present: Bill Bobbitt and David Thorns. It was moved and seconded by Committee Members Bobbitt/Thoms to excuse Committee Member Cunningham. C. Staff present: Planning Manager Oscar Orci, Associate Planner Greg Trousdell, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: IV. CONSENT CALENDAR: 1. Staff asked if there were any changes to the Minutes of June 4, 2003. There being no corrections, it was moved and seconded by Committee Members Thoms/Bobbitt to approve the Minutes as submitted. V. BUSINESS ITEMS: A. Site Development Permit 2003-774; a request of Michael Shovlin for review of development plans for a 5,306 square foot restaurant building (Thai Smile) located at 78-902 Highway 1 1 1, within the One Eleven La Quinta Shopping Center. 1. Associate Planner Greg Trousdell presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 394 Architecture and Landscaping Review Committee July 2, 2003 2. Committee Member Thoms suggested the trash enclosure be moved to a central trash station to have one central area. In regard to the handicap walkway connection, he would suggest the applicant simulate what was done at the Lowe's site. He has a concern regarding the entry treatment. Staff explained his entry was a similar treatment used throughout the Center. The applicant indicated the location of the trash enclosure and explained the reasoning behind where it was located. Committee Member Thorns stated he had no problem with the location of the trash enclosure as long as the gates were screened so you could not see through them. 3. Committee Member Thorns stated the peeler poles needed to be removed. The building should be' designed to resemble the use of the occupant. Mr. Brandon Wood stated he had requested to build the building to consistent with the Center. They wanted a gable roof to make the entry more distinguished. 4. Committee Member Bobbitt stated he would like to see a little more variety to the. Center. 5. Committee Member Thorns asked that the outside patio have an upgraded surface material. Some kind of design and upgraded stamped concrete material for the floor. A landscape architect could be creative in this area. Also, there should be some type of provision for shade such as umbrellas. Mr. Wood stated the area is completely covered. 6. There being no further questions, it was moved and seconded by Committee Members Bobbitt/Thoms to adopt Minute Motion 2003-026 approving Site Development Permit 2003-774, as recommended by staff and amended: a. Condition added: with some exterio the use. b. Condition added: Unanimously approved. r Design changes to the building entry architectural changes to distinguish Paving on the patio shall be upgraded. 395 G:\WPDOCS\ARLC\7-2-03 WD.doc - - 2 Architecture and Landscaping Review Committee July 2, 2003 B. Site Development Permit 2003-777; a request of St. Francis of Assisi Catholic Church for review of development plans for the conversion of a 3,192 square foot house to a Youth Center located at 46-895 Highway Palms. 1. Planning Manager Oscar Orci presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Father Jack Barker, representing the Church, who gave a presentation on the project and introduced Brian Devlin contractor, and Joe Barick, Pastoral Associate. 2. Committee Member Bobbitt clarified which elevation would be facing the street. 3. Committee Member Thoms asked if the transition from the Church parking lot to the house was adequate with just a few steps. Father Barker explained the slope and grading including the ramp for handicap access. Committee Member Thorns asked about the elevation changes between the patio area and Highland Palms Drive. Mr. Devlin explained the retaining wall was approximately 30 inches above the street. 4. Committee Member Bobbitt stated it was an excellent presentation and should be a welcome addition to the neighborhood. 5. There being no further questions of the applicant, it was moved and seconded by Committee Members Thoms/Bobbitt to adopt Minute Motion 2003-027 approving Site Development Permit 2003-777, as recommended by staff. Unanimously approved. C. Village Use Permit 2003-016; a request of Frank Glynn for review of architectural and landscaping plans for a two story, six unit apartment building located on the east side of Avenida Martinez, south of Calle Tampico. 1. Planning Manager Oscar Orci presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Mr. Frank Glynn, architect for the project, who gave a presentation on the project. 396 G:\WPDOCS\ARLC\7-2-03 WD.doc - - 3 Architecture and Landscaping Review Committee July 2, 2003 2. Committee Member Thorns asked Mr. Glynn to explain the stairway entrance. Mr. Glynn explained you entered behind the colonnade. Committee Member Thorns asked about the iron railings for the upstairs units and where the patios were located for the downstairs units. Mr. Glynn explained the balconies are above on the opposite side of where the patios are located. Committee Member Thorns expressed his concern that the balconies would become storage areas for the tenants and he would like to see the balconies have a minimum three feet high wall and then the railing. Mr. Rael, developer, stated they have strict rules governing how the tenants will maintain their units and this will not be an issue. 3. Committee Member Thorns stated the lawn area should be researched to see what the area could better be used for by the tenants. Something that could enhance the area. 4. Committee Member Bobbitt noted the jasmine appears to be planted on the lawn area on the plans. He would replace the star jasmine with a different plant such as a "Little John" or "Mexican Heather". Also, the Dacaliferia palms should be young and healthy. He would recommend using the Washatonia variety instead. Committee Members noted the design changes and complimented the applicant on his project. 5. There being no further questions of the applicant, it was moved and seconded by Committee Members Thoms/Bobbitt to adopt Minute Motion 2003-028 approving Village Use Permit 2003- 028, as recommended by staff and amended: Condition added: The balconies shall have a three foot wall to enclose the balcony with a six inch railing. Condition added: The planter beds shall be delineated. Condition added: Replace the Star Jasmine and date palms with appropriate material Unanimously approved. 397 G:\WPDOCS\ARLC\7-2-03 WD.doc - - 4 Architecture and Landscaping Review Committee July 2, 2003 D. Site Development Permit 2003-775; a request of Washington 111, Ltd., for review of architectural and conceptual landscaping plans for the second phase of Washington Park Commercial Center generally bounded by Highway 111, Avenue 47, Washington Street, and Adams Street. 1. Planning Manager Oscar Orci presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Mr. Mark Kazz, of KKE Architectez, Bill Sanchez owner's representative, and Hal Hall, who gave a presentation on the project. 2. Committee Member Thoms stated there was to be a notable landscaping treatment at the major entries to the Center. Mr. Kazz noted the landscape areas on the plans. Committee Member Thoms stated there are nine parking stalls that are adjacent to the sidewalk in front of the buildings and he would like to see them moved from the front of the building. Staff stated they would check on their required number of parking spaces and see if they can be eliminated. 3. There being no further questions of the applicant, it was moved and seconded by Committee Members Thoms/Bobbitt to adopt Minute Motion 2003-029 approving Site Development Permit 2003-775, as recommended by staff and amended: a. Condition added: Nine parking stalls shall be eliminated from the front of the buildings and allow for some outdoor seating spaces in front of Sub -majors 2 and 3. Unanimously approved. E. Water Efficient Ordinance; a request of the City for review of proposed water efficient landscaping guidelines. 1. Planning Manager Oscar Orci presented the information contained in the staff report, a copy of which is on file in the Community Development Department 398 GAWPD0CS\ARLC\7-2-03 WD.doc - - 5 Architecture and Landscaping Review Committee July 2, 2003 2. Committee Member Thorns gave an explanation of a possible alternative to the tree wells. 3. Committee Member Bobbitt gave a presentation on tree growth within tree wells and the room necessary to allow the trees to grow in a parking lot. 4. There being no further questions, it was moved and seconded by Committee Members Thoms/Bobbitt to adopt Minute Motion 2003-030 recommending approval of the Water Efficiency Ordinance with the recommendation that staff and Committee Members hold discussions regarding tree well alternatives for parking lots. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMITTEE MEMBER ITEMS: Vill. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Bobbitt/Thoms to adjourn this regular meeting of the Architectural and Landscaping Review Committee to a regular meeting to be held on August 6, 2003. This meeting was adjourned at 11:48 a.m. on July 2, 2003. Respectfully submitted, BE S YER, Executive Secretary 393 G:\WPDOCS\ARLC\7-2-03 WD.doc - - 6 DEPARTMENT REPORT: a ,A AUGUST 19 CITY COUNGL'S UPCOMING EVENTS CITY COUNCIL MEETING SEPTEMBER 2 CITY COUNCIL MEETING - CANCELLED SEPTEMBER 7-9 LEAGUE OF CITIES ANNUAL CONFERENCE SEPTEMBER 16 CITY COUNCIL MEETING OCTOBER 7 CITY COUNCIL MEETING OCTOBER 7 STATE GUBERNATORIAL RECALL ELECTION OCTOBER 21 CITY COUNCIL MEETING NOVEMBER 4 CITY COUNCIL MEETING NOVEMBER 4 REGULAR CONSOLIDATED ELECTION NOVEMBER 18 CITY COUNCIL MEETING DECEMBER 2 CITY COUNCIL MEETING DECEMBER 16 CITY COUNCIL MEETING loo August 2003 La Quinta City Council Monthly Planner Printed by Calendar Creator Plus on 8/14/2003 A � 1 `t L September 2003 La Quints City Council Monthly Planner MondaySunday . I'Tednesday I nursaayIli ally, a a 14 ..• 1 2 3 4 5 6 k r Labor Day 2:00 PM City Council 10:00 AM ALRC 12:00 PM Mayors Lunch 9:00 AM - 4:00 PM SJSR Ntl. Monument- +e F ,5 (CITY HALL Meeting CANCELLED g Henderson CLOSED) »mayy'+ M 4k V 7 8 9 10 11 12 13 7:30 AM CVEP-Adolph 7:00 PM Mosquito 9:00 AM RCTC- —OW Patriot Day 10:00 AM Pub. Sfty- Abate. -Perkins Henderson Perkins 12:00 PM Transp: 7:00 PM Planning Commission 5:30 PM Investment Advisory Board 12:00 PM Energy/Envi- Perkins 3:00 PM Mtns. Con -Sniff Sniff 7:00 PM Cultural Arts 6:00 PM League- Commission Co Henderson 7:00 PM Com. Serv. Comm. League Annual Conference 14 15 16 17 18 19 20 9:00 AM CVA-Henderson 3:00 PM Historic Preser- 2:00 PM City Council vation Commission Meeting 21 22 23 24 25 26 27 12:00 PM CVAG Human/ Comm -Osborne 9:00 AM LAFCO- Henderson 1 st Day of Autumn 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- 7:00 PM Planning Osborne Commission 28 29 30 6:00 PM CVAG-Exec Com-Adolph August October S M T W T F S S M T W T F S L' 4 1 2 3 4 3 4 5 6 7 8 9 5 6 7 8 9 10 11 10 11 12 13 14 15 16 12 13 14 15 16 17 18 k 17 18 19 20 21 22 23 24 25 26 27 28 29 30 19 20 21 22 23 24 25 31 26 27 28 29 30 31 Printed by Calendar Creator Plus on 8/14/2003 October 2003 La Quinta City Council Monthly Planner 1 2 3 4 J 10:00 AM ALRC eptember T . November S MT W T F S_: S MT W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 2 3 4 5 6 7 8 9 10 11 12 13 14 15 14 15 16 17 18 19 20 16 17 18 19 20 21 22 ti 21 22 23 24 25 26 27 23 24 25 26 27 28 29 `28 29 30� 30 n,. 5 6 7 8 9 10 11 2:00 PM City Council 9:00 AM RCTC- 12:00 PM Energy/Envi- Meeting Henderson Sniff 5:30 PM Investment 7:00 PM Cultural Arts Advisory Board Commission 12 13 14 15 16 17 18 7:30 AM CVEP-Adolph 10:00 AM Pub. Sfty- 7:00 PM Mosquito Abate. -Perkins 3:00 PM Historic Preser- vation Commission Perkins 7:00 PM Planning 12:00 PM Transp.- Commission Columbus Day Perkins 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 19 20 21 22 23 24 25 9:00 AM CVA-Henderson 12:00 PM CVAG Human/ 9:00 AM LAFCO- 2:00 PM City Council Comm -Osborne Henderson Meeting 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Osbome 26 27 28 29 30 31° Daylight i� Savings 6:00 PM CVAG-Exec Com-Adolph 7:00 PM Planning Commission, Halloween �g Time Ends y 403 Printed by Calendar Creator Plus on 8/14/2003 DEPARTMENT REPORT: 3^$ 4 stP MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: June Greek, City Clerk DATE: August 19, 2003 SUBJECT: Selection of Date for Holiday Open House The City will host the Annual Holiday Open House in the Courtyard again this year. A review of the Mayor and Council Member's calendars has shown several possible dates for this event. The dates that appear to be available are: Thursday, November 20, 2003 Friday, November 21, 2003 Monday, December 1, 2003 Friday, December 5, 2003 Tuesday, December 9, 2003 City Council is asked to approve one of these dates, or indicate another date that may be more convenient. This will allow staff ample time to prepare and mail the invitations in a timely manner. Map DEPART EST ImPOs�T:�_ TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety, DATE: August 19, 2003 RE: Monthly Department Report - July 2003 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and business licenses for the month of July. The reports depict the following highlights: • Year-to-date building permit valuation is $189,644,060.49 which represents an issuance of 2,447 building permits through July; • 1,666 animal control cases have been handled through July; • 1.,413 code compliance cases have been initiated through July; • 8 new licenses were issued to La Quinta based businesses in July; • $1,210.00 - garage sale permit income in July FIRE STATION UPDATE • Apparatus Bay high lift (12" CMU 14' & 8" CMU 12') grouted. Progress continues on apparatus bay construction. • Fire Station slab poured at administration and living quarter areas. • Partial garden block wall footing poured @ north property line. • Progress continues at CVWD well site garden block wall, excavation and steel construction. • New construction site access on Adams. 405 N O N c O O O O O O O O O N O O O ti m W to M (M O O O O O O O O O M O L6 O Ci In o cc ac g 0 0 & � a o � U 64 � mr- rn NU-) o o O o 0 0 o O O O p p 8 .- ti =a m tri ai tri O o O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 o (D 1- m N 0) 69 6*- 69 9 6 69 69 69 69 69 V). 69 69 6A CM ri Z Z 0M0 � ti — 0 (0 N O Q CID LO (D O O to N O O N I O 00 CAM C7 . . N . O . . to . ti . h . ti . . C7 . to . IT . . . . 0 . _. . p a) � O 00 to 'IT N Nr CIO 7 N M r- O � O M IV «� (D -- T- to O 00 � (3 69 to � 00 O d' (D M et ti V 0D ti O (D N (D cM to 0 (o (n r T � T- IT (D 64 64 ff! 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M (D to O 00 O D 0 D 00 D O N O o 0) . 69 � r- '-tr m N to 00 O O T- r- to O o r- v .- to m v O tl- (D m- O 00 O � 00 � N to 00 m (D N .- N �- 00 N 06 00 C7 to o to m 0) Q c J 00 ti to 69 � (7 O � O M ti O 00 6H v O M r-. 6v-9 A 41),� u 69 6N9 69 449 69 CO)O Cl)O (C J O O O 00 O It It 7 O (M O m O O O O O M O O to w O ti Q v O 00 O N O f- O O LL- }' Q v 00 6 6 O M N LO ti 1 O 0 00 00 6 gcp vi (o N g 0 M .-.O q lJJ LU _ r- r- cM to r- 00 00 O N (M N to v 69 O co 00 (M T" f- ti O O N O m O O ' Z Cl N N e- e- O O 00 O (D 1l- 'cf. ti �t ti to t` cM 69 00 O 06 (o N It O C7 cai to a to a m P. w (O NN Z CA O Cr1 69 M N 00 N 0)N co o CD ul 69 69 06, 69 69 J = CY) T" N 69 69 69 69 69 QO 11 1611",, m O O 00 O O O O O O O O to O O O O (D O O OO h N Z 0 0O to O O O O O O rs O (V CO CA In O O 00 O O O Cr)O O (V CM C) Q N V O e- M ~O 00 ER 69 IT O O 69 O N W IT t` 00 69 V d N f� et r�- Z N O 00 14, N 'qt N to ti 00 O (V 00 (D Cl 0 N 69 (V 69 �t to (V 69 (D 69 N v It N O 69 co r- A r- (0 69 H 69 69 69 69 CO � 69 t�! N T- O to O O r C) ti O Cl) O O O O r- (D O o r- h N Ir- to (M r- 00 r- N T- sf v p v M Ir- J N co I' LO IT T- to ti 00 O m O CD to N � P- m M m N O w vt 00 O cM N to (D (D w pG N W T O O to J Z = W J w U wO Cr)tn00W o o to Lr)p��oD 00 0Otn� Q W OZ W Z O Q J Q w Q O Z O w U J Q J Q U U U Q O Z U Li Q LL W ur Z F- Qm /o W w wO fJA W J 0Z w Q Q O pwO M E- ANIMAL CONTROL REPORT FOR: July 2003 Steve Alexander, Jackie Misuraca and Moises Rodarte Animal Pickups YEAR TO YEAR TO DATE 03 DATE 02 Dogs Alive 42 238 212 Dead 9 46 39 OTI 2 27 7 Cats Alive 2 118 145 Dead 4 53 46 OTI 0 1 6 Other Animals Alive 12 68 79 Dead 3 39 48 OTI 0 1 0 TOTAL ANIMALS Alive 56 424 436 Dead 16 138 133 OTI 2 29 13 TOTAL ANIMALS REMOVED 74 591 582 VIOLATIONS: NO OWNER Dogs at Large 14 Noise Disturbance 0 Defecation Removal 0 License Violation 0 Other 0 MONTHLY TOTAL 14 YEAR TO DATE 150 TOTAL MONTHLY INCIDENTS HANDLED: TOTAL YEARLY INCIDENTS HANDLED: INCIDENTS YEAR TO YEAR TO HANDLED DATE 03 DATE 02 Bite Reports 8 25 25 Animal Trap Set Ups 5 52 43 Cruelty to Animals .0 3 2 Vicious Animal Restraining 0 0 2 Special Hour Patrols 0 9 26 Zoning 1 8 6 Lost/Found 43 277 235 Animal Rescue 1 13 12 Outside Agency 3 5 0 City Reclaims 12 98 70 Other 15 119 130 TOTALS 88 609 551 WARNINGS CITATIONS 0 12 0 0 3 0 0 33 0 0 3 45 18 298 July 03: 224 July 02: 197 July 03:1666 July 02: 1514 407 03 CODE COMPLIANCE STAT REPORT FOR July July 03 YEAR TO DATE 03 YEAR TO DATE 02 ABATEMENTS: Nuisance Abatements Started 119 881 2126 Weed Abatements Started 7 79 187 Vehicle Abatements Started 63 445 922 Dwelling Abatements Started 3 8 40 TOTAL STARTED 192 1413 3275 TOTAL COMPLETED 165 1163 2884 Case Followups 553 3191 4175 Home Occupation Inspections 8 85 127 Business License Inspections 0 1 0 Garage Sale Permits Issued 121 1012 1576 4c?$ 04 MMCMc+Mmmmm �0-'00000000 .toNNNNNNNN y •- cM 00 d O r- �N N Q ` ` ti N � f` ti ti ti ti W � W co ZWL�O O oIU .-0:5z ��W -J Z w 9 F- — I- Q a U 0 w W W¢ p Z m-aWI- U 10 -3 w U U) IM M CO 0 IZ a W W = a :5 _ � O C� to CL' cA S cA N M 1� to 00 00 O) 0000(0•-Or) HO 00 1- e- f 00 COM�d'P4. �N �00000000 a jAMMAMMMM 0w0LnWLoW)w BINNNNNNNN �00000)1T00 m 1A �aaaaaaaa .a000UUUUU HHHHHHHH Z Z Z Z Z Z Z Z o > > > > > > > > �C1CiC�C1C'1C1C1U �'gggg�ggg 0 W O > W X>O O °D pow �a pW0 W Q0�>-Q�-w}- ¢I-¢ wn-¢ J= Z= J= W ��WU=Q2U= -pNO.OI�M��jjN�G � J W W U 0LLJ : X LU LU f-- c4L-W� (� Z Z zwO�Jcn CN r-4),- Zc_npHWQ Z pUUjQ W ,- Lu Wco H v W o • i (a cl=-C�?�ZV�Q � o C.) O � a —W �Um1�(!)W 0m0 l p�Ooao�-moo Eaoco��ocol�co �M(3)000 nOOCV z000a0000 409 05 -r- DEPARTMENT REPORT: +� o� �o NCOMORA N � ,ED190 �4� OF 11� TO: FROM: DATE: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL JERRY HERMAN, COMMUNITY DEVELOPMENT DIRECTOR AUGUST 19, 2003 SUBJECT: DEPARTMENT REPORT FOR THE MONTH OF JULY Attached please find a copy of the Community Development Department Report which outlines the current cases processed by staff for the month of July. 410 COMMUNITY DEVELOPMENT DEPARTMENT DEPARTMENT REPORT JULY 2003 PROJECT DESCRIPTION CUP'S 1 submitted Development Agreements 0 submitted Environmental Assessments 5 submitted Fugitive Dust Control 0 submitted General Plan Amendment 1 submitted Lot Line Adjustments 2 submitted Minor Adjustments 0 submitted MUP's 2 submitted Parcel Maps 1 submitted Parcel Mergers 0 submitted Sign Permits 8 submitted Site Development Permits 7 submitted Specific Plans 2 submitted Tentative Tract Maps 4 submitted TUP's 3 submitted Zone Change 1 submitted Zoning Code Amendments 0 submitted 92411 o -v I � a� Z N -v N > -v O> a) > a 0 0 co j o Q aa° am Vrn as cyan cU a I-N Q • c� I co MM -0v� O _ I Lo O M tz Cl) >,� � -, CD C) 1 o -5 co I U t 2 I I UU C)I I �UU I U Q aU 3-0oc�-ac O c (D 0 .� N a) >� o .a) 0 �.� c� c 00=�ca — co cm -o c�cS O 0 E O O N L VU�N CU rnoCN� _oa�_�a>i � I` c �� O O EUco ca CQ •a) �•O C� OM O V "E: C) N a O ca C `'"' vc-ov� a) . 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J= L L C O o. + - cu tq I �.. p C N ti p 0 O 0 c c C cu c� E D � � �+ c CUN p � c a E>oaN a0co0 Ecru a 0Ec E�4- o--0 'a c V 0— O O C� .c p V-a p O O O 0� p m O O co Q O M �O S W NN N C .N a 0 .O O p C u 0 (7 p O O - '0 OF—.N G 00a.tn c D aV U 0 in a. 00 LO M O O. anN ti a200- . N cn O 0 N N o� CL .O a L Z+ ca %< r 00 0 U) CAc O .� M c CO) It r O O N CN W O ~ W Cl)= 00 M W OO COO N O � cM cv �Q� J N O� ccM 00) OO Va OMM 0 O O O M co N -0M y0 a CL F-Wcn C w 0 co U z� 41 �— O IL W OC a V W O w a J Q C.� W a U) CV) CIO O M O O U*) �0 � M CEO T-- CEO d V C O o� 0) o 00 d � E low O C� o \ o C O Q + Co N L- O CD f` O o � � M V 69 Ef} X 69 V c C w0� C o cU v •N .o ,C O L. 0 = S� 0 0 a �* �^ m ch CL UL o� a) m -0 rn c -co 0 m O CLc J J C N O H V Y a � �U LL C J o 07 416 DEPARTMENT REPORT: � s �c ti5 OF tom° TO: HONORABLE MAYOR AND MEMBERS OF THE CITCO YCO NCIL FROM: DODIE HORVITZ, COMMUNITY SERVICES DIRECT DATE: AUGUST 19, 2003 SUBJECT: TRANSMITTAL COMMUNITY SERVICES DEPARTMENT REPORT FOR THE MONTH OF JULY 2003 UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF SEPTEMBER 2003: Sept 2 *AARP Driver Safety Program Sept 4 *Beginning & Advanced Ceramics Class Sept 6 La Quinta Summer Tour, Landmark Golf Club Sept 8 * "Elder Law Issues" Seminar Sept 9 *Free HI -CAP Counseling Sept 10 *Watercolor Lessons Sept 11 *Tai Chi Sept 13 La Quinta Community Park Grand Opening Sept 13 La Quinta Summer Tour Awards Banquet, Desert Willow Sept 15 *Monthly Putting Contest Sept 15 * Hatha Yoga Sept 15 Beginning Pilates, Senior Center Sept 15 Beginning Computers, Senior Center Sept 15 Classic & Latin Ballroom Dance Lessons, Senior Center Sept 16 Mixed Media Painting, Senior Center Sept 16 Little T & Me, Recreation Trailer at Fritz Burns Park Sept 16 Tae Kwon Do, La Quinta High School Sept 16 Beginning Bellydance, La 'Quinta High School Sept 16 Hatha Yoga, Senior Center Sept 16 Oil Painting Class, Senior Center Sept 16 Adobe PhotoShop Elements, Senior Center Sept 16 *Free Hearing Consultations Sept 16 Artsoup Ceramics, Recreation Trailer at Fritz Burns Park Sept 17 Little T & Me, Recreation Trailer at Fritz Burns Park Sept, 17 Famous Fairy School, Recreation Trailer at Fritz Burns Park 41w Sept 17 Mastering Microsoft Excel, Senior Center Sept 17 Hatha Yoga, Senior Center Sept 17 Absolute Obedience Dog Training, Senior Center Sept 18 Adobe PhotoShop Elements, Senior Center Sept 18 Pastels & Degas, Senior Center Sept 18 Line Dancing Lessons, Senior Center Sept 18 Bellydance, Level 2, Senior Center Sept 18 *Fiesta Luncheon Sept 18 Little T & Me, Recreation Trailer at Fritz Burns Park Sept 19 *Free Legal Counseling Sept 21 Adult Soccer League, La Quinta Community Park Sept 23 *Representative from Congresswoman Mary Bono's Office Sept 25 * Long -Term Care Seminar Sept 26 *Decorative & Faux Painting Sept 29 *Braille Institute's Low Vision Services Workshop Sept 30 *Dog Training Class Sept 30 * Bellydance Class Sept 30 *Beginner's Arthritis Tai Chi Class *Daytime Senior Center class or activity 418 Community Services Department Attendance Report for the Month of July 2003 Summary Sheet Program 2003 2002 Variance Sessions Per Month 2003 2002 Leisure Classes 34 18 16 11 8 Special Events 613 529 84 29 29 Adult Sports 220 375 -155 22 18 Senior Center 900 750 150 94 68 Total 1767 1672 95 156 123 Senior Services Senior Center 501 422 79 22 20 Total 501 422 79 22 25 Sports Complex Use LQ Sports & Youth 800 600 200 20 20 Total 800 600 200 20 20 Facility/Park Rentals Civic Center Campus (Wedding) 45 0 45 1 0 Senior Center (Church) 220 0 220 4 0 Total 265 0 265 5 0 Total Programs 3,333 2,6941 6491 203 168 Volunteer Hours Senior Center 275 477 -202 Total Volunteer Hours 275 477 -202 Monthly Revenue Senior Center $ 4,173.75 $ 2,190.50 $ 1,983.25 Community Services $ 9,194.00 $ 10,048.00 $ (854.00) Total Revenue $ 13,367.75 $ 12,238.50 $ 1,129.25 Revenue Year to Date Senior Center $ 4,173.75 $ 2,190.50 $ 1,983.25 Community Services $ 9,194.00 $ 1 10,048.00 $ (854.00) Total Revenue to Date $ 13,367.75 $ 12,238.50 1 $ 1,129.25 413 Community Services Program Report for July 2003 2003 2002 2003 2002 Participants Participants Variance Meetings Meetings Leisure Classes Beginning Computers 7 8 -1 2 4 Hatha Yoga 13 0 13 2 0 Tae Kwon Do 8 0 8 6 0 Latin Classic Ballroom 6 10 -4 1 4 Totals 341 18 161 11 1 8 2003 2002 2003 2002 Participants Participants Variance Meetings Meetings Special Events Summer Day Camp 306 352 -46 22 22 Desert Willow Golf 53 47 6 1 1 Westin Mission Hills 58 41 17 1 1 Sun City Mountain Vista 43 44 -1 1 1 Trilogy Golf Course 66 0 66 1 1 Ocean Festival Excursion 50 45 5 1 1 Sandcastle Competition 27 0 27 1 1 Corned Night 10 0 101 11 1 Totals 613 529 841 291 29 2003 2002 2003 2002 Participants Participants Variance Meetings Meetings Adult Sports ,OpenGym Basketball 220 375 -155 22 18 Totals 2201 375 -155 22 18 Recreation Totals 1 8671 922 -551 621 55 Page 2 420 Senior Center Attendance Participation Participation Variance Meetings Meetings 2003 2002 2003 2002 Senior Activities ACBL Bride 141 129 12 5 5 Bridge, Duplicate/Social 338 312 26 14 16 Ice Cream Social 7 10 -3 1 1 Monthly Birthday Party 20 22 -2 1 1 Monthly Luncheon 89 90 -1 1 1 Movie Time 66 45 21 9 6 Putting Contest 7 6 1 1 1 Senior Activity Total 668 614 54 32 31 Senior Leisure Classes Ballroom Dance 26 17 9 5 3 Ceramics 10 11 -1 5 3 Computer 26 27 -1 7 6 Computer Tutor 1 4 -3 1 4 Dog Training Class 9 0 9 4 0 Exercise 48 38 10 12 13 Quilting 35 34 1 5 3 Rug Hooking 2 2 0 2 2 Sketching/Drawing 5 0 5 4 0 Tai Chi 21 0 21 6 0 Watercolor 13 0 13 4 0 Woodcarving 18 3 15 3 3 Yoga 18 0 18 4 0 Senior Leisure Classes Total 232 136 96 62 37 TOTAL SENIOR PROGRAMS 900 750 150 94 68 Senior Services AARP "55" Course 29 20 9 2 2 FIND Food Distribution 290 240 50 4 3 HEAP Utility Program 45 18 27 1 3 I.I.D. Energy Assistance 82 92 -10 8 8 I.I.D. Energy Assistance/No fee 8 5 3 4 3 Medicare/Hi Cap Consultation 4 3 1 3 1 Volunteers 43 44 -1 n/a n/a TOTAL SENIOR SERVICES 501 422 79 22 20 SENIOR CENTER TOTAL 1401 1172 __2291 116 88 DEPARTMENT REPORT: g TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, P.E., Public Works Director/City Engineer DATE: August 19, 2003 RE: Public Works/Engineering Department Report for July, 2003 Attached please find the following: 1. Citizen Service Request Summary; 2. Encroachment Permit and Plan Check Services Summary; 3. Capital Improvement Plan Status Update; 4. Monthly Summary of Public Works Tasks (:;kimothy R. on son Public Works irector ity Engineer 422 O to $ N r r CV r s "s€t f < f r r r f N k � w: L; #f Y N r 0.1 r r r N ?k> Y a x 4 f R � r # r r >k , 7N�w. C4 V- mg4: �V. oa `rf ti M M N M £k ,y x (O O O O xC' M O ti O co " YLi:i.�� [YV:S;+##.'.4`4V )'�'� '•�?:�£'u�•SP,.;ii:`. kbn: w O O � CD T— w w O V— ... 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C .� W Q 0 OO f. v Nrl% O 4) N- c- N.0 .- a-o O p --.I•C O N �3 CV) _ � v o cn M y�0� C N U V +O+ Uco y O •� Q m 0 O y ate. -C N V U 0 ~ N C N Q O N i cn -0 C� 'i-M °� C c CL,4 C 0 O °E a CM ++ r N N cO CO � N V U � � O O .0 ` •� — �p C — y > LU f-+ Cc +co � ++ °JQ -0 •� C O amm 0 0 U 0 0 m N C H C 0 �aN H0�'- CD M U0oo C.0 (A Ow- O �Nd +-, — a 'a s 0)E o a 0 � as E O QoC'N W� �.• Net ' cn yC C v M �vONr CL W 00 � v o y O O Im 00 o O Z. V .0 U. cn0 00acAa0.c) Z. O NONWGi Z ch c ' a� a� O M N 'p 'C Cl) t 0 O C) N 0 O O CM CY) O 'v O c LO O a� 'C LO 0 E Z O N (D N CO)O a) O W cv 0 N 0 ui e— CO � H• O O 00 QO O M C7 LU a rn � LO (0 o a MLO m M (M O CD J cV p ' > O H O N 4- O p i O C Q C O C ' C=� G) O N H E �- c� EZ �-+ �E yZ W a� CO C.)o J o E .D O 0 a /Q� V 0 " 0 � a .o a v N Q 'o O 428 MONTHLY SUMMARY OF PUBLIC WORK TASKS . MONTH OF: July, 2003 Employee's Hourly Labor Breakdown Crew#1 Crew #2 Crew #3 Maint. Mg. Code Activity 4 Men 4 Men 1 Man 1 Man 1000 Policing/Inspection 60 12 19 33 124 1001 Pot Hole -Repair/Patching 12 80 2 94 1002 Crack/Joint-Repair 2 11 2 1603 Pavement Marking/Legends 16 16 1004 Pavement Markin /Strnpin 8 8 1006 Curb Paints 6 6 1006 Other Traffic Controls 46 24 70 1007 Curb S Gutter Repair/Const. 1 1 1008 Other Concrete Re airs/Const. 24 24 1009 Street Sin Install (New) 50 50 1010 Street Si n Repair/Maint 22 50 7 79 1011 Debris Removal 37 19 2 1 59 1012 Ri ht of Way Maint. 49 32 2 83 1021 ICLEAN Catch Basin Inlet/Outlet 8 33 4 45 1022 Rondo Channel OutleWault 1 2 2 5 1022A Desert Club Outlet/Vauit 0 1023 Retention Basins Repair/Maint. 108 45 13 166 1024 Gutter/Median Sand Removal 3 3 1025 Street Sweeping (Machine) 152 15 1026 Street Sweeping(Hand) 1 1 1 1027 Sidewalk/Bike Path Cleaning 8 8 1028 Dust Control 0 1029 Flood Control 0 1031 Parks/Retention Basins Inspection/Clean-up 8 3 3 14 1041 1 Mowing! Weeding, Shrubs & Tree Trimmil 16 16 1051 Landscape/irrigation Contract Management 32 18 50 1062 Li htin lectrical Contract Management 2 6 16 18 42 1061 Small Tools Repair/Maint. 8 2 10 1062 E uipment Repair/Maint. 1 22 23 1063 Vehicle Repair Maint. 26 20 46 1081 Trash/Litter/Recycable Removal 6 24 1 31 1082 Vandalism Repairs 22 6 28 1083 Graffiti Removal 61 50 21 1 133 1084 Maint. Yard Building Maint. 2 20 1 23 1085 Seminars/Trainin 0 1086 1087 Special Events Citizen Complaints/Requests 21 5 12 18 23 33 1088 Meeting 1 25 26 1089 Office (Phone, paper work, reports, Misc. 11 11 7 46 75 SUBTOTAL 644 609 152 164 0 1569 1091 Over Time 0 1094 Jury Duty ( ) 0 1096 Sick Leave 72 67 12 151 1096 lVacation 40 92 8 16 156 1097 lHoliday 40 32 8 80 1098 STD (Short Term Disability) 0 1099 AWP 0 SUBTOTAL 152 191 8 36 387 TOTAL HOURS 796 800 160 200 19`� TOTAL MILES 33401 1876 550 399 6154 429 DEPARTMENT REPORT: 9 CITY OF LA Q UINTA POLICE DEPARTMENT MONTOL Y REPOR T July 2003 430 City of La Quinta La Quinta Police Department Captain John Horton, Commanding June 2003 Highlights (Numbers in parenthesis denotes number of calls for service that day) Tuesday. 07-01-03 (58): Deputy Monis made a vehicle stop at Miles and Madison St. in the City of Indio. He contacted the driver, David Lee Brust (42 years old). Brust gave Deputy Monis consent to search his vehicle for illegal drugs and weapons. While searching he vehicles, he found an American Express Credit card laying on the driver's side floorboard. Deputy Monis looked at the credit card and noticed it was issued to somebody else. While checking the name on the credit card through dispatch, Deputy Morton overheard the radio traffic and told Deputy Monis that the name on the credit card was a victim of a burglary where credit cards were stolen. Deputy Morton stated he had investigated the burglary. Deputy Monis collected the credit card as evidence and arrested Brust for receiving stolen property and booked him into the Indio Jail. Wednesday, 07-02-03 (55): Deputy Morton responded to the 51000 block of Ave. Villa reference a nineteen tear old, Drew Scott Lindfield, arguing with his girlfriend, Andrea Pinson, and threatening to kill himself because she was breaking up with him. He cut himself on the head with a razor and was threatening to shoot himself with a gun that he had with him. The gun later turned out to be a replica. We contacted him at his residence, at the 79000 block of Ave 42, and took him to Desert Hospital for mental problems. Thursdav, f6ft Deputy Wedertz arrested Jeffrey Wood, 40, La Quinta for DUI. Wood tried to make it home and figured he was safe behind gated walls of Park La Quinta but did not make it far enough. He was .19 on pas but refused chemical tests. Two pitbulls attacked, but did not bite elderly man on dirt path behind Home Depot. He fended them off with stick. Witness called us. The dogs ran off but were located and herded to space 44 at Dune Palms trailer park where Animal Control took custody of both. Deputies Donivan and Harter arrested David Edward Beltran, 19 yrs. of Indio for burglary at Home Depot after Beltran tried leaving the location with a security screen door. Deputy Burns responded to the 79000 block of Rancho La Quinta Dr. in Rancho La Quinta County Club reference a past burglary. Approximately $30,000 worth of electronic equipment was taken from the residence while the victim was golfing in the country club. ID Techs responded for latents and photos. Friday, 07-04-03 (70): Deputy Adams arrested Albert Bisuano, 27, Indio, for DUI. Bisuano was booked into Indio Jail. Deputy Alvarado arrested Sheila Middleton (40 years old) for DUI. She was booked into Indio Jail. Deputy Gaunt arrested Mario Zamarripa for public intoxication. and an outstanding misdemeanor warrant for vandalism at the78000 block of Sagebrush, La Quinta. This arrested was a result of Deputy Gaunt responding to the residence to investigate a family disturbance. 431 Saturdav, 07-05-03 (50): Deputy Drafton responded to the 53000 block of Avenida Herrera, La Quinta reference a noise call. Deputy Drafton conducted a warrant check of the homeowner, Sergio Sanchez that indicated he had a warrant for carrying a loaded weapon. Sanchez was arrested and booked into Indio Jail for the warrant. Deputy Drafton responded to the 51000 block of Avenida Obregon, La Quinta, reference a 911 call. The caller told Desert Dispatch that his ex -girlfriend Annette Garcia had stabbed him. Deputies arrived on scene and contacted an older Hispanic couple. Both were uncooperative and stated nothing had happened. Deputies conducted a sweep of the residence but were unable to find any victims or a crime scene. A check of the phone number indicated the 911 call was made from the Obregon residence. Deputies had dispatch perform a computer check of Annette Garcia to check for any other known addressed. Deputies responded to an address on Avenida Rubio but the residence appeared to be vacant. As the investigation continued, the couple that Deputies initially spoke to finally admitted there had been a domestic dispute at the location between Annette and Rudy Mendez. During that dispute, Rudy was seen bleeding from his arm. The couple stated that Rudy and Annette left the location prior to the arrival of law enforcement. Dispatch placed calls to local hospitals and requested they notify us if Rudy arrived for treatment. Deputies continued to check the area and other residence's for 3 hours. The family was advised to call us if Rudy returned home. The family does not think Rudy wants to be contacted since he is on parole for carjacking. Deputy Heffley arrested Ramon Avila for an outstanding misdemeanor warrant for spousal abuse. at Hwy. 111 and Adams Street during a traffic enforcement stop. Sunday. 07-06-03 (43_)�- Deputy Hernandez responded to 44060 Tiara CT., La Quinta reference a report of two males fighting. Upon arrival, Deputy Hernandez contacted William Bennett and Timothy Moore. Bennett and Moore were fighting because Moore wanted to sleep and Bennett refused to turn off the radio. A warrants check of Bennett indicated he had a misdemeanor warrant for spousal abuse. Neither party wanted to press charges. Bennett was arrested and booked into the Indio Jail for his warrant. Deputy Krachman responded to the 54000 block of Avenida Diaz, La Quinta. reference a missing person report. Lexis Lequenne reported that her son, Gabe Harris has been missing since 1600 hours on 07/03/03. He was supposed to meet his girlfriend, Darcy Cadwallader, at the Beer Hunter. His vehicle was located in the parking lot but he was no place to be found. He has a history of drug and alcohol abuse. None of his clothing has been taken and no family members have heard from him since his girlfriend spoke to him over the telephone. Krachman circulated his picture at the Beer Hunter. There are no leads at this time but he took the surveillance tapes from the beer Hunter as possible evidence. Monday, 07-07-03 (50): Sgt. Sullivan went to the 79000 block of Calle Prospero where he contacted Alex Montagu and conducted a "knock and talk" search of the residence. On 07/07/03 Montagu was involved in another confrontation with his neighbor, Nancy Doria, at the 79000 block of Calle Prospero. She currently have a restraining order against him. On 07/03/03 he told both Sgt. Sullivan and Deputy Demarest that he had a .45 cal pistol and was prepared to use it. Montagu left the residence going away for the weekend. We later found out that there is a "no firearms" clause in the restraining order. The gun he claimed he had locked in the cabinet of his office was a B.B. Gun. No firearms were found in the residence. Deputy Lewis responded to the 51000 block of Avenida Ramirez, La Quinta, reference a report of a sixteen - year -old male severely beating his ten -year -old brother. The ten -year -old sustained injuries to his left eye, left forehead and right arm. He was transported to Eisenhower Hospital. The older juvenile was booked into the Juvenile Hall for assault with a deadly weapon. Tuesday, 07-08-03 (36): Deputy Martinez responded to a report of an unattended death at the 53000 block of Avenida Alvarado in La Quinta. Visiting Nurses Assoc. did a welfare check on Verna Jean Cairns who was not answering the phone or door. Two Doberman dogs inside the residence were later secured by LQ ACO. CDF pride open the security screen door to gain entry into the residence. Verna Cairns found deceased in the master bedroom with no obvious signs of trauma. Sgt. McManus and Coroner Sandoval responded. Wednesday, 07-09-03 (53): Deputy. Burns arrested Jose Zendejas (29 years) for female genital mutilation and parole violation. The victim sustained minor injuries from being struck with a stick. He was booked into the Indio Jail. Thursday, 07-10-03 (57): At 2130 hours, Deputy Reynolds handled a carjacking, at the La Quinta Stater Brothers Super Market. The victim was driving a 2002 Chevy Trail Blazer, Ca. Lic. 4VUF711. The victim loaded the groceries and boarded her car. As she boarded her car, a Hispanic male juvenile entered the car through the rear passenger door. He ordered her out of the car and fled the area with the car. A search of the area was conducted but we were unable to locate the vehicle. An A.P.R was released. **Update** At 0115 hours, Deputies saw a Trail Blazer headed southbound on Harrison from Ave. 48. The Deputies were unable to stop the vehicle due to a long concrete divider in that area. A radio broadcast was made advising other units of the TrailBlazer's direction of travel. Members of the Gang Task Force located the vehicle in the Sutter Springs Apartment complex located on Harrison, just south of Ave 53. The vehicle was occupied by Carlos Alberto Contreras and a 17-year-old female. During questioning, Contreras admitted to stealing the vehicle. It was later determined that the female was not involved. Contreras was booked into Indio Jail for carj acking. Friday, 07-11-03 (51): Palm Desert Target Team served a search warrant at the 53000 block of Ave. Velasco, La Quinta. They seized approx. 2-oz Methamphetamine, 2 handguns and misc. jewelry. The suspect, Lynn Miller was not at the location during the service of the warrant. Miller is driving a White '97 Acura 2 dr. Ca. Lic. # 3WSW178. Saturday, 07-12-03 (53): Search Warrant served at the 51000 block of Ave Vallejo by SET team. Arrested were James Francis Brown, 47, for receiving stolen property, and James Brown III, 21 for drug paraphernalia. Stolen checks and a credit card located. Sunday, 07-13-03 (34): 0740 hours, Deputy Verduzco pedestrian checked Christopher Paul Vincent, at Montezuma and Eisenhower. Vincent had outstanding warrants for willful harm or injury to a child, battery on a spouse, and forcible entry; vandalism. He was booked at Indio Jail. 0848 hours, Deputy Verduzco pedestrian checked Ramiro Mercado Ortiz at Sinaloa and Mendoza. He had outstanding warrants for driving under the influence of alcohol and was cited and released at the scene. 1030 hours, Deputies Hoyt and Harter arrested Alejandro Rodriguez for three warrants for willful violation of a court order, battery and driving with a suspended or revoked license. The contact was a result of a traffic stop Washington and Tampico. Rodriguez was booked at Indio Jail. 433 Deputy Lewis handled a residential burglary at the 52000 block of Avenida Bermudas, La Quinta. The resident arrived home and found approx. 15 subjects in her home. The subjects fled and the victim called the La Quinta Police Department. During the course of the investigation Deputy Lewis located a stolen floor safe in the back yard. This safe was stolen a week earlier. It was determined that the son of the victim had a party at the residence on July 4th. After the party, it appears some of the partygoers broke into the house and took some items out of the house and attempted to steal the car located in the garage. The victim's son named some of his friends, Michael Nicholson, Shonte Williams, Jeremey Waits, Maurice Burrel, Teddy Hartwell, and Solomon Shaw as the subjects who committed the burglary at his mother's residence and the burglary where the safe was stolen. Latent fingerprints were recovered at the burglary where the safe was taken from. They also stole a motorcycle from the same house, and it was seen at this residence several days earlier. Monday, 07-14-03 (52): 0724 hours, Deputy Verduzco arrested James Edward Martin for an outstanding petty theft warrant. He was contacted during a traffic stop. Cited on scene. Tuesday, 07-15-03 (52): No significant activity Wednesday, 07-16-03 (42): Deputy Mortis arrested Jesus Rodriguez of La Quinta for spousal abuse during a following up to Deputy Verduzco spousal abuse investigation on 07/14/03. Deputy Monis located the suspect at the 45000 block of Van Buren, Indio. Thursday. 07-17-03 (54) Deputy Estrada responded to the 79000 block of Horizon Palms in reference to a check the welfare. The RP advised that Fredda Kyro, 60 years, of La Quinta has not been seen for 8 days, and numerous newspapers were in front of her residence. Upon his arrival, Deputy Estrada found that Kyro had passed away approximately 8 days ago. A check of the residence revealed no signs of foul play, and Kyro suffered from diabetes and a heart condition. Deputy Coroner Horton responded as well as Sgt. Shields. Friday, 07-18-03 (64): Deputy Ervin responded to the 53000 block of Avenida Herrera, La Quinta reference a 911-phone call made to dispatch. Upon arrival, Deputy Ervin contacted Dena Tamayo. A records check of Tamayo indicated she had a felony spousal abuse warrant. She was arrested and booked into Indio Jail. Saturday, 07-19-03 (64): No significant activity to report Sunday, 07-20-03 (35): No significant activity Monday, 07-21-03 (49): No significant activity 4A Tuesday, 07-22-03 (68): Deputies Wedertz and Vanderhoof responded to the 52000 block of Ave. Rubio regarding a domestic dispute. Upon his arrival, he met with the victim, Annette Garcia. Garcia said just prior to deputies arriving to her residence, her ex -boyfriend, Rudy Mendez forced his way into her house. Once inside, Mendez hit and kicked her. She sustained scratches and abrasions to her legs and arms. Mendez fled the area in a gray Ford F150 pick-up. The deputies checked the area but were unable to locate Mendez. Burglary and spousal abuse will be filed on Mendez. Deputy Hernandez and Sgt. Gnatek responded to the 44000 block of Camino La Cresta in the City of La Quinta to investigate an unattended death. Prior to our arrival, Paramedic and CDF personnel were on scene and attempted to revive an elderly white male. The elderly male was later identified to be Jack Marcellus Mayes, 90 years of age. Anna Bella Mayes (Jack's wife) found Jack laying in bed non- responsive. CDF and paramedics attempted but were unable to revive Jack. According to Anna Belle, Jack had been suffering from a severe viral infection for the last several weeks that made him very weak. Anna Belle said Jack last saw his doctor on 072103. No evidence of foul play or suicide were found. It appeared Jack died from natural causes. At approx. 1500 hours, we received a call from the Lexus Car Company. They indicated they had picked up a satellite signal in La Quinta from a stolen Lexus out of the Indian Wells area. The on duty CSO was unable to locate the vehicle and Sgt. Pina related this information to the RAID team. At approx. 1600 hours they located the vehicle unoccupied in the La Quinta area. The car was boarded by two male subjects and drove off. Deputy Contreras and Sgt. Pina attempted to stop the vehicle. The vehicle failed to yield and a pursuit was initiated. During the pursuit C.H.P air 63 assisted in the pursuit and once the pursuit reached the area of old S.R. 86 they assumed the pursuit. The suspects drove into an orange grove at Avenue 70 W/of old S.R. 86 and fled from the vehicle. A search of the area was conducted and we failed to locate the suspects. During the pursuit there was a traffic collision between the stolen car and a citizen in La Quinta. Deputy Morton handled this investigation. Wednesday, 07-23-03 (57): 0125 hours- Deputy Ervin responded to the 51000 block of Avenida Juarez reference residential burglary in progress. Deputy Ervin arrived on scene and learned that Shelly and Rick Morris were sleeping in their room when Shelly noticed a Black male standing in the bathroom. The suspect appeared to be looking through her purse. Shelly woke her husband who later went physical with the suspect in the hallway. The suspect managed to free himself and ran from the residence. The suspect was described as a light skinned black male, approx. 19-20 years old, 507/140, wearing no shirt and dark colored shorts. Deputies checked the area, however, were unable to located the suspect. The suspect is possibly a17- year -old juvenile. Deputy Wedertz attempted to develop a photo line-up but was unable to locate a picture of the suspected juvenile. The investigation is continuing. Update- La Quinta SET conducted further follow up and obtained a positive ID on the suspect. Shonte Williams will be charged with burglary. Thursday, 07-24-03 (52): Deputy Ervin responded to the area of Dune Palm and Nuevo, La Quinta reference a subject being detained by Deputy D. Smith. The subject, later identified as Leon Carter had a total of three misdemeanor warrants for his arrest. Deputy Ervin arrested Carter and transported him to Indio Jail. He was booked for the willful violation of a court order, terrorist threats and driving with out a license warrants. Deputy Burns responded to the 81000 block of Ave. 54 reference a subject found slumped over the steering wheel of his car. Deputy Burns arrived on scene and made contact with Mark Woolfield (41 years). Woolfield was arrested for under the influence of a controlled substance and parole violation and booked into Indio Jail. Deputy Adams arrested Robert Ayala ( 22 years) of La Quinta for a'felony battery warrant during a traffic stop at Ave 52 and Centrino. He was booked into Indio Jail. 4�5 Friday, 07-25-03 (56): Palm Desert motor officer was in pursuit of a white Mitsubishi and had requested assistance at Hwy. 111 and Washington but then terminated the pursuit. The vehicle was last seen EB on Fred Waring from Washington. Sgt. Jameson was traveling north on Jefferson from Westward Ho when he observed the vehicle traveling at high speed, passing traffic and failing to stop at the four way stop at Miles Ave. The front plate was different than the rear which reinforced that it was a stolen vehicle. Sgt. Jameson followed / purused the vehicle but at a lesser speed as the vehicle continued on south and ran the stop sign on Westward Ho. The vehicle continued to Hwy 111, went WB and then NB to Dune Palms where it entered a trailer park. Four occupant bailed from the vehicle and fled on foot. With the help of CHP and IPD, we were able to locate two of the passengers, one of which was either wanted for murder in Orange County or was on Parole for same. Palm Desert took the investigation. 22-cal ammo and a pellet gun were located in vehicle which was a stolen out of Indio. During the pursuit, Deputy McFadden was involved in a collision while responding from Coachella. Deputy McFadden collided with the vehicle at Indio Blvd. near the Jackson St. overpass. Both cars went out of control, his doing several 360 spins. The Cadillac struck the overpass pillars. The 71-year-old driver was transported to JFK with complaint of pain to her arm and eyes. Deputy McFadden was not injured. IPD is investigating the collision. Saturday, 07-26-03 (57): Deputy Drafton arrested Andrew Martinez for a felony offence, poss. of a controlled substance warrant. Martinez was contacted during a vehicle stop at the Ave. 50 and Jefferson. He was booked into India Jail. Sunday. 07-27-03 (50) 0015 hrs-Deputy Coleman responded to the cove area in the City of La Quinta to assist Deputy Hendry on a shots fired call. While checking the area, Deputy Coleman found a Hispanic male sitting in a car at the 52000 block of Ave. Vellego. Deputy Coleman met with the subject to see if he was possibly involved in the shooting. The subject was later identified to be Jose Partida Jr. out of officer safety, Deputy Coleman attempted to pat -search Partida for weapons. During the pat -search, Partida became uncooperative and tried pulling away from Deputy Coleman. Deputy Coleman attempted to place a wristlock hold, however Partida still tried to get out of his grasp. In order to gain control of Partida, Deputy Coleman placed him in a Caroid Restraint hold. After putting Partida in the restrain hold, he stopped struggling and was handcuffed. Deputy Coleman said he then explained to Partida the circumstances involving the shots fired call. Partida said he understood and apologized for the actions. Partida was not found in possession of any firearms and not linked to the gunshots heard in the area. Deputy Colemen released Partida and did not charged him with any violations. 1010 hrs-Deputy Donivan responded to a report of a male subject hitting a female at an apartment located at the 50000 block of Washington St. When Deputy Donivan arrived he witnessed a Hispanic male hitting a Hispanic female . When he confronted the Hispanic male, (later identified as Jose Polonio Vega, he ran away. Deputy Donivan struck him several times with the pepperball gun, but Vega was managed to still run into apartment #31. During the altercation with Vega the Hispanic female left the area. A perimeter was set around the residence and the K-9 was called out. Deputy Swan and his K-9 arrived and assisted in the investigation. Before the K-9 was used, Vega turned himself into the deputies without any further incident. Vega was arrested for battery, resisting arrest and willful harm or injury to a child and booked him into the Indio Jail. The Hispanic female was later contact by phone. She would only identify herself as Marissa and refused to talk about the incident. 2015 hrs-Deputy Munoz arrested Christopher William Harsted for public intoxication at Calle Tampico and Desert Club Dr. Harsted was reportedly passed out at this location and was reported as a man down. 1700 hrs-Deputies Reynolds and Ortega cite released Rachel Closner for misdemeanor warrants for theft and shoplifting at the 51000 block of Ave. Obregon. The arrest was made during a domestic violence investigation. 436 Monday, 07-28-03 (58): 0537 hrs-Deputy Drafton responded to the 52000 block of Ave. Rubio in the City of La Quinta to investigate an alleged rape. Upon his arrival, he met with the victim. She said at about 0500 hrs this morning her ex -boyfriend; Rudy Mendez entered her house without permission. Once in the house, Mendez forced her onto a couch and attempted to rape her. Mendez drove away from the residence in a red pick-up prior to Deputy Drafton's arrival. The victim was uncooperative during the investigation and refused to have a rape examination done. The neighborhood was searched but Mendez was not found. The victim is requesting criminal charges filed against Mendez. Tuesday, 07-29-03 (54): 2359 hrs-Deputy Drafton responded to the area of Dune Palms and Hwy I I I to investigate a report of a male subject sitting in the driver's seat of a white SUV. The SUV was parked in the intersection and the driver was non -responsive. Upon arrival, Deputy Drafton met with the driver, Emil Forrer. Forrer was found under the influence of alcohol and booked for driving under the influence. Emil's BAC level was .13. He was booked into the Indio Jail 2030 hrs-Deputy Reynolds arrested Bryan Cunard for assault with a deadly weapon, terrorist threats, vandalism, and resisting arrest at Ave. Ramirez. Cunard attempted to run over a ten -year -old juvenile and made terrorist threats towards the child's family. During the incident, he resisted arrest and while in the back seat he vandalized the unit right rear window by kicking it. He was booked into Indio Jail. Wednesday, 07-30-03 (42): Deputy Reynolds arrested Bryan Cunard for assault with a deadly weapon and terrorist threats and vandalism and resisting arrest at the 51000 block of Avenida Ramirez, La Quinta. Cunard attempted to run over a ten-year old juvenile and made threats towards the child's family. During the incident he resisted arrest and later vandalized the units right rear window by kicking it. He was booked at the Indio jail. Deputy Hernandez was flagged down by a Hispanic male in the area of Avenida Bermudas and Ave 52. The Hispanic male, Armando Gonzalez 30 years old told him he had just been beaten up by his brother, Luis Gonzalez. Armando sustained bruising to his face and a one -inch cut over his left eye. He was also very intoxicated. He desired a criminal complaint against Luis. Deputy Hernandez responded to the 52000 block of Alvarado and met with Luis. Luis denied hitting Armando and believed he fell and hit his face on the ground. He will be filed against out of custody. 0400 hrs-The LaQuinta Set Team deputies, Coleman and Wedertz, with the assistance from the Palm Desert CCAT Team arrested Shonte Williams for burglary and receiving stolen property. He was arrested at the 80000 block of Hwy I I I in the City of Indio after receiving information that he was staying at the Mauna Lao Hotel. They obtained a consent search and found numerous stolen credit cards and a small bag of marijuana. The stolen credit cards were linked to various burglaries within the La Quinta Cove area. Williams was booked at Indio Jail. Deputy Donovan responded to the 52000 block of Avenida Madero reference a mentally disturbed person. Claudine Driscoll (26 years) of Cathedral City taken to mental health after she called Desert regional medical center and claimed to have taken over 50 valiums. She said she wanted to kill herself and asked arriving deputies to kill her. She managed to slip handcuffs and then pushed rear unit window and frame loose. She admitted she had only taken two Valium and had smoked marijuana. Her roommate verified that the rest of her pills were accounted for. Deputy Burns responded the 52000 block of Ave. Alvarado reference a restraining order service. He served a restraining order to Eric Gaytan and subsequently cleared the call. An hour later the victim, Terry Orozco, called reporting that he had violated the restraining order. Deputy Burns located him about a block from the residence and took him into custody. Gaytan was booked at Indio Jail for willful violation of a court order. 437 Thursday. 07-31-03 (56): Deputy Wedertz (LQ SET) followed up on some leads from a previous burglary. His victim was able to identify Shonte William from a photo line up. William was arrested on 07/30/03 for other burglary cases. This case will be filed with the District Attorney. La Quinta Police Department Special Enforcement Team Monthly Report July 2003 (Sgt. Kevin Vest, Dep. Shaun Myers, Sr. Dep. Ken Black, Inv. Jim lArmsA'ong) The following is a summary of the Special Enforcement Team activities for the month of July. ************************************************************************************************************** Ongoing Investigations 3 Probation Searches 5 Parole Searches 0 Arrests/ Filings 4 Vehicle checks 12 Business Contacts 9 Investigation assists 2 Arrest Warrants Served 1 Arrest Warrants Attempted 1 Programs 0 Pedestrian Checks 16 Crime Prevention Hours 68 Bar Checks 1 Back-ups 8 Follow-ups 34 Search Warrants 1 Meetings 1 Recovered Stolen Property 3 Citations issued 1 Surveillance's 0 Property Checks 6 Civil Commitments 0 Bicycle Time 0 Training Hours 10 Illegal Drugs Seized 0 Total Mileage: 647 Noteworthy Accomplishments: La Quinta SET arrested Shonte Williams for residential burglary, which resulted in the recovery of stolen credit cards and over $600 dollars in cash. Additionally, Williams was responsible for numerous "Cat Burglaries" throughout the Coachella Valley. La Quinta SET served a search warrant at a residence within the La Quinta Cove which resulted in the arrest of James Brown and James Frances Brown III for possessing stolen property and drug paraphernalia. - La Quinta SET arrested Joseph Suarez for an outstanding warrant. , - La Quinta SET participated in 10 hours of formal training in the areas of building search tactics and computer program applications. - La Quinta SET attended the monthly crime prevention meeting with the La Quinta Cove Association. 439 CITY of MONTHLY SCHOOL RESOURCE Orwr OFFICER REPORT r trOr July 2003* SCHOOL: LA QUINTA MIDDLE SCHOOL / LA QUINTA HIGH SCHOOL Deputy: Robert Brooker Summer School Session: July 1st through July 25t"92003. HIGHLIGHTS: • This period of time was summer school at La Quinta High School. • Disruptive activity, by the students, was kept to a minimum. However, an unknown number of students were lighting firecrackers in the lunch area during lunch. Information about a student who was in possession of firecrackers was obtained. This one student was found to be in possession of dangerous "Mexico made" firecrackers and was suspended from school, this case has been sent to the Juvenile Court for prosecution. • There were a couple incidents of personal problems between students, which were mediated and I assisted the La Quinta and Palm Desert Task Forces with information about students at this school who may be involved in illicit activity off campus. LA QUINTA POLICE MOTORCYCLE ACTIVITY REPORT PROGRAM STATISTICS J U LY 2003 Speed Violations 36 Lane Change Violation Fail to Yield 0 Seat Belt Violations Turning Violations 4 DUI Arrests Stop Sign Violations 7 Cut Traffic for Citation Signal Light Violations 7 Cut Traffic for Collision Child Seat Violations 1 Warnings HIGHLIGHTS Prepared By: Deputy Dave Adams I Tows 25 0 Injury T/C 0_] 16 Non -Injury T/C © Suspended DL 0 Non -Moving 19 39 1 Fatal T/C I 0 070203 - Private property T/C @ 51080 Martinez. 070303 - Hit & Run @ SR 111 and Simon Dr. PCF 22107 CVC. 070303 - DUI T/C @ Pete Dye and PGA Blvd. 070303 - DUI arrest @ 111 and Adams St. LAR03184066. 071003 - DUI arrest @ Tampico and Desert Club. LAR03191003. 071003 - DUI arrest @ Ave. 48 and Washington St. LAR03191062. 071003 - DUI arrest @ Washington St. and Lake La Quinta. LAR03191081. 071103 - Non -injury T/C @ SR 111 and Simon Dr. PCF 22106 CVC. 071703 - Private property T/C @ Wal-mart. 071703 - DUI arrest @ Tecate and Carranza. LAR03198005. 071803 - DUI arrest @ Fred Waring and Galaxy. LAR03199005. 071803 - DUI arrest @ Ave. 54 and Madison St. LAR03199063. 072003 - DUI arrest @ Tampico and Bermudas. LAR03201004. 072403- DUI T/C @ Fred Waring Dr. and Jefferson St. 072403 - DUI arrest @ Washington St. and Calle Tampico. LAR03205006. 072603 - DUI arrest @ Fred Waring Dr. and Jefferson St. 072603 - DUI arrest @ Washington St. and Darby Rd. LAR03207008. 072703 - DUI T/C @ SR 111 and Simon Dr. 3 of the 5 drivers were impaired. LAR03208006. 441 Riverside County Sheriff's Department EXPLORER POST 503 PROGRAM REPORT July 2003 Explorer Post 503 members enjoyed a summer vacation break from July 1 to July 29. No meetings were scheduled during this time. On July 30, Explorer Post 503 members returned for one two hour meeting at the Indio Station. I coordinated the meeting to help prepare the Explorers for the August 2003 Explorer Academy in Riverside. During the meeting, the following areas were covered; some Penal Code sections, 5150 W.I.C. investigations, vehicle stops, physical training, and marching/formation practice. Submitted by Explorer Post Advisor Andy Gerrard 442 City of La Quinta Community Oriented Policing Office and Volunteers Report July 2003 Highlights: • The volunteer program presently has five volunteers staffing the La Quinta Community Policing Office. • Nine more are in the background process and will soon be completed. • The volunteers receive ongoing training in all areas. • One volunteer makes the Crossroads Collision Database entries and has been entering all La Quinta traffic collisions and traffic citations into the system from the COPS Office. One other volunteer will be trained in ATF computer entries. • Future training for all volunteers will include radio operations and organizational structure. • Program for fingerprinting children, registering bicycles, and applying serial numbers to residents property are being developed by the volunteers. • Approximately 150 hours of volunteer time were recorded in July. • Approximately 150 walk-in requests were handled in the COPS Office during the month. 443 CITY OF LA Q UINTA CRIME STATISTICS SUMMARY JUNE 2003 444 CITY OF LA QUINTA JUNE CRIME COMPARISONS CRIME JUNE 2003 JUNE 2002 YTD (03) YTD (02) HOMICIDE 0 0 1 0 RAPE 1 0 6 4 SEX CRIMES (FEL) 0 0 8 5 SEX CRIMES ISD 3 4 6 12 ROBBERY 0 1 12 10 ASSAULT (FEL) 10 8 53 64 ASSAULT ISD 25 27 114 111 BURGLARY 73 48 361 324 VEHICLE THEFT 12 10 60 74 THEFT (FEL) 32 14 153 158 THEFT MISD 35 34 212 280 VANDALISM MISD 32 41 173 179 DOM. VIOLENCE 19 7 79 71 NARCOTICS 8 13 36 56 DID 6 12 30 75 T/C NON -INJURY 26 49 172 336 T/C INJURY 1 5 26 42 T/C FATAL 0 0 2 0 TRAFFIC CITATIONS 328 221 1946 2114 2003 STATISTICS DO NOT INCLUDE ATTEMPTS 445 CM O O N W z z O 0- L O U w L1 U iR M N O O O O N N W W Z Z p p 0 O 0 00 Co d' N LL w w H w g CD D m LL J CO Q w co to cr- LL_ U w a 446 M O O N W Z D Z O U) <t CL 5 O U W U w <t a O FNN L1_ Q W Q J LL t w _ tz w 0 0 0 0 0 M N lv 0 m 15 Q a 4 447 w U J Q M O O N W Z Z O f- m I- U) 0 W 2E cr- A Cr)LL m U J o Q U°0 M Q Z R. LL D� CO)� CO) WY I M O O N W Z U) Z O I.L ^Q IL G O CU Q r� (D ry D m M N O O O O N N W W Z Z C) 0 0 C) 0 LO � CM N r- It w 0 w Q U w ul U J O J 8 J Q U w w O U J Q w w w 0 449 C M U O G U) W < ZU) W �~ 00 O U= LL cr- w ^ LL H 00 w Q z p U' w Z � o� U0 a Q M N O O O O N N W W Z Z O O O O O O U) O N r- 450 F� M 0 0 N w wU) � Z I...� W U� Q � W w U) C!i � o � ww O� Q J WJQ F- U� U) U _ U- o IL LL J 0 o= �� _w o �o w z WW — QU) o� � 0 oQ � c �co A O 1 M N O O O O N N 00 } 451 cY) O O N w z D F- U Q U_ LL LL Q 00-0 E-- LL O z 0 C) Q CL 2i O U M N O O 00 N N W W Z Z -1 0 0 0 0 0 0 0 0 LO o LO o LO o LO o d- M CM N N qc- T- 452 ♦ • M CITY OF LA QUINTA DISPATCH INFORMATION / JUNE 2003 TYPE OF CALL RESPONSE TIME INUTES NUMBER OF INCIDENTS EMERGENCY 6.4 2 ROUTINE 9.3 1064 *STATS TAKEN FROM RIVERSIDE CO. SHERIFF'S DATA WAREHOUSE AVERAGE. RESPONSE TIME REPORT 4~3 V COUNCIL/RDA MEETING DATE: August 19, 2003 ITEM TITLE; - Public Hearing to Consider Adoption of a Resolution Granting Approval of an Extension of Time in Which to File a Final Map for Tentative Tract 30092, a 97-Lot Subdivision on ± 37 Acres, at the Northwest Corner of Avenue 58 and Monroe Street. Applicant: Tahir Majid RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving the first extension of time for Tentative Tract 30092, subject to the findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Environmental Considerations The La Quinta Community Development Department has determined that, as an extension of time for an existing approved map, none of the circumstances set forth in Public Resources Code 21166 have been shown to exist and, accordingly, no further environmental review is warranted. Project Proposal Tentative Tract 30092 was originally approved on July 3, 2001, incorporating 97 single-family lots within ± 37 gross acres (Attachment 1). Subsequently, an Amendment to the map was filed, requesting an increase in the number of lots to 130. This Amendment was denied by the City Council on April 16, 2002. The original tract approval for 97 lots has remained in effect, with an expiration date of July 3, 2003; this extension was initiated prior to the map's expiration. 4�� The applicant has proposed no changes to the original map. The lot sizes range from approximately 11,500 to 14,000 square feet. The project will have private streets, designed with cul-de-sac streets emanating from a grid pattern. A private 1.25-acre recreation lot has been provided in the southeasterly portion of the map. Public Notice This case was advertised in the Desert Sun newspaper on July 19 and August 9, 2003. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required. No negative comments have been received. Any correspondence received prior to the meeting will be transmitted to the City Council. Public Agency Review Staff transmitted the applicant's request to all responsible and concerned public agencies. All comments received are on file at the Community Development Department, and have been incorporated into the attached Conditions of Approval, where necessary and appropriate. Planning Commission Action The Planning Commission, at its July 29, 2003 meeting, unanimously recommended approval of the first time extension for Tentative Tract 30092 by adoption of Planning Commission Resolution 2003-054. At the public hearing, no testimony was presented before the Planning Commission. After subsequent discussion and questions of staff, the Planning Commission revised several conditions (7A, 12A, 47A, 55) to clarify certain requirements therein. In addition, the Planning Commission revised Condition 57A, to require the Avenue 58 access to be relocated further east. The minutes of the July 29, 2003 Planning Commission meeting are included as Attachment 2. FINDINGS AND ALTERNATIVES: Findings necessary to approve this request can be made, as presented in the attached Resolution. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council, approving the first extension of time for Tentative Tract 30092, subject to findings and Conditions of Approval; or 2. Do not adopt a Resolution of the City Council, approving the first extension of time for Tentative Tract 30092; or 455 02 3. Provide staff with alternative direction. Respectfully submitted, Herman iunity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Location Map 2. Planning Commission Minutes of July 29, 2003 3. Reduction - Tentative Tract 30092 Sp P:\Wally\Casedocs\Current\TT30092\ccrptTT30092x1.doc RESOLUTION 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION FOR A TENTATIVE TRACT MAP OF 97 SINGLE-FAMILY LOTS ON t 37 GROSS ACRES TENTATIVE TRACT MAP 30092 MAJID FAMILY PARTNERSHIP / TAHIR MAJID WHEREAS, the City Council of the City of La Quinta, California, did on the 19" day of August, 2003, consider the request of Tahir Majid, on behalf of Majid Family Partnership, a one-year time extension on Tentative Tract 30092, a subdivision of 37 gross acres into 97 single-family lots, located at the northwest corner of Avenue 58 and Monroe Street, more particularly described as: A PORTION OF THE SW A OF THE SW A OF SECTION 22, T6S, R7E — S.B.B.M. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 29" day of July, 2003, adopt Planning Commission Resolution 2003-054, recommending approval of a one-year time extension on Tentative Tract 30092; and, WHEREAS, the City Council of the City of La Quinta, California, did on the 3`d day of July, 2001, adopt Resolution 2001-92, approving Tentative Tract 30092, subject to conditions; and, WHEREAS, said Tentative Tract Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2001-417 was certified by the La Quinta City Council on July 3, 2001, by adoption of Resolution 2002-91. As an extension of time for an existing approved map, none of the circumstances set forth in Public Resources Code 21166 have been shown to exist and, accordingly, no further environmental review is warranted; and, WHEREAS, at said City Council Public Hearing, held August 19, 2003, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the City Council did make the following mandatory findings to justify approval of a one-year time extension for said Tentative Tract 30092: 45'7 04 City Council Resolution 2003- Tentative Tract 30092, Extension #1 - Tahir Majid Adopted: August 19, 2003 1. The approved Tentative Tract 30092 is consistent with the La Quinta General Plan, as it will not be developed in any manner inconsistent with the General Plan Land Use designation of Low Density Residential and other current City standards when considering the conditions to be imposed. 2. The design and proposed improvements of the approved Tentative Tract 30092 is consistent with the General Plan, in. that development and improvement of the lots will comply with the applicable development standards for setbacks, height limitations, density, grading, streets, and access. 3. The approved Tentative Tract 30092 is consistent with the La Quinta Zoning Code, as the project contemplates land use that is substantially equivalent to that permitted under existing Low Density Residential zoning, and which were previously addressed in the EIR certified for the General Plan Environmental Assessment 2001-417. Specifically, development of existing RL-zoned land is considered to implement zoning consistency with the General Plan. 4. The design of the subdivision and type of improvements are not likely to cause environmental damage, serious public health problems, or substantially and unavoidably injure fish or wildlife, in that these issues were considered in Environmental Assessment 2001-417, in which no significant health or safety impacts were identified and mitigation measures were adopted. 5. The approved Tentative Tract 30092 has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (City Council Resolution 83-63), in that a Mitigated Negative Declaration of Environmental Impact . for Environmental Assessment 2001- 417 was certified by the La Quinta City Council on July 3, 2001, by adoption of Resolution 2001-91. 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 grant approval of a one-year time extension for Tentative Tract 30092, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. S:\CityMgr\STAFF REPORTS ONLY\PH#1 Reso TT30092.doc City Council Resolution 2003- Tentative Tract 30092, Extension #1 — Tahir Majid Adopted: August 19, 2003 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this the 191h day of August, 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: KATHERINE JENSON, City Attorney City of La Quinta, California 41�9 S:\CityMgr\STAFF REPORTS ONLY\PH#1 Reso TT30092.doc 06 CITY COUNCIL RESOLUTION 2003- EXHIBIT "A" CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 30092, EXTENSION #1 MAJID FAMILY PARTNERSHIP / TAHIR MAJID ADOPTED: AUGUST 19, 2003 GENERAL CONDITIONS OF APPROVAL 1. Tentative Tract Map No. 30092 shall comply with the requirements and standards of § § 66410-66499.58 of the California Government Code (the Subdivision Map Act) and Title 13 of the La Quinta Municipal Code (LQMC) unless otherwise modified by the following conditions. 2. This Map extension approval shall expire and become null and void on July 3, 2004, unless an extension of time is granted according to the requirements of Section 13.12.150 of the Subdivision Ordinance. 3. Developer agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of TT 30092 and certification of EA No. 2001-417. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 4. Prior to the issuance of a grading permit or building permit for construction of any building or use contemplated by this approval, the applicant shall obtain permits and/or clearances from the following agencies and departments: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (Letters dated 2-26-01 and 3-30-01) • Imperial Irrigation District (Letter dated 4-18-01) • California Water Quality Control Board (NPDES Permit) • Verizon • Time Warner Cable • Southern California Gas Company (Letter dated 3-22-01) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement 4r, !1 07 Resolution 2003- Conditions of Approval Recommended Tentative Tract Map 30092, Extension #1 Adopted: August 19, 2003 Page 2 plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. Projects disturbing five or more acres, or smaller projects which are part of a larger project disturbing five or more acres require a project -specific NPDES permit. The applicant shall submit a copy of the CWQCB acknowledgment of the applicant's Notice of Intent (NOI) prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan (SWPPP) is available for inspection at the project site. 5. Prior to approval of a final map, the applicant shall acquire or confer easements and other property rights required of the tentative map or otherwise necessary for construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction, and reconstruction of essential improvements. PROPERTY RIGHTS 6. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 7. Right of way dedications required of this development include: A. PUBLIC STREETS 1) Avenue 58 (Secondary Arterial)- 44-foot half of 88-foot right of way. 2) Monroe Street (Primary Arterial, Option A) - 55-foot half of 110-foot right of way. B. PRIVATE STREETS 1) Main Entry: As required for final configuration of the private gated entry as approved by the City Engineer. 461 08 Resolution 2003- Conditions of Approval — Recommended Tentative Tract Map 30092, Extension #1 Adopted: August 19, 2003 Page 3 2) Residential: 37-foot width. Width may be reduced to 33 feet with parking restricted to one side and 29 feet if on - street parking is prohibited provided there is adequate off- street parking for residents and visitors and the applicant makes provisions for ongoing enforcement of the restrictions. C. CULS DE SAC - Public or Private: Use Riverside County Standard 800 (symmetric) or 800A (offset) with 39.5-foot radius, or larger. 8. Right of way geometry for knuckle turns and corner cutbacks shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 9. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 10. If the City Engineer determines that access rights to proposed street rights of way shown on the tentative map are necessary prior to approval of final maps dedicating the rights of way, the applicant shall grant the necessary rights of way within 60 days of written request by the City. 11. The applicant shall dedicate ten -foot public utility easements contiguous with and along both sides of all private streets. The easements may be reduced to five feet with the express concurrence of IID. 12. The applicant shall create perimeter setbacks along public rights of way as follows (listed setback depth is the average depth if meandering wall design is approved): A. Avenue 58 (Secondary Arterial) - 32-foot B. Monroe Street (Primary Arterial) - 20-foot The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. 46,E 09 Resolution 2003- Conditions of Approval - Recommended Tentative Tract Map 30092, Extension #1 Adopted: August 19, 2003 Page 4 Where public facilities (e.g., sidewalks, multi -use trails) are placed on privately - owned setbacks, the applicant shall dedicate blanket easements for those purposes. 13. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 14. The applicant shall vacate abutter's rights of access to public streets and properties from all frontage along the streets and properties except access points shown on the approved tentative map. 15. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 16. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners. 17. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval of this tentative map by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. FINAL MAPS) AND PARCEL MAPS) 18. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. $�3 Resolution 2003- Conditions of Approval - Recommended Tentative Tract Map 30092, Extension #1 Adopted: August 19, 2003 Page 5 IMPROVEMENT PLANS As used throughout these conditions of approval, professional titles such as "engineer," "surveyor," and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 19. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." Precise grading plans shall have signature blocks for Community Development Director and the Building Official. All other plans shall have signature blocks for the City Engineer. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, entry drives, gates, and parking lots. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and entry monuments. "Precise Grading" plans shall normally include perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 20. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 21. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. 46� Resolution 2003- Conditions of Approval - Recommended Tentative Tract Map 30092, Extension #1 Adopted: August 19, 2003 Page 6 GRADING 22. Prior to issuance of a grading permit, the applicant shall furnish written acknowledgment from CWQCB of receipt of applicants Notice of Intent (NOI). 23. Prior to issuance of a grading permit, the applicant shall furnish a preliminary geotechnical ("soils") report and an approved grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 24. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240.F, except where otherwise modified by this condition. The maximum slope shall not exceed 3:1 anywhere in the landscaped setback area, except for the backslope (i.e. the slope at the back of the landscape lot), which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six (6) feet, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one -and -one-half inches (1.5") within the first eighteen inches 0 8") behind the curb. 25. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract or parcel map, but not sharing common street frontage, where the differential shall not exceed five feet. The limits given in this condition and the previous condition are not entitlements and more restrictive limits may be imposed in the map approval or plan checking process. If compliance with the limits is impractical, however, the City will consider alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 46's 12 Resolution 2003- Conditions of Approval - Recommended Tentative Tract Map 30092, Extension #1 Adopted: August 19, 2003 Page 7 26. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, LQMC. The Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 27. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 28. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. 29. Depending on the timing of development of the lots or parcels created by this map and the status of off -site improvements at that time, the subdivider may be required to construct improvements, to construct additional improvements subject to reimbursement by others, to reimburse others who construct improvements that are obligations of this map, to secure the cost of the improvements for future construction by others, or a combination of these methods. In the event that any of the improvements required herein are constructed by the City, the Applicant shall, at the time of approval of a map or other development or building permit, reimburse the City for the cost of those improvements. 30. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 466 13 Resolution 2003 Conditions of Approval - Recommended Tentative Tract Map 30092, Extension #1 Adopted: August 19, 2003 Page 8 31. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, development -wide improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 32. If improvements are phased with multiple final maps or other administrative approvals (e.g., Site Development Permits), off -site improvements and common improvements (e.g., retention basins, perimeter walls & landscaping, gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 33. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan or in an improvement agreement, the City shall have the right to halt issuance of building permits or final building inspections, withhold other approvals related to the development of the project or call upon the surety to complete the improvements. 34. Applicant shall prepare a Storm Water Pollution Prevention Plan as required by the State NPDES General Construction Permit. DRAINAGE The applicant shall comply with the provisions of Engineering Bulletin No. 97.03 and the following: 35. Stormwater falling on site during the peak 24-hour period of a 100_year storm (the design storm) shall be retained within the development unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. 4 fj 14 Resolution 2003- Conditions of Approval - Recommended Tentative Tract Map 30092, Extension #1 Adopted: August 19, 2003 Page 9 36. Stormwater shall normally be retained in common retention basins. Individual -lot basins or other retention schemes may be approved by the City Engineer for lots 2.5 acres in size or larger or where the use of common retention is impracticable. If individual -lot retention is approved, the applicant shall meet the individual -lot retention provisions of Chapter 13.24, LQMC. 37. Storm flow in excess of retention capacity shall be routed through a designated, unimpeded overflow outlet to the historic drainage relief route. 38. Storm drainage historically received from adjoining property shall be retained on site or passed through to the overflow outlet. 39. Retention facility design shall be based on site -specific percolation data which shall be submitted for checking with the retention facility plans. The design percolation rate shall not exceed two inches per hour. 40. Retention basin slopes shall not exceed 3:1. Maximum retention depth shall be five feet for common basins and two feet for individual -lot retention. 41. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leachfield approved by the City Engineer. The sand filter and leachfield shall be designed to contain surges of 3 gph/1,000 sq. ft. (of landscape area) and infiltrate 5 gpd/1,000 sq. ft. FINAL MAPS 42. In developments for which security will be provided by public safety entities (e.g., the La Quinta Safety Department or the Riverside County Sheriff's Department), retention basins shall be visible from adjacent street(s). No fence or wall shall be constructed around basins unless approved by the Community Development Director and the City Engineer. 43. The tract shall be designed to accommodate purging and blowoff water from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 46S Resolution 2003- Conditions of Approval - Recommended Tentative Tract Map 30092, Extension #1 Adopted: August 19, 2003 Page 10 UTILITIES 44. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all aboveground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 45. Existing aerial lines within or adjacent to the proposed development and all proposed utilities shall be installed underground, unless otherwise allowed by General Plan Amendment 2000-073. Power lines exceeding 34.5 Kv are exempt from this requirement. 46. Utilities shall be installed prior to overlying hardscape. For installation of utilities in existing, improved streets, the applicant shall comply with trench restoration requirements maintained or required by the City Engineer. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. 47. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses. (Public street improvements shall conform with the City's General Plan in effect at the time of construction): A. OFF -SITE STREETS 1) Avenue 58 (Secondary Arterial; 88 foot R/W) - Widen the north side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the north side, as specified in the General Plan and these conditions. The north curb face shall be located thirty-two feet (32') north of the centerline, except at locations where additional street width is needed to accommodate the following: a. Bus turnouts (if required by Sunline Transit) Other required improvements in the Avenue 58 right of way and/or adjacent landscape setback area include: a. All appurtenant components such as, but not limited to, curb, gutter, traffic control striping, legends and signs, plus a single overhead street light at the street connection to Avenue 58. 4 16 Resolution 2003- Conditions of Approval — Recommended Tentative Tract Map 30092, Extension #1 Adopted: August 19, 2003 Page 11 b. An 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves, with respect to the curb line that touches the back of curb, at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander in to the landscape setback lot, and approach within 22 feet of the perimeter wall, at intervals not to exceed 250 feet. c. A Multi -Use Trail - The applicant shall construct a meandering multi- use trail along the Avenue 58 frontage within the back 20-foot portion of the required 32-foot wide combined setback/parkway. The location and design of the trail shall be approved by the City. A split rail fence shall be constructed to separate the multi -use trail from the pedestrian sidewalk, in accordance with Section 9.140.060 (Item E, 3a) of the Zoning Ordinance. The multi -use trail, trail signs, and the split rail fence shall be completed prior to issuance of Certificate of Occupancy for the first residence. Bonding for the fence to be installed shall be posted prior to final map approval. d. Half -width of a 12-foot wide raised landscaped median along the entire boundary of the Tentative Tract Map, unless otherwise determined by the City Engineer. 2). Monroe Street (Primary Arterial Option A; 110' R/W) - Widen the west side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the west side, as specified in the General Plan and these conditions. The west curb face shall be located forty-three feet (43') west of the centerline, except at locations where additional street width is needed to accommodate the following: : a. Bus turnouts (if required by Sunline Transit) Other required improvements in the Avenue 58 right of way and/or adjacent landscape setback area include: a. All appurtenant components such as, but not limited to, curb, gutter, traffic control striping, legends and signs, plus a single overhead street light at the street connection to Avenue 58. t4 70 Resolution 2003- Conditions of Approval - Recommended Tentative Tract Map 30092, Extension #1 Adopted: August 19, 2003 Page 12 b. An 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves, with respect to the curb line that touches the back of curb, at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander in to the landscape setback lot, and approach within 22 feet of the perimeter wall, at intervals not to exceed 250 feet. c. Half Width of an 18-foot wide raised landscaped median along the entire boundary of the Tentative Tract Map, unless otherwise determined by the City Engineer. 3). Developer shall enter into a secured agreement for the deferred installation of a traffic signal at the main entrance off Avenue 58 at such time that signal warrants are met. Developer shall pay its fair share based on an "after the fact" traffic study. Developer may assign secured agreement to the HOA. Signalized intersection costs to be divided based on percentages of use to the participating developments. B. PRIVATE STREETS Residential: 36-foot travel width. Width may be reduced to 32 feet with parking restricted to one side and 28 feet with on -street parking prohibited if there is adequate off-street parking for residents and visitors and the applicant provides for perpetual enforcement of the restrictions by the homeowners association. C. CULS DE SAC Use Riverside County Standard 800 (symmetric) or 800A (offset) with 38-foot curb radius. Entry drives, main interior circulation routes, turn knuckles, corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. 471 Resolution 2003- Conditions of Approval - Recommended Tentative Tract Map 30092, Extension #1 Adopted: August 19, 2003 Page 13 48. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs, and sidewalks. Mid -block street lighting is not required. 49. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 50. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 51. Knuckle turns and corner cutbacks shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 52. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. If a wedge or rolled curb design is approved, the lip at the flowline shall be vertical (1 /8 batter) and a minimum of 0.1 ' in height. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 53. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Residential 3.0" a.c./4.50" c.a.b. Collector 4.011/5.00" Secondary Arterial 4.011/6,00" Primary Arterial 4.511/6,00" Major Arterial 5.5 "/6.50" 54. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include 19 Resolution 2003- Conditions of Approval — Recommended Tentative Tract Map 30092, Extension #1 Adopted: .August 19, 2003 Page 14 recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. The applicant shall sample native soils along the approximate alignment of the sidewalk subgrade for all frontages of the Avenue 58 and Monroe Street Tentative Tract boundaries for soluble sulfate ion concentrate. The concrete mix design shall conform to the requirements of Table 19 A-4 of the Uniform Building Code (UBC). Sampling shall be one per 1,000 linear feet of sidewalk, or as determined by the City Engineer. 55. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the tract or when directed by the City, whichever comes first. 56. General access points and turning movements of traffic are limited to the following: A. Avenue 58 (Secondary Arterial) - No turning restriction. The access point shall be relocated further east, and positioned in accordance with General Plan and Public Works requirements. B. Emergency Access on Monroe Street - No public access allowed; left turns are restricted. LANDSCAPING 57. Landscape and irrigation plans for landscaped lots, landscape setback areas and medians shall be prepared by a landscape architect and be prepared based on the water conservation measures in Chapter 8.13 of the Municipal Code. Landscape and irrigation plans shall be approved by the Community Development Department. The plans are not approved for construction until they have been approved and signed by the Coachella Valley Water District and the Riverside County Agricultural Commissioner. no 47,7 Resolution 2003- Conditions of Approval - Recommended Tentative Tract Map 30092, Extension #1 Adopted: August 19, 2003 Page 15 58. The applicant shall provide landscaping in required setbacks, retention basins, common lots, and park areas. 59. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 60. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. 61. The developer and subsequent property owner shall continuously maintain all required landscaping in a healthy and viable condition as required by Section 9.60.240 (E3) of the Zoning Ordinance. PUBLIC SERVICES 62. The applicant shall provide public transit improvements as required by Sunline Transit and approved by the City Engineer. QUALITY ASSURANCE 63. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 64. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 65. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by 21 �1 ;y, Resolution 2003- Conditions of Approval - Recommended Tentative Tract Map 30092, Extension #1 Adopted: August 19, 2003 Page 16 the City as evidence that construction materials and methods comply with plans, specifications and applicable regulations. 66. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all improvement plans which were signed by the City. Each sheet shall be clearly marked "Record Drawings," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster -image files previously submitted to the City to reflect as -constructed conditions. MAINTENANCE 67. The applicant shall make provisions for continuous, perpetual maintenance of all on -site improvements, perimeter landscaping, access drives, and sidewalks (except for multi -use trails). The applicant shall maintain required public improvements until expressly released from this responsibility by the appropriate public agency. FEES AND DEPOSITS 68. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 69. Prior to approval of a final map or completion of any approval process for modification of boundaries of the property or lots subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay the cost of the reapportionment. 70. The developer shall pay school mitigation fees to the Coachella Valley Unified School District based on their requirements. Fees shall be paid prior to building permit issuance by the City. 71. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee program in effect at the time of issuance of building permits. 22 475 Resolution 2003- Conditions of Approval — Recommended Tentative Tract Map 30092, Extension #1 Adopted: August 19, 2003 Page 17 FIRE DEPARTMENT 72. Approved standard fire hydrants, located at each street intersection and spaced not more than 330 feet apart with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1,000 g.p.m. for a 2-hour duration at 20 psi. 73. Blue dot reflectors shall be mounted in the middle of streets directly in line with fire hydrants. 74. Gates entrances shall be at least two feet wider than the width of the travel lanes. Any gate providing access from a road to a driveway shall be located at least 35' setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where one way road with a single traffic lane provides access to a gate entrance, a 40 foot turning radius shall be used. 75. Gates, if any, shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. 76. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. 77. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. MISCELLANEOUS 78. All public agency letters received for this case are made part of the case file documents for plan checking purposes. 79. The Covenants, Conditions and Restrictions for the Tract shall be approved by the City Attorney prior to approval of the final map by the City Council. 80. Privacy walls fronting onto Avenue 58 and Monroe Street shall either meander (i.e.,minimum 5'-0" undulation) or include minimum three foot offsets every 23 el� Resolution 2003- Conditions of Approval - Recommended Tentative Tract Map 30092, Extension #1 Adopted: August 19, 2003 Page 18 second lot. Perimeter tract improvements (conceptual plans) shall be approved by the Planning Commission, including landscaping and decorative screen walls. 81. Bureau of Reclamation easements that traverse the project s.ite shall be disclosed on the final map. 82. No permanent improvements may be constructed within the 50-foot easement area of the Avenue 58 agricultural drain or the 10-foot easement area of lateral 123.45-0.75 without the written consent of the Coachella Valley Water District. 83. Revise the Tract Map exhibit map to reflect the Geotechnical Investigation Report regarding liquefaction. n Q pp, W ti aRPORT BLVD. 56th ME PROJ E- CT TT 30011 COACHELLA so ATTACHMENT 2 5 ATTACHMENT 2 Planning Commission Minutes July 29, 2003 ROLL CALL: AYES: Commissioners Abels, D ' , , and Chairman Kirk one. ABSENT: Commissioner TAIN: None. F. Tentative Tract Map 30092; a request of Tahir Majid for a one year time ----�extension to file a final map for a subdivision of 37 acresto 97 single family lots, located at the northwest corner of AvenuoW8 and Monroe Street. 1. Chairman Kirk opened the public heari nd a?for the staff report. Associate Planner Wall,e Nesbit 0040.nted the information contained in the staff r Fort, a copy of whhh is on file in the Community DevelopmenjAWpartri3fam. 2. Chairman Kirk asked if theme+ any questions of staff. Commissioner Daniels asked if th was only one access onto the street on the south. Staff stated tIALEapplicant will be amending the map to move, gess more centrally along Avenue 58. Staff also noted re 3 °. has requested an emergency access onto Monr tre 3. Commissioner Tyle ed about Condition #43. Assistant City Engine0mve Sp stated this is not applicable and can be de L a Wd. 15* 4. , loner der asked if Avenue 58 and Monroe Street are co mooned to be upgraded. Assistant City Engineer Steve Speer expla this condition should be changed to require the road to upg d from a rural standard to an urban standard with and to structural sections. 5. ffommissioner Tyler asked about Condition #55. Staff explained this was a condition to require a change in the standard for the concrete that is used in this location due to the sulfate content in. the soil, which creates high heat. It is considered hot and attacks concrete. As a result, you need to use a higher strength concrete. 6. Chairman Kirk asked if the applicant would like to address the Commission. The applicant was not present, and there being no other public comment, the public participation portion of the hearing was closed and opened for Commission discussion. 26 G:\WPDOCS\PC Minutes\7-29-03WD.doc 6 47,9 Planning Commission Minutes July 29, 2003 7. Commissioner Tyler asked if staff had any concern regarding the access being in close proximity to the IID Headquarters, as this could be a problem with traffic. Staff stated it was probably going to be moved. 8. There being no further discussion, it was moved and seconded by Commissioners Tyler/Abets to adopt Plan Commission Resolution 2003-054, recommending approva0f Tentative Tract Map 30092, first extension of time, as rem ded/amended: a. Condition #43: Deleted b. Condition #55: Per the Uni�m Building Code C. Condition added: Aven „ 8 an ' onroe Street shall be upgraded to an urban idar d. Condition added: The P ' "" works Department shall have discretion to move the act oint further east on Avenue 58, but within the requiremijUrmf the General Plan ROLL CALL: AYES: Co f'ssiu'"'It' 0-11"A fteig, Daniels, Tyler, and Chairman Kirk. NOS N "°" —ABSENT: Commissioner Quill. ABSTAIN: N" G. Tentative Tr 3134 request of Toll Brothers for consideration a sub ion 9 acrnto 198 single family lots located on the nor of A_ E ion the east side of Jefferson Street. 1. C an Kirk opened the public hearing and asked for the staff repo Associate Planner Wallace Nesbit presented the forma contained in the staff report, a copy of which is on file the Com nity Development Department. 2. airman Kirk as d if there were any questions of staff. Commissioner Tyler ked if the narrower lots were approved under the Specific Plan. taff stated yes. 3. There being no other question for staff, Chairman Kirk asked if the applicant would like to ad re the Commission. Mr. Chris Bergh, MDS Consulting, representin the applicant, indicated he was available for any further questions. 2'7 G:\WPDOCS\PC Minutes\7-29-03WD.doc 7 4,90 NICKER ENGINEERINi,_ INC. 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I aIJ I 8 97 4, Ime-m-1 I° 30,-4 COUP" o - — I LOT � p•o-AaJ OKA '� Alldf r is 0 dodo M. n.a.r.r,, a• �►ao+r.r ego' ptto-s , a•.lo• a[•xa �prp••.g • .u•. V 2 . i ;�• _ I r 1 ./ �KAt panda' $0908' ►rite' radar �', ranoa• plop• tatnaa' 1 2 3 4 5 t 0 - as pro.lr, pra.ia Awoxs ,.; prOwJ7J ; prawJr.• Famire prkwiLd rro.,a.t :;IIIw Jga I Z'i't —ter Cm or I (maw" of d0MMW E R� nos ��SPOINOW � ro• 1 ra• rr �� :a• AC_ PVHI.� { •..I s amid mar VMS r a •a r% X 7 i ci PLAN � der R/7 Mr a A ow "U it 8 AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: August 19, 2003 CONSENT CALENDAR: ITEM TITLE; - Public Hearing to Consider Adoption of a Resolution Granting Approval of Tentative Tract 31349, a 198-Lot Subdivision on t 69 Acres, on the North Side of Avenue 52, East of Jefferson Street, Within the Mountain View Country Club Specific Plan. Applicant: Toll Brothers, Inc. RECOMMENDATION: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving Tentative Tract 31349, subject to findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Environmental Considerations Tentative Tract Map 31349 is exempt from the California Environmental Quality Act (CEQA) per Public Resources Government Code Section 65457(a) and 15182, as an Environmental Impact Report (SCH# 83062922), prepared for Specific Plan 90--016, was certified by the City Council on December 3, 1991, and no changed circumstances, or conditions, exist which would trigger the preparation of a subsequent environmental analysis pursuant to Public Resources Code Section 21166. Project Proposal The La Quinta City Council approved Specific Plan 90-016 for Landmark Land Company on December 3, 1991, which allowed up to 1,208 dwelling units and 21 acres of commercial land use. This approval was subsequently amended by Toll Brothers, Inc., via approval of Amendment #1 to SP 90-016 for the Mountain View Country Club residential development. Proposed Tentative Tract Map 31349 (Attachment 1) subdivides four remaining residential parcels within Tract 30357, which subdivided the entire Mountain View Country Club Specific Plan area. The proposed 198 single-family lots range in size from approximately 9,000 to 21,500 square feet. Minimum required lot widths are 60 feet for lots without golf course frontage and 50 feet with golf frontage. All but 23 of these lots back up to existing golf holes/lake hazards. There are several lettered lots proposed, which are provided for easements, golf cart access, and as common area landscaping. There are no community pool lots designated on the proposed tentative map, as the approved Specific Plan centralizes all community recreation amenities at the clubhouse area. The Mountain View Country Club Specific Plan approval allows for a total residential unit count of up to 550; should this map be approved, there will be a total of 376 single-family detached units mapped within the Specific Plan area. Public Notice This proposal was advertised in the Desert Sun newspaper on July 19, and August 9, 2003. All property owners within 500 feet were mailed a notification of the hearing, per the requirements under the Subdivision Ordinance of the La Quinta Municipal Code. As of the date this report was filed, no written comments had been received. All correspondence received prior to the meeting will be presented to the Planning Commission. Public Agency Review Staff mailed a copy of the applicant's request to responsible public agencies on June 25, 2003. All written comments received are on file with the Community Development Department. All agency comments received have been made part of the Conditions of Approval for this project, to the extent they are applicable. Planning Commission Action The Planning Commission, at its July 29, 2003 meeting, unanimously recommended approval of Tentative Tract 31349 by adoption of Planning Commission Resolution 2003-055, subject to findings and Conditions of Approval as presented by staff. At the public hearing, testimony was given by the developer only. The minutes of the July 29, 2003 Planning Commission meeting are included as Attachment 2. 02 483 S:\CityMgr\STAFF REPORTS ONLY\PH2 - TT31349.doc FINDINGS AND ALTERNATIVES: Findings to approve this request can be made, as presented in the attached Resolution. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council, approving Tentative Tract 31349, subject to the Findings and Conditions of Approval; or 2. Do not adopt a Resolution of the City Council, approving Tentative Tract 31349; or 3. Provide staff with alternative direction. Respectfully submitted, •ry Heyhfan, mmunity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Location Map 2. Planning Commission Minutes of July 29, 2003 3. Tentative Tract Map 31349 Exhibit (Council only) CcrptTT31349 RESOLUTION 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF A 198 LOT TENTATIVE TRACT MAP ON 68.72 ACRES, GENERALLY LOCATED NORTH OF AVENUE 52 AND EAST OF JEFFERSON STREET CASE NO: TENTATIVE TRACT MAP 31349 TOLL BROTHERS, INC WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 29" day of July, 2003, hold a duly noticed Public Hearing to consider a request by Toll Brothers, Inc., to create 198 single-family lots on 68.72 acres, generally north of Avenue 52 and east of Jefferson Street (within the Mountain View Country Club Specific Plan), more particularly described as follows: LOTS 179, 181, 182 AND 184 OF TRACT 30357, BOOK 324 PAGES 8-29 OF MAPS, COUNTY OF RIVERSIDE WHEREAS, the Planning Commission adopted Planning Commission Resolution 2003-055, recommending to the City Council approval of the above described Tentative Tract 31349, subject to findings and Conditions of Approval; and, WHEREAS, the City Council of the City of La Quinta, California did, on the 19" day of August, 2003, hold a duly noticed Public Hearing to consider said Tentative Tract Map; and, WHEREAS, said Tentative Tract Map is exempt from the California Environmental Quality Act (CEQA) per Public Resources Government Code Section 65457(a) and 15182, as an Environmental Impact Report (SCH# 83062922), prepared for Specific Plan 90-016, was certified by the City Council on December 3, 1991, and no changed circumstances, or conditions, exist which would trigger the preparation of a subsequent environmental analysis pursuant to Public Resources Code Section 21166; and, WHEREAS, at the Public Hearing, upon considering all testimony and arguments of all interested persons desiring to be heard, the City Council did make the following mandatory findings to justify approval of said Tentative Tract Map: 1. The proposed Tentative Tract Map 31349 is consistent with the La Quinta General Plan and the Mountain View Country Club Specific Plan, in that the subdivision will result in the development of single-family residences as prescribed in the General Plan, within a gated community, and will not affect overall density provisions as established. City Council Resolution 2003- Tentative Tract 31349 — Toll Brothers, Inc. Adopted: August 19, 2003 2. The design and improvements for Tentative Tract Map 31349 are consistent with the La Quinta General Plan and Mountain View Country Club Specific Plan, in that all proposed lots meet the required dimensions. The design of the private interior streets and the proposed residential and lettered lots are consistent with those approved and existing within the Specific Plan area. 3. The design of Tentative Tract Map 31349, and the proposed improvements, are not likely to cause substantial environmental damage, or substantially and unavoidably injure fish or wildlife, or their habitat, in that Environmental Impact Report (SCH# .90020728) was certified on December 3, 1991, by the City Council for the PGA West Specific Plan (Specific Plan 83-002), in which Tentative Tract Map 31349 is located, and there are no changed circumstances or conditions proposed with Tentative Tract Map 31349 which would trigger the preparation of any subsequent environmental analysis. 4. The design of Tentative Tract Map 31349 and related improvements will not cause serious public health problems, in that the Fire Department and the City's Building & Safety Department have reviewed the project for these issues with no significant concerns identified. Conditions of Approval have been included to mitigate the environmental impacts to a less than significant level, as provided in the Environmental Impact Report certified for Specific Plan 90- 016,. as amended. 5. The design of, and type of improvements for, Tentative Tract Map 31349 will not conflict with easements, acquired by the public at large, for access through, or use of, property within the subdivision. The map design includes provisions for access, utility and other public easements as determined necessary during review of the proposal. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case; 2. That it does hereby approve the above -described Tentative Tract Map 31349, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 19' day of August, 2003, by the following vote, to wit: Y 05 18 S:\CityMgr\STAFF REPORTS ONLY\PH2 - Reso TT31349.doc City Council Resolution 2003- Tentative Tract 31349 — Toll Brothers Adopted: August 19, 2003 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: KATHERINE JENSON, City Attorney City of La Quinta, California 06 CITY COUNCIL RESOLUTION 2003- EXHIBIT "A" CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31349 - TOLL BROTHERS, INC. ADOPTED: AUGUST 19, 2003 GENERAL CONDITIONS OF APPROVAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), Titles 9 and 13 of the La Quinta Municipal Code ("LQMC") and conditions of approval for Specific Plan 90-016, Amendment #1 and Tentative Tract Map 30357. The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. P:\Wally\Casedocs\Current\TT31349\cccoaTT31349.doc 401 City Council Resolution 2003- Conditions of Approval — Recommended Tentative Tract Map 31349 — Toll Brothers, Inc. Adopted: August 19, 2003 Page 2 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs five (5) acres or more of land, or that disturbs less than five (5) acres of land, but which is a part of a construction project that encompasses more than five (5) acres of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"), unless the previously submitted SWPPP for Tract 30357 is deemed applicable and in effect for this tract. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of . all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2► Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. 489 08 P:\Wally\Casedocs\Current\TT31349\cccoaTT31349.doc City Council Resolution 2003- Conditions of Approval - Recommended Tentative Tract Map 31349 - Toll Brothers, Inc. Adopted: August 19, 2003 Page 3 F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). PROPERTY RIGHTS 6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 7. The applicant shall offer for dedication on the Final Map all public street right-of- ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer and as conditioned for Tentative Tract Map 30357. 8. The applicant shall retain for private use on the Final Map all private street right- of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 9. The private street right-of-ways to be retained for private use required for this development include Via Tesoro, Miramonte Lane, Via Ancantara, Marbella Court, Via Sorrento, Via Castellan, Torrean Way, Camarillo, and El Dorando Drive. A. PRIVATE STREETS Property line shall be placed at the back of curb similar to the lay out and the typical street section shown in the tentative map. Use of smooth curves instead of angular lines at property lines is recommended. 1) Private Residential Streets measured at gutter flow line to gutter flow line: 36-foot travel width. 4,90 09 P:\Wally\Casedocs\Current\TT31349\cccoaTT31349.doc City Council Resolution 2003- Conditions of Approval - Recommended Tentative Tract Map 31349 - Toll Brothers, Inc. Adopted: August 19, 2003 Page 4 2) CUL DE SACS: The cul de sac shall conform to the shape shown on the tentative map with a 38-foot curb radius at the bulb or larger, using a smooth curve instead of angular lines similar to the layout shown on the tentative map. 3) Knuckle: The knuckle shall conform to the shape shown on the tentative tract map except for minor revision as may be required by the City Engineer. Curve radii for curbs at all street intersections shall not be less than 25 feet except at the or similar to the lay out shown on the rough grading plan. 10. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 11. When the City Engineer determines that access rights to the proposed street right-of-ways shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 12. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 13. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 14. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 4,94 10 P:\Wally\Casedocs\Current\TT31349\cccoaTT31349.doc City Council Resolution 2003- Conditions of Approval - Recommended Tentative Tract Map 31349 - Toll Brothers, Inc. Adopted: August 19, 2003 Page 5 15. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 16. Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster -image file of such Final Map. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 17. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 18. The following improvement plans shall be prepared and submitted for review and approval . by the City. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Street Plan: 1 " = 40' Horizontal, 1 if = 4' Vertical P:\Wally\Casedocs\Current\TT31.349\cccoaTT31349.doc r 94? City Council Resolution 2003- Conditions of Approval — Recommended Tentative Tract Map 31349 — Toll Brothers, Inc, Adopted: August 19, 2003 Page 6 Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2001 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. 19. The City maintains standard plans, detail sheets and/or construction notes for elements of construction. For a fee, established by City Resolution, the applicant may purchase such standard plans, detail sheets and/or construction notes from the City. 20. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. IMPROVEMENT SECURITY AGREEMENTS 21. Prior to approval of any Final Map, the applicant shall construct all on and off - site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 12 P:\Wally\Casedocs\Current\TT31349\cccoaTT31349.doc 49'? City Council Resolution 2003- Conditions of Approval — Recommended Tentative Tract Map 31349, — Toll Brothers, Inc: Adopted: August 19, 2003 Page 7 22. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 23. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 24. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 25. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. L P:\Wally\Casedocs\Current\TT31349\cccoaTT31349.doc 19,1 City Council Resolution 2003- Conditions of Approval — Recommended Tentative Tract Map 31349 - Toll Brothers, Inc. Adopted: August 19, 2003 Page 8 GRADING 26. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 27. Prior to occupancy of the project site for any construction, or other purposes,. the applicant shall obtain a grading permit approved by the City Engineer. 28. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer or architect; B. A preliminary geotechnical ("soils") report prepared by a qualified engineer; C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC; and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 29. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 30. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. L4 P:\Wally\Casedocs\Current\TT31349\cccoaTT31349.doc 4,95 City Council Resolution 2003- Conditions of Approval - Recommended Tentative Tract Map 31349 - Toll Brothers, Inc. Adopted: August 19, 2003 Page 9 31. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. 32. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. The overall site grading adjacent to the Canal shall not exceed two feet from natural grading, and shall not exceed more than one foot over the entire length of the site. Building pad elevations on contiguous interior lots shall not differ by more than three feet except for lots that do not share a common street frontage, where the differential shall not exceed five feet. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 33. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 34. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. 35. This development shall comply with Chapter 8.11 (Flood Hazard Regulations), LQMC. If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project 0 00-year) flood 15 P:\Wally\Casedocs\Current\TT31349\cccoaTT31349.doc '1 y J City Council Resolution 2003- Conditions of Approval - Recommended Tentative Tract Map 31349 - Toll Brothers, Inc. Adopted: August 19, 2003 Page 10 and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. DRAINAGE 36. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. Stormwater handling shall conform with the approved hydrology and drainage report for Tentative Tract 30357. Nuisance water shall be disposed of in an approved manner. UTILITIES 37. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities), LQMC. 38. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 39. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. 40. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 41. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. 16 P:\Wally\Casedocs\Current\TT31349\cccoaTT31349.doc 41,9 p City Council Resolution 2003- Conditions of Approval - Recommended Tentative Tract Map 31349 — Toll Brothers, Inc. Adopted: August 19, 2003 Page 11 The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 42. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 43. The applicant shall construct the following street improvements. A. PRIVATE STREETS - Via Tesoro, Miramonte Lane, Via Ancantara, Marbella Court, Via Sorrento, Via Castellan, Torrean Way, Camarillo, and El Dorando Drive. Construct full 36-foot wide travel width improvements within a 39-foot right-of-way where the residential streets are double loaded. B. PRIVATE CUL DE SACS - Shall be constructed according to the lay -out shown. on the tentative map with 38-foot curb radius or greater at the bulb using a smooth curve instead of angular lines similar to the layout shown on the rough grading plan. C. KNUCKLE - Construct the knuckle to conform to the lay -out shown in the tentative tract map, except for minor revisions as may be required by the City Engineer. 44. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or the approved equivalents of alternate materials): Residential 3.0" a.c./4.5" c.a.b. 45. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design P:\Wally\Casedocs\Current\TT31349\cccoaTT31349.doc 17 '.? 98 City Council Resolution 2003- Conditions of Approval - Recommended Tentative Tract Map 313497 Toll Brothers, Inc: Adopted: August 19, 2003 Page 12 procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 46. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 47. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. CONSTRUCTION 48. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. FIRE MARSHAL 49. Applicant/developer will provide written certification from the appropriate water company that the required fire hydrant(s) are either existing or that financial arrangements have been made to provide them. 50. Prior to recordation of the final map, applicant/developer will furnish one blueline copy of the water system plans to the Fire Department for review/approval. Plans will conform to the fire hydrant types, location and spacing, and the system will meet the fire flow requirements. Plans will be signed/approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." P:\Wally\Casedocs\Current\TT31349\cccoaTT31349.doc 1' 099 City Council Resolution 2003- Conditions of Approval - Recommended Tentative Tract Map 31349 - Toll Brothers, Inc: Adopted: August 19, 2003 Page 13 51. The required water system, including fire hydrants, will be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 52. Final conditions will be addressed by the Fire Marshal's office when plans are submitted for plan checking. LANDSCAPING 53. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 54. The applicant shall provide landscaping in all required and proposed setbacks, retention basins, common lots and park areas. 55. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 56. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. QUALITY ASSURANCE 57. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 19 P:\Wally\Casedocs\Current\TT31349\cccoaTT31349.doc `�o City Council Resolution 2003- Conditions of Approval - Recommended Tentative Tract Map 31349 - Toll Brothers, Inc. Adopted: August 19, 2003 Page 14 58. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 59. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 60. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet .shall be clearly marked "Record Drawing," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 61. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 62. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 63. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. t: P:\Wally\Casedocs\Current\TT31349\cccoaTT31349.doc •� �� i PROJECT S/TE 21 ATTACHMENT 2 Planning Commission Minutes July 29, 2003 7. Commissioner Tyler asked if staff had any concern garding the access being in close proximity to the IID Hea arters, as this could be a problem with traffic. Staff stated ' as probably going to be moved. 8. There being no further discussion, i as moved a. seconded by Commissioners Tyler/Abets t adopt Plan Commission Resolution 2003-054, recom ending approvjfff Tentative Tract Map 30092, first extensio of time, as rem ded/amended: a. Condition #43• Deleted b. /retion Per the Un f C. ded: AvenuAffE an urban cedar d. ded: The move the acin the requireme ROLL C L: AYES: Co s Kirk. NOa N ABSTAIN: N .; ii Building Coder anllonroe Street shall be orks Department shall have oint further east on Avenue f the General Plan Daniels, Tyler, and Chairman BSENT: Commissioner Quill. G. Tentative Tr 3134K56 request of Toll Brothers for consideration of a subdi0ion ffIM9 acreirnto 198 single family lots located on the north 6Wof A �ori the east side of Jefferson Street. 1. C an Kirk opened the public hearing and asked for the staff repo Associate Planner Wallace Nesbit presented the ormiWn contained in the staff report, a copy of which is on file the Community Development Department. 2. chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked if the narrower lots were approved under the Specific Plan. Staff stated yes. 3. There being no other questions for staff, Chairman . Kirk asked if the applicant would like to address the Commission. Mr. Chris Bergh, MDS Consulting, representing the applicant, indicated he was available for any further questions. 22 G:\WPDOCS\PC Minutes\7-29-03WD.doc 7 Planning Commission Minutes July 29, 2003 4. There being no further questions of the applicant, and no other public comment, Chairman Kirk closed the public participation portion and open for Commission discussion. 5. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-055, recommending approval of tentative Tract Map 31349, as recommended. ROLL CALL: AYES: Commissioners � Chairman Butler. NOES: Quill. ABSTAIN: None. Site Development Permit 2003-775; a for consideration of a request to cony square- feet within the Washington S` lhk Highway 111, Avenue 47, Washin hairman Kirk opi re rt. Planning co ' ed in the Comm itv Devel 2. ChairufO Co iss p*king S who Tyler, and mmissioner uestAg Washington 1 11, Ltd. fi , uildings totaling 84,600 commercial Center, bounded L-Street, and Adams Street. iblic hearing and asked for the staff rci presented the information r, a opy of which is on file in the partment. ask if there were any questions of staff. yler V%ked if there would be any effect if the 6eliminated as requested by the ALRC. Staff Orr tly over parked and there would be no issue. issioner Tyler a ked that Condition #23 be clarified as to ffiLbe paid what. are Mere being no further questi s of staff, Chairman Kirk asked if ffib applicant would like to add ss the Commission. Mr. Jack Tarr, representing the applicant, sta d he was available to answer any questions and they had no obje ions to the conditions as recommended. 4. Chairman Kirk asked if there were any questio s of the applicant. He also asked the applicant to clarify what sit Ian they were reviewing as the number of parking spaces in fro of the sub - majors was different. Mr. Tarr explained. 5. Commissioner Tyler asked for clarification as to the num r of parking spaces recommended to be removed by the ALRC in fr nt G:\WPDOCS\PC Minutes\7-29-03WD.doc 8 •I' O ^3