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2004 04 06 CCii► ' a Off' 014, of 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-quinta.org Regular Meeting Tuesday, April 6, 2004 - 2:00 P.M. Beginning Resolution No. 2004-038 Ordinance No. 406 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 CITY'S REAL PROPERTY NEGOTIATOR, MARK WEISS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF A PORTION OF 525 t ACRES LOCATED AT THE SOUTHWEST CORNER OF AVENUE 52 AND JEFFERSON STREET. PROPERTY OWNER/NEGOTIATOR: ANDY VOSSLER. City Council Agenda 1 April 6, 2000 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 1. PRESENTATION BY THE LA QUINTA WAL-MART SUPER CENTER. 2. PRESENTATION BY WINDERMERE REALTY AND CHICAGO TITLE COMPANY. 3. PRESENTATION OF A PROCLAMATION TO THE PREVENT CHILD ABUSE - COACHELLA VALLEY COUNCIL. WRITTEN COMMUNICATIONS 1. CORRESPONDENCE FROM THE COACHELLA VALLEY RECREATION AND PARK DISTRICT. 2. CORRESPONDENCE REGARDING A FUNDING REQUEST FROM THE DESERT CITIES' JUNIOR MISS PROGRAM. 3. CORRESPONDENCE FROM THE CITY OF PALM DESERT REGARDING THE INAUGURAL WASTE MANAGEMENT SISTER CITIES/DESERT CITIES CHALLENGE, TO BE HELD IN CONJUNCTION WITH THE PALM DESERT SISTER CITIES TRANSPACIFIC GOLF TOURNAMENT. 4. CORRESPONDENCE FROM THE FOUNDATION FOR THE RETARDED REGARDING THE FIRST ANNUAL FOUNDATION FOR THE RETARDED OF THE DESERT CELEBRITY GOLF TOURNAMENT. City Council Agenda 2 April 6, 2004 APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF MARCH 16, 2004. 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 APRIL 6, 2004. 2. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM LA QUINTA WAL-MART FOR TRANSPORTATION SERVICES FOR TWO SUMMER EXCURSIONS. 3. ADOPTION OF A RESOLUTION ACCEPTING DONATIONS FROM WINDERMERE REALTY AND CHICAGO TITLE COMPANY FOR THE ANNUAL EGG HUNT AND CHALK DRAWING COMPETITION. 4. APPROVAL OF AMENDMENT NO. 5 TO THE CITY OF LA QUINTA, CITY OF INDIO, COUNTY OF RIVERSIDE, CVAG REIMBURSEMENT AGREEMENT AND MEMORANDUM OF UNDERSTANDING FOR IMPROVEMENTS TO JEFFERSON STREET FROM HIGHWAY 111 TO INDIO BOULEVARD. 5. ACCEPTANCE OF PROJECT NO. 97-09 LA QUINTA CIVIC CENTER CAMPUS IMPROVEMENTS. 6. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 29323-3 ESPLANADE, LENNAR HOMES OF CALIFORNIA, INC. 7. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 30521-2 LA QUINTA DEL ORO, LENNAR HOMES OF CALIFORNIA, INC. 8. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT NO. 27519, ALISO I, CENTURY HOMES, LLC. 9. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT NO. 29563, ALISO II, CENTURY HOMES, LLC. 10. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT NO. 29586, DUNA FAIRWAYS, CENTURY HOMES, LLC. 11. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT NO. 23773-3, STARLIGHT DUNES, CENTURY HOMES, LLC. 11 City Council Agenda 3 April 6, 2004. 12. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT NO. 23773-4, STARLIGHT DUNES, CENTURY HOMES, LLC. 13. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT NO. 23773-5, STARLIGHT DUNES, CENTURY HOMES, LLC. 14. APPROVAL OF EXTENSION OF A PROFESSIONAL SERVICES AGREEMENT FOR TRAFFIC ENGINEERING SERVICES, TRAFFEX ENGINEERS, INC. 15. APPROVAL OF AWARD OF CONTRACT TO CONSTRUCT WASHINGTON STREET/MILES AVENUE PARKWAY SOIL STABILIZATION IMPROVEMENTS, PROJECT NO. 2002-09. 16. DENIAL OF CLAIM FOR DAMAGES FILED BY MINA LOPEZ - DATE OF LOSS: NOVEMBER 16, 2003. 17. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH DAVID EVANS AND ASSOCIATES TO PREPARE THE SPECIFICATIONS, AND ENGINEER'S ESTIMATE FOR THE FISCAL YEAR 2003/2004 TRAFFIC SIGNAL IMPROVEMENTS PROGRAM, PROJECT NO. 2003-15 . 18. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT NO. 28149, PGA WEST, KSL LAND CORPORATION AND/OR KSL LAND II CORPORATION. 19. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT NO. 29421, PGA WEST, KSL LAND CORPORATION, A DELAWARE CORPORATION. 20. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT NO. 28259-1, PGA WEST, KSL LAND II CORPORATION. 21. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT NO. 28340-1, PGA WEST, KSL LAND CORPORATION. 22. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT NO. 28341-1, PGA WEST, KSL LAND CORPORATION. 23. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT NO. 28603-1, PGA WEST, KSL LAND CORPORATION, A DELAWARE CORPORATION. 24. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT NO. 28838-1, LA CALA AT PGA WEST, KSL LAND CORPORATION, A DELAWARE CORPORATION. 25. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH PARCEL MAP 30327, PGA WEST, KSL DESERT RESORTS, INC., A DELAWARE CORPORATION. 26. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT NO. 28960, PGA WEST, KSL LAND CORPORATION, A DELAWARE CORPORATION. 4 City Council Agenda 4 April 6, 2004 27. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT NO. 28150, PGA WEST, KSL LAND CORPORATION CORPORATION. BUSINESS SESSION 1. CONSIDERATION OF APPROVAL OF THE RELOCATION PLAN FOR THE VISTA DUNES MOBILE HOME PARK. A. MINUTE ORDER ACTION. 2. CONSIDERATION OF ADOPTION OF A RESOLUTION FOR STREET NAME CHANGE 2003- 016 TO CHANGE THE NAME OF VILLAGE CLUB DRIVE TO HIDEAWAY CLUB DRIVE AND VILLAGE CLUB PLACE TO VIA MIRASOL. APPLICANT: ND LA QUINTA PARTNERS. A. RESOLUTION ACTION 3. CONSIDERATION OF APPOINTMENT OF A MEMBER OF THE CITY COUNCIL TO SERVE ON THE COACHELLA VALLEY ANIMAL CAMPUS COMMISSION. A. MINUTE ORDER ACTION 4. CONSIDERATION OF PARTICIPATION IN THE WASTE -TO -WONDERS ART CHALLENGE TO BE HELD MAY 14 - 31, 2004, AS REQUESTED BY S.C.R.A.P. A. MINUTE ORDER ACTION ' 5. CONSIDERATION OF APPROVAL OF A GOLF COURSE MANAGEMENT AGREEMENT WITH LANDMARK GOLF MANAGEMENT TO PROVIDE GOLF COURSE MANAGEMENT SERVICES FOR SILVERROCK RESORT. A. MINUTE ORDER ACTION 6. CONSIDERATION OF APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH LANDMARK GOLF MANAGEMENT TO PROVIDE GOLF COURSE GROW -IN SERVICES FOR SILVERROCK RESORT. A. MINUTE ORDER ACTION. J City Council Agenda 5 April 6, 2004 7. CONSIDERATION OF SECOND READING OF ORDINANCE NO. 405 APPROVING A ZONE CHANGE FROM COMMUNITY COMMERCIAL (CC) AND MEDIUM DENSITY RESIDENTIAL (RM) TO LOW DENSITY RESIDENTIAL (RL). ZONE CHANGE 2003-115, APPLICANT: MADISON DEVELOPMENT, LLC A. MOTION TO ADOPT ORDINANCE ON SECOND READING. STUDY SESSION 1. DISCUSSION OF CITY COUNCIL GOALS. 2. DISCUSSION REGARDING DRAFT FISCAL YEAR 2004/2005 CAPITAL IMPROVEMENT PROGRAM. 3. DISCUSSION OF DRAFT ECONOMIC DEVELOPMENT PLAN. 4. DISCUSSION OF CITY MARKETING PLAN FOR FISCAL YEAR 2004-2005. REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION 2. CITY COUNCIL.AD HOC COMMITTEE REPORTS 3. CVAG COMMITTEE REPORTS 4. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (HENDERSON) 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. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 10. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (ROBERT TYLER) 11. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 12. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 13. SAN JACINTO/SANTA ROSA NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 14. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 15. INVESTMENT ADVISORY BOARD MINUTES OF FEBRUARY 11, 2004. lot City Council Agenda 6 April 6, 2004 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY DIRECTOR'S MONTHLY REPORT - NONE 5. COMMUNITY DEVELOPMENT DIRECTOR'S MONTHLY REPORT - NONE 6. COMMUNITY SERVICES DIRECTOR'S REPORT A. ANNUAL FRITZ BURNS PARK POOL REPORT - SUBMITTED BY THE COACHELLA VALLEY RECREATION AND PARK DISTRICT 7. FINANCE DIRECTOR'S REPORT - NONE 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT NONE 9. POLICE CHIEF'S MONTHLY REPORT - NONE 10. FIRE CHIEF'S QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 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 speaker's podium. PRESENTATIONS - NONE 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. h City Council Agenda 7 April 6, 2004 1. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS ON 1) ENVIRONMENTAL ASSESSMENT 2004-499 TO CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; AND 2) TENTATIVE TRACT 32117 TO CONSIDER THE RE - SUBDIVISION OF t 6.32 ACRES INTO 13 LOTS WITHIN TRACT 30651, FOR PROPERTY LOCATED ON THE WEST SIDE OF JEFFERSON STREET, SOUTH OF QUARRY LANE. APPLICANT: QUARRY RANCH L.L.C. A. RESOLUTION ACTION(S) 2. PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING COMMISSION APPROVAL OF SITE DEVELOPMENT PERMIT 2004-797, CONDITION NO. 21(A)(i)(b) REGARDING A DECELERATION LANE REQUIREMENT. APPLICANT: DR. MATTHEW WERNER. A. RESOLUTION ACTION 3. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS TO: 1) CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2003-496; AND 2) TENTATIVE TRACT MAP 31910, A 132 LOT SUBDIVISION ON t 38.85 ACRES, ON THE WEST SIDE OF MONROE STREET, t %4 MILE NORTH OF AVENUE 58. APPLICANT: JOHN MEGAY AND ASSOCIATES. A. RESOLUTION ACTION(S) 4. JOINT PUBLIC HEARING OF THE LA QUINTA CITY COUNCIL AND REDEVELOPMENT AGENCY TO CONSIDER ADOPTION OF A RESOLUTION TO USE TAX INCREMENT REVENUE FROM LA QUINTA REDEVELOPMENT PROJECT AREA NO. 1 TO FUND THE CONSTRUCTION OF A LIBRARY FACILITY TO BE LOCATED ON THE CIVIC CENTER CAMPUS. A. RESOLUTION ACTION. 5. JOINT PUBLIC HEARING OF THE LA QUINTA CITY COUNCIL AND REDEVELOPMENT AGENCY TO CONSIDER ADOPTION OF A RESOLUTION TO USE TAX INCREMENT REVENUE FROM LA QUINTA REDEVELOPMENT PROJECT AREA NO. 1 TO FUND THE CONSTRUCTION OF CERTAIN PUBLIC FACILITIES LOCATED AT SILVERROCK RESORT. A. RESOLUTION ACTION 8 City Council Agenda 8 April 6, 2004 ADJOURNMENT ADJOURN TO A REGULARLY SCHEDULED MEETING OF THE CITY COUNCIL TO BE HELD ON APRIL 20, 2004 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, April 6, 2004, was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and on the bulletin board at the La Quinta Chamber of Commerce and at Stater Bros. 78-630 Highway 111, on Friday, April 2, 2004. DATED: April 2, 2004 J . GREEK, CIVIC, City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7025, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, 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. 9 City Council Agenda 9 April 6, 2004 WRITTEN CORRESPONDENCE ITEM: - Coachella Valley 5eral ManagStan er Recreation and Park District 45-871 Clinton Street, Indio, CA 92201 Assistant GM (760) 347-3484 FAX (760)347-4660 www.cvrpd.org Kevin Kalman March 11, 2004 Thomas P. Genovese City Manager City of La Quinta 78-495 La Quinta, CA 92253 Re: La Quinta Pool On behalf of the Coachella Valley Recreation and Park District Board of Directors and staff, I want to express how much we appreciate and value our relationship with the city of La Quinta. We look forward to continuing working with.the city to ensure that both agencies can provide the best possible service and services to our residents and guests. Like other local government agencies in California, the district is dealing with a reduction in tax revenue and the likelihood that the state will "capture" additional revenue in the future. To address the impact of the lost revenue, we are evaluating existing and potential new revenue sources, while at the same time attempting to reduce expenditures without severely impacting our service delivery. Part of our review involves analyzing the impact to our general fund of the contracts the district has with other agencies. In January 1998, the district and the city entered into an agreement for the operation of the swimming pool at Fritz Burns Park. The provisions of this agreement call for the district to operate the facility as a public pool through 2023. In return, the city will partially offset some of the operational costs through 2015. Our estimates are that over the life of the agreement, the district will need to contribute an additional $1.5 million to operate the pool as intended. Although we are willing to continue to cooperate with the city on this venture, we are no longer in a position to subsidize the facility at the level the agreement calls for. If the city is interested, we would like to discuss either modifying the current agreement or entering into a new contract. If the city would rather simply terminate the existing agreement and take over the operation of the pool, the district would understand and support that decision. Bermuda Dunes 4 Coachella 0 Indian wells 0 Indio 0 Indio Hills 9 La Quinta • Mecca • Oasis 0 Palm Desert • Rancho Mirage 0 Salton Sea • Thermal �and Palms Thomas P. Genovese City of La Quinta March 11, 2004 Page Two Please let me know what the city would like to do as soon as possible so that we can make adjustments to our FY05 budget prior to its adoption. If I can be of any assistance or you would like to discuss this, please contact me. Sincerely, Stan Ford SF/dg cc: CVRPD Board of Directors 11 ► WRITTEN CORRESPONDENCE ITEM: 99-- Desert CitiesP CNAVICln iacaie�r�c lZuumide Gourd rtZOy'J'�i�'X . CA ScRio�axal�ip ��I�gxara February 11, 2004 City of La Quinta jV 16 2004 Mayor 78495 Calle Tampico La Quinta, CA 92253 Dear Mr. Mayor: On June 28, 2003 our daughter, Andrea, was named as America's Junior Miss 2003. Along the way, through the local, state and national programs she received over $65,000 in college scholarships. She also had the tremendous opportunity to meet and get to know some of the best girls from the state of California and from around the country. Junior Miss is all about excellence. The categories on which candidates are judged are: interview, scho- lastics, talent, fitness, and poise. More about each of these categories is found in the enclosed information. Girls fast compete at the local or regional level during their junior year, and then advance to California's Junior Miss held in August in Rohnert Park. The young woman chosen as California's Junior Miss then represents our state at America's Junior Miss in Mobile, Alabama in June following her senior year. California's Junior Miss awards more than $30,000 in scholarships each year and America's Junior Miss awards over $200,000 annually. The America's Junior Miss scholarship program was founded in 1957 and is the oldest and largest scholarship program for high school girls. It has helped thousands of outstanding young women pay for their educations and pursue their ambitions. Because there has not been a local Junior Miss program in our area, Andrea participated in the Riverside program during her junior year of high school; she then represented Riverside County in the California Junior Miss program in August 2002. As we have recognized the great opportunities that this program has provided for our daughter we have felt a desire to provide these same opportunities to other girls here in the Coachella Valley. We are very excited to announce the Desert Cities Junior Miss Program that will be held on April 24, 2004 at La Quinta High School. We hope to be able to send at least one young woman to represent our area at the state pro- gram this coming August. We would also like to present monetary scholarships to several of these young women. We are currently looking for sponsors that will help us make this a reality. Your tax deductible donation will be used to sponsor scholarships and send our representative to the California Junior Miss Program. You will be listed in our printed program as a sponsor as well as recognized during the program itself. If you have any questions, please feel free to contact us at 772-4030. If you would like more information on the America's Junior Miss program and mission please visit their website at www.aim.org. Please send any'donations to: Desert Cities Junior Miss, 80258 Golden Horseshoe Drive, Indio, CA 92201. We appreciate your help with this wonderful program. Sincerely, & Susan Finch M Program Chairmen SOZ38 (,olden Horseshoe Drive • Indio, CA 922o I • Fhone:760-772-40j0 • Fax 760-772-1408• F maul: susanmAnchoao"m 1 12 FACTS ABOUT RMOR MISS HISTORY The program began in 1958 in Mobile, Alabama to spotlight the achievements of American youth and to direct attention to the positive accomplishments of young women. The aim of the program is the same today. PROGRAM CRITERIA AND SPECIFICS Junior Misses are characterized by scholastic achievement, community involvement, creativity and the quest for excellence in every facet of life. Judging at all levels is based on the same high standards and criteria. It emphasizes the positive and stresses overall development of the individual in terns of character, personality, physical fitness, perception, creativity, and ability, in human relations. Young women selected from cities or counties participate in a state program and the winner of the state program participates in the national program held each year in Mobile, Alabama. The judging standards are: scholastics (2(r), interview (250/6), poise (150/6), talent (25%), and fitness (15%). These principles have been the cornerstone of the program involving more than 25,000 girls each year. The Junior Miss program salutes American youth by offering community recognition and scholarship awards to the standouts among our outstanding high school junior girls. More than $1.8 MILLION in cash scholarships and more than $32 MEUJON in college granted scholarships are presented each year to participants at the local, state and national programs. Junior Miss is a. non-profit, community -supported activity. Some 200 colleges throughout the nation, and business, civic and social organizations contribute scholarships. Approximately 16,000 volunteers conduct the program throughout the. United States. COMMON MISCONCEPTIONS The Junior Miss program is NOT a beauty pageant, a popularity contest, a fundraiser for a local service club, or a program for "brainy" people. All young women are judged on their own merits and each category is judged individually without reference to performance in other judging categories. -PROGRAM FORMAT In order to showcase all the fine attributes of these young women and publicly recognize their accomplishments, three of the five judging categories are presented for the public view on stage which concludes with the panel of program judges selecting our swinners. Prior to this performance, the two judging categories not appropriate for public view - the interview and scholastics - take place. And there you have it - the complete Junior Miss selection process. As you can see, this is truly a program with a difference - a program with an EMPHASIS ON EXCELLENCE! 13 3/12/04 CI _ WRITTEN CORRESPONDENCE ITEM: 3 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-061 I FAX: 760 340-0574 W 5 2W4 info@palm-deserr.org March 3, 2004 Mayor Don Adolph City of La Quinta 78-495 Calle Tampico La C2uinta, California. 92253 Dear Ma or Ado )0 � , You are hereby formally invited to participate in the Inaugural Waste Management Sister Cities / Desert Cities Challenge, to be held in conjunction with the Palm Desert Sister Cities Transpacific Golf Tournament. In the true spirit of Sister Cities, as envisioned by President Eisenhower, we are inviting representatives of each city (a foursome or more) in the Coachella Valley to play in our tournament and challenge for the "Desert Cities Cup." What better way to reinforce the essence and camaraderie of "desert cities" relations than with a round of golf focused on local and international goodwill. Dwight D. Eisenhower established the Sister City Program in 1956. Today, at the dawning of the 21' century, the program continues to contribute to modern diplomacy and worldwide cooperation. Having Sister City links is about sharing ideas and cultures, learning about how other people live, and helping us all to better understand people from around the world, Sister Cities International leads the national movement for global community partnerships and volunteer action. This national membership organization for Sister Cities programs in the,United States represents over 1,200 US cities, counties, and states and their 2,300 partners that participate in the Sister Cities program in over 125 countries around the world. The tournament is being held an Friday, Apr i1.1.6 at Desert Willow Golf Resort in Palm Desert with a 1:00 p.m.- shotgun start. Participation includes a full lunch in the dining room, golf on the Firecliff course at Desert Willow, and an evening reception with live entertainment, hors d'oeuvres, auctions, and awards ceremony. All proceeds from this event benefit local Sister Cities youth, education, humanitarian, and cultural programs. Registration forms are included for your use and one should be completed for each player. If you have any questions or need additional information, please contact Donna Gomez at 568-1441. Your consideration for participation is most appreciated. Sincerely, i;'d,6" Robert A. Spiegel Mayor Attachment 14 �wM PRINTED ON REETEIED PAPER O TEAR HERE O MAIL REGISTRATION FORM TO: PALM DESERT VISITOR INFORMATION CENTER, 72-990 HIGHWAY n ai =r < ro a �' n m ,i, m '* to a = d c. x Z N r+ rb N I� tG �_ O. C V1 fl p Gi n k CL S o CQ n N� r9 j N N 3 O p N ca H — `G 47 co O A to H rD 7 of a� d (i a ❑ Q m rp -, 1ZL) e n^ 3 rr r?n � -n p O rD -t rD -t CD4 f9 p rD -h el) rD C cC lC rr ❑ ❑ ❑ n N A o 3 a , ep �� — xLA -0 '•� O 3 rt' D r� °' n -� 1 rb ,� n �_� _ cQ H o'❑� �, �. O a v a IJ -n a• N T a CD H — r n -< � ,+ O 14 v '�-► m =- f7 NJ fj O V NJ ha O V ❑❑❑ ri r� ❑ � 3 r9 O d LA f �. -n pOj O -'' QN v V d� O � CD r— p- c. N O = w : O O .. OO iA can O � 3 cn v O O IQO CCD p O. p ev O O Cn ❑ N reo n O O ry a rD r N rb � v i - 11, PALM DESERT, 'A 92260 z d 3 n m mmq z mn 0 ' An organization FOUNDATION of Parents and Friends FOR THE to hip aU RETARDED Retarded OF THE DESERT March 26, 2004 WRITTEN CORRESPONDENCE ITEM: Al 73-255 Country Club Drive Palm Desert, CA 92260-2309 N� Phone: (760) 346-1611 Fax: (760) 773-0933 Toll Free: (888) 771-7784 www.desertarc.org City Of 1A Quints PO Box 1304 7&495 Calle Tampico Lea Quints, California 92253 Attn; Mayor Adolph Dear'Mr. Mayor. 'I ante with interest that you and sevag members of yoarS-no staff r =dy pad in the Miyors Golf o unamost Lure in theValley. I frost you shot we& In this same regard, .1 eaclosed inform ion on the upoaufret annual fannual Foundation For The Retarded Of The De9ert Celebrity Golf Tom t. I am sum that ?'ar aad your i ft are oas>s�tly bombarded with blw invitations to donate and support this and that but, as Presidart Ofthe Board OfDiroc tors I would Ww 4o bxe you consider this invhAi xL You Lave -- - - - �ly heard a "thank you" preseputat' - from Director, Dr. Farmet and he (Wei wme sincere in making it. Your and the City have been and are great supporters of the FRD. Should you we it as a posolft, T invite you to cog me or the numbers listed and we can get you and yours signed up. V Y'"t;i. • • • 1 •f 1�.'� 1.� 1 •'I •'1 President to The Board. Of Directors Foundation For The Retarded Of The Desert 16* A NON PROFIT ORGANIZATION • FEDERAL TAX I.D. -NO. 95-6006700 -Foundation for the Retarded of the Desert �,. ` Celebrity soli Classic:. >:: Hostedy:James MacArthur . • . •. . .: • ..-Desezt �'�lls Coi�nliy .G`lub - -. Auction / Gala inner.Sun Sunday;; May 23;. Z 04 T um ent &Awards Event: 'Monday. 'ivlay 24, 2004 Honorary Gait Dear. Fi�end'of .the, Foundation:: . P**t- d R'Fora :Chits gear w�il'be>holding the ViE4 21 Foundation i ffie Retarded- of 'die ' :DesctE C brity Golf Classic at a beautiful Deject F lls� Country Vlay 23=24 - lionorT-Bost -2004.- We me g6l�cnijpkiud ozs�: friends, a� riti ;and demoted sia�ppQiters'of the Foi �d . o¢. . Cos gmiswo_=n IVtazy Static Bean e•� Baum Since -1959-ah. Fpv�tidation .has, dedica ed.itse].f idiag.learn n9,and _ ploym opmentally and physical; disablexLt provides: i.plaee. t far tic duelin . •Senator Denise .. cheny iere their capab�ittes :.not chaIl are aviceatuatod.: ,, . thtir increased : • S . , ' Yadepeadeace enables rhem pride ua I wing icy ate apart of our ` orldng" State.A�s�b coxmt�.. Through a :anent and live auctioa;;we13ii. the 'rivadatiori raise the .. Anc7vz.a. i ,ye is order to continue sevng thstag ,his e : : disableditizms .of theoadella: Vaie� Supervisor R D�slsoa To & Rim iuuw'— "'`o help us support this cue, vve w+oidd apptectat prnu consider�ition r . ; :. �' :.. for a donation toVgc sa.out saZeat and�or:'iiveauGtioris.' Yoti can x assutcd thatw,e. Ricbardlv!ia $e.your ronuton.at tie auon aadahe'ounaariaeatvvardsattgon •Ivion Nh day;.y:24 • . 2004.. . A ,ua•.Caiientt 2 of Dot thank you iir advance €cir. yout.suppot T6 cipa#e; 'please rearm the 7 endosed otai: F our oz p, our;tai ID number is. 95=60DG7t00: Richa=c':Jlipliaat A. : C asrai,, ifpou tilda e.fo.kaoovmo :ab i :pla �i4:otir�ur�p�aniar cr:wvouid "to Y$ O IiaatEn ses join•us,_pl a ie £eel free tb :ooiitaeE Scott.Btoo s,; } ir-'776-5430., I czar tic: Pours.. �teaciiWel(k5kf6rward to aai u.:: .$ill .. .. Best:Regards, • . . ; ... . ' Pat�fic Westin $ate .. ' I�bAS Desest:SaadstJaified; �{Pa ^tr�t�a/ja.�Duarte .. � : :•David 1V�isch:. " - • • . : , . .. ' . • .• .. : - _ .. .. • FOUNDATION..FOIi: TF��: R�.TARDE- .`•OFp1'T'Fi'E DESERT 73-25:5 -:COUNTRY CLUB 13,RIVE,: BUIZDING # :1 FAZ11�ti DESERT..CA 9226(1 `2309:_ . - . . P.FI. (76. , 346-1.6.11..E (7.60) 773-0933.. 1 T 0 it!t 4 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: APRIL 6, 2004 ITEM TITLE: Demand Register Dated April 6, 2004 BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING RECOMMENDATION: Approve Demand Register Dated April 6, 2004 • ' Sftwl Prepaid Warrants: 57776 - 577991 68,085.98 57800 - 578191 185,638.81 Wire Transfers} 24,848.44 P/R 31952 - 319761 131,083.64 P/R Tax Transfers} 35,676.55 Payable Warrants: 57820 - 579671 1,395,425.11 $1,8409758.53 FISCAL IMPLICATIONS: Demand of Cash -City $1,821,952.38 Demand of Cash -RDA $18,806.15 ohn M. Falconer, Finance Director CITY OF LA QUINTA BANK TRANSACTIONS 3/11/04 - 3/25/04 3/12/04 WIRE TRANSFER - ICMA $8,090.23 2/27/04 WIRE TRANSFER - PERS $19,394.21 TOTAL WIRE TRANSFERS OUT $27,484.44 r O% 01 1 1 O r 1 1 pn O N O to o N O O O 0 \ 1 ]L J 1 0 o O to M ti tr► O to �t I V Q i W W O I to I- I 0 t7 O: P` N O �O O CO O r CO to O 1 x 0 1 �-+ In o ti to O M to O• ti N O, W N 9= I V 1-- 1 O O r 00 o N r N M o W 1 I > > Q CD 1 1 r r CL S 1 1 C] = 1 1 O Z 1 1 M 1 1 CC H I 1 W Ix 1 1 CL 0 1 1 CL I (9 W I �-+ 1 Q 1 4c 4c 4c 4c 4c 4c 4c 4c is 4c -1c is 4c F I O H Z I E W I 1 1 1 1 1 1 1 1 Qcc Ui 1 00 000 I�tnMMNOMM 00 NN 000 otntn 00 NN 00 00 00 00 00 0 1 \1 00 000 N4M�t1-0M0 tntn rr 000 04%t 00 MM titi tntn 00 tntn Otn U U I UW NU 0. 0. On. n 0. 100.O4W;CN0: tiP. NN . . 0. 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Ok Ol J N N N N N N N N N N N N J 0 0 0 0 0 0 0 0 0 0 0 0 to 1-1` 111- 11 - il- 1` 1` 1- I,,- 1l- 1` 1` 3 00 t10 00 00 00 00 00 CO c0 00 00 00 N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O O O O O �7'MMMMMMMMMMMM N O O O O O O O O O O O O O N N N N N N N N N N N N 0NO�OsONONONO%0%0%0.%0%0%0 O to to an to to In to to to to to In O t�0 00 00 c0 00 O 00 00 CO a0 00 00 co O� to c0 O co �o 0% co 1,-- 0% * * * * * * * * * * JN* QW* Off* "* OC C O Z J C W Q ZdF- W X O > W F- J C Q Z I- Q Ow F- w 60 41 COUNCIL/RDA MEETING DATE: April 6, 2004 ITEM TITLE: Adoption of a Resolution Accepting a Donation from La Quinta Walmart for Transportation Services for Two Summer Excursions RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: v) -- STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council accepting a donation from La Quinta Walmart to sponsor transportation for two summer excursions. FISCAL IMPLICATIONS: The La Quinta Walmart has generously donated $1,300 to offset the cost of transportation for two summer excursions. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Excursions are offered through the Community Services Department. Fees for excursions are charged to cover the expenses of admission tickets and transportation. La Quinta Walmart expressed interest in sponsoring the transportation cost, to reduce the cost of excursions to the public. Walmart will be listed as a sponsor of these events in the promotional materials for these events. The two excursions selected by Walmart are the Beach Train to San Clemente on July 17 and the Anaheim Angel's game on August 14. Because of these donations, each excursion can be offered for $24 per person. Previous prices for these trips have been $35 - $50 per person. 61 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council accepting a donation from La Quinta Walmart to sponsor transportation for two summer excursions; or 2. Do not adopt a Resolution of the City Council accepting a donation from La Quinta Walmart to sponsor transportation for two summer excursions; or 3. Provide staff with alternative direction. fully syibmitted, ft 0lA:ll"Ald"MI M - munity Services Director Approved for submission by: Thomas P. Genovese, City Manager 2 C RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A DONATION FROM LA QUINTA WALMART FOR TRANSPORATION SERVICES FOR TWO SUMMER EXCURSIONS WHEREAS, on March 15, 2004, the La Quinta Walmart generously offered to donate $1,300 to be used for transportation services for two summer excursions; and WHEREAS, the gift was offered for donation to the City of La Quinta and was not given to or limited to the use of any particular employee or official; and WHEREAS, it is in the best interest of the City of La Quinta to accept the donation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: The City of La Quinta hereby accepts the donation of $1,300 to be used for transportation services for two summer excursions. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 6th day of April, 2004, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California K 63 Resolution No. 2004- WalMart Donation Adopted: April 6, 2004 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 4 64 COUNCIL/RDA MEETING DATE: April 6, 2004 ITEM TITLE: Adoption of a Resolution Accepting Donations from Windermere Realty and Chicago Title Company for the Annual Egg Hunt and Chalk Drawing Competition RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council accepting donations from Windermere Realty and Chicago Title Company for the annual Egg Hunt and Chalk Drawing Competition. FISCAL IMPLICATIONS: Windermere Realty anq Chicago Title have generously donated $500 each to offset the expenses for the annual Egg Hunt and Chalk Drawing Competition, which will be held on April 10, 2004. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The annual Egg Hunt and Chalk Drawing Competition are held each spring and attract more than 1,000 children ages 12 and under. The event budget is $800. However, the attendance at the event increases each year, requiring additional supplies. The donations of $ 500 from both Windermere Realty and Chicago Title Company will allow the City to purchase additional supplies and prizes. G5 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council accepting donations from Windermere Realty and Chicago Title for the annual Egg Hunt and Chalk Drawing Competition; or 2. Do not adopt a Resolution of the City Council accepting donations from Windermere Realty and Chicago Title for the annual Egg Hunt and Chalk Drawing Competition; or 3. Provide staff with alternative direction. s ectfully ubmitted, V odie Horvitz, Co munity Services Director Approved for submission by: Thomas P. Genovese, City Manager 66 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING DONATIONS FROM WINDERMERE REALTY AND CHICAGO TITLE COMPANY FOR THE ANNUAL EGG HUNT AND CHALK DRAWING COMPETITION WHEREAS, on March 15, 2004, Windermere Realty and Chicago Title Company generously offered to donate $500 each to be used for the annual Egg Hunt and Chalk Drawing Competition: and WHEREAS, the gifts were offered for donation to the City of La Quinta and were not given to or limited to the use of any particular employee or official; and WHEREAS, it is in the best interest of the City of La Quinta to accept the donations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: The City of La Quinta hereby accepts the donations of $ 500 each from Windermere Realty and Chicago Title Company to be used for the annual Egg Hunt and Chalk Drawing Competition. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 6th day of April, 2004, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 67 3 Resolution No. 2004- Windermere and Chicago Title Donations Adopted: April 6, 2004 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 Ei COUNCIL/RDA MEETING DATE: April 6, 2004 ITEM TITLE: Approval of Amendment Number 5 to the City of La Quinta, City of Indio, County of Riverside, CVAG Reimbursement Agreement and Memorandum of Understanding for Improvements to Jefferson Street from Highway 111 to Indio Boulevard RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve Amendment Number 5 to the City of La Quinta, City of Indio, County of Riverside, CVAG Reimbursement Agreement and Memorandum of Understanding (MOU) for Improvements to Jefferson Street from Highway 1 1 1 to Indio Boulevard. FISCAL IMPLICATIONS: The proposed Jefferson Street Phase II Improvements are funded in accordance with Amendment Number 3 of the City of La Quinta, City of Indio, County of Riverside, and CVAG Reimbursement Agreement and MOU, executed on March 12, 2002. The overall project costs for the Phase II improvements are estimated at $16,700,000. 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 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 from State Transportation Improvement Program funding, obtained by the City to offset the costs of the newly included bridge across the Whitewater River. The City has also been provided a credit in the amount of $1,647,184 as a repayment for the Regional share, advanced by the City for the Washington Street Improvements from 500' south of the La Quinta Evacuation Channel to Avenue 50. The City of La Quinta shall be responsible for repaying any balance of its portion of the proposed improvements, minus its credit, in the amount of $2,610,184. Considering the City's estimated costs are $2,797,250, the City's out-of-pocket share will be approximately $186,466. However, the City's actual contribution will be. calculated based on the project's final costs. 69 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Base MOU City of La Quinta ("Lead Agency") - City of Indio - County of Riverside - CVAG (respectively "Cooperating Agencies") Reimbursement Agreement and MOU was originally signed on April 29, 1997. The MOU established the guidelines for the development of the project's preliminary engineering and final design of Jefferson Street from Avenue 54 to Indio Boulevard. The City of La Quinta was designated the lead agency to provide the ultimate design necessary to acquire right-of-way and to construct Jefferson Street from Avenue 54 to Indio Boulevard, including a bridge in the City of Indio, and a bridge and low water crossing within the City of La Quinta. The estimated cost of the preliminary engineering and final design phase of the project was $600,000. CVAG advanced 100% of the cost associated with this phase of the project. However, the City of La Quinta and Cooperating Agencies were required to reimburse 50% project costs at a future date prior to the completion of construction. Amendment Number 1 Amendment Number 1 to the Reimbursement Agreement and MOU was approved by the City of La Quinta on March 16, 1999. Amendment Number 1 modified the funding distribution previously authorized under the terms of the existing Reimbursement Agreement. CVAG agreed to increase its 50% funding contribution to 75%. In exchange for the additional funding by CVAG, the Lead Agency and Cooperating Agencies agreed to process the project in accordance with the requirements set forth by SB 45 and the Caltrans Procedures Manual for Federal -Aid and/or State funding projects. 2 f� There was no Federal or State funding identified at the time Amendment Number 1 was approved. However, it was intended that the project be developed and processed in a manner that allowed Federal or State funds to be assigned by CVAG in the future, if the funding became available. Amendment Number 2 Amendment Number 2 to the Reimbursement Agreement and MOU was signed on July 26, 1999. Amendment Number 2 increased the prior funding amount from $600,000 to $15,061,660. The new funding amount provided $698,437 toward final design and engineering services and $14,363,223 toward construction. Amendment Number 2 also provided for CVAG to advance 100% of the City of Indio's allowable project costs. The City of Indio agreed to repay its proportionate 25% of the funds advanced by CVAG over a 5-year period, beginning July 1, 2000. The Cities of La Quinta and Indio were assigned the full responsibility of taking all actions necessary to acquire the right-of-way needed for the project within their respective jurisdictions. Amendment Number 3 Amendment Number 3 to the Reimbursement Agreement and MOU was signed on March 12, 2002. Amendment Number 3 changed the lead agency for Phase II of the Jefferson Street project (from Highway 111 to Indio Boulevard), to the County of Riverside instead of the City of La Quinta. The project costs for the Highway 111 to Indio Boulevard phase were estimated at $16,700,000, including $1,300,000 for final design and $15,400,000 for construction. Amendment Number 4 Amendment Number 4 substituted the Federal funding previously required by Amendment Number 1 with non -Federal funds, so long as the participating jurisdictions comply with CVAG's Maintenance of Effort policy. Amendment Number 5 Amendment Number 5 authorizes the City of La Quinta to serve as the lead agency for the environmental clearance for the phase II project (Jefferson Street, Highway 111 to Indio Blvd). The amendment also authorizes the County of Riverside to provide right- of-way acquisition support services as may be needed or requested by each jurisdiction within the project corridor. Amendment Number 5 is provided for your review as Attachment 1. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Amendment Number 5 to the City of La Quinta, City of Indio, County of Riverside, CVAG Reimbursement Agreement and Memorandum of Understanding for Improvements to Jefferson Street from Highway 111 to Indio Boulevard; or 2. Do not approve Amendment Number 5 to the City of La Quinta, City of Indio, County of Riverside, CVAG Reimbursement Agreement and Memorandum of Understanding for Improvements to Jefferson Street from Highway 111 to Indio Boulevard; or - 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. o asso . E. Public Work irect City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Amendment Number 5 4 Contract No.2EZ4#WV14 Riverside Co. Transportation AMENDMENT NUMBER FIVE CITY OF LAI, QUINTA - CITY OF INDIO - COUNTY OF RIVERSIDE CVAG REIMBURSEMENT AGREEMENT AND MEMORANDUM OF UNDERSTANDING (MOU) PROJECT FINAL DESIGN ENGINEERING SERVICES AND CONSTRUCTION "PHASE 2 - JEFFERSON STREET FROM HIGHWAY 111 TO INDIO BOULEVARD" THIS AMENDMENT NUMBER FIVE is made and entered into this c9% day of 200 , by and between the County of Riverside ("Lead Agency"), the City of La Quinta ("Agency"), the City of Indio ("Agency"), and the Coachella Valley Association of Governments, a California j oint powers agency, ("CVAG'.'). All parties to this agreement maybe collectively referred to as "the Parties". This amendment clarifies the responsibilities of the agencies as defined in the existing Reimbursement Agreement and Memorandum ofUnderstanding executed April 29,1997 ("MOU) and all prior amendments. All other provisions in the MOU and Amendments Number One, Two, Three and Four thereto shall remain in force. The City ofLaQumtaacting as lead agency under the original agreement provided preliminary engineering and CEQA environmental clearance for the entire project limits from Avenue 54 to Indio Boulevard. Amendment#2 ofthe agreement provided, in part, authorization and funding for the City ofLa Quintato proceed with final engineering, right-of-way acquisition and construction ofPhase 1 ofthe Jefferson Street project between Avenue 54 and Highway 111. Amendment #3, changed the lead agency for phase II ofthe project, to the County of Riverside instead ofthe City ofLa Quinta and amended the prior authorization for fiinding and reimbursement to include the final engineering, right-of-way acquisition and construction project for phase II ofthe project (Jefferson Street from Highway 111 to Indio Boulevard). Funding established at this time included Federal STIP funding that would necessitate the additional preparation of a NEPA documentation and clearance. Amendment#4, provided forthe substitution ofnon federal local funds for the continuation of Jefferson Street phase 2 improvement proj ect with the requirement that the participating jurisdictions comply with CVAG's Maintenance of Effort policy. The Federal STIP funds are no longer available for this proj ect and as aresult the project will be funded with local funds. The use oflocal funds negates the need to prepare NEPA documentation for this project. Amendment #5 CVAG-La Quinta-Indio-County of Riverside/Jefferson StroeMovember, 2003 Page 1 5 '73 This amendment #5, authorizes the City of L.a Quinta to be the lead agency for the environmental document for phase II of this project, as they were the Lead Agency for the original CEQA clearance. This includes providing all the environmental services necessaryto complete the environmental clearance and obtain a CEQA document for phase II of the project (Jefferson Street from Highway 111 to Indio Boulevard). The County of Riverside, the Lead Agency for Phase II of this project, has personnel resources available and familiar with the projectthat are capable ofeffcientlyassisting the right-of-way acquisition efforts of the other agencies. This amendment #5, also authorizes the County ofRiverside to provide Right -of -Way support services, as may be needed or requested by each respective agency. The parties hereto have caused this Amendment Number Five to be executed by their duly authorized representatives on this date: ATTEST: M 'Clerk —of the Board'ff Supervisors APPROVED A O FORM: y County Counsel ATTEST: By: City Clerk APPROVED AS TO FORM: 0 COUNTY OF RIVERSIDE LIM ,,00MOY WILSON irman of the Boar f Supervisors CITY OF LA QUINTA Mayor City Attorney Amendment #5 CVAG-La Quinta-Indio-Cdunty of Riverside/Jeffenon ShwWovember, 2003 Page 2 6 t-1 14 ATTEST: By: City Clerk APPROVED AS TO FORM: CITY OF INDIO By: Mayor By: City Attorney ATTEST: CVAG By: By: John Wohlmuth, Chair 101 Executive Director f:\home\aa=\wpVW=\jefefr$ong\am &o5ll03 Amendment #5 CVAG-La Quinta-Indio-County of Riverside/Jefferson Street/November, 2003 Page 3 7 r 4,:F�Quldw COUNCIL/RDA MEETING DATE: April 6, 2004 ITEM TITLE: Acceptance of Project No. 97-09, Civic Center Campus Improvements RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept Project No. 97-09, Civic Center Campus Improvements; Authorize the City Clerk to file a 'Notice of Completion' with the Riverside County Recorder's Office; and Authorize staff to release any unencumbered funds held in retention 35 days from the date of acceptance. FISCAL IMPLICATIONS: Annual estimated project maintenance costs are separated as follows: Lake Maintenance $1,000.00/month $12,000.00/year Landscape Maintenance $4,365.00/month $52,380.00/year Electrical Usage $2,840.00/month $34,080.00/year, Water Consumption $1, 593.25/month $19,119.00/year TOTAL $9,798.25/MONTH $1 17,579.00/YEAR CHARTER CITY IMPLICATIONS: None for this action. S:\CityMgr\STAFF REPORTS ONLY\4-6-04\C 6 Proj 97-09.doc BACKGROUND AND OVERVIEW: On December 19, 2000, the City Council approved Plans, Specifications, and Engineer's Estimate (PS&E) of probable costs and authorized staff to advertise and receive bids for Project No. 97-09, Phase I Civic Center Campus Improvements. On November 20, 2001, the City Council awarded a contract to Terra -Cal Construction, Inc. in the amount of $1,649,558 to construct the Phase I Civic Center Campus Improvements. Phase I Scope of the project as awarded included the following: • Site Grading • Color paving with light broom finish in lieu of gray concrete • Color paving with exposed aggregate in lieu of gray concrete • Interlocking pavers in lieu of gray concrete • Stone pavers over concrete bases in lieu of gray concrete • Color paving with sand finish for future artistic work in lieu of gray concrete • Pole mounted light fixtures • Bollard Light Fixtures at the entries • A lake and island with waterfalls and a stream • Two bridges to the island A geyser within the lake • Hydro seeded turf area and irrigation system throughout the site • 166 15-gallon trees • Drinking fountain • Retaining walls/seat wall bermed' in five locations • Artwork On March 5, 2002, the City Council approved Contract Change Order (CCO) No. 1 which added the following amenities: • Historic Plaza Fountain • Tree accent lighting • Boulder walkway lighting • Pole mounted light fixtures • Larger size trees (24", 36", and 48" box trees) • Various shade structures including a pergola at the Historic Plaza, tryst shade structures, gateway shade structures and pavilion shade structures • Exercise stations • Trash receptacles • An outdoor stage • Benches • Gazebo 2 r S:\CityMgr\STAFF REPORTS ONLY\4-6-04\C 6 Proj 97-09.doc With the incorporation of CCO No. 1 into the contract scope of work, the Contractor has constructed Phases I and II, which is the final design of the Civic Center Campus project. On December 7, 2002, the City dedicated the park and took beneficial use of the facility. On October 21, 2003, City Council accepted the turf areas only as complete, which have been under City maintenance ever since. For various reasons the contractor has struggled to complete the project and bring the entire site to an acceptable condition. All hardscape items have been completed. With the exception of the citrus trees located at the campus entrances, all landscaping is now complete. Five trees were recently replaced by the contractor following an arborist's report which recommended replacement of some trees and monitoring of others. Staff will continue to monitor these trees during the one-year warranty period. Should any of the trees fail during that time frame, the contractor will be required to replace them; therefore, staff now recommends accepting the project. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept Project No. 97-09, Civic Center Campus Improvements; authorize the City Clerk to file a 'Notice of Completion' with the Riverside. County Recorder's Office; and authorize staff to release any unencumbered funds held in retention 35 days from the date of acceptance; or 2. Do not accept Project No. 97-09, Civic Center Campus Improvements; do not authorize the City Clerk to file a 'Notice of Completion' with the Riverside County Recorder's Office; and do not authorize staff to release any unencumbered funds held in retention 35 days from the date of acceptance; or 3. Provide staff with alternative direction. Respectfully submitted, mothy R. ass , P.E. Public Work o Direc or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager S:\CityMgr\STAFF REPORTS ONLY\4-6-04\C 6 Proj 97-09.doc 3 78 4 ,:F,Qutaw COUNCIL/RDA MEETING DATE: April 6, 2004 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 29323- 3, Esplanade, Lennar Homes of California, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: �D STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreements (SIA) for Tract Map No. 29323-3, Esplanade, Lennar Homes of California, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 29323-3 is generally located north of Fred Waring Drive and west of Jefferson Street (see Attachment 1). This residential development will consist of 69 lots on approximately 25 acres (see Attachment 2). On July 2, 2002, the Council approved Tentative Tract 29323. The developer has requested the City Council's conditional approval of the Final Map (Attachment 2) which will allow 30 days for completion of its processing. To date, the SIA (Attachment 3) has been executed by the developer but the associated securities have not yet been received. The Final Map is technically complete and is being routed for signatures. The developer 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 (May 6, 2004), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the. City Clerk) and associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. 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 Agreements (SIA) for Tract Map No. 29323-3, Esplanade , Lennar Homes of California, Inc.; or 2 Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreements (SIA) for Tract Map No. 29323-3, Esplanade , Lennar Homes of California, Inc.; or 3 Provide staff with alternative direction. Respectfully submitted, Ti thy R. J sso . E. lic Works irecto City Engineer Approved for submission by: l '0/ Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 2 S� RESOLUTION NO. 2004-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT MAP NO. 29323-3, ESPLANADE, LENNAR HOMES OF CALIFORNIA, INC., AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Tract Map 29323-3 is conditionally approved provided the subdivider submits all required items on or before May 6, 2004. 3 g Resolution No. 2004- Tract Map No. 29323-3, Esplanade Adopted: April 6, 2004 Page 2 Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until, the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Tract Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on May 6, 2004. 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 6th day of April, 2004, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California 4 94 Resolution No. 2004- Tract Map No. 29323-3, Esplanade Adopted: April 6, 2004 Page 3 ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. 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Umn 52 �' a 11' _ - w - 01-100 MAN- WAR 131101 N z 1`0 5N5 MEN CITY OF LA QUINTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 29323-3 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 by and between LENNAR HOMES OF CALIFORNIA, INC a CALIFORNIA CORPORATION hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or TRACT 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. 29323-3 (the "TRACT") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby 8 9 secured. C� 11 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 TRACT 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, TRACT map or waiver of TRACT 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 12 90 2of7 of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be 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 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, 15ranty 91 3of7 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 Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 14 4 of 7 (] V ;r 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. 15 93 5of7 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 Local Address Lennar Homes of California, Inc. 5000 Calle San Raphael, Suite C-5 Palm Springs, CA 92264 (760) 325-4289 Title: D is. n President Rv- TRIP.' Reviewed and Approved: City Engineer Date Approved as to Form: Date Principal Address Lennar Homes of California, Inc. 24800 Chrisanta Drive _ Mission Viejo, CA 92691 •" .......... March 24. 2004 • • • • • ''' ....... , .. Date. . .......... .......... Date City Attorney Date 16 94 6of7 Exhibit A SECURITY — TRACT MAP NO.29323-3 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 $ 119,700 $ 119,700 Street Improvements $ 213,250 $ 213,250 Sanitary Sewer $ 75,180 $ 75,180 Domestic Water $ 96,750 $ 96,750 Six Foot Garden Wall $ 170,020 $ 170,020 Monumentation $ 10,350 $ - Totals $ 685,250 $ 674,900 Standard 10% Contingencey $ 68,530 $ 67,500 Total Construction Cost $ 753,780 $ 742,400 Professional Fees, Design 10% $ 75,380 $ 74,240 Professional Fees, Const 10% $ 75,380 $ 74,240 No Plans Contingency 15% $ 113,070 $ 111,360 Bond Amount $1,0179600 $ 1,002,200 17 j 7of7 o`c •�p • 4 OF�l OF AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: April 6, 2004 BUSINESS SESSION: ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision CONSENT CALENDAR: Improvement Agreement for Tract Map No. 30521-2, La Quinta Del Oro, Lennar Homes of California, Inc. STUDY SESSION:. PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreements (SIA) for Tract Map No. 30521-2, La Quinta Del Oro, Lennar Homes of California, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 30521-2 is generally located north of Miles Avenue and east of Washington Street (Attachment 1). This residential development will consist of 117 lots plus 32 letter lots on approximately 32 acres (Attachment 2). On July 16, 2002, the City Council approved Tentative Tract Map No. 30521. The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. To date, the SIA (Attachment 3) has been executed by the developer but the associated securities have not yet been received. The Final Map is technically complete and is being routed for signatures. The developer expects that the associated securities and all signatures will be in place within the time allowed for its conditional approval. 96 As a result, City staff has prepared a Resolution which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within 30 days (May 6, 2004), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. 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 Agreements for Tract Map No. 30521-2, La Quinta Del Oro, Lennar Homes of California, Inc.; or 2 Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreements for Tract Map No. 30521- 2, La Quinta Del Oro, Lennar Homes of California, Inc.; or 3 Provide staff with alternative direction. Respectfully submitted, T' othy R.' J nas o , P. E. ublic Works Dire or/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 2 RESOLUTION NO. 2004-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT MAP NO. 30521-2, LA QUINTA DEL ORO, LENNAR HOMES OF CALIFORNIA, INC., AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Tract Map 30521-2 is conditionally approved provided the subdivider submits all required items on or before May 6, 2004. 3 98 Resolution No. 2004- Tract Map No. 30521-2, La Quinta Del Oro Adopted: April 6, 2004 Page 2 Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Tract Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on May 6, 2004. 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 6th day of April 2004, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California 4 99 Resolution No. 2004- Tract Map No. 30521-2, La Quinta Del Oro Adopted: April 6, 2004 Page 3 ATTEST: JUNE S. GREEK, CIVIC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. 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L; Mal - '"�NNa!n"AVI I4 �!I � V Eli .i.r.r.i•r�nn5� `nii�n UU UUU� UFQB�j UUUU I LU / \ oa ,v Ir rsser 8S9lOON rep tto- A�lttiSOttN l33&IS 31VAIdd —--------� listJft � i l $IX II 000.00.0 s M.�£a �WIC 3 1-0T � oo$ � I I I I ----I---- -- — — WW ,S!'OOS M .BC 9t.00 N M S!'oos M 9t,00 N d 4913381S 31VAIdd u' oNDI------ sI- ", Liort M .K91 .00 N 's to ,On•OL W LZ'OZ I o I I zr J��a� I l r I I I y W.� (I I I J E-------- tz 81A0 N � S! 99S AI .9S.9lAO N S ,/ — - S!'OOS MS91.00 "� ,.`;OOrt � � � __—�--_,J../ 00ro� N ss—133?J1S 316'NNd ma _ L I IN I �„ r I r I r I r �� '� NIA I I Q ,00•oL ,00'Obt M .84 91.00 N '= O-00.7 M .99.91.00 N • OL OL W.OL OL 00' 00 Oi — �\j � 1 1 — —4 t �1 b 3 S t II 9 I—M-M .9m I j I ;1 1 l,11 CITY of LA QUINTA ATTACHMENT 3 SUBDIVISION /MPRO VEMENT A GREEMENT TRACT MAP NO. 30521-2 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of by and between LENNAR HOMES OF CALIFORNIA, INC a CALIFORNIA CORPORATION hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as City. RECITALS: A. Subdivider has prepared and filed a final map or Tract 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. 30521-2 (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. 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 concurrenttyafter h Improvements are complete and accepted by the -City Council and prior o 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. 14 I 1 i 9 1 of 7 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Del Oro Phase 2_30521-2\ONSITE_SIA_2.doc 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 Tract 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, Tract map or waiver of Tract 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 1 Warranty TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Del Oro Phase 2_30521-2\ONSITE_SIA_2.doc J.. 2 of 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) TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Del Oro Phase 2_30521-2\ONSITE_SIA_2.doc Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty I I I3of7 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 Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and_ substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 17 1 � (' 4of7 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Del Oro Phase 2_30521-2\ONSITE_SIA_2.doc 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. o � 5oi7 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Del Oro Phase 2_30521-2\ONSITE_SIA_2.doc 18 1 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 Date ATTEST: City Clerk Local Address Lennar Homes of California, Inc. 5000 Calle San Raphael, Suite C-5 Palm Springs, CA 92264 (760) 32P-4289 Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Principal Address Lennar Homes of California, Inc. 24800 Chrisanta Drive Mission Viejo, CA 92691 Match, 24 2004 • • • Date.. ...•...•.•.' Date 19 ..1� 14 6of7 T:\PmJW Developisl Development Divon\Development Pr CtsWm greeents\SIA\SIAs in Progrew\Del Oro Phase 2_30521-2\ONSITE_SIA 2.doc Exhibit A ON -SITE SECURITY — TRACT MAP NO. 30521-2 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 Drainage $ $ 10,000 $ $ 10,000 Street Improvements $ 598,780 $ 598,780 Domestic Water $ 317,340 $ 317,340 Sanitary Sewer $ 146,700 $ 146,700 Dry Utilities $ $ Monumentation $ 17,550 $ - Totals $ 1,090,370 $ 1,072,820 Standard 10% Contingencey $ 107,280 $ 107,280 Total Construction Cost $ 1,197,650 $ 1,180,100 Professional Fees, Design 10% $ 119,770 $ 118,010 Professional Fees, Const 10% $ 119,770 $ 118,010 No Plans Contingency 25% $ 299,410 $ 295,030 Bond Amount $ 11736,600 $ 1,711,150 20 TAProject Development Division\Development Projects%greements\SIA\SIAs in Progress\Del Oro Phase 2_30521-2\ONSITE_SIA_2.doc 1 �, J7 of 7 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 30521-2 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of by and between LENNAR HOMES OF CALIFORNIA, INC a CALIFORNIA CORPORATION hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract 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. 30521-2 (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. 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 w ith 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 L TAProject Development Division\Development Projects%greements\SIA\SIAs in Progress\Del Oro Phase 2_30521-2\OFFSITE_SIA 1.doc 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 Tract 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, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty 22 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Del Oro Phase 2_30521-2\OFFSITE_SIA_1.doc ,,., j ,,1 7 2 of 7 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 /o) 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 ision of materials under the terms of the warranty, 2arrranty performance of work or prov 113 y� 3of7 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Del Oro Phase 2_30521-2\OFFSITE_SIA_1.doc .0 V 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 Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdividers control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final, approval by City. The request shall be accompanied by any required certifications from Subdividers engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. T:\Project Development Division\Development ProjectsWgreements\SIA\SIAs in Progress\Del Oro Phase 2_30521-2\OFFSITE_SIA_1 Am 24 1149, 4017 • 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 tsatisfied, ied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspectedandheld by City a Cthe Engineer, Subdivider shall make any necessary constructed. ucted revisions When necessary revisions have been made, each plans depict the actual Improvements" "As-Constted," or separate sheet of the plans shall be clearly marked with the words "As -Built," rucruc for the "Record Drawing,,as appropriate the marking shall be stamped by an engineer or surveyor, 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 City En inee the provisions equire Section 3 of this agreement. Prior to telease of ev Bence sufficient to shont w claims of lien, if any, that may Subdivider to provide a title report or other affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and then Cityuch gation has not may perform been performed within sixty (60) days after written notice of default from City, of the obligation, and Subdivider shall pay the entire cost of such performanceby City i i n.ludln c ing costs of suit and reasonable attorney's fees incurred by City in enforcing such g 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. 251 5of7 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Del Oro Phase 2_30521-2\OFFSITE_SIA_1.doc _L h, 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 Local Address Lennar Homes of California, Inc. 5000 Calle San Raphael, Suite C-5 Palm Springs, CA 92264 (760) 325t,4289 By: Title: Di sio President By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date Principal Address Lennar Homes of California, Inc. 24800 Chrisanta Drive Mission Viejo, CA 92691 ,... •. .. . March 24, 2004 Date•r• yr r•r•�•r•r• •••• •.r ..•• ... •..... .. .... ••.. .. ... Date 26 T:1Project Development DivlsionlDevelopment Projects%Qreements�SWSIAs in Progress0el Oro Phase 2_30521-20FFSrrl _SIA_l Am � r. 6 of 7 Exhibit A OFF -SITE SECURITY — TRACT MAP NO. 30521-2 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 Traffic Signal @ Seville & Washington ' 11100% of the cost' Totals Standard 10% Contingency Total Construction Cost Professional Fees, Design 10% Professional Fees, Const 10% No Plans Contingency 25% Bond Amount Performance $ 150,000 Labor & Materials 150,000 $ 150,000 $ 150,000 $ 15,000 $ 15,000 $ 165,000 $ 165,000. $ 16,500 $ 16,500 $ 16,500 $ 16,500 $ 41,250 $ 41,250 $ 239,250 $ 239,250 When warrants are met, the applicant is responsible for 100% of the cost to design and install the traffic signal if there is no approved development on the other side of the street. If an approved development on the other side of the street is available at the time the warrants are met, then the applicant is responsible for 50% of the cost to design and install the traffic signal. 27 TAProject Development Divislon\Development Projects\Agreements\SIA\SIAs In Progress\Del Oro Phase 2_30521-2\OFFSITE_SIA_1.doc 7 of 7 �.r ti T4ht 4 aCP COUNCIL/RDA MEETING DATE: April 6, 2004 ITEM TITLE: Acceptance of Improvements Associated with Tract No. 27519, Aliso I, Century Homes, LLC AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Accept improvements to Tract No. 27519 and authorize staff to release security upon receiving warranty security. 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. 27519 is located on the west side of Dune Palms Road between Westward Ho Drive to the south and Miles Avenue to the north (Attachment 1), and consists of 70 residential lots. All improvements are now complete and all obligations of the Subdivision Improvement Agreement have been satisfied. Included as Attachment 2 is a spreadsheet indicating security to be released after the City receives the warranty security. S:\CityMgr\STAFF REPORTS ONLY\4-6-04\C 8 27519.doc FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept improvements to Tract No. 27519 and authorize staff to release security upon receiving warranty security; or 2. Do not accept improvements to Tract No. 27519 and do not authorize staff to release security upon receiving warranty security; or 3. Provide staff with alternative direction. Respectfully submitted, 4w T*othyR. na n, P. E. othy R-Public Work Dire or/City Engineer Approved for submission by: Ole Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Security Outline 1 '7 4 TAPWDEPT\STAFF\Martinez\City Council\Staff Reports\final acceptance\C 8 27519.doc 2 1 �• ATTACHMENT 1 TRACT No. 27519 COUNTRY CLUB DR. HOVLEY LN. E. zz z i N PROJECT 3 FRED SITE MILES ALISO DEL REY PALM DESERT N g �Nsr \rER4 10 0 W WARING AVE. a cn a 0 WESTWARD HO w w DRIVE z a HWY ill VICINITY MAP N.T.S. DR. - INDIO 3i�� ATTACHMENT 2 SECURITY - Tract Map No. 27519 Development Name: Aliso I Improvement Description Labor & Materials2 Current Amount Proposed Reduction WARRANTY AMOUNT 3 Grading $278,001 $278,001 90% $27,800 Streets & Drainage $322,449 $322,449 90% $32,245 Domestic Water $185,735 $185,735 90% $18,574 Sanitary Sewer $107,756 $107,756 90% $10,776 Electrical $140,000 $140,000 90% $14,000 Perimeter & Basin Landscaping $138,645 $138,645 90% $13,865 Monumentation $0 $10,000 100% $0 Construction Subtotal: $1,172,586 $1,182,586 --- $117,259 Engineering & Plans (20% of Construction) $0 $236,517 100% $0 No -Plans Contingency (25% of Project) $0 $354,776 100% $0 Total: 1 $1,172,586 1 $1,773,879 100% $117,259 1 Performance Security shall be released upon receiving Warranty Security. 2 Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements (July 5, 2004). 3 WARRANTY SECURITY shall remain in place for one year (April 5, 2005) after City Council acceptance of improvements. -1 r)r% l�.v T:\PWDEPT\STAFF\Martinez\City Council\Staff Reports\final acceptance\C 8 27519 Attachment.doc 4 COUNCIL/RDA MEETING DATE: April 6, 2004 ITEM TITLE: Acceptance of Improvements Associated with Tract No. 29563, Aliso II, Century Homes, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 19 STUDY SESSION: PUBLIC HEARING: Accept improvements to Tract No. 29563 and authorize staff to release security upon receiving warranty security. 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. 29563 is located west of Dune Palms Road and north of Westward Ho Drive (Attachment 1), and consists of 30 residential lots. All improvements are now complete and all obligations of the Subdivision Improvement Agreement have been satisfied. Included as. Attachment 2 is a spreadsheet indicating security to be released after the City receives the warranty security. i.47 S:\CityMgr\STAFF REPORTS ONLY\4-6-04\C 7 29563.doc FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept improvements to Tract No. 29563 and authorize staff to release security upon receiving warranty security; or 2. Do not accept improvements to Tract No. 29563 and do not authorize staff to release security upon receiving warranty security; or 3. Provide staff with alternative direction. Respectfully submitted, �Q' T' othy R. J nas o , P. E. Public Works Direc or/City Engineer Approved for submission by: Thomas P. Genovese, City . Manager Attachments: 1. Vicinity Map 2. Security Outline TAPWDEPT\STAFF\Martinez\City Council\Staff Reports\final acceptance\C 7 29563.doc 2 i 0 ATTACHMENT 1 COUNTRY CLUB DR. HOVLEY LN. E. z O f- 2 Q PROJECT � FRED SITE MILES r PALM DESERT 1Nr\L421c 10 42ND AVE. O WARING AVE. W Q V) a o ll�- W WESTWARD HO w DRIVE � Z ui Q 0 HWY 111 VICINITY MAP, NOT TO SCALE DR. INS DIO --om- 3 iw� ATTACHMENT 2 SECURITY — Tract Map No. 29563 Development Name: Aliso II Performance Security' Improvement Description Labor & MaterialS2 Current Amount Proposed Reduction WARRANTY AMOUNT 3 Grading $76,400 $76,400 90% $7,640 Streets & Storm Drainage $127,800 $127,800 90% $12,780 Domestic Water $96,550 $96,550 90% $9,655 Sanitary Sewer $60,150 $60,150 90% $6,015 Electrical $75,000 $75,000 90% $7,500 Perimeter & Basin Landscaping $102,060 $102,060 90% $10,206 Monumentation $0 $10,000 100% $0 Construction Subtotal: $537,960 $547,960 --- $53,796 Engineering & Plans (20% of Construction) $0 $109,592 100% $0 No -Plans Contingency (25% of Project) $0 $164,388 100% $0 Total: $537,960 $821,940 100% $53,796 ' Performance Security shall be released upon receiving Warranty Security. 2 Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements (February 16, 2004). 3 WARRANTY SECURITY shall remain in place for one year (November. 181, 2004) after City Council acceptance of improvements. TAPWDEPT\STAFF\Martinez\City Council\Staff Reports\final acceptance\C 7 29563 Attachment.doc 4 130 COUNCIL/RDA MEETING DATE: April 6, 2004 ITEM TITLE: Acceptance of Improvements Associated with Tract No. 29586, Duna Fairways, Century Homes, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /0 STUDY SESSION: PUBLIC HEARING: Accept improvements to Tract No. 29586 and authorize staff to release security upon receiving warranty security. FISCAL IMPLICATIONS: None. Since no public improvements were constructed with this project there are no additional maintenance costs associated with this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract No. 29586 is located west of Washington Street and south of Avenue 50 within Duna La Quinta (Attachment 1), and consists of 40 residential lots. All improvements are now complete and all obligations of the Subdivision Improvement Agreement have been satisfied. Included as Attachment 2 is a spreadsheet indicating security to be released after the City receives the warranty security. S:\CityMgr\STAFF REPORTS ONLY\4-6-04\C 9 29586.doc ��1 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept improvements to Tract No. 29586 and authorize staff to release security upon receiving warranty security; or 2. Do not accept improvements to Tract No. 29586 and do not authorize staff to release security upon receiving warranty security; or 3. Provide staff with alternative direction. Respectfully submitted, Jmothy"na s n, P.E. lic Wor Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Security Outline T:\PWDEPT\STAFF\Martin6z\City Council\Staff Reports\final acceptance\C 9 29586.doc 2 j 3 n ATTACHMENT w Cc 0 cr- w 41 0 1: z w U) w VICINITY MAP NORTH NOT TO SCALE ATTACHMENT 2 SECURITY - Tract Map No. 29586 Development Name: Duna Fairways Performance Securit ' Improvement Description Labor & Materials2 Current Amount Proposed Reduction WARRANTY AMOUNT a Grading $33,000 90% $3,300 On -Site Street & Drainage $292,851 90% $29,285 Domestic Water $130,700 90% $13,070 Sanitary Sewer $34,660 90% $3,466 Perimeter & Geo Grid Walls $45,270 90% $4,527 Dry Utilities/Electrical $52,704 90% $5,270 Monumentation $5,000 100% $0 Totals $0 $ 594,185 --- $ 58,919 Performance Security shall be released upon receiving Warranty Security. 2 Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements (July 5, 2004). 3 WARRANTY SECURITY shall remain in place for one year (April 6, 2005) after City Council acceptance of improvements. TAPWDEPT\STAFF\Martinez\City Council\Staff Reports\final acceptance\C 9 29586 Attachment.doc 4 T4iyl 4 4-v COUNCIL/RDA MEETING DATE: April 6, 2004 ITEM TITLE: Acceptance of Improvements Associated with Tract No. 23773-3, Starlight Dunes, Century Homes, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept improvements to Tract No. 23773-3 and authorize staff to release security upon receiving warranty security._ FISCAL IMPLICATIONS: None. No public improvements were included with this tract; therefore, no additional maintenance costs are anticipated. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract No. 23773-3 is located north of Fred Waring Drive, west of Adams Street and east of Washington Street (Attachment 1), and consists of 7 residential lots. All improvements are now complete and all obligations of the Subdivision Improvement Agreement have been satisfied. Included, as Attachment 2 is a spreadsheet indicating security to be released after the City receives the warranty security. N JL S:\CityMgr\STAFF REPORTS ONLY\4-6-04\C 16 23773-3.doc FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept improvements to Tract No. 23773-3 and authorize staff to release security upon receiving warranty security; or 2. Do not accept improvements to Tract No. 23773-3; or do not authorize staff to release warranty security; or 3. Provide staff with alternative direction. Respectfully submitted, T' othy R. o)nas 0q, P.E. ublic Works Director/City Engineer Approved for submission by• Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Security Outline TAPWDEPT\STAFF\Martinez\City Council\Staff Reports\final acceptance\23773-3-a.doc 2 ATTA R' 4 FAIT 1 W W N N Q{j Q 2 Q SHE If llb �• - J �W T v ---- _-7---- — I ---------- --' �$ r�-ecitoz e n 10 cm uh �� I o— �� ^I l � • � I �a oaf VAU-wS P llr iN G.AL. .. 1 =34 9 (F a, a mao� I i —ELLEZ IO/Y Awes Ln >� ao oos .00.m MON ,j� I < i� I I r" S 7 —'�L77 — . ATTACHMENT 2 SECURITY — Tract Map No. 23773-3 Development Name: Starlight Dunes Performance Securi Improvement Description Labor & Materials2 Current Amount Proposed Reduction WARRANTY AMOUNT 3 Grading $18,375 $18,375 90.00% $1,838 Streets &Storm Drainage $65,604 $65,604 90.00% $6,560 Interim Erosion Control $2,000 $2,000 100.00% $0 Domestic Water $38,420 $38,420 90.00% $3,842 Sanitary Sewer $18,525 $18,525 90.00% $1,853 Monumentation $0 $2,000 100.00% $0 Totals $142,924 $144,924 $14,092 Performance Security shall be released immediately after City Council acceptance as Warranty Security has been received. 2 Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements (July 5, 2004). s WARRANTY SECURITY shall remain in place for one year (April 6, 2005) after City Council acceptance of improvements. TAPWDEPT\COUNCIL\2003\November 18, 2003\C 16 23773-3 Attachment.docAttachment Table 4 T a 0 4ty0of 4 44P aubtraj COUNCIL/RDA MEETING DATE: April 6, 2004 ITEM TITLE: Acceptance of Improvements Associated with Tract No. 23773-4, Starlight Dunes, Century Homes, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: IvL STUDY SESSION: PUBLIC HEARING: Accept improvements to Tract No. 23773-4 and authorize staff to release security upon receiving warranty security. 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. 23773-4 is located north of Fred Waring Drive, west of Adams Street and east of Washington Street (Attachment 1), and consists of 20 residential lots. All improvements are now complete and all obligations of the Subdivision Improvement Agreement have been satisfied. Included as Attachment 2 is a spreadsheet indicating security to be released after the City receives the warranty security. I , 9 _L S:\CityMgr\STAFF REPORTS ONLY\4-6-04\C 10 23773-4.doc FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept improvements to Tract No. 23773-4 and authorize staff to release security upon receiving warranty security; or 2. Do not accept improvements to Tract No. 23773-4 and do not authorize staff to release security upon receiving warranty security; or 3. Provide staff with alternative direction. Respectfully submitted, J othy R. J n so . E. ic Works irector/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Security Outline TAPWDEPT\STAFF\Martinez\City Council\Staff Reports\final acceptance\C 10 23773-4.doc 2 1 1-1 ATTACHMENT 1 AVENUE STARLIGHT % IVIILL-,3 r'ivl 1"al— VICINITY MAP NOT TO SCALE ATTACHMENT 2 SECURITY — Tract Map No. 23773-4 Development Name: Starlight Dunes Performance Securit ' Improvement Description Labor & Materials2 Current Amount Proposed Reduction WARRANTY AMOUNT 3 Grading $59,415 $59,415 90% $5,942 Streets & Drainage $80,093 $80,093 90% $8,009 Domestic Water $67,617 $67,617 90% $6,762 Sanitary Sewer $27,432 $27,432 90% $2,743 Electrical $55,000 $55,000 90% $5,500 Monumentation $0 $5,500 100% $0 Totalsi $289,557 $295,057 --- $28,956 ' Performance Security shall be released immediately after City Council acceptance as Warranty Security has been received. 2 Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements (July 5, 2004). 3 WARRANTY SECURITY shall remain in place for one year (April 6, 2005) after City Council acceptance of improvements. TAPWDEPT\STAFF\Martinez\City Council\Staff Reports\final acceptance\C 10 23773-4 Attachment.doc 4 14 42, 4 Sep Qum Ira COUNCIL/RDA MEETING DATE: April 6, 2004 ITEM TITLE: Acceptance of Improvements Associated with Tract No. 23773-5, Starlight Dunes, Century Homes, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 13 STUDY SESSION: PUBLIC HEARING: Accept improvements to Tract No. 23773-5 and authorize staff to release security upon receiving warranty security. FISCAL IMPLICATIONS: None. No public improvements were included with this tract; therefore, no additional maintenance costs are anticipated. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract No. 23773-5 known as Starlight Dunes and developed by Century Homes, Inc. is located north of Fred Waring Drive, south of Darby Road and west of Adams Street (Attachment 1), and consists of 57 residential lots. All improvements are now complete and all obligations of the Subdivision Improvement Agreement have been satisfied. Included as Attachment 2 is a spreadsheet indicating security to be released after the City receives the warranty security. 'S:\CityMgr\STAFF REPORTS ONLY\4-6-04\C 11 23773-5.doc FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept improvements to Tract No. 23773-5 and authorize staff to release security upon receiving warranty security; or 2. Do not accept improvements to Tract No. 23773-5 and do not authorize staff to release security upon receiving warranty security; or 3. Provide staff with alternative direction. Respectfully submitted, T' othy R. ass , P. E. ublic Work Direc r/City Engineer Approved for submission by: 'V, d.0; Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Security Outline TAPWDEPT\STAFF\Martinez\City Council\Staff Reports\final acceptance\C 11 23773-5.doc 2 ATTACHMENT 1 42nd AVENUE Q > W Q w STARLIGHT LANE cl� J cn DARBY ROAD Sl TE GALAXY SKYWARD WAY FRED WARING DRIVE MILES AVENUE TRACT MAP NO. 23773-5 VICINITY MAP NOT TO SCALE 3 ATTACHMENT 2 SECURITY - Tract Map No. 23773-5 Development Name: Starlight Dunes Performance Securit ' Improvement Description Labor & Materials2 Current Amount Proposed Reduction WARRANTY AMOUNT 3 Grading $125,400 $125,400 90% $12,540 On -Site Street & Drainage $266,026 $266,026 90% $26,603 Domestic Water $194,513 $194,513 90% $19,451 Sanitary Sewer $101,266 $101,266 90% $10,127 Electrical $140,000 $140,000 90% $14,000 Monumentation $10,000 100% $0 Totalsl $827,205 $837,205 --- $82,721 ' Performance Security shall be released upon receiving Warranty Security. 2 Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements (July 5, 2004). 3 WARRANTY SECURITY shall remain in place for one year (April 6, 2005) after City Council acceptance of improvements. TAPWDEPT\STAFF\Martinez\City Council\Staff Reports\final acceptance\C 11 23773-5 Attachment.doc 4 Iry 4 Xf-V aums COUNCIL/RDA MEETING DATE: April 6, 2004 ITEM TITLE: Approval of a Professional Services Agreement for Traffic Engineering Services, Traffex Engineers, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to enter into a Professional Services Agreement (PSA) for the period of two (2) years with Traffex Engineers, Inc. (Traffex), in an amount not to exceed $120,000, to provide traffic engineering services. FISCAL IMPLICATIONS: The Fiscal Year 2003/2004 budget contains $60,000 in Account Number 101- 7002-431.32-10 for Contract Engineer Services. The balance of the proposed contract will be contained in the Fiscal Year 2004/2005 and 2005/2006 budgets. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On April 15, 2003, the City Council approved a one (1) year PSA with Traffex following receipt and review of nine (9) proposals from consulting traffic engineers in accordance with City Council Resolution 96-80. S:\CityMgr\STAFF REPORTS ONLY\4-6-04\C 12 Traffex.doc Traffex has provided excellent traffic engineering service in the past year. A year-end summary of work accomplishments was submitted by Traffex in December 2003, (Attachment 1). Since January 2004, Traffex has focused on improving the functionality of the signal coordination systems on Highway 1 1 1 operated by Caltrans, and the Washington Street system that is maintained by Riverside County Transportation Department maintenance crews. Mr. Lalani's experience and hands-on knowledge of signal coordination systems exceeds the normal range and scope typically possessed by professional engineers in the traffic engineering community. Mr. Lalani is capable of identifying hardware problems in the signal controller cabinet which is a troubleshooting function that, in past, the City relied on County and Caltrans maintenance crews to perform and resolve. As a result of Mr. Lalani's hands- on approach to addressing coordination shortcomings, the City is now bringing the coordination systems to a state of functionality that fulfills the vision and definition of a coordinated signal system. The PSA with Traffex (Attachment 2) provides Mr. Lalani's services eight (8) hours per week. He spends every other Friday in La Quinta performing onsite traffic engineering services. The balance of the contracted services is performed offsite in the off -week by Traffex from its office in Ventura. Mr. Lalani is available for consultation via cellular telephone and email throughout the week, every week. The contract is based on an hourly fee of $140.00 per hour for traffic engineering services during Fiscal Year 2004/2005, and $145.00 per hour for Fiscal Year 2005/2006, with a not to exceed amount of $120,000. Typical services to be provided by the Traffic Engineer include: • Identify and develop solutions for potential traffic safety issues • Oversee signal design and operation • Develop traffic and parking control signage and marking plans • Develop alternate traffic calming programs • Review development plans for potential traffic issues • Represent Public Works as required at City Council and Planning Commission meetings • Review traffic collision and other police reports and advise City on traffic mitigation measures in order to avoid future accidents • Assist the City in preparing informational brochures on transportation issues for the public • If requested, assist the City in preparing an Annual Traffic Safety Report S:\CityMgr\STAFF REPORTS ONLY\4-6-04\C 12 Traffex.doc 2 1� r FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the City Manager to enter into a Professional Services Agreement for a period of two (2) years with Traffex Engineers, Inc., in an amount not to exceed $120,000, to provide traffic engineering services; or 2. Do not authorize the City Manager to enter into a Professional Services Agreement for a period of two (2) years with Traffex Engineers, Inc., in an amount not to exceed $120,000, to provide traffic engineering services; or 3. Provide staff with alternative direction. Respectfully submitted, F T' othy R. assoaity E. ublic Work irect Engineer Approved for submission by: Thomas P. Genovese City Manager Attachments: 1. Summary of Accomplishments, Calendar Year 2003 2. Professional Services Agreement S:\CityMgr\STAFF REPORTS ONLY\4-6-04\C 12 Traffex.doc 3 1`49 ATTACHMENT 1 MEMORANDUM TO: Steven Speer, Assistant City Engineer FROM: Nazir Lalani, City Traffic Engineer DATE: January 13, 2004 RE: ANNUAL REPORT ON CONTRACT TRAFFIC ENGINEERING SERVICES INTRODUCTION On April 20h, 2003, an agreement was executed between the City ofLa Quinta and Traffex Engineers to provide contract traffic engineering services for a period of one year. The contract specified that Nazir Lalani was to be the City Traffic Engineer and to provide four days of traffic engineering services per month of which two were to be spent at City Hall. Exhibit "A' of the contract also specified that the following types of services were to be provided: 1. Identify and develop solutions for and advise City staff on potential traffic safety issues. 2. Review plans and specifications for traffic signals prior to signature by the City Engineer. 3. Develop traffic and parking control signage and marking plans. 4. Develop alternative traffic calming programs. 5. Review development plans including environmental reports for potential traffic issues and advise City on possible solutions. 6. Represent Public Works at City Council and Planning Commission if requested. 7. Review traffic collision reports and advise City staff on traffic issues involved. 8. Assist City in preparing informational brochures for the public. 9. If requested, assist City in preparing an annual traffic safety report. 10. Mentor City staff on data collection, report preparation and signal/striping plan layout. INITIAL PRIORITY ASSIGNMENTS In May 2003, the City requested that the following priority assignments be completed as soon as possible. A status report on these assignments has been provided to demonstrate the level of progress: . 4 i )� 1. Speed Limits on Jefferson Street A comprehensive review was made of the posted speed limits on Jefferson Street from Fred Waring Drive to Avenue 54. Appropriate changes were recommended to provide consistency to the speed limits posted on Jefferson in both the City of La Quinta as well as the City of Indio. Steve, have these changes have now been completed?? 2. Signing and Striping Changes at Madison Street/Avenue 58 and on Avenida Bermudas The signing and striping at the Madison Street and Avenue 58 intersection was reviewed a new signing and striping plan was developed. The implemented changes were designed to improve the safety of traffic traveling through this intersection. The plan to modify the striping on Avenida Bermudas south of Calle Monterey was also reviewed. The striping was changed in the fall of 2003. 3. Old Town Crosswalks Assistance was provided in developing a design theme for implementing pedestrian crossings at uncontrolled locations on Avenida Bermudas and Desert Club Drive in the old town area. The design concept included the use of an offset crosswalk pattern which included a refuge island incorporating landscaping features. 4. Signal Coordination on Washington Street Signal timing changes were implemented in the traffic signal controllers that are part of the coordinated signal system on Washington Street from Avenue 47 to Calle Tampico. The changes have resulted in providing smooth traffic flow on Washington Street for the first time since CVAG's first valley -wide signal synchronization project was completed. 5. Signal Coordination on Hwy 111 CVAG has recently hired Kimley-Horn to fine tune the signal timing that the first valley -wide signal synchronization project implemented. Meetings have now been held with Kimley Horn, CVAG and Caltrans to determine how the signal timing on Hwy 111 can be improved to provide better coordination. These discussions have also included ways to synchronize the traffic signal and Washington and Hwy 111 with the other signals on Hwy 111 as well as with Channel Drive one block north of this intersection. 6. Pedestrian Safety Measures at La Quinta High School The traffic and pedestrian patterns during peak student arrival and departure times at La Quinta High School were reviewed. A number of recommendations have been developed aimed at improving pedestrian safety and reducing traffic congestion on Dune Palms Road and Westward' 2 5 i Ho during these periods. Discussions are now under way with High School staff on the best way to physically implement these changes. 7. Village Roundabout Reconstruction There are significant* problems associated with the roundabout which was constructed in the Village area at the intersection of Avenida Montezuma and Avenida Navarro. A new geometric. design was developed which also addresses signing and striping changes needed to bring this roundabout into compliance with local practice. A complete set of design plans will be developed incorporating the recommended changes before construction of this project can be completed. 8. Jefferson Street/Avenue 52 Roundabout Signing and Striping Changes were recommended for the signing and striping at the roundabout located at Jefferson Street and Avenue 52. These changes are aimed at improving driver understanding of how to negotiate this roundabout when approaching this intersection from all four approaches. OTHER COMPLETED ASSIGNEMENTS In addition to the above high priority projects, work was also completed on the following assignments: 1. Jefferson Street Widening Project The final design plans for widening Jefferson Street from Indio Blvd to Hwy 111 were reviewed. A series of recommended changes were incorporated into the project primarily aimed providing a coordinated signal system on Jefferson Street from Indio Blvd to Avenue 50 once the project has been constructed. 2. Posting of One-way Signs on Jefferson Street At the request of a La Quinta resident, the posting of all One-way signs on Jefferson Street south of Hwy 111 was reviewed. Changes were recommended to the signing to bring the posting of these signs into compliance with locally accepted practice. 3. City-wide Retiming of Si pals The signal timing sheets, design plans and photographs for all traffic signals in the City have been assembled in four volumes housed at City Hall. A project has been initiated to retime the all the signals in the City to make sure these signals are operating as efficiently as possible and addressing the needs of all roadway users. It is anticipated that this project will be completed by July of 2004. 4. Review of Development Projects 6 iJ2 Several development projects including the La Quinta Family Apartments, Point Happy Ranch, Lake La Quinta and several other development projects were reviewed and comments provided to make sure that traffic circulation and access issues were properly addressed. 5. Central Computer Signal Surveillance System The City of La Quinta has 30 signals at intersections owned and maintained by the City. By the time several projects are completed in 2004, this number will rise to over 40 signals. Currently only 6 traffic signals on Washington Street from Avenue 47 to Calle Tampico are part of a' coordinated signal system relying on wireless technology for communication. There is no ability to monitor the Washington system from City Hall to make sure it is operating correctly. A Central Computer Signal Surveillance System is needed to implement a city-wide coordinated signal system which can also be used to monitor traffic signals from City Hall in order to detect and correct problems associated with traffic signal operations throughout the City. In order to implement a Central Computer Signal Surveillance System, a number of projects will have to be undertaken. A report has been prepared identifying these projects including the cost and the priority in which they should be implemented. It is anticipated that a Central Computer Signal Surveillance System will be implemented by the end of 2004 with the Washington Street coordinated traffic signals connected to the system as part of the first phase of implementation. 6. Darby Middle School Access and other circulation issues were reviewed for the Darby Middle School being constructed by the Desert Sands Unified School District. Recommendations were made regarding the design of Palm Royale Drive as well at the intersections of Palm Royale at Washington Street and at Fred Waring Drive. It is anticipated that these changes will make sure that problems experience with traffic access and circulation at other schools are avoided at this new school. 7. OTS Grant Application Each year, the Governor's Office of Traffic Safety (OTS) invites public agencies to submit grants for a variety of traffic safety related projects. This year OTS has indicated that it will look favorably on grant application for the following: a. Vehicle speed feedback signs b. Flashing beacons c. In -roadway warning lights in crosswalk d. Countdown pedestrian signal heads An application has been submitted to fund the installation of these devices at various locations throughout the City. 4 7 i3 9. Policy on Requiring Auxiliary Lanes and Traffic Impact Studies for Proposed Development Projects Assistance was provided during the preparation of an Engineering Bulleting on requiring new development projects to provide auxiliary lanes for accesses to new development projects and for preparing traffic impact studies. Such a policy was recommended to avoid access and circulation issues on future development projects. 10. Citizen Brochures and Citizen Requests Many agencies have developed informational brochures on a variety of traffic engineering related topics to provide answers to frequently asked questions. The following topics have been identified for which information brochures are being prepared: • Access Management • Adult Crossing Guards • Avoiding Parking Tickets • Children at Play Signs • Driveways and Sidewalks • Encroachment Permits • Flashing Beacons • Left -turn Signals • Marked, Crosswalks • Neighborhood Traffic Safety • Oversize Vehicle Permits • Pedestrian Signals • Private Roads • Residential Parking Permits • Road Closures • Road Resurfacing • Roundabouts • Safe Routes to School • Sight Distance • Speed Limits • Stop Signs • Street Lighting • Traffic Impact Studies • Traffic Mitigation Fees • Traffic Signal Systems • Traffic Signals These brochures will be used to provide responses to citizen requests in a timely manner. 11. Jefferson Street Widening Plans The plans for widening Jefferson Street north of Hwy 111 were reviewed. Several recommendations were made, the most significant of which was to include a master controller, traffic signal interconnect from Indio Boulevard to Pomelo and changing out existing traffic signals to Econolite controllers. This will allow the signals to be coordinated once the project is completed. FUTURE PRIORITY ASSIGNMENTS Work will continue to complete long term assignments including the city-wide retiming of traffic signals, implementing a central computer signal surveillance system, coordinating the traffic signals on Jefferson Street as part of the widening project, improving the traffic signal coordination on Hwy 111, coordinating the signals on Washington north of Hwy 111 in partnership with the City of Palm 5 g 1`.f Desert, and developing a complete series of citizen informational brochures and addressing impacts associated with new development projects. New assignments will include the following: • New scope of work for City-wide ADT and turning movement count program • New scope of work for City-wide speed survey program • Developing timing plans for new traffic signals • Preparing an Annual Safety Report to reduce collisions at high accident locations 9 1:sJ ATTACHMENT 2 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 Traffex Engineers, 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 Traffic Engineering Services as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus. applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of tile. 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. TAPWDEFRPROJECTSTSAs\2004 Traffex.doc Page Ic 13 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 Compensatiol l") in a total amount not to exceed One Hundred Twenty Thousand Dollars ($120,000) (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 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. TAPWDEPTTROJECTSTSAs\2004 Traffex.doc Page 2- f J13 1 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: Nazir Lalani, P.E. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Steve Speer, Assistant City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 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. T:\PWDEPT\PROJECTS\PSAs\2004 Traffex.doc Page 3W3 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/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 TAPMEMPROJECTSTSAs\2004 Traffex.doc Page 41oS13 .10 U i 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 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 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 T:\PWDEPT\PROJECTS\PSAs\2004 Traffex.doc Page 5p413 11.�� Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such -notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this. Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, Liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by 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 TAPWDEPT\PR0JECTS\PSAs\2004 Traffex.doc Page "l3 i not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of 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 .� T:\PWDEPT\PROJECTS\PSAs\2004 Traffex.doc Page 71%13 1 `r 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 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: To Consultant: CITY OF LA QUINTA Traffex Engineers, Inc. Attention: Thomas P. Genovese Attention: Nazir Lalani, P.E. City Manager P.O. Box 5784 78-495 Calle Tampico Ventura, CA 93005-0784 P.O. Box 1504 La Quinta, CA 92253 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgement or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. TAPWDEPT\PR0JECTS\PSAs\2004 Traffex.doc Page 811 13 163 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Date: Don Adolph, Mayor ATTEST: June Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT — Traffex Engineers, Inc. By: Name: Nazir Lalani Title: Principal Associate Date: Page "l3 1 TAPWDEPT\PROJECTS\PSAs\2004 Traffex.doc104 Exhibit A Scope of Services As directed by City staff, Traffex Engineers, Inc. shall provide traffic engineering services for the City to include, but not be limited to, the following: 1) Identify and develop solutions for and advise City staff on potential traffic safety issues. 2) Oversee traffic signal design and operation. 3) Develop traffic and parking control signage and marking plans. 4) Develop alternative traffic calming programs. 5) Review development plans including environmental impact reports and impact studies for potential traffic issues and advise City on possible solutions. 6) Represent Public Works at City Council and Planning Commission if requested. 7) Review traffic collision and other police reports and advise City staff on traffic issues involved. 8) Assist City in preparing informational brochures for the public. 9) If requested, assist City in preparing an annual traffic safety report. 10) Mentor City's traffic technician on data collection, report preparation and signal/striping plan layout. TAPWDEPT\PR0JECTS\PSAs\2004 Traffex.doc Page 10p§13 1UJ Exhibit B Schedule of Compensation Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed One Hundred Twenty Thousand Dollars ($120,000) except as specified in Section 1.6 - Additional Services of the Agreement. Professional Staff Firm Principal Associate Schedule of Billing Rates Hourly Rates $140.00 (FY 2004-05) $145.00 (FY 2005-06) Upon receipt by City and under separate invoice the Consultant shall provide the traffic engineering support services at the following rates: Support Staff Engineer Drafter/Technician Secretary Reimbursable Items Hourly Rates $100.00 $75.00 $ 50.00 Travel, subsistence, reproduction, telephone, supplies and other non -wage costs directly related to the project will be billed at cost. T:\PWDEP T\PROJECTS\PSAs\2004 Traffex.doc Page 112b13 4 v Exhibit C Schedule of Performance The Contract period for traffic engineering services shall be two years from the date of this Contract, unless extended by amendment by the City. T:\PWDEPT\PROJECTS\PSAs\2004 Traffex.doc Page 13A13 ►'f t} 1 Exhibit D Special Requirements None. T:\PWDEPT\PROJECTS\PSAs\2004 Traffex.doc Page 131213 1 U T4iyl 4 ekfP COUNCIL/RDA MEETING DATE: April 6, 2004 ITEM TIITEM TITLE: Approval to Award a Contract to Construct the Washington Street/Miles Avenue Parkway Soil Stabilization Improvements, Project No. 2002-09 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: l� STUDY SESSION: PUBLIC HEARING: Approve a Contract in the amount of $418,981.60 to Sierra Landscape Inc. to construct the Washington Street/Miles Avenue Parkway Soil Stabilization Improvements, Project No. 2002-09. FISCAL IMPLICATIONS: The following represents the approved funding and funding sources: Funding Source Amount City Infrastructure Funds $238,892 SCAQMD - MSRC $77,1 19 Congestion Mitigation Air Quality (CMAQ) Funds $595,235 Budget Subtotal: $91 1,246 Less Prior Expenditures as of February 29, 2004: ($57,927.) Amount Available: $853,319 Based upon the low bid in the amount of $418,981.60, the following represents the anticipated project budget: Activity Budget _ Construction $418,982 Design (Balance to Completion) $ 11,956 Inspection/Testing/Survey $ 52,497 City Administration $ 33,869 Contingency $336,015 TOTAL $853,319 S:\CityMgr\STAFF REPORTS ONLY\4-6-04\C 13 Proj 2002-09.doc As illustrated, adequate funding is available to support the award of a contract to Sierra Landscape, Inc. to construct the Washington Street/Miles Avenue Parkway Soil Stabilization Improvements, Project No. 2002-09. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The proposed improvements include installing parkway vegetative stabilization (landscaping and irrigation) adjacent to the Redevelopment Agency owned property on the southeast corner of Washington Street and Miles Avenue. On October 7, 2003, the City Council approved the Plans, Specifications, and Engineers Estimate (PS&E) and authorized staff to advertise this project for public bids. On September 12, 2003, staff submitted the PS&E Certification and the Request for Authorization (RFA) to begin construction to Caltrans. Caltrans approval of the construction obligation was received on February 3, 2004. On March 4, 2004, three (3) sealed bids were received for the construction' of this project. The following is a summary of the bids received compared to the engineer's estimate. Engineer's Estimate Sierra Landscape Marina Landscape Cora Constructor's $567,188.91 $418,981.60 $548,116.00 $610,584.50 As illustrated, Sierra Landscape, Inc. submitted the lowest responsive bid in the amount of $418,981.60. A detailed bid comparison summary is provided as Attachment 1. The following represents the project schedule: City Council Construction Award Construction Period (90 days) Project Acceptance April 6, 2004 May 2004 through July 2004 August 2004 S:\CityMgr\STAFF REPORTS ONLY\4-6-04\C 13 Proj 2002-09.doc 2 � °.i FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Award a Contract in the amount of $418,981.60 to Sierra Landscape_ Inc. to construct the Washington Street/Miles Avenue Parkway Soil Stabilization Improvements, Project No. 2002-09; or 2. Do not award a Contract in the amount of $418,981.60 to Sierra Landscape Inc. to construct the Washington Street/Miles Avenue Parkway Soil Stabilization Improvements, Project No. 2002-09; or 3. Provide staff with alternative direction. Respectfully submitted, T' othy R. o asso , E. ublic Wor Direct City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Bid Comparison Summary S:\CityMgr\STAFF REPORTS ONLY\4-6-04\C 13 Proj 2002-09.doc 3 ATTACHMENT 1 a U� O- O O C M J C - S J j - 0 S C O C j J V -. C 1 aG v: r n 00 T rl - J J O .+1 C - O - C T C ^ rl f`I 0 0 �^, T j '1D T ^I 1� .r. - r` N "f r• G n v1 T 'J T . C 00 z n P JV' .n r` J N O T r i rl T r rl 00J o0 T - V1 N rl r 1 'T J� - - ? r` = Y N rl r i - N - - - R � T C. U H Q z N N M N (A Y+f N b4 N b1 N N N N N N N W% 4A N N !A N N %A N iA N N fA N N N N ^ � -� O J_- .� .> > • .7 O _ C G G _ Q O O G C? 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T rl r.l .n .C, N N t` 00 N rl C G rl r•1 - rl r!`. 1.;. r- T �.; M 8 oe R 4 -L ,i 0.0 v �4 of9 COUNCIL/RDA MEETING DATE: April 6, 2004 ITEM TITLE: Denial of Claim for Damages Filed by Mina Lopez — Date of Loss: November 16, 2003 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: Ito STUDY SESSION: PUBLIC HEARING: Deny the claim for damages filed by Mina Lopez, with a reported date of loss of November 16, 2003. FISCAL IMPLICATIONS: The total amount of the claim was $295.72. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Mina Lopez, with a reported date of loss of November 16, 2003 (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 < j 1 . Deny the Claim for Damages filed by Mina Lopez with a reported date of loss of November 16, 2003; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Mina Lopez, Claim for Damages FILE WITH: CITY CLERICS OFFICE City of La Quints CLAIM FOR DAMAGE; TO PI=RQnm no monou-o-r ATTACHMENT 1 r.v. OVA IOV4 - - — - ' - - --'• •�• • • • La Quetta, CA 92253 .- INSTRUCTIONS 2904 YA 28 Pik 12: 11 1. Claims for death, injury to person or b personal Property must be filed not later than six months after the occurrence. (Gov. Code § 9112.) 2. Claims for damages CITY OF L A- CITY CLERKI. to real property must be filed not later than 1 year after the occurrence. (Gov. Code § 9112.) -3. Read entire claim form before filing. 4. Seei page 2 for diagram upon which to locate place of accident 5. This claim form must be signed on page 2 at bottom. 6. Attach separate sheets, if necessary, b give full details. SIGN EACH SHEET. T0: (Name of City] LA�(.�c. Date of Birth of iris t Name of CNaanant �� / Occupation o Claimant Home Address of Claimant4tr h�c�� . � a State I ��c` 10 %�' Telephone of Claimant: �.„ Business Address of Claimant: City and State - 4533 Business Teleph of Claimant: D/ Give address and n r to wh' you desire notices or communications to be sent regardm(g dawn: a p( $✓Ieclof �id G1f Qlaaof TT 30 - Claimants Social Security No.: a - 5 '56#— 70 7 U� When did DAMA or INJURY occur? Names of any city employees involved in INJURY or DAMAGE: Date: Time: :/Pq If Claim is fo% Equitable Indemnity, give date claimant served with the complaint Date: Where did DAMAGE Or INJURY oGI;IJI? Describe tuNv. and loc ate en dianram nn roveren eWft P%f #k ....�,,.... �..�.----_-___- - _ ana aaaress and measurements f M land rks: Alrox"04fe) !/g 0 a M, . M-er5e-oh 41 On 4h-r, -4*, Describe in detail how the DAMAGE or INJURY nmirred. A �+✓�f� �� Oh, yin SfbOu�t o� 1�✓e �� -From T er wry , .2,903 A)'-i-tsUbl'Shl'I'CSfrmc �✓4�e,.fi s � s � a , po��,o% �hav- as loC�er�( o� the a ea5.40,44d lane, That welt corl!wue---roe s,`t� ma,*kei-5 lacaito( oil Ac, ,^Daa(w a but- n®� i d i o% e-ti ' n t )y i ` ,t°✓If, � � the- 7 � 5� 5 1'rA't- �e re• P �a�( �-lit�C 0'?I d e-A Iro, � s, erg �h� a th �-o ta�-vvh, c � I,eol! of , Gtl% Oiler h o jrt � u� - � � t �7' ffAr� � � �"�0l �-0 it Cl T , Gjure 4 Ot j4-hZ Why do you claim the city is responsible? T h Jana e, drnt00 U - nn - -- - -••� ..No 9%0 c+rM.vr�wlG, y1r�,UCGl11d111C5 -t 4 P011J#W1'vfa mor✓I u`I?G/ t NbTiG 5tr�e�- VVI't1, I n f hf— Describe, in detail each INJURY or DAMAGE 7-h, VA it �1,�.5 r1 hf- �rO41- WAe-,01 0-5 beh�- a a�0) ��- w�,e r e Ore). a a - t i a me e--t, 7A, 9 C4645�.o( �h e "ti re, to WeP4 �r, �� t hol , -i%C -r1re vvgs - rue aIru 0 , At damq e to -thr, w4eel vas net-, ►cans e� .11>r.A ,nhwl.n� . nr I - -- PAGE 2 THIS CLAIM MUST BE SIGNED ON REVERSE Sly �-- -1 1 t� The amount claimed, as of the date of presentation of this claim, is computed as follows: Damages incurred to date (exact): Estimated prospective damages as far as known: Damage to Party • • • ................ $ 10 Future expenses for medical and hospital can: . P $ Expenses fbr medical and hospital care ..... $ t9, Future loss of earnings ....................$ Loss of earnings ................ ...... $ Other prospective special damages . .$:1E Special damages for ..................... $ Prospective general damages ..............$ Total estimated prospective damages .....' .$ General damages ....................... $ Total damages incurred to date .......... $ at q5 Total amount claimed as of date of presentation of this claim: $ 5 -'A �7, Was damage and/or injury investigated by pol e? If so, what city? _ Wero paramedics or ambulance caved? If so, name city or ambulance If injured, state date, time, npme and address of doctor of your initial visit WITNESSES b PPMAGE or INJURY: List as persons and a dresses of IWs b averinformation: p►p+' Name s _ -- - Address . 3 � y C� � . v Phone l O Name Address Phone Name Address Phone DOCTOR AND HOSPITALS: Hospital Doctor Doctor Address Phone Address Phone. Address - Phone READ CAREFULLY For all accident claims place on bNowing diagram name of streets, including North, accident by "A-1" and location of yourself or your vehicle at the time of the accident East, South, And West indicate place of accident by "X" and by ;hawing house by B-1" and the point of impact by "X." rwrnbers or distances to street comers. if City Vehide was involved, designate by MW IN location of City Vehicle when you first saw it, and by "B" location of yourself NOTE: I diagrams below do not fit the situation, attach hereto a proper diagram or your vehicle when you first saw City Vehicle; location of City vehicle at time of signed by claimant CURB or perW Mg on to Claimant: AAA --t- NOTE: CLAIMS MUST BE SIDEWALK --A PARKWAY SIDEWALK 711 l h Ul I Y CLERK (Gov. Code § 91.5a.) Presentation of a CURB —I 1/5/0q claim is a felony (Pen. Code § 72.) 4 COUNCIL/RDA MEETING DATE: April 6, 2004 ITEM TITLE: Approval of a Professional Services Agreement with David Evans and Associates, Inc. to Prepare the Plans, Specifications and Engineer's Estimate for the Fiscal Year 2003/2004 Traffic Signal Improvement Program, Project No. 2003-15 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: I? STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement (PSA), in the amount of $21,000, with David Evans and Associates, Inc. to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Fiscal Year 2003/2004 Traffic Signal Improvement Program, Project No. 2003-15. FISCAL IMPLICATIONS: The following represents the project's funding and funding sources: Infrastructure Funds: $37,850 Surface Transportation Program (STP): $244,800 Total Funding Available: $282,650 The following represents the anticipated project budget: Construction: $213,000 Design: $21,300 Inspection/Test/Survey: $16,400 Administration: $10,650 Contingency: $21,300 Total: $282,650 S:\CityMgr\STAFF REPORTS ONLY\4-6-04\C 14.doc CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The proposed improvements include the installation of a new traffic signal at the intersection of Dune Palms Road and Desert Crest Drive, directly in front of the Amelia Earhart Elementary School, and the installation of a pedestrian activated crosswalk on Miles Avenue directly in front of the John Glenn Middle School. On May 20, 2003, the City Council approved the grant application for a California Department of Transportation (Caltrans) Safe Routes to School (SR 2S) grant to install the new traffic signal on Dune Palms Road and Desert Crest Drive and to install the pedestrian activated crosswalk on Miles Avenue directly in front of the John Glenn Middle School. On November 21, 2003, the City was notified by Caltrans that the City's project was approved and S132S grant funding was available in the amount of $244,800. On January 6, 2004, the City Council authorized staff to distribute a Request for Proposals (RFP) to obtain professional engineering services to prepare the PS&E for the Fiscal Year 2003/2004 Traffic Signal Improvement Program, Project No. 2003- 15, and appointed a Consultant Selection Committee. The City received two proposals on February 4, 2004 to complete the work outlined within the RFP. The Consultant Selection Committee unanimously recommends David Evans and Associates be awarded a PSA in the amount of $21,000. Time is of the essence. Ideally, construction should be performed during the summer months while the schools are closed. However, considering the project is federally funded and each phase must have Caltrans' authorization to incur costs prior to work commencing, this goal may not be attainable. In January 2004, staff submitted the necessary documents to obtain authorization to begin the design phase. As of the writing of this report, Caltrans has not issued the City an authorization to incur costs. The design work cannot start until Caltrans provides this authorization. Staff will continue to do its best to meet the project's scheduling goals. i►f 2 S:\CityMg\STAFF REPORTS ONLY\4-6-04\C 14.doc FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Professional Services Agreement in the amount of $21,000, with David Evans and Associates, Inc. to prepare the plans, specifications and engineer's estimate of probable construction costs for the Fiscal Year 2003/2004 Traffic Signal Improvement Program, Project No. 2003-15; or 2. Do not approve a Professional Services Agreement in the amount of $21,000 with David Evans and Associates, Inc. to prepare the plans, specifications and engineer's estimate of probable construction costs for the Fiscal Year 2003/2004 Traffic Signal Improvement Program, Project No. 2003-15; or 3. Provide staff with alternative direction. Respectfully submitted, Ti othy R. J ass , P. E. ublic Works irect r/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Professional Services Agreement 31 l 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 DAVID EVANS AND ASSOCIATES, 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 FY 03/04 Traffic Signal Improvement Program, Federal Aid Project No. STPLHSR 5433 (005), City Project No. 2003-15 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 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 Base -con. rev Page 1 f 9 4 � J� 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 Twenty One Thousand Dollars ($21,000.00) (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 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 judgement such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. Base-con.rev Page 25 of 9 p .Y. J 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. Cliff Simental, L.S., Senior Vice President b. Jimmy H. Lin, P.E., 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. 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 Steve Speer, P.E., Assistant City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 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 Base-con.rev Page 3Qf g1 r) against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/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. Consultant shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents ("Indemnified Parties"), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Consultant, its officers, employees and agents, which arise out of Consultant's negligent performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. In the event the Indemnified Parties 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 Indemnified Parties, or at the City's option, reimburse the Indemnified Parties 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 Indemnified Parties. Base-con.rev Page 4f 9 1 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 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 Base-con.rev Page 58of 9 QQ 1 J not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by 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, Base -con. rev Page 69of 9 �v� Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of 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 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. Base-con.rev Page 7 of 9 10 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: DAVID EVANS AND ASSOCIATES, INC. Attention: Jimmy H. Lin, P.E. Vice President 77-682 Country Club Drive, Suite F2 Palm Desert, CA 92211 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgement or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. Base-con.rev Page?ff 9 18 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 By: Name: Jimmy H. Lin, P.E. Title: Vice President Date: Base-con.rev Page��f 9 188 Exhibit A Scope of Services David Evans and Associates, Inc. Scope of Services, dated March 8, 2004, is attached and made a part of this Agreement. 13 189 Section C: Project Understanding and Approach The two proposed traffic signals at the Dune Palms Road/Desert Crest Drive intersection and at the vicinity of Miles AvenueNerbena Drive intersection are located approximately 700 ft. to the south and the east of the major intersection of Dune Palms Road and Miles Avenue, respectively. The City expects to interconnect these two signals to the operation of the existing signal at Dune Palms and Miles Avenue through hardwire interconnect. Ideally, benefits of the interconnect will be to minimize traffic movements on Miles Avenue and Dune Palms Road when the two new signals are activated by school children/pedestrian crossings. Physical conditions at these two locations are unique to each other, therefore, will require unique design considerations. Detailed descriptions of these two locations, along with our understanding of their design needs, and the approach that the DEA team will take to implement the design, are explained in the following paragraphs. (1) New Signal at the Dune Palms Road and Desert Crest Drive Intersection This is a T-intersection located directly west of and in front of the Amelia Earhart Elementary School. North leg on Dune Palms Road has two northbound (NB) and two southbound (SB) lanes divided by a 12 ft. wide striped median. The outside lanes are 14 ft. wide and the side lanes are 12 ft. wide. South leg is also undivided and has a five -lane configuration with two SB lanes, one NB left turn lane onto Desert Crest Drive, and two NB through lanes. The inside SB lane merges in with the outside lane beginning immediately south of the intersection and this lane drops at approximately 400 ft to the south. Six foot wide sidewalk is provided on both sides of Dune Palms Road. The speed limit on Dune Palms Road is 45MPH. A 25MPH-speed zone when children are present, is posted in front of the school. Desert Crest Drive is a two-lane two- way local street with relatively low traffic volume. ADA ramps are available on both northwest and southwest corners of the intersection. There is evidence of underground electrical, phone sanitary sewer, storm sewer and water lines at the intersection. Street lighting luminaries are located on the east side of Dune Palms Road. Power connection for the signal controller will likely be at the southwest corner where the IID electrical vault is located. We do not foresee any major utility conflict, with the signal installation. This intersection is situated approximately half way between the two entrances to the school on Dune Palms Road. Primary purpose and warrant for this signal, obviously, is for student/pedestrian crossing protection. Several factors should be taken into design consideration. First, the engineer will study the feasibility for installing a semi -actuated signal system. In semi -actuated signal design, there will be no detector loop on Dune Palms Road, and green intervals for Desert Crest Drive will be activated only by pedestrian push-button or side street vehicular presence. The determination will be dependent upon the traffic demand on Desert Crest Drive. The traffic signal warrant study conducted in February, 2003 did not address the vehicular traffic issue at this intersection. Therefore, we recommend collecting the 24-hour traffic volume and peak hour turning movement volume at this intersection prior to commencing the design. If it is found feasible, semi -actuated signal system can be less costly and will require less maintenance efforts. If traffic volume exceeds minimum thresholds, the DEA team will study whether a separate left turn signal phase for NB traffic will be warranted. Secondly, the location of crosswalk should be studied and determined based on discussion and field reconnaissance with school officials. This intersection and its potential point of 14 crossing Dune Palms Road for school children is not directly accessible to the students unless a concrete walkway is constructed linking the parking lot through the grassy area behind the sidewalk. It is advisable to involve the school officials at the outset of the design in order to present a win -win design plans for all parties involved. Finally, the interconnect opportunity with the existing signal at Dune Palms Road and Miles Avenue should be analyzed on how to minimize traffic delays on Dune Palms Road while not jeopardizing the coordination for the operation on Miles Avenue with the proposed pedestrian signal in the vicinity of Verbena Drive. The DEA team will present potential signal coordination plans for the three signals under study to the City. (2) New Pedestrian Activated Crosswalk in the Vicinity of Miles Avenue and Verbena Drive Intersection From the field reconnaissance, it appears the best location for a new mid -block pedestrian activated crosswalk signal system on Miles Avenue is approximately 150 ft east of the intersection with Verbena near the eastern exit of the circle drive of the John Glenn Middle School. At this location, the 6-ft wide sidewalk adjoins the back of street curb and the ground area behind the curb is relatively level with the street grade on Miles Avenue. Site preparation on both ends of the crosswalk can be kept to minimum at this location. Because it is a mid -block crosswalk signal, the design will only limit to pedestrian actuation. Nevertheless, Miles Avenue is a very wide (70 ft) arterial street with a 50MPH speed limit, although a 25MPH speed -zone when children are present is currently posted in front of the school. There is one 8 ft. bike lane, two 12 ft. traffic lanes for westbound (WB) movement, and two 12 ft. eastbound (EB) traffic lanes on Miles Avenue separated by a 14 ft. wide raised median filled with sand. At the new crosswalk location, raised medians should be revised and partially removed to provide an at -grade crossing path. Flashing beacons delineating boundary of speed zones and duration are to be installed on both sides of the crosswalk signal and interconnected to the controller for coordination. Several major utilities were identified in the field along Miles Avenue. Evidence suggests that CCTV, telephone, water, storm drainage and sanitary sewer lines are located on the north side of Miles Avenue near Verbena Drive, and underground electrical lines with overhead street lighting luminaries are on the south side of Miles Avenue. An electrical vault is near the location of the proposed crosswalk signal which could be used as the power source. There is a storm drainage catch basin on the south near the crosswalk location that should not have major conflicts with the new signal system. Several design and operation related project issues should be reviewed and resolved at this location. Prior to commencing the design, it is recommended to present a conceptual plan to the school officials and review the merits of proposal to reach an initial understanding of the design concept. The concept plan should also include locations of flashing beacons and the mechanism of their functions. Because the pedestrians have to cross a 70-ft wide pavement, the feasibility of installing a mid -way push button in the median should be reviewed in order to prevent trapping. The design of physical interconnect between this mid -block pedestrian activated crosswalk with the existing signal at Miles Avenue and Dune Palms Road will be a part of this project. The DEA team will commit to completing the design of both signals within 13 calendar weeks, including reasonable amounts of plan review time by the City. Section D: Scope of Work Program The scope of services identified and described in the following paragraphs is prepared to reflect and delineate the project development process from the RFP issued by the city of La Quinta. Part I - Project Kick-off Pre -Design Activities ]-A Initial Meeting The DEA team will meet with the City staff to refine project objectives, premise, and design constraints. The DEA team will acquire all relevant project information from the City, including the existing topographic and survey information at the intersection, accident history, and any documentation pertaining to the discussion and approval of these two traffic signal installation projects. 1-B Topographic Survey Record Data Research The DEA team will research for record information that is available to the public, including recorded data (record maps, centerline ties) within the project limits. The city of La Quinta will provide any available digital drawings for the project site locations. Field Survey The DEA team will establish temporary control points to be used for the Supplemental topographic survey. No vertical datum is necessary for the designing of the proposed signal lights. The DEA team will perform a topographic survey to map existing street improvement conditions for the locations of the proposed signal lights. Each site will show topographic features within the street right-of-way of the two proposed signals and a maximum length of 300' in each traveled direction. We will map a combined total of 1500' in length for both sites. The DEA team will prepare a topographic base map for the sites to include field data collection information, a calculated street centerline and a calculated street right-of-way derived from available public record maps. The map will identify utility information obtained from utilities agencies and companies. Deliverables: Topographic map I "= 20' scale provided in an AutoCAD 2000 drawing format. Part 2 - Agency Approval 2 A Traffic Signal Improvement Concept Plan (IS` Review) The DEA team will prepare a signal concept layout plan, defining the pole and controller locations with power feed, traffic lane configuration, number of lenses and signal phasing plans, crosswalk locations, push button locations and vehicle detection concept. The DEA team will also review and recommend any need for additional geometric improvements to accommodate the safety and ADA compliance at the intersection, for instance, the revision of raised median on Miles Avenue to accommodate pedestrian movements, the revision and inclusion of ADA ramps at curb side where designated pedestrian path begins and terminates, etc. The plans will identify power sources for electrical connection as coordinated and approved by IID. The DEA team will meet with City staff to review the concept and obtain concurrence and 16 approval for final design. It is also advisable to review the concept plans with school representatives and receive design concept concurrence from both schools. Generally, the biggest hurdle in effectively managing the construction schedule for signal installation is the time it will require for signal mast arm and pole delivery. It generally requires 8 to 12 weeks for delivery. To expedite the construction schedule, we recommend the City to consider placing the order of mast arm poles immediately following the approval of concept plans. The successful contractor will be furnished with mast arm poles on this project and the construction schedule could be shortened substantially. Deliverables: Signal concept design plans on 1 "=20' base map with supporting information in report form. 2-B, C & D Plan Approval Plan approval process will include an 85% plan check (2nd review), 100% plan check, and the Preliminary final check (4`h review). Following the approval of concept plans from the City staff, the DEA team will prepare the plans, specifications and cost estimate on both signals. It is our belief that all major design issues will be resolved at the submittal of 85% plans. After the completion of the 85% plan review session, the DEA team will revise the plans, specifications and cost estimates as per the City's comment. An extensive internal QA/QC will be conducted by DEA's QA/QC engineer and prior to resubmitting the document to the City for final check (3rd review). After the approval of the 85% plan, DEA will assist the City with procurement of traffic signal mast arm poles to expedite the overall construction schedule. A 41h Preliminary final plan check will be conducted by the City staff following the re -submittal of the revised 100% plans. We do not anticipate major changes, if any, will occur at this stage of the process. Following the concurrence from the City staff, we understand the document will be forwarded to the City Council for final review and comments. The DEA team may be required to attend the meeting and review of the PS & E with the City Council. Final revision will be prepared and completed following the receipt of City Council's comments. Revised PS & E will be resubmitted to the City staff for execution. Deliverables: 85% 100% and final design plans, specifications and engineers' estimates. Final plans will be prepared on mylar as well in an electronic format. 2-E Format of Documentation The City requires all construction plans to be prepared in AutoCAD 14 and to submit both electronic file and hard copy record on "D" size reproducible mylars. All written documents, including technical specifications and bid documents, will be prepared using Word Perfect 7.0 for Windows format and submitted on compact disk. The engineer's estimate will be provided in Excel for Windows format. Part 3 - Bidding Phase Service The DEA team will assist the City in reproducing the documents for bidding and will assist in coordinating the advertisement of the bid. The DEA team will also be available for technical consultation during the bidding and contract award process. It is understood that the DEA team will not be responsible for the construction inspection under this contract. 17 i9f Exhibit B Schedule of Compensation Payment shall be made on a Lump Sum fixed Fee Basis in accordance with the Consultant's Cost Proposal Sheet, dated March 8, 2004, attached herwith and made a part hereof, in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed Twenty One Thousand Dollars ($21,000.00) except as specified in Section 1.6 - Additional Services of the Agreement. Any eligible direct costs will be reimbursed at cost plus 10%. 18 L CITY OF LA QUINTA REQUEST FOR PROPOSAL PROFESSIONAL ENGINEERING AND DESIGN SERVICES FY 03/04 TRAFFIC SIGNAL IMPROVEMENT PROGRAM FEDERAL -AID PROJECT NO. STPLHSR 5433 1 1 The following is a summary of costs to provide the services outlined in the Request for Proposals for professional engineering consultants to prepare the PS&E for the FY 03/04 Traffic Signal Improvement Program and will be used as the basis for negotiating a Professional Services Agreement: Work Objectives Proposed Cost 1. initial Meeting $ 1,120 2. T020graphic Survey $ 6,340 3. rraffic Signal Im rovement Concept Plan (1st Review) $ 29800 4. Plan Approval (2nd Review) $ 30800 5. Plan approval (3rd Review) $ 3,540 6. Preliminary Final (4th Review) $ 29690 7. Format of Documentation $ 710 8. 9. 10. TOTAL LUMP SUM FIXED FEE: $ ; 2 i � 000 Consultant may include as many, or as few, work objectives it believes are necessary to complete the project. Attached herein Is a detailed man-hour and fee breakdown for the tasks and sub -tasks defined in our proposal. .r March 8, 2004 Prime CoWultant Date Signed * Estimated reimbursable is $900 which will be in addition to the engineering fees as shown. Page 6 of 6 19 195 �00 U N E to ommm rl 0 � sm 0. O N 0.. q) E oLO U > Q 2 ER 7 W d3 - �i W N + fo u LM CV CD N U. ' c o c' 08 F— Q 4 v . :0 . 0. t- N 0 LO 69 69 69 69 O O O O O co c ( _ ti N eM cM N 69 69 6`1 69 69 lco d ICN lcq. c0 .t d' It '10. co et 't 00 N V- N N N N ICN N 1 104 N C m a a c 0 U 0 > 2 C m E . - m o « C L L V r vi a a a 0 Q Q Q m fC M M M € •. �- a y a LL Q m U W N 04 N 1 1041(V .' Exhibit C Schedule of Performance Consultant shall complete all services within 13 weeks of the date of this Agreement. The anticipated completion date shall be August 24, 2004. David Evans and Associates, Inc. Project Schedule, dated March 18, 2004, is attached and made a part of this Agreement. 21 L ` 2? f f ) / N ) k k 2 ) J § v IV @ Exhibit D Special Requirements None. 9 23 -L ow �O w5 TM OF COUNCIL/RDA MEETING DATE: April 6, 2004 ITEM TITLE: Acceptance of Improvements Associated with Tract No. 28149, PGA West, KSL Land Corporation RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: dd CONSENT CALENDAR: 48 STUDY SESSION: PUBLIC HEARING: Accept improvements to Tract No. 28149, PGA West, KSL Land Corporation, and authorize staff to release performance securities upon receipt of warranty securities. FISCAL IMPLICATIONS: None. No public improvements were included with Tract No. 28149; therefore no additional maintenance costs are anticipated. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract No. 28149'is located west of Madison Street, south of Avenue 54, and north of Airport Boulevard (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 after the City receives the warranty securities. S:\CityMgr\STAFF REPORTS ONLY\4-6-04\C 18 28149.doc tiV��, FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept improvements to Tract No. 28149 PGA West, KSL Land Corpci ation, and authorize staff to release performance securities; or 2. , Do not accept improvements to Tract No. 28149 PGA West, KSL Land Corporation, and do not authorize staff to release performance securities; or 3. Provide staff with alternative direction. Respectfully submitted, T imothy R. Yrnass W, P. E. Public Works Director/City Engineer Approved for submission by: ./ .00 Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Table of Values S:\CityMgr\STAFF REPORTS ONLY\4-6-04\C 18 28149.doc 2 ATTNOWENT,4 "' — ""w If'qm "b". " . `w* *' `."t TE N Tit TI VE TRA (17 T N 0. - 2 8 14 9 k C/lAhMANSEN E.VQSlrjRl.Y(; m Oavo-ftew- 41,lajampomme 00t t7wriss Me Sam -mmm" ffi� amm mmw UJO 1.0 1 - NNW-.-G~" owimnw It M --ft 4t� low mom "M mm W� MM" f* oft v LASO 4 ism • "lo 9*11 COO rpt o -9 4jff prepa"Pt'd 4.- r VCWWV JAAP 16 11 or Insvist rowne dai ff P�Tff 941,019 P-0 I flam9S81119 "Wets a 0 loree Net 0.0 -to 4. 1 fj me -me, 4REA CALMLA3711ve too #A FMI UK %",I* "WC-0 .1 MAMBO Sm .0 ma IMAL. Ar ".0 of wet or @Am N fellaw'"a .4,eftow M Ilflw emes-to "Em %16 'IV rY I F % PWYArC STRECr SS ON r.4 I reel, F In ,-Men 9 .......... ............. ATTACHMENT 2 Table of Values Tract 28149 PGA West KSL Land Development Performance Sec rity Improvement Labor & Current Proposed Warranty Description Materials Security Reduction Security Grading, Paving & Drainage $64,413 $64,413 90% $6,441 Water $109,885 $109,885 90% $10,989 Sewer $145,502 $145,502 0 550 - Dr Utilities Electric' 1. Y $9 , 9 , 0 4 , 0 --t, 9 - 9 1 0 - 4 . 0 9 - 0 1 % -11 $ 1 9,9 1 04 ,Monumentation so, $20,0001 100%, $0 ITotal $418,8401 $438,8401 1 $41,884. Staff recommends the release of Performance securities upon receipt of Warranty I securities. Release Labor and Materials securities 90 days from the date of acceptance (July 5, 2004). Release Warranty securities one year from the date of acceptance (April 6, 2005). 4 42 S:\CitVM2r\4TAFF REPORTS ONLY\C 18 28149 attachment.doc Gbh! OF T'9 COUNCIL/RDA MEETING DATE: April 6, 2004 ITEM TITLE: Acceptance of Improvements Associated with Tract No. 29421, PGA West, KSL Land Corporation, a Delaware Corporation RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 19 STUDY SESSION: PUBLIC HEARING: Accept improvements to Tract No. 29421, PGA West, KSL Land Corporation, a Delaware Corporation, and authorize staff to release performance securities upon receipt of warranty securities. FISCAL IMPLICATIONS. None. No public improvements were included with Tract No. 29421; therefore no additional maintenance costs are anticipated. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract No. 29421 is located within PGA West, which lies west of Madison Street, south of Avenue 54, 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 after the City receives the warranty securities. S:\CityMgr\STAFF REPORTS ONLY\4-6-04\C 19 29421.doc FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept improvements to Tract No. 29421 PGA West, KSL Land Corporation, and authorize staff to release performance securities; or 2. Do not accept improvements to Tract No. 29421 PGA West, KSL Land Corporation, and do not authorize staff to release performance securities; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R. ona n, P. E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Table of Values 2 �' �J S:\CityMgr\STAFF REPORTS ONLY\4-6-04\C 19 29421.doc �- m m m IN --••MEN�� 1 ��1�11111 1111111111 �� ATTACHMENT 2 Table of Values Tract 29421 PGA West KSL Land Corporation Performance Securit Improvement Labor & Current Proposed Warranty Description Materials Security Reduction Security Gradin $2,406 $2,406 90% $241 Streets & Storm Drainage (on-Site)N8_ $100,503 $100,503 90% $10,050 Si nm & Stri m On -Site $4,409 $4,409 90% $441 Monumentation $0 $4,880 100% $0 _ Engineering &_Plans 20% of Project _ $0 $22,440 _ 100% $0 m_o.. . _. No -Plans Contingency 25% of Project $0 $33,660 100% $0 Total $10703181 $168,298 1 $10,732 Staff recommends the release of Performance securities upon receipt of Warranty securities. Release Labor and Materials securities 90 days from the date of acceptance (July 5, 2004). Release Warranty securities one year from the date of acceptance (April 6, 2005). 4 1. T:\PWDEPTISTAFF\Martinez\KSL StaffRenorts\29421 attachment.doc 40j". Qum 4 �C,m,�4 OF T9 COUNCIL/RDA MEETING DATE: April 6, 2004 ITEM TITLE: Acceptance of Improvements Associated with Tract No. 28259-1, PGA West, KSL Land 11 Corporation RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: ac) STUDY SESSION: PUBLIC HEARING: Accept improvements to Tract No. 28259-1, PGA West, KSL Land II Corporation, and authorize staff to release performance securities upon receipt of warranty securities. FISCAL IMPLICATIONS: None. No public improvements were included with Tract No. 28259-1; therefore no additional maintenance costs are anticipated. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract No. 28259-1 is located west of Madison Street, south of Avenue 54, 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 after the City receives the warranty securities. S:\CityMgr\STAFF REPORTS ONLY\4-6-04\C 20 28259-1.doc FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept improvements to Tract No. 28259-1 PGA West, KSL Land II Corporation, and authorize staff to release performance securities; or 2. Do not accept improvements to Tract No. 28259-1 PGA West, KSL Land II Corporation, and do not authorize staff to release performance securities; or. 3. Provide staff with alternative direction. Respectfully submitted, i� am imoithy R. Anas, P.E. Public Works Director/City Engineer Approved for submission by: l Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Table of Values S:\CityMgr\STAFF REPORTS ONLY\4-6-04\C 20 28259-1 Am 2 1■FAMimlviIR_m v•` i# . • . . _l lv- :eea�csoge�eE_a_�ze�eoase�:�:eo:�esaaa�E.e� 1 v— ATTACHMENT 2 Table of Values Tract 28259-1 PGA West KSL Land II Development Performance Securit Improvement Labor & Current Proposed Warranty Description Materials Security Reduction Security Clearing, Demolition & GradinT $31,401 _ $31,401 _ 90% $3,140 Storm Drainage $31,096 $31,096 90% $3,110 $36,932 $36,932 90% $3,693 Underground Electric $41,524 $41,524 _.N 90% $4,152 _ _ ..., _...... ... Monumentation _ - - $0 $4,080 100% $0 Total $140,9531 $145,033 $14,095 Staff recommends the release of Performance securities upon receipt of Warranty securities. Release Labor and Materials securities 90 days from the date of acceptance (July 5, 2004). Release Warranty securities one year from the date of acceptance (April 6, 2005). 1,111 4 4. TAMDEFRSTAMMartinezWK StaffRenorts\28259-1 attachment.doc iz c4j v`ll C�hf OF T19 COUNCIL/RDA MEETING DATE: April 6, 2004 ITEM TITLE: Acceptance of Improvements Associated with Tract No. 28340-1, PGA West, KSL Land Corporation, a Delaware Corporation RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: C;L STUDY SESSION: PUBLIC HEARING: Accept improvements to Tract No. 28340-1, PGA West, KSL Land Corporation, a Delaware Corporation and authorize staff to release performance securities upon receipt of warranty securities. FISCAL IMPLICATIONS: None. No public improvements were included with Tract No. 28340-1; therefore no additional maintenance costs are anticipated. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract No. 28340-1 is located within PGA West, which lies west of Madison Street, south of Avenue 54, 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 after the City receives the warranty securities. S:\CityMgr\STAFF REPORTS ONLY\4-6-04\C 21 28340-1.doc ��4. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept improvements to Tract No. 28340-1 PGA West, KSL Land Corporation, and authorize staff to release performance securities; or 2. Do not accept improvements to Tract No. 28340-1 PGA West, KSL Land Corporation, and do not authorize staff to release performance securities; or 3. Provide staff with alternative direction. Respectfully submitted, r , mothy R. Upas , P. E. ublic Works Director/City Engineer Approved for submission by: (00Z/4)-�-- Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Table of Values S:\CityMgr\STAFF REPORTS ONLY\4-6-04\C 21 28340-1.doc 2 N nN aK W LA as cam w wen= wz v wuti M ENS' 1 TRACT NO. 28340- 1 wo A swwDM a tar ! NO A l�onrlOM W LOr I of MW Ma 2M 4 All MW no N 7O�ff� NIa A po O 1 f' .4, Tommm 21, JO ! I oNIrM 7 o $ NO COMMA= mar oar IL mm FIR I t,XA03 - _ kviwK INN 7W Na 2o-y - NOT 70 sm • — r IF.s aa�0°veaet�ia� Rm to no Na s1-" — UL 33W rw IL Ilan ma�'-"U "uu a r u a�oam Saw Putyvc im NL IF&I. N&xpn wm • o I=WS 0 r II'. aaoo 1& wa naa. WWS 0a UaaM IF Hall on MMao Is 4wa RM a A wo as Ift t Ls. 4w m a>Mm a r uo1 tto a rw a mK W = Mo oar t LA4WNWOFCIM•aAow� K0itAIaW OOM1n>f!► OQR X LC. LL16 ►JkAl a I" A Sim 1AMM Na lw' lot aOsol� looma1 lot V a Iu R uL lm eerle� AS aw� a 11� aonlllla�olu► � a (pF � iw0 +� c Fin IW IIL uw-4 Diet oalw"'r.'du"�°oaw 1 s iW Wx�lML a PAR 1 ums PAR. d `�Pm `` - `1%" Pk4jLl V6/4i?- TbL� - 4--------_---r- �� I r % �-• ---- tlr I ;�- 11>rF3roe� PAA. 8 - ------- i v am—W��iatcs ao Au m- I Q LOT I! I! ALL OOMmn =MI W au t w M mmwma MaM M ml- wDI m MICR m as 1w. am 4• mm t i-�•IDIw ILC A rw. rar Ila t71/►3"7A. mm a1w11E IloMen TRACT NO. 1 t) -N� RL a ma m� oaras a 28i �f In IMQ a011M1Mi M � 1O ML • 131e1. UK os I Met COMM lLd AM OM � T 24yM I 1. LoT 2 / LOTTO LOT 3 • / / LOT 2 _J collumIL" ammoIt " m W Man no I was T. Im N an 136 slot a &msm f � m � IIEuNOER LOT 22 ---- LtyT 12 Ma. 2n2/!f i �ill1 = ME119 11:1� E111�0 gyp, W wNl/L 011K mum am at agla aF w Alb O11L19a alwla a COIOoiA M�Itd OaM�>f nNml r FA11011 OF as wuc TOR AN M"iuo°10iiwr m i � aF ■r Ia�FW im sm own I■wa ON Aaslo wR V= WL amov� fomm IC'r "dI°Ma"11`"0'0�` Q ��rli w�a ao mm11s1Ia w1o1 10 SM am L480 Iumv NIN �s li ACTT rLc m aCRs all won IOGIM o • 11L lwwns ow as "m mm Al MAM . tD Mw M 0 MO SM Halm f a — wllljkL aA 00 NwaRM IIM n+ONa m OIpLt • w aM71 > QM1R AI wf E Iw001®MO 1a1�� N �[ 10� G li N• 1�� 01 wi Con No AM �ra 10 K UO 10 � a0 at Fri a�fT �a0. AL N AM FA gW M NlM Me Nw m MO mnft 11rROO WNS Alai A IM N WX SM "K sm ar am AM MW awns a OVAHMA MW GKW wao NSW FM W&M M NOlo W FIw011/ pa� XMW S3,.tM w a WA MAa 3Mt a 0 a MODM So LVDW alrnlF t w as In 131E NK 0 v ORIW GML stolas ,rt�r MMWPN ON/I�- CIE � Ma� I Mtn m MI. Ni * OF IOL so camAM awoa alMm a) WOOL ww M1E:T i1M PU IMRS wtl m JLa 2% IMO N Iwo, on 49 a 01 m IwoL M mm Ono Ic m IANO sans v M E= Ion w11cII "m a>oaos MIaN1 x INS r In two, w m v a am m p�pN'j AAI� MI AMI a�wn1 111 pp 96 A *WFM M UA IAkMN'SM/ M SIC mmum 000wwM0 PMIL ma W99 MIMMIMMO<L M�a1 a1m1■o k MW a Wa Na wa a �M : aRolr, Il�oaot � mulms1 1 j � Gr � _ N INa01NwWEAm am MIL �fr�I0I1CM. IA wNff UM IlL �. I, aN1. �a >DIIOL 3P13 W W01K NO MOM W M'W IS I YII� M6lla lt 4.14 ATTACHMENT 2 Table of Values Tract 28340-1 PGA West KSL Land Development Performance Securit Improvement Labor & Current Proposed Warranty Description Materials Security Reduction Security GradinrF_ $79,281 $79,281 90% $7,928 Water $18,810 $18,810 M �TM 90% $1,881 Sewer $62,800 $62,800 a 90% M a � ^ $6,280 Dry Utilities / Electric _w..._.. w _ _ $98,932 $98,932 90% $9,893 On -Site Streets $28,896 $28,896 90% $2,890 Monumentation $0 $89400 100%t, $0 Total $288,719 $297,119 $28;872 Staff recommends the release of Performance securities upon receipt of Warranty securities. Release Labor and Materials securities 90 days from the date of acceptance (July 5, 2004). Release Warranty securities one year from the date of acceptance (April 6, 2005). L,I T:\PWDEPT\4TAFF\Martinez\KSL StaffRenorts\28340-1 attachment.doc OF T9 COUNCIL/RDA MEETING DATE: April 6, 2004 ITEM TITLE: Acceptance of Improvements Associated with Tract No. 28341-1, PGA West, KSL Land Corporation, a Delaware Corporation RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: ��- STUDY SESSION: PUBLIC HEARING: Accept improvements to Tract No. 28341-1, PGA West, KSL Land Corporation, a Delaware Corporation and authorize staff to release performance securities upon receipt of warranty securities. FISCAL IMPLICATIONS: None. No public improvements were included with Tract No. 28341-1; therefore no additional maintenance costs are anticipated. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract No. 28341-1 is located within PGA West, which lies west of Madison Street, south of Avenue 54, 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 after the City receives the warranty securities. r, 16 S:\CityMgr\STAFF REPORTS ONLY\4-6-04\C 22 28341-1.doc 4W FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept improvements to Tract No. 28341-1 PGA West, KSL Land Corporation, and authorize staff to release performance securities; or 2. Do not accept improvements to Tract No. 28341-1 PGA West, KSL Land Corporation, and do not authorize staff to release performance securities; or 3. Provide staff with alternative direction. Respectfully submitted, Aoty R. J rson/I/P*E. Public Works irecto City Engineer Approved for submission by: 2ZO 74 0 0 Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Table of Values S:\CityMgr\STAFF REPORTS ONLY\4-6-04\C 22 28341-1 AM 2 r) � ��! root I rn�a � r N ~~X60- C Z 8 — 61 N 1Q R F- a� g a cn 9 �' ►- ez rT 11. 'i 2 as - E x p i ll.; V 10 teI Ilk 11 L►�b�.!^ 9-1 Ill N SN rl ♦ fl 1■ P q a 1 ae pot fio Z �' �r N L?L{' � VON a s ;a.bmC, r it �p L ■N N ��i'' e O o!jell Ssit <ry S'N 4i �i �SR W N ! o ui IR^ iLd 8�e 1 W. W � 0 3 to ■ O �, ,�, `�+ ATTACHMENT 2 Table of Values Tract 28341 -1 PGA West KSL Land Corporation Performance Sec rity Improvement Labor & Current Proposed Warranty Description Materials Security Reduction Security. GradinwawR$25,978 $25,978 90% $2,598 Water a- t- er $7,703 $7,703 ... 90.%- $770 Sewer $26,700 $26,700 ....... 90% $2,670 I 11 11 I I Underground Electric $41,524 $41,524 90% On-Site—,$14,228 $14,228 90% $1,423 110onumentation $0 $4,680 100% $0 ITotal $116133+ $120,813 $11,6131 Staff recommends the release of Performance securities upon receipt of Warranty securities. Release Labor and Materials securities 90 days from the date of acceptance (July 5, 2004). Release Warranty securities one year from the date of acceptance (April 6, 2005). 4 TAPWDEPTNSTAFF\Martinez\KSL Staff Renorts\28341 -1 attachment.doc ti OF 'T9 COUNCIL/RDA MEETING DATE: April 6, 2004 ITEM TITLE: Acceptance of Improvements Associated with Tract No. 28603-1, PGA West, KSL Land Corporation, a Delaware Corporation RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept improvements to Tract No. 28603-1, PGA West, KSL Land Corporation, a Delaware Corporation and authorize staff to release performance securities upon receipt of warranty securities. FISCAL IMPLICATIONS: None. No public improvements were included with Tract No. 28603-1; therefore no additional maintenance costs are anticipated. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract No. 28603-1 is located within PGA West, which lies west of Madison Street, south of Avenue 54, 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 after the City receives the warranty securities. 0 S:\CityMgr\STAFF REPORTS ONLY\4-6-04\C 23 28603-1.doc FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept improvements to Tract No. 28603-1 PGA West, KSL Land Corporation, and authorize staff to release performance securities; or 2. Do not accept improvements to Tract No. 28603-1 PGA West, KSL Land Corporation, and do not authorize staff to release performance securities; or 3. Provide staff with alternative direction. Respectfully submitted, (_,T,(rmothy R. o asso . E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Table of Values S:\CityMgr\STAFF REPORTS ONLY\4-6-04\C 23 28603-1.doc 2 `7 A:w TRACT NO. 2860!Tl COLONIAL INTERLACHEN 54th AVENUE 58th AVENUE AIRPORT BLVD. EN�1 No i TRACT NO. 2860-3-1 LAKE CAMILLA COUNTY o VICINITY MAP 3� w r.- PARK ATTACHMENT 2 Table of Values Tract 28603-1 PGA West KSL Land Corporation Performance Securit Off -Site Labor & Current Proposed Retained Improvement Description Materials Security Reduction Security Madison Street Improvements Pa_rticipatory� �_._..� $0 $281,806 ....100% __.w.. M ,.. $0 Traffic Signal Improvements $0 _® $62'500 _ ti 0% $62 500 Participalc �K 50% Share) Madison Street & Weiskopf Gate Total $0 $344,3061 $62,500 Staff recommends the release of Performance securities related to the participatory improvements of Madison Street. Retain all other participatory securities until obligations have been met. All securities received under this tract were participatory, therefore does not require Labor & Material or Warranty securities be held by the City of La Quinta, as defined in the Subdivision Map Act. 4 TAPWDEP71.STAWMartinez\KSL Staff Renorts\28103-1 attachment.doc 4 L5) • �' lecerwaiem� COUNCIL/RDA MEETING DATE: April 6, 2004 ITEM TITLE: Acceptance of Improvements Associated with Tract No. 28838-1, La Cala at PGA West, KSL Land Corporation, a Delaware Corporation RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: -s2w STUDY SESSION: PUBLIC HEARING: Accept improvements to Tract No. 28838-1, La Cala at PGA West, KSL Land Corporation, a Delaware Corporation and authorize staff to release security upon receipt of warranty security. FISCAL IMPLICATIONS: Acceptance of the improvements to Tract No. 28838-1 will impact the General Fund as follows: Median Landscape Maintenance costs are estimated to be $2,880 annually CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract No. 28838-1 is located east of Madison Street, south of Airport Boulevard and north of Avenue 58 (Attachment 1). All improvements are now complete and all obligations of the Subdivision Improvement Agreement have been satisfied. Included, as Attachment 2 is a spreadsheet indicating security to be released upon receipt of warranty security. S:\CityMgr\STAFF REPORTS ONLY\C 24 28838-1.doc FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept improvements to Tract No. 28838-,1 La Cala at PGA West, KSL Land Corporation, a Delaware Corporation and authorize staff to release security upon receipt of warranty security; or 2. Do not accept improvements to Tract No. 28838-1, La Cala at PGA West, KSL Land Corporation, a Delaware Corporation and do not authorize staff to release security; or 3. Provide staff with alternative direction. Respectfully submitted, timothy R. o ass , P.E. Public Works irector/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Security Outline S:\CityMgr\STAFF REPORTS ONLY\C 24 28838-1.doc 2 ATTACHMENT 1' 3 y N 11, 4 lilt tit.,� I I v 1 _� �w I I - lit if 16 • 0 .. v all -- — — — — — — — — — — — — I 1 COco m �CO�� rC T 888 I I J WUQa I O N � lit S T i I P i / a 3." N �1 N O N vl 00 t0 .- " I.iMN II.R.$ dN 11Gi► N 0921-1 on " a in T� V IRZ�g I A I WL" &94.1 N N N N 0 " N In d�a ' Win I p 9 ANS 33S L 133HS 33S h N O� < o r I I9oI a GNENI n.R#a a W W 2 2 ►0 I O Q1 a a: \ "I l/C Al N AX MRAW N M 0 0 to I I I N 0 M In � � V rt U1 V) V) �� W M N m \ 4a� 1,4 ~ N7 h N h 100 t0 m _ tM0 t�0 M W N N N1 q aw1 AM N to Or '� M m Loth LOW 11.M NI � 3 in 7 o on N a� ce _ X1f! A.VAA N go _ M N F ILsaaN <I }�d.� — —$— _ Q ia1 carat Nri w r�.R �0 r7 M N O OI coe� 1D in9—�I O c► iai — i ' 0 — = -- ne-w vn « — — �,�/ — I Y iN — — — -- - �f m gists evoz la I .yg a a �b9 L 3 r) , 4.� � ATTACHMENT 2 Table of Values Tract 28838-1 La Cala at PGA West KSL Land Development Performance Security Improvement Labor & Current Proposed Warranty Description Materials Security Reduction Security Grading. $285,523 _ ... $285,523 ..... , 9.0%... $28,552 Street & Storm Drainage $1,544,755 $1,544,755 90% $154 476 Perimeter Improvements $1,212,820 $1,212,820 90% $121,282 Water _ $183,195 $183,195 90% $t18,320 Sewer 90% $61 147 _ _ a _Under round Electric __...$611,469 $427,000 ._ ..$611,469 $427,000 u 90% $42 700 Participatory Improvements Traffic Signals Madison St & Airport Blvd. (25% share) $0 $31,250 100% $0 Madison St & Main Entry (50% share) $0 $62,500 0% . $62,500 Landscaped Median ,Airport Boulevard 50% share $0 $176,813 100% $0 Total 1 $4,264,762 $49535,3251 $488,976 Staff recommends the release of Performance securities upon receipt of Warranty securities. Release Labor and Materials securities 90 days from the date of acceptance (July 5, 2004). Release Warranty securities one year from the date of acceptance (April 6, 2005). 4 T:\PWDEPT\.STAFF\Martinez\City CounciAStaffRenorts\final accentance\KSL StaffRenorts\C 24 28838-1 attachment.doc r OF9 COUNCIL/RDA MEETING DATE: April 6, 2004 ITEM TITLE: Acceptance of Improvements Associated with Parcel No. 30327, PGA West, KSL Desert Resorts, Inc., a Delaware Corporation RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: A5 STUDY SESSION: PUBLIC HEARING: Accept improvements to Parcel No. 30327, PGA West, KSL Desert Resorts, Inc., a Delaware Corporation, and authorize staff to release performance securities upon receipt of warranty securities. FISCAL IMPLICATIONS: None. No public improvements were included with Parcel No. 30327; therefore no additional maintenance costs are anticipated. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel No. 30327 is located within PGA West, which lies east of Madison Street, west of Monroe Street, and north of Airport Boulevard (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 after the City receives the warranty securities. S:\CityMgr\STAFF REPORTS ONLY\4-6-04\C 26 30327.doc 1),-),8 " tii� FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 2. 3. Accept improvements to Parcel No. 30327, PGA West, KSL Desert Resorts, Inc., and authorize staff to release performance securities; or Do not accept improvements to Parcel No. 30327, PGA West, KSL Desert Resorts, Inc., and do not authorize staff to release performance securities; or Provide staff with alternative direction. Respectfully submitted, t jT' othy R J nas o , P. E. Public Wo& Dire or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Table of Values T:\PWDEPT\STAFF\Martinez\City Council\Staff Reports\final acceptance\KSL Staff Reports\30327.doc 2 , 3 PARCEL MAP NO. 30327 AVENUE 54 _ ATTACHMENT I I IanQrC7I WAP � i H w w W H cn z 0 cn A r i H w w H w 0 P4 z 0 AIRPORT BOULEVARD ► AVENUE 58 VICINITY MAP NOT TO SCALE I:\51310\bUPPIWG\P1130&*\VICINITY.dw4, A TTACHMENT 2 Table of Values Parcel Map 30327 PGA West KSL Desert Resorts Performance Securit Improvement Labor & Current Proposed Warranty Description Materials Securit Reduction Security Domestic Water (On -Site) 750 $750 90% Sanitarv-Sewer(On 1. -Site . $500 $500 90% DrUtilities/Electrical $2,500 R $2,500mpYx 90% F y250 a . .� Monumentotion $0 $620 1 0 $0 ..,,.,,., Engineering & Plans (20% of Constructions $0 $874 100% $0 No -Plans Conti enc 20% of Project)$0 $1,049 100% $375 Total $30750 $6,293 Staff recommends the release of Performance securities upon receipt of Warranty securities. Release Labor and Materials securities 90 days from the date of acceptance (July 5, 2004). Release Warranty securities one year from the date of acceptance (April 6, 2005). 4 TAPWDEPT\STAFF\Martinez\KSL StaffR"rts\30327 attachment.doc a, Opp ' 4 QdArla w OF 9 COUNCIL/RDA MEETING DATE: April 6, 2004 ITEM TITLE: Acceptance of Improvements Associated with Tract No. 28960, PGA West, KSL Land Corporation, a Delaware Corporation RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: a(0 STUDY SESSION: PUBLIC HEARING: Accept improvements to Tract No. 28960, PGA West, KSL Land Corporation, a Delaware Corporation and authorize staff to release performance securities upon receipt of warranty securities. FISCAL IMPLICATIONS: None. No public improvements were included with Tract No. 28960; therefore no additional maintenance costs are anticipated. CHARTER CITY IMPLICATIONS: None. BACKGROUND.AND OVERVIEW: Tract No. 28960 is located within PGA West, which lies west of Madison Street, south of Avenue 54, 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 after the City receives the warranty securities. S:\CityMgr\STAFF REPORTS ONLY\4-6-04\C 28 28960.doc r3 r� FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept improvements to Tract No. 28960 PGA West, KSL Land Corporation, and authorize staff to release performance securities; or 2. Do not accept improvements to Tract No. 28960 PGA West, KSL Land Corporation, and do not authorize staff to release performance securities; or 3. Provide staff with alternative direction. Respectfully submitted, Glim::::�=thy R J nass , P. E. Public Wor s Direc or/City Engineer Approved for submission by: 10 . �e�x Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Table of Values S:\CityMgr\STAFF REPORTS ONLY\4-6-04\C 28 28960.doc 2 TRACT. NO. 289(50 T 1 z a �_; cc V) LaJ U_ U- W 54th AVENUE TRACT* NO., 28960 k, ru o AIRPORT 0 OCLUB o BLVD. HOUSE Q a RIVIERA Opp. M ERION COLONIAL HERMITAGE INTERLACHEN LAKE CAHUILLA COUNTY PARK Z o W `) SBth AVENUE ' VICINITY MAP NOT TO SCALE' ��4= ATTACHMENT 2 Table of Values Tract 28960 PGA West KSL Land Corporation Performance Securit Participatory Off -Site Labor & Current Proposed Retained Improvement Description Materials Security Reduction Security Avenue 58 Improvements $0 $629,354 0 /o $629,354 11Interlachen Extension $78,233 0 /o $78,233 Traffic Signal Improvements (Participatory) Madison Street & Airport(50% $0 $62,500 100% .Blvd. Madison Street & Avenue 58 25 /o $31,250 0 /o $31,250 Total $0 $801,337 $738,837 Staff recommends the release of Performance securities related to the participatory improvements of Madison Street. Retain all other participatory securities until obligations have been met. All securities received under this tract were participatory, therefore does not require Labor & Material or Warranty securities be held by the City of La Quinta, as defined in the Subdivision Map Act. 4 0 4W. <1 S:\C'itvMer\.STAFF REPORTS ONLY\4-6-04\C: 28 28960 attachment.doc a, 0� O ��• �' � Ivcnwxntm�4� iw G� OF T9 COUNCIL/RDA MEETING DATE: April 6, 2004 ITEM TITLE: Acceptance of Improvements Associated with Tract No. 28150, PGA West, KSL Land Corporation RECOMMENDATION: kGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: al STUDY SESSION: PUBLIC HEARING: Accept improvements to Tract No. 28150, PGA West, KSL Land Corporation, and authorize staff to release performance securities upon receipt of warranty securities. FISCAL IMPLICATIONS: None. No public improvements were included with Tract No. 28150; therefore no additional maintenance costs are anticipated. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract No. 28150, is located along the west side of Interlachen Street, 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 after the City receives the warranty securities. S:\CityMgr\STAFF REPORTS ONLY\4-6-04\C 29 28150.doc ''r •% V FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept improvements to Tract No. 28150 PGA West, KSL Land Corporation, and authorize staff to release performance securities; or 2. Do not accept improvements to Tract No. 28150 PGA West, KSL Land Corporation, and do not authorize staff to release performance securities; or 3. Provide staff with alternative direction. Respectfully submitted, diothy R. o sso . E. Public Works irector/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Table of Values S:\CityMgr\STAFF REPORTS ONLY\4-6-04\C 29 28150.doc 2 ti v ar My etrr t/ N ouarm COVWW Of A"WWAu. 7rfrf u QU" TENTATIVE TRACT W.O. 2E 150 ATTACHMENT arcs t SU#W"jIm N tar t of suer so. s•.••-..r sfnrufs IN a+r .ea ar �i ie is pis jocosirt ucuua Ifar XWESS CWN".. c L ; am . » ,» ... .. FSBRUABY 1995 WATSON k CHAISTIANSM ZNC1Nal81N6 4� 0� R ; i OIJrtR/DPYEtOMiR • . 1 • •1 ' TIR /NM•f • • i • 1 (1 N! a= low CASPIMM •aaa. i • • i j i � 1 �' � � a�►crNasa 1, L ��6.. 1�a;• 1 F.0 far m • apwrrtfafw ruwrroyw { rAP / i 1 � 1 1 / �I 1 • 1 M .1 \•1 rl � 1 1 1 1 1 1� t LOT Is l ` .1 sLr ownN I . 1 � r. 1 1 i ' a � • TR raw LOT • 1 #�• c11 ffeam "m MUMS asom Ilr to6mom muff UVWX t/iww� tttt /ttflpM CALAWO Ml•/ t♦+ 6Owww R•f•'4W 1 r*Mdi PAP%fRIM RIr•9•I no" mraler SHAM "a" /cs"s MIMr LAND USE A&W am Ow toms"Oft"m UND owl COW com"Immm" swl.•.+aMf. f..vd•a +-��+ ASSZSSOR'S PARCEL NO.'S AU CAJtCCLa LOYLS. +sstu+rrat r N sc. ,Trot M. A-4 rta %mo 1+ mm guano To women "WAmm 10/ •!A •Nat "AM .. ftlh MUM A+•t� . j I;w lr •- E7NOTM RUMMY" � J � '1 .1 . 1 , -Hermitage (private) /r gm" wr t """s""" Jet - --- -- _ - �- -Avenue 58 (public) 729ff- _ . S•i't.�l. + .� f>r .•ww -•.. fly' /rn%nli� ATTACHMENT 2 Table of Values Tract 28150 PGA West KSL Land Development Performance Security Improvement Labor & Current Proposed Warranty Description Materials Security Reduction Security Grading, Paving & Drainage„ .. _ $2,200 $2,200 90% $220 _v.-.r Water $2, 300 $2,300 o _ .... 90% $230w...__ Sewer $6,000_ $6,000 90% _ $600 Dr Utilities /�Electric $20,960 $20,960 _ 90% $2,096 Monumentation $0 $4,000 100% $0 Total $31,460 $35,460 1 $3,146 Staff recommends the release of Performance securities upon receipt of Warranty securities. Release Labor and Materials securities 90 days from the date of acceptance (July 5, 2004). Release Warranty securities one year from the date of acceptance (April 6, 2005). 4 T:\PWDEPT\STAFF\Mar inez\KSL StaffRenorts\28150 attachment.doc COUNCIL✓RDA MEETING DATE: April 6, 2004 ITEM TITLE: Consideration of Approval of the Relocation Plan for the Vista Dunes Mobile Home Park RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Review the Relocation Plan for the Vista Dunes Mobile Home Park Project, solicit input and continue final action to April 20, 2004 in order to insure that all input is received and responded to. FISCAL IMPACT: Implementing the Relocation Plan ("Plan") will result in the expenditure of up to $3,300,000 in mobile home acquisition and resident relocation costs. There is currently $2,700,000 available, and the remaining amount will be paid from the upcoming 2004 RDA Low & Moderate Tax exempt bond financing. Funds were budgeted for these activities on December 2, 2003 when the Agency Board approved the project. BACKGROUND AND OVERVIEW: Since 1993, the La Quinta Redevelopment Agency has been actively implementing affordable housing projects and programs that rehabilitate existing, and produce new, affordable housing units. During this period, the Agency has secured 894 dwellings that will remain affordable to very low-, low- and moderate -income households for 30 to 55 years. In November 2003, the Agency Board directed staff to acquire the Vista Dunes Mobile Home Park ("Park") in order to redevelop the property with 82 new single-family dwellings that would be affordable to very low- and low-income family households for 55 years. This effort will result in the displacement of existing residents; the California Community Redevelopment Law and the California Relocation and Real Property Acquisition Guidelines require the Agency to prepare and submit to the City Council for consideration for adoption a relocation plan that sets forth the policies and procedures the Agency will follow when relocating Park residents. 240 S:\CityMgr\STAFF REPORTS ONLY\B 6 RelocationPlan.doc Attachment 1 presents the Plan for the Park. To facilitate the Park's Spanish speaking residents, Attachment 2 presents a Spanish language version of the Plan. The Plan presents: General and specific descriptions of Project Area No. 2 and area demographics • Survey data concerning the demographic characteristics and present circumstances of Park residents and their relocation needs An assessment of the availability of comparable replacement housing within the City of La Quinta and the surrounding community The steps and procedures the Agency will follow to ensure a fair and equitable relocation program • An explanation of how the project is consistent with the requirements of the City of La Quinta Municipal Code and Government Code. Park resident information presented in the Plan was compiled through a series of bi- lingual interviews conducted by the Agency's relocation consultant, Overland, Pacific and Cutler, during the month of January, 2004. The Park has 92 households and a total of 326 residents - 191 adults and 135 children. Seventy- two percent of the total households are families with children, and twelve percent are senior households. The average household size is four persons and, based upon State housing standards, eight households live in overcrowded conditions. Resident interviews indicated the following income levels: 23 households are extremely low income, 38 households are very low income, 24 households are low income, and six households are moderate income. All but nine households indicated a desire to relocate within the City of La Quinta. The Plan includes a survey of replacement housing opportunities. Per State Law and Relocation Guidelines, the Agency must identify replacement housing options that focus on: • Available rental spaces in surrounding area mobile home parks • Mobile homes that are for sale • Available rental housing including multi -family dwellings. An initial survey was conducted during January and February, 2004; 4s the relocation process proceeds, the relocation consultant will conduct roonthly replacement housing surreys to maintain a current list of housing opportunities. The initial survey identified 67 mobile home units that were for sale in parks located in La Quinta and the surrounding community. In addition, the initial survey identified 80 residential mobile home lot spaces available for rent, at rent levels SACitYMgr\STAFF REPORTS ONLY\B 6 RelocationPlan.doc i 2 ranging from $275.00 to $450.00 per month. Space rents at the Park range from $315.00 to $490.00 per month. The Plan also details the relocation assistance program and the scope of the relocation benefits. The relocation assistance program generally entails: Informing residents of their relocation rights and the scope of the relocation benefits • Determining each household's specific housing needs • Identifying and updating information on replacement housing opportunities • Identifying Federal; State and other governmental agency housing program assistance • Assisting each person with completion of relocation assistance applications • Assisting each displacee with finding replacement housing opportunities Providing relocation payments in accordance with all State standards • Establishing an appeal procedure with respect to disputes over relocation benefits. The scope of relocation benefits entails: • Providing moving expense payments based upon the actual cost of using a professional mover, or based upon a fixed payment schedule if residents elect to move themselves • Mobile home space rent differential payments based upon the difference between existing space rent costs and new space rent costs calculated for a 42-month period • Mobile home purchase price differential payment based upon the difference between the appraised value of the resident's coach and the cost to purchase a comparable replacement coach (residents may elect to move their current coach, however, given the age of some of these coaches they either cannot be physically moved or will not be accepted in other mobile home parks) • Mortgage interest differential payments to compensate mobile home owner - occupants for a loss if they can demonstrate that their existing coach purchase loan offers better financing terms than current market terms • Incidental expense payments including legal, closing cost title and other costs related to purchasing a comparable replacement dwelling. The relocation process also provides that a relocation committee comprised of Park residents may be established to review and comment on the Plan, to assist residents with understanding their relocation rights and benefits, and to review S:\CityMgr\STAFF REPORTS ONLY\B 6 RelocationPlan.doc 3 disputes regarding, and appeals of, relocation benefit payments. On March 14 a group of Park residents formed the Vista Dunes Action Committee and represent that this Committee will serve as the Relocation Committee. The Plan was distributed to park residents including the members of the Vista Dunes Action Committee on March 1 2004. The Committee representatives indicted that they elected to form the Committee after their initial review of the Plan. Both the Agency's relocation consultant and the Project Manager for this project met with the Chair of the Action Committee on March 22 to discuss the Committee, resident concerns and relocation process. The Plan has been circulated for a 30-day review period that was initiated on February 28, 2004 and concluded on March 31, 2004. All Park residents received notices that the Plan was available for review, and staff held a resident meeting to review the Plan and the public review process on March 1. Further, both English and Spanish versions of the Plan have been available at the Park Manager's Office, and at the public counter of the Community Development Department. In addition to Park residents and the Vista Dunes Action Committee requesting copies of the Plan, copies were also provided to the Coachella Regional Office of California Rural Legal Assistance, Inc. To date, no comments have been received on the Plan. The Vista Dunes Action Committee did, however, submit 112 questions regarding relocation and the project in general; staff and the relocation consultant are preparing answers in both Spanish and English. They will be distributed to the City Council by April 5. Prior to completing the Plan and submitting it to the State Department of Housing and Community Development (HCD), State Law and Relocation Guidelines requires that the Agency hold a public meeting to receive further comment. This forum provides the opportunity for Park residents to voice their concerns to the City Council, for staff and the relocation consultant to answer questions regarding the relocation process and benefits, and for the City Council to present their views regarding how the relocation process should be conducted and to make sure that the Council's views are incorporated into the final Plan. Since many Park residents are Spanish speaking, a bi-lingual translator will be present. FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1. Review the Relocation Plan ("Plan") for the Vista Dunes Mobile Home Park Project, solicit, input and continue final action to April 20, 2004 in order to insure that all input is received and responded to; or 2. Provide staff with alternative direction. S:\CityMgr\STAFF REPORTS ONLY\B 6 RelocationPlan.doc 4 �ll� Respectfully submitted, rry HerrOn ommunity Development Director Approved for submission: Thomas P. Genovese, City Manager Attachments: 1. Relocation Plan - English 2. Relocation Plan - Spanish S:\CityMgr\STAFF REPORTS ONLY\B 6 RelocationPlan.doc ti �� 5 f Relocation Plan for the VISTA DUNES MOBILE PARK PROJECT Prepared For THE LA QUINTA REDEVELOPMENT AGENCY March 1, 2004 By Overland, Pacific & Cutler, Inc. 41555 Cook Street, Suite 250 Palm Desert, CA 92260 Phone: (760) 776-1238 WWW.OPCSERVICES.COM DRAFT TABLE OF CONTENTS INTRODUCTION...........................................................1 PROJECT DESCRIPTION .................................................. 3 A. THE REGIONAL LOCATION .......................................... 3 B. PROJECT SITE LOCATION .......................................... 4 C. DEMOGRAPHIC INFORMATION ...................................... 5 1. Population ............................................. 5 2. Ethnicity ............................................... 5 II. ASSESSMENT OF RELOCATION NEEDS ..................................... 6 A.' PROJECT IMPACTS ................................................ 6 B. SURVEY SCOPE AND METHODOLOGY ................................ 6 C. SURVEY RESULTS ................................................. 6 1. General ............................................... 6 2. Occupancy/Overcrowding................................. 7 3. Replacement Housing Needs .............................. 7 4. Income ................................................ 8 5. Ethnicity/Language ...................................... 10 6. Disabled Households .................................... 10 7. Preferred Relocation Areas................................10 III. RELOCATION RESOURCES .............................................. 11 A. RESOURCE SURVEY METHODS ..................................... 11 B. REPLACEMENT HOUSING AVAILABILITY .............................. 11 1. Mobile homes - For Sale .................................... 11 2. Rental Housing .......... ....................... ... ... 12 3. Mobile home space rentals ................................... 12 4. Summary ................................................ 13 C. RELATED ISSUES ................................................ 13 1. Concurrent Residential Displacement ...........................13 2. Temporary Housing.........................................13 IV. THE RELOCATION ASSISTANCE PROGRAM ................................ 14 A. INTRODUCTION ................................................... 14 B. RELOCATION ASSISTANCE ADVISORY PROGRAM ..................... 14 C. RELOCATION BENEFITS .......................................... 17 1. Residential Moving Expense Payments ........................ 17 2. Rental Assistance To 90-Day Residential Tenants Who Re -Rent .... 18 3. Down Payment Assistance To 90-Day Tenants Who Choose to Purchase ....................................................... 19 4. Replacement Housing Payments to Owner -Occupants ....... 19 5. Payments To Non -Tenured Residential Tenants ................. 21 D. GENERAL INFORMATION ON PAYMENT OF RELOCATION BENEFITS ...... 22 E. LAST RESORT HOUSING .......................................... 23 F. RELOCATION TAX CONSEQUENCES ................................. 23 246 V. ADMINISTRATIVE POLICIES, PROJECT TIMING AND BUDGET ................. 23 A. APPEAL PROCEDURE ............................................. 23 B. EVICTION/TERMINATION POLICY .................................... 24 C. CITIZEN PARTICIPATION .............. ....................... • • .. 26 D. PROJECTED DATE OF DISPLACEMENT .............................. 26 E. ESTIMATED PARK CLOSURE RELOCATION COSTS ..................... 26 LIST OF TABLES Table 1: Year 2000 Decennial Census Data - Ethnicity ........................ 5 Table 2: Distribution of Owners and Tenants .. .... ..................... 7 Table 3: Replacement Housing Needs .................................... 8 Table 4: HUD Income Limits ............................................ 9 Table 5: Park Resident Income Levels by HUD standards for Riverside County ... 10 Table 6: Available For -Sale Mobile Home Units ............................ 11 Table 7: Residential Apartment Units .................................... 12 Table 8: Mobile Home Lots for Rent ..................................... 13 Table 9: Schedule of Fixed Moving Payments ..... .................. ... 18 Table 10: Computation of Rental Assistance Payments (Example) ............. 19 Table 11: Calculation of a Purchase Price Differential Amount ................. 20 LIST OF EXHIBITS EXHIBIT A: Residential Interview Form EXHIBIT B: Informational Statement for Families and Individuals EXHIBIT C: Lawful Presence Certification INTRODUCTION The La Quinta Redevelopment Agency has been actively implementing affordable housing initiatives since 1991. These initiatives encompass funding silent second trust deed mortgages and residential property rehabilitation loans, acquiring affordable units in private developments, and purchasing property that was subsequently developed with affordable housing.. The City of La Quinta Redevelopment Agency ("Agency") is in the process of acquiring the Vista Dunes Mobile Park (the "Park") at 78-990 Miles Avenue, La Quinta, CA. The park will be redeveloped with eighty-two (82) very -low income rental housing units. Currently the park contains 93 mobile home units, five (5) of which are tenant -occupied, one (1) is vacant and eighty-six (86) are owner -occupied. In addition, there is a laundromat business on site. This plan addresses residential displacement only, therefore the commercial use will not be considered further in this plan, but will be advised of the relocation assistance program and it's eligibility for benefits. In order to evaluate the present circumstances and re -housing requirements of the residential occupants that will be permanently displaced by the Project, the Agency has retained Overland Pacific and Cutler (OPC), a professional relocation consulting firm, to prepare and appropriate the Relocation Plan (`the Plan"), as well as administer the required Relocation Assistance Program. The Plan provides the results of a needs assessment survey for the residential occupants. This plan also sets forth policies and procedures necessary to conform with statues and regulations established by the California Relocation and Real Property Acquisition Guidelines, Title 25, California Code of Regulations, Chapter 6, Section 6000 et seq. (The "Guidelines"), and Rules, Regulations and Procedures as adopted by the La Quinta Redevelopment Agency. This Relocation Plan complies with the Housing Element of the City of La Quinta General Plan. Section I: General and specific descriptions of the project area and area demographics Section 2: Survey data concerning the demographic characteristics and present circumstances of Park residents and their relocation needs Section 3: An assessment of the availability of comparable replacement housing within the City of La Quinta and surrounding communities Section 4: The steps and procedures that the agency will follow to ensure a fair and equitable relocation program. Section 5: An explanation of how the project is consistent with the requirements of the City of La Quinta Municipal Code and the Government Code. This Plan is not a notice to vacate nor does it establish eligibility for relocation assistance. Occupants who move before being advised of their eligibility to receive relocation assistance benefits or fail to maintain their tenancy in good standing could jeopardize their right to claim relocation assistance benefits. 2 I. PROJECT DESCRIPTION A. THE REGIONAL LOCATION The City of La Quinta is located in the County of Riverside, California. (See Figure 1: Regional Project Location) Figure 1: Regional Project Location B. PROJECT SITE LOCATION The Project site is located on the north side of Miles Avenue, west of Adams Street. (See Figure 2: Project Site Location). Figure 2: Project Site Location 4 �L 12 1: 2 C. DEMOGRAPHIC INFORMATION 1. Population The Year 2000 Decennial U.S. Census (the Census) indicated a total population of 23,694 people, 8,445 households, and 6,553 families residing in the city. 2. Ethnicity According to the Census, the ethnic mix in the subject Census Tract was approximately 62.90% `White'; 1.20% African American, 0.40% American Indian and Alaska Native,0.10% Native Hawaiian and other Pacific Islander, and 1.70% from two or more races. 32.00% of the population are Hispanic or Latino of any race. Source: U. S. Census Bureau, 2000. (See Table 1., below.) Tabfe dear 2000 flec nnr Cen t'S :D to - -EtnICIV t ea l oblie P.ro +a ;l .a'#1n, �� CA POPULATION - 2000 239694 100% White 14,893 62.90% Some Other Race 11 0.00% Two or More Races 395 1.70% Black or African American 296 1.20% Asian 401 1.70% American Indian and Alaska Native 95 0.40% Native Hawaiian and Other Pacific Islander 19 0.10% Hispanic or Latino (of Any Race) 1 7,584 1 32.0011 5 y` -3 2 �'� �3 � II. ASSESSMENT OF RELOCATION NEEDS A. PROJECT IMPACTS Closure of the Park will result in the permanent displacement of 93 mobile home units. With one vacancy, there are 92 resident households. Five (5) of the 92 resident household units are tenant -occupied, one (1) is vacant and eighty-seven (87) are owner -occupied. The Park contains a mix of seniors and families with an average occupancy of slightly more than 7 years per household. Neighborhood characteristics include close proximity to employment, medical and recreational facilities, parks, shopping, transportation and schools. B. SURVEY SCOPE AND METHODOLOGY Information necessary for the preparation of this Plan was obtained primarily through door-to-door and telephone interviews conducted by bi-lingual staff in the month of January, 2004. Inquiries of occupants concerned household size and composition, income, rental date, length and type of occupancy, ethnicity, language spoken, disabilities/health problems, and replacement housing preferences. The data on this Plan is based on the responses of 91 of the 92 households in the project area to these interviews. Additional information concerning residents was obtained from the mobile home park management. A sample of the Residential Interview Form is provided in Exhibit A to this Plan. Survey information supplied by Park residents has not been subject to verification. Confirmation of all information having a bearing on relocation eligibility will be obtained at such time as the relocation process commences. C. SURVEY RESULTS 1. General 91 of the. 92 resident households at the Park (99%) provided personal responses to interviewers. Among the 91 respondent households, there are a total of 326 individuals, 191 adults and 135 children. There are sixty-six (66) households with children and twenty-five (25) occupied solely by adults. Of the adults, there are eleven (11) senior households. The age range of C 14 0 4 4.. v senior occupants is 64 to 89. Two (2) of the 11 seniors are 80 years or older. Owner -occupants reside in their own coaches and pay a monthly space rent while tenants rent a mobile home from either the Park or an off -site owner. Monthly space rents for owner -occupants and tenants range from $300 to $450. 2. Occupancy/Overcrowding Among the 91 respondent households five (5) occupy recreational travel trailers, fifteen (15) occupy one -bedroom units, forty-five (45) occupy two - bedroom units, twenty-three (23) occupy three bedroom units and three (3) occupy 4 bedroom units. The average number of persons per household is four (4). The largest one bedroom household is 4 persons, the largest two bedroom household is 7 persons, the largest three bedroom household is 6 persons and the largest four bedroom household is 10 persons. Altogether based on typical housing standards, there are 8 overcrowded households in the park. 3. Replacement Housing Needs In general, replacement housing needs are expressed in terms of numbers of units needed by bedroom size and type of construction.' Bedroom size requirements are a function of current housing circumstances and the I See P. 15 for complete definition of Comparable Replacement Dwelling 7 necessity, if any, to increase housing size due to overcrowding. The statutory presumption is that displacees are expected, at a minimum, to be offered housing similar in size to their current accommodations and within Y their financial means. Coach age and condition along with availability of space in other reasonably comparable mobile home parks will determine whether any of the owner - occupied units can be relocated. Those owner -occupant households which occupy units that cannot be relocated will be eligible for payments to replace their residence and assist with any increase in space rent at the new facility. For the purpose of computing overall replacement housing needs and preparing the relocation assistance budget, it is assumed in this Plan that owner and tenant replacement housing needs will be met by reliance on available open market units and not through the relocation of currently occupied coaches. Table 3 below summarizes the replacement housing needs for owner - occupants and tenants. 4. Income All households rate below 120% of the recognized Median Income for the area by the U.S. Department of Housing and Urban Development (HUD) standards for Riverside County. See Table 4 below for HUD income limitations. 0 :-, 4W 0 Among the 91 respondent households, 23 qualify as Extremely Low income, 38 qualify as Very Low income, 24 qualify as Low income, 5 qualify as Median income and only 1 qualifies as above Median income. Rely Extremely Low Very Low Low Median Moderate 23 38 24 5 1 5. Ethnicity/Language Ethnicity among Park residents is 15% White (17), 78% Hispanic (72) and 3% Black (3). Spanish was the primary household language for all but 26 of the resident households. 6. Disabled Households One (1) household reported disabilities that might affect their choice of replacement housing. The nature and extent of the disability will be determined and accommodated, including the removal of barriers 9 mobility is impaired. 7. Preferred Relocation Areas With the exception of 9 households, Park residents all expressed the hope that they would be able to relocate within the City of La Quinta. 10 III. RELOCATION RESOURCES Replacement housing options for Park residents will include: 1) Available mobile home rental spaces in surrounding area mobile home parks; 2) Mobile homes for sale; 3) Rental housing including multi family units. A. RESOURCE SURVEY METHODS Replacement housing survey results reflect an eight week market analysis conducted during the months of January and February, 2004. The following sources were used in the survey: -Survey of classified listings in local newspapers -Drive through surveys of mobile home parks in La Quinta and adjacent communities -Discussions with real estate and property management companies specializing in rental housing and/or mobile home properties in the area. -The areas surveyed were selected based upon the needs and preferences of the displaced persons. Attention was given to assure that the replacement housing considered in this Plan offered close proximity to present employment, medical and recreational facilities, parks, shopping, transportation and schools. B. REPLACEMENT HOUSING AVAILABILITY Although the resource survey concentrated on mobile homes, many of the residents have the ability to use their relocation assistance in the purchase of conventional housing. For non -owner occupied units, referrals will also be made to both income restricted apartments and open market housing. There were a number of additional referrals available that were not included due to information not being available at the writing of the Plan as well as additional, superior referrals. Tables 6, 7 and 8 below provide a synopsis of the resource survey data. 1. Mobile Homes - For Sale A total of 67 mobile homes for sale were identified in parks located in La Quinta and around the Coachella Valley. Table 6 below shows available Mobile Homes for sale. Tar 6:s #teeidenial tbitelorrte Retocie►n`.es!0�rc Unitsequlyd vs. Ava�la�it c► Unite . Bdr Size Units Units Available Price Range Required Travel 5 10 $7,500- $11,000 Trailer 1 8 4 $13,000- $15,000 2 51 30 $15,000- $29,000 3 24 19 $20,000- $35,000 4 3 4 $36,000- $42,000 Table 6 only represents the units that were available between January 1 and February 29, 2004. During this period, mobile homes were placed on the market on a daily basis. Based on the number of units that were regularly placed on the market, it is anticipated that during the four month displacement period, a sufficient number of comparable, decent, safe and sanitary replacement mobile homes will become available in each bedroom size category. Sufficient replacement housing will therefore be able to be provided. 2. Rental Housing The search for available rental housing focused on the cities La Quinta and surrounding areas. The survey identified 5 rental units in the park. Rental mobile homes are not available in the immediate vicinity because of restrictions that require owner occupants. The Plan therefore concentrates on available apartments. Table 7 below shows available apartments for rent. . 12 3. Mobile Home Space Rentals Although restrictions regarding the age and condition of the mobile home units usually apply, the resource study located one park that allows older mobile units to be moved in, subject to verification of condition, regardless of the year built.Table 8 below shows mobile home lots available for rent. Lots Available I Park Restrictions 1 Space Rent 31 None $315.00 to $450.00 49 1976 or Newer $275.00 to $365.00 Restriction 4. Summary Given a 3-6 month displacement period, survey data indicates there will be more than adequate rental and for -sale housing units available as relocation resources for Park residents, both tenants and owner -occupants. For owner -occupants, particularly the more elderly and physically challenged, relocation to a senior facility may well be considered as an option. The lack of one and two -bedroom units on the market may result in the necessity to upgrade coach site in order to meet comparability standards. Some tenants, as suggested by their survey responses, may consider purchasing conventional housing. Information regarding first-time homebuyer and other housing programs will be provided. Individual preferences will be accounted for once the relocation process has begun and a relocation agent has had the opportunity to speak personally with each resident. C. RELATED ISSUES 1. Concurrent Residential Displacement Based on the needs of this development, no competing demands for similar residential units within the City of La Quinta is anticipated. There should be no adverse impact on meeting the replacement housing needs of the occupants to be displaced. 13 4W 1 2. Temporary Housing No need for temporary housing is anticipated. W. THE RELOCATION ASSISTANCE PROGRAM A. INTRODUCTION Relocation assistance program services will be provided by the Agency to those households, legally present, who are displaced by the Project. Households containing one or more United States citizens (by birth or naturalization) or one or more legally documented aliens shall be entitled to relocation assistance. These services are to be implemented pursuant to the California Relocation Assistance Law, Section 7260, et. seq. of the California Government Code and the guidelines of Title 25, Division 1, Chapter 6, Subchapter 1 of the California Code of Regulations (the Regulations). The relocation assistance program provides for both advisory and financial assistance. Determinations as to eligibility for assistance and benefits will be made on a case -by -case basis according to individual circumstances. and applicable statutory and regulatory criteria. B. RELOCATION ASSISTANCE ADVISORY PROGRAM A bi-lingual relocation consultant from Overland Pacific and Cutler is available to assist any displaced household or business having questions in regard to relocation and/or assistance in relocating. Staff may be contacted by calling, 760-776-1238, during the hours of 9:00 a.m. to 4:00 p.m., Monday through Friday. The relocation offices are located at: Overland Pacific and Cutler 41555 Cook Street, Suite 250 Palm Desert, CA 92260 A comprehensive relocation assistance program, with technical and advisory assistance, will be provided to the households being displaced. Close contact will be maintained with each displacee. The requirements of the relocation assistance advisory program will be: 1. To fully inform eligible persons as to the nature of and the procedures for obtaining relocation assistance and benefits; 2. To determine the needs of each displacee eligible for assistance; 3. To provide eligible displacee with an appropriate number of referrals to comparable, decent, safe and sanitary housing units within a reasonable time prior to displacement and ensure that no eligible occupant is required to move without a minimum of 90 days advance written notice; 4. To provide current and continuous information concerning comparable replacement housing opportunities; 5. To provide assistance that does not result in different, or separate treatment due to race, color, religion, national origin, sex, marital status or other arbitrary circumstances; 6. To supply information concerning federal and state housing programs and other governmental programs providing assistance to displaced persons; 7. To assist each eligible person complete applications for benefits; 8. To assist each eligible residential displacee obtain and move to a comparable replacement dwelling; 9. To make relocation benefit payments in accordance with all applicable state standards; 10. To inform all displaced persons of the Agency's policies with regard to eviction and property management; 11. To maintain an appeal procedure for use by displaced persons seeking administrative review of the Agency's decisions with respect to relocation assistance. All potential relocatees will be personally contacted for an initial interview by the Agency's relocation agent no later than 30 days following delivery of the Agency's first written offer to purchase the mobile home in which they reside. The purpose of this initial interview will be to gather information concerning the individual circumstances of each potential relocatee and to dispense and review a written informational brochure (see Exhibit B) that explains the Agency's residential relocation assistance program. Spanish language brochures will be furnished upon need. When the initial interview is completed and the required support data (income information, confirmation of occupancy, etc.) is submitted, each potential relocatee (tenants and owner - occupants) will be provided with a written Notice -of -Eligibility. The Notice -of -Eligibility will provide, at least one replacement housing referral and establish a maximum relocation assistance eligibility amount for the household addressed. The factors used to determine the maximum assistance amount will be described in the Notice -of -Eligibility and explained personally by the assigned relocation agent. Prior to relocation of residential occupants, every reasonable effort will be made to provide three comparable replacement housing referrals to displacees, pursuant to California Code of Regulations, Chapter 6, Section 6042(c). Referrals will be provided on a continual basis and transportation will be provided, if necessary, to inspect replacement sites within the local area. Generally, a comparable replacement dwelling must satisfy the following criteria: a. The unit is decent, safe and sanitary - electrical, plumbing and heating systems in good repair - no major, observable hazards or defects. The unit is comparable to the acquired dwelling with respect to number of rooms, habitable living space and type and quality of construction, but not lesser in rooms or living space as necessary to accommodate the displaced person; b. The unit is located in an area not subjected to unreasonable adverse environmental conditions from either natural, or man-made sources, and not generally less desirable with respect to public 'utilities, transportation, public and commercial facilities, including schools and municipal services and reasonably accessible to the displaced person's place of employment; c The unit is available both on the private market and to all persons regardless of race, color, sex, marital status, religion or, national origin; d. The monthly rental rate is within the financial means of the displaced residential tenant. Special assistance in the form of referrals to governmental, and non -governmental social service agencies will be made, 'if needed. Agencies to which referrals may be made include, but are not necessarily limited to the: • Federal Social Security Administration • The Fair Housing Council of Riverside County • Riverside County Health and Human Services Agency Every reasonable effort will be made to ensure that the relocation process occurs with a minimum of delay and hardship. C. RELOCATION BENEFITS Benefits will be paid to eligible displaced persons upon submission of required claim forms and documentation in accordance with Agency procedures. Specific eligibility requirements and benefit plans will be detailed on an individual basis with all displacees. In the course of personal interviews and follow-up visits, each household will be counseled as to available options and the consequences of any choice with respect to financial assistance. The Agency will consider advance partial payment requests meant to alleviate hardships for households without access to sufficient funds to pay rental move -in costs or open escrow accounts for the purchase of replacement dwellings. Responses to advance payment requests will be made expeditiouslyto help avoid the loss of desirable, appropriate replacement housing. 1. Residential Moving Expense Payments All residential occupants to be relocated will be eligible to receive payments for moving expenses, except as noted. Moving expense payments will be made based upon the actual cost of professional moves or fixed payments based on room counts. a. Actual Cost (Professional Move) Displacees may elect to receive moving expense payments for professional moving services based upon the lower of, at least, two acceptable bids from qualified movers. The actual cost of the moves will be paid directly by the Agency to the moving companies, at the request of the displacees. Transportation costs are limited to a distance of 50 miles, except where relocation beyond such distance is considered justified and is approved by the Agency. In addition to the actual move, costs associated with utility re -connections (i.e., gas, water, electricity, telephone, and cable, K any), are eligible for reimbursement. 17 rn -% r- b. Fixed Payment (Based on Room Count Schedule) Displacees may elect to receive fixed payments for moving expenses based on room counts in the displacement dwellings. Displacees who elect to receive fixed moving payments take full financial responsibility for the moves and all utility connection expenses. The current schedule, as established by the Federal Highway Administration and maintained by the California Department of Transportation, for fixed moving payments is set forth in Table 9 following: Tatifa . Sch+ed ule ©f Fixed Mflvi ag Payments Unfurnished Dwelling One room $575 Two rooms $750 Three rooms $925 Four rooms $1,100 Five rooms $1,325 Six rooms $1,550 Seven rooms $1,775 Eight rooms $2,000 each additional room $200 Furnished Dwelling First Room $375 Each additional room $60 2. Rental Assistance To 90-Day Residential Tenants Who Re -Rent Residential tenants who have established their residency for a minimum of 90 days prior to the Agency's purchase offer on the property where they reside, and who choose to re -rent, may be eligible to receive rental assistance payments in addition to moving expense payments. Pursuant to California Relocation Law, Rental Assistance Payments are limited to a maximum of $5,250, based upon the monthly housing need over a 42-month period. Table 10, following, shows how monthly need is determined: 18 1 1. Old Rent 1 $430 1 Old Rent, plus Utility Allowance I o r, 2. Ability to Pay $445 30% of the Gross Household Income* 3. Lesser of lines 1 or $430 Subtracted From: 4. Actual New Rent $575 Actual New Rent including Utility Allowance or, 5. Comparable Rent $550 Includes Utility Allowance 6. Lesser of lines 4 or 5 $550 7. Yitdisar#hE $105 Subtract line 3 from line 6 $4,410 1 Multiply line 7 by 42 months * Gross income means the total annual income of an individual less the toiiowing: (i) a aeouction or )ouu.uu for each dependent in excess of three; (2) a deduction of 10% of total income for the elderly or disabled head of household; (3) a deduction for recurring extraordinary medical expenses defined for this purpose to mean medical expenses in excess of 3% of total income, where not compensated for, or covered by insurance or other sources; (4) a deduction of reasonable amounts paid for the care of children or sick or incapacitated family members when determined to be necessary to employment of the head of household or spouse, except that the amount deducted shall not exceed the amount of income received by the person who would not otherwise be able to seek employment in the absence of such care. 3. Down Payment Assistance To 90-Day Tenants Who Choose to Purchase Residential tenants who are otherwise eligible to receive a rental assistance payment as described above, may choose to utilize up to the full amount of this payment to purchase a home. The Agency will arrange to deposit in an escrow account, the total rental assistance payment for which a tenant qualifies, provided that the entire amount is used for the down payment and eligible, incidental costs associated with the purchase of a replacement home. Provision shall be made in the accompanying escrow instructions for the return of Agency funds in the event escrow should fail to close within a reasonable period of time. 4.. Replacement Housing Payments to Owner -Occupants Residential owner -occupants who have occupied the dwelling from which they are to be displaced (the displacement dwelling) for at least 180 days prior to the 19 purchase offer will be eligible for a replacement housing payment of up to $22,500. The replacement housing payment available to owner -occupants is the sum of three possible compensation elements: a) purchase price differential; b) mortgage interest differential; and, c) incidental expenses. a. Purchase Price Differential The purchase price differential is the dollar difference between the final acquisition price paid by the Agency for the displacement dwelling and the lesser of: 1) the cost of the actual replacement dwelling; or 2) the cost of a comparable replacement dwelling. The maximum purchase price differential amount is the difference between the final acquisition price of the displacement dwelling and the cost of a comparable replacement dwelling. Table 11, below, illustrates four possible purchase price differential calculations. Table 11: Calculation of a Purchase Price Differential Amount Variables Example 1 Example 2 Example 3 Example 4 Final Acquisition Price $10,000 $10,000 $10,000 $10,000 Cost of Actual Replacement Dwelling $25,000 $50,000 $20,000 $10,000 Cost of Comparable Replacement Dwelling $25,000 $25,000 $25,000 $25,000 Purchase Price Differential Amount $15,000 $15,000 $10,000 $0 Example 1 - The cost of the actual replacement dwelling and the cost of the comparable replacement dwelling exceed the final acquisition price of the displacement dwelling by the same amount. Example 2 - The cost of the actual replacement dwelling exceeds the final acquisition price of the displacement dwelling and the cost of the comparable replacement dwelling. Example 3 - The cost of the actual replacement dwelling exceeds the final acquisition price of the displacement dwelling, but is less than the cost of the comparable replacement dwelling. Example 4 - The cost of the actual replacement dwelling does not exceed the final acquisition price of the displacement dwelling. 20 n 8 263 b. Mortgage Interest Differential The mortgage interest differential payment provides compensation to owner - occupants for a loss of favorable financing. Calculation of the payment reflects the "present value" of the additional costs required to finance the purchase of a replacement dwelling when the interest rate for a new loan exceeds the present rate of the existing loan on the displacement dwelling. The payment calculation is based on the lesser of: 1) the loan balance and/or term of the loan on the displacement dwelling; or, 2) the new loan amount and/or term of the loan on the replacement dwelling. To be eligible, the loan on the displacement. dwelling must have been a valid lien on title for at least 180 days prior to the Agency's purchase offer. c. Incidental Expenses Compensable incidental expenses include, but are not necessarily limited to the following: legal, closing, and related costs including title search, preparing conveyance contracts, notary fees, surveys, preparing drawings or plats, and charges paid incident to recordation; lender, FHA, VA or similar appraisal costs; FHA or VA or similar application fee; cost for certification of structural soundness; credit reportcharges; charge for owner's and mortgagee's evidence or assurance of title; escrow agent's fee; and sales -or transfer taxes. Payment for any such expenses shall not exceed the amount attributable to the purchase of a comparable replacement dwelling. Such expenses shall be reasonable and legally required or customary in the community. d. Owner -Occupant "pad rents" Owner -Occupants of the mobile homes will be eligible for Rental Assistance to d cover "pad rent" differential, in addition to moving and Replacement Housing Payments. 5. Payments To Non -Tenured Residential Tenants Residential tenants who have lawfully and continuously occupied a displacement dwelling for less than 90 days prior to the Agency's purchase offer will be eligible to receive payment for their moving expenses only, in accordance with Section IV. C.1. 21 41 D. GENERAL INFORMATION ON PAYMENT OF RELOCATION BENEFITS To qualify for relocation assistance benefits, a residential displacee must occupy an appropriate replacement dwelling within one year from the later of the following dates: 1) the date the claimant moves from the acquired property; 2) the date final payment for the property is received or, in the case of condemnation, the date the estimated just compensation is deposited in court, or; 3) the date of the first referral to a comparable, replacement dwelling. The procedure for the preparation and filing of claims and the processing and delivery of payments will be as follows: 1. Claimants shall provide all necessary documentation to substantiate eligibility for assistance to the Agency's relocation consultant. 2. Recommended assistance amounts will be determined by the Agency's relocation consultant in accordance with relocation law. 3. Required claim forms will be prepared by the Agency's relocation consultant for claimants' signature. 4. Claims will be submitted by the Agency's relocation consultant for review, approval, and payment by the Agency. 5. Benefit checks will be delivered to the Agency's relocation consultant for distribution to claimants. 6. Final payments to residential claimants will be issued within a reasonable time only after confirmation that the acquired premises have been completely vacated and residency at the replacement unit is verified. 7. Receipt of payments will be obtained and archived by the Agency's relocation consultant in individual relocation case files. Relocation assistance claimants have up to 18 months from the later of the following dates to file claims for benefits: a) the date final payment for the property is received, or b) the date the claimant moves from the property. 22 30 4. f E. LAST RESORT HOUSING Residential displacees are considered for supplementary benefits in the form of last resort housing assistance when the computed total of their replacement housing assistance eligibility exceeds $5,250 in the case of tenant -occupants, $22,500 for owner -occupants, or when a tenant or owner -occupant does not meet applicable occupancy requirements. Household income will be the only basis for determining last resort housing rental assistance benefits for non -tenured residential tenants (those who have occupied the property for less than 90 days prior to the Agency's purchase offer). Recipients must meet the basic eligibility requirements applied to other displacees. All standard claim processing procedures will be applied to last resort housing payments, including lump sum disbursement of approved benefits. The Agency may approve, at its discretion., alternative methods for providing last resort housing assistance on a case -by -case basis, including, but not limited to, minor repairs to, rehabilitation of, and/or additions to an existing replacement dwelling, including the removal of barriers to the handicapped, as may be necessary. F. RELOCATION TAX CONSEQUENCES In general, relocation payments are not considered income for the purpose of the Internal Revenue Code of 1968, or the Personal Income Tax Law, Part 10 of the Revenue and Taxation Code. Notwithstanding these provisions, recipients of relocation assistance benefits will be advised to consult with the appropriate tax authorities or personal tax advisors concerning the tax consequences of any relocation payment. V. ADMINISTRATIVE POLICIES, PROJECT TIMING AND BUDGET A. APPEAL PROCEDURE The Agency's Relocation Assistance Program Appeal Procedure follows the standards described in Article 5, Section 6150 et seq., Title 25, Chapter 6, of the California Department of Housing and Community Development Program guidelines. Briefly stated, all residential and business displacees have the right to ask for administrative review when they believe themselves aggrieved by a determination as to eligibility; the amount of a relocation payment; the failure, by the 23 Agency, to provide comparable replacement housing referrals; or, the Agency's property management practices. B. EVICTION/TERMINATION POLICY Under the State of California guidelines, eviction by the Agency is permissible only as a last alternative. With the exception of persons considered to be in unlawful occupancy, a displaced person's eviction does not affect eligibility for relocation assistance and benefits. The following eviction policy shall apply to all residential and occupants who will be displaced by the Project and who remain on the property as tenants of the Agency after the property is acquired: 1. Eviction by the Agency will be undertaken only for one, or more of the following infractions: a. Failure by tenant to pay rent, except in those cases where the failure to pay is due to the Agency's failure to keep the premises in habitable condition or is the result of harassment or retaliatory action; b. Performance by tenant of a dangerous, and/or illegal act at the premises; C. A material breach of the rental agreement by tenant and failure upon notification, to correct said breach within 30 days of such notice; d. Maintenance of a nuisance by tenant, and failure to abate such nuisance upon notification within a reasonable time following notice; e. Refusal by tenant to accept one of a reasonable number of offers of replacement dwellings; and/or, f. A requirement under State or local law, or emergency circumstances that cannot be prevented by reasonable efforts on the part of the Agency. 24 32 2. With the exception of a person considered to be in "unlawful occupancy" (See CCR 6008 [v]), a displaced person's eviction will not affect eligibility for relocation assistance and benefits. This eviction policy does not prevent the Agency from lawfully terminating tenancies on Agency- owned property. C. CITIZEN PARTICIPATION This Plan will be provided to each household and will be made available to the public for the mandatory 30 day review period. Comments to this Plan will be included as a Plan addendum prior to submission for approval before the Agency. A copy of the approved Plan will be forwarded to the California Department of Housing and Community Development (HCD). Section 6012 (Citizen Participation) of the California Code of Regulations, Title 25, Chapter 6, will be adhered to in both the spirit and letter of the law by the Agency and Overland Pacific and Cutler in implementing the Relocation Program. The Agency will ensure the following: 1. Full and timely access to documents relevant to the relocation program; 2. The provision of technical assistance necessary to interpret elements of the relocation plan and other pertinent materials; 3. Copies of this Plan shall be made available for public review by Park residents and other interested parties no less than thirty (30) days prior to the date the Plan is scheduled to be considered for approval by the Agency. The Agency will receive comments from displacees, and other interested persons regarding this Relocation Plan. 25 33 Comments should be sent to: Frank Spevacek c/o The City of La Quinta Community Development Department 78495 Calle Tampico La Quinta, CA 92253 4. A general notice of this Plan shall be provided to all displacees of the proposed Project. This Plan shall be made available for circulation for information and review by interested citizen groups, state and county agencies, and all persons affected by the Project; 5. The right to submit written or oral comments and objections, including the right to submit written comments regarding the Relocation Plan and to have these comments attached to the Plan when it is forwarded to the Agency for approval; 6. Upon completion of all reviews, the Plan will be presented for adoption by the agency. D. PROJECTED DATE OF DISPLACEMENT The projected date for implementing and concluding the relocation process is anticipated to be from April 1 through June 30 2004. E. ESTIMATED PARK CLOSURE RELOCATION COSTS The City of La Quinta Redevelopment Agency proposes using low and moderate income housing funds. Estimated relocation assistance and moving expenses associated with the Park Closure are: ($3.3 MILLION DOLLARS) 26 34 27 35 � EXHIBIT A: RESIDENTIAL INTERVIEW FORM. I 36 OVERLAND, PACIFIC & CUTLER, INC.- RESIDENTIAL INTERVIEW FORM CASE ID: PROJECT: AGENCY: CONSULTANT: OCCUPANT INFORMATION: DWELLING: MAJOR EVENTS: Claimant(s): Park Movewin Date: Number of Bediooms: Unit Move -in Date: Number of Bathiooms: Space #: First Offer: MOBILE HOME: Initiallntervtew. Size: it x ft UTILITIES PAID BY: Home Phone: (L_ • Year: Model: Gas: ❑ Tenant O Owner Work Phone: Pad Rent: $ Electric: O Tenant O Owner Social Sec. #: Tenant Monthly Rent $ Water: ❑ Tenant ❑ Owner OCCUPANCY STATUS: ❑ Rent O Lease ❑ Mortgage ❑ Own (Clear) O Have title to the Mobile Home MOBILE HOME TYPE: ❑ Single -Wide O Double -wide ❑ Storage Shed ❑ Other ETHNICITY: ❑ White ❑ Hispanic O Black O Asian O Other: PRIMARY LANGUAGE: ❑ English ❑ Spanish ❑ Other: OCCUPANT INFORMATION: PROPERTY/LOAN INFO (IF --HOMEOWNER): ❑ Elderly Household O Handicapped Household Loan Type: O Fixed ❑ Variable ❑ Other ❑ Housing Assistance: $ O Willing to Relocate from Community Principal Left: $ or Section 8? Yes No Date Loan Obtained: Area/Unit Preference: mlll�. , . , . NAME (FIRST, LAST) SEX AGE MONTHLY INCOME ' Name of Company a occupation 1 M F $ 2 M F $ 3 M F $ 11 M F $ 12 M F $ Income from other sources: NOTES: wroo 37 EXHIBIT B: INFORMATION STATEMENT FOR FAMILIES AND INDIVIDUALS i' 38 INFORMATIONAL STATEMENT FOR FAMILIES AND INDIVIDUALS I. GENERAL INFORMATION II. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING III. MOVING BENEFITS IV. REPLACEMENT HOUSING PAYMENT - TENANTS AND CERTAIN OTHERS V. REPLACEMENT HOUSING PAYMENT - HOMEOWNERS VI. QUALIFICATION FOR AND FILING OF RELOCATION CLAIMS Vil. LAST RESORT HOUSING ASSISTANCE Vill. RENTAL AGREEMENT IX. APPEAL PROCEDURES -GRIEVANCE X. TAX STATUS OF RELOCATION BENEFITS Xi. ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE GENERAL INFORMATION The dwelling in which you now live is in an area to be improved by the City of La Quints, Redevelopment Agency (the "Agency"). As the project schedule proceeds, it will be necessaryfor you to move from your dwelling. This is not a notice to vacate and, does not establish eligibilityfor relocation payments, or other relocation assistance. You will be notified in a timely manner as to the date by which you must move. Please read this information as it will be helpful to you in determining your eligibility and the amount of your relocation benefits under the federal and/or state law. We suggest you save this informational statement for reference. SPANISH SPEAKING REPRESENTATIVES ARE AVAILABLE. SI NECESITA ESTA INFORMAC16N EN ESPAROL, POR FAVOR LLAME A SU REPRESENTANTE. PLEASE DO NOT MOVE PREMATURELY. THIS IS NOT A NOTICE TO VACATE YOUR DWELLING. However, if you desire to move sooner than required, you must contact the Agency's relocation consultant so you will not jeopardize any benefits. This is a general informational brochure only, and is not intended to give a detalled description of either the law or regulations pertaining to the Agency's relocation assistance program. II. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING The Agency, through its relocation consultants, will assist you in locating a comparable replacement dwelling by providing referrals to appropriate and available housing units. You are encouraged to actively seek such housing yourself. When a suitable replacement dwelling unit has been found, the Agency's relocation consultant will carry out an inspection and advise you as to whether the dwelling unit meets decent, safe and sanitary housing requirements. A decent, safe and sanitary housing unit provides adequate space for Its occupants, proper weatherproofing and sound heating, electrical and plumbing systems. Your new dwelling must pass Inspection before relocation assistance payments can be authorized. III. MOVING BENEFITS If you must move as a result of displacement by the Agency, you will receive a payment to assist in moving your personal property. There are two types of moving payments. You have the option of selecting either one of the following types of moving payments: A. Fixed Moving Payment A fixed moving payment is based upon the number of rooms you occupy and whether or not you own your own furniture. The payment is based upon a schedule approved by the Agency, and ranges, for example, from $375 for one furnished room to $2,000 for eight rooms in an unfurnished dwelling. (For details see the table below). The Agency's relocation consultant will inform you of the amount you are eligible to receive if you choose this type of payment. 39 Occupant owns furniture I Occupant does NOT own furniture I room $575.00 1 room $375.00 2 rooms $750.00 each additional room $60.00 3 rooms $925.00 4 rooms $1,100.00 5 rooms $1,325.00 6 rooms $1,550.00 7 rooms $1,775.00 8 rooms $2,000.00 each additional room $200.00 If you select a fixed payment, you will be responsible for arranging for your own move and the Agency will assume no liability for any loss or damage of your personal property. B. Actual Moving Expense (Professional Move) If you wish to engage the services of a licensed commercial mover and have the Agency pay the bill, you may claim the ACTUAL cost of moving your personal property up to 50 miles. The Agency's relocation consultant will Inform you of the number of competitive moving bids (if any) which may be required, and assist you in developing a scope of services for Agency approval. IV. REPLACEMENT HOUSING PAYMENT - TENANTS AND CERTAIN OTHERS You may be eligible for a payment of up to $5,250 to assist you in renting, or purchasing a comparable replacement dwelling. In order to qualify, you must either be a tenant who has occupied your present dwelling for a least 90 days prior to the Agencys written offer to purchase the property or, an owner who has occupied your dwelling for between 90 and 180 days prior to the Agency's purchase offer. A. Rental Assistance. If you qualify, and wish to rent a replacement dwelling, your rental assistance benefits will be based upon the difference over a 42-month period between the rent you must pay for a comparable replacement dwelling and the lesser of your current rent or thirty percent (306M of your gross monthly household income. You will be required to provide the Agency's relocation consultant with monthly rent and household income verification prior to the determination of your eligibility for this payment. -OR- B. Down -payment Assistance. If you aualifv; and wish to purchase a home as a replacement dwelling, you can apply up to the total amount of your rental assistance payment towards the down -payment and non -recurring incidental expenses. The Agency's relocation consultant will clarify procedures necessary to apply for this payment. V. REPLACEMENT HOUSING PAYMENT - HOMEOWNERS A. If you owned and occupied a dwelling, purchased by the Agency, for at least 180 days prior to the Agency's purchase offer for the property, you may be eligible to receive a payment of up to $22,500 to assist you in purchasing a comparable replacement unit. If you owned and occupied the displacement dwelling for at least 90 days but not mops than 180 days immediately prior to the date of the Agency's purchase offer, you may be eligible for a payment of up to $5,250. The housing replacement payment is intended to cover the following items: 1. Purchase Price Differential -An amountwhich, when added to the amount forwhich the Agency purchased your property, equals the lesser of the actual cost of your replacement dwelling; or the amount determined by the Agency as necessary to purchase a comparable replacement dwelling. The Agency's relocation consultant will explain both methods to you. 2. Mortgage Interest Differential -The amount which covers the increased interest costs, If any, required to finance a replacement dwelling. The Agency's relocation consultant will explain limiting conditions. 3. Incidental Expenses - Those one time costs incidental to purchasing a replacement unit, such as escrow fees, recording fees, and credit report fees. Recurring expenses such as prepaid taxes and insurance premiums are not compensabie. B. Rental Assistance Option -If you are an owner -occupant and choose to rent rather than purchase a replacement dwelling, you may be eligible for a rental assistance payment of up to $5,250. The payment will be based on the difference between the fair market rent of the dwelling you occupy and the rent you must pay for a comparable replacement dwelling. If you receive a rental assistance payment, as described above, and later decide to purchase a replacement dwelling, you may apply for a payment equal to the amount you would have received If you had Initially purchased a comparable GL replacement dwelling, less the amount you have already received as a rental assistance payment. VI. QUALIFICATION FOR, AND FILING OF RELOCATION CLAIMS To qualifyfor a replacement housing payment, you must rent or purchase and occupy a comparable replacement unit within one year from the later of the following: A. For a tenant, the date you move from the displacement dwelling B. For an owner -occupant, the date you receive final payment for the displacement dwelling, or, in the case of condemnation, the date the full amount of estimated just compensation Is deposited in court, or C. The date the Agency fulfills its obligation to make available comparable replacement dwellings. All claims for relocation benefits must be filed with the Agencywithin 18 months from the date on which you receivefinal payment for your property, or the date on which you move, whichever is later. VII. LAST RESORT HOUSING ASSISTANCE If comparable replacement dwellings are not available when you are required to move, or if replacement housing is not available within the monetary limits described above, the Agency may provide last resort housing assistance to enable you to rent or purchase a replacement dwelling on a timely basis. Last resort housing assistance is based on the individual circumstances of the displaced person. The Agency's relocation consultant will explain the process for determining whether or not you qualify for last resort housing assistance. If you are a tenant, and you choose to purchase rather than rent a comparable replacement dwelling, the entire amount of your rental assistance and last resort housing eligibility must be applied toward the down -payment of the home you intend to purchase. Vlll. RENTAL AGREEMENT As a result of the Agency's action to purchase the property where you live, you may become a tenant of the Agency for some period of time. If this occurs, you will be asked to sign a rental agreement which will specify the monthly rent to be paid, when rent payments are due, where they are to be paid and other pertinent information. Except for the causes of eviction set forth below, no person lawfully occupying property to be purchased by the Agency will be required to move without having been provided at least 90 days written notice from the Agency. Eviction will be undertaken only In the event of one, or more of the following infractions: A. Failure by tenant to pay rent, except in those cases where the failure to pay is due to the Agency's failure to keep the premises in habitable condition or is the result of harassment or retaliatory action; B. Performance by tenant of dangerous and/or illegal act at the premises; C. Material breach of the rental agreement by tenant, and failure to correct breach within 30 days of notice; D. Maintenance of a nuisance by tenant, and failure to abate within a reasonable time following notice; E. Refusal of tenant to accept one of a reasonable number of offers of replacement dwellings; and/or F. A requirement under State or local law, or emergency circumstances that cannot be prevented by reasonable efforts on the part of the Agency. IX. APPEAL PROCEDURES -GRIEVANCE Any person aggrieved by a determination as to eligibility for a relocation payment, or the amount of a payment, may have his/her claim reviewed or reconsidered In accordance with the Agencys Relocation Assistance Program Appeal Procedure. Complete details on the Appeal Procedure are available upon request from the Agency. X. TAX STATUS OF RELOCATION BENEFITS Relocation benefit payments are not considered as income for the purpose of the Internal Revenue Code of 1986 or the Personal Income Tax Law, Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax law, Part 11(commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. Nevertheless, you should consult with a personal tax adviser for the most recent Interpretation of tax law. XI. ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE The Agency hopes to assist you in every way possible to minimize the hardships involved in relocating to a new home by providing you with relocation assistance. Your cooperation will be helpful and greatly appreciated. If you have any questions at any time during the process, please do not hesitate to contact the Agency's relocation consultant. 1p ATTACHWNT 2 PLAN DE TRASLADO (PRELIMINAR) Para el Proyecto del Estacionamiento de Casas Mo'viles Vista Dunes MARzo 1, 2004 PREPARADO PARA: LA CIUDAD. DE LA QUINTA POR: OVERLAND PACIFIC & CUTLER INC. 41-555 COOK STREET, SUITE 250 PALM DESERT, CA 92260 4 IV INTRODUCC16N.................................................................... 1 I. DESCRIPCION DEL PROYECTO .......... ......... .............................. 3 A. LA UBICACION REGIONAL DEL PROYECTO .................................... 3 B. LA UBICACION DEL SITIO DEL PROYECTO..................................... 4 C. INFORMACION DEMOGRAFICA .............................................. 5 1. Poblacibn........................................................... 5 2. Origen Etnico........................................................ 5 II. EVALUACION DE LAS NECESIDADES DE TRASLADO..................:............... 6 A. El IMPACTO DEL PROYECTO................................................ 6 B. ALCANCE DE LA ENCUESTA Y METODOLOGiA................................ 6 C. RESULTADOS DE LA ENCUESTA............................................. 6 1. Informacion General .................................................. 6 2. Limite de Ocupantes por Vivienda....................................... 8 3. Ne ces idad es d e Vivie nda de R eem plazo.................................. 8 4. Ingresos............................................................ 9 5. Origen ttnico/Lenguaje ........................... ....... ........... 11 6. Hogares con Personas Discapacitedas .................................. 11 7. Areas Preferidas pars Trasladarse...................................... 11 III. RECURSOS PARA EL TRASLADO ............................................... 12 A. MtTODOS DE ENCUESTA DE RECURSOS .................................... 12 B. DISPONIBILIDAD DE VIVIENDAS DE REEMPLAZO ................ 12 1. Cases Mdviles- De Vents ................................................ 12 2. Viviendas de Rents ..................................................... 13 3. Resumen............................................................. 14 C. CUESTIONES RELACIONADAS................................ 15 1. Desplazamientos Residenciales Simultaneos..................................15 2. Viviendas Temporales....................................................16 IV. PROGRAMA DE ASISTENCIA DE TRASLADO........................................ 16 A. INTRODUCC16N......................................................... 16 B. PROGRAMA DE ASESORAMIENTO DE TRASLADO ............................. 16 C. BENEFICIOS DE TRASLADO............................................... 19 1. Pagos por Gastos de Mudanza Residencial.................................. 20 2. Ayuda con el Pago de Is Rents Para Los Inquilinos Con 90 Dias o Mas de Residencis . . y que Volveren a Renter .................................... 23 3. Ayuds Para el enganche a. Los Inquilinos Residentes por 90 Dias que Eligen Comprar 23 4. Pagos Para Reemplazo de Vivienda Para Duenos que Ocupan Su Propieded ......... 5. Pagos a Inquilinos Sin Tenencia................................. 25 D. INFORMAC16N GENERAL ACERCA DE LOS PAGOS POR BENEFICIOS DE TRASLADO............................................................. 22 E. VIVIENDAS DE ULTIMO RECURSO ....................... 27 F. IMPLICACIONES EN LOS IMPUESTOS POR EL TRASLADO ...................... 27 V. REGLAMENTOS ADM INISTRATIVOS, AGENDA Y PRESUPUESTO ...................... 28 A. PROCEDIMIENTOS DE APELACION.......................................... 28 B. PROCEDIMIENTOS DE DESALOJO..................................... .... 28 C. PARTICIPAC16N DEL CIUDADANO .......................................... 29 D. LA FECHA PROPUESTA PARA EL DESPLAZAMIENTO ........................... 30 E. LOS COSTOS ESTIMADOS DEL CIERRE DEL ESTACIONAMIENTO ................ 30 44 INTRODUCCION La Agencia para el Desarrollo de la ciudad de La Quinta ( la "Agencia"), ha estado activamente implementando iniciativas de viviendas a bajo costo desde 1991. Estas iniciativas abarcan has hipotecas silenciosas (silent -second mortgages) de financiamiento y programas de rehabilitacibn residenciales, y la adquisicibn de residencias a bajo costo en proyectos privados. La Agencia esta en el procedimiento de adquirir el estacionamiento de viviendas mbviles, Vista Dunes Mobile Park (el "estacionamiento") localizado en el 78-990 Miles Avenue, La Quinta, CA. En el estacionamiento se construiran 82 unidades de bajos ingresos. Actualmente el estacionamiento esta ocupado por 93 casas moviles, 5 de las cuales son ocupadas por inquilinos, 1 esta vacante y 86 son ocupadas por sus propios duenos. Ademas, el estacionamiento cuenta con un negocio de lavanderia. Este plan trata unicamente el desplazamiento residencial, y por to tanto, el use comercial no sera considerado en mayor detalle dentro del mismo, pero los duenos del negocio recibiran asesoria sobre la asistencia de traslado y su elegibilidad para tales beneficios. Para poder evaluar las presentes circunstancias y necesidades de nuevas viviendas de los ocupantes residenciales que seran permanentemente desplazadas por el Proyecto, la Agencia ha contratado a Overland, Pack & Cutler, (OPC), una empresa profesional de traslado, para que prepare y acomode el Plan de Traslado (el "Plan"), asi como la administracibn del Programa de Asistencia de Traslado. El Plan provee los resultados de la encuesta para evaluar las necesidades de los ocupantes residenciales. Este plan tambien presenta los reglamentos y procedimientos que son necesarios para conformarse con los estatutos y reglamentos establecidos por la Directrices de Traslado de California y la Adquisicion de Bienes Inmuebles, Titulo 2 del Cbdigo de Reglamentos de California, Capitulo 6, Section 6000 y to que sigue a continuaci6n. ( Las "Directrices"), el Cbdigo, los Reglamentos, y los Procedimientos son adoptados por la Agencia para el Desarrollo de la Ciudad de La Quinta.. Este Plan de Traslado cumple con El Elemento de Vivienda del Plan General de la Ciudad de La Quinta. Section 1: Descripciones generates y especificas del area del proyecto y los detalles demogreficos del area Section 2: Informacibn sobre la encuesta acerca de las caracteristicas demogr6ficas y presentes circunstancias de los residentes del Estacionamiento y sus necesidades de traslado Section 3: Una evaluacibn sobre la disponibilidad de viviendas de reemplazo comparable dentro de la Ciudad de La Quinta y sus comunidades circundantes K 4J r- J Section 4: El proceso que la agencia utilizara para asegurar un programa de traslado justo y equitativo Section 5: Una explicaci6n de como el proyecto es compatible con to requerido por el C6digo de la Ciudad de La Quinta y el C6digo del Gobierno Este Plan no es un aviso para desalojar y tampoco esta estableciendo la elegibilidad para obtener ayuda de traslado. Los inquilinos que se muden antes de ser avisados de su elegibilidad Para recibir beneficios de ayuda de traslado o fallen en cumplir con su contrato de renta pudieran arriesgar su derecho a reclamar los beneficios de ayuda de traslado 3 46 056 DESCRIPCION DEL PROYECTO A. LA UBICACION REGIONAL DEL PROYECTO La Ciudad de La Quinta esta localizada en el Condado de Riverside, California. (Ver Mapa 1: Localidad Regional del Proyecto) Mapa 1: Ubicacion Regional del Proyecto 4 4'7 08 B. LA UBICACION DEL SITIO DEL PROYECTO El sitio del proyecto esta localizado en el lado norte de la Avenida Miles, al oeste de la Calle Adams. (Ver Mapa 2. Localidad del Sitio del Proyecto). 1000 !t Mapa 2: Ubicacion del Sitio del Proyecto 5 48 C. INFORMACON DEMOGRAFICA 1. Poblacion El Censo del Ano 2000 de Estados Unidos Ilevado a cabo cada decenio {el Censo) muestra una Poblacion total de 23, 694 personas, 8,445 hogares, y 6,553 familias residiendo en la ciudad. 2. Origen knico De acuerdo con el Censo, la mezcla etnica en el tema del Tratado del Censo era aproximadamente 62.90% `raza blanca',1.20% Afro Americanos, 0.40% Indio Americano y Nativos de Alaska; 0.10 % Nativos de Hawaii y otros islenos del Pacifico, y 1.70% de otras dos o mas razas, 32.00% de la Poblacion son Hispanos o Latinos de cualquier raza. Fuente: Oficina del Censo de Estados Unidos, Ano 2000. (Ver Tabla 1., abajo) Tabla 1: INFORMAC16N del Censo del Ano 2000 (de cada decen o)-Etnia Proyecto Vista Dunes Mobile, 'La Quinta, CA POBLACION - 2000 23,694 100% Raza Blanca. 14,893 62.90% Otras Razas 11 0.00% Dos o Mas Razas 395 1.70% Negros o Afro Americanos 296 1.20% Asiaticos 401 1.70% Indios Americanos o Nativos de Alaska 95 0.40% Nativos de Hawaii u Otros Islenos del Pacifico 19 .0.10% His anos o Latinos de cual uier Raza 7 584 32.000/6 2 49 q.8 9 41- II.:EVALUACION DE LAS NECESIDADES ,DE TRASLADO A. El IMPACTO DEL PROYECTO El cierre del Estacionamiento resultara en el desplazamiento permanente de 93 unidades de casas m6viles. Aparte "de una unidad vacante, 'hay '92 hogares residenciales. Cinco (5) de las 92 unidades de hogares residenciales estan ocupados por inquilinos, uno (1) esta vacante y ochenta y siete (87) estcin ocupadas por sus duenos. El estacionamiento contiene una mezcla de personas mayores de edad y familias con un promedio de un poco mas de 7 anos de residir en el Lugar. B. ALCANCE DEL LA ENCUESTA Y METODOLOGIA La informaci6n necesaria para la preparaci6n de este Plan fue obtenida principalmente a trav6s de las entrevistas que se Ilevaron a cabo de puerta en puerta y que fue'ron conducidas por empleados bilingues durante el mes de Enero de 2004. Las preguntas fueron acerca del tamano y composici6n del hogar, ingreso, fecha en que empezaron a rentar, la cantidad de tiempo y tipo de ocupaci6n, etnia, y el lenguaje que se habla en el hogar. La informaci6n de este Plan esta basado en las respuestas de 91 de los 92 hogares del area del proyecto a estas entrevista personates. Informaci6n adicional concerniente a los residentes fue obtenida de -la oficina del Director del Estacionamiento de casas m6viles. Una muestra de la Forma de Entrevista Residencial se provee en el Anexo A de este Plan La informaci6n de la encuesta proporcionada por los residentes del Estacionamiento no ha estado sujeta a verificaci6n. La confirmaci6n de toda la informaci6n que afecte la elegibilidad de traslado sera obtenida al tiempo cuandoel proceso mismo de traslado de comienzo C. RESULTADOS DE LA ENCUESTA 1. Informacion General 91 de los 92 de los hogares residenciales del Estacionamiento (99%) suministraron informaci6n personal a los entrevistadores. Entre los 91 hogares que. respondieron se encuentran un total de 326 individuos, 191 adultos y 135 ninos. Existen sesenta y seis (66) hogares con ninos y veinticinco (25) hogares ocupados exclusivamente por adultos. De los adultos, hay once (11) que son hogares de personas mayores de edad el promediode edadtie las 7 50 -�q 1)..; .o personas mayores de edad es entre 64 y 89 anos. Dos (2) de ias once personas rhayores de edad tienen 80 anos o mas de edad. Los duenos que viven en su propia casa mdvil pagan una rents mensual por ei espacio que ocupan mientras que los inquilinos rentan una Casa m6vil de el Estacionamiento o bien de aiguien que no vive en ese sitio. La rents mensual para los duenos que ocupan su propiedad y los inquilinos es entre $300 y $490. Tabla 2: Distribuc on. of Duer-os a lnquilinos Duenos que residen en su propiedad lnquilinos Mayores de Had 9 2 Adultos (No Mayores de Edad) 14 0 Adultos (No Mayores de Edad) con Ninos 63 3 Totales 86 5 8 J .1 6Y 2. Limites de Ocu.pantes por Vivienda Entre los 91 hogares que respondieron, veinte . (20) ocupan unidades de un dormitorio, cuarenta y cinco (45) ocupan unidades de dos dormitorios, veintitr,6s ocupan unidades de tres dormitorios y tres (3) ocupan unidades de 4 dormitorios. El numero promedio de personas por hogar es de 4. El hogar de un dormitorio con el mayor numero mayor de habitantes cuenta con 4 personas, el hogar de dos dormitorios con el mayor numero mayor de habitantes cuenta con 7 personas, el hogar de tres dormitorios con el mayor numero mayor de habitantes cuenta con 6 personas y el hogar de cuatro dormitorios con el mayor numero mayor de habitantes cuenta con 10 personas. En conjunto, basandose en las normas tipicas de vivienda hay 8 hogares en el estacionamiento que sobrepasan los limites de habitantes permitidos. 3. Necesidades de Vivienda de Reemplazo Generalmente, las necesidades de viviendas de reemplazo son expresadas en tbrminos de cantidad de unidades que se necesitan de acuerdo al tamano de los dormitorios y tipo de construccion. Los requisitos Para el tamano de los dormitorios se basan en funci6n de las actuates circunstancias del hogar y la necesidad, si la hay, de aumentar el tamano de la vivienda debido a estar atestada. La presuncibn basada en los estatutos es que se espera como minimo, que a los que son desplazados.se les ofrezcan viviendas similares en tamano a la que actualmente tienen y que este dentro de sus posibilidades financieras. La edad y condicibn de la casa m6vil junto con la disponibilidad de espacio en otros estacionamientos Para casas mbviles que Sean razonablemente comparables determinara el que cualquiera de las casas mbviles ocupadas por sus duenos puedan ser reubicadas. Los hogares ocupados por sus duenos que no puedan ser reubicados seran elegibles para pagos Para reemplazar su residencia y ayuda con el aumenao en la renta de espacio que tengan que pagar en la nueva localidad. Con el proposito de computar las necesidades de reemplazo global y la preparaci6n del presupuesto de ayuda de traslado, se asume en este Plan que las necesidades de vivienda de reemplazo de duenos a inquilinos seran resueltas por medic de confiar en que habrfin unidades disponibles en el mercado y no por recurrir al traslado de las casas mbviles que actualmente ocupan. Tabla 3 a continuaci6n resume las necesidades de vivienda de reemplazo Para los duenos que ocupan su propiedad y Para los inquilinos. 0 52 r)9� s-�. Tabu 3 Necesidades de Vivienda de Reemplazo 8 Duenos y 5 Inquil nos Dorrnitorios 1 2 3 4 Duenos 19 43 21 3 Inquilinos 1 2 2 0 4. Ingresos Todos los hogares estan por debajo del 120% del Ingreso Mediano reconocido para el Brea por las normas del Departamento de Vivienda y Desarrollo Urbano (HUD) para el Condado de Riverside. Ver Tabla 4 a continuaci6n para las limitaciones de ingreso del HUD 10 93 Entre los 91 hogares que respondieron, 23 califican como de Extremadamente Bajos Ingresos, 38 califican como de Muy Bajos Ingresos, 24 califican como de Bajos Ingresos, 5 califican como de Ingresos Medianos y solamente 1 califica arriba del ingreso Mediano. Tabla 5: Entandares de Niveles de Ingreso de los Residentes del Estacionamiento segun HUD Para el Condado de Riverside Extremadamente Bajo Muy Bajo Bajo Mediano Moderad 0 23 38 24 5 1 5. Origen ttnico / Lenguaje El origen etnico entre los residentes del Estacionamiento es de 15% de raza blanca (17), 78% Hispanos (72) y 3% Negros (3). Con la excepcibn de 26 viviendas, el Espanol era el lenguaje principal del hogar para todos los hogares. 6. Hogares con Personas Discapacitadas Uno (1) de los hogares reportaron discapacidades que pudieran afectar su eleccibn de viviendas de reemplazo. Las discapacidades incluyeron dificultad para movilizare, problemas con la vision y varios otros problemas neurologicos. 7. Area Preferida Para Traslado Con la excepcian de 9 hogares, todos los residentes del Estacionamiento expresaron su esperanza de que a ellos se les podria trasladar dentro de la Ciudad de La Quinta. 12 ��J III. RECURSOS PARR EL TRASLADO Las opciones de vivienda de reemplazo para los residentes del Estacionamiento incluiran: 1) Casas moviles de renta disponibles que esten dentro de las Brea circundantes; 2) Casas moviles de venta; 3) Casas de renta incluyendo casas moviles y unidades multi-familiares. A. METODOS DE ENCUESTA DE RECURSOS Los resultados de la encuesta de las viviendas de reemplazo refleja el ancilisis de to disponible dentro de un mes en el mercado. Las siguientes fuentes de informacion fueron -utilizadas de la encuesta: -Encuesta de los anuncios clasificados en los peri6dicos locales -Encuesta de los estacionamientos de casas moviles en La Quinta y comunidades adyacentes obtenidas por medio de conducir.atreves deellas. -Conversaciones con el personal de empresas de propiedades y bienes inmuebles que se especializan en la renta de viviendas y/o casas moviles en el area. -El area encuestadas fueron seleccionadas tomando como base las necesidades y preferencias de las personas que serfin desplazadas. B. DISPONIBILIDAD DE VIVIENDAS DE REEMPLAZO hos de dos residentes tienen la habilidad de usar su ayuda de traslado en la compra de una vivienda convencional. A los inquilinos que no son duenos de su vivienda se les proporcionaran referencias tanto a los apartamentos para personas con bajos ingresos asi como a to que esta disponible en el mercado. Hay una cantidad de referencias adicionales disponibles que no se incluyeron debido a que la informacion no estaba disponible al momento de escribir este Plan, asi como referencias adicionales superiores. Ver Tablas 6, 7 13 56 1. Casas M6viles - De Venta Un total de 33 casas m6viles de venta fueron identificadas en estadonamientos localizados en La Quinta y en el Valle de Coachella. La Tabla 6 provee un sinopsis de la informaci6n de la encuesta sobre los recursos. Tabla 6: Recursos de Traslado de Casas M6viles Residenciales (De Venta) Unidades Requeridas vs. Disponibiiidad de Unidades Tamano del Dormitorio Unidades Requeridas Unidades Qisponibles Rango de Precios 1 13 13 $7,500 2 51 29 $15,000 - $29,000 3 24 19 $20,000 - $35,000 4 3 1 $42,000 La Tabla 6 representa las unidades que estaban disponibles entre el 11 de Enero y el 29 de Febrero, 2004. Durante este periodo, las casas movies fueron puestas en el mercado diariamente. Basandose en el numero de unidades que regularmente fueron puestas en el mercado, se anticipa que durante el periodo de deplazamiento de cuatro meses se haran disponibles en cada una de las categodas de tamano de dormitorio una cantidad suficiente de casas moviles de reemplazo que sewn comparables, decentes, seguras a higienicas. Por to consiguiente, habra suficientes viviendas de reemplazo Para proveer. 2. Viviendas de Renta endas de renta disponible se concentro en la ciudades de La Quinta y 6reas circunvecinas. La Tabla 7 a continuaci6n muestra la casas m6viles de renta disponibles. La Tabla 8 a continuaci6n muestra los lotes disponibles para renta para casas m6viles 14 57 w�• Tabla 7: Casas M6viles Res'idenciales, Apartamentos (De Rento) Unidades Requeridas vs. Disponibil dad Unidades Necesitadas Unidades Disponibles Rango de Renta 1 Dormitorio 1 8 $680.00 2 Dormitorios 2 20 $850.00 3 Dormitorios 1 2 24 $890.00 Tabla 8: Lotes Para Casas M6viles Residenciales ( De Renta) . Lotes Disponibles Restricciones del Estacionamiento Renta por el Sitio 31 Ninguna $315,00 a $450.00 49 Limitados a 55 anos de edad o mayores $275.00 a $365.00 Un total de 80 lotes vacantes para casas m6viles fueron identificados en Estacionamientos localizados en La Quinta y alrededor de el Valle de Coachella. Cuarenta y nueve (49) de los 80 lotes solo permiten a personas de 55 anos o mayores 3. Resumen lento, la informaci6n de la encuesta indica que habra las unidades de Avienda <ie renta y de vents disponibles seran mas que adecuadas como recufsos de traslado para los residentes del Estacionamiento, tanto para los inquilinos como para los duenos que viven en su propiedad. Para los duenos que viven en su propiedad, particularmente aquellos que lean de mas edad y con limitaciones fisicas, se puede considerar la opci6n de trasladarse a hogares para personas 15 58 �9� mayores. La falta de unidades de una recamara en el trea puede resultar en la necesidad de actualizar el tamano de la casa m8vil para poder cumplir con las normas de compatibilidad. Algunos inquilinos, de acuerdo a sus respuestas a la encuesta, pudieran considerar el comprar en vez de volver a rentar otra vivienda. Las preferencias individuates serfin tomadas en cuenta cuando el proceso de traslado haya empezado y un agente de traslado haya tenido la oportunidad de hablar personalmente con cada uno de los residentes. C. CUESTIONES RELACIONADAS 1. Desplazamientos Residenciales Simultaneos Basandose en las necesidades de este proyecto, no se anticipan que pueda existir una competencia extraordinaria en la demanda por unidades residenciales similares dentro de la Ciudad de La Quinta. No deberia de haber un impacto adverso en poder satisfacer las necesidades de viviendas de reemplazo para los ocupantes que serfin desplazados. 2•. Vivienda Temporal No se anticipa la necesidad de viviendas temporales ]b 59 4. IV. ELPROGRAMADEAYUDAOETRASlADO A. INTRODUCCION El programa de servicios de ayuda de traslado sera suministrado por la Agencia a aquellos residentes que seran desplazados por el Proyecto. Estos servicios sera puestos en practica de acuerdo a la Ley de Asistencia de Traslado de California, Seccien 7260, y seq. del Cbdigo Gubernamental de California y las directrices bajo Titulo 25, Division 1, Capitulo 6, Sub- Capitulo 1 del Codigo de Reglamentos {Ios Reglamentos) de California. El programa de ayuda de traslado proporciona tanto asesoria como ayuda financiera. La determinacion de la elegibilidad para la ayuda y los beneficios seran efectuados segun las circunstancias individuales de cada caso y la aplicacibn de los criterios de los reglamentos y estatutos. B. PROGRAMA DE ASESORIA PARA LA AYUDA DE TRASLADO Los consultores de traslado bilingues de Overland, Pacific & Cutler estaran disponibles para ayudar a cualquier hogar que sera desplazado o a algiin negocio que tengan preguntas respecto al traslado o a la ayuda de traslado. Los empleados de dicha empresa pueden ser contactados por medio de Ilamar al (760) 776-1238 entre las 9:00 a.m. y las 4:00 p.m. de Lunes a Viernes. Las oficinas de traslado estan localizadas en: Overland, Pacific & Cutler 41-555 Cook Street, Suite 250 Palm Desert, CA 92260 Un programa completo sobre la ayuda de traslado, que contiene asesoria y ayuda tecnica sera distribuido a los hogares que seran desplazados. Se mantendra un estrecho contacto con cada uno de los desplazados. Los requisitos del programa de ayuda de traslado seran: 1. El informar en su totalidad a las personas elegibles sobre la naturaleza y los procedimientos para obtener ayuda y beneficios de traslado; 2. Determinar las necesidades de cads uno de Jos desplazados que son elegibles para la ayuda; 17 60 _ 3. Proveer a los desplazados que son elegibles una cantidad apropiada de referencias a viviendas comparabies, decentes, seguras a higienicas dentro de una cantidad de tiempo razonable antes del desplazamiento y asegurarse que no sera necesario que ninguno de los ocupantes elegibles se mude sin haber recibido por adelantado un aviso de 90 dias por escrito; 4. Proveer informacibn al dia y de forma continua sobre las oportunidades de vivienda de reemplazo comparabies; 5. Proveer ayuda que no resulte en un trato deferente o separado debido a la raza, color de piel, religi6n,lugar de origen, sexo, estado civil u otras circunstancias arbitrarias. 6. Suministrar informacibn referente a los programas de vivienda federales y estatales y otros programas gubernamentales que provean ayuda a las personas desplazadas; 7. Ayudar a cada persona elegible a completar la solicitud para recibir beneficios; 8. Ayudar a cada persona que es elegible para una vivienda residencial a obtener y mudarse a una vivienda comparable; 9. Hacer los pagos de beneficios de traslado de acuerdo. con todas las normas estatales aplicables; 10. Informar a todas las personas desplazadas sobre los reglamentos de la Agencia en relacibn al desalojo y supervisi6n de la propiedad; 11. Mantener un procedimiento de apelaci6n para que pueda ser usado por . las personas que seran desplazadas y que buscan ayuda administrativa para revisar las decisiones de la Agencia respecto a la ayuda de traslado. Todas las personas que probablemente sean reubicadas seran personalmente contactadas para una entrevista inicial por un agente de traslado de la Agencia a mas tardar 30 dias despues de que la Agencia envie la primer oferta por escrito para comprar la casa m6vil en la cual residen. El proposito de esta entrevista inicial sera para reunir informacibn 18 61. concemiente a las circunstancias de cada individuo que probablemente sera trasladado y para distribuir y revisar un folleto con informaci6n escrita (ver Anexo B) que explica el programa de traslado residencial de la Agencia. Habren folletos disponibles en Espanol, si se necesitan. Cuando se complete la entrevista inicial y se haya presentado la informaci6n que se requiere como prueba (informaci6n de ingresos, confirmaci6n de cantidad de habitantes, etc.) se le proveer6 a cada persona con probabilidad de ser trasladada (inquilinos y duehos que ocupan su propiedad) una Noticia de Elegibilidad por escrito. La Noticia de Elegibilidad proveerd, por to menos una referencia a una vivienda de reemplazo y establecera la cantidad maxima de ayuda de traslado para la vivienda en cuest16n que es elegible. Los factores usados para determinar la cantidad mexima de ayuda seran descrito en la Noticia de Elegibilidad y sera explicada personalmente por el agente de traslado que sea asignado. Antes del traslado de los ocupantes residenciales, sea hard todo esfuerzo razonable por proveer tres referencias a vivienda de reemplazo comparable para los desplazados, de acuerdo al C6digo De Reglamentos de California, Capitulo 6, Secci6n 6042.(`c) Las referencias se proveeran continuamente y se proveera transportaci6n, si es necesario, para inspeccionar los sitios de reemplazo dentro de area local. Generalmente, una vivienda de reemplazo debe satisfacer el siguiente criterio: a. La unidad debe ser decente, segura a higienica con sistemas de electricidad, plomeria y calefacci6n en buen estado sin ningun riesgos de tener defector de importancia. La unidad es comparable a la vivienda adquirida en relaci6n a la cantidad de cuartos, espacio habitable y el tipo y calidad de construcci6n, pero no menos en cuanto al numero de cuartos o espacio habitable segun sea necesario para acomodar a las personas desplazadas; b. La unidad esta localizada en un area que no esta sujeta a condiciones ambientales adversas ya sea por causas naturales o artificiales, y generalmente no menos deseable en cuanto a transportaci6n, servicios publicos a instalaciones comerciales y publicas incluyendo escuelas y servicios .municipales que seas accesibles y que esten razonablemente cerca del lugar de empleo de las personas desplazadas; c. La unidad esta disponible tanto -en el sector privado como al publico en general sin importar la raza, el color de piel, sexo, estado civil, religi6n u origen nacional; 19 62 d. La cantidad de renta mensual esta dentro de los limites financieros del inquilino residencial desplazado Si se necesita, se darfi ayuda especial en la forma de referencias a agencias de servicios sociales tanto del gobierno como privadas.. Las referencias a dichas agencias puede incluir, pero no estan necesariamente limitadas a: • Administracion Federal del Seguro Social • El Consejo Equitativo de Vivienda del Condado de Riverside • La Agencia de Salud y Servicios Humanos del Condado de Riverside Se hard todo esfuerzo razonable para asegurar que el proceso de trasiado ocurra con un minimo de retraso y de penalidades. C. BENEFICIOS DE TRASLADO Los beneficios seran pagados a las personas desplazadas cuando se hayan entregado las formas de reclamaci6n y la documentacibn requeridas de acuerdo condos procedimientos de la Agencia. _Los requisitos de elegibilidad especificos y el plan de beneficios seran detallados sobre una base individual con todos los que sean desplazados. Durante el transcurso de las entrevistas personales y las visitas que se haran a continuacion, se dart asesoria a cada hogar sobre las opciones disponibles y como el efecto que cada opcion tendra en to que respecta a la ayuda financiers. La Agencia considerara los pedidos de pagos parciales por adelantado con el proposito de aliviar penalidades para los hogares sin acceso a suficientes fondos para pagar el costo de rentar una nueva vivienda, o por establecer una cuenta a cargo de terceras personas ("escrow") para la compra de una vivienda de reemplazo. Las respuestas a los pedidos de pagos por adelantado se haran expeditivamente para poder evitar la perdida de vivienda de reemplazo deseable y apropiada. 1. Pagos Por Gastos de Mudanza Residencial 20 6-3 Todos los ocupantes residenciales que seran reubicados serfin elegibles para recibir pagos por gastos de mudanza, con excepcion de to que se ha anotado. Los pagos por gastos de mudanza seran basados en el costo actual de mudanza profesional o un pago fijo basado en la cantidad de cuartos. a. Costo Actual (Mudanza Profesional) Los desplazados pueden elegir el recibir pagos por gastos de servicios de mudanza profesional basada en el menor de, por to menos, dos ofertas de empresas de mudanza cualificadas. El costo actual de la mudanza sera pagado directamente por la Agencia a las empresas de mudanza, a peticibn de los desplazados. Los costos de transportacibn estan limitados a una distancia de 50 millas, excepto donde el traslado mas alla de esa distancia se considere justificada y sea aprobada por la Agencia. Ademas del costo actual, los costos relacionados con oonectar nuevamente los servicios publico (i.e. gas, agua, electricidad, telefono, y cable, si to tiene) son elegibles para reembolso b. Pago Fijo (Basado en el Programa de Cantidad de Cuartos) Los desplazados pueden elegir el redbir el pago de una cantidad fija por los gastos de mudanza basados en la cantidad de cuartos en las viviendas de las que fueron desplazados. Los desplazados que elijan recibir pagos fijos por mudanza tomaran responsabilidad financiera total por los costos de mudanza y por los gastos relacionados con la conexi6n de servicios publicos.. El programa actual para pagos fijos de mudanza, segun to establece la Administracion Federal de Carreteras y to mantiene el Departamento de Transportacion de California, se presents en la Tabla 9 a continuacion: 21 64 3i'-`4 Tabla 9: Programa de Pagos Fljos Por Mudanza Viviendas sin Amueblar Un cuarto $575 Dos cuartos $750 Tres cuartos $925 Cuatro cuartos $1,100 Cinco cuartos $1,325 Seis cuartos $1,550 Siete cuartos $1,775 Ocho cuartos $2,000 Cada cuarto adicional $200 Viviendas Amuebladas Un Cuarto $375 Cada cuarto adicional $6 2. Ayuda con el Pago de la Renta Para Los Inquilinos Con 90 Dias o Mas de Residencia y que Volverin a Rentar Los inquilinos que hayan residido por un minimo de 90 Dias antes de que la Agencia ofreceria comprar la propiedad en la que viven, y que hayan elegido volver a rentar, pueden ser elegibles para recibir pagos para ayudarlos con la renta ademas de los pagos por los gastos de mudanza. De acuerdo a la Ley de Traslado de California. Los Pagos de Ayuda Con la Renta estfin limitados a un mfiximo de $5,250 basado en la necesidad de vivienda mensual sobre un 22 65 periodo de 42 meses. La Tabla 10, a continuation presenta la manera en que se determina la necesidad mensual Tabla 10: Computaci6n de los Pagos de Ayuda para la Renta (Eiemplo) 1. Renta Anterior $430 Renta Anterior, mas concesibn por servicios publico o, 2. Habilidad pare Pager $445 30% del Ingreso Bruto del Hogar* 3. El menor de las lineas 1 o 2 $445 Restado De: 4. Renta Nueva Actual $575 Renta Nueva Actual incluyendo Concesibn por Serviclos Publico o, 5. Renta Comparable $550 Incluyendo Servicios Publlvo 6. El menor de las lineas 4 o 5 $550 7. Resulta en la Necesidad Mensual de $105 Reste la linea 3 de la linea 6 Ayuda Con la Renta $4,410 Multiplique la linea 7 por 42 * Ingreso Bruto significa el ingreso total anual de un individuo descontando to siguiente: (1) una deducci6n de $500.00 for cads dependiente en exceso de tres; (2) una deducci6n de 10% de ingreso total pare cabezes de familia que sean ancianos o discapacitados; (3) una deducci6n por gastos m6dicos extraordinarios y repetitivos definidos pars este proposito como gastos m6dicos en exceso del 3% del ingreso total, que no hayan sido compensados, o, cubierlos por aseguranza u otras fuentes; (4) una deducci6n de cantidades razonables que hayan sido pagadas por el cuidado de ninos o familiares enfermos o discapacitados cuando se ha determinado que son necesados para el empleo del cabeza de familia o su c6nyuge, excepto que le cantidad deducible no 23 G6 J�� exceda Is cantided de ingreso recibido por Is persona quien de otra manera no estaria en Is posici6n de poder buscar empleo en Is ausencia de tal cuidado. 3. Ayuda Para el enganche a Los Inquilinos Residentes por 90 Dias que Eligen Comprar Los inquilinos residenciales que de otra manera serian elegibles para recibir un pago de ayuda con la renta segun se describe anteriormente, pueden escoger el utilizar hasta el total de este pago para comprar una Casa. La Agencia hara los arreglos para depositar en una cuenta con terceras personas ("escrow") total del pago de ayuda con la renta para el cual califica el inquilino., siempre y cuando la cantidad total sea usada para el pago inicial y para gastos secundarios elegibles asociados con la compra de una casa de reemplazo. Se har6 una provision en las instruccio.nes (del escrow") para que los fondos sean devueltos a la Agencia en caso de que el proceso de compra de is casa no pueda Ilevarse a cabo dentro de un limite de tiempo razonable. 4. Pagos Para Reemplazo de Vivienda Para Duenos que Ocupan Su Propiedad Los duenos residenciales que han ocupado sus propiedad de la coal sercin desplazados ( la vivienda de desplazo) por to menos, por 180 Dias antes que se hiciera la oferta de compra seran elegibles para un pago para el reemplazo de vivienda hasta un total de $22,500. El pago por reemplazo de vivienda a los duenos que ocupan su propiedad es la suma de tres posibles elementos de compensaci6n: a) el calculo diferencial de compra; b) el calculo diferencial de la hipoteca; y, c) gastos secundarios. a. Calculo Diferencial del Precio de Compra El calculo diferencial del precio de compra es la diferencia en dolares entre el precio de adquisici6n final pagado por la Agencia por la vivienda desplazada y el menor de: 1) el costo de la vivienda de reemplazo actual; o 2) el costo de una vivienda de reemplazo comparable. El pago maximo del calculo diferencial por el precio de compra entre el pago de adquisici6n final y el costo de una vivienda de reemplazo comparable. La Tabla 11, a continuaci6n, ilustra cuatro posibles calculo diferenciales de precio. 24 Tabla 11: Calculo Diferenciales de Precio de Compra Variables Ejemplo 1 Ejemplo 2 Ejemplo 3 Ejemp to 4 Precio Final por $10,000 $10,000 $10,000 $10,0 Adquisicion 00 Costo Actual por Viviendas $25,000 $50,000 $20,000 $10,0 de Reemplazo 00. Costos de Viviendas $25,000 $25,000 $25,000 $25,0 de Reemplazo 00 Comparables Calculo Diferencial del $159000 $15,000 $100000 $0 Precio Ejemplo 1- El costo de la vivienda de reemplazo actual y el costo de la vivienda de reemplazo comparable exceden el precio de final de adquisicion de la vivienda de desplazo por la misma cantidad. Ejemplo 2 - El costo de la vivienda de reemplazo actual excede el precio final de adquisicion de la vivienda de desplazo y el costo de una vivienda de reemplazo comparable. Ejemplo 3 - El costo de la vivienda de reemplazo actual excede el precio final de adquisicion de la vivienda de desplazo, pero es menos que el costo de una vivienda de reemplazo comparable. Ejemplo 4 - El costo de la vivienda de reemplazo actual-excede el precio final de adquisicion de la vivienda de desplazo. b. Calculo Diferencial del Interes de la Hipoteca 25 68 JA El pago del calculo diferencial del Interes de la hipoteca provee compensaci6n para los duenos que ocupan su propiedad en caso de perdida de financiamiento favorable. El calculo del pago refleja el "valor presente" del costo adicional requerido para financiar la compra de una vivienda de reemplazo cuando la taza de interes para un nuevo prestamo excede la taza de Interes del prestamo actual sobre la vivienda de desplazo. La caloulaci6n del pago esta basada en el menor de: 1) el balance del prestamo yjo el plazo del prestamo en la vivienda de desplazo. Para ser elegible, el prestamo en la vivienda de desplazo debe ser una deuda valida sobre el titulo de propiedad, por to menos, por 180 dias antes de la oferta de compra de la Agencia c. Gastos Incidentales Gastos incidentales de compensaci6n incluyen, pero no esten limitados necesariamente a to siguiente: costos legales, de cierre y otros costos relacionados incluyendo busqueda de titulo de propiedad, preparaci6n de documentos de transmisi6n, cargos de notario, encuestas, dibujos, y cargos pagados incidentales a la registraci6n; prestamista, FHA,- VA o costos similares de estimador, FHA, VA o cargo por solicitud similar, costo por la certificaci6n de legitimidad estructural; cargos por reporte de credito, cargo por documento de evidencia de propietario o hipoteca, cargos del agente de "escrow"; a impuesto de venta o transferencia. El pago por dichos gastos no excedere la cantidad atribuible a la compra de una vivienda comparable. Tales gastos deben ser legal y razonablemente requeridos como costumbre en la comunidad. 5. Pagos a Inquilinos Sin Tenencia Los inquilinos que legal y continuamente han ocupado la vivienda de desplazo {por menos de 90 Dias antes de la oferta de compra de la Agencia serfin elegibles para recibir un pago por los gastos de mudanza solamente, de acuerdo con la Secci6n IV, C.1. D. INFORMACON GENERAL ACERCA DE LOS PAGOS POR BENEFICIOS DE TRASLADO 26 69 l_ Para calificar para la ayuda de beneficios de traslado, un residente desplazado debe ocupar una vivienda de reemplazo dentro de un ant desde la fecha mas reciente entre: 1) la fecha en que el demandante se muds de la propiedad adquirida; 2) la fecha en que se recibi6 el pago por la propiedad, o en el caso de condena, la fecha .en que se deposito la justa compensaci6n en la corte, o, 3) la fecha de la primer referencia a una vivienda de reemplazo comparable. Las viviendas en las que habiten uno o mas ciudadanos de Estados Unidos (por nacimiento o por naturalizacion) o uno o mas extranjeros legalmente documentados tendran derecho a la ayuda de traslado. El proceso para la preparaci6n y archivo de las formas para solicitar pagos y el proceso y envio de los pagos sera como sigue: 1. Las personas que soliciten los pagos proveyeran toda la documentaci6n necesaria verificar la elegibilidad para ayuda con el consultor de la Agencies 2. Las cantidades de ayuda recomendadas seran determinadas por el consultante de traslado de la Agencia de acuerdo con la ley de traslado. 3. Las formas para pedirlos los pagos seran preparados por el consultor de traslado de la Agencia para obtener la firma del solicitante de pago. 4. Las formas para pedir los pagos seran presentadas a la Agencia por el consultor de traslado de la Agencia para que sean verificadas y aprobadas y para que se efectue el pago. 5. Los cheques por los beneficios seran enviados al consultor de traslado de la Agencia para ser entregados a los solicitantes de los pagos. 6. Los pagos finales a los solicitantes residenciales serfin preparados dentro de un tiempo razonable solamente despues de la confirmaci6n de que las instalaciones han quedado completamente vacantes y la residencia en la vivienda de reemplazo ha sido verificada. 7. Los recibos por los pagos seran obtenidos y archivados por el consultor de traslado de la Agencia en archivos de traslado individuales 27 7� 10 Los solicitantes de pagos de ayuda de traslado tienen hasta 18 meses Para enviar sus solicitudes por pagos desde la fecha mas reciente entre: a) la fecha en que el pago final por la propiedad se recibio, o b) la fecha en que el solicitante se muda de la propiedad. E. VIVIENDAS DE ULTIMO RECURSO Los desplazados de viviendas residenciales son tornados en cuenta Para beneficios suplementarios en la forma de ayuda vivienda como ultimo recurso cuando el caiculo total de la elegibilidad de ayuda Para vivienda de reemplazo excede los $5,250 en el caso de los inquilinos, $22,500 Para los duenos que ocupan su propiedad, o cuando un inquilino o dueno que ocupa su propiedad no cumple con los requisitos de vivienda apl'icables. El ingreso del hogar sera la unica base Para determinar los beneficios de ayuda Para viviendas de ultimo recurso Para los inquilinos sin tenencia (aquellos que han ocupado la propiedad por menos de 90 Dias antes de la oferta de compra de la Agencia). Los que reciban esta ayuda deben cumplir con todos los requisitos basicos de elegibilidad que son aplicables a los otros desplazados. Todos los procedimientos normales Para procesaras las solicitudes de pago ser6n aplicados a Jos pagos de ayuda Para vivienda de ultimo recurso, incluyendo pagos en cifras redondas de beneficios aprobados. La Agencia puede aprobar, en su discrecibn, metodos alternativos Para proveer ayuda Para viviendas de ultimo recurso, caso por caso, incluyendo, Pero sin limitarse a, reparaciones menores, a rehabilitacibn de, y/o anadiduras a vivienda de reemplazo existente, incluyendo la remocion de obstaculos Para los discapacitados, segun sea necesario. F. IMPLICACIONES EN LOS IMPUESTOS POR EL TRASLADO Generalmente, los pagos de traslado no son considerados como ingresos Para lospropbsitos de el Codigo de Ingreso Interno de 1968, o Para la ley de Ingreso Personal, Parte 10 de el Cbdigo de Ingreso a Impuesto. A pesar de estas provisiones, las personas que reciban esta ayuda como beneficio de traslado serbn aconsejados de que consulten con autoridades en materia de impuestos o consejeros personales sobre los impuestos referente a las implicaciones en los impuestos por los pagos de traslado. 28 71. . REGLAMENTOS ADMINISTRATIVOS, AGENDAYPRESUPUESTOS DELPROYECTO A. PROCEDIMIENTOS DE APELAC16N Los Procedimientos de Apelacion del Programa de Ayuda De Traslado siguen el estandar descrito en el Articulo 5, Secci6n 6150 y seq,. Titulo 25, Capitulo 6, de las directrices del Programa del Departamento de Vivienda y Desarrollo de la Comunidad de California. Dicho sencillamente, todos las personas desplazados ya sea de caracter residencial o comercial tienen el derecho a inquirir por una revisi6n administrativa cuando se consideran que han sido agraviados por la determinaci6n sobre la elegibilidad; la cantidad de pago por traslado; la falta de la Agencia en proveer referencias a vivienda de reemplazo comparable; o, las practicas de Administraci6n de la propiedad por parte de la Agencia. B. REGLAMENTOS DE DESALOJb/TERMINACI6N Segun las directrices del Estado de California, es permisible que la Agencia desaloje solamente Como una ultima alternativa. Con la excepci6n de las personas a quienes se considera que ocupan legalmente la propiedad, el desalojo de una persona desplazada no afecta su elegibilidad para los beneficios y ayuda de traslado. Los siguientes reglamentos sobre el desalojo seran aplicables a todos los residentes y ocupantes que serfin desplazados por el Proyecto y quienes permanezcan en la propiedad como inquilinos de -la Agencia despu6s de adquisici6n de la propiedad. 1. La Agencia Ilevara a cabo el desalojo solamente debido a una o mas de las siguientes infracciones: a. Cuando el inquilino falle en pagar la renta, excepto en los casos en que la falta del pago se debe a que la Agencia fallo en mantener las instalaciones en condiciones habitables o es el resultado de acoso o como respuesta a una acci6n negativa; 29 72 b. La practica en las instalaciones por parte de los inquilinos de un acto peligroso, y/o ilegal; c. Cuando el inquilino viole los reglamentos del contrato de renta y despues de haber sido avisado, falle en corregir diche violaci6n dentro de 30 dias a partir de tal aviso. d. El que el inquilino mantenga una practica fastidiosa, y cuando se le, notifique, falle en disminuir dicho fastidio dentro de un tiempo razonable inmediatamente despu6s de la notificaci6n; e. Cuando el inquilino rehusa aceptar una de las varias ofertas razonables de vivienda de reemplazo; y/o; f. Un requisito bajo la ley local o Estatal, o debido a circunstancias de emergencia que no pueden ser prevenidas por los esfuerzos razonables de parte de la Agencia. 2. Con la excepci6n de una persona a quien se considers que "ocupa ilegalmente" la propiedad (Ver CCR 6008 M), el desalojo de una persona desplazada no afectara su elegibilidad Para ayuda y beneficios de traslado. Estos reglamentos de desalojo no impiden que la Agencia legalmente termine el alquiler que esta dentro de la propiedad que pertenezca a la Agencia. C. PARTICIPACI6N DE LOS CIUDADANOS Este Plan se distribuira a cada hogar y se harci disponible al publico por un penodo de revision mandatorio de 30 dias. Los comentariios que se hagan sobre Plan serfin incluidos como un apendice al Plan antes de que sea presentado para su aprobaci6n a la Agencia. Cuando se haya aprobado, se enviara una copia del Plan al Departamento de Vivienda y Desarrollo de la Comunidad de California (HCD). La Agencia y la empresa Overland, Pacific & Cutler se apegaran tanto al sentidowmo a la letra de la ley en la Seccibn 6012 (Participaci6n del Ciudadano) del C6digo de Regulaciones de California, Titulo 25, Capitulo 6, al implementar el Programa de Traslado. La Agencia se asegurara de to siguiente: 30 73 313 1. Oportuno y total acceso a los documentos relevantes del programa de traslado; 2. La provisi6n de ayuda tecnica necesaria para interpretar los elementos de traslado del Plan y otros materiales pertinentes; 3. Copias de este Plan se har6n disponibles publicamente para que los residentes del Estacionamiento y otros grupos interesados puedan revisarlo, no menos de treinta (30) dias antes de la fecha programada para la aprobaci6n de Plan por parte de la Agencia. La Agencia recibirfi los comentarios por parte de los desplazados y de otras personas interesadas con respecto a este Plan de Traslado. Los comentarios deben ser enviados a: Frank Spevacek C/o Community Development Department Rosenow Spevacek Group, Inc 217 North Main Street, Suite 300 Santa Ana, CA 92701-4822 4. Se distribuira una aviso general de este Pian a todos los desplazados por el propuesto Proyecto. Este Plan estar; disponible para ser circulado para la informacibn y revisidn por parte de grupos de ciudadanos, agencias estatales y del condado y por todas las personas afectadas por el Proyecto 5. El derecho a presentar comentarios y objeciones orales y escritas, incluyendo el derecho a presentar comentarios escritos con res.pecto a Plan de Traslado y lograr que estos comentarios sean adjuntados al Plan cuando sea enviado a la Agencia para su aprobaci6n 6. Cuando se hayan completado todas las revisiones, el Plan sera presentado a la Agencia para su adopci6n D. LA FECHA PROPUESTA PARA EL DESPLAZAMIENTO Y CIERRE DEL ESTACIONAMIENTO La fecha que se ha propuesto para el cierre del Estacionamiento y la conclusi6n del proceso de traslado es de Abril 1 hasta Junio 30 de 2004. E. COSTOS ESTIMADOS DE TRASLADO Y CIERRE DEL ESTACIONAMIENTO 31 74 ��4 La Agencia Para el Desarrollo de La Ciudad de La Quinta propone utilizar los fondos para viviendas con ingresos bajos y moderados. Los gastos estimados de ayuda de traslado y de mudanza asociados con el cierre del Estacionamiento son: ($3.3 MILLONES DE DOLARES) 32 75 315 33 76 OVERLAND, PACIFIC & CUTLER, INC.- RESIDENTIAL INTERVIEW FORM CASE ID: PROJECT• AGENCY: CONSULTANT: OCCUPANT INFORMATION: DWELLING: MAJOR EVENTS: Park Moveoin Date: I I Number of Bedrooms: Unit Movesin Dale: I I Number of Bathrooms: first Offer/ I MOBILE HOME: initialIntervie*.. / Size: 2 x It UTILITIES PAID BY: Year: Model: O O Owner O I~ Owner Pad Rent: $ TefMtriiM Tenant Morthly Rent $ � Teter: O Owner OCCUPANCY STATUS: O Rent O Lease O Mortgage O Own (Clear) O Have title to the Mobile Home MOBILE HOME TYPE: O Single -Wide O Double -wide O Storage Shed O Other ETHNICITY: O White O Hispanic O Black O Asian O Other: PRIMARY LANGUAGE: O English O Spanish O Other: OCCUPANT INFORMATION: PROPERTY/LOAN INFO (fF HOMEOWNER): O Elderly Household O Handicapped Household ❑ Fixed O V4 dMen lRpeOther O Housing Assistance: $ O Wilting to Relocate from C Pri1 Lest: or Section 8? Yes No Date Loan Obtained: Area/Unit Preference: NAME (FIRST, LAST) SEX AGE MONTHLY INCOME Pismo of Corn pony a oeeupotisn 1 Mf $ 2 M F $ g MF $ — — 11 M F $• 12 M F S - Income from other sources: NOTES: 17 311 34 35 Questions for the Agency of Relocation for the City of La Quinta (Requested by the Vista Dunes Action Committee) 1. Who is the Escrow Company for the sale of the Vista Dunes Mobile Home Park? The escrow company is Foresite Escrow located in Palm Desert. 2. What date does Escrow close? Escrow was initially scheduled to close on March 31, 2004. However, the property owner has requested that escrow be extended until May 15, 2004. The Agency is currently considering this request. 3. When does the La Quinta City Council meet to finalize `The Plan'? The Relocation Plan will be considered by the City Council on both Tuesday, April 6 and Tuesday April 20, 2004. The April 6 meeting will entail the initial discussion and receiving public comment. The April 20 meeting will entail final consideration and approval. 4. When do VDAC's suggestions have to be submitted to the LQC? w,. Suggestions will be considered throughout the relocation process. Comments to the Relocation Plan must be submitted no later than April 15, 2004. The comment period was extended from March 31 st to April 15. 5. How did Overland, Pacific, & Cutler survey undocumented residents? They use the certification method developed by the Federal Highway Administration, the Federal lead agency for the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. All households will be required to complete a certification form as presented in Exhibit C of the Relocation Plan. 6. How many of the residents have the ability to buy a new home? The relocation assistance program provides benefits to assist in obtaining comparable replacement housing. The ability to purchase a "new" home is not determined by the La Quinta Redevelopment Agency. 7. Why and where are the `additional referrals' not stated in `The Plan'? Information such as size, age, bedroom count or location regarding the "additional referrals" may not have been available at the time the Plan was authored. and were therefore not included. They will be updated and provided monthly during the relocation process. , f �0 C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet.Fles\OlK7\VDACQuesansw5APR041. Page 1 of 17 Questions for the Agency of Relocation for the City of La Quinta (Requested by the Vista Dunes Action Committee) 8. What are `Superior Referrals'? Referrals that far exceed the quality of displaced unit. 9. Who determines `Sufficient Replacement Housing'? Overland, Pacific & Cutler makes this determination based upon the survey of Vista Dunes resident housing composition and review of available replacement housing. 10. What does `Sufficient' mean? Being as is needed to meet the needs of the Vista Dunes residents. 11. Why not `better housing' instead of `sufficient housing'? Betterment is not a relocation requirement. 12. Where are the apartments available to rent? La Quinta and the surrounding communities. 13. Which real estate and property firms are being used for resource survey statistics? Overland, Pacific & Cutler used not one real estate firm but a variety of Coachella Valley real estate firms that are part of the multiple listing service (MLS). They also surveyed Internet real estate services and other Valley mobile home parks. 14. Which mobile home parks are being considered for relocation? The mobile home parks in the communities surrounding La Quinta. 15. Where is the list of available housing located? A list of available mobile homes will be available to residents at the time we provide an Eligibility Notice. Ongoing updates will be available throughout the relocation process. 16. Where is the list of those apartments that are available? A list of available rental units will be available to residents who wish to rent at the time we provide an Eligibility Notice. Ongoing updates will be 01 available throughout the relocation process. CADocuments and Settings\bsawyer\Local Settings\Temporary Internet Files\OLK7\VDACquesansw5APR041.doc Page 2 of 17 Questions for the Agency of Relocation for the City of La Quinta (Requested by the Vista Dunes Action Committee) 17. Will monthly rental costs be included with addresses on the apartment list? Yes. 18. Where is the list of the mobile home space rental location? Overland, Cutler & Pacific will provide a list of mobile home parks with available spaces to residents who wish to move their unit, or to residents who wish to purchase new mobile home units and move into a mobile home park at the time the Eligibility Notice is presented. Ongoing updates will be available throughout the relocation process. 19. Will monthly pad rental costs be included with the addresses on the Space Rental List? Yes. 20. Where is the list of the Senior Facilities that are available? A list of available units in senior facilities will be available to residents who wish to give consideration to senior housing. Ongoing updates will be available throughout the relocation process. 21. Will monthly rental for Senior Facilities be included on the list? Yes. 22. Where is the information for `First Time Home Buyers' located? Information on the affordable housing loan programs operated by the La Ouinta . Redevelopment Agency and other Valley cities will be available through Overland, Pacific & Cutler. Other first time homebuyer programs are best explained by qualified mortgage brokerage firms since the criteria changes periodically. 23. How important are `individual preferences' to the Relocation Agency? Every reasonable effort will be made to give consideration to individual household preferences. 24. What exactly are `the needs of the development'? This refers to the relocation needs of the Vista Dunes Mobile Home Park residents. CADocuments and Settings%sawyeALocal SettingsWemporary Internet Files10LK7\VDACquesansw5APR041.doc Page 3 of 17 .121 Questions for the Agency of Relocation for the City of La Quinta (Requested by the Vista Dunes Action Committee) 25. What exactly does `no adverse impact' mean? Because there are no concurrent projects in progress that would compete for housing replacements causing a reduction in the housing resources, there is no harmful effect. 26. Does `no adverse impact' deal only with the City of La Quinta or the residents also? Adverse impact as referenced on page 13 of the Relocation Plan refers only to the residents, not the City of La Quinta. 27. How can there be no need for temporary housing considering the time line presented by the Agency? Temporary housing is provided for displacements of 12 months or less. No resident will be provided relocation assistance based upon temporary housing because it will take longer than 12 months to redevelop the Park. 28. How many families surveyed meet `Legal Requirements'? The confidentiality of individual households must be maintained. This question cannot be answered. 29. What is the definition of `Applicable and Regulatory Criteria'? The are different regulatory guidelines depending on the source of the funding for a project. 30. How will Overland, Pacific, & Cutler keep close contact with residents without first creating trust between both parties? Trust will be established by working with each resident to determine his or her relocation needs. Overland, Pacific & Cutler's track record from working on relocation projects like this one in the Coachella Valley indicates that they will be successful at building trust with the residents 31. Why is the lack of bi-lingual plans available at City Hall and at the Rental Office for residents to examine? Relocation Plans in both Spanish and English have been provided at both locations. If additional Relocation Plans are needed, please call Overland, Pacific, and Cutler's Palm Desert office at 776.1238 and they will be provided. C:\Documents and Settin ftsa ,1 �'' g wyer\Local Settings\Temporary Internet Files\OLK7\VDACquesansw5APR041.doc Page 4 of 17 44. Questions for the Agency of Relocation for the City of La Quinta (Requested by the Vista Dunes Action Committee) 32. When the City of La Quinta first considered the purchase of the property almost a year ago, why weren't the residents notified of the proposed plan? The City first considered purchasing this property in June 2003 when it commissioned an appraisal to identify the value of the mobile home park. A purchase offer was submitted to and accepted by the property owner in October 2003.. The City then worked with the property owner to draft a purchase agreement, which was accepted by both parties on December 2, 2003. Park residents were notified of the City's intent at the December 15, 2003 resident meeting. The City did not contact the residents prior to knowing that it could purchase the Park because it did not want to raise concerns about possible relocation if the purchase was not to occur. 33. Is the City of La Quinta only trying to meet the minimum time requirements of notification required by state law? No. The schedule calls for residents to start relocating in June 2004 and having all residents relocated by October 2004. We are waiting until June so that school aged children can complete their school year. Construction should begin by November 2004 and should be complete by July 2005. Existing residents, who wish to move back into the Park, and any new residents, could then be settled so that their children may attend the fall 2005 school year. 34. How well have the `needs' of the residents been determined? Each household will be interviewed a second time and information regarding individual needs will be documented. 35. What is an `appropriate' number of housing referrals? According to state relocation guidelines, the number should be not less than three. 36. What is a 'reasonable' time to select a new home? A minimum of 90 days is considered reasonable to select a replacement dwelling. 37. When will possible locations be available? Referrals will be provided on an ongoing basis. CADocuments and Settings%sawyeALocal Settings\Temporary Internet Files\OLK7\VDACquesansw5APR041.doc r Page 5 of 17 Questions for the Agency of Relocation for the City of La Quinta (Requested by the Vista Dunes Action Committee) 38. Will lists of availability be given to all residents? Yes. 39. Will lists also be available in Spanish? Yes. 40. Why does `Separate Treatment' not apply to each individual situation? It does. The reference is regarding the intent to provide assistance without discrimination 41. Where is the information about federal and state housing programs available? As program information becomes available, it will be provided by Overland, Pacific & Cutler. 42. Are there other government programs that haven't been suggested? Not to our knowledge, but ongoing research may result in information related to government programs. 43. Where can residents contact federal and state housing advocates? At this time, we need to conduct additional research to identify these resources. We do not know of any Federal or State housing advocates located in the Coachella Valley. 44. Who's monitoring the Agency's actions at the Federal level? There are no Federal Funds in this project therefore there is no Federal monitoring. 45. Who's monitoring the Agency's actions at the state level? The State Department of Housing and Community Development (HCD). 46. What does `eligible' mean in respect to receiving relocation benefits? Any displaced person who is in lawful occupancy will be eligible for relocation assistance and moving benefits. However, to receive a rental assistance payment and/or a purchase price differential, there is an occupancy requirement of at least 90 days prior to the first written offer to purchase for tenants and 180 days for owners. CADocuments and Settings%sawyeALocal Settings\Temporary Internet Files\OLK7\VDACquesansw5APR041.doc ( it Page 6 of 17 r Questions for the Agency of Relocation for the City of La Quinta (Requested by the Vista Dunes Action Committee) 47. Is any family that has resided in the Park for the last 180 days able to receive relocation benefits? Same answer as Number 46. 48. Why would those who don't get relocation benefits not be `eligible'? Same answer as Number 46. 49. Would families with incomes above the `HUD cap' still be eligible for full benefits? Yes. 50. What programs are available to this type of resident? Same answer as Number 46. 51. Does the Agency and the City of La Quinta believe that all residents deserve a better home then they have now? The Agency and the City believe that all residents should receive fair and equitable treatment. The regulatory guidelines provide for "comparable" replacement housing. The desire of any individual for a "better home" is certainly a goal applauded by the Agency and the City. 52. How important is improving the standard of living of all 90 families to the Agency and the City of La Quinta? The Agency and the City strive to improve the standard of living for all residents through the Agency's affordable housing programs and projects. 53. What are the state standards for the payment of benefits? They are outlined in the Plan beginning on page 14. 54. Where can these standards be examined? Same answer as Number 53. CADocuments and Settings%sawyer\Local Settings\Temporary Internet Files\OLK7\VDACquesanswSAPF041.doc Page 7 of 17 Questions for the Agency of Relocation for the City of La Quinta (Requested by the Vista Dunes Action Committee) 55. Is there a written description of payment policy? . The payment policy is presented under Section IV, D. General Information on Payment of Relocation Benefits contained in the Relocation Plan. The City typically requires 10 working days to process check requests. Emergency situations could shorten this period. 56. What are the exact steps of the appeal process for resident grievances? Resident would submit a letter of appeal to Overland, Pacific & Cutler that would then be directed to the Community Development Director of the City of La Quinta. He would then attempt to resolve the grievance. If there were no resolution at his level, the appeal would be presented to the City Manager and the Assistant City Manager of the City of La Quinta. If the complaint were still unresolved, the grievance would then be appealed to the La Quinta City Council. 57. Who in the administration reviews the appeal? Same answer as Number 56. 58. What are their contact numbers? They all can be contacted at 760.777.7000. 59. What is the time limit to settle a dispute (10 days, 30 days, 6 months, etc.)? The first and second level appeals will receive a response within 15 days. If the complainant wishes to advance to the third level, a written request must be tendered and a time and date to make an oral presentation will be set within 30 days. 60. Are final decisions open to litigation? Yes. 61. Will benefits being offered by Overland, Pacific, & Cutler be endangered by litigation over unsettled disputes? No. 62. Who legally represents Overland, Pacific, & Cutler? CADocuments and Settin s%sa g wyer\Local Settings\Temporary Internet Files\OLK7\VDACquesansw5APR041.doc Page 8 of 17 Questions for the Agency of Relocation for the City of La Quints (Requested by the Vista Dunes Action Committee) Kathy Woolley is a Senior Project Manager authorized to speak on behalf of Overland, Pacific & Cutler regarding the relocation program for this project. The corporate officers of OPC will be provided upon request. 63. Will the City Council support the Agency's decisions as to disputes without review? The City Council and the Redevelopment Agency Board are the same people (the members of the La Quinta City Council) so the City Council will support the Agency decisions. 64. Is 30 days enough time after the Relocation Company's 1st offer to find suitable housing? This will be determined by each individual resident's needs. Some residents have indicated that they are ready to move once they have settlement offers. Others will require more time. Again the time frame will be based upon each resident's needs. 65. Will translators supplied by the Vista Dunes Action Committee be required for final negotiations with residents? Only if the residents request their participation. The Agency cannot require residents to use the services of the Vista Dunes Action Committee. It is each resident's choice. Overland, Pacific & Cutler are using bi—lingual members of their staff for resident discussions. 66. Shouldn't all the Spanish speaking residents receive their offers from Overland, Pacific, & Cutler in Spanish? Yes and their offers will be presented in Spanish. 67. If there are omissions in. the `required support data', will benefits be denied? Omissions in the "required support data" will not result in a denial of benefits but could result in a substantial reduction in relocation benefits. 68. Does the relocation company consider credit ratings when trying to find replacement housing? Overland, Pacific & Cutler offers referrals to comparable replacement housing. If the park or property owner requires a credit report, the relocatee will need to comply if the referral is selected. r " J CADocurnents and Settings\bsawyeALocal Settings\Ternporary Internet Files\OLK7\VCACquesansw5APR041.doc r Page 9 of 17 �� Questions for the Agency of Relocation for the City of La Quinta (Requested by the Vista Dunes Action Committee) 69. If a family doesn't qualify for benefits, where are they to go? Overland, Pacific & Cutler does not anticipate any families being unable to qualify for benefits. 70. What `factors' determine how much each family is eligible to receive? The "factors" are presented in Tables 9, 10, and 11 of the Relocation Plan. 71. Shouldn't the Vista Dunes Action Committee get to see the `factors' before final decisions are made? Again the general factors are presented in Tables 9, 10, and 11 of the Relocation Plan and are outlined in detail in Title 25, Chapter 6, Subchapter 1, Section 6000 et. seq., the state guidelines. 72. Is offering only 3 choices of replacement housing considered `reasonable effort'? Same answer as Number 35. 73. Will Overland, Pacific, & Cutler transport residents to other options besides the 3 suggested locations? Transportation will be provided to anyone with special needs 74. Who decides what locations are `decent' versus those that are not? Overland, Pacific & Cutler staff who are working on this project. The standards are in conformance with the applicable state and local building, plumbing, electrical, housing and occupancy codes. 75. Is living in a `decent' neighborhood a consideration? Yes. 76. Will children be forced to change schools? Yes, if their parents elect to move out of the area or if housing that fits a particular households needs cannot be found in the area. 77. Will seniors be forced into nursing facilities? Nursing facilities are usually a choice made by medical necessity. CADocuments and Settings\bsawyer\Local Settings\Temporary Internet Files\OLK7\VDACquesansw5APR041.doc 3 2 Page 10 of 17 Questions for the Agency of Relocation for the City of La Quinta (Requested by the Vista Dunes Action Committee) 78. Will job location be taken into consideration? Yes. 79. Are only `private market' dwellings considered to relocate to? All available replacement resources are considered. 80. Is there a bidding process between Real Estate Companies? The Agency is not using real estate companies to assist with relocation. Overland, Pacific & Cutler encourages relocatees to work with professional real estate firms of their choosing. 81. What is the Agency's policy on `undocumented residents'? The Agency is required to follow Federal and State laws regarding undocumented residents. The Agency is required to ask about residency status but the Agency will not be conducting background checks to determine legal residency. 82. What are the `Consequences of any choice' with respect to financial assistance? Each household is counseled regarding options to own or rent a replacement dwelling. The consequences of any choice with respect to financial assistance pertain to their benefit amount. 83. What determines those `consequences'? Renting versus owning could cause a variance in the benefit amount. 84. Are these `consequences' a result of Overland, Pacific, & Cutler's options? No. 85. What is the procedure for `Advance Partial Payment Requirements'? Overland, Pacific & Cutler will process a claim for an advance partial payment for each household once the eligibility letter and offer to purchase has been delivered. The payment will be available to assist in securing replacement housing and will be released upon verification of information related to location and pricing. �4w CADocuments and Settings%sawyeALocal Settings\Temporary Intemet Files\OLK7\VDACquesansw5APR041.doc 3,99 Pape 11 df 17 Questions for the Agency of Relocation for the City of La Quinta (Requested by the Vista Dunes Action Committee) 86. Are there additional forms to be filled out? The claim form will be prepared and processed by OPC. 87. Does Overland, Pacific, & Cutler or the Agency pay for professional movers? The Agency pays for professional movers as described in Section IV. C. 1. Residential Moving Expense Payments of the Relocation Plan. 88. Who approves the final moving bid? The Agency's Project Manager and the City's Community Development Director. It is based on the lowest of three bids obtained from bona fide moving companies. 89. Is there an appeals process for challenged bid amounts? Yes. It is the process described in the answer to question 56 above. 90. Why are Utility Connection Reimbursement costs only `eligible' and not `mandatory'? Utility connection costs, if any, are reimbursed if a professional move is chosen. Reconnection of utilities is considered included in the fixed moving payment and are not "eligible" for reimbursement. 9-1. Does moving to a new location include moving items into storage units not found in the park? M 92. Why is the `cost of actual replacement dwelling' not used versus `cost of comparable dwelling'? The cost of the actual replacement is the final figure used to calculate benefits. The cost of a comparable is used to set a maximum benefit and would be adjusted downward if the "spend -to -get" requirement is not met. r� ^0 CADocuments and Settings\bsawyeALocal Settings\Temporary Internet Files\OLK7\VDACquesansw5APR041.doc Page 12 of 17 Questions for the Aaency of Relocation for the City of La Quinta (Requested by the Vista Dunes Action Committee) 93. Is the City of La Quinta backing the financing of new homes? The City has a second trust deed mortgage program that can assist residents who purchase homes in the City of La Quinta. Residents must first be approved for'a first trust deed mortgage. Nancy Madrid of Frank Spevacek's project team runs this program for the City. She can be reached at 760.765.3070 extension 2422. Information on this City's programs will be provided to the Vista Dunes Action Committee. 94. Who is allowed to finance replacement dwellings? Any person or entity in the business of financing homes. 95. Will Overland, Pacific, & Cutler seek outside lending sources and FHA loans? Overland, Pacific, & Cutler will assist in obtaining information related to lenders and FHA loans but encourages relocatees to seek qualified mortgage lending firms to assist is the qualifying process. 96. Why are payment amounts capped by `comparable dwelling costs'? The intent of the state guidelines is to provide comparable replacement housing and payment amounts are "capped" in order to assure uniform, fair and equitable treatment. 97. If buying a new home, wouldn't the incidental costs be greater then those of a `comparable dwelling'? Yes they may be. 98. How soon does a displaced family start receiving benefits? As soon as the settlement agreements are approved by both the mobile home owner and Agency staff, with the exception of the advance partial payments. 99. If purchasing a new house doesn't the payment need to be made immediately? It may be and the Agency will work to accommodate payment needs to facilitate home purchases. 331 CADocuments and SettingftsawyeALocal Settings\Temporary Internet Files\OLK7\VDACquesansw5APFi041.doc Page 13 d 17 Questions for the Agency of Relocation for the City of La Quinta (Requested by the Vista Dunes Action Committee) 100. What are the factors that determine `Supplementary Benefits'? When comparable replacement housing is not available within the statutory limits of $5,250 for tenant residents and $22,500 for owner residents, or when a tenant or owner occupant does not meet applicable occupancy requirements, consideration is given to an amount that exceeds those limits. 101. How would an owner/occupant not meet `Applicable Occupancy Requirements'? If there is overcrowding. 102. What factors control the Agency's decision? Same answer as Number 100. 103. Does the State or County monitor the Agency's `property management practices'? The State does but only acts when complaints are filed. 104. Does the Agency take responsibility for poor conditions found in the Park, even though they were created by the previous owner? No. The Agency will not own the Park until May, but is working with the current property owner to address unsafe conditions.- Mobile home parks are regulated by the State and not by the City. Thus the City and the Agency have not been able to require the current owner to improve the Park. 105. Does withholding rent from the Park Management and depositing money into Escrow account cause eviction? The Park management will enforce the existing procedures regarding payment of space rents and utility costs. Failure to pay rent could jeopardize or delay the payment of relocation benefits. 106. What are `Emergency Circumstances' for eviction? A natural disaster such as an earthquake or fire that leaves the Park in a condition that would be unsafe to occupy. CADocuments and Settings%sawyeALocal Settings\Temporary Internet Files\OLK7\VDACquesansw5APR041.doc Page 14 of 17 Questions for the Agency of Relocation for the City of La. Quinta (Requested by the Vista Dunes Action Committee) 107. Will Overland, Pacific, & Cutler, the Agency, and the City of La Quinta Council answer all questions before final approval? We are attempting to do so in this response. 108. Can the appeals process slow the project timeline to give residents all the facts in a concise and understandable way? The appeals process will not produce the facts the residents may need. Additional meetings with the Overland, Pacific & Cutler staff, and the acquisition staff, should generate answers to resident questions. Every attempt will be made to present them in a concise and understandable way. 109. How much will it cost to relocate 90 families? As stated in the Relocation Plan the relocation cost estimate is $3,300,000. 110. How much will it cost to build 82 `stick built' homes? Not including the cost to acquire the Park ($2.6 million) or relocation costs ($3.3 million), the total cost to design, permit and build the homes is projected to be $10,733,551. 111. Will Overland, Pacific, & Cutler, the Relocation Agency, and the Council of the City of La Quinta work with the Vista Dunes Action Committee to help all 90 families receive better living conditions and an improved standard of living? Yes. They all are committed to do so. 333 CADocuments and Settings\bsawyer'\Local Settings\Temporary Internet Files\OLK7\VDACquesansw5APR041.doc Page 15 of 17 Questions for the Agency of Relocation for the City of La Quinta (Requested by the Vista Dunes Action Committee) 112. Where and who does the sizable remainder of the $19 million planned for the Relocation Program go to? Here is the budget for the total project. Acquisition/Relocation/Clearance site acquisition 2,600,000 relocation 3,300,000 coach disposal/demolition 400,000 $ 6,300,000 Design/Engineering/Relocation/Project Management architect/land planning 100,000 landscape architect 75,000 engineering 130,000 electrical consultant 50,000 utility consultant 25,000 soil s/geotechnical 20,000 coach appraiser 50,000 relocation consultant 287,000 coach acquisition consultant 90,000 project/development management 250,000 permits/fees 1,234,633 $ 2,311,633 Improvements grading 251,918 erosion control 30,000 streets 520,000 utilities 720,000 perimeter walls 297,000 landscape and common facility 780,000 off -sites _ $ 2,598,918 Building Improvements modular home construction/installation $ 6,250,000 Contigency contingency @ 8.50% $ 1,514,449 TOTAL $ 18,9759000 334 CADocuments and Settings\bsawyer\Local Settings\Temporary Internet Fi1es\0LK7\VDACquesansw5APR041 Am • Page 16 of 17 Questions for the Agency of Relocation for the City of La Quinta (Requested by the Vista Dunes Action Committee) CADocuments and SettingsUawyeALocai Settings\Temporary Internet Files\OLK7\VDACquesansw5APR041.doc 335 Page 17 d 17 OF 'T9 COUNCIL/RDA MEETING DATE: April 6, 2004 AGENDA CATEGORY: ITEM TITLE: Consideration of Adoption of a Resolution for BUSINESS SESSION: a -- Street Name Change 2003-016, to Change the Name of CONSENT CALENDAR: Village Club Drive to Hideaway Club Drive and Village Club Place to Via Mirasol. Applicant: ND La Quinta STUDY SESSION: Partners PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council approving Street Name Change 2003-016. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Site Background These existing streets are within the first phase of the Hideaway residential development on the east side of Jefferson Street, north of PGA West (Attachment 1) . Village Club Drive, which the applicant wishes to change to Hideaway Club Drive, is their main street entry into the project from Jefferson Street. Their clubhouse and other primary recreational facilities will be located on this street. The applicant also wishes to change Village Club Place, a street adjacent to, and connecting to Village Club Drive, which was originally intended to be developed as a model complex area to Via Mirasol. 336 S:\CITYMGR\STAFF REPORTS ONLY\B5 SNC 016.DOCc Applicable Code Provisions The Municipal Code permits an applicant to request a street name change. The request requires a public hearing before the Planning Commission with final approval by the City Council. Required is the written concurrence of at least 60% of the affected property owners along the street in question. In this case the applicants own all of the property adjacent to the streets in question. Request The applicant submitted this request to change the two street names as noted above in order for the street names to be consistent with the architectural theme of the project. Planning Commission Review The Planning Commission reviewed this request at its meeting of March 9, 2004 and adopted Resolution 2004-017, recommending approval of the street name change (Attachment 2). Environmental Consideration This street name change has been determined to be exempt from California Environmental Quality Act requirements under the provisions of Section 15301, Class One. Therefore, no further environmental review is deemed necessary. FINDINGS AND ALTERNATIVES: The findings to approve the street name change can be made as noted in the attached Resolution. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the street name change; or 2. Do not adopt a Resolution of the City Council approving the street name change; or 3. Provide staff with alternative direction. Respectfully submitted, Hernia munity Development Director 337 41 S:\CITYMGR\STAFF REPORTS ONLY\B5 SNC 016.DOCdoc Approved for submission by: 6 z'�4g Thomas P. Genovese, City Manager Attachments: 1. Location Map 2. Planning Commission minutes for the meeting of March 9, 2004 S:\CITYMGR\STAFF REPORTS ONLY\B5 SNC 016.DOCdoc 338 ()3 RESOLUTION 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A STREET NAME CHANGE FROM VILLAGE CLUB DRIVE TO HIDEAWAY CLUB DRIVE AND VILLAGE CLUB PLACE TO VIA MIRASOL CASE NO.: STREET NAME CHANGE 2003-016 APPLICANT: ND LA QUINTA PARTNERS WHEREAS, the City Council of the City of La Quinta, California, did on the 6th day of April, 2004, consider a street name change as requested by ND La Quinta Partners; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 9th, day of March, 2004 unanimously recommended approval of Street Name Change 2003-016 by adoption of Resolution 2004-017; and WHEREAS, said street name change has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended by Resolution 83-68, in that the Community Development Department has determined that the proposed street name change is categorically exempted pursuant to Section 15301(Class 1) of the guidelines and no further review is deemed necessary; and WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify approval of Street Name Change 2003- 016: 1. The change would not detrimentally affect owners and tenants along the affected streets since all of the affected properties are owned by the applicant. 2. More than 60% of the affected property owners have agreed to the street name change as required by Municipal Code Section 14.08.020. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. The above recitations are true and correct and constitute the findings of the City Council in this case; 2. The City Council does hereby approve Street Name Change 2003-016 per the attached Conditions of Approval and Exhibit A; PAstan\hideaway\snc 2003-016 cc res.doc 33,9 n 4 City Council Resolution 2004- Street Name Change 2003-016 ND La Quinta Partners Adopted: April 6, 2004 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 6th day of April, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California P:\stan\hideaway\snc 2003-016 cc res.doc 34 0 ' 5 Planning Commission Minutes March 9, 2004 V. PbWLIC HEARINGS: A"ff A04&*Jff 2 COPY A. treet Name Change 2003-015; a request of La Quinta polo Partners for c\ea a street name change .from Beth Circle to Norris Drive for thd west of Madison Street, south of Avenue 51 1rmed the Commission the applicant had requested a ce of the project. It was moved and. seconded by oners Abels/Tyler to continue Street Name Change , as recommended. Unanimously approved. B. Street Name Change 2003-016; a request of ND La Quinta Partners for consideration of a street, name change from Village Club Drive to Hideaway Club Drive and Village Club Place to Via Mirasol located within the Hideaway .project on the east side of Jefferson Street, north of Avenue. 54. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the report a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. There being . no questions of staff, Chairman Kirk asked if the applicant would like to address the Commissioner. The applicant stated he was available to answer any questions. 3. There being no further questions, and no other public comment, Chairman Kirk closed the public participation portion of the hearing. 4. It was moved.and seconded by Commissioners Quill/Tyler to adopt Planning Commission Resolution 2004-018 approving Street Name Change 2003-01.6, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. C.\ Environmental Assessment 2004-499 and Tentative Tract Map 32117; a equest of Quarry Ranch L.L.C. for consideration of certification of a igated negative Declaration of environmental impact and the re - sub 'vision of 6.32 acres into 13 residential lots for the property located on the est side of Jefferson Street, south of Quarry Lane. 3 43 la F �1. T 1.14KC OATfP � OF T�9 COUNCIL/RDA MEETING DATE: April 6, 2004 ITEM TITLE: Consideration of the Appointment of a Member of the City Council to the Coachella Valley Animal Campus Commission RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION; PUBLIC HEARING: Appoint a member to serve as the City of La Quinta representative on the Coachella Valley Animal Campus Commission. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the City Council meeting of October 17, 2003, Council Member Ron. Perkins was appointed to serve as representative of the City of La Quinta to the Coachella Valley Animal Campus Commission. At the March 16, 2004 meeting, Council Member Perkins asked the City Council to appoint someone else to serve on that Commission. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appoint a Member of the City Council to serve on the Coachella Valley Animal Campus Commission; or 2. Do not appoint a Member of the City Council to serve on the Coachella Valley Animal Campus Commission; or 3. Provide staff with alternative direction. Respectfully submitted, Ju e S. Greek, City Cler Approved for submission by: - , I-SMA 9;'A;�O Thomas P. Genovese, City Manager 2 345 COUNCIURDA MEETING DATE: April 6, 2004 ITEM TITLE: Consideration of Participation in the Waste -To - Wonders Art Challenge to be Held May 14-31, 2004 as Requested by S.C.R.A.P. RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: If Council deems it appropriate, an expenditure between $1,000 and $5,000 would be appropriated from the AB939 Community Promotion Fund (101-6002-463-33-22). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council has participated financially in the Waste -to -Wonder Challenge beginning in 1997. In January, 1997 Council contributed $2,500 as a one-time contribution and ask that the project be reviewed during the budget process. Again in October, 1997 $2,500 was appropriated from the Community Promotions Fund and requested they submit the necessary paper work to receive funds and be required to report at the end of the fiscal year. In September 1998, $2,500 was appropriated. In 2002 and 2003 Council appropriated $1,000 from the Student Creative Recycle Art Program (SCRAP) to assist the Waste -To -Wonder Art Challenge. SCRAP is once again requesting assistance/participation for the 2004 Waste -To - Wonder Art Challenge (Attachment 1). The following suggestions are offered as methods of showing the City's support for this year's program: 346 G:\WPDOCS\CC STF RPTS\SCRAP.DOC • Major sponsorship • Contributions toward cash prizes and event expenses • Opening night ceremony • Appointment of a City representative to the planning or judging committee • Attendance at the event Currently, there is $10,000 available in AB939 Community Promotion Fund for promoting recycling that could be directed toward this program should the City Council make that determination. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize an expenditure between $1,000 and $5,000 for City sponsorship from AB939 Community Promotion Fund (101-402-605-542); or 2. Do not participate in the program; or 3. Provide staff with alternative direction. Respectfully submi ierman J unity Development Director Approved for submission by: • 00 Thomas P. Genovese, City Manager Attachment: 1. Letter of Request from SCRAP 347 G:\WPDOCS\CC STF RPTS\SCRAP.DOC The Honorable Don Adolph City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Dear Mayor Adolph, The Waste -to -Wonders Art Challenge is the annual fund raiser for the S.C.R.A.P. Gallery (Student Creative Recycle Art Program). This event highlights. the artistic en- deavors of valley artists who work with recycled and/or found materials in Sculpture and Collage. The 2003 Waste -to -Wonders Art Challenge was held at the River in Rancho Mirage. (Please see enclosed brochure.) We hope you were one- of the hundreds of people who had the opportunity to see it and to see the City of La Quinta prominently displayed as a major sponsor. In order to make this event accessible to all people in the Coachella Valley, the 2004 Waste -to -Wonders Art Challenge will be held at the Palm Desert Public Ubrary. The opening night awards ceremony will be held on May 14th and the exhibit will remain there through May enabling school- field trips and library visitors to enjoy the exhibit as well as the recycling message. Although the S.C.R.A.P Gallery has received many local and state awards, 2003 saw our first prestigious national. honor from the National Resources Council for our School Field Trip program. As always, the Waste -To -Wonders An Challenge is free to the public. Prize money is obtained through sponsorship. Proceeds from this event will benefit the S.C.R.A.P., Gallery's recycling and environmental education program for all students • in the Coachella Valley. Your 2003 contribution of $1000 helped educate and encourage families and businesses in the valley to recycle. A contribution of $1,000 to $5,000 will put you in the major sponsor category. It will go towards .cash prizes, event expenses and. S.C.R.A.P. Gallery programs. Appoint- ing your representative to the planning or judging committee and publicizing the event fn your publication would also be helpful. Your attendance at our Opening Night Awards Ceremony would be the icing on the cake. As Robert Menifee said in the July 2003 Desert Sun Magazine, `it's a simple, unsci- entific fact that association with the arts opens up all kinds of creative chromosomes that influence all aspects of life for the better. So, when a local, non-profit group sees the need for artistic expression AND teaches kids about protecting the environ- ment, it's time for a pat on the back.' Please feel free to contact the S.C.R.A.P. Gal- lery at 863-7777 for more details on how you can participate. Sincerely, Karen Riley Executive Director Marilyn lassman President The S.GRJLP. Wery is a Sol W (3) soa ra it or 4simtka 4 �j w 001 OF T9 COUNCIL/RDA MEETING DATE: April 6, 2004 ITEM TITLE: Consideration of Approval of a Golf Course Management Agreement with Landmark Golf Management to Provide Golf Course Management Services for SilverRock Resort RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Funds for payment of management and operations expenses of SilverRock Resort's first golf course, scheduled to open January 2005, will be accounted for in the Fiscal Year 2004-2005 budgeting process. Landmark Golf Management is required to submit, within 30 days from the Effective Date of the Golf Course Management Agreement ("Agreement"), an annual operating budget ("Annual Plan") that, subject to approval by the City Council, will fund golf course operation. The compensation to Landmark Golf will be $90,000 annually for management services. For other golf course operating expenses, the City shall advance $250,000 ("the Advance") to pay for the first month of golf course expenses. Landmark may use the Advance as necessary to pay any golf course expenses authorized under the Agreement until Landmark has received reimbursement from the City. Upon receipt of the Advance from the City, Landmark shall open a bank account in its name and replenish the $250,000 Advance from the City to its full amount from the City repayments. The revenues of the Golf Course shall be owned by the City and will be deposited daily into a yet to be established City bank account. It is important to note that, according to our legal counsel, Rutan & Tucker LLP, the Advance to the operator. for use as operational "seed money" is at risk of loss should there be 349 unforeseen financial problems with the golf course operator including, but not limited to, the filing for bankruptcy. For Fiscal Year 2004-2005, the estimated cost for six months of operation is $45,000 for management fees and approximately $1,000,000 for operation expenses. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council authorized distribution of a Request for Proposals (RFP) for Golf Course Management Services at its November 4, 2003 meeting. The RFP outlined desired services including pre -opening tasks to monitor construction and supervise "grow -in" and, after opening, day-to-day maintenance and operational services. The City received twelve proposals. Six firms were interviewed by the Consultant Selection Committee. The Committee ranked the firms and recommended three for follow-up interviews with the City Council, including Troon Golf, OB Sports, and Landmark Golf Management. On December 16, 2003, the City Council authorized invitations to the aforementioned three firms, and interviewed them on January 9, 2004. Following the interviews, the City Council authorized staff to negotiate contracts with Landmark Golf Management, LLC. The contract negotiation process was protracted because Landmark Golf requested modifications to the contracts contained within the RFP including the contracts for a "Management Agreement" and for a "Professional Services Agreement." The requested modifications focused on termination and indemnification language, equipment ownership, force majeure, performance evaluation criteria, and advancement of funds. These issues have now been resolved as represented in the attached documents. The management term shall commence upon the issuance of a notice by the City Manager to Landmark that the golf course construction and development has been completed and that the City has decided to open and operate the golf course. The management term and this agreement shall end on the fifth (5t") anniversary of the management term commencement date; provided, however, the management term may be terminated by the City, in its sole discretion, without penalty or cause at the end of the third year of the management term if such earlier termination is deemed necessary in the reasonable opinion of Bond Counsel to maintain the tax exempt status of municipal bonds issued to fund a portion of the golf course pursuant to Section 2 350 1.141-3(b)(4) of the Regulations promulgated pursuant to the Internal Revenue Code of 1986, as amended, Revenue Proclamation 2001-31 and other relevant statutes, regulations and proclamations. If the Notice of Completion is not issued for any reason, the management term shall not commence and neither the City nor the Manager shall possess any right, obligatory duty, or privilege pursuant to this Agreement. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Golf Course Management Agreement with Landmark Golf Management, LLC; or 2. Do not approve the Golf Course Management Agreement with Landmark Golf Management, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: K10 Thomas P. Genovese, City Manager Attachments: 1. Landmark Golf Management Proposal 2. Golf Course Management Agreement 3 351 LANDMARK Golf Company Advisory Board Robert Wagner Chairman Johnny Bench Rick Dees Bill Devane John Elway Larry Gatlin Ed Marinaro Dr. Gil Morgan Don Ohlmeyer Mike Shanahan ATTACHMENT 1 Landmark November 26, 2003 Mr. Mark Weiss, Acting Executive Director La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, CA 92253 Re: SilverRock Ranch Management RFP Dear Mark, Thanks for your letter dated November 21, 2003 and your and Roy Stephenson's time after the Mandatory Pre -Proposal Meeting held November 19, 2003. Ed Schiller and I appreciated the opportunity to talk openly in person. We have reread the RFP and .the Golf Course Management Agreement and read the attachment to your letter - the City Ordinance and Resolution. With this information in mind, Landmark's approach reflected in our response to the RFP dated November 7, 2003 is to provide the most economical arrangement possible for the City. We acknowledge up front that we are presenting an economic approach to the RDA while maintaining the highest level of quality service. We request that our proposal be considered; we are passing on Landmark's savings to the City. Landmark is not only proven as qualified to operate your golf facility if selected as Manager, Landmark's management from the top down is local and available full- time, year round. Our local presence is what creates a major part of our reduced costs that are passed on to SilverRock Ranch. There will not be costs of the following nature; therefore a reduction in costs to the RDA as a result of Landmark's local management: ❑ Travel expense ❑ Housing ❑ Mileage ❑ Meals ❑ Phone bills ❑ Travel time Landmark is known nationwide for its cost-effective, quality golf operations and for 32 years of leadership in this desert. 74-947 Highway 111 • Suite 200 • Indian Wells, California 92210 Phone (760) 776-6688 • Fax (760) 776-6686 www landmarkgolf.corn 4 4 35� The economics of Landmark's proposal are straightforward. o Upon execution, Landmark will begin its contracted duties immediately and give input to the completion of grow -in free of charge. o Upon opening of the first golf course, Landmark will be paid a total of $7,500 per month. • Upon the beginning of construction of the second golf course, Landmark's monthly fee will increase to $12,500. o Upon the opening of the second golf course, Landmark's monthly fee will increase to $14,000. v At the one-year anniversary date from opening of the second golf course, Landmark's monthly fee will increase to $16,000. o At the two-year anniversary date from opening of the second golf course, Landmark's monthly fee will increase to $18,000. Landmark has many reasons for desiring to be involved with the City of La Quinta and SilverRock Ranch but none are more important than "success through quality golf. » We are available to discuss the proposal above. Your contact throughout. this. process will be either ,one of the signatures below. Either of us can be reached at :the: follow numbers and address: . Phone (760) 776-6688 — Fax (760) 776-6686 y Landmark Golf Management 74-947 Hwy 111,- Suite 200 Indian Wells, CA 92210 Yours truly, oe Walser, Jr. Executive Vice President Ed Schiller Vice President of Operations 5 353 RFP Response - SilverRock Ranch TABLE OF CONTENTS PART I -EXECUTIVE SUMMARY ................. 1 ................. PART II — COMPANY OVERVIEW ........................................ 1 PART II - REQUIRED CONTENTS OF PROPOSAL ............. 2 o Statement of Qualifications .......................... 2 1. List of Project Personnel 3 ■ Ernie Vossler 3 ■ Joe Walser Jr. 4 ■ Edward Schiller 8 ■ Judy Vossler 13 II & III. Experience and Contracts 13 IV. Financial Stability 15 V. Public Agency Experience 16 ❑ Project Understanding and Approach........... 16 o Scope of Services 16 ......................................... REFERENCES 20 PREPARED BY: LANDMARK GOLF MANAGEMENT 354 CJ RFP Response - 8ilverRock Ranch Executive Summary Landmark Golf Management ("Landmark") is pleased to submit this proposal for management services at SilverRock Ranch for the City of La Quinta. Landmark believes that our proven track record of successful, highest quality management services will be of great value to the City of LaQuinta. Landmark Golf Company is a golf management, Real Estate development, and consulting company based in Indian Wells, California. Ernie Vossler and Joe. Walser formed their initial company, Unique Golf Concepts in 1971. Landmark Land Company purchased Unique Golf Concepts in 1974, and both gentlemen oversaw the tremendous growth of the company and projects such as PGA West, LaQuinta Hotel Golf and Tennis Resort, Oak Tree Golf Club, Kiawah Island, Carmel Valley Ranch, Palm Beach Polo and Country Club and Mission Hills Country Club. The company offers Real Estate master planning, golf course architecture, golf development and management services to a select number of clients seeking the same quality and high standards that were evident at the projects listed above. Landmark's decades of experience and vast network allow us to attract and retain the qualified talent necessary to operate our clients' facilities in only a first class manner. Landmark employs a number of PGA Golf Professionals and Golf Course Superintendents Association of America Member Superintendents. Our facilities currently under management range from daily fee to private country clubs. Landmark executives have experience managing all types of golf facilities, from resort, daily fee and to private clubs. Company Overview A few companies today stand out in the golf course development and management business. Landmark's principals have proven time and again how to create and manage successful golf facilities, real estate operations, and resort amenities. We have formed a team of talented and very experienced individuals, all with backgrounds in the golf and development business that share a passion for providing quality, professional management services for our clients. Our commitment to quality is the cornerstone by which we have achieved our success as a management and development company. We are committed to providing the best possible golf experience for each guest of our clubs, and we are committed to our owners to develop and operate the very best facility in the market place with the assets available. Guests who visit Landmark managed facilities come away with a memorable Landmark experience. Landmark was the first golf company to successfully bundle club services and charges in the 70's and 80's. We didn't feel that club members and guests should be subjected to the typical "nickel and dime" mentality of the average clubs and courses. By including range balls, lockers, carts and other services in one price, our club members and guests of our daily fee courses were able to experience a memorable day of golf for one price. This was the beginning of the Landmark _s PREPARED BY: LANDMARK GOLF MANAGMENT 7 355 RFP Response - SilverRock Ranch experience. From the very highest standards in customer service to the identity established by the Oak Tree Logo, Landmark set the bar for others to emulate. We believe that two of the most important factors that keep bringing guests to our facilities are great service and excellent golf course conditions. Landmark has developed the highest levels of customer service at our managed facilities, and also the very best possible playing conditions for the available budget and marketplace. We feel that by applying our standards of operating excellence, La Quinta residents and other golfers will have nothing but the best experience at SilverRock Ranch. Today, we know we have achieved our goals and honored our commitments when the guests who have played our clubs leave with a great sense of satisfaction and enjoyment from their golf experience, the Landmark experience. Additional benefits: 1. Landmark has secured agreements with large national vendors offering significant discounts and rebates on golf shop merchandise, food and beverage items, food and beverage equipment, FF&E items for clubhouse and maintenance, fertilizer, irrigation parts, golf carts and maintenance equipment. 2. Ability to acquire the necessary talent to operate your facilities by using our vast network of talent built by our decades of experience in the golf business. 3. Knowledge of necessary agronomic practices in the market. 4. Ability to execute effective. marketing and promotional plans in order to build awareness. 5. Access to the network of experienced, specialized consultants for additional third -party validation of solutions to problematic challenges. In summation, Landmark Golf Management is confident in our abilities to apply our time tested methods and many years of experience to provide a first class golf facility and services that guests find enjoyable, memorable, and affordable. We will work hard to earn your trust and respect as your golf operator. Landmark Golf Management will k add significant value to SilverRock Ranch. i REQUIRED CONTENTS OF PROPOSAL A. Statement of Qualifications: I. Project Personnel: This proposal is submitted by Landmark Golf Management, LLC, formed as a California Limited Liability Company. The Company has its corporate headquarters in Indian Wells, California. The same individuals, who produced golf and resort projects with worldwide reputations of excellence for Landmark Land Company, Inc., from 1974 to 1992, formed the present company in 1992. ftWAMD W: LMDKAM GIOLY MAI(AaE1[EI(T RFP Response - SilverRock Ranch The principals of Landmark Golf Company are: Ernest O. Vossler Joe Walser, Jr. Johnny Pott Andy Vossler Other corporate executives are: Ed Schiller Tony Campanaro Tom Gilliam Ed Gerlach, ASLA Judy Vossler Eddie Vossler Owner/President Owner/Executive Vice President Owner/Senior Vice President OwnerNice President Vice President of Operations Director of Merchandising Chief Financial Officer Director of Design Director of Marketing and Tournament Operations Acquisitions/Finance Joe Walser is in charge of operational matters concerning our managed facilities. Ed Schiller will be the corporate operations contact for the City of La Quinta, and he will be responsible for all aspects of operations at SilverRock Ranch. The respective project's General Manager will report to the Vice President of Operations, Ed Schiller. Please refer to the attached resumes for further biographical information on Ernie Vossler, Joe Walser and Ed Schiller. Johnny Pott, Senior Vice President is responsible for the Design and Construction Management Department. Johnny was a successful PGA TOUR player from 1957 to 1972, winning five Tour tournaments and has been an integral part of the Landmark ' team since 1970. Tony Campanaro, Director of Merchandising, is responsible for the successful marketing of merchandise of the golf retail outlets. Tom Gilliam, Chief Financial Officer, has oversight of all accounting and audit functions related to our managed facilities. One of Landmark's distinct advantages over other firms is our direct access to two of the golf industry's proven leaders: Ernie Vossler and Joe Walser. They have hand picked their corporate staff based upon honesty, integrity, commitment to excellence, and proven experience. These two individuals are icons in the industry and are available at any time to ensure that collectively, we all have the information to make the right recommendation related to your assets. Resume of Key Operations Employees and related experiences: PREPARED BY: LANDMARK GOLF MANAGEMENT 9 357 RFP Response - 8ilverRock Ranch Ernie Vossler, President Ernie Vossler began his golf career as a member of the high school golf team in Ft. Worth, Texas. Growing up in Ft. Worth, it was natural for Vossler to become acquainted with Ben Hogan and Byron Nelson', both of whom wrote letters on his behalf so that he could join the PGA TOUR. As a TOUR member, Vossler won five times between 1955 and 1962. In 1961, to provide stability for his growing family, he accepted the position as Head Golf Professional at a planned new country club development in Oklahoma City, stopped actively playing on the TOUR and joined the development team, which successfully completed Quail Creek Golf and Country Club. Vossler remained at Quail Creek for 12 years. During that time, he was named PGA National Club Professional of the Year for outstanding abilities as an operator and teacher. Many of his former students became successful PGA and LPGA TOUR players. In 1971, with partner Joe Walser, Jr., Vossler formed Unique Golf Concepts, Inc. to create golf developments: Together they built Marsh Island Golf Club in Ocean Springs, Mississippi; The Cardinal Club in Greensboro, North Carolina; and Oak Tree Golf Club in Edmond, Oklahoma. Vossler, with knowledge of great golf locations from his years on the PGA TOUR, acquired options for land in La Quinta and Carmel, California. Those properties became La Quinta Hotel Golf & Tennis Resort and Carmel Valley Ranch. In 1974, Unique Golf Concepts, Inc. was purchased by Landmark Land Company, Inc. Vossler continued to oversee land acquisition for projects such as PGA WEST, Moreno Valley Ranch and Oak Valley along with the purchase and expansion of Mission Hills Country Club. Developments that . achieved national prominence while he was with Landmark Land Company, Inc., include La Quinta Hotel Golf & Tennis Resort, Mission Hills Country Club, PGA WEST, Oak Tree Golf Club, Oak Tree Country Club, Moreno Valley Ranch, Carmel Valley Ranch, Palm Beach Polo and Country Club and Kiawah Island. After Landmark Land, in 1993 Vossler started Landmark Golf Company, reassembled key staff members and set up a golf course design, construction and management firm. Landmark immediately began acquiring land for project development and signed management contracts for operating golf facilities. As President and Principal in Charge of Oak Tree Golf and Development, Ernie oversees the general performance of the company and ensures that all needed resources are provided. Recently, he was inducted into the Southern California PGA Hall of Fame. Landmark is located in Indian Wells, and Ernie Vossler is a .30-year resident of La Quinta, California. Joe Walser, Jr. Owner / Executive Vice President - Joe Walser began his golf career as a member of his high school golf team in Oklahoma City, Oklahoma, playing on the team that won three straight State High School Championships. Walser graduated from Oklahoma State University and participated on the golf team with a full scholarship. He competed as #1 man on the team winning several conference championships. He won the Oklahoma State Amateur and the Oklahoma Open. He competed on PGA TOUR for two years and decided to ftzpAMD BY: LMDMAM GOLF T . 358 RFP Response - 8ilverRoci Ranch leave the TOUR after a wrist .injury. The responsibility of a wife and three children also contributed to his decision. He then started a 15-year career as a club golf professional. He was President of the South Central Section of the PGA of America for two consecutive years and represented his section on the PGA of America Board of Directors for two terms. He won the Horton Smith Award, a national award for the person recognized as giving the most to the education of fellow professionals. In 1971, with Ernie Vossler, Walser formed Unique Golf Concepts, Inc. to create golf developments. Together they built Marsh Island Golf Club in Ocean Springs, Mississippi; The Cardinal Club in Greensboro, North Carolina; and, Oak Tree Golf Club in Edmond, Oklahoma. Walser, along with Vossler, using their knowledge of great locations from their years on the PGA TOUR, acquired options for land in La Quinta and Carmel, California. Those properties have become La Quinta Hotel Golf & Tennis Resort and Carmel Valley Ranch. In 1974, Unique Golf Concepts, Inc. was purchased by Landmark Land Company, Inc. Walser was Senior Vice President of Landmark Land Company, Inc. for 18 years where he was in charge of all golf operations, golf course design and golf course construction. These courses include PGA WEST in La Quinta, California which hosted the Bob Hope Chrysler Classic and where the Skins Game was held for six years; Oak Tree Golf Club in Edmond, Oklahoma which hosted the 1994 U.S. Amateur and the 1988 PGA Championships; Kiawah Island Golf Resort, South Carolina which hosted the 1991 Ryder Cup matches; La Quinta Hotel Golf Club in La Quinta, California which held the World Cup and Senior Skins Game; Mission Hills Country Club in Rancho Mirage, California which held the World Cup and hosts the Nabisco Dinah Shore; Carmel Valley Ranch, Carmel, California and the Palm Beach Polo Club, Palm Beach, Florida. From 1992 to 1996 Walser worked for the PGA TOUR as Chief Operating Officer of PGA TOUR Golf Course Properties, Inc. overseeing the operations of 20 Tournament Players Clubs (of which 12 host PGA TOUR events), PGA TOUR Design Services, Inc. and PGA TOUR Construction Services, Inc. Walser also represented the PGA TOUR at all PGA of America Board Meetings. In 1996 Walser rejoined his business partner Ernie Vossler and Landmark Golf Company. Walser serves as the Executive Vice President of Landmark Golf Management and oversees all of the company's operations. Landmark is located in Indian Wells, and Joe Walser is a long-time resident of La Quinta, California. Detail Resume, Joe Walser: PROFESSIONAL EXPERIENCE Landmark Golf Company Owner / Executive Vice President PREPARED BY: LANDuARK GOLF MANAGMENT 1996 to Present 11 359 RFP Response - 3ilverRock Ranch Indian Wells, California Joe Walser, Jr. has a name and reputation that are unparalleled in Golf in America. Walser's myriad of experiences in the golf industry spans over 40 years. Today, as Executive Vice President of Landmark Golf Company, Walser's diverse expertise is focused on land acquisitions, real estate development, master planned golf communities, golf project construction, golf club operations, membership plans and golf tournament management. PGA TOUR Chief Operating Officer Ponte Vedra Beach, Florida 1992 to 1996 From 1992 to 1996 Walser worked for the PGA TOUR as Chief Operating Officer of PGA TOUR Golf Course Properties, Inc. overseeing world wide operations of 20 Tournament Players Clubs (of which 12 host PGA TOUR events), PGA TOUR Golf Course Design Services, Inc. and PGA TOUR Construction Services, Inc. Walser also represented the PGA TOUR at all PGA of America Board Meetings. Landmark Land Company, Inc. Senior Vice President La Quinta, California 1974 to 1992 In 1974, Unique Golf Concepts, Inc.,.was purchased by Landmark Land Company, Inc. Walser was Senior Vice President of Landmark Land Company, Inc. for 18 years where he was in charge of all golf operations, golf course design and golf course construction. These courses include PGA West in La Quinta, California which has hosted the Bob Hope Chrysler Classic and where the Skins Game was held for seven years; Oak Tree Golf Club in Edmond, Oklahoma which hosted the 1994 U.S. Amateur and the 1988 PGA Championships; Kiawah Island Golf Resort, South Carolina which hosted the 1991 3 Ryder Cup matches; La Quinta Hotel Golf Club in La Quinta, California which held the World Cup and Senior Skins Game; Mission Hills Country Club in Rancho Mirage, California which held the World Cup and hosts the Nabisco Dinah Shore; Carmel Valley Ranch, Carmel, California and the Palm Beach Polo Club, Palm Beach, Florida. Unique Golf Concepts Senior Vice President (Co Founder) La Quinta, California 1971 to 1974 In 1971, with Ernie Vossler, Walser formed Unique. Golf Concepts, Inc., to create golf developments. Together they built Marsh Island Golf Club in Ocean Springs, Mississippi; The Cardinal Club in Greensboro, North Carolina; and, Oak Tree Golf Club in Edmond, Oklahoma. Walser, along with Vossler, using their knowledge of great locations from their years on the PGA TOUR, acquired options for land in La Quinta and Carmel, California. Those properties have become La Quinta Hotel Golf & Tennis Resort and Carmel Valley Ranch. PmwmmD BY: LAMDMARM GOLF MAMAGSMZNT 360 12 RFP Response - SilverRoci Ranch General Manager and Director of Golf at Altus Country Club, Altus, Oklahoma (three years) General Manager and Director of Golf at Lake Hefner Golf Club, Oklahoma City, Oklahoma (six years) Director of Golf at Oklahoma City Golf and Country Club, Oklahoma City, Oklahoma (five years) EDUCATION Oklahoma State University, Stillwater, Oklahoma Bachelors Degree, Education - Attended on a full scholarship Capital Hill High School, Oklahoma City, Oklahoma ACHIEVEMENTS PGA of America Board Member, National Vice -President 1968 to 1970 and 1983-84 PGA of America Horton Smith Award 1970 Played on the varsity golf team Played #1 on the golf team for three years Undefeated in match play for three years Won conference championship two years Won Oklahoma State Amateur Championship Won Oklahoma Open Won over 25 miscellaneous amateur events Played the PGA TOUR 1959-1960 Golf Projects that Ernie Vossler and Joe Walser, Jr. : Have .Planned/Constructed/Owned/Operated Quail Creek C.C. Oklahoma City, OK Oak Tree Country Club Oklahoma City, OK ° The Cardinal Greensboro, NC y La Quinta Hotel Golf & Tennis Resort La Quinta, CA Carmel Valley Ranch Carmel, CA Belle Terre Country Club La Place, LA Mission Hills Country Club Rancho Mirage, CA PGA West La Quinta, CA Palm Beach Polo & Country Club West Palm Beach, FL 3 Moreno Valley Ranch Moreno Valley, CA Kiawah Island Kiawah Island, SC Oak Valley Golf Club Beaumont, CA The Plantation Indio, CA Las Vegas Paiute Resort Las Vegas, NV Mission Hills Resort Guan Lan Town, Shenzhen, China Oak Valley S.C.P.G.A. Beaumont, CA Landmark Golf Club Indio, CA Landmark Golf Club at Oak Quarry Riverside, CA Golf Club of California Fallbrook, CA Landmark at Hemet Golf Club Hemet, CA The Ranch at Silver Creek San Jose, CA 13 PREPARED sY: LANDMARK GOLF MANAG MENT 361 RFP Response - SilverRock Ranch Golf Projects Joe Walser, Jr. Has Planned/Constructed/Operated Altus Country Club Altus, OK Quail Creek Country Club Oklahoma City, OK Lake Hefner Golf Course Oklahoma City, OK Oklahoma City Golf & Country Club Oklahoma City, OK Chief Operating Officer 1992 to 1996 PGA Tour Golf Course Properties, Inc. TPC — Summerlin Las Vegas, NV TPC — Sawgrass Ponte Veden, FL TPC — Scottsdale Scottsdale, AZ TPC — Michigan Dearborn, MI TPC — Avenel Potomac, MD TPC - Tampa Bay Lutz, FL TPC - Eagle Trace Coral Springs, FL TPC - Piper Glen Charlotte, NC TPC — Prestancia Sarasota, FL TPC — Southwind Memphis, TN TPC - River Highlands Cromwell, CT TPC — Jacksonville Jacksonville, FL TPC - Heron Bay Coral Springs, FL TPC - Jasna Polona Princeton, NJ TPC — Sugarloaf Atlanta, GA Edward J. Schiller, Vice President of Operations Edward J. Schiller's career started in 1986 with Landmark Land Company of California, at Mission Hills Country Club, as the Assistant Controller. He was responsible for preparing all Financial Statements, Committee Reporting and Budgeting Analysis for Mission Hills Golf Club. He also designed and implemented a new sales journal procedure and early bird sales recap for management, which is now being used in all Landmark resort and country club facilities. After managing the installation of the Point of Sales system for the opening of Landmark Land Company's Carmel Valley Ranch Resort, and the information system_ and telecom expansion for the La Quinta Hotel, he served as Systems Manager at La Quinta Hotel where he was responsible for all computer operations at the large resort complex consisting of 640 rooms, 3 championship golf courses, 33 tennis courts and 5 restaurants. In May of 1992 Ed joined Western Golf Properties as Financial Controller of Pelican Hill Golf Club in Newport Beach, California and "worked his way up" to Vice President of New Development. While at Western Golf, Ed was affiliated with such projects in Southern California as Oak Creek in Irvine, The Meadows at Del Mar, and Ocean Trails in Palos Verdes. With start .._s PREPARED BY: LmDMMM GOLF MMAOMENT his experience in golf and resort operations, Ed departed from Western Golf to Schiller Golf Consulting in 1999. As President and Founder of Schiller Golf RFP Response - 3ilverRock Ranch Consulting, he specialized in all areas of golf operations and development. His consulting services consisted of Market Feasibility Studies, Financial Plans, Business Startup Plans, Computer System Evaluations and Web Page Designs. Ed returned to Landmark in February 2001 as Vice President of Operations to oversee all facets of Landmark Golf Management's operating contracts. His educational background includes his degree from the University of Windsor in Ontario, Canada where he received an Honors Bachelor of Commerce with a Major in Finance and Economics, and Minor in Accounting. Detail Resume, Ed Schiller PROFESSIONAL EXPERIENCE Landmark Golf Company February, 2001 to Present Vice -President of Operations, Indian Wells. California • Responsible for all facets of golf operations for Landmark Golf Company, owned, managed and consulting properties. Current projects to date: The Golf Club of California - Fallbrook, California The Ranch Golf Club - San Jose, California Oak Valley Golf Club - Beaumont, California Landmark Golf Club - Indio, California Landmark Golf Club at Oak Quart' - Riverside, California Landmark at Hemet Golf Club - Hemet, California j Mojave Resort - Laughlin, Nevada Shadow Hills Golf Club - Indio, California Schiller Golf Consulting March, 1999 to February, 2001 Principal, Riverside. California • Schiller Golf Consulting was a consulting company that specializes in all areas of Golf operations and development. Consulting services consist of Market Feasibility Studies, Financial Plans, Business Startup Plans, Computer System Evaluations and Web Page Designs. • Clients: 1. The Irvine Company - Pelican Hill and Oak Creek Golf Club. Performed year 2000 compliance testing and upgrade for all computer systems. Coordinated and projected managed the SBT financial system software and hardware upgrade. 2. Spieker Properties, Black Point Partnership. Performed .miscellaneous consulting projected related to the Stone Tree Golf Club. 3. Landmark Golf Club at Oak Quarry. Performed their startup detail operational financial plan for years 2000 and 2001. PRLrpm= SY: LANDMARK GOLF MANAQEMSBiT 15 363 RFP Response - SUverRock Ranch Western Golf Properties, Inc. May, 1992 to March, 1999 Vice President of New Development, Scottsdale. Arizona • Responsible for all facets of accounting, insurance, human resources, and financial reporting for Western Golf Properties and their managed golf properties. (10 projects, 270 holes, were under management operations and 11 under construction or development and were schedule to open in the next year). • Responsible for all projects reporting for pre -opening, startup, maturation and FF&E capital. In addition, responsible for business plan evaluation during the feasibility and development stages. Schiller performed seven startup business plan evaluations of which Western Golf has been awarded four new construction and operating management contracts. • Responsible for Western Golf Properties feasibility analysis for new golf development. Schiller performed seven market feasibility studies for the Orange County daily fee market, Orange County private and public golf market, Inland Empire daily fee golf market, Los Angles daily fee market, San Francisco Bay Area daily fee golf market, Golf Shores Alabama daily fee and semi -private golf markets and the Seattle Food & Beverage Banquet Market. Controller, Pelican Hill & Oak Creek Golf Clubs (Irvine Company Properties) Newport Coast, California On the management opening team for the construction of Oak Creek y Golf Club. This project had a $24 million construction budget, which was under budget by $1.2 million, opened on time as scheduled and a net operating margin in excess of 50 % in the first year of operation. • Accounted for increase in annual Revenue from $4 million to $22 million and Net Operating Profits of 30% to currently over 52%. • On the management opening team for construction of the Ocean Course North at Pelican Hill which included all of the Job Cost Accounting. ($12 million. construction budget) • Responsible for all facets of accounting and financial reporting for Pelican Hill (36 holes) and Oak Creek (18 holes) Golf Clubs. • Implemented a Management by Objective program for all levels of employees and management to reduce operating expenses increase revenues and most of all, to improve customer service. • Supervised a staff of 6 personnel including two people at Oak Creek and four people at Pelican Hill Golf Club. Landmark Land Company of California, February,1986 to May,1992 System Manager, La Quinta Hotel La Quinta, California • Responsible for all computer operations at a large hotel complex consisting of 640 rooms, three championship golf courses, 33 tennis PMPMMD BY: LMDKMM GOLF MAKAGiEME1tT 16 364 RFP Response - SilverRock Ranch courts and five restaurants. • Duties included managing a 1200 port GTE OMNI PBX phone switch, 100 port Basic Four - CLS Property Management System, 50 terminal NCR Point of Sale System, 30 PC Novell LAN Network (Software: Lotus 123, Q&A, Word Perfect and Miracle), 10 Unysis - M&D Back office system and all other miscellaneous Hotel systems, TCA, Credit Card Deposits, Time Clocks, etc. • On the management opening team for Carmel Valley Ranch Resort, responsibilities were Point of Sales. • On the management expansion team for La Quinta Hotel, responsibilities included all computer systems and telecom. Assistant Controller, Mission Hills Country Club Rancho Mirage, California Responsible for preparing all Financial Statements, Committee Reporting and Budgeting Analysis for Mission Hills Golf Club. Designed and implemented a new sales journal procedure and Early Bird sales recap for management, which is now being used in all Landmark Resort and Country Club facilities. • Corporate Projects - NCR Point of Sales System and golf shop Perpetual Inventory System. EDUCATION University of Windsor 1981 to 1985 Ontario, Canada Honors Bachelor of Commerce Major: Finance and Economics. Minor: Accounting ACHIEVEMENTS Golf • Winner of several amateur golf tournaments and qualified and participated in several provincial and amateur championship. • Played for the University of Windsor Golf Team — 1982, Provincial Champions. • Misc. Running: Completed 30 plus marathons/ultras and four Ironman events. • Coached ice and roller hockey. • Skiing, multi -sport events, tennis, hockey, reading and bridge. Golf Projects Ed Schiller has been affiliated with: Alabama: Gulf Shores (Potential Golf Project) PREPARED BY: LANDMARK GOLF MANAGEMENT 17 365 RFP Response - SUverRock Ranch Arizona: Estrella Mountain Ranch Golf Club - Goodyear The Country Club at Prescott Lakes - Prescott California: Arroyo Trabuco Golf Club - Rancho Mission Viejo (Potential Golf Project) Carmel Valley Ranch Golf Club - Carmel Chiquita Canyon Private Golf Club - Rancho Mission Viejo (Potential Golf Project) Hasley Canyon Golf Club - Los Angeles County (Potential Golf Project) Landmark Golf Club at Oak Quarry - Riverside Landmark Golf Club -Indio Landmark at Hemet Golf Club - Hemet La Quinta Hotel Golf & Tennis Resort - La Quinta Lost Canyons Golf Club - Simi Valley Mission Hills Country Club - Rancho Mirage Mission Hills Resort - Rancho Mirage Moreno Valley Ranch Golf Club - Moreno Valley Oak Creek Golf Club - Irvine Oak Valley Golf Club - Calimesa Ocean Trails Golf Club - Palos Verdes Pelican Hill Golf Club - Newport Coast PGA WEST Golf Club - La Quinta Rancho La Sierra Golf Club - Norco Shady Canyon Golf Club - Irvine Shadow Hills Golf Club - Indio Sierra Lakes Golf Club - Fontana StoneTree Golf Club - Marin The Meadows del Mar - Del Mar The Golf Club of California - Fallbrook The Ranch Golf Club - San Jose Oklahoma: Oak Tree Golf Club - Edmond Oak Tree Country Club - Edmond Louisiana: Belle Terre Country Club - La Place Florida: Palm Beach Polo and Country Club - West Palm Beach Washington: TPC Snoqualmie Ridge Golf Club - Snoqualmie Canada: Three Sisters Resort Golf Club - Canmore, Alberta 366 18 * PREPARED BY: LMDMAM GOLF MANAG RFP Response - 8ilverRock Ranch Hotels and Resorts: La Quinta Hotel Golf & Tennis Resort - La Quinta Carmel Valley Ranch Resort - Carmel Palm Beach Polo Club Resort - West Palm Beach Judy Vossler, Vice President of Marketing and Tournament Operations Judy Vossler began her career in the Coachella Valley in 1980 when she joined the staff of Landmark Land Company at La Quinta Hotel, then a 76 room seasonal hotel. Ms. Vossler served as the General Manager of La Quinta Hotel for 10 years from 1984 through 1993 and was responsible for all operational functions, staffing, expansions, renovations, sales, marketing and community relations as well as interfacing with the golf and tennis facilities of La Quinta Hotel, PGA West and Mission Hills. During that period of time she was intricately involved with the design, planning and construction of various remodel and expansion projects at La Quinta Hotel that resulted in a world class 640 rooms/suite full service destination -convention resort. From 1994 through 1998, Ms. Vossler was employed by KSL Recreation Corporation in community relations and real estate marketing, which maintained her close ties to La Quinta Resort and PGA West. In January 1999, Ms. Vossler rejoined the Landmark team as a Vice President of Landmark Golf Company. Her concentration was 1)Toumament Director for the prestigious Skins Game (1999 through 2002) and the Giddings Cup and 2) Communications and Public Relations for Landmark. More recently she has also become Tournament Director for the annual Betty Ford Tournament. Throughout her career in the Coachella Valley, Ms. Vossler has been actively involved in community development and with many non-profit and charitable organizations. In 1995, La Quinta's Chamber of Commerce named Judy Vossler "Citizen of the Year." II & III. Experience and Contracts: Current Management Agreements: Landmark Golf Club (five-year contract — January 2002 to January 2007) Indio, CA 36 holes, Daily Fee Club phone 760-775-2000 Owner Contact (Lehman Brothers) Harold Kliederman Pacific Equities Group P.O. Box 151108 415-459-7700 San Rafael, CA 94915-1108 415-454-3970 FAX PRLPmw BY: LmDumw Gow MANAaL�[ENT 19 367 RFP Response - 3ilverRock Ranch Shadow Hills Golf Club (five-year contract with five- year extension 2003 to 2013) at Sun City Shadow Hills by Del Webb Indio, CA 18 holes, Semi -Private Currently Under Construction, planned to open 2004 Owner Contact: Paul Quill Director of Land Pulte Homes, Southern California 39755 Berkey Drive Palm Desert, CA. 92211 quillp@delwebb.com 760-772-5334 760-772-5372 FAX 760-578-8191 CELL Henry B. DeLozier Pulte Homes, Inc. Vice President - Golf 15333 N. Pima Road Suite 300 Scottsdale, AZ 85260 480-391-6204 480-391-6254 FAX 602-739-0488 CELL 3 The Golf Club of California (five-year contract - May 2001 to June 2007) Fallbrook, CA 18 holes, Private Club phone 760-451-8702 Owner Contact William Lyon Homes, Inc. Wade Cable, President 949-476-5410 Paradise Ridge (Owned by Landmark Land Company of Arizona) Phoenix, AZ 2200 acre Master Planned Community currently under development Owner Contact Ernie Vossler, President Landmark Golf Company 74947 Hwy 111 Ste 200 Indian Wells, Ca 92210 760-776-6688 20 : ftmAmD BY: LmDmApk GoLF MAXAGB1tEI(T V ,� V RFP Response - 3ilverRock Ranch The Ranch at Silver Creek (5-year contract — 2003 to 2007) San Jose, CA 18 holes, Daily Fee Under Construction, planning to open in May 2004 Owner Contact William Lyon Homes, Inc. Wade Cable, President 949-476-5410 Landmark at Hemet Golf Club (ten-year contract — 2003 to 2013) Hemet, CA 18 holes, Semi -Private Owner Contact Bill Kubly, CEO Landscape Golf Group, LLC, 1201 Aries Drive Lincoln, NE 68512 Mobile: 402-430-6378 Ernie Vossler, President Landmark Golf Company 74-947 Hwy 111, Ste 200 Indian Wells, CA 92210 760-776-6688 IV. Financial Stability: Ernie Vossler and Joe Walser's primary business conduit is through Oak Tree Golf & Development Company, LLC. It functions as the investment arm for the principals that _.j include Ernie, Joe, Johnny Pott and Andy Vossler. Oak Tree Golf and Development Company ("Oak Tree") has investments in various entities and Oak Tree has accomplished this without debt. As in any investment company profitability comes through the maturation of its assets. The primary asset of Oak Tree is its investment in Landmark Land Company of Arizona, Inc. Oak Tree holds twenty-five percent of the outstanding stock of Landmark Land Company of Arizona, Inc., whose primary holding is a 2500-acre development in north Phoenix, Arizona. This development is in the midst of the premier development corridor along Scottsdale Road. This asset is expected to reach its greatest profitability within the next two years for ten to twelve years in the future. Oak Tree holds majorityownership in other entities that include Landmark Golf Company, Landmark Golf Limited Partnership and Landmark Golf Management, LLC, which was recently formed to conduct golf management services with Pulte/ Del Webb _ Shadow Hills. Through these entities, the principals apply their accumulated expertise g P P in golf course design, golf course construction management and golf course operations management. 21 : PmA=D w: LmDmAm GOLF MANAGi (T 369 RFP Response - SilverRock Ranch V. Public Agency Experience: Lake Hefner Municipal Golf Course- Okalahoma City, OK General Manager/Head Golf Professional: Joe Walser, Jr. Owner: The City of Okalahoma City, Ok. Operator: Joe Walser, Jr. B. Project Understanding and Approach: Landmark's philosophy is to create value through quality and service. Each facility that we manage or provide consulting services to set the standard in their respective markets for quality. Because of our perseverance and dedication to the game of golf, we have been able to formulate the ideas and establish procedures that have been proven to provide excellence. Our team is . unmatched in our ability to operate golf facilities. We call it The Strength of Experience. C. Scope of Services: Our plan for day to day operations include but are not limited to: ■ Develop a competitive analysis and marketing plan with advertising schedules. ■ Install Landmark's policies and procedures for golf shop, accounting, outside service, course assistants and starters, and golf course maintenance departments. ■ Install Landmark's guest services standards. ■ Install golf course maintenance standards to be managed by the course superintendent with direct support from the corporate office. Evaluate all existing merchandise and adjust inventory levels and future orders as needed. Our Director of Merchandising will provide a detailed evaluation of the retail operations with an action plan for items needing improvement. } Conduct monthly site inspections and provide written report to onsite personnel -2 and city officials. �l ■ Focus on constantly maintaining the quality of all personnel hired for the operation of the facilities. ■ Evaluate all golf programs and provide action plan for improvements. PREPARED BY: LmDuAm GOLF l�AIiAGLaiEPT 22 370 RFP Response - SilverRoci Ranch ■ Utilize Landmark's national account program vendors to improve profitability and quality of retail operations. ■ Utilize Landmark 's national account program vendors to upgrade any necessary golf course maintenance equipment, ancillary golf vehicles, maintenance transportation vehicles, and evaluate other maintenance purchasing and vendors for operational efficiency. ■ Ensure compliance with all laws, statutes, regulations and ordinances of all governmental entities with respect to maintenance, operation management, and golf course usage. ■ Meet on a pre -determined schedule with City representatives to review operational performance. ■ Implement customer service feedback program via comment cards, customer surveys, secret shopper program, and Internet E-mail. ■ Review capital spending and provide action plan. Land.mark managed facilities provide a better product and higher levels of customer service and overall experience than our competition. We don't attempt to apply a standard list of products or services in a cookie cutter fashion. Areas of service improvement that we will assure our clients are: Golf Shop We have the experience and know how to improve the bottom line and to enhance the image, win awards, and enhance the buying experience for our guests. Enhancing Community Awareness Busy golf courses sometimes forget that they are part of a community. The residents of to Quinta are all owners of the facilities, and we need to continue to reach out to them and provide more opportunities for participation. Providing a relaxed, no pressure atmosphere for women, easy access for juniors, and more affordable programs for seniors should be at the top of the priority list. Golf Course Maintenance Simply put, our standards are higher. We demand more from our superintendents. We provide them with the tools necessary to produce the best course conditions possible. Better attention to detail will be a result of our direct involvement. Outside Services These individuals are often the first to greet and the last to interact with the guest. Outside service is an important piece of the overall experience. Commission ._ programs, cross training between this department and the F&B outlets, first tee P 9 � g greeter (starter) enhancements, improvements in the training of player assistants (rangers) and increased offering of services by these team members such as fixing s PREPARED BY: LANDMARK GOLF MANAG61[E1fT 23 371 RFP Response - SUverRock Ranch ball marks, course management suggestions, raking bunkers and simply being friendly are all enhancements that will help provide the Landmark Experience. Safety and Sanitation Landmark Golf Company understands the complexity of laws and regulations regarding workplace safety compliance. We have safety programs for our managed facilities that are managed by the on site golf course superintendent and closely monitored by the General Manager and Corporate Operations staff. Safety meetings, impromptu tail gate meetings, training documentation, training materials, and audits by insurance professionals are all part of this program. Also, a custom Best Management Practices (BMP) guideline document will be provided and implemented. Management and Operations Supervision An operations professional based in our corporate office supervises each facility. Site visits are performed weekly. Monthly reports include a total facility inspection, review of recent financial results, golf course inspection with the General Manager and Golf Course Superintendent, and when, possible, visits to the competition for service comparisons. We encourage the owner to accompany our staff on the golf course and facility inspection, and schedule site visits to accommodate the owner's schedule. A review of budget variances, pertinent financial information, marketing programs, service issues/enhancements, and upcoming events is also shared with the owner representative during the site visit. A detailed, graded report is provided. Training Pro rg_ams Utilizing on site department heads under the guidance of the corporate office, ongoing training will focus on the following: Outside Services Operation - all areas of outside service with guest contact to include language program, service operations from the guest viewpoint, shadowing of all positions of guest operation including first tee greeter/starter, player assistant and cart attendant. Recognizing areas of concern, anticipation of needs, and empowerment. Each employee will be familiar with Landmark history and other pertinent company information. Golf Shop Operation - point of sale operation, tee time reservation system, phone techniques, anticipation of guests' needs, general opening and closing procedures, tournament operations, language program, empowerment, and Landmark information will be discussed. A custom tailored Policy and Procedures manual will be given to each employee. Retail and Merchandising - training by our Director of Merchandising to include general display, taking advantage of available space, suggestive selling, merchandise receiving, point of sale system, budgets, retail accounting and terms, customer service and empowerment. A comprehensive buying' plan will be tailored for each facility. PREPARED BY: LANDuARK GOLF MANAMMENT 211 372 RFP Response - 8ilverRock Ranch Administration - telephone techniques, language program, payroll administration, accounts payable, accounts receivables, banking, and gift certificates. Golf Course Maintenance - general desired course conditions, attention to detail, clubhouse grounds, awareness of guests on course, preventative maintenance, turf management, equipment orientation, ongoing equipment training and documentation, safety program, irrigation system, budgets, record keeping, personnel records. A custom grounds and greens orientation manual will be given to each employee. The execution of proper training ensures that your facilities will remain consistent within Landmark's standards of quality. References Deane Beman, Former Commissioner of the PGA TOUR 112 PGA Tour Blvd. Ponte Vedra Beach, FL 32082 1-800-556-5400 Jim Awtrey, Chief Executive Officer The PGA of America 100 Avenue of the Champions -P.O. Box 109601 Palm Beach Gardens, FL 33410-9601 561-624-8401 561-624-8410 FAX Larry Litchliter, Executive Vice President KSL Recreation, Inc. 56140 PGA West Blvd. La Quinta, CA 92253-4600 760-564-8000 760-564-8005 FAX Tom Levy Coachella Valley Water District P.O. Box 1058 Coachella, CA 92236 949-218-0033 949-218-0034 FAX Tom Gustafson, Executive Director/CEO Southern California Section PGA 36201 Champions Drive Beaumont, CA 92223 909-845-4653 909-769-6734 PMPAMD BY: LANDMARK GOLF MANAQEMENT 373 2i5 RFP Response - 3ilverRock Ranch Paul Quill Director of Land Pulte Homes, Southern California 39755 Berkey Drive . Palm Desert, CA. 92211 quilip@delwebb.com 760.772.5334 phone 760.772.5372 fax Cell. 760.578.8191 Wade Cable William Lyon Homes 4490 Von Karmen Newport Beach, CA 92660 949-476-5410 949-252-2505 FAX Bill Kubly, CEO Landscape Unlimited, LLC, 1201 Aries Drive Lincoln, NE 68512 Mobile: 402-430-6378 Henry B. DeLozier . ` Pulte Homes,' Inc. Vice President - Golf 15333 N. Pima Road Suite 300 Scottsdale, AZ 85260 Office Telephone: 480.391.6204 Mobile Telephone: 602.739.0488 Lesco Tom Comalli, Manager National Accounts & New Construction 6832 Woodlock Way Citrus Heights, CA 95621 888-407-4849 916-722-1157 FAX Mojave Resort (Former owners, Club sold in May 2003) HB Equities/Conseco Mike Bonnet, Principal Rob Scafura, Vice President 212-980-5510 : PRSPARKD W: LANDMARK QioLF T 374 26 ATTACHMENT 2 GOLF COURSE MANAGEMENT AGREEMENT BY AND BETWEEN CITY OF LA QUINTA FIE LANDMARK GOLF MANAGEMENT, LLC 375 119/015610-0074 487989.07 a04/01/04 GOLF COURSE MANAGEMENT AGREEMENT THIS GOLF COURSE MANAGEMENT AGREEMENT ("Agreement") is made and entered into this day of , 2004 ("Effective Date") by and between the CITY OF LA QUINTA, a municipal corporation ("City"), and Landmark Golf Management, LLC, a California limited liability company ("Manager"). RECITALS A. City will be or is responsible for the development and operation of the a public golf course, to be known as the SilverRock Golf Course, located in the City of La Quinta, California, consisting of an initial 18-hole golf course, a driving range, clubhouse, pro shop, and maintenance facility described in Attachment 1 (collectively, the "Golf Course"). B. City, if it develops, opens, and operates the Golf Course, desires to utilize the services of Manager to manage the Golf Course upon the terms and conditions set forth in this Agreement. C. City and Manager acknowledge that this Agreement is being executed prior to the City undertaking the construction and development of the Golf Course in anticipation of such construction and development. Nothing herein shall obligate the City to construct the Golf Course or to construct the Golf Course within any given period of time. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, City and Manager hereby agree as follows: 1.0 DEFINITIONS As used in this Agreement, the following terms shall have the respective meanings indicated below: 1.1 Annual Plan. The Annual Plan is as described in Section 3.2. 1.2 Capital Improvement Fund. The funds to be held by the City pursuant to Section 4.10.1. 1.3 Capital Improvements. Any ,alteration, addition, improvement, repair, replacement, rebuilding, or renovation to the Golf Course, the cost of which exceeds Three.Thousand Dollars ($3,000.00). 1.4 CST The City of La Quinta, a municipal corporation. 119/015610-0074 376 487989.07 a04/01 /04 28 1.5 City Council. The City Council of the City of La Quinta. 1.6 City Manager. The person holding the position of City Manager of the City of La Quinta, or his or her authorized designee, including but not limited to the Project Manager. 1.7 Intentionally Omitted. 1.8 Cost of Sales. All monies expended by Manager for the purchase of consumable items at the Golf Course, including but not limited to food and beverages (including liquor) and Pro Shop merchandise adjusted for beginning inventories, ending inventories, sales returns and allowance of such items. 1.9 Employee Compensation. The direct salaries and wages paid to or accruing for the benefit of the management staff and all other persons employed by Manager at the Golf Course, together with all fringe benefits payable to or accruing for the benefit of such employees, including employer's contribution under the Federal Insurance Contributions Act ("FICA"), unemployment compensation, or other employment taxes, pension fund contributions, worker's compensation, group life and accident and health insurance premiums, profit sharing, retirement, disability and other similar benefits, as determined by Manager and as set forth in the approved Annual Plan. 1.10 Furnishings and Equipment. All furniture, furnishings, trade fixtures, apparatus and equipment, including without limitation course maintenance vehicles and equipment, golf carts, driving range pickers and pullers, mats, range ball baskets, cash registers, rental golf clubs and bags, ball washers, benches, uniforms, kitchen equipment, appliances, china, glassware, silverware, office equipment computers, copy machines, facsimile machines, telephone systems (not including pay telephones), and other personal property used in or held in storage for use in the operation of the Golf Course, other than Operating Inventory. 1.11 Golf Course Expenses. The total of (a) all expenses specifically identified as "Golf Course Expenses" in this Agreement; and (b) those expenses which if assumed by Manager would be inconsistent with the role of a golf course manager, provided that any such unplanned expense not included in the Annual Plan which exceeds Five Thousand Dollars ($5,000.00) must have prior written approval from the City Manager, and are subject to the expenditure limits set forth in Section 3.2.2. Golf Course Expenses shall not include any expenses of Manager's corporate office, or any services rendered by Manager's corporate offices for or to the Golf Course or the management thereof, or the compensation of any corporate or regional employee of Manager. 377 119/015610-0074 487989.07 a04/01 /04 29 1.12 Golf Course Operations and Maintenance Evaluation Form. The form, attached to this Agreement as Exhibit "B", to be used to evaluate Manager's adherence to the Golf Course Operations and Maintenance Standards. The Golf Course Operations and Maintenance Evaluation Form includes a "Clubhouse Audit" form. 1.13 Golf Course Operations and Maintenance Standards. Those maintenance standards set forth in Exhibit "A" to this Agreement which may be modified from time to time by mutual written agreement of the City Manager and Manager's representative identified in Section 11.1 1.14 Gross Revenues. For the purposes of this Agreement, the term "Gross Revenues" means, except as provided below, all money received as a result of the operation of the Golf Course and the sale of goods and services at the Golf Course, determined on an accrual basis in accordance with generally accepted accounting principles consistently applied. By way of example, and without limitation, Gross Revenues shall include all green fees; rental fees for golf carts, golf clubs and bags, and other rental items; bag storage fees; range balls; reservation fees; fees for golf handicap service; rental and concession payments; revenue generated from space rentals and from meetings, banquets, parties, receptions, tournaments, and other group gatherings; golf instruction fees; revenues from golf schools; and proceeds from business interruption insurance. Gross Revenues shall be reduced by any cash refunds or credits allowed on returns by customers. Gross Revenues shall not include the following: (a) Sales taxes, excise taxes, gross receipts taxes and other similar taxes now or later imposed upon the sale of food, beverages, merchandise or services and paid to the appropriate taxing authority, whether added to or included in the selling price; (b) Receipts in the form of refunds from, or the value of merchandise, supplies or equipment returned to, shippers, suppliers or manufacturers; (c) The amount of any gratuities paid or given by customers to Golf Course employees; (d) Gross receipts received by licensees or concessionaires, except to the extent any portion of such receipts is received by the Golf Course; (e) Proceeds of insurance other than business interruption insurance or similar types of insurance; (f) Receipts from public telephones and vending machines, except to the extent of commissions paid to Manager or City; (g) Proceeds of any borrowings by Manager or City; 119/015610-0074 487989.07 a04/01/04 30 (h) Any amount received by Manager in connection with any claim, demand, or lawsuit, except when such amount is for (i) interruption or loss of Golf Course business, or (ii) punitive damages relating to conduct occurring at the Golf Course; and (i) any additional funds provided by the City for, or paid by the City for, any Golf Course purpose. 1.15 Impositions. All taxes and assessments (including without limitation real property taxes and assessments, possessory interest taxes, and personal property taxes), water, sewer or other similar rents, rates and charges, levies, license fees, permit fees, inspection fees and other authorization fees and charges, which at any time may be assessed, levied, confirmed or imposed on the Golf Course or the operation of the Golf Course. 1.16 Index. The Consumer Price Index for All Urban Consumers for Los Angeles - Anaheim - Riverside (1982-94 equals 100) as published by the United States Department of Labor, Bureau of Labor Statistics. 1.17 Insurance Requirements. All requirements of each insurance policy, and all orders, rules, regulations and other requirements of the City and of National Board of Fire Underwriters (or any other body exercising similar functions), applicable to the Golf Course or the operation of the Golf Course. 1.18 Legal Requirements. All laws, statutes, ordinances, orders, rules, regulations, permits, licenses, authorizations, directives and requirements of governments and governmental authorities, which now or hereafter may be applicable to the Golf Course or the operation of the Golf Course. 1.19 Manager. Landmark Golf Management, LLC, a California limited liability corporation. 1.20 Notice of Golf Course Deficiency. The form attached to this Agreement as Exhibit "C" to be used to notify Manager of Deficiency Items (as that term is defined in Section 3.8.1). 1.21 Operating Inventory. Consumable items used in or held in storage for use in the operation of the Golf Course, including scorecards and cart tickets, driving range balls, golf pro shop merchandise, food and beverage inventory, kitchen supplies, paper and plastic ware, locker room and bathroom supplies, towels, fuel, cleaning materials, fertilizers, pesticides, seed, maintenance parts and 373 119/015610-0074 487989.07 a04/01/04 31 supplies, office supplies, and other similar items all of which shall be deemed the property of the City at all times and under all circumstances. 1.22 Operating Year. An Operating Year shall be a twelve (12) month period during the term of this Agreement commencing on July 1 and continuing through and including the following June 30. 1.23 Project. Manager. The individual designated by the City Manager to serve as the. "Project Manager" pursuant to Section 11.1, or his or her authorized designee. 1.24 Weekends. The period commencing at 12:01 a.m. Friday and ending at 11:59 p.m. on Sunday. 2.0 TERM OF AGREEMENT 2.1 Effective Date; Term. City is contracting with Manager, pursuant to this Agreement, for provision by Manager of Golf Course management services after completion of construction of the Golf Course. In recognition of the foregoing, this Agreement shall be effective on the Effective Date set forth in the preamble, but the term of Manager's management of the completed Golf Course shall be the "Management Term" set forth in Section 2.2. 2.2 Management Term. The Management Term shall commence upon the issuance of a notice by City Manager to Manager that the Golf Course construction and development has been completed and that the City has decided to open and operate the Golf Course (the "Notice of Completion") ("Management Term Commencement Date"). The Management Term and this Agreement shall end on the date that is the fifth (5th) anniversary of the Management Term Commencement Date provided, however, the Management Term may be terminated by the City, in its sole discretion, without penalty or cause at the end of the third year of the Management Term if such earlier termination is deemed necessary in the reasonable opinion of Bond Counsel to maintain the tax exempt status of municipal bonds issued to fund a portion of the Golf Course pursuant to Section 1.141-3(b)(4) of the Regulations promulgated pursuant to the Internal Revenue Code of 1986, as amended, Revenue Proclamation 97-13, Revenue Proclamation 2001-3.1 and other relevant statutes, regulations and proclamations. If the Notice of Completion is not issued for any reason, the Management Term shall not commence and neither the City nor the Manager shall possess any right, obligatory duty, or privilege pursuant to this Agreement. ago 119/015610-0074 487989.07 a04/01/04 3.0 GOLF COURSE OPERATIONS AND MANAGEMENT 3.1 Management of the Golf Course by Manager. City hereby contracts with Manager, during the Management Term, to manage and operate the Golf Course following completion of construction pursuant to the terms of this Agreement, and Manager agrees it shall manage and operate the Golf Course in such manner. Subject to the terms of this Agreement, Manager shall have authority and responsibility to: (a) implement the policies and standards for the Golf Course as determined by the City; (b) manage and supervise all day-to-day operations of the Golf Course including starting, course marshals, pro shop, building and course maintenance, security, cart rental, driving range, food and beverage service, golf instruction, and administration/management; (c) subject to Section 3.5.2, set, from time to time, fees and charges for other uses and items charged to Golf Course customers, provided that such fees and charges shall be competitive with fees and charges imposed or charged by comparable golf courses in The Coachella Valley; (d) hire, train, and supervise all employees required to carry out Manager's responsibilities, including without limitation the general manager, course superintendent, and director of golf; (e) acquire all goods and services necessary to carry out Manager's responsibilities; (f) acquire all necessary licenses and permits for the operation of the Golf Course including related to food preparation and alcoholic beverages; (g) manage all course reservations, tee times, and tournaments; (h) manage all marketing and promotional activities and customer service relations; (i) manage accounting and payroll procedures and functions; and 0) prepare such annual and other plans and reports as set forth in this Agreement. City agrees it shall cooperate with Manager to permit and assist Manager to carry out its duties under this Agreement. 3.2 Annual Plan. 3.2.1 Preparation and Approval. Manager shall submit to the City Manager, initially within thirty (30) days after the Effective Date hereof, and thereafter annually on or before April 1 of each year, the annual plan for the Golf Course for the next Operating Year ("Annual Plan"). The Annual Plan shall include a monthly operating budget containing bona fide good faith estimates of all Golf Course Expenses for the next Operating Year, including expenditures for (a) property operation and maintenance, (b) repairs, replacements, and alterations which do not constitute Capital Improvements, (c) Furnishings and Equipment and Operating Inventory, (d) salaries, and (e) advertising, sales, and business promotion. The Annual Plan shall also include the course maintenance plan and the marketing and business plan for the Golf Course for the next Operating Year. The parties agree that they shall use their best efforts to limit the increase in total Golf Course Expenses during the term of this Agreement to the increase in the Index. Any increase in excess of the increase in the Index shall be thoroughly documented in the Annual Plan. The parties understand that, as provided in Section 3.10 of this Agreement, recommendations and budgets for Capital Improvements will be treated separately and will not form part of the Annual Plan. The Annual Plan shall be subject to the prior written approval of the City Council. The Project Manager and City Manager agree to examine each Annual Plan submitted by Manager and to work with Manager to develop an Annual Plan that can be forwarded to the City Council with a positive recommendation from the Project Manager and City Manager; provided, 119/01561070074 487989.07 a04/01/04 however, that Manager is not required to obtain the approval of the Project Manager and City Manager before submitting the Annual Plan to the City Council. It is contemplated by the parties that the Annual Plan will be agreed upon by Manager and City Council not later than sixty (60) days following delivery of the Annual Plan by Manager to the City Council. If the City Council fails to either approve the Annual Plan within said 60-day period or to advise Manager in writing of its objections to the Annual Plan within such period, then the City Council shall be deemed to have disapproved the Annual Plan as submitted. In the event that the City Council fails to approve the Annual Plan, pending the resolution of such dispute, Manager shall continue to manage and operate the Golf Course in accordance with the standards set forth in this Agreement at a level of expenditures comparable to those of the preceding Annual Plan multiplied by the Index percentage. This Index Percentage shall apply to actual Golf Course Expenses, and shall neither include any expenditure not authorized as a Golf Course Expense pursuant to this Agreement nor the Management Fee. 3.2.2 Compliance. Manager shall comply with the applicable Annual Plan. Without the prior written consent of City Manager (which consent shall not be unreasonably withheld), the actual amount expended per any calendar quarter for Golf Course Expenses shall not be greater than ten percent (10%) higher than the amount budgeted for that calendar quarter in the Annual Plan. Any expenditure made on Golf Course Expenses in excess of 110% of the amount budgeted for that calendar quarter in the Annual Plan shall constitute a material breach of this Agreement by Manager unless prior approved by the City Manager. In addition, and as a separate material obligation, without the prior written consent of City Manager (which consent shall not be unreasonably withheld), the actual amount expended per any fiscal year for Golf Course Expenses shall not be greater than two percent (2%) higher than the amount budgeted for that fiscal year in the Annual Plan. Any expenditure made on Golf Course Expenses in excess of 102% of the amount budgeted for that fiscal year in the Annual Plan shall constitute a material breach of this Agreement by Manager unless prior approved by the City Manager. Notwithstanding the foregoing sentence, Manager shall be entitled to make additional expenditures not authorized under the then applicable Annual Plan in the event of an emergency or in order to comply with any applicable Insurance Requirements or Legal Requirements. 3.2.3 Quarterly Review of Annual Plan. Every three (3) months, the City Manager, or the Project Manager if designated by the City Manager, and the general manager of the Golf Course shall meet and discuss the operating results of the Golf Course, and they shall agree in writing on any necessary amendments or revisions to the Annual Plan to take into consideration variables or events that did not exist, or could not be anticipated by Manager or City, at the time the Annual Plan was prepared. Neither City nor Manager shall be under legal obligation to approve any modifications to the Annual Plan. Any material amendments or revisions to the Annual Plan shall require the prior approval of the City Council. 3.3 Responsibilities of Manager. 119/015610-0074 487989.07 a04/01 /04 Without in any way limiting Manager's right to manage and operate the Golf Course in accordance with the terms of this Agreement, Manager shall, in addition to other obligations and responsibilities set forth in this Agreement, perform the following services, or cause the same to be performed for the Golf Course, and all expenditures of Manager and costs and expenses incurred by Manager in performing these services, including the "Management Fees" (as defined in Section 4.1) shall be Golf Course Expenses: (a) consummate arrangements with concessionaires, licensees, tenants, or other intended users of the Golf Course; (b) enter into such contracts for the furnishing of utilities and maintenance and other services to the Golf Course, subject to Section 3.6; (c) make all repairs, decorations, replacements, additions, revisions, alterations and improvements to the Golf Course as shall be reasonably necessary for maintenance of the Golf Course in good order, condition and repair, subject to the terms of this Agreement; (d) incur such expenses as shall be necessary for the proper operation and maintenance of the Golf Course, including without limitation rental expenses for leased Furnishings and Equipment pursuant to the Golf Course Maintenance Standards; (e) assist the City in determining and obtaining the Initial Operating Inventory for Golf Pro Shop and then maintain a level of Operating Inventory deemed appropriate by Manager for supplying the needs of the Golf Course and its customers; (f) apply for, and use its best efforts to obtain and maintain, all licenses and permits required of Manager in connection with the operation and management of the Golf Course; and City agrees to execute any and all applications and such other documents as shall be reasonably required and to otherwise cooperate, in all reasonable respects, with Manager in the application for, and obtaining and maintenance of, such licenses and permits; (g) use its best efforts to do, or cause to be done, all such acts and things in and about the Golf Course as shall be reasonably necessary to comply with all Insurance Requirements and Legal Requirements; (h) pay all Impositions (including but not limited to any sales and/or use tax resulting from the performance of Manager consistent with this Agreement) and insurance premiums when due; (i) implement a marketing, advertising, and promotional plan for the Golf Course; 0) purchase Furnishings and Equipment necessary to operate and maintain the Golf Course in the manner provided in this Agreement; (k) maintain the landscaping within the boundaries of the Golf Course as defined on Exhibit D pursuant to the Golf Course Operations and Maintenance Standards; and 383 119/015610-0074 487989.07 a04/01 /04 35 (1) defend and settle claims, lawsuits, and demands relating to the Golf Course and Golf Course personnel (as further provided in and subject to Section 3.12 below), and retain legal counsel (and pay legal fees and costs) who under the direction of Manager will represent City, Manager, and the Golf Course on all questions .relating to Legal Requirements, will defend any claims or actions brought against Manager or City relating to the Golf Course or Golf Course personnel, and will institute and defend any and all legal actions or proceedings as shall be reasonably necessary to collect charges, rent or other income for the Golf Course to dispossess tenants or other persons in possession from all or any portion of the Golf Course, to cancel or terminate any lease, license or concession agreement on the grounds of default by the tenant, licensee, or concessionaire, or to contest property taxes. Manager shall notify City of any claims or lawsuits relating to the Golf Course within three (3) days after Manager receives notice of such claims or lawsuits. Any legal fees paid by Manager and charged as a Golf Course Expense shall be for legal services directly related to the Golf Course and shall not include any Manager corporate overhead or administrative fee or charge. The City Manager shall have the right to pre -approve any legal counsel retained by Manager to defend the City, and to approve all legal bills incurred in such defense. Manager shall neither settle nor otherwise resolve any claims or lawsuits without the prior written approval of the City Manager. 3.4 Personnel. 3.4.1 General. Subject to Section 3.4.4, Manager shall employ all of the employees of the Golf Course. Manager shall recruit, hire, train, discharge, promote and supervise the management staff of the Golf Course (i.e., the general manager, the course superintendent, and other key personnel), and Manager shall supervise through the management staff the recruiting, hiring, training, discharge, promotion and work of all other employees of the Golf Course. All employees of the Golf Course shall be bonded, as determined necessary by the City Finance Director, and properly qualified for their positions. The employee compensation of the management staff and all other Golf Course employees shall be a Golf Course Expense. 3.4.2 Pension and Benefit Plans. Manager shall have the right to provide eligible employees of the Golf Course with pensions and other employee retirement benefits and disability, health and welfare benefits, and other benefit plans now or hereafter available to employees of other golf courses and country clubs operated by Manager, and the allocable share, as set forth in the Annual Plan, of such employee benefits shall be a Golf Course Expense. 3.4.3 Temporary Assignment of Other Manager Personnel. If the position of general manager, course superintendent, or other key management positions of the Golf Course are not filled for whatever reason, Manager may temporarily assign to these positions the staff of other golf courses and country clubs operated by Manager or other qualified Manager staff; provided, however, that said temporary assignment shall not exceed ninety (90) days without the written approval of the City Manager. During such time as these employees are temporarily assigned to the Golf Course, all such employees will be paid their 119/015610-0074 384 487989.07 a04/01/04 36 regular Employee Compensation, and the pro-rata share of such Employees' Compensation equal to the actual time such employees worked at the Golf Course shall be a Golf Course Expense. 3.4.4 Management Staff. The general manager of the Golf Course shall be responsible for the day to day management and operation of the Golf Course. The name and telephone number (both home and business) of the general manager shall be provided, in writing, to the City Manager and shall be current at all times. The general manager shall be reasonably available during normal working hours to meet with the City Manager. After normal working hours, the general manager shall be reasonably available to appear at the Golf Course if deemed necessary by the City Manager. The course superintendent for the Golf Course shall be certified by the Golf Course Superintendents Association. The director of golf for the Golf Course shall be a current Class "A" member in good standing of the Professional Golf Association America or the Ladies Professional Golf Association. The City Manager shall have the right to approve the individuals who Manager intends to hire to fill the positions of general manager, golf course superintendent, and director of golf (regardless of the titles given for such positions by Manager), which approval shall not be unreasonably withheld. 3.5 Specific Operating Procedures. In addition to the more general responsibilities of Manager as manager of the Golf Course as provided in this Article 3.0, Manager shall operate and manage the Golf Course in accordance with the following operating procedures consistent with the approved budget and Annual Plan. 3.5.1 Golf Course Hours of Operation. Except upon the occurrence of the events described in Article 10.0 of this Agreement, the Golf Course shall be operated on a daily basis all year and shall not be closed on holidays. The Golf Course shall be kept open during all hours necessary to adequately serve the public utilizing the Golf Course, except for instances in which normal maintenance requires temporary closure. The driving range may be open when the Golf Course is closed. The inside food and beverage services of the Golf Course clubhouse shall be open all year, except as otherwise approved by the City Manager. The permitted hours for food and beverage services in the clubhouse restaurant shall be consistent with similar facilities in the Coachella Valley and be as determined by the City Manager. 3.5.2 Fees and Charges. 3.5.2.1 Setting of Fees. City Council shall, from time to time, set the amount for fees and charges for greens fees (which shall include use of a golf cart) and the driving range. All other fees, charges, and prices at the Golf Course, including the Pro Shop and the Clubhouse, shall be set by Manager with the prior written approval of the City Manager, and shall be comparative and competitive with other first class public golf courses in Riverside County. City shall at all times consult with Manager in setting fees and charges. 119/015610-0074 385 487989.07 a04/01/04 - 37 3.5.2.2 Resident Green Fee Discount. The City Council may establish a "Resident Green Fee Discount," whereby La Quinta residents shall receive a discount on daily play green fees. The City Council shall set the terms and amounts of the resident green fee discount. Manager shall develop all necessary rules and procedures for implementing the Resident Green Fee Discount, which rules and procedures shall be subject to the prior written approval of the City Manager. 3.5.3 Reservation of Golf Rounds. Manager shall establish a system for advance reservations of golf tee times, including a preferential tee time reservation method for residents of the City and guests of hotels/motels/etc. located within the City, as determined by the City Council. 3.5.4 Dress Code. Bathing attire, cut-offs and short shorts, halter tops, tube tops, tank tops, running outfits, and similar types of recreational wear are not considered proper dress on the Golf Course and shall not be permitted. Shirts and shoes shall be worn at all times at the Golf Course. Men's shirts shall have collars and sleeves. This dress code shall apply to all visitors, golfers, and employees, including independent contractors hired by Manager to provide golf instruction, marshalling service, starter service, pro shop or food beverage sales, etc. 3.5.5 Handicap Service. During the Management Term of this Agreement, Manager shall provide at the Golf Course a golf handicap service to both men and women golfers who patronize the Golf Course. The fee charged to golfers by Manager for such handicap service shall be an annual fee and shall not exceed two times the fee charged to the Golf Course by Southern California Golf Association or United States Golf Association, as the case may be, for providing the handicap service. Manager shall not collect annual fees for the handicap service for any annual period that commences after the expiration of the term of this Agreement. The handicap service shall not include as part of its benefits any privileges to use the Golf Course, other than the privileges otherwise available to the general public. 3.5.6 Starter Service and Marshals. Starter services shall be provided and shall include the assignment of tee times and carts and the collection of fees. While the Golf Course is open for play, marshals shall closely monitor and control the speed of play and assist the slower golfers in order to maintain golf play at acceptable levels. 3.5.7 Golf Club Pick -Up. Pick-up and delivery of golf clubs and bags to and from the clubhouse entrance shall be provided at all times when requested by a Golf Course customer. There shall be no charge to the Golf Course customers for golf club pickup and delivery. Appropriate Golf Course employees may accept gratuities from customers for such services. 119/015610-0074 487989.07 a04/01 /04 3.5.8 Club Cleaning. Golf club cleaning services shall be provided to golfers immediately upon their completion of golf play. There shall be no charge to the golfers for golf club cleaning services. Appropriate Golf Course employees may accept gratuities from golfers for such services. 3.5.9 Tee Times. The tee times for the Golf Course shall be scheduled at no more than eight (8) tee reservation times per hour. 3.5.10 Playing Pace; Fivesome Play. Manager and City agree that fivesome play should be permitted only in unusual circumstances, but when permitted no more than two (2) fivesomes per hour on the Golf Course shall be allowed. The play of all players, including all fivesomes, shall be closely monitored, and the golf course marshals shall enforce playing time requirements to maintain a playing pace that insures eight (8) tee times per hour. 3.5.11 Tournaments. Consecutive tee times, shotgun starting formats, and modified shotgun starting formats shall be acceptable forms of reservations for tournaments. During the appropriate seasons and provided the weather conditions permit such an arrangement, when a full shotgun (use of all 18 holes) starting procedure is used, it shall be timed in such a manner so as to potentially accommodate two (2) full shotguns per day —one in the morning and one in the afternoon. In order to schedule a full shotgun tournament, a minimum of one hundred (100) green fees and cart fees must be reserved unless otherwise approved in writing by City Manager. Manager shall take all actions necessary to accommodate a scheduled tournament, including but not limited to course preparation, player scorecards, food service, and other customary services reasonably requested by tournament organizers and appropriate for tournament play. Manager may charge additional fees for unusual or special services. Notwithstanding anything in the foregoing to the contrary, no tournaments shall be scheduled on Weekends without the prior written approval of the City Manager. 3.5.12 Golf Pro Shop. The Golf Course pro shop shall be open every day at the same hours that the Golf Course is open for play unless otherwise approved in writing by City Manager. Manager shall employ merchandise sales personnel to work in the pro shop when it is open for business. Manager shall evaluate the necessity of engaging a qualified merchandise manager for the pro shop who would be responsible for promoting and increasing sales at the pro shop, and, if necessary, shall employ such a merchandise manager. Merchandise that can reasonably be classified as "stale" or "unsellable" may be marked down. No merchandise shall be sold or otherwise alienated at below its cost of acquisition without the prior written approval of the City Manager. If Manager determines that any aged merchandise in the pro shop should not be sold, whether on a discounted basis or otherwise, because of the reputation or image of the pro shop, then with the City Manager's approval Manager may purchase with its own funds (and not from the Golf 119/015610-0074 387 487989.07 a04/01/04 39 Course Accounts) such merchandise at cost for purposes of selling such merchandise at other golf courses operated by Manager. Space shall be provided in the pro shop for merchandise that City may develop as part of its marketing and public relations programs, including but not limited to such items as T-shirts, polo shirts, sun visors, license plate frames, coffee cups, and golf balls. Manager shall perform quarterly inventories of the Pro Shop Operating Inventory. 3.5.13 Golf Instruction. Manager shall either employ or shall retain as independent contractors golf instructors to provide golf lessons - and golf instruction at the Golf Course. All golf instructors must be certified Professional Golf Association of America or Ladies Professional Golf Association golf professionals or apprentices. All golf instruction fees are deemed Gross Revenues and shall be handled as a cash register transaction and reported in the same manner as green fees. Manager shall develop a golf instructional program that will offer individual and group lessons, video instruction, golf clinics, junior golf clinics, and golf schools. A golf professional shall only be allowed to conduct golf lessons at the Golf Course if he or she has first obtained the approval to do so by Manager. 3.5.14 Golf Driving Range. The driving range (including driving range building) shall be open during times specified by the City Manager. Driving range balls shall be of the highest quality, and all cracked and worn range balls shall be removed daily. A fee shall be charged for use of the driving range; provided, however, that at Manager's discretion, a certain amount of driving range balls as determined by Manager may be provided at no additional cost to those golfers who have paid green fees on that day or have purchased instructional lessons. 3.5.15 Golf Club Rentals. Quality rental golf clubs, both left-handed and right-handed, and bags shall be available for rental to customers of the Golf Course at a fee to be determined from time to time by Manager.. 3.5.16 Golf Carts. Golf carts shall be provided to all golfers on the Golf Course as part of the green fee. Use of the golf cart by the golfer(s) shall be optional but may be required by Manager or designee if, on a particular day or during part of a particular day, use of golf carts is necessary to maintain satisfactory playing pace or for reasons of safety or other reasons related to the quality of play and maintenance of the Golf Course. Manager shall not permit the use of private golf carts on the Golf Course. Manager shall provide a sufficient number of electrically -powered golf carts to accommodate players. Golf carts shall be new when purchased or leased and shall be manufactured by a reputable firm. Manager shall investigate use of a GPS system on the Golf Course, and incorporating such technology as a feature on the golf cart. The entire golf cart fleet shall be replaced with new units at least every three (3) years. All golf carts shall be 4-wheel vehicles, and shall be equipped with canopies, sand and seed containers, and holders. At the election of the City Manager, Manager shall either (a) employ a full time on -site mechanic who is qualified to repair and maintain the golf carts, or (b) enter into an agreement (with a term not 119/015610-0074 487989.07 a04/01 /04 to exceed one (1) year) with a qualified independent golf cart service company approved by the City Manager, provided that in either event the golf carts shall be properly maintained and in sufficient operational condition to assure the full and unhindered availability of the golf course. 3.5.17 Food and Beverage Operations. The Golf Course shall include a restaurant located in the clubhouse and a snack bar which shall be operated in accordance with specifications promulgated by the City. Temporary fixed food stands shall not be installed on the Golf Course except for special events. Manager shall provide a staffed food service and beverage cart for the service of players on the Golf Course during peak hours of operation. Manager shall comply with all requirements of state and local law governing the sale and distribution of alcoholic beverages. Manager shall obtain and maintain all permits from all governmental agencies having jurisdiction for all food and beverage operations at the Golf Course. Manager shall comply with all health law and regulations as existing or as may be established by the federal, state, county, and city governmental agencies. All food service employees shall possess valid food handler cards, and a copy of these cards shall be maintained in the administrative office at the Golf Course. Manager, for all food and beverage employees, shall comply with all applicable codes and regulations as relates to tuberculosis and other health and disease testing as now or hereafter required by applicable law. Prices of food and beverages sold at the Golf Course shall be market rate and competitive with prices charged at comparable first class public golf courses in Riverside County. 3.5.18 Office Operations. Manager shall employ sufficient administrative staff at the Golf Course to permit Manager to competently perform Manager's obligations under this Agreement. Upon City's written request, Manager shall provide the City Manager with a written job description for each management position at the Golf Course. The City Manager shall keep these job descriptions in strict confidence, subject to applicable public records disclosure laws. Manager shall maintain at the Golf Course copies of all Manager corporate policies and procedures, as such may be changed from time to time. 3.5.19 Safety and Security. The Golf Course shall comply with all safety regulations of federal, state, and local governmental agencies, including without limitation any requirements imposed by California Labor Code Section 6300 et seq, and regulations promulgated with respect thereto, and applicable federal occupational, health, and safety laws and regulations. Manager shall take all reasonable actions to protect the safety of all Golf Course employees and customers. All employees with access to cash receipts shall be bonded pursuant to standards prescribed by the Finance Director. The Golf Course shall contain appropriate security systems, including video monitoring of cash operations, security alarm systems, motion detection sensors for after hours control, and locks for the maintenance yard and perimeter gates. The alarm system at the Golf Course shall be tied into an offsite monitoring station. Manager shall keep for thirty (30) days computer back-up tapes for all accounts payable and accounts receivable information. All records at the Golf Course shall be kept in fireproof files. 119/015610-0074 487989.07 a04/01 /04 ` 3.5.20 Customer Evaluation Forms. Forms shall be available to customers of the Golf Course to present their comments or complaints regarding the Golf Course. Completed forms shall be collected on weekly basis and retained by Manager at the Golf Course for not less than one (1) year and made available to City upon request. 3.5.21 Scorecards. Manager shall provide scorecards printed specifically for the Golf Course. The scorecards shall carry the name (and logo if one has been created) of the Golf Course as directed by the City pursuant to Article 6.0. The scorecards shall, at Manager's option, also include wording stating that the Golf Course is managed by Manager. 3.5.22 Junior Golf Program. Manager shall plan, implement, and supervise a "Junior Golf Program" for elementary school, middle school, junior high school, and high school aged La Quinta residents (i.e., high school -aged and below). The purpose of the Junior Golf Program is to encourage participation in golf, teach golfing skills and course etiquette, and promote competition and sportsmanship. The program shall include incentives for encouraging participation such as non -peak time green fee discounts, free clinics, discounts on golf lessons, use of the facility for high school golf team practice/matches, etc. Manager shall incorporate the parameters of the Junior Golf Program as part of the Annual Plan. 3.6 Contracts and Agreements. All leases and financing agreements for Furnishings and Equipment, and all contracts and agreements relating to the operation and maintenance of the Golf Course (including without limitation golf professional contracts, contracts for maintenance and repair services, pest control, supplies, and landscaping services, and agreements for tournaments, banquets, and other group functions), entered into during the term of this Agreement shall be entered into by Manager as the contracting party and approved, as to form, content, and vendor, by the City. Payments for all approved leases, financing agreements, contracts and otherwise (the "Assumed Agreements") are defined Golf Course Expenses. City agrees, upon expiration or termination of this Agreement, to assume all such agreements it has so approved so long as no breach by Manager, except if breach is cause by City, in the Assumed Agreements has occurred prior to assumption. 3.7 Alterations to Buildings. Manager shall not make any substantial alterations, additions, or changes to the exterior appearance or the structural nature of the clubhouse, golf pro shop, maintenance building, or other buildings located at the Golf Course without the prior consent of the City Manager. 3.8 Operations and Maintenance Standards. The parties acknowledge and agree that the Golf Course shall be operated and maintained as a first class golf course. As used herein, "first class golf course" shall mean a golf course 119/015610-0074 487989.07 a04/01/04 114 comparable to the following golf courses in Riverside County, California, as they existed on the Effective Date of this Agreement: Westin Mission Hills, Desert Willow, and PGA West Resorts Course. In addition to all other responsibilities of Manager under this Agreement, Manager agrees that at all times during the term of this Agreement, the Golf Course shall be operated and maintained in accordance with the standards set forth in the Golf Course Operations and Maintenance Standards consistent with the approved budget and Annual Plan. Manager's failure, as measured by the process set forth in sections 3.8.1-3.8.2, to maintain the Golf Course in a manner consistent with this Section shall construe a material breach of this Agreement. 3.8.1 City Inspection and Evaluation. At one or more times, and at any time and from time to time, but not less than monthly during the term of this Agreement, the City Manager shall inspect some or all of the Golf Course for purposes of compliance with the Golf Course Operations and Maintenance Standards and this Section 3.8. In conducting such inspection and evaluation, the City Manager shall complete the Golf Course Operations and Maintenance Evaluation Form, or applicable portions thereof, and shall promptly thereafter provide Manager a copy of the completed form or applicable portion thereof. City agrees that the City Manager shall act reasonably and in good faith in making the determination of whether the Golf Course Operations and Maintenance Standards, or applicable portion thereof, have been met. As set forth in Exhibit `B", the Golf Course Operations and Maintenance components shall be rated as "Acceptable," "Needs Improvement,"and "Unacceptable." An overall rating using the same scale shall also be determined on not less than a monthly basis. Notwithstanding Manager's obligation to correct Deficiency Items as set forth below and subject to Section 3.8.2 below, Manager shall be in compliance with the Golf Course Operations and Maintenance Standards unless an overall rating is determined to be "Unacceptable." The City Manager's rating of an item as "Unacceptable" or "Needs Improvement" shall, upon Manager's receipt of the Golf Course Operations and Maintenance Evaluation Form, constitute a Notice of Golf Course Deficiency with respect to the deficient item(s). Within one (1) week after receipt of the Golf Course Operations and Maintenance Evaluation Form, the City Manager and general manager of the Golf Course, and the golf course superintendent if necessary, shall meet to review the Deficiency Item(s), including the corrective actions Manager intends to take to correct the Deficiency Item(s). Within three (3) working days thereafter, Manager shall complete the "Statement of Corrective Action" detailing the steps it intends to take to correct each Deficiency Item and the time schedule for completion of corrective action and submit the Statement of Corrective Action to the City Manager for written approval. Unless the City Manager states in writing otherwise, all deficiencies shall be corrected within seven (7) working days of the issuance of the Statement of Corrective Action, or if no Statement of Corrective Action is issued or approved by the City Manager, then ten (10) working days from the meeting described above. When a Deficient Item has been satisfactorily corrected in the judgment of the City Manager, the City Manager and the general manager of the Golf Course shall each sign the Notice acknowledging completion of the corrective action. The cost for correcting any Deficiency Item shall be a Golf Course Expense subject to the expenditure limitations set forth in Section 3.2.2. 3.8.2 Results of Manager's Failure to Take Corrective Action. 119/015610-0074 391 487989.07 a04/01/04 43 Except as provided in Section 3.8.3 below, if Manager obtains an overall rating of "Unacceptable," or fails to take action to timely correct any Deficiency Item(s), the following shall occur: (a) If there are two (2) consecutive months in which the Golf Course Operations and Maintenance Evaluation Form indicates that Manager's management of the Golf Course has obtained an overall rating of "Unacceptable," the City shall be entitled to deduct from the Performance Evaluation Deposit described in Section 3.8.5, the amount of Five Thousand Dollars ($5000) per month, and such deduction amount shall be retroactive to the first (P) of the two (2) consecutive months and shall continue until Manager's management of the Golf Course achieves an overall rating of "Acceptable" as indicated on the Golf Course Maintenance Evaluation Form. In addition, any failure to achieve an overall rating of "Acceptable" for (i) any four (4) months within any single operating year, or (ii) any three (3) consecutive months, shall be considered a material breach of this Agreement entitling City to terminate this Agreement regardless of the deductions that have been made from the Performance Evaluation Deposit. (b) . City shall further be entitled to deduct from the Performance Evaluation Deposit the amount of Two Thousand Dollars ($2000) per month for each Deficiency Item that is not timely corrected. Such deduction shall be imposed as of the date the Deficiency Item was to have been corrected and shall continue each month thereafter until such Deficiency Item has been corrected as indicated by the signature of the City Manager and general manager of the Golf Course on the Notice of Golf Course Deficiency as described Section 3.8.1. The deductions provided for in this Section 3.8.2 shall not be a Golf Course Expense. 3.8.3 Exclusions from Imposition of Deductions. The following items shall be considered exclusions for the purpose of determining whether there have been two (2) consecutive months with overall ratings of "Unacceptable" and for the purpose of determining whether an outstanding Deficiency Item has been timely corrected: (a) any outstanding Deficiency Item that Manager is diligently and timely correcting in accordance with the time schedule jointly agreed to by the City Manager and the general manager of the Golf Course as provided in Section 3.8.1; (b) any Deficiency Item in which the correction is considered a Capital Improvement but only if and to the extent Manager, in light of its expertise and experience as a manager of first class golf courses, could not have taken reasonable measures to prevent or mitigate the Deficiency Item from occurring; (c) any Deficiency Item that Manager is unable to correct because of the occurrence of a "Force Majeure Event" (as defined in Section 10.3 of this Agreement) but only to the extent Manager, in light of its expertise and experience as a manager of first class golf courses, could not have taken reasonable measures to prevent or mitigate the Force Majeure Event; and (d) any Deficiency Item that Manager is unable to correct due to City's failure to provide sufficient funds to effect such correction in the Annual Plan, provided, however, the City shall be under no obligation to amend the Annual Plan. 3.8.4 Acknowledgement of Parties Concerning Deductions. 392 119/015610-0074 487989.07 a04/01/04 44 THE PARTIES HERETO AGREE THAT THE $2,000.00 PER MONTH AND $5,000.00 PER MONTH DEDUCTIONS FROM THE PERFORMANCE EVALUATION DEPOSIT REFERENCED ABOVE CONSTITUTE A REASONABLE APPROXIMATION OF THE ACTUAL DAMAGES THAT THE CITY WOULD SUFFER DUE TO A FAILURE BY MANAGER TO ADHERE TO THE REQUIRED PERFORMANCE LEVEL, CONSIDERING ALL OF THE CIRCUMSTANCES EXISTING ON THE EFFECTIVE DATE OF THIS AGREEMENT, INCLUDING THE RELATIONSHIP OF THE CHARGES TO THE RANGE OF HARM TO CITY THAT REASONABLY COULD BE ANTICIPATED AND THE ANTICIPATION THAT PROOF OF ACTUAL DAMAGES WOULD BE COSTLY OR INCONVENIENT. THE AUTHORITY OF THE CITY TO EFFECT SUCH DEDUCTIONS SHALL NOT LIMIT THE CITY' S TERMINATION RIGHTS AS SET FORTH IN THIS AGREEMENT. IN PLACING IT'S INITIALS AT THE PLACES PROVIDED HEREIN BELOW, EACH PARTY SPECIFICALLY CONFIRMS THE ACCURACY OF THE STATEMENTS MADE ABOVE AND THE FACT THAT EACH PARTY HAS BEEN REPRESENTED BY COUNSEL WHO HAS EXPLAINED THE CONSEQUENCES OF THE DEDUCTION PROVISIONS AT OR PRIOR TO THE TIME EACH EXECUTED THIS AGREEMENT. City Manager 3.8.5 Performance Evaluation Deposit. Not later than commencement of the Management Term, and as a condition to commencement of the Management Term, Manager shall deposit with City in cash the sum of Twenty -Five Thousand Dollars ($25,000) as security for the performance of Manager's obligations pursuant to this Section 3.8 ("Performance Evaluation Deposit"). The Performance Evaluation Deposit shall not be a Golf Course Expense. In the event of failure of Manager to timely correct Deficiency Items as provided in this Section 3.8, the City Manager shall have the authority to deduct from the Performance Evaluation Deposit the amounts set forth in Section 3.8.2. In the event City is required to make deductions from the Performance Evaluation Deposit, Manager shall promptly, upon written request therefor by City, submit such additional cash amounts to City as is required in order to maintain the Performance Evaluation Deposit at the Twenty -Five Thousand Dollar ($25,000) level. 3.9 Manager Purchases. In connection with any purchases made by Manager, or any related entity or person, for the account of City, it is understood that Manager may perform services as a representative of the manufacturer to secure the benefits of lower costs, and that any resulting savings shall be passed on to City, including representatives' fees. In addition, all trade discounts, rebates and refunds pertaining directly or indirectly to purchases for the Golf Course shall accrue to the benefit of City. All property, real, personal, or otherwise, so purchased by Manager shall be the property of the City. 3.10 Capital Improvements. 119/015610-0074 487989.07 a04/01/04 393 45 3.10.1 Capital Improvement Funds. City shall deposit monthly from the Golf Course Accounts an amount equal to two percent (2%) ("Capital Improvement Fund Percentage") of that portion of the Gross Revenues for the previous month attributed to green fees ("Capital Improvement Funds"). City shall establish and maintain a separate reserve account for the Capital Improvement Funds and these Capital Improvement Funds shall be used for the purposes described in this Agreement. The parties hereby acknowledge and agree that the Capital Improvement Funds shall belong to City, and City shall have complete control over the Capital Improvement Funds. The parties hereby agree that prior to each Operating Year, in connection with the preparation and approval of the "Capital Improvement Plan" as described in Section 3.10.2 below, the parties shall discuss whether the Capital Improvement Fund Percentage should be changed. Any decision to change the Capital Improvement Fund Percentage shall be in the sole discretion of City Manager, and in making such decision City Manager shall consider such factors as the amount of Capital Improvement Funds currently available and the projected capital improvement requirements of the Golf Course. In no event, however, shall the Capital Improvement Fund Percentage be increased in excess of two percent (2%) except with the written approval of the City Council. 3.10.2 Capital Improvement Plans. During the Management Term, Manager shall submit on or before April 1 of each year, a "Capital Improvement Plan" for the Golf Course for the next Operating Year, which shall include Manager's recommendation of Capital Improvement projects for the next Operating Year, estimated costs of such Capital Improvement projects. 3.10.3 Implementation of Capital Improvement Projects. The parties acknowledge and agree that all Capital Improvement projects are in City's sole control and discretion, and all costs and expenses of Capital Improvement projects shall be paid from the Capital Improvement Funds or from other City funds. The costs and expenses of Capital Improvement projects shall not be considered Golf Course Expenses. The parties acknowledge and agree that this Agreement imposes no responsibilities or obligations on the part of Manager with respect to any aspect of a Capital Improvement project, including design, construction or supervision. In the event City desires Manager to be involved in any capacity in a Capital Improvement project, the City Manager shall be authorized to enter into a separate agreement with Manager setting forth the terms and conditions of such involvement, including without limitation fees to be received by Manager for such involvement. 3.11 Insurance During_ Management Term. 3.11.1 Coverage. Manager agrees to procure and maintain, during the Management Term, as a Golf Course Expense, at a minimum the following insurance: (a) insurance on the contents of the buildings located at the Golf Course and other personal property located at the Golf Course which contents and personal property are owned or leased by Manager, against loss or damage by fire, lightning and/or any 119/015610-0074 394 487989.07 a04/01 /04 46 other perils insurable under the form of "all risk" coverage then available (including specifically irrigation and/or sprinkler system leakage damage, vandalism and malicious mischief, if available), in an amount not less than the lesser of (i) the actual replacement cost of the contents and personal property, or (ii) Five Million Dollars ($5,000,000.00); provided, however, the parties may agree in writing to such other minimum amount. City shall be named as a loss payee. The parties agree that Manager shall not be responsible for procuring or maintaining "all risk" insurance coverage on the buildings, structures, or other improvements located at the Golf Course and the contents and personal property owned by City, and City shall either procure or maintain such insurance coverage or shall self -insure for such risks. (b) business interruption insurance, in an amount equal' to the annual value of lost business, as determined by the City and Manager, and as required by or pursuant to any "City Financing" (as that term is defined in Section 11.21), covering actual losses sustained due to (i) fire, lightnings and other perils insurable under the form of all risk coverage then available (including specifically irrigation and/or sprinkler system leakage damage, vandalism, and malicious mischief, if available) or (ii) the routine or extraordinary maintenance of, or any failure of, any pipes or facilities located above or beneath the surface of the Golf Course. City shall be named as a loss payee to the extent of the City's interests under this Agreement which interests include, without limitation, the Financing. (c) comprehensive public liability insurance, including without limitation bodily injury, personal injury, property damage, products liability, contractual liability covering the provisions of this Agreement, and liquor liability, in an amount not less than Ten Million Dollars ($10,000,000.00) single limit per occurrence. City, and its officers, officials, employees, agents, representatives, and volunteers (collectively, "City Personnel"), shall be named as an additional insureds. (d) automobile liability and garagekeeper's liability insurance in an amount not less than Ten Million Dollars ($10,000,000.00) single limit per occurrence. City and City Personnel shall be named as additional insureds. (e) workers compensation insurance covering all Golf Course employees who are Manager's employees in an amount as required by law, and employer's liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000.00) or as required by law covering all Golf Course employees who are Manager's employees. Manager shall have the right to increase (but not to decrease without the prior written consent of the City Manager) the minimum amount of any insurance to be maintained by Manager with respect to the Golf Course under this Section in order to make such coverage comparable to the amount of insurance carried with respect to other golf courses and country clubs operated by Manager, taking into account the size, character and location of the Golf Course. The types of insurance and the coverage amounts specified in this Section are the requirements of City in connection with the operation of the Golf Course. City acknowledges and understands that Manager has made no representations or warranties that such insurance is adequate to protect City. Any losses, damages, liability, or expenses that are not required to be covered by any of the insurance specified in this Section shall be a Golf Course Expense. In its sole discretion, City may elect to procure and maintain at one or more times and from time to 395 119/015610-0074 1� 487989.07 a04/01 /04 7 time, some or all of the policies of insurance set forth in subparagraphs (a), (b), (c), and (d) above that Manager is required to procure and maintain, and in such case City shall notify Manager in writing (i) that Manager is temporarily relieved from the obligation of procuring and maintaining the policy(ies) of insurance specified by City in its written notice to Manager, and (ii) of the period of time during which Manager's obligation to procure and maintain the policy(ies) specified in City's written notice is suspended. 3.11.2 Policies and Endorsements. 3.11.2.1 Policies. All insurance coverages required under this Section 3.11, shall be secured through policies issued by insurance companies of good reputation and of sound and adequate financial responsibility having a general policy holder's rating of not less than "A" and a financial rating of not less than Class VIII in the most current edition of Best's Rating Guide, unless such requirements are waived in writing by the City Manager. Such insurance companies shall be qualified to do business and in good standing in California. Prior to the Effective Date, Manager shall deliver to City certificates of insurance with respect to all of the policies of insurance required to be procured and maintained by Manager pursuant to this Section 3.11, and the City Manager shall have approved such certificates of insurance. In the case of insurance about to expire, Manager shall deliver to the City Manager certificates of insurance with respect to renewal policies not less than thirty (30) days prior to the respective dates of expiration. All certificates of insurance shall be signed by a person authorized by the insurance company to bind coverage on its behalf. In the event any subcontractors perform work for Manager under this Agreement, Manager shall include such subcontractors as insureds under the policies of insurance to be maintained by Manager pursuant to this Section 3.11, or in the alternative, Manager shall obtain from such subcontractors separate certificates of insurance that satisfy the requirements of this Section 3.11 unless otherwise waived by the City Manager. Neither the procuring of insurance by Manager pursuant to this Section 3.11, nor the delivery by Manager to City of certificates of insurance evidencing such insurance coverages, shall be construed as a limitation of Manager's indemnity obligations under Section 11.2.1. 3.11.2.2 Endorsements. All policies of insurance to be maintained by Manager pursuant to this Section 3.11 shall have attached an endorsement that such policy shall not be canceled or materially changed without at least thirty (30) days prior written notice to City by certified mail, return receipt requested. In addition, Manager shall also provide to City the required 30-day prior written notice in the manner set forth in this Section 3.11. 3.11.3 Blanket Policies. Any insurance policies provided by Manager under this Section 3.11 may be effected under policies of blanket insurance which cover other properties in addition to the Golf Course, and in such case an allocable portion of the premiums for such blanket policies of insurance shall be considered a Golf Course Expense. 3.11.4 Workers Compensation Insurance. 119/015610-0074 3 487989.07 a04/01/04 Not later than the Effective Date, and as a condition to the effectiveness of this Agreement, Manager shall deliver to the City Manager a certificate of workers compensation insurance indicating that such insurance complies with all requirements of California law. This certificate shall provide that such policy shall not be canceled or materially changed without at least thirty (30) days prior written notice to City by certified mail return receipt requested. Manager shall require all subcontractors performing work for Manager under this Agreement to maintain workers compensation insurance covering such subcontractors' employees. Prior to the Effective Date, Manager shall file with the City Manager the following signed certification: "The undersigned is aware of and will comply with, Divisions 4 and 5 of the California Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the Agreement, complete workers compensation insurance, and shall furnish a certificate of insurance to City prior to the commencement of the term of the Agreement." City and City Personnel shall not be responsible for any claims in law or equity occasioned by the failure of Manager to comply with this Section 3.11 as it pertain to worker's compensation insurance, or with the provisions of California law relating to workers compensation insurance. 3.11.5 Waiver of Subrogation. Neither Manager nor City shall assert against the other, and Manager and City hereby waive with respect to each other, any claims and rights of recovery for any losses, damages, liability or expenses (including attorneys' fees) incurred or sustained by either of them on account of injury to persons or damage to property arising out of the ownership, operation and maintenance of the Golf Course to the extent that the same are covered by the insurance required under this Section 3.11. City and Manager hereby grant to each other, on behalf of any insurance company providing insurance covering the Golf Course, a waiver of any right of subrogation which any insurer or party may acquire against the other party by virtue of payment of any loss under any insurance policy. City and Manager shall give notice to the insurance companies providing insurance under this Agreement of the mutual waiver of subrogation contained in this Section 3.11. 3.11.6 Insurance Maintained by Manager. Any insurance maintained by Manager under this Section 3.11 may contain deductible provisions and self-insurance or self -assumption provisions in such amounts as are maintained by Manager for other golf courses of a similar quality level operated by Manager. The parties acknowledge and understand that as of the Effective Date the following applies to insurance maintained by Manager: (a) Five Thousand Dollars ($5000.00) deductible per occurrence for property damage insurance, (b) ZERO Dollars ($0.00) self -insured retention per occurrence for comprehensive public liability insurance, automobile liability insurance, and garagekeeper's liability insurance, and (c) ZERO Dollars ($0.00) participation in loss limits (which is comparable to self-insurance) per accident for workers compensation insurance. City understands and agrees that with respect to all policies of insurance required under this Section 3.11, the portion of any claim, loss, or damage subject to a deductible amount or a self-insurance or self -assumption amount shall be a Golf Course Expense. Manager shall notify City in writing 397 119/015610-0074 487989.07 a04/01 /04 (� E1 at least thirty (30) days prior to any increase in the deductible amount or self -insured or self - assumed amounts for the insurance coverage maintained by Manager under this Section 3.11. The City Manager shall have the right to approve any such increase if the amount of the increase (on. a percentage basis) as compared to the deductible amount or self -insured or self -assumed amounts set forth in clauses (a), (b), and (c) above exceeds the percentage increase, if any, of the Index from the Management Term Commencement Date, to the month immediately preceding Manager's notice of the proposed increase. 3.12 Handling of Claims. Manager shall be responsible for handling all claims, demands, and lawsuits for any losses, damages, liability, and expenses (including without limitation personal injury and property damage claims) arising out of the operation and management of the Golf Course ("Claims"), whether or not such Claims are covered by the insurance required under Section 3.11. Handling such Claims shall include without limitation responding to such Claims, investigating such Claims, retaining legal counsel to defend such Claims, settling such Claims, and paying any losses, damages and expenses relating to such Claims. All costs and expenses relating to the handling of such Claims as set forth in the preceding sentence, including without limitation attorneys' fees and costs for Manager's in-house counsel and for outside legal counsel as approved in the Annual Plan or by the City Manager in writing, shall be a Golf Course Expense. The City Manager shall have the right to approve any legal counsel retained by Manager to defend the City, and to approve all legal bills incurred in such defense. 3.13 Cost of Sales. Manager shall provide an accounting for its Cost of Sales as part of the profit and loss statements to the City required by Section 5.6. 4.0 MANAGER FEES DURING MANAGEMENT TERM 4.1 Forms of Manager Compensation. Manager shall receive as compensation for its services during the Management Term a fixed management fee (the "Management Fee"). The Management Fee is further defined below. 4.1.1 Management Fee. For each annual period during the Management Term, Manager shall receive from City a Management Fee in the amount of Ninety Thousand Dollars ($90,000.00). The annual Management Fee shall be payable in arrears in twelve monthly installments, payable by City each month within thirty (30) business days of receipt of an invoice for same from Manager (subject to any extensions as may be required for approval of warrants by the City Council, if applicable). 119/015610-0074 487989.07 a04/01/04 393 5 C 5.0 ACCOUNTS: WORKING FUNDS; DISBURSEMENT OF FUNDS; RECORDS AND REPORTS 5.1 Golf Course Accounts. City shall establish appropriate bank account(s) for the Golf Course, including for the deposit of all Gross Revenues and other Golf Course revenues and for the Capital Improvement Funds, at a banking institution or institutions selected by the City Manager or City Finance Director, such accounts to be in City's name (the "Golf Course Accounts"). Manager shall deposit on a daily basis in the Golf Course Accounts all monies received from the operation of the Golf Course. Any interest earned on monies in the Golf Course Accounts shall be the property of the City. Manager shall also be entitled to maintain funds in amounts approved by the City Manager or City Finance Director in "cash register banks or in petty cash funds at the Golf Course. Within ten (1.0) days of commencement of the Management Term, the City, shall advance Two Hundred Fifty Thousand Dollars ($250,000.00) to Manager (the "Advance"), to pay expenses for the first month of Golf Course operations. Manager shall deposit the Advance in a bank account at a bank and upon terms and conditions approved by the City Finance Director (the "Advance Account"). Manager shall be responsible for the payment of those Golf Course Expenses identified in Section 5.2.1(a) as incurred in accordance with the monthly operating budgets set forth in the approved Annual Plan but only to the extent funds have been made available by the City. Manager shall invoice the City for repayment of Golf Course Expenses paid from the Advance or the Advance Account on or before the 1" and 151h of each month. Manager may use the Advance as necessary to pay any Golf Course Expenses authorized under this Agreement to be paid by Manager and required to be paid, until Manager has received reimbursement from the City. Upon receipt of payment from the City, Manager shall replenish the Advance to its full amount. All Golf Course funds held by Manager, whether the Advance or monies held by Manager in "cash register banks" or petty cash funds at the Golf Course shall be owned by City. 5.2 Payment of Golf Course Expenses. 5.2.1 Payment of Certain Golf Course Expenses by Manager. (a) Consistent with the terms of Section 5.1, Manager shall pay, initially from the Advance or from its own account (or, if appropriate, from "cash register banks" or petty cash funds available at the Golf Course) Golf Course Expenses (other than the Golf Course Expenses set forth in Section 5.2.2) as and when incurred; provided, however, that (1) the amount disbursed must constitute a permitted Golf Course Expense pursuant to the monthly operating budget in the approved Annual Plan and (2) Manager shall provide the City Manager or City Finance Director, no later than ten (10) days following the end of each calendar month, an accounting delineating the Golf Course Expenses paid and payable for such preceding calendar month (e.g., accounting due not later than April 10 covering the immediately preceding month of March).. (b) City shall pay to Manager approved Golf Course Expenses invoiced to the City consistent with the Annual Plan within thirty (30) days of the receipt of the 399 119/015610-0074 487989.07 a04/01/04 invoices and all necessary supporting documentation. Manager shall deposit these payments in the Advance Account to be used to pay Golf Course Expenses. (c) With the prior written approval of the City Manager, which approval may be granted or withheld in the sole discretion of City Manager, Manager shall be reimbursed for those expenses incurred by Manager prior to the commencement of the Management Term which, in the opinion of the City Manager, would constitute Golf Course Expenses if they had been expended subsequent to the commencement of the Management Term. (d) The City shall directly pay suppliers for the initial Golf Pro Shop Operating Inventory pursuant to acquisitions arranged and administered by Manager. Replenishment of the Golf Pro Shop Operating Inventory shall be included in the Annual Plan. 5.2.2 Payment of Management Fee. Manager shall invoice the City on not less than a monthly basis for the Management Fee; provided, however, that such payment to Manager shall be paid in accordance with the terms of Section 4.1.1. 5.3 RemainingFunds. Upon the expiration or earlier termination of this Agreement, Manager shall repay the Advance, all amounts in the Advance Account, and any and all funds held in possession of Manager or its agents that are revenues of the Golf Course. After termination of this Agreement, and assuming no uncured breaches exist, City shall pay to Manager any monies due Manager under this Agreement, but unpaid as of the date of termination, within ten (10) days after Manager delivers to the City Manager the final profit and loss statement. 5.4 Books and Records. Manager shall keep full and accurate books of account and such other records as are necessary to reflect the results of the operation of the Golf Course. For this purpose, City agrees it will make available to Manager, or Manager's representatives, all books and records in City's possession relating to the Golf Course including contract documents, invoices and construction records. All books and records for the Golf Course shall be located either at the Golf Course or at Manager's corporate office. All accounting records shall be maintained in accordance with generally accepted accounting principles and shall be maintained in an accrual format. All such books, records, and reports shall be maintained separately from other facilities operated by Manager. Manager agrees to maintain reasonable and necessary accounting, operating, and administrative controls relating to the financial aspects of the Golf Course and such controls shall provide checks and balances designed to protect the Golf Course, Manager, and City. The cash registers used by Manager shall be approved by the City Manager. Manager shall maintain all financial and accounting books and records for a period of at least seven (7) years after the expiration or earlier termination of this Agreement, and City shall have the right to inspect and audit such books and records during such period as provided in Section 5.5 below.. 5.5 Inspection. 119/015610-0074 400 487989.07 a04/01 /04 52 Upon seven (7) days prior written notice to Manager, which notice shall set forth the date and time that City desires to inspect the books and records, City or its authorized agents, auditors, or representatives shall have the right during normal business hours to review, inspect, audit, and copy the books, records, invoices, deposit receipts, canceled checks, and other accounting and financial information maintained by Manager in connection with the operation of the Golf Course. All such books and records shall be made available to City at the Golf Course unless City and Manager agree upon another location. City, at its own expense, shall have the right to retain an independent accounting firm to audit the books and records of the Golf Course from time to time. 5.6 Reports to City. Manager shall deliver to City the following financial statements, in a form acceptable to City: (a) Within twenty (20) days after the end of each calendar month, a profit and loss statement showing the results of operation of the Golf Course for such month and for the Operating Year to date, which statement shall include sufficient detail to reflect all Gross Revenues, Cost of Sales, Management Fee, and Capital Improvement Funds; and (b) Within sixty (60) days after the end of each Operating Year, a profit and loss statement showing the results of operation of the Golf Course for such Operating Year which statement shall include sufficient detail to reflect all Gross Revenues, Management Fee, and Capital Improvement Funds. If requested by City, and at the sole expense of City, these financial statements shall be certified by an independent certified public accountant acceptable to City. 5.7 Manager Accounting Software. The parties acknowledge and understand if the accounting software to be used at the Golf Course is owned by Manager, City shall have no rights or interests in such software. Upon the expiration or earlier termination of this Agreement, accounting software owned by Manager shall be removed from the Golf Course by Manager. 6.0 GOLF COURSE NAME The Golf Course shall be known by such trade name and/or trademark or logo as may from time to time be determined by City. The parties acknowledge and understand that the names, logos, and designs used in the operation of the Golf Course together with appurtenant goodwill, are the exclusive property of City. Manager may identify the Golf Course as a golf course managed and operated by Manager; provided, however, that any display of any Manager logo or other corporate identification shall first be approved by the City Manager in his or her sole discretion. 7.0 ENVIRONMENTAL MATTERS 119/015610-0074 401 487989.07 a04/01/04 53 In performing its responsibilities under this Agreement, Manager shall comply with all federal state, and local laws and regulations pertaining to the storage, use, and disposal of "hazardous or toxic wastes, substances, or materials" as defined by applicable law. 8.0 TERMINATION RIGHTS 8.1 Termination by City. In addition to any other rights of City to terminate this Agreement that are set forth in this Agreement, City shall also have the right to terminate this Agreement upon the occurrence of any of the following events: (a) Manager fails to keep, observe or perform any material covenant, agreement, term or provision of this Agreement to be kept, observed or performed by Manager, and such default continues for a period of thirty (30) days after written notice and a demand to cure such default by City to Manager; or (b) Failure to meet the Operating Standards set forth in Section 3.8.2(a); or (c) (i) Manager or its parent(s) applies for or consents to the appointment of a receiver, trustee or liquidator of Manager or of all or a substantial part of its assets; (ii) Manager or its parent(s) files a voluntary petition in bankruptcy or commences a proceeding seeking reorganization, liquidation, or an arrangement with creditors; (iii) Manager or its parent(s) files an answer admitting the material allegations of a bankruptcy petition reorganization proceeding, or insolvency proceeding filed against Manager or its parent(s); (iv) Manager or its parent(s) admits in writing its inability to pay its debts as they come due; (v) Manager or its parent(s) makes a general assignment for the benefit of creditors; or (vi) an order, judgment or decree is entered by a court of competent jurisdiction, on the application of a creditor, adjudicating Manager or its parent(s) a bankrupt or insolvent or approving a petition seeking reorganization of Manager or its parent(s) or appointing a receiver, trustee or liquidator of Manager or its parent(s) or of all or a substantial part of its assets, and such order, judgment or decree continues unstayed and in effect for any period of sixty (60) consecutive days; or (d) Prior to the Management Term Commencement Date, City determines in its sole and absolute discretion (i) not to develop the Goff Course; or (ii) following commencement of construction of the Golf Course, not to complete construction of the Golf Course; or (iii) following completion of construction of the Golf Course, not to open or operate the Golf Course. City's right to terminate this Agreement pursuant to this Section shall be exercisable immediately upon written notice to Manager given at any time after the applicable notice and cure period has expired, and City's termination notice shall specify the effective date of such termination, which date shall not be more than sixty (60) days after the date of City's termination notice; provided, however, that no notice and cure period or sixty (60) day delay shall apply with respect to terminations pursuant to subparagraph (c) of this Section. 8.2 Termination by Manager. 119/015610-0074 0 � 487989.07 a04/01/04 Manager shall have the right to terminate this Agreement if City fails to keep, observe, or perform any other material covenant, agreement, term or provision of this Agreement to be kept, observed or performed by City, and such default continues for a period of thirty (30) days after notice and a demand to cure such default by Manager to City. Manager's right to terminate this Agreement Pursuant to this Section shall be exercised upon written notice to City given at any time after the applicable grace period has expired. The grace period shall be extended as may be required for the City Council to comply with applicable law pertaining to the posting of agendas and hearings notices. Manager's termination notice shall specify the effective date of such termination, which date shall not be less than sixty (60) days after the date of Manager's termination notice. 8.3 Effect of Termination. The termination of this Agreement under the provisions of this Article 8.0 shall not affect the rights of the terminating party with respect to any damages it has suffered as a result of any breach of this Agreement, nor shall it affect the rights of either party with respect to any liability or claims accrued, or arising out of events occurring, prior to the date of termination. 8.4 Remedies Cumulative. Neither the right of termination, nor the right to sue for damages, nor any other remedy available to a party under this Agreement shall be exclusive of any other remedy given under this Agreement or now or hereafter existing at law or in equity. 9.0 TITLE MATTERS; ASSIGNMENT 9.1 Ownership of Improvements and Personal Property. All improvements to the Golf Course made during the term of this Agreement and all Furnishings and Equipment and Operating Inventory purchased by Manager during the term of this Agreement shall be considered property owned by City at such time as the improvements are made or the Furnishings and Equipment or Operating Inventory are purchased. 9.2 Assignment or Subcontracting. The City may, in its sole discretion, assign this Agreement, in whole or in part, to the La Quinta Redevelopment Agency and/or the La Quinta Public Financing Authority. Manager shall neither directly or indirectly assign this Agreement to any third party, nor contract or subcontract any work required hereunder to any third party, without the prior written consent of the City. Except as provided below, the ownership structure or composition of Manager, or any direct or indirect parent(s) thereof, as it existed as of the date of execution of this Agreement, shall not be changed, amended, or modified without the prior written consent of the City Council. Transfers of less than twenty-five percent (25%) of the stock, partnership interests, or other form of equity ownership of the Manager or its direct or indirect parent(s) do not require any form of prior City approval. Transfers restricted hereunder include the direct or indirect transfer of more than twenty-five percent (25%) of the stock, partnership interests, or other form of equity ownership in the Manager or its direct or indirect parent(s), and/or any transfer of operational control of the Manager or its parent(s). Transfers of more than twenty-five percent (25%) but less than fifty percent (50%) of the stock, partnership interests, or other form of equity ownership in Manager or its direct or 403 515 indirect parent(s) may be approved in writing by the City Manager. Transfer of over fifty percent (50%) shall require prior City Council approval. Any otherwise lawful assignment by Manager shall not be effective unless and until Manager and such assignee execute an assignment and assumption in a form acceptable to the City Attorney. It is understood and agreed that any consent granted by the City Manager to any such assignment by Manager shall not be deemed a waiver of any consent required under this Section as to any future assignment. Any assignment by Manager of this Agreement in violation of the provisions of this Agreement shall be null and void and shall result in the immediate termination of this Agreement. In addition to any other remedies available to the parties, the provisions of this Section shall be enforceable by injunctive proceeding or by suit for specific performance. 9.3 Successors and Assigns. Subject to Section 9.2, this Agreement shall inure to the benefit of and be binding upon the parties and their respective heirs, legal representatives, successors and assigns. 10.0 DAMAGE OR DESTRUCTION; EMINENT DOMAIN; FORCE MAJEURE EVENTS 10.1 Damage or Destruction. Should the Golf Course be destroyed or substantially damaged by fire, flood, acts of God, or other casualty, City, by written notice to Manager given within sixty (60) days following the occurrence of such event, shall have the right to terminate this Agreement on the basis that City does not choose to rebuild or restore the Golf Course, and in such event neither party shall have any further obligation to the other party under this Agreement, except with respect to liabilities accruing, or based upon events occurring, prior to the effective date of such termination. For the purpose of this Section, the Golf Course shall be deemed to have been substantially damaged if the estimated length of time required to restore the Golf Course substantially to its condition and character just prior to the occurrence of such casualty shall be in excess of six (6) months, as indicated by an architect's certificate or other evidence reasonably satisfactory to Manager. If this Agreement is not terminated in the event of damage to the Golf Course either because (i) the damage does not amount to substantial damage as described above, or (ii) notwithstanding destruction of or substantial damage to the Golf Course, City elects to restore the Golf Course, then City shall proceed, at City's own expense, with all due diligence to commence and complete restoration of the Golf Course to its condition and character just prior to the occurrence of such casualty. If as a result of any damage or destruction to the Golf Course as provided in this Section, the responsibilities of Manager under this Agreement are substantially changed, then the parties shall meet and discuss in good faith appropriate modifications to this Agreement including the Management Fees. 10.2 Eminent Domain. If all of the Golf Course (or such a substantial portion of the Golf Course so to make it unfeasible, in the reasonable opinion of City, to restore and continue to operate the remaining portion of the Golf Course for the purposes contemplated in this Agreement) shall be taken through the exercise (or by agreement in lieu of the exercise) of the power of eminent domain, 119/015610-0074 487989.07 a04/01 /04 56 then upon the earlier of (i) the date that City shall be required to surrender possession of the Golf Course or of that substantial portion of the Golf Course, or (ii) the date when the Golf Course is no longer open, this Agreement shall terminate and neither party shall have any further obligation to the other party under this Agreement except with respect to liabilities accruing, or based upon events occurring, prior to the effective date of such termination. If such taking of a portion of the Golf Course shall not make it unfeasible, in the reasonable opinion of City, to restore and continue to operate the remaining portion of the Golf Course for the purposes contemplated in this Agreement, then this Agreement shall not terminate, and City shall proceed, at City's own expense, with all due diligence to alter or modify the Golf Course so as to render it a complete architectural unit which can be operated as a golf course of substantially the same type and character as before. If as a result of any alteration or modification of the Golf Course as provided in this Section, the responsibilities of Manager under this Agreement are substantially changed, then the parties shall meet and discuss in good faith appropriate modifications to this Agreement including the Management Fees. 10.3 Force Majeure Events. As used in this Agreement, the term "Force Majeure Event" means a disruption in the operation of the Golf Course due to, or the cause of the failure to perform by a party hereto due to, declared or undeclared war, sabotage, riot or acts of civil disobedience, acts or omissions of governmental agencies (except acts of governmental agencies including but not limited to the City taken in accordance with this Agreement), accidents, fires, explosions, floods, earthquakes, or other acts of God, strikes, labor disputes, shortages of materials, or any other event not within the control of Manager and not caused by the gross negligence or intentional wrongful conduct of Manager. For purposes of this Section, any disruption to the operation of the Golf Course caused by a Capital Improvement project shall also constitute a Force Majeure Event. If as a result of the occurrence of a Force Majeure Event, the responsibilities of Manager under this Agreement are substantially changed, then the parties shall meet and discuss in good faith appropriate modifications to this Agreement including the Management Fees. 11.0 GENERAL PROVISIONS 11.1 Contract Administration. City has designated the City Manager as the individual who is responsible for administering this Agreement on behalf of City. The City Manager may designate a member of his or her staff to serve as the Project Manager, which individual shall carry out the City Manager's responsibilities in administering this Agreement. The City Manager shall inform Manager in writing of the person who will serve as the Project Manger and any change of the Project Manager. Manager has designated Ed Schiller as the individual who is responsible for administering this Agreement on behalf of Manager. Manager shall notify the City Manager in writing if another individual has replaced the foregoing designated person as the person responsible for administering this Agreement on behalf of Manager. The parties acknowledge that except as otherwise expressly provided herein (a) the City Manager has the authority to approve or consent to those matters identified in this Agreement as requiring City's approval or consent and to make all other decisions on behalf of City regarding the administration of this Agreement (except where City Council approval is expressly required herein), and (b) Manager's 405 119/015610-0074 487989.07 a04/01/04 5.7 foregoing designated person or such other individual designated by Manager in writing to City has the authority to approve or consent to those matters identified in this Agreement as requiring Manager's approval or consent and to make all other decisions on behalf of Manager regarding the administration of this Agreement. City's management direction to Manager shall be given by the City Manager. 11.2 Indemnities. 11.2.1 Manager's Indemnity. Manager agrees to indemnify and hold harmless City and City's officers, officials, members, employees, agents, representatives, and volunteers from and against any and all claims, demands, actions, lawsuits, proceedings, damages, liabilities, judgments, penalties, fines, expert witness fees, attorneys' fees, costs, and expenses, which results from one or more of the following: (a) any act or omission by Manager or any shareholder, director, officer, or employee of Manager in connection with Manager's performance under this Agreement that constitutes negligence or willful misconduct; or (b) any action taken by Manager relating to the Golf Course (i) that is expressly prohibited by this Agreement, or (ii) that is not within the scope of Manager's duties under this Agreement, or (iii) that is not within Manager's delegated authority under this Agreement; or (c) Manager's breach of any material covenant, requirement or commitment contained in this Agreement; or Manager's indemnity obligations under this Section shall not apply to any acts or omissions taken (or in the case of omissions, not taken) either at the written direction of City or with the written approval of City. 11.2.2 City's Indemnity. City agrees to indemnify and hold harmless Manager and its owners, officers, directors, and employees from and against any and all claims, demands, actions, lawsuits, proceedings, damages, liabilities, judgments, penalties, fines, expert witness fees, attorneys' fees, costs, and expenses, which result from: (a) any act or omission by Manager in connection with the management and operation of the Golf Course (i) that is expressly authorized by this Agreement, or (ii) that is within the scope of Manager's duties under this Agreement, or (iii) that is within Manager's delegated authority under this Agreement, or (iv) that was either at the written direction of City or with the written approval of City; unless such act or omission constitutes negligence or willful misconduct (and was neither at the written direction of City nor with the written approval of City) in which event Manager shall not be indemnified under this Section. 406 119/015610-0074 487989.07 a04/01/04 58 (b) any act or omission constituting negligence or willful misconduct by City or any officer, official, member, employee, agent, representative, or volunteer of City; or (c) City's failure to make any payment to Manager hereunder to which Manager is entitled pursuant to the terms of this Agreement, provided that Manager has provided written notice to City of such asserted failure and has given City an opportunity of not less than sixty (60) days to cure or contest such asserted failure. 11.3 Notices. All notices, demands, requests, consents, approvals, replies and other communications ("Notices") required or permitted by this Agreement shall be in writing and may be delivered by any one of the following methods: (a) by personal delivery; (b) by deposit with the United States Postal Service as certified or registered mail return receipt requested, postage prepaid to the addresses stated below (Notices deposited with the United States Postal Service shall be actually deposited with a branch of the United States Postal Office located in either the county of City's address as provided in this Section or the county of Manager's address as provided in this Section); or (c) by deposit with a same -day or overnight express delivery service that provides a receipt showing date and time of delivery. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective three (3) business days after deposit with the Postal Service. Notice by same -day or overnight express delivery service shall be deemed effective upon receipt. Notice by personal delivery shall be deemed effective at the time of personal delivery. For purposes of Notices hereunder, the address of City shall be: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attention: City Manager For purposes of Notices hereunder, the address of Manager shall be: Landmark Golf Management 74-947 Highway 111, Suite 200 Indian Wells, CA 92210 Attn: President Each party shall have the right to designate a different address within the Southern California area by the giving of notice in conformity with this Section. 11.4 Independent Contractor. Manager shall at all times be considered an independent contractor under this Agreement. Nothing contained in this Agreement shall be construed to be or create a partnership or joint venture between City and its successors and assigns, on the one part, and Manager and its successors and assigns, on the other part. 119/015610-0074 407 487989.07 a04/01 /04 59 11.5 Compliance With Law; Licenses. Manager shall comply with all applicable laws of governmental bodies having jurisdiction with respect to the Golf Course site and Manager performance of this Agreement. Manager shall, at its expense, procure and maintain all licenses, permits, and approvals required to be obtained by it to perform the work under this Agreement. 11.6 Modification and Changes. This Agreement may be amended or modified only by a writing signed by both parties. 11.7 Entire Understanding and Agreement. Except as otherwise provided herein, this Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof, and this Agreement supersedes all prior understandings and agreements, whether written or oral, between City and Manager pertaining to the subject matter hereof. 11.8 Headings. The Article, Section, and Subsection headings contained in this Agreement are for convenience and reference only and are not intended to define, limit or describe the scope or intent of any provision of this Agreement. 11.9 Consents. Except as provided herein, each party agrees that it will not unreasonably withhold any consent or approval requested by the other party pursuant to the terms of the Agreement, and that any such consent or approval shall not be unreasonably delayed or qualified, except where such consent is expressly stated as within the party's sole and absolute discretion. Similarly, each party agrees that any provision of this Agreement which permits such party to make requests of the other party shall not be construed to permit the making of unreasonable requests. 11.10 Survival of Covenants. Any covenant, term, or provision of this Agreement which in order to be effective must survive the termination of this Agreement shall survive any such termination. 11.11 Third Parties. None of the obligations under this Agreement of either party shall run to or be enforceable by any party other than the party to this Agreement or by a party deriving rights under this Agreement as a result of an assignment permitted pursuant to the terms of this Agreement. 11.12 Waivers. 408 119/015610-0074 487989.07 a04/01/04 No failure by Manager or City to insist upon the strict performance of any covenant, agreement, term or condition of this Agreement or to exercise any right or remedy consequent upon the breach of this Agreement shall constitute a waiver of any such breach or any subsequent breach of the same covenant, agreement, term or condition. No covenant, agreement, term or condition of this Agreement and no breach of this Agreement shall be waived, altered or modified except by a written instrument. A waiver of any breach of this Agreement shall only affect this Agreement to the extent of the specific waiver, and all covenants, agreements, terms and conditions of this Agreement shall continue in full force and effect. 11.13 Applicable Law; Venue; Service of Process. This Agreement shall be construed and interpreted in accordance with, and shall be governed by, the laws of the State of California. The parties agree that the Superior Court of the State of California, County of Riverside shall have jurisdiction of any litigation between the parties relating to this Agreement. Service of process on City shall be effected in such manner as required by California law for service on public entities. Service of process on Manager shall be made in any manner permitted by California law and shall be effective whether served inside or outside of California. Manager acknowledges that service of process may be effected by service on its registered agent in California, which as of the Effective Date of this Agreement is: . Manager shall promptly notify City in writing of any change pertaining to the entity or address serving as Manager's registered agent in California. 11.14 No Presumption RegardingDrafter. City and Manager acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between City and Manager, and that this Agreement reflects their mutual agreement regarding the subject matter of this Agreement. Because of the nature of such negotiations and discussions, it would be inappropriate to deem either City or Manager to be the drafter of this Agreement, and therefore no presumption for or against the drafter shall be applicable in interpreting or enforcing this Agreement. 11.15 Enforceability of Any Provision. If any term, condition, covenant or obligation of this Agreement shall be determined to be unenforceable, invalid, or void, such determination shall not affect, impair, invalidate, or render unenforceable any other term, condition, covenant, or obligation of this Agreement. 11.16 United States Currency. All amounts payable pursuant to this Agreement shall be paid in lawful money of the United States of America. 11.17 Counterparts. This Agreement and any amendment may be executed in counterparts, and upon all counterparts being so executed each such counterpart shall be considered as an original of this Agreement or any amendment and all counterparts shall be considered together as one agreement. 119/015610-0074 n 9 487989.07 a04/01/04 191. 11.18 Attorneys' Fees. In the event of a dispute involving the nonperformance by a party hereto of its obligations under this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and all other expenses (including expert witness fees and fees and costs related to discovery and appeal) reasonably incurred in connection with such dispute, whether or not litigation is commenced, in addition to all other relief to which the party is entitled. If the successful party recovers judgment in any legal action or proceeding, the attorneys' fees and all other expenses of litigation shall be included in and made a part of any such judgment. 11.19 Publicity. Any commercial advertisements, press releases, articles, or other written media information generated by Manager using City's name or "SilverRock" shall be subject to the prior approval of the City Manager which approval shall be given or withheld in the City Manager's sole and absolute discretion. 11.20 City Financing. Manager acknowledges that tax-exempt bond financing or other tax-exempt financing ("Financing") has been obtained for construction of a portion of the Golf Course. The form and issuance of such Financing, the selection of Financing legal counsel, and all other matters pertaining to the Financing, shall be in the sole and absolute discretion of the City. City and/or the La Quinta Redevelopment Agency and/or Public Financing Authority have the right, at any time and from time to time, to issue additional financing and/or effect or cause a refinancing and refunding of the Financing in its sole and absolute discretion. Notwithstanding any authority given in this Agreement to Manager to set fees, charges, and prices, the City Council shall have the superior authority to set fees, charges, and prices at the Golf Course. Manager agrees to amend this Agreement at any time and from time to time, if, in the opinion of the City's legal counsel, this Agreement must be amended to comply with laws, regulations, rules, or procedures applicable to the Financing (except those laws regulations, rules and/or procedures adopted by or promulgated by City or any Agency controlled by the City), and any refinancing or refunding thereto, including but not limited to those laws, regulations, rules, and procedures applicable to or promulgated by the Internal Revenue Service. City and Manager shall meet and confer in good faith to effect such written amendment to this Agreement as necessary to insure the Agreement is in compliance as required by the preceding sentence, which amendment(s) shall be affixed as an attachment to this Agreement; provided, however, that in the event City and Manager disagree on the nature or scope of the required amendment(s), either party shall have the right to terminate this Agreement upon written notice to the other party and upon such termination neither Manager nor City shall have any further rights or obligations hereunder. 11.21 Covenants Against Discrimination. Manager agrees that in connection with its performance under this Agreement, there shall be no discrimination by . Manager against any person on account of race, color, creed, religion, sex, marital status, national origin or ancestry. Manager agrees to include a provision similar to 119/015610-0074 410 487989.07 a04/01/04 6, e4". this Section in all subcontracts entered into by Manager in connection with work being performed under this Agreement. 11.22 Non -liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of the City shall be personally liable to Manager, or any successor in interest, in the event of any default or breach by the City, or for any amount which may become due to Manager or any successor, or for breach of any obligation of the terms of this Agreement. 11.23 Time of the Essence. Time is of the essence of this Agreement. The parties understand that the time for performance of each obligation has been the subject of negotiation by the parties. hereof. 11.24. Exhibits and Attachments Incorporated. All exhibits and attachments to this Agreement are incorporated herein and made a part 11.25 Authority. The parties represent for themselves that (a) such party is duly organized and validly existing, (b) the person or persons executing this Agreement on behalf of such party is/are duly authorized to execute and deliver this Agreement on behalf of such party, (c) by so executing this Agreement, such party is formally bound to the terms and provisions of this Agreement, and (d) the execution of this Agreement does not violate any provision of any other agreement to which such party is bound. 11.26 Authorization to City Manager. In addition to such other authorizations granted the City Manager of City in this Agreement to act on behalf of City, the City Manager shall have the authority, in the event of a dispute involving the interpretation of the terms and provisions of this Agreement, to reasonably interpret the terms and provisions .of this Agreement on behalf of City. 11.27 Possessory Interest. Pursuant to California Revenue and Taxation Code Section 107.6, City hereby informs Manager that this Agreement may create a possessory interest subject to property taxation, and in such event Manager may be subject to the payment of property taxes levied on such interest, which taxes, if levied, shall be defined as a Golf Course Expense. [end - signature page follows] 411 119/015610-0074 487989.07 a04/01 /04 63 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the day and year first written above. "CITY" Date ATTEST: June Greek City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson City Attorney Date Date CITY OF LA QUINTA, a municipal corporation Mayor "MANAGER" LANDMARK GOLF MANAGEMENT, LLC By: Name: By: Name: CEO Secretary 414. 119/015610-0074 487989.07 a04/01/04 4 EXHIBIT "A" SILVERROCK RANCH GOLF COURSE GOLF COURSE OPERATIONS AND MAINTENANCE STANDARDS 1. Greens Maintenance. Manager shall maintain all greens in accordance with accepted playability and industry- wide standards. Without limiting the generality of the foregoing, Manager shall maintain all greens in accordance with the following minimum requirements: (i) Change cups and repair ball markers daily. (ii) Mow greens daily with a reel -type mower designed specifically for mowing golf greens and of the type, make and model accepted by the golf industry. (iii) Verticut all greens as needed to control mat and thatch buildup. (iv) Aerify greens as needed and remove plugs the same day, top dress the greens following each aerification. (v) Treat greens with proper chemicals to control insects, disease and other pests. (vi) Fertilize greens at a rate and frequency that will promote healthy turf propagation. (vii) Manager shall have the soil analyzed within thirty (30) days after the commencement of the Management Term and annually thereafter. Manager shall apply fertilizer in the quantity and type recommended by such analysis in a manner to provide uniform growth of turf. 2. Tee Maintenance. Manager shall maintain all tees in accordance with accepted playability and industry- wide standards. Without limiting the generality of the foregoing, Manager shall maintain all tees in accordance with the following minimum requirements: (i) Service tees daily by moving markers, benches, and ball washers. (ii) Change tee towels regularly and keep ball washers filled to proper level with water and an appropriate cleaning agent. (iii) Mow tees four (4) times weekly with reel -type mower at appropriate height for turf type and climate conditions. (iv) Verticut tees as needed for thatch removal. (v) Repair worn and damaged turf areas as they occur by overseeding or resodding to ensure playable tees at all times. 413 119/015610-0074 487989.07 a04/01/04 (vi) Treat tees for control of insects, disease, weeds and other pests necessary to maintain healthy turf. (vii) Fertilize tees at a rate and frequency that will promote healthy turf propagation. (viii) Repair divots daily. (ix) Manager shall have the soil analyzed within thirty (30) days after the commencement of the Management Term, and annually thereafter. Manager shall apply fertilizer in the quantity and type recommended by such analysis in a manner to provide uniform growth of turf. (x) Aerify tees as needed and remove plugs the same day, top dress the greens following each aerification. 3. Fairway Maintenance (Including Driving Range Area). Manager shall maintain all fairways in accordance with accepted playability and industry -wide standards. Without limiting the generality of the foregoing, Manager shall maintain all fairways (including the driving range area) in accordance with the following minimum requirements: (i) Mow fairways with a reel -type mower. (ii) Verticut fairways as necessary for turf health and playing conditions. (iii) Aerify all fairways as needed. (iv) Overseed and top dress (or, resod) worn or bare areas of fairways as necessary. (v) Treat turf to control weeds, disease, insects and other pests necessary to maintain weed -free and healthy turf. (vi) Fertilize fairways at a rate and frequency that will promote healthy turf propagation. (vii) Manager shall have the soil analyzed within thirty (30) days after the commencement of the Management Term, and annually thereafter. Manager shall apply fertilizer in the quantity and type recommended by such soil analysis in a manner to provide uniform growth of turf. 4. Maintenance of Rough and Other Turf Areas. Manager shall maintain rough, turf, perimeter landscape areas, and landscape lawn areas, including plant and annual color areas, in accordance with accepted playability and industry -wide standards. Without limiting the generality of the foregoing, Manager shall maintain all rough, turf, perimeter landscape areas, and landscape lawn areas, including plant and annual color areas, in accordance with the following minimum requirements: A 119/015610-0074 487989.07 a04/01/04 6 6 (i) Mow at least once per week. (ii) Verticut as necessary to promote healthy growth. (iii) Aerify as needed and seed or sod worn or bare areas in turf as necessary. (iv) Treat turf to control weeds, diseases, insects and other pests to maintain a healthy turf. (v) Fertilize at a rate and frequency that will promote healthy turf propagation. (vi) Manager shall have the soil analyzed within thirty (30) days after the commencement of the Management Term, and annually thereafter. Manager shall apply fertilizer in the quantity and type recommended by soil analysis in a manner to provide uniform growth of turf. 5. Maintenance of Nursery. Manager shall maintain sod nurseries for the greens at all times according to the foregoing greens maintenance specifications. 6. Maintenance of Accessory Equipment. Manager shall maintain all golf course accessory equipment in a clean, safe, functioning condition at all times, replacing with equipment and/or materials as necessary, including, but not limited to, the following: (i) Signs. (ii) Tee benches. (iii) Tee markers. (iv) Ball washers, including tee towels and soap. (v) Out-of-bounds markers, water hazards, cart directional signs, etc. (vi) Directional flags and poles. (vii) Distance markers (150 yards, etc.). (viii) Greens flags, poles and cups. (ix) Practice green markers and cups. (x) Trash receptacles. (xi) Cleat brushes. 119/015610-0074 487989.07 a04/01/04 415 67 7. Irrigation. Manager shall maintain the entire irrigation system serving the Golf Course property, including main lines, valves, lateral lines, sprinkler heads, and controllers, in good repair, functioning properly and conforming to all related codes and regulations at all times. Manager shall irrigate the Golf Course property as required to maintain adequate moisture for growth rate and appearance in accordance with accepted industry standards. Adequate soil moisture shall be determined by visual observation, plant resiliency, turgidity, examining cores removed by soil probe, moisture sensoring devices and programming irrigation controllers accordingly. In addition: (i) Consideration shall be given to soil texture, structure, water holding capacity, drainage, compaction, precipitation rate, run-off, infiltration rate, percolation rate, seasonal temperatures, prevailing wind condition, time of day or night, type of grass or plant, and root structures. (ii) In areas where wind creates problems of spraying onto private property or road rights -of -way, the controller shall be set to operate during the period of lowest velocity. (iii) Manager shall be responsible for monitoring all systems within the Golf Course property and for correcting the same for coverage, adjustment, clogging of lines, and sprinkler heads, and removal of obstacles, including plant materials which obstruct the spray. (iv) Manager shall check the system daily and adjust and/or repair any sprinkler heads causing excessive run-off, or which throw directly onto roadway, paving or walks within rights -of -way. (v) All controllers shall be inspected on a daily basis and adjusted as required, considering the water requirements of each remote control valve. (vi) A soil probe or tensiometer shall be used regularly to determine the soil moisture content in various areas, with particular attention being given to the greens. (vii) Manager shall repair all leaking or defective valves within twenty-four (24) hours. (viii) Upon written request by City, Manager shall file a monthly statement with City certifying that all irrigation systems are functioning properly. (ix) If there is a reduction of the volume of water supplied to the Golf Course property during peak demand periods, the priority of water distribution by Manager shall be as follows: (a) greens, (b) tees, 119/015610-0074 416 487989.07 a04/01/04 68 (c) fairways, and (d) other turf and landscape areas. 8. Other Required Duties. (i) Manager shall remove all litter daily from the Golf Course grounds, including but not limited to the Golf Course, maintenance yard, landscape areas, and the driving range. Manager shall remove all trash and debris resulting from Golf Course maintenance as it occurs. Manager shall clean, repair, and replace trash receptacles as necessary to maintain clean, safe and sanitary conditions at all times. (ii) Manager shall maintain shrub and ground cover plantings and lawn areas in a manner to promote proper healthy growth and an aesthetically pleasing appearance at all times. (iii) Manager shall maintain all trees in a safe, healthy and aesthetically pleasing condition at all times. Trees shall pruned regularly in order to promote growth, safety, and beauty. (iv) Manager shall maintain all sand traps in a raked, edged and weed -free condition at all times, replacing sand in kind and rakes as necessary. (v) Manager shall take whatever preventive steps are necessary and legal to protect all slope areas from erosion at all times, subject to the approved budget. (vi) Manager shall control rodent and other animal pests as necessary to prevent erosion and destruction of plantings. (vii) Manager shall maintain and repair as necessary surface flow lines, swales, catch basins, grates, subsurface drainage systems, and other drainage structures in a clear, weed -free and properly functioning condition at all times. (viii) Manager shall observe all legal requirements and safety regulations in the use and storage of chemicals, hazardous materials, supplies and equipment. (ix) Manager shall maintain the golf maintenance storage room and yard in a clean, orderly and safe condition at all times, conforming to all applicable laws and regulations. (x) Manager shall take reasonable measures to protect golfers from injury and the Golf Course from damage in periods of frost, rainy weather and other unusual conditions. (xi) Manager shall maintain bridge abutments and approaches in a safe and stable condition. 119/015610-0074 487989.07 a04/01/04 41" 69 (xii) Manager shall maintain walkways, steps, handrails on walkways, headerboards, and cart paths in a clean, edged, safe, and weed -free condition. (xiii) Manager shall maintain, repair and replace parking lots and driveways to achieve clean, safe and weed -free conditions. (xiv) Manager shall inspect the following frequently and repair as needed: (a) all area lighting systems for safe and functioning condition, and (b) all golf course parking lots, walkways and interior paved and/or unpaved surface roads. [end of Exhibit "A"] 413 119/015610-0074 n 487989.07 a04/01/04 11 EXHIBIT "B" CITY OF LA QUINTA SILVERROCK RANCH GOLF COURSE GOLF COURSE OPERATIONS AND MAINTENANCE STANDARDS DATE: SUPERINTENDENT: CITY MANAGER/ DESIGNEE: NEEDS Area UNACCEPTABLE IMPROVEMENT ACCEPTABLE Greens Fairways & roughs Driving range Maintenance records & schedules Lakes & other water bodies Maintenance employees Maintenance shop & equipment Traffic control Rest rooms OVERALL COURSE/ OPERATIONS 119/015610-0074 487989.07 a04/01/04 419 71 GREENS QUALITY STANDARD: Smooth, uniform, turf, firm but not hard, well-defined, consistent, of suitable speed for the location. Cups placed in accordance with USGA recommendations. Flags stands up straight. Cups, poles and flags are uniform, clean and in good repair. Pin placement indicators uniform and properly used only where necessary. 1. QUALITY. How do they Putt and Play? 100% Turf cover, smooth and uniform. Do the greens hold approach shots? Are the cups cut cleanly and in proper locations? No diseases, weeds, insects, rodents, or bare spots. Unacceptable Needs Improvement Acceptable 2. APPEARANCE. How do they look? Color and texture of the greens turf, uniformity of the mowing, condition of cup, flag and pole, condition of the areas around the greens. No diseases, weeds, insects, rodents, or off-color areas. Unacceptable Needs Improvement Acceptable 3. SAND TRAPS GREENS. How do they play and look? Sand surface is uniform and smooth, sand is adequate depth for play. No weeds or debris in traps. Rakes adequate in number and condition, properly placed. Quality of mowing/trimming around traps. As necessary, edge traps to always maintain a neat lip. Unacceptable Needs Improvement Acceptable 119/015610-0074 487989.07 a04/01/04 41(".)0 72 FAIRWAYS AND ROUGHS QUALITY STANDARD: Fairways: Smooth, uniform turf cover, smooth mowing and trimming, clean, firm but not hard, well defined, that properly supports the ball for play. Roughs: Properly mowed and trimmed, clean and adequately uniform for play, distinct in height from fairways. Perimeter fencing properly trimmed at all times. 1. QUALITY. How do they play? Mowing height of fairways and roughs is within USGA specifications, mowing frequency is appropriate for the turf type and season. Fairway turf properly supports the ball for play. Able to find the ball in the roughs. Absence of wet or dry spots in play areas. Unacceptable Needs Improvement Acceptable 2. APPEARANCE. How do they look? Uniformity of color and irrigation, texture, quality mowing. Appearance of being "Manicured" turf coverage in traffic areas. No weeds, disease, insects, rodents, or off-color areas. Unacceptable Needs Improvement Acceptable 3. SAND TRAPS ROUGHS. How do they play and look? Sand surface is uniform and smooth, sand is adequate depth for play. No weeds or debris in traps. Rakes adequate in number and condition, properly placed. Quality of mowing/trimming around trees. As necessary, edge traps to always maintain a neat lip. Unacceptable Needs Improvement Acceptable 4. TREES AND SHRUBS. Pruned to maintain specimen health and safety to golfers and maintenance employees. Unacceptable Needs Improvement Acceptable 119/015610-0074 42,1 487989.07 a04/01 /04 TEES QUALITY STANDARD: TEES: Tees smooth, completely turfed, leveled, firm but not hard, clean, properly directed, with amenities trash cans, signs, tee markers, monuments, ball washers, towels, sand & seed containers, as appropriate) in good condition and repair, consistent and uniform. 1: APPEARANCE. MANICURED AND CLEAN. 100% turf cover, smooth and uniform. No weeds, diseases, insects or rodents. Consistent, adequate top dressing and seeding program. Minimal litter or broken tees. Unacceptable Needs Improvement Acceptable 2. PERIMETER AREAS AROUND TEES. Area between cart path (if any) and tee -uniformly and smoothly turfed, no mud or dirt, ball washers are clean, in good repair and properly located for the tee positions, cart paths are clean and properly placed as necessary; no identifiable traffic wear into tee. Unacceptable Needs Improvement Acceptable DRIVING RANGE 1. APPEARANCE - MANICURED AND CLEAN. Uniformity of mowing,, color, texture of turf, smoothness of surface, cleanness of mowing on perimeters, absence of scalping. Consistent, adequate top dressing and seeding program. Unacceptable Needs Improvement Acceptable 2. PERIMETER AREAS AROUND TEES. Area between cart path (if any) and tees - uniformly and smoothly turfed, no mud or dirt, benches, club washers, bag stands are clean, in good repair and properly located for the tee positions, cart path is clean and properly edged, curbing or ropes/stakes are clean and properly placed as necessary; no identifiable traffic pattern into tee. Unacceptable Needs Improvement 3. RANGE LANDING AREA. Turfed, clean and mowed per fairway maintenance section of audit. Acceptable Unacceptable Needs Improvement Acceptable 4200' 119/015610-0074 �4 487989.07 a04/01/04 MAINTENANCE RECORDS AND SCHEDULES All of the following maintenance records properly kept, on site, and up to -date 1. Maintenance plan visible and in use 2. Superintendents manual 3. Expense ledger - weekly 4. Records form 5. Equipment main- tenance records 6. Labor scheduling 7. Inclement weather, core staffing program in place 8. Gasoline log NEEDS UNACCEPTABLE IMPROVEMENT ACCEPTABLE LAKES AND OTHER WATER BODIES QUALITY STANDARD: Water Bodies: Clean, well-defined, free of weeds and noxious growth; well -marked and attractive. 1. Appearance of water -clean, no weeds or noxious growth, no noxious odors, no floating trash/debris. Unacceptable Needs Improvement Acceptable 2. Ground around lakes - mowing, trimming, etc. Unacceptable Needs Improvement Acceptable 119/015610-0074 487989.07 a04/01/04 423 75 MAINTENANCE EMPLOYEES/CORE STAFF 1. Required state and federal forms posted. Unacceptable Needs Improvement Acceptable 2. Report number of Department employees. Actual: Budget: Unacceptable Needs Improvement Acceptable 3. Uniforms, hard hats, steel toe shoes on all Department employees except superintendent. Unacceptable Needs Improvement Acceptable MAINTENANCE SHOP AND EQUIPMENT 1. Shop area is orderly, clean, with no obvious safety hazards. Fertilizer and chemical storage is per training manual. No disorganized junk or trash in yard or shop. Condition of superintendents office. Unacceptable Needs Improvement Acceptable 2. Equipment is in good repair, is clean and properly maintained. Check oil, air cleaners, hydraulic oil, and status of machines under repair. Unacceptable Needs Improvement Acceptable TRAFFIC CONTROL 1. Ropes, stakes, and other traffic control devices are clean as necessary, in good condition, straight and repaired. Traffic control devices are used effectively to minimize turf wear in high traffic areas. Worn areas are under repair. Routes used by golf carts are well - maintained, free of potholes, and present a generally smooth and clean appearance. Unacceptable Needs Improvement Acceptable 2. Cart paths - Concrete paths are uniform in width and surfaces are safe for spikes, smooth for operation of golf carts. Unacceptable 119/015610-0074 487989.07 a04/01/04 Needs Improvement Acceptable � 4 REST ROOMS RESTROOM - WOMEN'S FRONT NINE Entry mat or carpet clean/entry door fingermark-free/tile and painted walls clean/toilets clean/bowls, rims, tank tops and bodies/toilet seats clean, tops and under sides/mirrors clean and streak fee/soap dispenser clean and full/paper towel dispenser clean and full/toilet paper dispenser clean and full/seat cover and dispenser clean and full/counter top clean/sink and faucet fixtures clean and functional. Light fixtures clean, functional and bug-free/room air freshener clean and functional/trash receptacle, clean with liner, reasonable empty/napkin receptacles clean with liners. Unacceptable Needs Improvement Acceptable RESTROOM - MEN'S FRONT NINE Entry mat or carpet clean/entry door fingermark-free/tile and painted walls clean/toilet clean/bowls, rims, tank tops and bodies/toilet seats clean: tops and under sides/mirrors clean and streak-free/soap dispenser cleaned and full paper towel dispenser clean and full/toilet paper dispenser clean and full/seat cover dispenser clean and full/counter top clean and full/seat cover dispenser clean and full counter top clean/sink and faucet fixtures clean and functional/light fixtures: clean, functional and bug-free/room air freshener clean and functional/trash receptacle: clean with liner, reasonably empty/urinals: clean, splash mats and deodorant blocks. Unacceptable Needs Improvement Acceptable RESTROOM - WOMEN'S BACK NINE Entry mat or carpet clean/entry door fingermark-free/tile and painted walls clean/toilets clean/bowls, rims, tank tops and bodies/toilet seats clean, tops and under sides/mirrors clean and streak-free/soap dispenser clean and full/paper towel dispenser clean and full/toilet paper dispenser clean and full/seat cover and dispenser clean and full/counter top clean/sink and faucet fixtures clean and functional/light fixtures clean, functional and bug-free/room air freshener clean and functional/trash receptacle; clean with liner, reasonably empty/napkin receptacles clean with liners. Unacceptable Needs Improvement Acceptable RESTROOM - MEN'S BACK NINE Entry mat or carpet clean/entry door fingermark-free/tile and painted walls clean/toilet clean/bowls, rims, tank tops and bodies/toilet seats clean: tops and under sides/mirrors clean and streak-free/soap dispenser clean and full/seat cover dispenser clean and full/counter top clean/ sink and faucet fixtures clean and functional/light fixtures: clean, functional and bug-free/room air freshener clean and functional/trash receptacle: clean with liner, reasonably empty/urinals: clean, splash mats and deodorant blocks. Unacceptable Needs Improvement Acceptable 425 119/015610-0074 487989.07 a04/01/04 77 CLUBHOUSE AUDIT: CLUBHOUSE AUDIT DATE: MANAGER: AUDITORS: Area Clubhouse Golf Shop Pro Shop Food & Beverage Security/Accounting Carts Personnel Lockers 119/015610-0074 487989.07 a04/01/04 NEEDS UNACCEPTABLE IMPROVEMENT ACCEPTABLE 426 78 CLUBHOUSE MAINTENANCE CLUBHOUSE EXTERIOR 1. Parking lot trash-free/lot well striped and in good repair/trash bin area clean. Flags flying, flags and poles in good condition. Unacceptable Needs Improvement Acceptable 2. Exterior wall surfaces clean and cobweb-free/windows clean. Paint in good condition. All.signage in good condition and uniformed. Unacceptable Needs Improvement Acceptable 3. Ground well manicured/trash-free/walkways clean and edged, proper planting, flowers fresh and colorful, planter beds weed and trash -free. Unacceptable Needs Improvement Acceptable 4. Bag racks, shoe cleaners painted, clean and in good repair/pay phones clean/directories available. Unacceptable Needs Improvement Acceptable 5. Scorecards on carts with pencil/also available at golf shop counter. Unacceptable Needs Improvement Acceptable 6. Preventative maintenance programs in place for building and equipments. Unacceptable Needs Improvement Acceptable DRIVING RANGE Trash-free/mats in good condition/quality and quantity of ballsiball washer in good condition/walls clean/no trash/employee in uniform with name badge/baskets picked up on a regular basis/receptacle for cigarettes/no cigarette butts on walkways or in grass area/bag stands. Unacceptable Needs Improvement Acceptable ENTRY/LOBBY Interior paint in good condition/walls and vents clean/wall-mounted/pictures hung properly and clean/carpet vacuumed and spot -free or floor clean. Unacceptable Needs Improvement Acceptable RESTROOM - WOMEN'S Entry mat or carpet clean/entry door fingermark-free/tile and painted walls clean/toilets clean bowls, rims, tank tops and bodies/toilet seats clean, tops and under sides/mirrors clean and streak free/soap dispenser clean and full/seat cover and dispenser clean and full/counter top clean/sink and faucet fixtures clean and functional/light fixtures clean, functional and bug- free/room air freshener clean and functional/trash receptacle; clean with liner, reasonably empty/napkin receptacles clean with liners. Unacceptable Needs Improvement Acceptable RESTROOM - MEN'S 427 119/015610-0074 �y 487989.07 a04/01/04 Entry mat or carpet clean/entry door fingermark-free/tile and painted walls clean/toilet clean: bowls, rims, tank tops and bodies/toilet seats clean: tops and under sides/mirrors clean and streak-free/soap dispenser clean and full/paper towel dispenser clean and full/toilet paper dispenser clean and full seat cover dispenser clean and full/counter top clean/faucet fixtures clean and functional/trash receptacle: clean with liner, reasonably empty/urinals: clean, splash mats and deodorant blocks. Unacceptable MANAGERS OFFICE Needs Improvement Acceptable 1. Clean/files organized/manuals available/schedules, current and posted/manager in uniform with name badge/office door closed, if possible. Copy of current course maintenance plan available/monthly course inspection report available. Unacceptable Needs Improvement Acceptable 2. Staff scheduling uniform with name badge. # of employees: Unacceptable Needs Improvement 3. 5. R1 Tickler file on contracts and agreements. Unacceptable Needs Improvement Labor scheduling, Department Heads & Staff. Unacceptable Needs Improvement Manager schedule Unacceptable Needs Improvement Acceptable Acceptable Acceptable Acceptable Valet room - neat and proper, no trash. Customer viewpoint must be considered at all times.. Unacceptable Needs Improvement Acceptable 119/015610-0074 1190, 487989.07 a04/01/04 1,! GOLF (PRO) SHOP Customer Service: all staff have been trained in and provide first class service to customers [including staff empowered to handle customer problems). Unacceptable Needs Improvement Acceptable Ready Golf Signs up in pro shop and golf course - starters and marshals trained. Unacceptable Needs Improvement Acceptable Rounds and carts counted by shift - per Utilization Report, waiting lists, utilizing back nine. Unacceptable Needs Improvement Acceptable Cash handling: excess cash removed from cash register on a regular basis/checks endorsed/I.D.: major credit card, driver's license/employee's initials/register drawer closed between transactions/register display visible to golfer/V,R,X,Z keys stored, only management has access/credit card approval on all purchases over $ 100. 00/vendor code ring properly. Unacceptable Needs Improvement Acceptable Prices marked clearly with COST CODE and RECEIVED Date/Product knowledge suggestive selling/approved signage/merchandise hung and folded properly by color/departmentalized, clean and neat/no old stock. Unacceptable Needs Improvement Acceptable Carpet vacuumed and spot -free or floor clean/windows and mirrors clean and streak- free/shelves, counter tops, base boards, window ledges dusted/starter counter clean/dressing room clean, not used for storage. Unacceptable Needs Improvement Acceptable Staff in uniform/clean/neat and clean hair, beard shaved with name badge. Unacceptable Needs Improvement Acceptable Customer message board UP/current, legible/customer comment forms on counter. Unacceptable Needs Improvement Acceptable Starter's responsibilities: Starter sheet in ink legible; all last names only with ring number/complimentary play sheet by starter sheet/cart tickets dated, signed and with dollar amount/car key deposit control used/key deposit: stored, properly/paid out slips and overring slips used and filled out completely. Unacceptable Needs Improvement Acceptable Employee's handling of cash/no employee access to security cameras. Unacceptable Needs Improvement Acceptable 119/015610-0074 487989.07 a04/01/04 PRO SHOP Customer Service: all staff have been trained in and provides first class service to customers (including staff empowered to handle customer problems. Unacceptable Needs Improvement Acceptable Cash handling: excess cash removed from cash register on a regular basis/checks endorsed/I.D.: major credit card, driver's license/employee's initials/register drawer closed between transactions/register display visible to golfer/V,R,X,Z keys stored, only management has access/credit card approval on all purchases over $100.00/vendor code ring properly. Unacceptable Needs Improvement Acceptable Prices marked clearly with COST CODE and RECEIVED Date/Product knowledge suggestive selling/approved signage/merchandise hung and folded properly by color/departmentalized, clean and neat/no old stock. Unacceptable Needs Improvement Acceptable Carpet vacuumed and spot -free or floor clean/windows and mirrors clean and streak- free/shelves, counter tops, base boards, window ledges dusted/starter counter clean/dressing room clean, not used for storage. Unacceptable Needs Improvement Acceptable 119/015610-0074 487989.07 a04/01/04 430 82 FOOD AND BEVERAGE CUSTOMER SERVICE/FIRST CLASS SERVICE Non -transactional response, everyone has been empowered to handle customer's problem. Unacceptable Needs Improvement Acceptable SNACK BAR Staff in uniform: logo shirt/name badge/staff is friendly, smiling, and helpful. Unacceptable Needs Improvement Acceptable Cash Handling: Excess cash removed on a regular basis/drawer closed between transactions/register display visible to golf/V.R.X.Z keys stored/checks endorsed. Unacceptable Needs Improvement Acceptable Display case clean/well stocked with sandwiches and beer/appetizing appearance. Unacceptable Needs Improvement Acceptable Front counter clean/condiments fresh and in clean containers coffee and soft drink stations clean adequately stocked and ready for use/napkin dispensers clean and full. Unacceptable' Needs Improvement Acceptable Snack display well stocked and clean. Unacceptable Needs Improvement Acceptable Hot dog cooker clean/well stocked/adequate fresh buns. Unacceptable Needs Improvement Acceptable Menu board clean/no hand lettering. Unacceptable Needs Improvement Acceptable Storage areas: clean, shelves organized. Food and chemicals stored per applicable governmental regulations. Unacceptable Needs Improvement Acceptable DINING ROOM Chairs, seats and frames clean and in good repair/tables clean, tops and bases/carpets clean and in good repair. Unacceptable Needs Improvement Acceptable Dining area: carpet vacuumed and spot-free/windows clean and streak -free tables and chairs neatly arranged/table tops clean and bases dusted/chairs clean/linens neat and clean/lights clean and functional/staff in uniform, menu clean. Unacceptable Needs Improvement Acceptable 119/015610-0074 43183 487989.07 a04/01/04 Bar Seating Area: Carpet vacuumed and spot-free/windows clean and streak-free/bar stools, tables and chairs clean/far top clean with supplied neatly arranged/bar mats and floor clean/glass shelves clean and streak-free/staff in uniform with name tags/light fixtures clean and functional/back bar organizes liquor brands displayed and dusted/refrigerators clean and organized/beer dispenser and drains clean/license framed, posted, and current/liquor brands displayed and dusted/refrigerators clean and organized/beer dispensers and drains clean/license framed, posted, and current/liquor storage shelves organized and clean/liquor storage floors, walls, and vents clean. Approved -pouring brands in place for well and back bars. Unacceptable Needs Improvement Acceptable Kitchen: Dish washing machine clean and sanitation procedures followed/garbage disposal operable/pots, pans and all shelving grease-free/garbage cans clean with liners/chopper, slicer and mixer clean and operable, kitchen floors clean/drains operable and clean/hoods, filters clean/refrigerators clean and organized - food stored off of the floor/food film covered in refrigerators and freezers/walls and floors clean/fire extinguishers current/last Health Department inspection. Unacceptable Needs Improvement Acceptable Inventory organized, in locked storage when applicable/two staff members take the inventories. Unacceptable Needs Improvement Acceptable Equipment clean and function/freezers and refrigerators at correct temperature. Sink areas clean. Grill areas clean, good and filters clean. Trash containers clean including lidliner buff or brown/reasonably empty. Unacceptable Needs Improvement Acceptable OFFICE Banquet information available/contracts completed and signed for each booking with deposit/ contract being used. Banquet histories, call reports and files in place and current. Unacceptable Needs Improvement Acceptable Beverage requisition form being used/breakage being disposed of properly in bars and snack bars, if liquor is served. Unacceptable Needs Improvement Acceptable 119/015610-0074 487989.07 a04/01 /04 , , SECURITY AND ACCOUNTING Script, rain checks in small supply at register/all are accounted for/manager has reserve stored for management access only/staff trained to issue properly/proper paid -out, incorrect ring slip used and staff trained/stored in safe: extra keys -script -rain checks. Unacceptable Needs Improvement Acceptable Payables, weekly sales, daily packages filed in date order, utilized per accounting manual Profit and loss statements, payroll registers and general ledgers for management access only. Bi-weekly productivity report completed. Unacceptable Needs Improvement Acceptable Alarm system operational, staff trained to use/only management has pass through/fire extinguishers services. Unacceptable Needs Improvement Acceptable Proper accounting software on P.C., no excess programs. Unacceptable Needs Improvement Acceptable Parking and clubhouse lighting adequate, functional and on time, set properly for the season: off a.m. - on p.m. Unacceptable Needs Improvement Acceptable Bank deposits made during daylight hours only/one day or less, of receipts in locked safe/deposits in bank daily/transfers made daily. Unacceptable Needs Improvement Acceptable Safe locked, not on day lock. Combination last changed Unacceptable Needs Improvement Acceptable Cash verification. Unacceptable Needs Improvement Acceptable Tournament contracts files with receipt attached. Deposit rung and recorded day received. Unacceptable Needs Improvement Acceptable Security cameras Unacceptable 119/015610-0074 487989.07 a04/01/04 Needs Improvement Acceptable 433 815 Electric Carts on site. Quantity of carts down Unacceptable CARTS Needs Improvement Acceptable General Manager and cart mechanic understand and comply with agreement parts, batteries, warranties (copy of agreement in maintenance book). Unacceptable Needs Improvement Acceptable Maintenance records currently maintenance cardform in use/battery discharge records kept/all repairs dated/tools available. Unacceptable Needs Improvement Acceptable Necessary tools, electric discharge equipment available/being used carts being rotated/records kept/surfaces of batteries clean and free of acid, rest of cart chassis and mechanical recently cleaned. Unacceptable Needs Improvement Acceptable Carts being used for rental only/seats clean and in good repair/floor mats clean and in good repair/cart bodies and roofs in good repair, carts not over 3 years old. Unacceptable Needs Improvement Acceptable Cart storage area clean, no junk. Unacceptable Needs Improvement Acceptable Employees demonstrate caring customer service/neat and clean/hair clean/shaved/employees in uniform with name badge/proper shoes. Unacceptable Needs Improvement Acceptable 119/015610-0074 487989.07 a04/01/04 434 8P PERSONNEL Time clocks, operational, cards available, racks for cards. Hotline poster, for employees eyes only. (Spanish available where necessary.) Unacceptable Needs Improvement Acceptable Required state and federal forms posted by time clock. OSHA 200 form posted in clubhouse. Unacceptable Needs Improvement Acceptable Personnel card files up to date to include key and uniform issue. Attestation forms on file for all employees. Unacceptable Needs Improvement Acceptable First aid kit available and adequately stocked. Phone number for emergencies, police, and fire posted. Unacceptable Needs Improvement Acceptable Monthly staff and safety meetings being held. Forms complete and up-to-date. Unacceptable Needs Improvement Acceptable Inclement weather staff -reduction procedure in place. Unacceptable Needs Improvement Acceptable New employee forms available, checklist/applications/loss prevention/employee handbook/Reid reports/payroll deduction forms/insurance enrollment cards/liability claim form. Unacceptable Needs Improvement Acceptable Additional personnel forms checklist/liability claim form. Unacceptable Employee background checks Unacceptable 1. 2. 3. 4. 5. available, verbal warning/written warnings/termination Needs Improvement Acceptable Needs Improvement Acceptable DEFICIENT ITEMS ITEM: REQUIRED COMPLETION DATE: 435 119/015610-0074 487989.07 a04/01/04 Q V 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 436 119/015610-0074 487989.07 a04/01/04 88 EXHIBIT "C" CITY OF LA QUINTA SILVERROCK RANCH GOLF COURSE NOTICE OF GOLF COURSE DEFICIENCY [SEE FOLLOWING PAGE] 43w 119/015610-0074 89 487989.07 a04/01/04 City of La Quinta SilverRock Ranch Golf Course NOTICE OF GOLF COURSE DEFICIENCY Golf Operations Greens Fairways & Roughs Tees Driving Range Maintenance Records & Schedules Lakes & Water Hazards Maintenance Employees Maintenance Shop & Equipment Traffic Control Rest Room Statement of Deficiency Describe nature of deficiency to be corrected: Reported By: Date Statement of Correction Due: Date: Statement of Correction Describe what has or will be done to correct this deficiency: _ M Date: Clubhouse Operations Clubhouse Golf Shop Hard Goods Pro Shop Food & Beverage Security & Accounting Carts Personnel Lockers Acknowledgement of Deficiency Correction It is hereby acknowledged that the above -listed golf course deficiency has been satisfactorily corrected. For City of La Quinta By: Date: 438 119/015610-0074 487989.07 a04/01/04 90 For B Date: 119/015610-0074 487989.07 a04/01/04 439 91 EXHIBIT " D" GOLF COURSE BOUNDARY MAP 119/015610-0074 487989.07 a04/01/04 �` 'VAL, Ttie Keith Oarnponoeto A".. TAP. AW% I / OF COUNCIL/RDA MEETING DATE: April 6, 2004 ITEM TITLE: Consideration of Approval of a Professional Services Agreement with Landmark Golf Management to Provide Grow -In Services for SilverRock Resort RECOMMENDATION: As deemed appropriate by theCity Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The Redevelopment Agency has budgeted $5,184,200 for professional services for SilverRock Resort, from which two contracts remain to be awarded, including grow -in services and permanent clubhouse design. This contract is for grow -in services, of which $600,000 was preliminarily budgeted. Landmark Golf has prepared a grow -in budget in the amount of $914,773, which exceeds the budgeted amount by $314,773. The increase is due primarily to overseeding operations, which will be required in late fall so that the course may open on schedule in early 2005. While there will be anticipated cost savings from existing contracts, the implementation of this contract will require, the transfer of $157,387 in taxable contingency funding and $157,386 in tax-exempt contingency funding for a total of $314,773 to the professional services account. These account balances are $1,657,465 and $3,755,351, respectively. Operational costs after grow -in and upon opening of the golf course are the City's responsibility and will be accounted for within the City's annual budgeting process. 443 442 CHARTER CITY IMPLICATIONS: Because this project is being funded with Redevelopment Agency funds, there is a prevailing wage requirement in the professional services agreement. BACKGROUND AND OVERVIEW: The City Council authorized distribution of a Request for Proposals (RFP) for Golf Course Management Services at its November 4, 2003 meeting. The RFP outlined desired services including pre -opening tasks to monitor construction and supervise "grow -in" and, after opening, day-to-day maintenance and operational services. The City received twelve proposals. Six firms were interviewed by the Consultant Selection Committee. The Committee ranked the firms and recommended three for follow-up interviews with the City Council, including Troon Golf, OB Sports, and Landmark Golf Management. On December 16, 2003, the City Council authorized invitations to the aforementioned three firms, and interviewed them on January 9, 2004. Following the interviews, the City Council authorized staff to negotiate contracts with Landmark Golf Management, LLC. The contract negotiation process was protracted because Landmark Golf requested modifications to the contracts contained within the RFP including contracts for a "Management Agreement" and for a "Professional Services Agreement." The first referenced contract provides for golf course operations once the course is completed. The latter referenced contract provides for pre -golf course opening activities and duties. The requested modifications focused on termination and indemnification language, equipment ownership, force majeure, performance evaluation criteria, and advancement of funds. These issues have now been resolved as represented in the attached documents (Attachment 1). The term shall commence at the time the contract is executed and terminate on the day the golf course opens for play. The term shall be separated into two (2) phases: Pre -Opening Consulting Phase — Date agreement is executed through the date when the City sends written notification that construction of the golf course irrigation system has commenced. 2 444 Pre -Opening Operations Management Phase — Date when the City sends written notification that construction of the golf course irrigation system has commenced through the first day that the golf course is open to the public. Notwithstanding any other provision of the Agreement to the contrary, the Agreement shall terminate on the earlier of (i) the date when the golf course is open to the public, or (ii) the date that is thirty (30) months following the effective date of the Agreement. Landmark Golf is providing pre -opening consulting and operations management at no cost to the City. The City will reimburse Landmark for items listed in Exhibit "E" of the agreement up to the amount listed for each item. The contract also provides that other items of expenses require the written pre -approval of the City Manager. Specifically, the contract states, "Landmark may request an advance of the next month's budgeted reimbursements as shown on Exhibit "E." The amount of the Advance shall be in the absolute discretion of the City Manager but in no event shall the request for the Advance seek funding beyond that amount identified for that month on Exhibit "E." The request for the Advance shall include documentation for the next month's reimbursables. The requested Advance shall only include those items that Landmark, in good faith, anticipates will be expended during the next month in performing this Agreement. All requests for Advances must be accompanied by proof, to the City's reasonable satisfaction, that any sums previously advanced were expended for the purposes for which they were advanced. Upon receipt of Landmark's request for an Advance, the City shall promptly and reasonably review the same, and if the requested Advance is approved by the City, the City will pay the Advance within 15 days." A detailed scope of services is set forth in Exhibit "A" of the attached Professional Services Agreement (Attachment 2). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the Professional Services Agreement with Landmark Golf Management, LLC not to exceed $914,773, to provide grow -in services for SilverRock Resort; or 2. Do not approve the Professional Services Agreement with Landmark Golf Management, LLC to provide grow -in services for SilverRock Resort; or 3. Provide staff with alternative direction. 3 445 Respectfully submitted, k 4, '� e3 Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Landmark Golf Management Proposal 2. Professional Services Agreement n 44s LANDMARK Golf Company Advisory Board Robert Wagner Chairman Johnny Bench Rick Dees Bill Devane John Elway Larry Gatlin Ed Marinaro Dr. Gil Morgan Don Ohlmeyer Mike Shanahan ATTACHMENT 1 Landmark November 26, 2003 Mr. Mark Weiss, Acting Executive Director La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, CA 92253 Re: SilverRock Ranch Management RFP Dear Mark, Thanks for your letter dated November 21, 2003 and your and Roy Stephenson's time after the Mandatory Pre -Proposal Meeting held November 19, 2003. Ed Schiller and I appreciated the opportunity to talk openly in person. We have reread the RFP and the Golf Course Management Agreement and read the attachment to your letter - the City Ordinance and Resolution. With this information in mind, Landmark's approach reflected in our response to the RFP dated November 7, 2003 is to provide the most economical arrangement possible for the City. We acknowledge up front that we are presenting an economic approach to the RDA while maintaining the highest level of quality service. We request that our proposal be considered; we are passing on Landmark's savings to the City. Landmark is not only proven as qualified to operate your golf facility if selected as Manager, Landmark's management from the top down is local and available full- time, year round. Our local presence is what creates a major part of our reduced costs that are passed on to SilverRock Ranch. There will not be costs of the following nature; therefore a reduction in costs to the RDA as a result of Landmark's local management: ❑ Travel expense o Housing y ❑ Mileage o Meals o Phone bills o Travel time Landmark is known nationwide for its cost-effective, quality golf operations and for 32 years of leadership in this desert. 74-947 Highway 111 • Suite 200 • Indian Wells, California 92210 Phone (760) 776-6688 • Fax (760) 776-6686 www.landmarkgolf.com 5 447 The economics of Landmark's proposal are straightforward. ❑ Upon execution, Landmark will begin its contracted duties immediately and give input to the completion of grow -in free of charge. ❑ Upon opening of the first golf course, Landmark will be paid a total of $7,500 per month. ❑ Upon the beginning of construction of the second golf course, Landmark's monthly fee will increase to $12,500. ❑ Upon the opening of the second golf course, Landmark's monthly fee will increase to $14,000. ❑ At the one-year anniversary date from opening of the second golf course, Landmark's monthly fee will increase to $16,000. ❑ At the two-year anniversary date from opening of the second golf course, Landmark's monthly fee will increase to $18,000. Landmark has many reasons for desiring to be involved with the City of La Quinta and SilverRock Ranch but none are more important than "success .through quality golf. " We are available to discuss the proposal above. Your contact throughout. this: y process will be either ,one of the signatures below. Either of us can be reached at ahe: follow numbers and address: . Phone (760) 776-6688' — Fax (760) 776-6686 Yours truly, .' oe Walser Jr. Executive Vice President Landmark Golf Management. 74-947 Hwy, 111, Suite 200 Indian Wells, CA 92210 Ed Schiller Vice President of Operations RFP Response - SilverRock Ranch TABLE OF CONTENTS PART I -EXECUTIVE SUMMARY .................................. PART II — COMPANY OVERVIEW ........................................ PART II - REQUIRED CONTENTS OF PROPOSAL ............. ❑ Statement of Qualifications .......................... I. List of Project Personnel ■ Ernie Vossler E ■ Joe Walser Jr. ■ Edward Schiller ■ Judy Vossler II & III. Experience and Contracts IV. Financial Stability V. Public Agency Experience ❑ Project Understanding and Approach........... o Scope of Services ........................................ REFERENCES PREPARED BY: LANDMARK GOLF MANAGEMENT 1 1 2 2 3 3 4 8 13 13 15 16 16 16 c 449 7 RFP Response - 3ilverRock Ranch Executive Summary Landmark Golf Management ("Landmark") is pleased to submit this proposal for management services at SilverRock Ranch for the City of La Quinta. Landmark believes that our proven track record of successful, highest quality management services will be of great value to the City of LaQuinta. Landmark Golf Company is a golf management, Real Estate development, and consulting company based in Indian Wells, California. Ernie Vossler and Joe. Walser formed their initial company, Unique Golf Concepts in 1971. Landmark Land Company purchased Unique Golf Concepts in 1974, and both gentlemen oversaw the tremendous growth of the company and projects such as PGA West, LaQuinta Hotel Golf and Tennis Resort, Oak Tree Golf Club, Kiawah Island, Carmel Valley Ranch, Palm Beach Polo and Country Club and Mission Hills Country Club. The company offers Real Estate master planning, golf course architecture, golf development and management services to a select number of clients seeking the same quality and high standards that were evident at the projects listed above. Landmark's decades of experience and vast network allow us to attract and retain the qualified talent necessary to operate our clients' facilities in only a first class manner. Landmark employs a number of PGA Golf Professionals and Golf Course Superintendents Association of America Member Superintendents. Our facilities currently under management range from daily fee to private country clubs. Landmark executives have experience managing all types of golf facilities, from resort, daily fee and to private clubs. 9 Company Overview A few companies today stand out in the golf course development and management business. Landmark's principals have proven time and again how to create and manage successful golf facilities, real estate operations, and resort amenities. We have formed a team of talented and very experienced individuals, all with backgrounds in the golf and development business that share a passion for providing quality, professional management services for our clients. Our commitment to quality is the cornerstone by which we have achieved our success as a management and development company. We are committed to providing the best possible golf experience for each guest of our clubs, and we are committed to our owners to develop and operate the very best facility in the market place with the assets available. Guests who visit Landmark managed facilities come away with a memorable Landmark experience. Landmark was the first golf company to successfully bundle club services and charges in the 70's and 80's. We didn't feel that club members and guests should be subjected to the typical "nickel and dime" mentality of the average clubs and courses. BY including range balls, lockers, carts and other services in one price, our club members and guests of our daily fee courses were able to experience a memorable day of golf for one price. This was the beginning of the Landmark 8 PREPARED sY: LANDMARK GOLF MANAGZ=NT 1 4 O RFP Response - SilverRock Ranch experience. From the very highest standards in customer service to the identity established by the Oak Tree Logo, Landmark set the bar for others to emulate. We believe that two of the most important factors that keep bringing guests to our facilities are great service and excellent golf course conditions. Landmark has developed the highest levels of customer service at our managed facilities, and also the very best possible playing conditions for the available budget and marketplace. We feel that by applying our standards of operating excellence, La Quinta residents and other golfers will have nothing but the best experience at SilverRock Ranch. Today, we know we have achieved our goals and honored our commitments when the guests who have played our clubs leave with a great sense of satisfaction and enjoyment from their golf experience, the Landmark experience. Additional benefits: 1. Landmark has secured agreements with large national vendors offering significant discounts and rebates on golf shop merchandise, food and beverage items, food and beverage equipment, FF&E items for clubhouse and maintenance, fertilizer, irrigation parts, golf carts and maintenance equipment. 2. Ability to acquire the necessary talent to operate your facilities by using our vast network of talent built by our decades. of experience in the golf business. 3. Knowledge of necessary agronomic practices in the market. .4. Ability to execute effective marketing and promotional plans in order to. build awareness. 5. Access to the network of experienced, specialized consultants for additional third -party validation of solutions to problematic challenges. In summation, Landmark Golf Management is -confident in our abilities to apply our time - tested methods and many years of experience to provide a first class golf facility and services that guests find enjoyable, memorable, and affordable. We will work hard to earn your trust and respect as your golf operator. Landmark Golf Management will add significant value to SilverRock Ranch. I REQUIRED CONTENTS OF PROPOSAL A. Statement of Qualifications: I. Project Personnel: This proposal is submitted by Landmark Golf Management, LLC, formed as a California Limited Liability Company. The Company has its corporate headquarters in Indian Wells, California. The same individuals, who produced golf and resort projects with worldwide reputations of excellence for Landmark Land Company, Inc., from 1974 to 1992, formed the present company in 1992. 9 ftmAMD BY: LANDmA= GOLF MANAGEMENT 2 4 J i RFP Response - SilverRock Ranch The principals of Landmark Golf Company are: Ernest O. Vossler Joe Walser, Jr. Johnny Pott Andy Vossler Other corporate executives are: Ed Schiller Tony Campanaro Tom Gilliam Ed Gerlach, ASLA Judy Vossler Eddie Vossler Owner/President Owner/Executive Vice President Owner/Senior Vice President OwnerNice President Vice President of Operations Director of Merchandising Chief Financial Officer Director of Design Director of Marketing and Tournament Operations Acquisitions/Finance Joe Walser is in charge of operational matters concerning our managed facilities. Ed Schiller will be the corporate operations contact for the City of La Quinta, and he will be responsible for all aspects of operations at SilverRock Ranch. The respective project's General Manager will report to the Vice President of Operations, Ed Schiller. Please refer to the attached resumes for further biographical information on Ernie Vossler, Joe Walser and Ed Schiller. Johnny Pott, Senior Vice President is responsible for the Design and Construction Management Department. Johnny was a successful PGA TOUR player from 1957 to 1972, winning five Tour tournaments and has been an integral part of the Landmark team since 1970. Tony Campanaro, Director of Merchandising, is responsible for the successful marketing of merchandise of the golf retail outlets. Tom Gilliam, Chief Financial Officer, has oversight of all accounting and audit functions related to our managed facilities. One of Landmark's distinct advantages over other firms is our direct access to two of the golf industry's proven leaders: Ernie Vossler and Joe Walser. They have hand picked their corporate staff based upon honesty, integrity, commitment to excellence, and proven experience. These two individuals are icons in the industry and are available at any time to ensure that collectively, we all have the information to make the right recommendation related to your assets. Resume of Key Operations Employees and related experiences: PMPARBD BY: LANDMARK GOLF MANAGEMENT s 1� 4o) RFP Response - SilverRock Ranch Ernie Vossler, President Ernie Vossler began his golf career as a member of the high school golf team in Ft. Worth, Texas. Growing up in Ft. Worth, it was natural for Vossler to become acquainted with Ben Hogan and Byron Nelson', both of whom wrote letters on his behalf so that he could join the PGA TOUR. As a TOUR member, Vossler won five times between 1955 and 1962. In 1961, to provide stability for his growing family, he accepted the position as Head Golf Professional at a planned new country club development in Oklahoma City, stopped actively playing on the TOUR and joined the development team, which successfully completed Quail Creek Golf and Country Club. Vossler remained at Quail Creek for 12 years. During that time, he was named PGA National Club Professional of the Year for outstanding abilities as an operator and teacher. Many of his former students became successful PGA and LPGA TOUR players. In 1971, with partner Joe Walser, Jr., Vossler formed Unique Golf Concepts, Inc. to create golf developments. Together they built Marsh Island Golf Club in Ocean Springs, Mississippi; The Cardinal Club in Greensboro, North Carolina; and Oak Tree Golf Club in Edmond, Oklahoma. Vossler, with knowledge of great golf locations from his years on the PGA TOUR, acquired options for land in La Quinta and Carmel, California. Those properties became La Quinta Hotel Golf & Tennis Resort and Carmel Valley Ranch. In 1974, Unique Golf Concepts, Inc. was purchased. by Landmark Land Company, Inc. Vossler continued to oversee land acquisition for projects such as PGA WEST, Moreno Valley Ranch and Oak Valley along with the purchase and expansion of Mission Hills Country Club. Developments that achieved national Prominence while he was .with Landmark Land Company, Inc., include La Quinta Hotel Golf & Tennis Resort, Mission Hills Country Club, PGA WEST, Oak Tree Golf Club, Oak Tree Country Club, Moreno Valley Ranch, Carmel Valley Ranch, Palm Beach Polo and Country Club and Kiawah Island. After Landmark Land, in 1993 Vossler started Landmark Golf Company, reassembled key staff members and set up a golf course design, construction and management firm. Landmark immediately began acquiring land for project development and signed management contracts for operating golf facilities. As President and Principal in Charge of Oak Tree Golf and Development, Ernie oversees the general performance of the company and ensures that all needed resources are provided. Recently, he was inducted into the Southern California PGA Hall of Fame. Landmark is located in Indian Wells, and Ernie Vossler is a 30-year resident of La Quinta, California. Joe Walser, Jr. Owner / Executive Vice President - Joe Walser began his go lf career as a member of his high school golf team in Oklahoma City, Oklahoma, playing on the team that won three straight State High 1 School Championships. Walser graduated from Oklahoma State University and J full scholarship. He competed as #1 man on the participated on the golf team with a p P team winning several conference championships. He won the Oklahoma State Amateur and the Oklahoma Open. He competed on PGA TOUR for two years and decided to - 11 s 4 PREPARED BY: LANDMARK GOLF MMAGEWNT 4 J RFP Response - SilverRock Ranch leave the TOUR after a wrist injury. The responsibility of a wife and three children also contributed to his decision. He then started a 15-year career as a club golf professional. He was President of the South Central Section of the PGA of America for two consecutive years and represented his section on the PGA of America Board of Directors for two terms. He won the Horton Smith Award, a national award for the person recognized as giving the most to the education of fellow professionals. In 1971, with Ernie Vossler, Walser formed Unique Golf Concepts, Inc. to create golf developments. Together they built Marsh Island Golf Club in Ocean Springs, Mississippi; The Cardinal Club in Greensboro, North Carolina; and, Oak Tree Golf Club in Edmond, Oklahoma. Walser, along with Vossler, using their knowledge of great locations from their years on the PGA TOUR, acquired options for land in La Quinta and Carmel, California. Those properties have become La Quinta Hotel Golf & Tennis Resort and Carmel Valley Ranch. In 1974, Unique Golf Concepts, Inc. was purchased by Landmark Land Company, Inc. Walser was Senior Vice President of Landmark Land Company, Inc. for 18 years where he was in charge of all golf operations, golf course design and golf course construction. These courses include PGA WEST in La Quinta, California which hosted the Bob Hope Chrysler Classic and where the Skins Game was held for six years; Oak Tree Golf Club in Edmond, Oklahoma which hosted the 1994 U.S. Amateur and the 1988 PGA Championships; Kiawah Island Golf Resort, South Carolina which hosted the 1991 Ryder Cup matches; La Quinta Hotel Golf Club in La Quinta, California which held the World Cup and Senior Skins Game; Mission Hills Country Club in Rancho Mirage, i California which held the World Cup and hosts the Nabisco Dinah Shore; Carmel Valley g Ranch, Carmel, California and the Palm Beach Polo Club, Palm Beach, Florida. From 1992 to 1996 Walser worked for the PGA TOUR as Chief Operating Officer of PGA TOUR Golf Course Properties, Inc. overseeing the operations of 20 Tournament Players Clubs (of which 12 host PGA TOUR events), PGA TOUR Design Services, Inc. and PGA TOUR Construction Services, Inc. Walser also represented the PGA TOUR at all PGA of America Board Meetings. In 1996 Walser rejoined his business partner Ernie Vossler and Landmark Golf Company. Walser serves as the Executive Vice President of Landmark Golf Management and oversees all of the company's operations. Landmark is located in Indian Wells, and Joe Walser is a long-time resident of La Quinta, California. Detail Resume, Joe Walser: PROFESSIONAL EXPERIENCE Landmark Golf Company Owner / Executive Vice President PRLPA=D BY: LANDMARK GOLF MANAO MENT 1996 to Present 5 4�4 RFP Response - SilverRock Ranch Indian Wells, California Joe Walser, Jr. has a name and reputation that are unparalleled in Golf in America. Walser's myriad of experiences in the golf industry spans over 40 years. Today, as Executive Vice President of Landmark Golf Company, Walser's diverse expertise is focused on land acquisitions, real estate development, master planned golf communities, golf project construction, golf club operations, membership plans and golf tournament management. PGA TOUR Chief Operating Officer Ponte Vedra Beach, Florida 1992 to 1996 From 1992 to 1996 Walser worked for the PGA TOUR as Chief Operating Officer of PGA TOUR Golf Course Properties, Inc. overseeing world wide operations of 20 Tournament Players Clubs (of which 12 host PGA TOUR events), PGA TOUR Golf Course Design Services, Inc. and PGA TOUR Construction Services, Inc. Walser also represented the PGA TOUR at all PGA of America Board Meetings. Landmark Land Company, Inc. Senior Vice President La Quinta, California 1974 to 1992 In 1974, Unique Golf Concepts, Inc., was purchased by Landmark Land Company,.lnc. Walser was Senior Vice President of Landmark Land Company, Inc. for 18 years where he was in charge of all golf operations, golf course design and golf course construction. These courses include PGA West in La Quinta, California which has hosted the Bob Hope Chrysler Classic and where the Skins Game was held for seven years; Oak Tree Golf Club in Edmond, Oklahoma which hosted the 1994 U.S. Amateur and the 1988 PGA Championships; Kiawah Island Golf Resort, South Carolina which hosted the 1991 Ryder Cup matches; La Quinta Hotel Golf Club in La Quinta, California which held the World Cup and Senior Skins Game; Mission Hills Country Club in Rancho Mirage, California which held the World Cup and hosts the Nabisco Dinah Shore; Carmel Valley Ranch, Carmel, California and the Palm Beach Polo Club, Palm Beach, Florida. Unique Golf Concepts Senior Vice President (Co Founder) La Quinta, California 1971 to 1974 In 1971, with Ernie Vossler, Walser formed Unique Golf Concepts, Inc., to create golf developments. Together they built Marsh Island Golf Club in Ocean Springs, Mississippi; The Cardinal Club in Greensboro, North Carolina; and, Oak Tree Golf Club in Edmond, Oklahoma. Walser, along with Vossler, using their knowledge of great locations from their years on the PGA TOUR, acquired options for land in La Quinta and Carmel, California. Those properties have become La Quinta Hotel Golf & Tennis Resort and Carmel Valley Ranch. P=PAMD BY: LMDMAM GOLF MANAGEM NT 1.3 435 RFP Response - SUverRock Ranch General Manager and Director of Golf at Altus Country Club, Altus, Oklahoma (three years) General Manager and Director of Golf at Lake Hefner Golf Club, Oklahoma City, Oklahoma (six years) Director of Golf at Oklahoma City Golf and Country Club, Oklahoma City, Oklahoma (five years) EDUCATION Oklahoma State University, Stillwater, Oklahoma Bachelors Degree, Education - Attended on a full scholarship Capital Hill High School, Oklahoma City, Oklahoma ACHIEVEMENTS PGA of America Board Member, National Vice -President 1968 to 1970 and 1983-84 PGA of America Horton Smith Award 1970 Played on the varsity golf team Played #1 on the golf team for three years Undefeated in match play for three years Won conference championship two years Won Oklahoma State Amateur Championship Won Oklahoma Open Won over 25 miscellaneous amateur events Played the PGA TOUR 1959-1960 Golf Projects that Ernie Vossler and Joe Walser, Jr. - Have Planned/Constructed/Owned/Operated Quail Creek C.C. Oklahoma City, OK Oak Tree Country Club Oklahoma City, OK The Cardinal Greensboro, NC La Quinta Hotel Golf & Tennis Resort La Quinta, CA Carmel Valley Ranch - Carmel, CA Belle Terre Country Club La Place, LA 4 Mission Hills Country Club Rancho Mirage, CA PGA West La Quinta, CA Palm Beach Polo & Country Club West Palm Beach, FL , CA Moreno Valley Ranch Moreno Valley, Kiawah Island Kiawah Island, SC Oak Valley Golf Club Beaumont, CA - The Plantation Indio, CA Las Vegas Paiute Resort Las Vegas, NV Mission Hills Resort Guan Lan Town, Shenzhen, China Oak Valley S.C.P.G.A. Beaumont, CA Landmark Golf Club Indio, CA Landmark Golf Club at Oak Quarry Riverside, CA Golf Club of California Fallbrook, CA Landmark at Hemet Golf Club Hemet, CA The Ranch at Silver Creek San Jose, CA PREPARED ": LANDMAM GOLF MANAGEMENT 7 4 4 RFP Response - SilverRock Ranch Golf Projects Joe Walser, Jr. Has Planned/Constructed/Operated Altus Country Club Altus, OK Quail Creek Country Club Oklahoma City, OK Lake Hefner Golf Course Oklahoma City, OK Oklahoma City Golf & Country Club Oklahoma City, OK Chief Operating Officer 1992 to 1996 PGA Tour Golf Course Properties, Inc. ' TPC — Summedin Las Vegas, NV TPC — Sawgrass Ponte Veden, FL TPC —Scottsdale Scottsdale, AZ TPC — Michigan Dearborn, MI TPC — Avenel Potomac, MD TPC - Tampa Bay Lutz, FL TPC - Eagle Trace Coral Springs, FL TPC - Piper Glen Charlotte, NC k TPC — Prestancia ' o Sarasota, FL TPC — Southwind Memphis, TN TPC - River Highlands Cromwell, CT TPC — Jacksonville Jacksonville, FL TPC - Heron Bay Coral Springs, FL TPC - Jasna Polona Princeton, NJ TPC — Sugarloaf Atlanta, GA Edward J. Schiller, Vice President of Operations Edward J. Schiller's career started in 1986 with Landmark Land Company of California, at Mission Hills Country Club, as the Assistant Controller. He was responsible for preparing all Financial Statements, Committee Reporting and Budgeting Analysis for Mission Hills Golf Club. He also designed and implemented a ' new sales journal procedure and early bird sales recap for management, which is now being used in all Landmark resort and country club facilities. After managing the installation of the Point of Sales system for the opening of Landmark Land Company's Carmel Valley Ranch Resort, and the information system and telecom expansion for the La Quinta Hotel, he served as Systems Manager at La Quinta Hotel where he was responsible for all computer operations at the large resort complex consisting of 640 rooms, 3 championship golf courses, 33 tennis courts and 5 restaurants. In May of 1992 Ed joined Western Golf Properties as Financial Controller of Pelican Hill Golf Club in Newport Beach, California and "worked his way up" to Vice President of New Development. While at Western Golf, Ed was affiliated with such projects in Southern California as Oak Creek in Irvine, The Meadows at Del Mar, and Ocean Trails in Palos Verdes. With start PREPARED sY: LANDMARK GOLF MANAGEMENT his experience in golf and resort operations, Ed departed from Western Golf to Schiller Golf Consulting in 1999. As President and Founder of Schiller Golf L 15 457 RFP Response - SilverRock Ranch Consulting, he specialized in all areas of golf operations and development. His consulting services consisted of Market Feasibility Studies, Financial Plans, Business Startup Plans, Computer System Evaluations and Web Page Designs. Ed returned to Landmark in February 2001 as Vice President of Operations to oversee all facets of Landmark Golf Management's operating contracts. His educational background includes his degree from the University of Windsor in Ontario, Canada where he received an Honors Bachelor of Commerce with a Major in Finance and Economics, and Minor in Accounting. Detail Resume, Ed Schiller PROFESSIONAL EXPERIENCE Landmark Golf Company February, 2001 to Present Vice -President of Operations, Indian Wells. California • Responsible for all facets of golf operations for Landmark Golf Company, owned, managed and consulting properties. Current projects to date: The Golf Club of California - Fallbrook, California The Ranch Golf Club - San Jose, California Oak Valley Golf Club - Beaumont, California Landmark Golf Club - Indio, California Landmark Golf Club at Oak Quarry - Riverside, California Landmark at Hemet Golf Club - Hemet, California Mojave Resort - Laughlin, Nevada Shadow Hills Golf Club - Indio, California Schiller Golf Consulting March, 1999 to February, 2001 Principal, Riverside. California • Schiller Golf Consulting was a consulting company that specializes in all areas of Golf operations and development. Consulting services consist of Market Feasibility Studies, Financial Plans, Business Startup Plans, Computer System Evaluations and Web Page Designs. Clients: 1. The Irvine Company - Pelican Hill and Oak Creek Golf Club. Performed year 2000 compliance testing and upgrade for all computer systems. Coordinated and projected managed the SBT financial system software and hardware upgrade. 2. Spieker Properties, Black Point Partnership. Performed miscellaneous consulting projected related to the Stone Tree Golf Club. 3. Landmark Golf Club at Oak Quarry. Performed their startup detail operational financial plan for years 2000 and 2001. PREPARED ST: LANDMARK GOLF MAMAGEMENT J 16 458 RFP Response - 8ilverRock Ranch courts and five restaurants. • Duties included managing a 1200 port GTE OMNI PBX phone switch, 100 port Basic Four - CLS Property Management System, 50 terminal NCR Point of Sale System, 30 PC Novell LAN Network (Software: Lotus 123, Q&A, Word Perfect and Miracle), 10 Unysis - M&D Back office system and all other miscellaneous Hotel systems, TCA, Credit Card Deposits, Time Clocks, etc. • On the management opening team for Carmel Valley Ranch Resort, responsibilities were Point of Sales. On the management expansion team for La Quinta Hotel, responsibilities included all computer systems and telecom. Assistant Controller, Mission Hills Country Club Rancho Mirage, California • Responsible for preparing all Financial Statements, Committee Reporting and Budgeting Analysis for Mission Hills Golf Club. • Designed and implemented a new sales journal procedure and Early Bird sales recap for management, which is now being used in all j Landmark Resort and Country Club facilities. • Corporate Projects - NCR Point of Sales System and golf shop Perpetual Inventory System. EDUCATION University of Windsor 1981 to 1985 Ontario, Canada Honors Bachelor of Commerce Major: Finance and Economics. Minor: Accounting ACHIEVEMENTS Golf • Winner of several amateur golf tournaments and qualified and participated in several provincial and amateur championship. • Played for the University of Windsor Golf Team — 1982, Provincial Champions. • Misc. Running: Completed 30 plus marathons/ultras and four Ironman events. • Coached ice and roller hockey. • Skiing, multi -sport events, tennis, hockey, reading and bridge. Golf Projects Ed Schiller has been affiliated with: Alabama: Gulf Shores (Potential Golf Project) PRLr mw BY: LMDKMM C IOU bIANAMMUT 17 11 453 RFP Response - SUverRock Ranch Western Golf Properties, Inc. May, 1992 to March, 1999 Vice President of New Development, Scottsdale. Arizona • Responsible for all facets of accounting, insurance, human resources, and financial reporting for Western Golf Properties and their managed golf properties. (10 projects, 270 holes, were under management operations and 11 under construction or development and were schedule to open in the next year). • Responsible for all projects reporting for pre -opening, startup, maturation and FF&E capital. In addition, responsible for business plan evaluation during the feasibility and development stages. Schiller performed seven startup business plan evaluations of which Western Golf has been awarded four new construction and operating management contracts. • Responsible for Western Golf Properties feasibility analysis for new golf development. Schiller performed seven market feasibility studies for the Orange County daily fee market, Orange County private and public golf market, Inland Empire daily fee golf market, Los Angles daily fee market, San Francisco Bay Area daily fee golf market, Golf Shores Alabama daily fee and semi -private golf markets and the Seattle Food & Beverage Banquet Market. Controller, Pelican Hill & Oak Creek Golf Clubs (Irvine Company Properties) Newport Coast, California • On the management opening team for the construction of Oak Creek Golf Club. This project had a $24 million construction budget, which was under budget by $1.2 million, opened on time as scheduled and a net operating margin in excess of 50 % in the first year of operation. • Accounted for increase in annual Revenue from $4 million to $22 million and Net Operating Profits of 30% to currently over 52%. • On the management opening team for construction of the Ocean Course North at Pelican Hill which included all of the Job Cost Accounting. ($12 million construction budget) • Responsible for all facets of accounting and financial reporting for Pelican Hill (36 holes) and Oak Creek (18 holes) Golf Clubs. • Implemented a Management by Objective program for all levels of employees and management to reduce operating expenses increase revenues and most of all, to improve customer service. • Supervised a staff of 6 personnel including two people at Oak Creek and four people at Pelican Hill Golf Club. Landmark Land Company of California, February,1986 to May,1992 System Manager, La Quinta Hotel La Quinta, California • Responsible for all computer operations at a large hotel complex consisting of 640 rooms, three championship golf courses, 33 tennis PREPARED SY: LANDMARK GOLF MANAGEMENT 10 460 is RFP Response - 3ilverRock Ranch Arizona: Estrella Mountain Ranch Golf Club - Goodyear The Country Club at Prescott Lakes - Prescott California: Arroyo Trabuco Golf Club - Rancho Mission Viejo (Potential Golf Project) Carmel Valley Ranch Golf Club - Carmel Chiquita Canyon Private Golf Club - Rancho Mission Viejo (Potential Golf Project) Hasley Canyon Golf Club - Los Angeles County (Potential Golf Project) Landmark Golf Club at Oak Quarry - Riverside Landmark Golf Club - Indio ' Landmark at Hemet Golf Club - Hemet La Quinta Hotel Golf & Tennis Resort - La Quinta Lost Canyons Golf Club - Simi Valley Mission Hills Country Club -Rancho Mirage Mission Hills Resort - Rancho Mirage Moreno Valley Ranch Golf Club - Moreno Valley Oak Creek Golf Club - Irvine Oak Valley Golf Club - Calimesa. Ocean Trails Golf Club - Palos Verdes Pelican Hill Golf Club - Newport Coast PGA WEST Golf Club - La Quinta Rancho La Sierra Golf Club - Norco Shady Canyon Golf Club - Irvine Shadow Hills Golf Club - Indio Sierra Lakes Golf Club - Fontana StoneTree Golf Club - Marin The Meadows del Mar - Del Mar The Golf Club of California - Fallbrook The Ranch Golf Club - San Jose Oklahoma: Oak Tree Golf Club - Edmond Oak Tree Country Club - Edmond Louisiana: Belle Terre Country Club - La Place Florida: Palm Beach Polo and Country Club - West Palm Beach Washington: TPC Snoqualmie Ridge Golf Club - Snoqualmie Canada: �j Three Sisters Resort Golf Club - Canmore, Alberta 1TW*P WARdD sY: LAN DMARK GOLFMAI(ACiLr�[BNT 12 4� v RFP Response - 8ilverRock Ranch Shadow Hills Golf Club (five-year contract with five- year extension 2003 to 2013) at Sun City Shadow Hills by Del Webb Indio, CA 18 holes, Semi -Private Currently Under Construction, planned to open 2004 Owner Contact: Paul Quill Director of Land Pulte Homes, Southern California 39755 Berkey Drive Palm Desert, CA. 92211 quillp@delwebb.com 760-772-5334 760-772-5372 FAX 760-578-8191 CELL Henry B. DeLozier Pulte Homes, Inc. Vice President - Golf 15333 N. Pima Road Suite 300 Scottsdale, AZ 85260 480-391-6204 480-391-6254 FAX. 602-739-0488 CELL The Golf Club of California (five-year contract — May 2001 to June 2007) Fallbrook, CA 18 holes, Private Club phone 760-451-8702 Owner Contact William Lyon Homes, Inc. Wade Cable, President 949-476-5410 Paradise Ridge (Owned by Landmark Land Company of Arizona) Phoenix, AZ 2200 acre Master Planned Community currently under development Owner Contact Ernie Vossler, President Landmark Golf Company 74947 Hwy 111 Ste 200 Indian Wells, Ca 92210 760-776-6688 PREPARED sY: LANDMARK GOLF MANAGEMENT 14 4 F RFP Response - SilverRock Ranch Hotels and Resorts: La Quinta Hotel Golf & Tennis Resort - La Quinta Carmel Valley Ranch Resort - Carmel` k Palm Beach Polo Club Resort - West Palm Beach Judy Vossler, Vice President of Marketing and Tournament Operations Judy Vossler began her career in the Coachella Valley in 1980 when she joined the staff of Landmark Land Company at La Quinta Hotel, then a 76 room seasonal hotel. Ms. Vossler served as the General Manager of La Quinta Hotel for 10 years from 1984 through 1993 and was responsible for all operational functions, staffing, expansions, renovations, sales, marketing and community relations as well as interfacing with the golf and tennis facilities of La Quinta Hotel, PGA West and Mission Hills. During that period of time she was intricately involved with the design, planning and construction of various remodel and expansion projects at La Quinta Hotel that resulted in a world class 640 rooms/suite full service destination -convention resort. From 1994 through 1998, Ms. Vossler was employed by KSL Recreation Corporation in 3 community relations and real estate marketing, which maintained her close ties to La Quinta Resort and PGA West. In January 1999, Ms. Vossler rejoined the Landmark team as a Vice President of Landmark Golf Company. Her concentration was 1)Tournament Director for the prestigious Skins Game (1999 through 2002) and the Giddings Cup and 2) Communications and Public Relations for Landmark. More recently she has also become Tournament Director for the annual Betty Ford Tournament. Throughout her career in the Coachella Valley, Ms. Vossler has been actively involved in community development and with many non-profit and charitable organizations. In 1995, La Quinta's Chamber of Commerce named Judy Vossler "Citizen of the Year." II & III. Experience and Contracts: Current Management Agreements: Landmark Golf Club (five-year contract — January 2002 to January 2007) Indio, CA 36 holes, Daily Fee Club phone 760-775-2000 Owner Contact (Lehman Brothers) Harold Kliederman Pacific Equities Group P.O. Box 151108 415-459-7700 San Rafael, CA 94915-1108 415-454-3970 FAX PREPARED BY: LANDMARK GOLF MANAGEMENT 1.5 1J 463 RFP Response - SilverRock Ranch The Ranch at Silver Creek (5-year contract — 2003 to 2007) San Jose, CA 18 holes, Daily Fee Under Construction, planning to open in May 2004 Owner Contact William Lyon Homes, Inc. Wade Cable, President 949-476-5410 Landmark at Hemet Golf Club (ten-year contract — 2003 to 2013) Hemet, CA 18 holes, Semi -Private Owner Contact Bill Kubly, CEO Landscape Golf Group, LLC, 1201 Aries Drive Lincoln, NE 68512 Mobile: 402-430-6378 Ernie Vossler, President Landmark Golf Company 74-947 Hwy 111, Ste 200 Indian Wells, CA 92210 760-776-6688 IV. Financial Stability: Ernie Vossler and Joe Walser's primary business conduit is through Oak Tree Golf & Development Company, LLC. It functions as the investment arm for the principals that include Emie, Joe, Johnny Pott and Andy Vossler. Oak Tree Golf and Development Company ("Oak Tree") has investments in various entities and Oak Tree has accomplished this without debt. As in any investment company profitability comes through the maturation of its assets. The primary asset of Oak Tree is its investment in Landmark Land Company of Arizona, Inc. Oak Tree holds twenty-five percent of the outstanding stock of Landmark Land Company of Arizona, Inc., whose primary holding is a 2500-acre development in north Phoenix, Arizona. This development is in the midst of the premier development corridor along Scottsdale Road. This asset is expected to reach its greatest profitability within the next two years for ten to twelve years in the future. Oak Tree holds majority ownership in other entities that include Landmark Golf Company, Landmark Golf Limited Partnership and Landmark Golf Management, LLC, which was recently formed to conduct golf management services with Pulte/ Del Webb Shadow Hills. Through these entities, the principals apply their accumulated expertise in golf course design, golf course construction management and golf course operations management. PREPARED BY: LANDKmm GOLF MANAGEMENT rH 22. 464 RFP Response - SilverRock Ranch V. Public Agency Experience: Lake Hefner Municipal Golf Course - Okalahoma City, OK General Manager/Head Golf Professional: Joe Walser, Jr. Owner: The City of Okalahoma City, Ok. Operator: Joe Walser, Jr. B. Project Understanding and Approach: Landmark's philosophy is to create value through quality and service. Each facility that we manage or provide consulting services to set the standard in their respective markets for quality. Because of our perseverance and dedication to the game of golf, we have been able to formulate the ideas and establish procedures that have been proven to provide excellence. Our team is. unmatched in our ability to operate golf facilities. We call it The Strength of Experience. C. Scope of Services: Our plan for day to day operations include but are not limited to: ■ Develop a competitive analysis and marketing plan with advertising schedules. ■ Install Landmark's policies and procedures for golf shop, accounting, outside service course assistants and starters, and golf course maintenance departments. ■ Install Landmark's guest services standards. j ■ Install golf course maintenance standards to be managed by the course 1 superintendent with direct support from the corporate office. ■ Evaluate all existing merchandise and adjust inventory levels and future orders Director of Merchandising will as needed. Our Dire 9 Provide a detailed evaluation of the retail operations with an action plan for items needing improvement. Conduct monthly site inspections and provide written report to onsite personnel and city officials. ■ Focus on constantly maintaining the quality of all personnel hired for the operation of the facilities. ■ Evaluate all golf programs and provide actionplan for imp rovements. PREPARED BY: LANDMARK GOLF MANAGEMENT 16 23 465 RFP Response - 8ilverRock Ranch ■ Utilize Landmark's national account program vendors to improve profitability and quality of retail operations. ■ Utilize Landmarkkis national account program vendors to upgrade any necessary golf course maintenance equipment, ancillary . golf vehicles, maintenance transportation vehicles, and evaluate bther maintenance purchasing and vendors for operational efficiency. ■ Ensure compliance with all laws, statutes, regulations and ordinances of all governmental entities with respect to maintenance, operation management, and golf course usage. ■ Meet on a pre -determined schedule with City representatives to review operational performance. ■ Implement customer service feedback program via comment cards, customer surveys, secret shopper program, and Internet E-mail. ■ Review capital spending and provide action plan. Landmark managed facilities provide a better product and higher levels of customer service and overall experience than our competition. We don't attempt to apply a standard list of products or services in a cookie cutter fashion. Areas of service improvement that we will assure our clients are: Golf Shop We have the experience and know how to improve the bottom line and to enhance the image, win awards, and enhance the buying experience for our guests. Enhancing Community Awareness Busy golf courses sometimes forget that they are part of a community. The residents of La Quinta are all owners of the facilities, and we need to continue to reach out to them and provide more opportunities for participation. Providing a relaxed, no pressure atmosphere for women, easy access for juniors, and more affordable programs for seniors should be at the top of the priority list. Golf Course Maintenance Simply put, our standards are higher. We demand more from our superintendents. We provide them with the tools necessary to produce the best course conditions possible. Better attention to detail will be a result of our direct involvement. Outside Services These individuals are often the first to greet and the last to interact with the guest. t Outside service is an important piece of the overall experience. Commission programs, cross training between this department and the F&B outlets, first tee greeter (starter) enhancements, improvements in the training of player assistants (rangers) and increased offering of services by these team members such as fixing PMPAMD BY: LANDMARK GOLF MANAGntENT 17 2 i} 466 RFP Response - SilverRock Ranch ball marks, course management suggestions, raking bunkers and simply being friendly are all enhancements that will help provide the Landmark Experience. Safetv and Sanitation Landmark Golf Company understands the complexity of laws and regulations regarding workplace safety compliance. We have safety programs for our managed facilities that are managed by the on site golf course superintendent and closely monitored by the General Manager and Corporate Operations staff. Safety meetings, impromptu tail gate meetings, training documentation, training materials, and audits by insurance professionals are all part of this program. Also, a custom Best Management Practices (BMP) guideline document will be provided and implemented. Management and Operations Supervision An operations professional based in our corporate office supervises each facility. Site visits are performed weekly. Monthly reports include a total facility inspection, review of recent financial results, golf course inspection with the General Manager and Golf Course Superintendent, and when, possible, visits to the competition for service comparisons. We encourage the owner to accompany our staff on the golf course and facility inspection, and schedule site visits to accommodate the owner's schedule. A review of budget variances, pertinent financial information, marketing programs, service issues/enhancements, and upcoming events is also shared with the owner representative during the site visit. A detailed, graded report is provided. Training Programs Utilizing on site department heads under the guidance, of the corporate office, ongoing training will focus on the following: Outside Services Operation - all areas of outside service with guest contact to include language program, service operations from the guest viewpoint, shadowing of all positions of guest operation including first tee greeter/starter, player assistant and cart attendant. Recognizing areas of concern, anticipation of needs, and empowerment. Each employee will be familiar with Landmark history and other pertinent company information. Golf Shop Operation - point of sale operation, tee time reservation system, phone techniques, anticipation of guests' needs, general opening and closing procedures, tournament operations, language program, empowerment, and Landmark information will be discussed. A custom tailored Policy and Procedures manual will be given to each employee. Retail and Merchandising - training by our Director of Merchandising to include general display, taking advantage of available space, suggestive selling, merchandise receiving, point of sale system, budgets, retail accounting and terms, customer service and empowerment. A comprehensive buying plan will be tailored for each facility. P=PAMD BY: LMDMAM GOLF MANAGEMENT 25 4 6 7 RFP Response - SilverRock Ranch Paul Quill Director of Land Pulte Homes, Southern California 39755 Berkey Drive Palm Desert, CA. 92211 quillp@delwebb.com 760.772.5334 phone 760.772.5372 fax Cell. 760.578.8191 Wade Cable William Lyon Homes 4490 Von Karmen Newport Beach, CA 92660 949-476-5410 949-252-2505 FAX Bill Kubly, CEO Landscape Unlimited, LLC, 1201 Aries Drive Lincoln, NE 68512 Mobile: 402-430-6378 Henry B. DeLozier Pulte Homes, Inc. Vice President - Golf 15333 N. Pima Road Suite 300 Scottsdale, AZ 85260 Office Telephone: 480.391.6204 Mobile Telephone: 602.739.0488 j Lesco Tom Comalli, Manager National Accounts & New Construction j 6832 Woodlock Way { Citrus Heights, CA 95621 888-407-4849 916-722-1157 FAX 4 Mojave Resort (Former owners, Club sold in May 2003) HB Equities/Conseco Mike Bonnet Principal Rob Scafura, Vice President 212-980-5510 * PREPARED BY: LANDMARK GOLF MANAGEMENT 20 zt 468 RFP Response - SilvesRock Ranch Administration - telephone techniques, language program, payroll administration, accounts payable, accounts receivables, banking, and gift certificates. Golf Course Maintenance - genera[,desired course conditions, attention to detail, clubhouse grounds, awareness of guests on course, preventative maintenance, turf management, equipment orientation, ongoing equipment training and documentation, safety program, irrigation system, budgets, record keeping, personnel records. A custom grounds and greens orientation manual will be given to each employee. The execution of proper training ensures that your facilities will remain consistent within Landmark's standards of quality. References Deane Beman, Former Commissioner of the PGA TOUR 112 PGA Tour Blvd. Ponte Vedra Beach, FL 32082 1-800-556-5400 4 Jim Awtrey, Chief Executive Officer The PGA of America 100 Avenue of the Champions P.O. Box 109601 Palm Beach Gardens, FL 33410-9601 561-624-8401 561-624-8410 FAX Larry Litchliter, Executive Vice President KSL Recreation, Inc. 56140 PGA West Blvd. La Quinta, CA 92253-4600 760-564-8000 760-564-8005 FAX Tom Levy Coachella Valley Water District P.O. Box 1058 Coachella, CA 92236 949-218-0033 949-218-0034 FAX Tom Gustafson, Executive Director/CEO Southern California Section PGA 36201 Champions Drive Beaumont, CA 92223 909-845-4653 909-769-6734 469 PREPARED W: LANDMARK GOLF MANAOMMNT 19 vi AGREEMENT FOR PROFESSIONAL SERVICI ATTACHMENT 2 THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into as of the Effective Date (as that term is hereinafter defined) by and between the CITY OF LA QUINTA, a municipal corporation ("City"), and Landmark Golf Management, LLC, a California limited liability company, ("Consultant"). In consideration of the promises and of the mutual covenants and agreements hereinafter contained, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Consultant do hereby covenant and agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services; Contract Sum; Time of Performance. Consultant shall provide the services shown on Exhibit "A" hereto ("Scope of Services"). The Consultant shall be compensated in accordance with the terms of Exhibit "B" hereto ("Contract Sum"). Consultant shall commence and complete the services described in the Scope of Services within the time period shown on Exhibit "C" hereto ("Schedule of Performance"). Consultant agrees that all services shall be performed in a competent, professional, and satisfactory manner in accordance with the standards prevalent in the industry. The City hereby designates the following person/officer as Project Manager to act on City's behalf City Manager or authorized designee. Consultant hereby designates the following person to act on Consultant's behalf: Johnny Pott. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work or make changes by altering, adding to, or deducting from said work; provided, that any material alteration must be consented to in writing by the Consultant. No such work shall be undertaken unless a written order is first given by the City to Consultant, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation not to exceed five percent (5%) or less of the Contract Sum, or in the Schedule of Performance not to exceed a cumulative total of one hundred eighty (180) days, may be approved by the City's Project Manager. Consultant hereby agrees to a background check by the City's Police Department if Consultant shall work with persons of eighteen (18) years of age or under. (See Exhibit "A.") 1.2 Compliance with Law. All services rendered shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State, or local governmental agency having jurisdiction and in effect at the time service is rendered. Furthermore, each and every provision required by law to be inserted into this Agreement shall be deemed to be inserted, and this Agreement shall be read and enforced as though they were included. 124/015610-0074 470 489641.06 a04/01/04 28 1.3 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement with the exception of land -use licenses, permits, fees and assessments imposed by the City of La Quinta and/or the Redevelopment Agency of the City of La Quinta, specific to SilverRock Golf Course. 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 Consultant's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City thereunder. 1.4 Performance to Satisfaction of City. Consultant agrees to perform all work to the satisfaction of City within the particular time specified for each type of work to be provided by Consultant. If Consultant's work is not satisfactory, the City has the right to take appropriate action, including but not limited to: (1) meeting with the Consultant to review the quality of the work and resolve matters of concern; (2) requiring Consultant to repeat the work at no additional fee until it is satisfactory; (3) suspending the delivery of work to Consultant for an indefinite time; (4) withholding payment; and (5) terminating this Agreement as hereinafter set forth. 1.5 Independent Consultant. 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. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise, or a joint venturer, or a member of any joint enterprise with Consultant. 1.6 Prohibition Against Subcontractingor r Assignment. The City may, in its sole discretion, assign this Agreement, in whole or in part, to the La Quinta Redevelopment Agency and/or the La Quinta Public Financing Authority. The experience, knowledge, capability, and reputation of Consultant, and its principals and employees, were a substantial inducement for the City to enter into the Agreement. Therefore, Consultant shall neither directly nor indirectly assign this Agreement to any person or entity nor contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City Manager or his/her designee. In addition, neither the Agreement, any interest, nor any ownership interest of any type in the Consultant therein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, its parent(s), affiliates, and/or subsidiaries taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including in any bankruptcy proceeding, the City may void the Agreement at City's option in its sole and absolute 124/015610-0074 j I 489641.06 a04/01 /04 discretion. No approved transfer shall release any surety of Consultant of any liability hereunder without the express consent of City. 1.7 Familiarity with Work. By executing the Agreement, Consultant warrants that Consultant (a) has investigated and considered the Scope of Services to be performed, (b) has considered how the services should be performed, and (c) understands the known and currently apparent facilities, difficulties, and restrictions attending performance of the services under the Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services thereunder. Should the Consultant discover any conditions, including any latent or unknown conditions, which will materially affect the performance of the services thereunder, Consultant shall immediately inform the City in writing of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City's Project Manager. 1.8 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under the Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of the Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 2.0 INSURANCE AND INDEMNIFICATION 2.1 Insurance. Without limiting Consultant's indemnification obligations, Consultant shall procure and maintain, at its cost and for the duration of this Agreement, comprehensive general liability and property damage insurance, including automobile and excess liability jnsurance, against all claims for injuries against persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, and/or subcontractors. If applicable, Consultant shall also carry Workers' Compensation Insurance in accordance with State of California Workers' Compensation laws. All of Consultant's insurance, with the exception of its professional liability insurance, shall name the City, and its City Council and all the City Council appointed groups, committees, boards, and any other City Council appointed body, and elected or appointed officers, servants, employees, agents, representatives and volunteers (collectively hereinafter "City and City Personnel") as additional insureds. All of Consultant's insurance (i) shall contain no special limitations on the scope of protection afforded to City and City Personnel; (ii) shall be primary insurance and any insurance or self-insurance maintained by City or City Personnel shall be in excess of the Consultant's insurance and shall not contribute with it; (iii) shall be "occurrence" rather than "claims made" insurance; (iv) shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability; and (v) 124/015610-0074 489641.06 a04/01 /04 shall be written by good and solvent insurer(s) qualified to do business in the State of California, registered with the California Department of Insurance and acceptable to City. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, or non -renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to City by U.S. mail, certified, or by personal delivery. In addition to such notice provided to City by the insurer, Consultant shall also provide City with thirty (30) days prior written notice, by certified mail, return receipt requested, of the suspension, voiding, cancellation, reduction in coverage or limits, non -renewal, or material change for any reason, of any such insurance policy or policies. Each insurance policy shall be endorsed to state that the insurer shall waive all rights of subrogation against the City and City Personnel. Consultant shall furnish City with duplicate originals of insurance policies and original endorsements effecting coverage required by this Agreement which shall be received and approved by City before work commences. The duplicate originals and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. The procuring of such insurance or the delivery of duplicate originals and endorsements evidencing the same shall not be construed as a limitation on Consultant's obligation to indemnify the City and City Personnel. The amount of insurance required hereunder shall be as follows: (i) General Liability (including premises and operations, contractual liability, personal injury, independent contractors liability): One Million Dollars ($1,000,000.00) Single Limit, per occurrence. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be three times the occurrence limit. (ii) Automobile Liability (including owned, non -owned, and hired autos): One Million Dollars ($1,000,000.00), Single limit, per occurrence for bodily injury and property damage. (iii) Workers Compensation and Employer's Liability: One Million Dollars ($1,000,000.00) per accident (if Consultant is required to have per the laws of California). Any deductibles or self -insured retentions must be declared to and approved by the City prior to the execution of this Agreement by City. If Consultant is required to provide Workers' Compensation Insurance, Consultant shall file with City the following signed certification: "I am aware of, and will comply with, Divisions 4 and 5 of the California Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to City before execution of the Agreement." #73 124/015610-0074 1 489641.06 a04/01 /04 For any Workers' Compensation and Employer's Liability Coverage, the insurer shall agree to waive all rights of subrogation against the City and City Personnel arising from work performed by the Consultant for the City. Consultant shall require all subcontractors similarly to provide such Workers' Compensation Insurance for their respective employees. In the event Consultant has no employees requiring Consultant to provide Workers' Compensation Insurance, Consultant shall so certify to the City in writing prior to the City's execution of this Agreement. The City and City Personnel shall not be responsible for any claims in law or equity occasioned by failure of the Consultant to comply with this section or with the provisions of law relating to Workers' Compensation. 2.2 Indemnification. 2.2.1 By Consultant. Consultant agrees to indemnify, defend, and hold harmless the City and City Personnel against any and all actions, suits, claims, damages liabilities, including legal costs and attorney's fees and expert witness fees, whether or not suit is actually filed, and any judgment rendered against City and/or City Personnel (hereinafter, collectively, "Claims") that may be asserted or claimed by any person, firm, or entity arising out of or in connection with the performance of the work, operations, or activities of Consultant, its agents, employees, subcontractors, or invitees; provided, however, Consultant shall not be required to indemnify, defend, and hold harmless the City and City Personnel if the Claim arises from or is caused in whole by the acts, omissions, or errors of the City and/or City Personnel and Consultant shall only be required to indemnify, defend, and hold harmless City and City Personnel to the extent City and/or City Personnel are not at fault if the Claim arises in part, by the acts, omissions, or errors of the City and/or City Personnel. 2.2.2 By City. City agrees to indemnify, defend, and hold harmless Consultant against any and all actions, suits, claims, damages liabilities, including legal costs and attorney's fees and expert witness fees, whether or not suit is actually filed, and any judgment rendered against Consultant (hereinafter, collectively, "Claims") that may be asserted or claimed by any person, firm, or entity arising out of or in connection with acts, errors, or omissions of City or City Personnel acting in their official capacity pertaining this Agreement; provided, however, City shall not be required to indemnify, defend, and hold harmless Consultant if the Claim arises from or is caused in whole by the acts, errors, Ior omissions of Consultant, and City shall only be required to indemnify, defend, and hold harmless Consultant to the extent Consultant is not at fault if the Claim arises in part, by the acts, omissions, or errors of Consultant. 3.0 MISCELLANEOUS PROVISIONS 3.1 Legal Actions. The Municipal and Superior Courts of the State of California in the County of Riverside shall have the exclusive jurisdiction of any litigation between the parties arising out of this Agreement. This Agreement shall be governed by, and construed under, the laws of the State of 474 124/015610-0074 3 2 489641.06 a04/01/04 California. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of 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. Service of process on City shall be made in the manner required by law for service on a Ipublic entity. Service of process on Consultant shall be made in any manner permitted by law and shall be effective whether served within or outside of California. Consultant acknowledges that service of process may be effected by service on its registered agent in California, which as of the Effective Date of this Agreement is: Diane Sylvester. Consultant shall promptly notify City in writing of any change pertaining to the entity or address serving as Consultant's registered agent in California. 3.2 Rights and Remedies are Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of its 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. 3.3 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether arising out of this Agreement or otherwise) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and all amounts for which City may be liable to third parties, by reason of Consultant's negligent acts, errors, or omissions, or willful misconduct, in performing or failing to perform Consultant's obligations under this Agreement. City in its sole and absolute discretion may withhold from any payment due Consultant, without liability for interest, an amount sufficient to cover such claim or any resulting lien. The failure of City to exercise such right to deduct or withhold shall not affect the obligations of the Consultant to insure and indemnify City as elsewhere provided herein, or act as a waiver of Consultant's obligation to pay City any sums Consultant owes City. 3.4 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. 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. 33 124/015610-0074 489641.06 a04/01 /04 4 �' 3.5 Termination By City. City may terminate this Agreement only for cause, upon thirty (30) days prior written notice and demand to cure to Consultant; provided, however, that notwithstanding the foregoing the City may terminate this Agreement without cause if the City Council fails to grant approval for the final construction of the Golf Course, or if the City determines in its sole and absolute discretion (i) not to develop the Golf Course, or (ii) following commencement of construction of the Golf Course, not to complete construction of the Golf Course, or (iii) following construction of the Golf Course, not to open or operate the Golf Course. Upon receipt of any notice of termination from City, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the City. Consultant shall be entitled to compensation for all services rendered prior to receipt of City's notice of termination and for any services authorized in writing by the City thereafter. 3.6 Right to Stop Work; Termination By Consultant. Consultant may terminate this Agreement only for cause, upon thirty (30) days' prior written notice to City. Consultant shall immediately cease all services hereunder as of the date Consultant's notice of termination is sent to the City, except such services as may be specifically approved by the City. Consultant shall be entitled to compensation for all services rendered prior to the date the notice of termination is sent to the City and for any services authorized in writing by the City thereafter. 3.7 Attorneys' Fees. If either party to this Agreement is required to initiate or defend, or is made a party to, any action or proceeding in any way connected with this Agreement, . the party prevailing in the final judgment in such action or proceeding, in addition to any other relief which may be granted, shall be entitled to reasonable attorney's fees and expert witness fees. Attorney's fees shall include reasonable costs for investigating such action, conducting discovery, and all other necessary costs the court allows which are incurred in such litigation. 3.8 Non -liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City, or for any amount which may become due to Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 3.9 Conflict of Interest. No officer, official, employee, agent, representative, or volunteer of City shall have any financial interest, direct or indirect, in this Agreement, participate in any decision relating to this Agreement which affects his or her financial interest or the financial interest of any corporation, partnership or association in which he or she is interested, in violation of any Federal, State, or City statute, ordinance, or regulation. 124/015610-0074 476 489641.06 a04/01 /04 34 3.10 Covenant Against Discrimination. Consultant covenants for itself, its heirs, executors, assigns, and all persons claiming under or through it, that there shall be no discrimination against any person on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the performance of this Agreement. Consultant further covenants and agrees to comply with the terms of the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101 et seq.) as the same may be amended from time to time. 3.11 Notices. Unless otherwise provided herein, all notices required to be delivered under this Agreement or under applicable law shall be personally delivered, or delivered by United States mail, prepaid, certified, return receipt requested, or by reputable document delivery service that provides a receipt showing date and time of delivery. Notices personally delivered or delivered by a document delivery. service shall be effective upon receipt. Notices delivered by mail shall be effective at 5:00 p.m. on the third calendar day following dispatch. Notices shall be delivered to the following addresses: To City: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attn: City Manager To Consultant: Landmark Golf Management, LLC 74-947 Highway 111, Suite 200 Indian Wells, California 92210 Attn: President Changes in the address to be used for receipt of notices shall be effected in accordance with this Section 3.11. 3.12 Records and Reports. Upon request by City, Consultant shall prepare and submit to the City any reports concerning Consultant's performance of the services rendered under this Agreement. City shall have access, upon reasonable notice, to the books and records of Consultant related to Consultant's performance of this Agreement in the event any audit is required. All drawings, documents, and other materials prepared by Consultant in the performance of this Agreement (i) shall be the property of City and shall be delivered to City upon request of the City or upon the termination of this Agreement, and (ii) shall not be released publicly without the prior written approval of the City. Any use by City of any unfinished documents shall be at the sole risk of the City. Any reuse by City of any documents on any other project without the prior written consent of Consultant shall be at the sole risk of the City. Consultant shall keep and maintain all records and reports related to this Agreement for a period of five (5) years following termination of this Agreement, and the City shall have access to such records in the event any audit is required. 477 124/015610-0074 489641.06 a04/01/04 35 3.13 Interpretation; Severability. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. The Section headings are for purposes of convenience only, and shall not be construed to limit or extend the meaning of this Agreement. Each provision of this Agreement shall be severable from the whole. If any provision of this Agreement shall be found contrary to law, the remainder of this Agreement shall continue in full force. 3.14 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement, and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 3.15 Time of Essence. Time is of the essence in the performance of the Agreement. 3.16 Force Maieure. The time period specified in this Agreement for performance of services shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the City or Consultant, as the case may be, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or legitimate police power acts of any governmental agency, including the City, if the delaying party shall within ten (10) days of the commencement of such delay notify the other party in writing of the causes of the delay. If the Consultant is the delaying party, the City shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay as mutually agreed by the parties; provided that if no agreement is reach, the period of delay shall be as determined by the City in the exercise of its reasonable discretion and the City's determination in such event shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused. Consultant's sole remedy shall be extension of this Agreement pursuant to this Section 3.16. 3.17 Corporate Authority. The person(s) executing this Agreement on behalf of the parties hereto 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 said party is bound. The Consultant shall complete_ a W9 Form in the form attached hereto as Exhibit "D." 124/015610-0074 489641.06 a04/01/04 36 478 3.18 Public Contracts Law. City is subject to the provisions of law relating to public contracts in the State of California. It is agreed that all provisions of law applicable to public contracts are a part of the Agreements to the same extent as though set forth herein, and shall be complied with by Consultant. When applicable, Consultant shall not pay less than the prevailing wage. It shall be the responsibility of the Consultant to obtain the Prevailing Wage Rates from the Director of Industrial Relations of the State of California directly or through the Contract Officer. 3.19 Contracts and Agreements. All leases and financing agreements for equipment needed for the grow in of the Golf Course entered into during the term of this Agreement shall be entered into by Consultant as the contracting party and approved, as to form and vendor, by the City. City agrees, upon expiration or termination of this Agreement, if Consultant is not operating as the manager of the Golf Course pursuant to the Golf Course Management Agreement, to assume all such agreements it has so approved so long as no breach by Consultant (except if breach is caused by City) in the Assumed Agreements has occurred prior to assumption. [Signature Page Follows] 124/015610-0074 489641.06 a04%O1/04 37470 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date set next to the signature of the City ("Effective Date"). Dated: ATTEST: City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP M. Katherine Jenson, Esq. City Attorney CITY OF LA QUINTA Mayor CONSULTANT: Landmark Golf Management LI-M Dated: Name: Title: By: Dated: Name: Title: 124/015610-0074 489641.06 a04/01/04 Q 48V Exhibit "A" to Agreement for Professional Services Scope of Services The Pre -Opening Consulting phase primarily covers the timeframe from the time the contract is executed through the commencement of construction of the golf course irrigation system. Consultant shall be available to consult with the City on issues including, but limited to, the following: Development Committee Member Upon contract signing, Consultant will work diligently and enthusiastically with the City in implementing the scope of services outlined in this agreement. Consultant shall. make available key Consultant personnel whose expertise can help the successful development of a high quality golf facility on budget and that can be operated according to projected revenue and expense expectations. Design and Programming Phase Consultant will meet and work with the golf course architect, golf course consultants, and the clubhouse architect and consultants (and the maintenance building and restroom architect, if separate) as necessary to consult on the plans and specifications for the three facilities listed below: Golf Course Consultant will work with the golf course architect to review the construction specifications. The purpose will be to assure, from an operations perspective, that the golf course can be maintained efficiently and cost effectively; and will satisfy other special needs of the City. Consultant will focus on issues such as: playability factors, pace of play, drainage and irrigation, cart path routing and curbing, tees and greens specifications; selection of the testing laboratory, selection of turf mix, soil testing and soil recommendations for greens, tees, fairways, roughs, and native areas, reviewing water quality and testing; irrigation and pump station selection; selection of fertilization pumps and tanks and system type, bunker specifications, utilize Integrated Pest Management (IPM) during design and construction, landscaping, driving range plan, traffic flow, review the entire land plan including the location of the maintenance building, clubhouse and parking, entrance and the like. All findings and analysis will be discussed with the City Manager for its consideration and possible action. 124/015610-0074 489641.06 a04/01/04 39 481 Clubhouse Consultant will help the City establish the overall Temporary Clubhouse theme that will integrate the food and beverage, pro shop, restroom facilities and open spaces created by the architect. In addition, Consultant will assist the architect in the establishing the Temporary Clubhouse construction programming and specifications that will coordinate the approved theme with the proposed development and operating budgets. This includes issues such as: general layout and interior specifications, traffic flow and circulation, operational functionality, general & administrative programming, kitchen and food & beverage programming; also programming for the "turnstand" food and beverage service after 9 holes to assure efficiency, maximize revenues and quality customer service; also pro shop programming, entrance and parking, bag drop, cart storage, waste removal area. Consultant will also work with the interior designer in the development of the FF&E (furniture, fixtures and equipment) programming and begin the preliminary selection process. Consultant will meet and work closely with the City until the Temporary Clubhouse plan and budget is approved. Maintenance Building and Golf Course Restrooms Consultant will assist the clubhouse architect in developing the overall design and floor plan programming of these buildings. Included items: Soil storage, fuel tanks, pesticide and fertilizer storage, rinse pad, mix load area, fluids storage area. Consultant will review the placement of and site plan relating to the maintenance facilities, Pump House Building and restrooms and will develop the maintenance equipment list for City approval. Consultant will manage the set-up of each facility per the approved budgets. Consultant will work closely with the City until the plans and budgets for these facilities are developed and approved. Golf Course General Contractor and the Clubhouse, Maintenance Building and Golf Course Restrooms Contractor Consultant will consult with the architect, the construction manager, and the City in developing the final design specifications and bid packages and reviewing the bids from the general contractors. 482 124/015610-0074 489641.06 a04/01/04 40 Consultant would attend the oral interviews and provide opinions for the City's consideration and confidentially advise the City and the construction manager during the negotiations phase with the selected candidate as requested. Pre -Opening Budget Consultant will work with the City and the construction manager in preparing the development budget format to be used during the development phase. This will include all line items from financing expenses to pre -opening expenses incurred up to opening day. Consultant will work with the City, the architects, and the construction manager to achieve the approved design objectives while seeking development budget savings where possible. Consultant will take direct responsibility for developing and managing those budgets that are not included in the golf course general contractor's budget and area of responsibility which can include, but are not limited to: Clubhouse FF&E budget Maintenance building set-up budget Golf course restrooms supplies budget Golf course grow -in budget Pre -opening marketing budget Pre -opening operations budget Consultant will develop these budgets working in close coordination with the City and will implement the budgets after achieving final City approval. Construction Phase Consultant will work with the City's Construction Manager to review adherence to the approved plans and specifications; and provide advice and opinions on possible changes to improve general playability, operational efficiency, and general maintenance improvements, if necessary. This design and progress analysis will be discussed at the regular Development Committee meetings as the golf course takes shape. Consultant will schedule regular bi-monthly site visits or more often as needed with appropriate personnel. Consultant will assist the City and the architect(s) in developing the specifications for the clubhouse, maintenance building and golf course restrooms for City approval and will assist the Construction Manager in verifying the implementation of the approved plans and specifications. 124/015610-0074 489641.06 a04/01/04 1 483 Pre -Opening Marketing Consultant will develop the pre -opening marketing plan and budget for discussion with, and approval from, the City. The pre -opening marketing budget would likely include the following: Collateral Materials Coordinate with Agency's marketing consultant the logo design and development, stationary and brochure design and printing, Scorecard design and printing, yardage guide design and printing, photography, develop press kit (including golf course and clubhouse renderings, appropriate bios on City and Consultant staff, company backgrounders). Advertising Production Electronic and print media, coordinate with Agency's marketing consultant advertising schedule. Public Relations Coordinate with Agency's marketing consultant a media relations plan, site visits and interviews (i.e., local media, national media, golf course rating groups including Golf Digest, Golf Magazine and Golf Week), generate and distribute periodic press releases regarding the progress of the development phase (i.e., pre- and post event releases, Grand Opening, new hires, special events, promotions, community outreach programs), develop and manage the La Quinta community relations program, coordinate submission of golf course publicity to municipal associations and publications to promote La Quinta, its municipal planning and its productive use of tax exempt financing to generate revenues. Special Events In coordination with Agency's marketing consultant, develop and manage two (2) Grand Opening events - a media day event and City VIP event. These are very important events that take much planning which Consultant will do in close coordination with the City. Programming Begin outings and events sales program; develop pricing strategy, investigate the viability of a permanent tee time program on Saturday and Sunday and discuss with City, begin group golf sales program Southern California Golf Shows Exhibit at selected shows to promote golf course during construction. 124/015610-0074 � � /� (�Q 489641.06 a04/01/04 `* Pre -Opening Operations Management The Pre -Opening Operations Management phase of this Agreement will begin at the point when construction of the golf course irrigation system commences. At that point, Consultant will begin to hire its maintenance and grow -in staff in anticipation of beginning to receive finished holes from the general contractor. Human Resources Consultant's corporate Human Resources department will set-up its hiring procedures with personnel policy manuals at the site. All payroll processing and benefits administration will be conducted from the corporate office. The first employee will be the golf course superintendent who Consultant will select and present to the City for approval. Grow -In The Superintendent will manage the grow -in phase. All Consultant personnel will work closely with the construction manager and the general contractor to assure a "seamless" transition when finished holes are handed over to Consultant. Consultant will order the maintenance equipment, as needed. The Superintendent and Consultant will review the preliminary grow -in budget and recommend any necessary adjustments to the City for review and approval. This could include equipment needs, fertilizer and other supplies, irrigation system supplies, maintenance building setup needs, staffing, water usage, signage, golf course and practice range set-up supplies, and the like. The superintendent will be providing grow -in progress and updates to the Development Committee at its regular meetings or more often as needed. Clubhouse Pre -Opening Consultant corporate staff will manage clubhouse pre -opening activities until the General Manager is hired. These activities include, to the extent consistent with and as provided in the Pre -Opening Budget, coordinating with local utilities and special services, the final selection and procurement of FF&E for the kitchen, dining room, pro shop, office areas, locker/restrooms, etc. The General Manager will be hired about four months prior to opening day. He will begin to hire and train his staff, order golf carts utilizing Consultant's national account, order inventory and supplies, and establish the overall policies and procedures specific to SilverRock Golf Course and the needs and requirements set by the City. He will also work closely with the marketing consultant in preparing for opening day and the Grand Opening events. 124/015610-0074 43 489641.06 a04/01 /04 4 J Finance and Accounting After the General Manager and the on -site Controller are hired, Consultant will begin to implement its finance and accounting procedures. This will include installing the Fore! Point of Sale System and the Peachtree accounting software or equivalent, as well as procuring the needed computer hardware. Consultant will coordinate this process with the City's finance staff to assure "seamless" integration between the golf course and the City. Consultant's corporate controller and his accounting staff will assist the on -site controller during the set-up period and continually thereafter. Inventory At Pro Shop Consultant will assist the City in acquiring and stocking the initial inventory for the Pro - Shop of the Golf Course. The Inventory shall remain the sole property of the City until such time as the items are sold to the public. 124/015610-0074 44 489641.06 a04/01/04 f" Exhibit B Contract Sum Compensation Pre -Opening Consulting - $0 per month. Pre -Opening Operations Management - $0 per month. Out of Pocket Expenses: Consultant shall only be entitled to reimbursement of expense items that have been preapproved in writing by the City Manager, and then shall only be entitled to reimbursement for the actual expense incurred by Consultant and substantiated in documentation which, to the City's reasonable satisfaction, provides proof that the expense had been paid. On the 1" and 151h of each month, Consultant shall submit invoices, including substantiation for expenses, and City shall promptly process such invoices for payment. In the event any expense item/items listed on any invoice is/are questioned by the City, the City shall pay all non -disputed amounts and the parties shall meet and confer in good faith to resolve any differences with respect to the disputed item(s). No payment shall be made for any expense not preapproved in writing by the City Manager. The City hereby approves the expenses outlined on the Grow -In Budget prepared by Consultant, a copy of which is attached hereto as Exhibit "E" and incorporated herein by this reference. The parties agree that to the extent that the expenses outlined in Exhibit "E" are actually incurred by Consultant in the performance of this Agreement, and that such expenses are documented to the City's reasonable satisfaction, Consultant will be entitled to reimbursement for the items listed on Exhibit "E", up to the amount listed for each such item. No increase in the amount listed for any item on Exhibit "E" is permitted unless it is preapproved, in writing, by the City Manager. Within the sole discretion of the City Manager, the City Manager may authorize, in writing, the direct payment by the City of any expense listed on Exhibit "E". Consultant may request an advance of the next month's budgeted reimbursements as shown on Exhibit "E". The amount of the Advance shall be in the absolute discretion of the City Manager but in no event shall the request for the Advance seek funding beyond that amount identified for that month on Exhibit "E". The request for the Advance shall include documentation for the next month's reimburseables. The requested Advance shall only include those items that Consultant, in good faith, anticipates will be expended during the next month in performing this Agreement. All requests for Advances must be accompanied by proof, to the City's reasonable satisfaction, that any sums previously advanced were expended for the purposes for which they were advanced. Upon receipt of the Consultant's request for an Advance, the City shall promptly and reasonably review the same, and if the requested Advance is approved by the City, the City will pay the Advance within 15 days. 45 124/015610-0074 489641.06 a04/01/04 487 Exhibit C Schedule of Performance Term The Term shall commence at the time this contract is executed and terminate on the day the golf course opens for play. The Term shall be separated into two (2) phases: Pre -Opening Consulting Phase - Date agreement is executed through the date when the City sends written notification that construction of the golf course irrigation system has commenced Pre -Opening Operations Management Phase - Date when the City sends written notification that construction of the golf course irrigation system has commenced through first day that golf course is open to the public. Notwithstanding any other provision of this Agreement to the contrary, this Agreement shall terminate on the earlier of (i) the date when the golf course is open to the public, or (ii) the date that is thirty (30) months following the Effective Date of this Agreement. 124/015610-0074 46 489641.06 a04/01/04 Exhibit "D" to Agreement for Professional Services W9 Form 124/015610-0074 A 489641.06 a04/01/04 I 4 S Form W-9 Request for Taxpayer (Rev. January 2003) Identification Number and Certification Department of the Treasury Internal Revenue Service Give form to the requester. Do not send to the IRS. Name a� rn �v o- Business name, if different from above c 0 �. p Individual/ ❑ Exempt from backup Check appropriate box: ❑ Sole proprietor ❑ Corporation ❑ Partnership ❑ Other No - - - - - - - - - - - - - - - - - - withholding 3 yAddress (number, street, and apt. or suite no.) Requester's name and address (optional) C � ao !E- City, state, and ZIP code H a) List account number(s) here (optional) a) N Identification Number (TI Enter your TIN in the appropriate box. For individuals, this is your social security number (SSN). Social security number However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Or Note: If the account is in more than one name, see the chart on page 4 for guidelines on whose number Employer identification number to enter. I I I 1_ Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. person (including a U.S. resident alien). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 4.) Sign Signature of Here I U.S. person ► Date ► Purpose of Form A person who is required to file an information return with the IRS, must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. U.S. person. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. Note: If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Foreign person. If you are a foreign person, use the appropriate Form W-8 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the recipient has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Cat. No. 10231 X Form w-9 (Rev. 1-2003) 494 Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity not subject to backup withholding, give the requester the appropriate completed Form W-8. What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 30% of such payments (29% after December 31, 2003; 28% after December 31, 2005). This is called "backup withholding." Payments that may be subject to backup withholding include interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, or 2. You do not certify your TIN when required (see the Part II instructions on page 4 for details), or 3. The IRS tells the requester that you furnished an incorrect TIN, or 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See the instructions below and the separate Instructions for the Requester of Form W-9. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINs. If the requester discloses or uses TINs in violation of Federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Name If you are an individual, you must generally enter the name shown on your social security card. However, if you have changed your last name, for instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new last name. If the account is in joint names, list first, and then circle, the name of the person or entity whose number you entered in Part I of the form. Sole proprietor. Enter your individual name as shown on your social security card on the "Name" line. You may enter your business, trade, or "doing business as (DBA)" name on the "Business name" line. Limited liability company (LLC). If you are a single -member LLC (including a foreign LLC with a domestic owner) that is disregarded as an entity separate from its owner under Treasury regulations section 301.7701-3, enter the owner's name on the "Name" line. Enter the LLC's name on the "Business name" line. Other entities. Enter your business name as shown on required Federal tax documents on the "Name" line. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on the "Business name" line. Note: You are requested to check the appropriate box for your status (individual/sole proprietor, corporation, etc.). Exempt From Backup Withholding If you are exempt, enter your name as described above and check the appropriate box for your status, then check the "Exempt from backup withholding" box in the line following the business name, sign and date the form. Generally, individuals (including sole proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as interest and dividends. Note: If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding. Exempt payees. Backup withholding is not required on any payments made to the following payees: 1. An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(0(2); 2. The United States or any of its agencies or instrumentalities; 3. A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or instrumentalities; 4. A foreign government or any of its political subdivisions, agencies, or instrumentalities; or 5. An international organization or any of its agencies or instrumentalities. Other payees that may be exempt from backup withholding include: 6. A corporation; 7. A foreign central bank of issue; 8. A dealer in securities or commodities required to register in the United States, the District of Columbia, or a possession of the United States; 4949.i Form W-9 (Rev. 1-2003) Page 3 9. A futures commission merchant registered with the Commodity Futures Trading Commission; 10. A real estate investment trust; 11. An entity registered at all times during the tax year under the Investment Company Act of 1940; 12. A common trust fund operated by a bank under section 584(a); 13. A financial institution; 14. A middleman known in the investment community as a nominee or custodian; or 15. A trust exempt from tax under section 664 or described in section 4947. The chart below shows types of payments that may be exempt from backup withholding. The chart applies to the exempt recipients listed above, 1 through 15. If the payment is for ... THEN the payment is exempt for... Interest and dividend payments All exempt recipients except for 9 Broker transactions Exempt recipients 1 through 13. Also, a person registered under the Investment Advisers Act of 1940 who regularly acts as a broker Barter exchange transactions Exempt recipients 1 through 5 and patronage dividends Payments over $600 required Generally, exempt recipients to be reported and direct 1 through 7 P sales over $5,000 'See Form 1099-MISC, Miscellaneous Income, and its instructions. z However, the following payments made to a corporation (including gross proceeds paid to an attorney under section 6045(f), even if the attorney is a corporation) and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees; and payments for services paid by a Federal executive agency. Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to et an SSN, your TIN is your IRS individual taxpayer Identification number (ITIN). Enter It in the social security number box. If you do not have an ITIN, see How to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single -owner LLC that is disregarded as an entity separate from its owner (see Limited liability company (LLC) on page 2), enter your SSN (or EIN, if you have one). If the LLC is a corporation, partnership, etc., enter the entity's EIN. Note: See the chart on page 4 for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local Social Security Administration office or get this form on-line at www.ssa.gov/online/ss5.htmi. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can get Forms W-7 and SS-4 from the IRS by calling 1-800-TAX-FORM (1-800-829-3676) or from the IRS Web Site at www.irs.gov. If you are asked to complete Form W-9 but do not have a TIN, write "Applied For" in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note: Writing "Applied For" means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded domestic entity that has a foreign owner must use the appropriate Form W-8. 50- �, 4 9 2. Form W-9 (Rev. 1-2003) Part 11. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if items 1, 3, and 5 below indicate otherwise. For a joint account, only the person whose TIN is shown in Part I should sign (when required). Exempt recipients, see Exempt from backup withholding on page 2. Signature requirements. Complete the certification as indicated in 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA or Archer MSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. Privacy Act Notice Page 4 What Name and Number To Give the Requester For this type of account: Give name and SSN of: 1. Individual The individual 2. Two or more individuals (joint The actual owner of the account account) or, if combined funds, the first individual on the account' 3. Custodian account of a minor The minor 2 (Uniform Gift to Minors Act) 4. a. The usual revocable The grantor -trustee ' savings trust (grantor is also trustee) b. So-called trust account The actual owner' that is not a legal or valid trust under state law 5. Sole proprietorship or The owner 3 single -owner LLC For this type of account: Give name and EIN of: 6. Sole proprietorship or The owner 3 single -owner LLC 7. A valid trust, estate, or Legal entity 4 pension trust 8. Corporate or LLC electing The corporation corporate status on Form 8832 9. Association, club, religious, The organization charitable, educational, or other tax-exempt organization 10. Partnership or multi -member The partnership LLC 11. A broker or registered The broker or nominee nominee 12. Account with the Department The public entity of Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments ' List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person's number must be furnished. t Circle the minor's name and furnish the minor's SSN. 'You must show your individual name, but you may also enter your business or "DBA" name. You may use either your SSN or EIN (if you have one). ' List first and circle the name of the legal trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Note: If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons who must file information returns with the IRS to report interest, dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA or Archer MSA. The IRS uses the numbers for identification purposes and to help verify the accuracy of your tax return. The IRS may also provide this information to the Department of Justice for civil and criminal litigation, and to cities, states, and the District of Columbia to carry out their tax laws. We may also disclose this information to other countries under a tax treaty, or to Federal and state agencies to enforce Federal nontax criminal laws and to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 30% of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to a payer. Certain penalties may also apply. � 5 x483 Exhibit "E" to Agreement for Professional Services Grow -In Budget 124/015610-0074 489641.06 a04/01/04 494 rrrr r NNr e w B�O,p �1QQpp I �p"�""p�"�yp"��-1P-t4 aD N N /9 /1 f x 11 lV Z r r r r r N r- r NN--------N f �y va 1K»»»» M rr r r Ol�lN"NfN'w r rrrr Nin r p SgSO88O1 {-/1�qp� �"/{g-�y1 {Cq ��"yyl rf arNrr•P� Nqrrr rrrrr a�lJN p�lf��tf� � N N N N N N rrrr r'r 8 gg888888 /°+'��y'�"y""p"pp"��`A'L$R�$ r f aN+ N A p-p'^ r'0'AN P r • N/� r � r /0 OJ N 49 N' O N' O ; N N N N N N r r r rfr . 88_888888 �°�/'/•p"p��•"e��"/y�`pp"��t"t��'�"/y�'•""� ��R��$� � w N f$ N f N » 4-0» M » r r r r /0 M> P! 11 10 N ei r rr r rNr .. gg_888888°y'°p'�"'�"y'�"p"�'�°y"A/'.BoRoR$ ee N p �o�y f a N f$ N ' N OD A r r NNN»M N r r r Vf N'l7 i f r r rrr f �p p pp p �y g�OHHO HO �CyO /9AM1919 �Ay 191AI�� Rocco S � O fI@— as N N N M»» N r if • • r rrr f p HgHS HOSS �Nf eN�N pNf �Ny pNf eN�/+N�1^.000OC�QA xp ��yy bNf aN AOPAAApAN N» N»» » r r r r r CO N r N r '' 8g888888 `"•"•"p"�'•`c"j"("jp"j"Ago /�00000000 gqrfN� V MCN e M N N N N N gg$$BHHH o 000000000 / On 0 ggqq quqv� oo 0000000004 o$$o288888g ASS ►»»»$» SggHHHHHpH �p�p�?�?epq�/�/e/�i�/�oo o00000000 / 53 495 40 e a �► mega e ridge led . ; RMOuko" ee-C4 On C-1 i deco- Na HOWNAO1 i d 46 . . C d �I � �0000�Q�oo Y g O W (�L i DXX o00000000 � � ' W 000000000� 000000000� i3�75$�i6o i i6i58S2S��o QQoQQQoi N O O O o N O y�0000Qo ; 2Ci i 0000000� 0000000� 0000000� 0000000� o4Qoy2gg 1 oQQoQQQ ooQoQoQ; 22SS ��SS 22�SS i ooQoQoo; oo�0000 ooQ0000� Of SS 0000000, 0000000, 0000000, 0000000, 0000000, g�7S76iGiS0000,�i6��SSZIGi�i'��K2SiGg2GoiS�ig'��, i g��Sri ffiiriO000A►'�76i1Sg3rt'�'$�'iiSiri8�oo�8$�, g�iSiiXi$0000$i6i�Sgb«i'�iKlfirigiSioo�8�� i Ix goQ�Q0000?S$i6�85gc�f��i8S2Gg�000g��I; BoQQQ00000�QQ000e�$QQQBQ000g��l; �ii 7�6 i�'i iiii iiGG NN Z3 �7i lei iG 2111OW0811000ISlim 01�8��1; ooQQQoocoQ�QQ000goQoQg0000g�Ql� iic rrfl�f 22GG 8f ii �i ��ii ??55 ��ii as 0000000000000000000000000000e�i 0o00o00oo0o00o000o00o00040000e14 0000000000000000000000000000e�� WillF w w I. - Hill 1 111 MOM MUM oil 11 llrWp9r-rzr:M 54 a • C ' 8 8 1 Ooa c$ 8 gN w� d � !i r 4 97 BUSINESS SESSION ITEM: ORDINANCE NO. 405 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ZONE CHANGE FROM COMMUNITY COMMERCIAL (CC) AND MEDIUM DENSITY RESIDENTIAL (RM) TO LOW DENSITY RESIDENTIAL (RL) CASE NO.: ZONE CHANGE 2003-1.15 APPLICANT: MADISON DEVELOPMENT, LLC WHEREAS, the City Council of the City of La Quinta, California, did, on the 18' day of November, 16' day of December, 2003, and on the 16t' day of March, 2004, hold duly noticed Public Hearings to consider Zone 2003-115 to change zoning designations from Community Commercial and Medium Density Residential to Low Density Residential, for the property generally located on the west side of Washington Street at 46-201 Washington Street, more particularly described as follows: APNs: 604-050-009 & 010; 643-170-001 & 002 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 231 day of September, 28' day of October, 2003, and on the 24' day of February, 2004, hold duly. noticed Public Hearings to consider Zone 03-115 to change zoning designations from Community Commercial and Medium Density Residential to Low Density Residential; and, WHEREAS, said Zone Change 2003-115 has complied with the requirements and rules to implement the California Environmental Quality . Act (CEQA) of 1970, as amended (Resolution 83-63), in that Environmental Assessment 2003-479 was prepared and determined that although the project could have a significant adverse effect on the environment, mitigation measures have been imposed on the project to reduce impacts to less than significant levels; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, City Council did make the following mandatory findings to approve said Zone Change: 1. Consistency with the General Plan: The proposed Zone Change is consistent with the goals, objectives and policies of the General Plan in that the Zone Change will provide for continued single-family development adjacent to existing single-family development. 498 Ordinance No. 405 Zone Change 03-115 Madison Development, LLC April 6, 2004 Page 2 { 2. Public Welfare': Approval of the proposed Zone Change will not create conditions materially detrimental to public health, safety and general welfare in that the proposed changes are less intense and consistent with existing land uses south of the site in the immediate area. 3. Land Use Compatibility: The new zoning will be compatible with existing and surrounding zoning designations in that it will be consistent with development in the immediate area and the City of La Quinta General Plan, as amended. 4. Property Suitability: The new zoning designation will be suitable and appropriate for the subject property in that it will be consistent with the permitted uses in the immediate area and in accordance with the Zoning Code. Urban services are currently accessible to the area, which would P allow for planned development in accordance with goals, objectives and policies of the City of La Quinta General Plan. 5. Change in Circumstances: Approval of the new zoning is warranted because the land has been determined to be suitable for residential development. The change in zoning from commercial to residential development is also warranted because commercial uses currently exist adjacent to the site that can serve the surrounding and project areas. Also, there is additional commercial land available for future development near the site that would serve future commercial uses to support the additional residential development. 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; and 2. That it does hereby approve Zone Change 2003-115, as contained in Exhibit "A" attached hereto and made a part of, for the reasons set forth in this Resolution. 493 Ordinance No. 405 Zone Change 03-115 Madison Development, LLC April 6, 2004 Page 3 PASSED, APPROVED and ADOPTED at'a regular meeting of the La Quinta City Council, held on this 16' day of March, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 5 Op ou qq T C M N d u. z 0a Lu Q z� V4 Inr i u 0, Z-OlErolf 0 "I COUNCIL/RDA MEETING DATE: April 6, 2004 ITEM TITLE: Discussion of City Council Goals RECOMMENDATION: Discuss City Council Goals for Fiscal Year 2004-2005. FISCAL IMPLICATIONS: M AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: No direct fiscal implications will result from this action. Staff proposes to develop programs to implement selected goals and will identify cost projections as part of the economic development program, capital improvement program, and budget process. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In the past, the City Council has held Study Sessions regarding Council Goals each Fiscal Year. As the Council may recall, the table provided last year included four categories for each City Council goal. The categories were as follows: • Economic Development Plan; • Capital Improvement Plan; • Budget; and • Other/Comments The goals that could be attributed to one of the components of the Strategic Planning Process (i.e. Economic Development Plan, Capital Improvement Plan, Annual Budget) were incorporated into those documents for Fiscal Year 2003-04. A copy of the 502 2003-04 City Council Goals is included as Attachment 1 for reference and discussion purposes. The chart has been updated to include the current status of each goal. Staff has placed this matter on today's agenda to give the City Council an opportunity to identify priority goals ,for Fiscal Year 2004-05 as a precursor to this year's budget process. Identified goals will be integrated into this year's Economic Development Plan, Capital Improvement Plan, and the City Budget. Respectfully submitted, Thomas P. Genovese, City Manager Attachment: 1. 2003-04 City Council Goals i 503 2 EI MT 1 O O N M O O N a� } N V �t •� a O 07 E N C O -+' O D O H E � D � c-0 C N O �N�3�n�'c -a•c�� C Q ♦- c U O O U O -+- LL- O U N p O c O D O 0 O 0 LO .� Q c .� n. a�oNa�-L>,Ln L- Q�ocU 0 o 0W0c0000 Qooa�U �j U Uz U U� U U <14-040< N N 0) 0) CD c C •L •L } •O .O O O N N i L m c-0 U-a U� � N C —a 00 N •> N U C C N _ L.. �- Q. 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V) -0 O 0 ' -C 0> w-- 3 c .,- O E >, N N N �- D_ D O O U Z � a c O a) O U O 'U '0��0 •U N O N c�NIA0 Q. _O -0 6- _Z) 0) C C bm �` D U `�' > 0 `� O� O C) O V (0 (� 7C) 4-C)a) C Q O o' L `*- C > C O 0 Uv�U O 0 0> o �a)��UNUU�Q O 0 0- 0> v,—.�QU O N 0) 0) N 0) 0) c c c c .j .0 C3 'a a) a) L � i -C ai m tN C N O U O U� } C O O 0. U Q. E C - V O � C C 0.0 O O CL c c 0 z E n O a) i = 'L N y-- 0 0 c U V) C. _ O a) 3 U � 'Q O U W e c,0 O U,U O >, c —_ o � CL � U "' Im -F- O U C ' N U,�„ N a) a) a c •_c E E J O E O •� E '� � � a) -4-- � V) C W O U a) CL U C O I> W uO No 00 0� G N = o- U I-- E v N N a o o N U c> p O C p O ,� C U N U N p N Q. "~ o O o •�� L-}C3'•E �� a� a. �3 } ��c V omo�U > .� 0 �� CLper ._ E'o��o = N p D N N p — 3 p Q= U-C N C U •D N p p > U ._ O 3� �� U� C-c +- N moo N c p 0)C: o °'a��'�� U�Q Uwvc ooco� v,�pU� o� U� ��U ��o� ��. .QUA W ^L` -C � W L U U C 4� CL cU C a D C o Ube a U 3 E u 0 row a u > W � }� V/ p U-+- ? L C CU er v, c �c =U CL (nay o a)o u�o �� a c a o Cl)p N w N 0 0 "oo°_� 0 UU dS� =o a� cn — O y v p •O p c U p p •C Co L t O p C •- fl. > N > N > p p Q _> -C 0 CL CLa.Z0 W N L W c W pO > W> O— N . CV N N N DU0 LO Vf N Q. 00 N - O O O D O C V ° 0� O ac E� c, N �U U U•3 o O EONE m c a� Q> a o O O CL c a .� U} E C u O c Q. _ O E = O 0 'C) o O 6 C U — u > c "-' ; YJ 4) p O O p p U.�� c o v C c -I.- N J 0 � O a o V) O � = Z O O 0 .0 0 �� oho'- O w D 0 C 0 Q CL W _ _ N i j ♦- C a w= U v� U� cn u 0 N N N � 50 L� c&ty000, 4 e(4P Gv OF 'rl�ti9 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: April 6, 2004 BUSINESS SESSION: ITEM ITEM TITLE: Discussion of the Draft Fiscal Year 2004/2005 Capital Improvement Program CONSENT CALENDAR: STUDY SESSION: A. PUBLICHEARING: RECOMMENDATION: Direct staff to make appropriate revisions to the draft Fiscal Year 2004/2005 through 2008/2009 Capital Improvement Program (CIP). The revised CIP will be submitted to the City Council for consideration and approval in May 2004. FISCAL IMPLICATIONS: This is an informational report only. Once the CIP is adopted, the Fiscal Year 2004/2005 projects will be incorporated into the annual budget. The CIP was developed in a conservative manner. Projections were formulated utilizing conservative estimates consistent with operating revenues. The projects for the next five years, as shown, are based on considered need and available funding with conservative projections of anticipated collections of Development Impact Fees (500 units per year). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A copy of the draft CIP is presented to the City Council for review. This document is a statement of the City's goals, objectives, and priorities for a five-year CIP and the financial commitments required to accomplish those objectives. The preparation of this document has been a joint effort of the City Manager"s Office, Public Works/Engineering, Finance, Building and Safety, Community Services, Community Development, and City Clerk Departments. 510 The purpose of the CIP is to provide the City with a long-range program for major municipal capital construction projects based on the systematic development of an accompanying financial plan. The CIP is a five-year planning instrument used by the City to identify capital improvement needs and to coordinate financing and timing of those needs in a manner that maximizes benefit to the public. As each annual budget is prepared, additional projects and priority needs are identified and added to the program to maintain a total five-year plan. The first year of the CIP is titled the Capital Budget and is based on existing fund balances and projected revenues. The capital budget is incorporated into the annual City "Operating" Budget, which appropriates funds for specific facilities, equipment and improvements. Projects slated for subsequent years in the program are approved on a planning basis only and do not receive expenditure authority until they are incorporated into the capital budget. The CIP will be updated annually and can be amended at any time based on revenue availability and changes in project priorities. As such, tentative City Council endorsement of the five-year program is desirable for the effective implementation of the City's goals and objectives. Capital improvements are major projects undertaken by the City that are generally not recurring on a long-term, annual basis. In this sense they are differentiated from Maintenance and Operation (M&O) expenditures for normal City operation. They include design, inspection, testing, project administration, land and/or right-of- way acquisition, construction or modification of buildings or facilities, and public infrastructure construction or modification. Fiscal Years 2004/2005 through 2008/2009 CIP include a listing of projects by fiscal year priority and type of improvement. These projects are presented in summary on Exhibit 1. The fiscal year a project is scheduled depends on the availability of specific funding sources, operation and program needs, and prior City Council policy. Projects include street, drainage, traffic signals, sound walls, landscaping and lighting, City facilities, and park improvements. Only those projects that have identified funding sources in the five-year period are listed within a fiscal year. Those projects that are designated as "additional projects" do not have identified funding sources through the term of the five-year program, or, in the case of DIF funded projects, a long-term collection period is required to develop the specified project. The additional projects are presented in summary on Exhibit 2. The identification of additional and/or alternative funding sources will be addressed during the -annual review and approval of subsequent CIP's. Each project is described in brief detail including a description of the project, the location of the project, a breakdown of the estimated project cost, the revenue sources proposed to be used to fund the project, and an estimate of the annual M&O costs associated with the capital improvement. S:\CityMgr\STAFF REPORTS ONLY\4-6-04\S 1 Draft CIP.doc 2 5 11 The completion of any specific capital improvement project may have a direct impact on the M&0 budgets of the General Fund .and other funds. An estimate of these future costs is necessary to assess whether there is financial capacity of the operating budget to cover these ongoing costs. All project costs included in the CIP are at current year project estimates. No inflation factors have been utilized in determining costs for projects in Fiscal Years 2005/2006 through 2008/2009. The 2003/2004 CIP identified $23,005,585 in capital improvement projects. All 2003/2004 projects are either completed, are currently in the design or construction stage, or will have contracts awarded by the end of the fiscal year. Included in the CIP document is a "Capital Improvement Program Fiscal Year 2003/2004 Project Status Report," which lists: one 1996/1997 project carried - over, one 1997/1998 project complete, three 1998/1999 projects complete, one 1999/2000 project completed, two 2000/2001 projects underway, four 2000/2001 project complete, two 2001 /2002 project complete, three 2001 /2002 projects underway, five 2002/2003 projects completed, eight 2002/2003 projects underway and seven 2003/2004 projects underway. Also included is a "Carryover Project Summary" which provides the life -to -date expenditures for all approved active CIP projects.. Fiscal Year 2004/2005 proposes $7,767,076 in capital improvement projects. There are a total of ten projects identified for this fiscal year. Project Number 199613-Washington Street/1-10 Interchange Improvements and Project Number 2001.01-Auto Mall Improvements are recurring long-term commitments. Two other projects are recurring as part of a long term plan to fill missing sidewalk links (199702-Sidewalks-Various Locations) and to install new or upgrade existing handicap access ramps (Project Number 199703-Handicap Access Ramp -Various Locations) to comply with the ever evolving ADA standards. There are six new or secondary phased projects proposed to complete the remainder of the 2004/2005 CIP. Notable projects include: PROJECT NUMBER 200301 HIGHWAY 111 IMPROVEMENTS The Coachella Valley Association of Governments (CVAG) has established funding priorities for Measure "A" eligible projects involving Highway 1 1 1. The City of La Quinta has been allocated up to $2,172,297 of available Measure "A" revenue toward the ultimate improvements of several Highway 111 roadway segments. The city's first priority improvement on Highway 111 (Simon Drive to Adams Street - $31 1,644) was funded by the Riverside County Transportation Commission (RCTC) during fiscal year 2003/2004. S:\CityMgr\STAFF REPORTS ONLY\4-6-04\S 1 Draft CIP.doc 3 51� The City's remaining Highway 111 projects are located between Adams Street and Jefferson Street and are estimated to cost $1,860,635. CVAG has agreed to fund 100% of the improvements within the State right-of-way between fiscal years 2003/2004 and 2008/2009. As of July 1, 2004, $200,000 of Measure A revenue will be available for the City's use. Staff proposes that General Fund dollars be used to accelerate the ultimate Highway 111 improvements. The General Fund will be reimbursed from Measure "A" revenues as follows: Fiscal Year 2005/2006 - $96,10-1; Fiscal Year. 2006/2007 - $400,000; Fiscal Year 2007/2008 - $500,000; and Fiscal Year 2008/2009 — 664,534. The appropriate reimbursement agreement will be obtained from the RCTC prior to the expenditure of any advanced funding. PROJECT NUMBER 200401 CITY HALL EXPANSION (CONSTRUCTION PHASE) The proposed expansion of City Hall includes approximately 12,295 square feet on the first floor (ground floor) with 3,650 square feet of basement space, not including the Emergency Operations Center (EOC). The EOC adds another 4,548 square feet. The project is currently proposed to be funded with Development Impact Fees (DIF) generated for the Civic Center. The January 2002 DIF assigns $3,600,000 of future DIF revenue toward the Civic Center Expansion. The Civic Center DIF was calculated at $240.00 per square foot with the proposed expansion anticipated to be 15,000 square feet. As indicated, the current design anticipates the expansion to be approximately 20,493 square feet (including the EOC) with a construction estimate of $6,063,000. Construction funding is available in the amount of $3,820,000. A shortfall exists in the amount of ($2,243,000). Staff is developing funding recommendations for consideration by the City Council. Issues to be considered may include increasing the Civic Center DIF during the next update of the DIF, and/or assigning General Fund revenue to cover any remaining shortfall. The final four years of the proposed CIP identifies the four previously listed recurring projects that maintain expenditures of $283,454 for each year. There are fifty-eight Add Projects identified under the current CIP Additional Projects (Add Projects) list that are not scheduled within the next five years. The costs associated with the implementation of these projects are estimated at $63,065,086. These projects include the following delayed projects: 513 S:\CityMgr\STAFF REPORTS ONLY\4-6-04\S 1 Draft CIP.doc 4 AD01 EISENHOWER DRIVE BRIDGE AND DRAINAGE IMPROVEMENTS (CONSTRUCTION PHASE) The project consists of roadway and bridge improvements along Eisenhower Drive, from approximately 600 linear feet south of the La Quinta Evacuation Channel north to Avenue 50, approximately 1,500 linear feet. Overall improvements will widen the existing bridge and roadway from 2 to 4 lanes, install landscaping, perimeter walls, and retaining walls. The design phase of this project was initiated during Fiscal Year 2003/2004. Moffat and Nichol are under contract to prepare the environmental document and provide the project plans, specifications and estimates (PS&E). The current project schedule anticipates the design phase to be complete in September 2005. Construction of these improvements is estimated at nearly $2,700,000. Partial funding for improvements related to this project was proposed as a condition of Parcel Map Number 28334, however, City Council opted not to include this condition as a requirement of the development. Construction funding is not available next year unless the project is funded with RDA Project Area No. 1 funds or General Fund Reserves, or unless the project takes funding priority from another project. AD02 MUSEUM EXPANSION The Museum Expansion improvements were delayed to a future year following last year's mid -year budget review. The decision to delay the Museum Expansion was based on anticipated State revenue shifts combined with the need to generate new local revenue resources through the development of SilverRock Resort. The cost to expand the museum is estimated at $1,776,000. This cost was to be funded from Project Area No. 1 Capital Project funds. Nearly $79,000 of these funds was expended on Architectural Design. An unexpended balance in the amount of $1,707,633 is available to continue the development of the museum or for reassignment to other projects, such as the Eisenhower Drive Bridge and Drainage Improvements. AD39 AVENUE. 58 STREET IMPROVEMENTS (MADISON STREET TO LAKE CAHUILLA ACCESS ROAD) This project's funding, which is estimated to require $2.9 million for full width street improvements, is currently identified as "To Be Determined". However, the project will be evaluated for inclusion in the upcoming Developer Impact Fee Update (DIF). Once included in the DIF, this project may be funded when enough fees are collected from developers for design and construction of the improvements. Please refer to the detail sheets located under the Additional Projects tab for additional information regarding these, as well as other, newly added projects. 514 S:\CityMgr\STAFF REPORTS ONLY\4-6-04\S 1 Draft CIP.doc5 The following assumptions should be taken into account when reviewing the CIP: 1. The City Council has reaffirmed prior policy to maintain sufficient General Fund emergency reserves, a General Fund reserve for cash flow purposes, and allocation of sufficient funds to cover current contracted and authorized capital improvement projects. 2. Because of increases in ongoing maintenance costs, the addition of completed improvements and the provisions of Proposition 218, the Lighting and Landscape District may not have sufficient funding in the future. The current fund balance and annual assessment revenues are inadequate to cover all future capital and operational cost increases. The alternative would be to continue to defer specific lighting and landscape improvements and/or reduce existing landscape maintenance activities until such time that other revenue sources are available. The City Council's review of the draft Fiscal Year 2004/2005 CIP will enable City staff to complete the final CIP for public review. Pursuant to Government Code Section 66002, the City Council is required to schedule a public hearing on the CIP and consider its adoption at a subsequent regular meeting. Upon its adoption, the 2004/2005 CIP will be incorporated into the City's Fiscal Year 2004/2005 Budget. Respectfully submitted, c -i'It ,�Yvv T' othy R. o as o , P.E. Public Work ire or Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Draft Capital Improvement Program 515 S:\CityMgr\STAFF REPORTS ONLY\4-6-04\S 1 Draft CIP.doc 6 4 OF 'T COUNCIL/RDA MEETING DATE: April 6, 2004 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Discussion of the Draft 2004-2005 CONSENT CALENDAR: Economic Development Plan STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Review the 2004-2005 Draft Economic Development Plan and provide staff with direction on the policies, recommended implementation activities, and overall direction of the City's economic development efforts. FISCAL IMPLICATIONS: None for this action. The 2004-2005 implementation activities will be included within the fiscal year 2004-2005 budget. CHARTER CITY IMPLICATIONS: The City Charter and its principles of "home rule" allow the City sufficient flexibility to undertake economic development activities. The Charter allows the City "to utilize revenues from the General Fund to encourage, support, and promote economic development." BACKGROUND AND OVERVIEW: The City of La Quinta is in the ninth year of a proactive economic development implementation effort. In June 1995, the City Council directed staff to initiate an economic development strategic planning process that concluded in May 1996 with the adoption of the first Economic Development Plan. Thereafter, the Plan has been reviewed and updated on an annual basis. Included as Attachment 1 is the redline Draft 2004-2005 Economic Development Plan for City Council review. Once adopted, this Plan will be one of five components that comprise the City's overall strategic planning effort. The other components include the Capital Improvement Program, Resource Allocation Plan, Cash Flow Analysis, and the 2004-2005 Annual Operating Budget. The past year has seen tremendous retail growth along the Highway 1 1 1 Corridor. The Draft 2004-2005 Economic Development Plan proposes to build upon this momentum by securing a major anchor retailer for the eastern end of the Highway 1 1 1 Corridor, which would allow the Redevelopment Agency to lessen its role in stimulating development in the vicinity. The Draft 2004-2005 Plan initiatives include development and marketing of SilverRock Resort; addressing parking issues in the Village; annexation feasibility; pursuing resort/hospitality opportunities throughout the City; housing; and City marketing activities. Other changes/additions/new initiatives within Section 3, Business Plan, include: City/Agency Private Project Investment - The addition of "obtaining operation and use covenants, and rehabilitating/refurbishing older commercial structures and centers" to the criteria for City/Agency financial investment, which may be necessary as the City's commercial centers are built out and existing businesses expand or relocate. This is further addressed under "Private Project Investment -Financial Need" and "Reuse of Obsolete Commercial Facilities." 2004-2005 Implementation Activities and Target Areas, Resort/Hospitality Opportunities - Continued development activities on SilverRock Ranch related to golf course construction, temporary clubhouse conversion, on- and off -site infrastructure design and construction, and parkway improvement design/construction. Other goals include pre -opening marketing of the SilverRock Resort golf course; marketing of the resort hotel/boutique hotel/casitas opportunities; and conceptual planning for the resort retail component of the project. 2004-2005 Implementation Activities and Target Areas, Housing — Site improvement activities related to the Vista Dunes Mobile Home Park and initiation of a development program for the Hammer property at Highway 1 1 1 and Dune Palms. 2004-2005 Implementation Activities and Target Areas, Marketing — Upgrading/revising the City's website; implementing a new business recruitment program; revisiting the discount shopper program; and marketing of SilverRock Resort. The attached draft Plan highlights the accomplishments of 2003-2004, and lists the goals to be achieved in 2004-2005. Staff is soliciting City Council input, which will be 2 517 incorporated into the Plan and will then be brought back to the City Council for final review and adoption. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: . Thomas P. Genovese, City Manager Attachment: 1. Draft 2004-2005 Economic Development Plan 3 518 City of La Quinta Deleted: Z : E�onom�c Devekp Deleted S a_.--.--.-_..-----------_.__.---._.._-----...._.___.__------------ March 5, 2004 City of La Quinta 78-495 Calle Tampico La Quinta, Calibmia 92253 217 North Main Street, Suite 300 Santa Ana, California 92701-4822 Phone: (714) 541-4585 Fax: (714) 836-1748 E-Mail: info@webrsg.com 's i09 �. 4 Contents of This Document This document is organized as follows: i) Introduction ■ Rationale for this Economic Development Plan ■ Participants in Formulating and Implementing this Plan 2) Resources, Opportunities, Liabilities and Needs ■ Community Profile ■ Key Assets ■ Liabilities ■ Projected Market Demand ■ Projected City/Redevelopment Agency Financial Resources for Economic Development ■ City/Agency Real Estate Assets ■ Infrastructure Needs/City Capital Improvement Program s) Business Plan ■ Mission Statement ■ Implementation Policies ■ Accomplishments During Fiscal Year003-04 Deleted: 2001 a) Highway 111 Corridor b) The Village c) Annexation Feasibility d) Resort/Hospitality Opportunities e) Recreation Opportunities f) Housing g) Marketing ■ ,2004-05 Implementation Activities and Target Areas _ _ _ _ _ _ _ _ _ _ _ - Deleted: 2002 h) Highway 111 Corridor i) The Village j) Annexation Feasibility k) Resort/Hospitality Opportunities 1) Housing m) Marketing n) Recreation Opportunities APPENDIX Exhibit A: City/Agency Real Estate Assets Map 5 520 Section ' Deleted:03 2004 05 Economic Development Plan Strategies and Tasks to Stimulate Private Investment in La Quinta INTRODUCTION The City of La Quinta is embarking on the ninth_year of implementing economic development initiatives. To date the City's efforts have yielded major retailers, upscale restaurants, and the creation of new resort and olf venues at ilverRock Deleted: and several Restart. The focus for the coming fiscal year is to _balance the need to attract Deleted: SilverRock Ranch quality revenue -generating development with the acute desire to preserve La Deleted: continued Quinta's natural features. The overall goal is to insure that the short-term gain realized from achieving revenue -generating uses does not compromise the long- term necessity for quality development that withstands the test of time. Thus, the economic development initiatives presented in this Economic Development Plan center on attracting and enhancing revenue -generating enterprises, protecting open space and environmental attributes, and expanding recreation opportunities for La Quinta's residents. This Plan outlines a vision and direction for the City's economic development activities. It presents the mission statement, implementation policies, projected resources, and business plan the City and the La Quinta Redevelopment Agency will follow to sustain a comprehensive economic development effort. Rationale for this Economic Development Plan The economic development process is the deliberate, judicious intervention in the local economy to foster a business climate that facilitates private investment. This process is neither exact nor fully predictable, and is more of an art than a science. Economic development is a dynamic, ever changing endeavor because it must constantly accommodate the evolving characteristics of the market place. Thus, the City annually reviews and updates this Plan to ensure that it reflects and responds to current market conditions, and equally as important, the community's collective vision as to how to accommodate these conditions. Finally, this enterprise parallels the activities associated with building a city; thus this Plan embraces a long-term vision rather than a short-term perspective. In 1996, the City of La Quinta adopted the first economic development plan that defined the community's desires for future development, and presented a business plan to guide the City's economic development initiatives. The City then Deleted: May 6, 2003 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA .March 9 2004 ECONOMIC DEVELOPMENT PLAN s INTRODUCTION PAGE 2 embarked on a planned, pro -active economic development effort for the following reasons: Capture Forecasted Growth for the Coachella Valley A variety of market studies forecast continued growth for the Coachella Valley during the next decade. This is demonstrated by the new major retailers that have located in the City's Highway 111 corridor during the past year. Due to its prime location and the expanding population of the Eastern Central Coachella Valley the City is positioned to capture a sizable portion of the projected commercial, resort, and residential development through the business expansion and recruitment efforts delineated in this Economic Development Plan. Balance Municipal Revenue and Expenditure Needs The City's primary revenue resources are transient occupancy and sales taxes; these revenues compriser38O/q.qf..City-'s General Fund revenue;isales_ tax revenue ,.._ Deleted:49 income will generate approximately 20.6"% of total General Fund revenue and Formatted: Font color: Red transient occupancy tax revenue will generate approximately 17.4% of total General Fund revenue during fiscal 2003-04. Secondary resources are license/permit fees and property tax revenue. A majority of the City's property tax revenue, however, is allocated to the Redevelopment Agency. Approximately 85% of the land area within the City's corporate boundaries is in one of two redevelopment project areas. Combined, these resources maintain existing, and provide new, services to La Quinta's residential and business communities. Resort and commercial development generates a majority of the municipal revenues received by the City. The City and Redevelopment Agency must continue to enlarge the City's revenue base in order to enhance and expand the quality of municipal services La Quinta residents expect. JEnlarging_the_ City' s-revenue-base is_particularly important given -that the -State continues to reallocate local revenue to fund State obligations in order to address its budget deficits. Judiciously Allocate Municipal Resources Like any business, the City continually balances the allocation of financial resources between service costs and infrastructure investment. , To prudently accomplish this task, the City annually implements a comprehensive strategic planning effort that meshes this Economic Development Plan with a Five Year Municipal Service Resource Allocation Plan, a Five Year Capital Improvement Program, Annual City/Agency Cash Flow Strategies, and Annual City/Agency ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA March 5, 2004 ECONOMIC DEVELOPMENT PLAN Formatted: Font color: Red 522 INTRODUCTION PAGE 3 Operating Budgets. Since 1994, the City has achieved many short- and long- term financial goals identified through the strategic planning effort. This Economic Development Plan identifies economic development investment strategies and initiatives that are subsequently funded through the annual City/Redevelopment Agency Capital and Operations budgets. Participants in Formulating and Implementing this Plan This Economic Development Plan delineates initiatives that implement the community's vision of its desired destiny. It outlines policies, activities, and resources the City will pledge to guide and/or influence future development decisions. Thus, the primary participants in formulating and implementing this Plan are the residential and business communities that define La Quinta. When first developed, the City sponsored a series of community forums to solicit community input. The City continues to consult with these communities during the Plan's implementation phases. The City Council governs the formulation and implementation of this Plan. Council Members bring forth constituent ideas and needs, and assist with defining the issues, mission, strategy, and overall policies that guide implementation efforts. Finally, City staff plays a strategic role in this endeavor. Staff is charged with the responsibility to monitor market conditions, solicit community input, interface with existing and new users, implement programs and initiatives, and monitor achieved results. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA March 5, 2004 ECONOMIC DEVELOPMENT PLAN 043 Section 9- Deleted:03 2 1 1 •• • . - • - 1 - t.-•- and Tasks to Stimulate Private InvestmentQuinta RESOURCES, OPPORTUNITIES, NEEDS, AND LIABILITIES This section presents the background data that was used in developing the Business Plan presented in Section 3; it includes a summary of key assets, presents an overview of projected market demand, delineates projected City/Agency resources, and outlines infrastructure needs. Community Profile The City of La Quinta is located in the Eastern Central Coachella Valley; Indian Wells borders the City to the west, Indio to the east, and unincorporated communities to the north and south. Located approximately 2 miles south of Interstate 10, primary access is via State Highway 111 and Washington Street. Per the 2000 U. S. Census, La Quinta had the third highest household median income in the Coachella Valley at $58,200. Only Indian Wells and Rancho Mirage had higher median household incomes. In the context of the Coachella Valley, La Quinta enjoys an emerging population of new families. Average household size in La Quinta is 2.80 versus 2.65 Valley -wide (U.S. Census, 2000); 48% of La Quinta's population is under 34 years of age, and persons over the age of 65, historically the most recognized age group in the Valley, comprise only 13.5% of La Quinta's population. The California Department of Finance estimates that La Quinta's population was 30,450 as of January 2003. Key Assets Review of the City's physical characteristics and discussions with the residential and business communities identify the following key community assets: an educated, dedicated, and highly motivated residential and business community that share a long history of working in concert to provide a stable environment that supports economic development efforts; Deleted: May 6.2003 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA March 9, 2004 ECONOMIC DEVELOPMENT PLAN :.__..... -..-----.---..------------------------------- 9 z)24 RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 5 an international reputation for resort and golf amenities resulting from the La Quinta Resort & Club, PGA West, Rancho La Quinta, The Tradition, The Quarry, La Quinta Country Club and other world class golf facilities; the City hosts renowned golf tournaments such as the Bob Hope Chrysler Classic and The Skins Game which have helped earn it the title of "America's { Deleted: ed Ultimate Golfing Destination" by the acclaimed Robb Report. the Highway 111 commercial corridor that features prime, vacant property of sufficient size to accommodate development that will serve the Eastern Coachella Valley and will generate significant financial returns for both the City and Agency; a market area that features the highest per capita income in the Coachella Valley; the Village of La Quinta, a low density commercial center nestled in the Santa Rosa Mountains, that offers a setting that is unparalleled in the Coachella Valley; La Quinta's commerce, art and cultural heritage as represented by the La Quinta Chamber of Commerce, La Quinta Arts Foundation and La Quinta Historical Society, that supports art and cultural activities attracting patrons from California and the greater southwest; the 525 acre A enc -owned 5ilverR©ck Resort olf and resort ro ert that is _.. De1etea: silv,t�ock Ranch being developed with a Palmer Design tournament golf course, an ultra luxury Formatted: Font color: RedJ resort hotel boutique hotel, casitas/residence club units a 25,000 s uare foot permanent clubhouse a future second golf course and related retail, recreation and community uses; the Lake Cahuilla Recreation Area which provides water sport and other outdoor recreation opportunities; continued strong residential development and sales activity that generate a significant number of households that support retail, recreation, and service commercial users; a highly motivated City workforce that understands the needs of the business community and the need to process required City approvals within a short time frame; and resources that the City/Agency can dedicate to economic development investment. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA March 5, 2004 ECONOMIC DEVELOPMENT PLAN r J25 10 RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 6 Liabilities Though the assets far outweigh the liabilities, there are limitations that the City must account for when implementing its economic development initiatives; these include the following: increasing competition between Coachella Valley communities to provide financial incentives to major developers and users, which significantly influence their location decisions; increasing competition for golf and resort users with other Coachella Valley cities planning to improve their public golf amenities and working to attract resort and hotel uses; and changing retailing trends that may decrease the need for traditional retail centers. Projected Market Demand In October 2002, the Agency retained Design Workshop to update the January 1999 market study that formed the basis for previous Economic Development Plans. Below is an executive summary that highlights the significant findings of their study. Community Profile The City of La Quinta is located in Southern California and is an integral part of the Greater Coachella Valley market area, which also includes the cities of Cathedral City, Indio, Palm Desert, Coachella, Desert Hot Springs, Rancho Mirage, Palm Springs and Indian Wells. La Quinta's location in the east -central Valley places it in the center of the highest - growth area of the Valley, and the City's borders with parts of unincorporated Riverside County offer room for physical expansion. Since the 1920's, the La Quinta Resort and Club has inspired wealthy and often famous individuals to escape, relax, play golf and partake in the serenity of the place. Today, the desert resort city which bears the historic resort's name is still a special place to visit; but it also has emerged as one of the finest cities in the Coachella Valley to shop, conduct business and call home for all or part of the year. Year -Round Population During the past 30 to 40 years, population growth in the Greater Coachella Valley has moved southeast from Palm Springs along the Highway 111 corridor toward La Quinta. Today, many of the communities to the west of La Quinta are built -out and do not have the ability to expand, beyond their ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA March 5, 2004 ECONOMIC DEVELOPMENT PLAN 11 526 RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 7 current borders. The Coachella Valley is forecasted to grow in the next several years, and the east -central valley is one of most desirable areas for new residents to settle. When the City of La Quinta was incorporated in 1982, the permanent population was only 5,260 residents. In 20 years, the population expanded to 28,715 people (5.5 times). Since the mid-1990's, the City of La Quinta has been one of the fastest growing cities in California with annual growth rates nearing eight percent, and future population growth in La Quinta is expected to outpace growth in the United States, the State of California, Riverside. County and the Coachella Valley. By 2010, the permanent population of La Quinta could reach 40,000 people, or nearly 10 percent of all Coachella Valley residents. Between 2003 and 2010, the City of La Quinta may gain over 1,400 new permanent residents annually through annexation, migration and net natural increase. Seasonal Population Similar to other warm weather resort communities of North America, the populations of La Quinta and the Coachella Valley surge during the winter and spring months as seasonal residents head south. During the 2002 season, La Quinta's population grew by almost 12,000 people, or 42 percent of the year-round population. For the next five years, the size of La Quinta's seasonal population is expected to remain 40 to 45 percent of the year-round population. Other Coachella Valley communities, such as Palm Springs, Rancho Mirage and Indian Wells, see their populations grow by more than 60 percent during the months between January and April. Social/Economic Overview The median age of La Quinta's permanent residents was 36.4 years old in 2002, which is younger than the Coachella Valley average of 37.6 years. Approximately 40 percent of La Quinta residents over age 18 are employed and the median household income of $58,200 in 2002 was the third highest in the Coachella Valley, after Indian Wells and Rancho Mirage. A majority of the permanent La Quinta residents are employed in service industries led by resort and resident services, finance, insurance, real estate and retail trade. Employment seasonality is a concern for many residents of La Quinta and other parts of the Coachella Valley. The largest employers in La Quinta, which include KSL Recreation and "big box" retailers, reduce their workforces by approximately 30 percent during the summer months. Attracting companies that employ the area's diverse population on a year-round basis is a priority of the City and the Coachella Valley Economic Partnership. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA March 5, 2004 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 8 La Quintals Opportunities La Quinta is a community that is balanced between success as a residential community for permanent residents and Coachella Valley's workforce and as a successful destination resort community for short-term visitors and second homeowners. In the future, the City of La Quinta has the opportunity to either strengthen its position in the Coachella Valley as a residential/worker community or as a resort community, or maintain its current position and face the challenges associated with meeting the often divergent interests of both the residential/worker and resort communities. Its position in the Valley will be determined, in large part, by the collective vision established for the city and the decisions made regarding real estate uses throughout the city. La Quinta's many strengths make the community appealing to year-round residents, second homeowners, transient visitors and business people. The key assets of the La Quinta market include: • History — The historic La Quinta Resort and Club is an extraordinary place that attracts thousands of visitors and generates significant consumer spending in the community. The city's history is closely tied to this classic California desert resort and its long-time ties to the international elite. • Location — La Quinta's location in the east -central Coachella Valley puts it in the middle of the highest growth area of the Valley. Plus, the city's close proximity to the mountains provides numerous benefits, including outstanding views, and protection from strong winds and blowing sand. • Developable land — Prime parcels of real estate for a variety of uses exist along the Highway 111 corridor, in central La Quinta and the Village District, and to the southeast near unincorporated parts of Riverside County. Much of the land to the south could be annexed to accommodate future development. • Population growth — Strategically planned growth provides opportunities for public and private revenue generation and a sustainable future. • Workforce diversity — The diversity of the workforce in La Quinta and surrounding community enables businesses of all types to locate in La Quinta and staff operations with individuals who are appropriately skilled for the specific job. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA March 5, 2004 ECONOMIC DEVELOPMENT PLAN 13 528 RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 9 • Local leadership — The municipal government, Chamber of Commerce and community leaders are willing and able to make decisions, get things done and support managed growth. • Economic opportunities — La Quinta is located near a federal Empowerment Zone and a state Enterprise Zone, both ,of which have tax benefits for area businesses. In addition, electric service in La Quinta is supplied by Imperial Irrigation District, which provides reliable service for rates that are lower than those charged by Southern California Edison, which services the rest of the valley communities to the west of La Quinta. Development Potential Retail Real Estate The real estate development principle of "retail follows rooftops" definitely applies in La Quinta. In 1982, there was very limited retail activity in the city, but by 2001, there was almost 1.5 million square feet of commercial space generating $334 million in taxable sales. However, there is still opportunity for more retail expansion in La Quinta, as total retail sales are projected to reach $405 million per year by 2005 and $620 million per year by 2010. This sales growth will require an additional 192,000 to 233,000 square feet of retail/commercial real estate per year between now and 2010, which can be broken down as follows: • Regional retail — 115,000 to 140,000 square feet GFA per year. • Community retail — 58,000 to 70,000 square feet GFA per year. • Neighborhood retail—19,000 to 23,000 square feet GFA per year. Some of the future demand for retail real estate will be satisfied in commercial/retail villages that are being developed in La Quinta's historic downtown area, at The ,�ilverRock Resort and elsewhere in central La Deleted: Ranch Quinta. There are many types of destinations in the Coachella Valley, but village -centered, pedestrian -oriented retail in La Quinta will satisfy a niche that currently is underserved. La Quinta is a great place for retailers to locate new stores. The seasonality of retail sales in La Quinta ranges from 21.1 percent in the third quarter (summer) to 25.6 percent in the first quarter (winter), which is only slightly different from the range in Riverside County as a whole. Plus, La Quinta has many of the characteristics that retail tenants look for when selecting sites for new stores. This city offers: ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA March 5, 2004 ECONOMIC DEVELOPMENT PLAN 14 J�� RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 10 • High traffic counts along the main commercial/retail corridor (over 30,000 cars per day along Highway 1111); • Positive social/economic profiles and forecasts; • Ample space to suit a variety of retail requirements; • Sizeable permanent population (over 45,000 within three miles of Highway 111 in Central La Quinta and nearly 100,000 within five miles) and large seasonal increase; and • Mid to high level household incomes within five miles of the commercial core areas, 12,000 to 15,000 seasonal residents and 48,000 to 58,000 unique overnight hotel guests that spend over $250 per day in the city. Lodging/Hotel Real Estate At present, almost every overnight visitor in La Quinta stays at the La Quinta Resort and Club because it is a quality experience and there are few other options in the city. However, two or three hotel projects are in various stages of planning and development in the city. La Quinta has the highest average gross hotel sales rate in the Coachella Valley at $49,300 per room, annual average occupancy rates in the Coachella Valley exceed 60 percent and recent valley -wide revenue per available room (revPAR) of $74.41 exceeded the state-wide average of $68.86 by eight percent. Demand for new hotel properties in La Quinta will be determined by the timing of other hotel openings in the city and the Greater Coachella Valley. There currently are three hotel projects (approximately 450 rooms) in La Quinta in various stages of planning and at least 12 projects with over 2,500 rooms in the planning stages throughout the rest of the Coachella Valley. Design Workshop believes that before 2004, no new major resort hotel projects with greater than 400 rooms will break ground in the Coachella Valley. However, opportunities will exist in La Quinta at The ilverRock Resort.project before 2006 fora luxurious,. intimate boutique.._.., Deleted Ranch ._..... _ _....P J . .. ._.__ m._..__.. _ _...._._ ._._.... __._. _. hotel with 50 to 100 rooms. This type of product could fill a niche that currently is underserved in the Coachella Valley. Demand for an upscale, highly amenitized resort hotel with approximately 250 rooms likely will not exist for another two to four years after the boutique hotel opens. The timing of this hotel will depend on what happens to visitor numbers and proposed projects throughout the valley. If one or more of the planned or approved hotel projects in La Quinta do Source: City of La Quinta, Community Development De artment., ,,.N,4 x_u c).rte(I in the {O tober2(tt)2, t�esign._�� Workshop t-l.ark st_Study) ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA March 5, 2004 ECONOMIC DEVELOPMENT PLAN J345 RESOURCES, OPPORTUNIT93 AND MARKET PROFILE PAGE 11 not materialize, the likelihood of the market supporting hotels at The . • � Deleted: Ranch ailverRock Resort increases. Office/Light Industrial Real Estate The City of La Quinta Community Development Department estimated that there was nearly 540,000 square feet of built office space and 282,000 square feet of built warehousing and storage space in the city in 2001. Design Workshop predicts that another 470,000 to 630,000 square feet of commercial office, commercial park and light industrial space will be demanded in La Quinta between now and the end of 2010. Space for these three real estate uses will occupy up to 40 acres of land. Both resort community growth and residential/worker community growth need the support of workers who occupy office and light industrial real estate; and future demand for commercial office, commercial park and light industrial space exists in La Quinta. The City can capitalize on its location in the middle of one of the highest growth areas in the Coachella Valley and become a central location in which businesses can locate to serve local and neighboring communities and take advantage of nearby Empowerment and Enterprise zones. Live/Work Housing Real Estate The live/work housing concept is gaining greater acceptance throughout California and across the country as city planners attempt to solve problems such as excess vacant land zoned as commercial or industrial, urban infill, urban sprawl, affordable housing, pollution and traffic congestion. Advocates of live/work housing suggest that it allows individuals to better manage the balance between work and home life and can create productive and healthy communities. There are a number of case studies of successful live/work housing projects, including ones in Santa Fe, New Mexico; San Francisco; Santa Rosa Beach, Florida; and Vancouver, British Columbia. At present, there are no live/work housing units in La Quinta. Artists, service workers and professionals may demand live/work housing by 2010 in the La Quinta Village District or at the La Quinta Arts Foundation campus on Washington Street. Live/work housing could be an effective buffer between the Village District and residential neighborhoods that surround the district, especially as village -centered developments such as Old Town La Quinta and Santa Rosa Plaza are built and expanded. Deleted: The �a'�'►ilverRock Resort - { Deleted: sllverRock Ranch Inserted: SllverRock ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA March 5, 2004 ECONOMIC DEVELOPMENT PLAN 1W J :31 RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 12 In 2002, the City of La Quinta acquired 14 BilverRock Resort site from Deleted: T _ 1 _. KSL Recreation, which consists of 525 acres on the southwest corner of j- Deleted: Ranchm� Jefferson Street and 52nd Avenue. The primary objectives &2re to provide Deleted: at the site are public recreation — primarily golf — for residents and visitors and to create ongoing revenue streams, by way of sales taxes and transient occupancy taxes (TOT), for the city. To these ends, there are opportunities to add world -class golf, overnight visitor accommodations and destination retail that complement other retail developments in the city. The Village Core area should be the center of activity for the project and home to the golf clubhouse, a welcome/information center, hotels, retail, community space and parking. Its design should be pedestrian -friendly, oriented with views of the mountains and favorable solar exposure and have cohesive architecture. Contractual obligations and market limitations will dictate much of the development program in the first six to seven years, so market analysis, development strategy and phasing will be important throughout the project. As stated earlier, Design Workshop expects that.QIverR©ck Resort likely _.. Deleted: The will support and benefit from having up to two hotels in the village core — f Deleted: SilverRock Ranch_ ~~ one a highly amenitized resort hotel and the other an intimate boutique Inserted: SilverRock hotel. Given the uniqueness of the concept in the Coachella Valley and its limited scale, the market will support the boutique hotel sooner than the larger conference hotel, perhaps within the next two to four years. Retail/commercial spaces can be located in free-standing buildings throughout the village core, should contain at least one destination anchor tenant (food or goods) and can be integrated into the hotels and golf clubhouse. The goal of retail/commercial development at ilverRock Deleted: The —� Resort is to complement the retail experience in La Quinta and not to {Deleted: SilverRock Ranch compete with other destination retail such as the La Quinta Resort and Inserted: SilverRock Old Town La Quinta. In addition to strategically selecting tenants that are not located elsewhere in the city, there is an opportunity for retail at SilverRock Resort to be themed or focused. Old Town La Quinta will have Deleted: The __ .....—...�...._— a Mexican village/Classic California theme, and possible ideas for Deleted, SllverRock Ranch ,SllverRock ReOrt__include a Sports theme, __a Hollywood__ theme Or_an_, Inserted: SllverRock international theme. Deleted: The With 1he SilverRock Resort__prolect, the _city_ has an opportunity to significantly enhance public recreation in the city, preserve much of the Y natural beauty of the community and benefit business owners throughout the city by elevating the entire community to a new level of quality and desirability. All the pieces can be combined to make La Quinta THE destination for east -central Coachella Valley residents and visitors, benefiting everyone who is committed to the common goal. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA March 5, 2004 ECONOMIC DEVELOPMENT PLAN Deleted: SllverRock Ranch Inserted: SllverRock Deleted: T Inserted: T.�mm.__T._._.._._..-._._-�_.� Deleted: The ............ ..............m, Deleted: SllverRock Ranch ....................... ............ ..... Inserted• SllverRock j J3� 17 RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 13 Note: The aforementioned summary was derived from the March 2003 market study prepared by Design Workshop. Please review the entire market study for their complete market analysis. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA March 5, 2004 ECONOMIC DEVELOPMENT PLAN 18 533 RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 14 Projected City/Redevelopment Agency Financial Resources for Economic Development As part of its ongoing resource management effort, the City annually evaluates City/Redevelopment Agency financial resources and identifies those resources that can be pledged to economic development initiatives._JDuring the004-0 i.__.. fiscal year, the City anticipates having 2.85.million_-available -to _invest_in- _non- infrastructure economic development initiatives, __These_ funds are. basically__one time resources that will most likely not be renewed when expended. City/Agency Real Estate Assets Deleted: ¶ Deleted:2003 Deleted: 4 Deleted: up to $24.55 Deleted: and public golf course activities. Deleted: Approximately $2.25 million Since 1983, the City and Redevelopment Agency have accumulated real estate will be available for economic development incentives, and $22.3 assets as a result of major infrastructure projects or as part of the Agency's million to underwrite the development affordable housing efforts. Exhibit A, in the Appendix of this Plan, presents a map of a public golf course and related of the real estate assets owned by the City or Redevelopment Agency. Ifacilities. City/Redevelopment Agency real estate assets currently available for economic development include ilverRock Resort owned by the Redevelo ment A ency Deleted SilverRock Ranch and the City's holdings located at the top of the Cove. inserted: silverRock Ranch Infrastructure Needs/City Capital improvement Program As part of the annual strategic planning effort the City conducts a comprehensive review of the community's infrastructure needs. The City is working to address the community's infrastructure needs through the Five -Year Capital Improvement Program. This program identifies both current year and projected five-year capital improvement needs and resources, and delineates an annual funding schedule for specific infrastructure projects. This Economic Development Plan is integrated with the Capital Improvement Program to ensure that the infrastructure impediments to specific economic development projects are addressed, or where possible, economic development project implementation activities mitigate site - specific capital improvement needs. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA March 5, 2004 ECONOMIC DEVELOPMENT PLAN J34 19 Section -3 200"5 Economic DeMopnwM Plan C__�!______________________________________________________________________________________________________________J' Strategies and Tasks to Stimulate Private Investment in La Quinta In order to proceed with implementation activities, a business plan is required that presents a mission statement describing the intended outcome the community wishes to achieve, and the overall policies that will guide implementation activities. Finally, specific target areas and implementation efforts are detailed. Mission Statement The mission statement the community formulated for this economic development effort is as follows: The mission of the Economic Development effort is to actively support the development and expansion of existing businesses, and to proactively recruit quality revenue - generating uses that diversify and expand the City's economic base, offer a variety of products and services, increase employment opportunities, enhance City/Agency fiscal resources, preserve and enhance La Quinta's unique environment, and contribute to the quality of life for La Quinta residents. Implementation Policies The following policies guide the City's Economic Development implementation efforts. They address resource and staffing commitments, annexation strategies, use of City assets, and refinement of City processes. These policies guide City staff as they pursue implementation initiatives. Active Participation In Economic Development The City will actively implement economic development initiatives by committing resources to market development opportunities through direct contact with property owners, commercial and industrial enterprises, resort and lodging operators, and developers. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA arch 9, 2004 ECONOMIC DEVELOPMENT PLAN Deleted: 2003 Deleted: 04 Deleted: May 6, 2003 j35 IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 16 Financial Resources Commitment The City and Redevelopment Agency will annually dedicate funds to support economic development and infrastructure improvement activities. Public Golf Course Development The Agency as roactively pursued the development_ of a golf resort that will Deleted: will --- avail tee times to La Quinta residents and resort guests. The golf courses will be designed to offer championship -quality play. Strike Team A City staff strike team will be maintained comprised of the City Manager's Office and Community Development Department. The Team will be responsible for: (1) working with local businesses to assist, where feasible, with their expansion needs, (2) actively recruiting developers/users to locate in La Quinta, (3) coordinating both the City and Redevelopment Agency economic development efforts, and (4) working with City staff to continually upgrade the City's community development, engineering and building inspection services. Business Retentiorn/Expansion The Strike Team will work with the La Quinta Chamber of Commerce to identify and facilitate business development and expansion opportunities involving existing La Quinta businesses. Economic Base Diversification Emphasis will be placed on pursuing opportunities that will dynamically diversify La Quinta's economic base to include a balance of retail, recreation, resort, and light manufacturing uses. City/Agency Private Project Investment City/Redevelopment Agency financial investment will be primarily limited to underwriting infrastructure costs unicipal fee costs obtaining ogerating and use 6eietea: and �— - covenants and rehabilitating/refurbishing older commercial structures and centers for projects that enhance overall City development and growth. Further, assisted projects must feature enhanced design and landscaping amenities. In formulating project specific investment parameters, the City will incorporate enhanced building and site maintenance requirements to insure that these amenities are maintained for the life of the development. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA March 5, 2004 ECONOMIC DEVELOPMENT PLAN 21 53G IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 17 City/Agency Return on Investment For commercial, industrial, or resort developments that require City/Redevelopment Agency investment to insure their economic viability, the City/Redevelopment Agency must achieve a minimum of a 15% to 18% cash on cash return, after City service costs are accounted for and by the third stabilized year of operation, in order to justify City/Redevelopment Agency investment. Further, City/Redevelopment Agency investment should be fully repaid within a 10-year period, with every attempt' to achieve repayment within a 5- to 8-year period. Private Project Investment - Financial Need For commercial, industrial, or resort development projects that request City/Redevelopment Agency financial investment, the City/Redevelopment Agency shall find that off -site infrastructure improvement costs. municipal fee Deleted: and costs, and/or property and building refurbishment and rehabilitation costs are so excessive that the project warrants public investment to underwrite some of these costs in order to generate sufficient returns to attract private investment. Further, if City/Redevelopment Agency financial investment is targeted towards obtaining operating and use covenants the City/Redevelopment Agency shall find that the desired user achieves the City/Agency Return on Investment parameters described above and generates additional employment, retail and/or recreation opportunities for La Quinta residents. Reuse of Obsolete Commercial Facilities The City/Redevelopment Agency will pro actively work to ensure the reuse of commercial facilities that remain vacant for 6 months or more. These activities will include working with property owners and tenants to identify reuse opportunities identify site and building improvement needs, and facilitate user/developer recruitment efforts. Highway I I I Anchor Tenants In order to enhance commercial opportunities the City/Redevelopment Agency will work to secure a maior retail anchor for the east end of this Corridor. In doinq so this Corridor will have major demand generating anchors located in Corridor's west middle and eastern sectors. The City/Redevelopment Agency will then be in a position to reduce, if not cease its involvement in facilitating vacant land development and instead focus exclusively on facilitating the reuse of obsolete commercial facilities. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA March 5, 2004 ECONOMIC DEVELOPMENT PLAN _ 22 IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 18 Environmental Compatibility In order to maintain, protect and enhance La Quinta's unique physical environment, all new development projects will be reviewed with added emphasis on their compatibility with their environmental setting to insure preservation of La Quinta's unique natural desert and mountain landscape. Regional Transportation Opportunities The City will pursue joint efforts with regional agencies that facilitate the expansion of rail and air transportation services, including the Desert Resorts Regional Airport, to support the transportation needs of La Quinta's resort, commercial, and other uses. Annexation Opportunities The City will respond to annexation opportunities as requested that are economically sustainable, enhance its economic future and protect environmentally sensitive areas that are crucial to the La Quinta experience. These will include properties that enhance resort and golf course development opportunities, accommodate commercial, industrial, and transportation uses, protect environmentally sensitive areas and scenic vistas, and enhance equestrian opportunities. The City will also review potential impacts on current residents. Municipal Properties The City will pursue the timely sale and/or development of all City/Agency owned surplus property with uses that maintain, protect and enhance the environment while achieving a return on the initial City/Agency investment. Recreation Opportunities The City will develop a municipal golf course or other recreational uses that are compatible with surrounding neighborhoods. Further, efforts will be made to develop a comprehensive trail system that links the recreation amenities at Lake Cahuilla and in the Santa Rosa Mountains with the City's residential and resort communities. Streetscape Improvements Future major arterial streetscape and median improvements will be designed to impart a sense of place and a feeling unique only to La Quinta so that residents, visitors and other travelers will experience a sense of arriving at a special destination when traveling to or through La Quinta. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA March 5, 2004 ECONOMIC DEVELOPMENT PLAN 23 538 IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 19 Highway I I I Corridor Land Use Diversification The City will encourage the development of commercial, service commercial, office, lodging and light industrial uses within the Highway 111 corridor to diversify the community's economic base. Staff Development City staff will continually work to refine and improve their skills as they relate. to fulfilling the mission of the economic development plan and program while reinforcing the perspective that the City's economic survival depends on City staffs ability to serve the public in a courteous, efficient and knowledgeable manner. Prepare New and Update Existing Information Documents On an ongoing basis, City staff will prepare new, and update existing, promotional and community information documents for circulation to potential users and developers. Deleted: Z002 Accomplishments Dining Fiscal Year 2W3 04 Deletes: os The Business Plan presented in the,2003_L4 Economic Development Plan identified :..; Deletes: zooz specific target areas and activities to accomplish during the fiscal year. The following Deleted: os�� summarizes the accomplishments by target area, as of March 004_. Deletes: zoos Highway II I Corridor JM!Ies/Washington Property. The Agency approved a Disposition and Development Agreement DDA with California Intelligent Communities that acilitates develo ment of Homewood Suites by Hilton hotel a bouti ue hotel restaurant, and related hospitality uses on this property. The DDA also facilitates development of a medical office center that will be designed to aenerate demand for the hotel and boutique hotel rooms. The DDA also funds the development of market and affordable single-family dwellings to buffer the hospitality and medical uses from the adjoining single-family residential neighborhoods, Marketing Highway I I I Properties. City staff continued to work with Highway 111 property owners to jointly pursue marketing opportunities. This included promoting development opportunities at the International Council of Shopping Centers' Palm Springs Conference, working with property owners to address impediments to development, and facilitating development proposal entitlement needs. ROSENOW SPEVACEK GROUP, INC. March 5, 2004 CITY OF LA QUINTA ECONOMIC DEVELOPMENT PLAN Deleted: <#>La Quints Corporate Center. Acquired right- of-way at La Quinta Center Drive to facilitate access from this site to Highway 111.1 Deleted: entered into an Exclusive Negotiation Deleted: initiated negotiations for Deleted: that are anchored by a Deleted: A disposition and development agreement is currently being negotiated and entitlements to facilitate the medical uses are being processed. 24 5 9 IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 20 is One Eleven La Quinta Centre. Initiated activities to implement the I q..agreement with Wal-Mart that facilitates the reuse of.t.heir retail with a new retail used H Additional accoMpLishments include: ■ Washinaton Park. The City approved --------- - -development and processed --- pro osals for.a Target Department Store, Marshall's, Stein Mart, an other retailers. a Centre at La Quinta. The City approved and processed deveippmen proposals for the first Wal-Mart Supercenter to open in California, a Pttsmart pet supp restaurants jy-store, Nextel, Game Stop, and various The Village Demonstration Streetscapew Completed the prototypical Villag?, street{ theme for Avenida La Fonda, including streetlights, new sidewalk, landscaped median, curb and gutter,. street construction and restriping, a Parking Facilities. Completed analysis of public parking facilities located on the northwest corner of Avenida Bermudas and Avenida Montzurria: i�royqryLents qEtbeing c[esigned.., ,A.d.d-i.ti.o,n..a.l.,accomplishments_ inc.lud,e:.-.......----.-....-I---�.�-......--,..---..........--....-.....-..---........�....--..-..--...'.,�-..-.,-I ---- I ------ Old Town. The Citv amroved and processed development proposals for a multiple -building retail/restaurant/office complex, Tenants include a Hogs' Breath Inn Restaurant, Wishes To Store. the Boutigue Clothing store, Stuft PiMan art ggery. and a variety of retailers, restaurants, and sery ---------------------------------- Annexation Feasibility nexation. Processed 1-annexation at the southwest corner Avenue 52 and Monroe_atreet — ------------------------------------------------------ ---------- Resort/Hospitality Opportunities in SlIverRock Resort Completed master planning efforts involving the - On , , , I , . 1. 111.1 . - 525 acre property, completed the design of the Phase 1 tournament golf course and initiated construction of the tournament golf course, a ROSENOW SPIEVACEIK GROUP, INC. CITY OF LA QUINTA March 5, 2004 ECONOMIC DEVELOPME PLAN Deleted: Entered into a Deleted: Wal-Mart bull Deleted: s Formatted: Font: (Default) Arial Black Formatted: Bulleted + Level: 1 + Aligned at: 0.72" + Tab after: 0.97" I +indent at: 0.97" Deleted: The City further approved development proposals to locate Ross Dress for Less and Staples In this center. Deleted: Additional accomplishments include:% I <#>Washington Park. The City approved amendments to the existing Specific Plan that facilitates the development of a Target Department Store.1 ................................. 6 .................................. ... Formatted: Bulleted + Level: 1 + Aligned at: 0.76" + Tab after: 1.01" +Indent at: 1.01" Formatted: Font: (Default) Arial Deleted: <#>Demonstration Streetscape. Completed the prototypical Village street theme for Calle Estado, including streetlights, new sidewalk, curb, and gutter, and street construction and restriping. I <#>Commercial Property Improvement Program. In 2002- 03, the Agency provided financial assistance to three properties for projects that included landscape improvements, parking improvements, and fagade ... r1l ril Deleted: Civic Center Campus Phase 1. The City completed TDeleted: Trilogy Formatted Deleted: an Deleted: s ...................... Inserted: s Deleted: involving three sections lan�d contiguous to the Coral ........ ......... .................... ............. i Deleted: (Does this apply for this fiscal year?).1 Inserted: (Does this apply for this fiscalyear ?) fis cal The Deleted: anch 25 M* J40 IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 21 temporary clubhouse, reQuired on -and off -site infrastructure, and adjoining Deleted: Purchased 525acres of street and parkway im rovements� land adjoining the Coral Reef p______________________________________________-----= '' Mountains and initiated planning activities to prepare a master Housing development plan and development program. ■ La Quinta Housing Program. The Redevelopment Agency continued to implement the La Quinta Housing Program that funds second trust deed mortgages, residential rehabilitation loans, and the purchase of dilapidated dwellings. A total of 27�second trust deed loans were funded_, allocated to low and moderate -income households. , ■ La Quinta Rental Housing Program. Sold 3 homes to existing occupants who could qualify for a first trust deed mortgage and who saved funds for a down payment and closing costs. ■ Avenue 48/Adams Street Development. Site planning activities have been competed and the Agency is in the process of transferring the property to the developer so construction may begin. The Affordable Housin ...�reement-will facilitate -development. of 149..single-family homes affordable to moderate -income households aged 55 years and older. ■ Avenue 47/Adams Street Development. This project is underway and entails the ,d_evelopment of 80 _senior. apartment units affordable to.., very low and low-income households. The senior complex is anticipated to be ready for occupancy by the Spring 2004.. ■ Vista Dunes Mobile Home Park. The Agency is in the process of purchasing this older mobile home park to facilitate its redevelopment with single-family. dwellings affordable to very low income residents. The park purchase activities will be concluded by April of 2004 with property redevelopment activities scheduled to be complete by July 2005. ■ Hammer Property. The Agency entered into escrow with the Hammer Family Trust to acquire a 27.75 acre property. Escrow is scheduled to close by June 2004 Property disposition activities will entail a combination of affordable multi -family housing, and park and commercial uses. Marketing ........ ......... . Infomerciall. Updated the two versions local and out -of -market of the- infomercial. Aired --in tarcieted markets alone with 1 a and 30 second commerclalS dtS. ....................................................................................................................... .. I Formatted: Indent: Left: 0.75", {.Hanging: 0.2" Deleted:180 Deleted: Inserted: Deleted: Further, the Agency facilitated the rehabilitation and reconstruction of 14 apartment units that will be affordable to moderate income households. The Agency also funded 10 residential rehabilitation bans that facilitated new roof, heating/air conditioning, exterior painting and landscaping improvements. Deleted: two ,,-Deleted: _ Inserted: Deleted: The Redevelopment Agency concluded a Disposition and Development 'Deleted:F Deleted: that Deleted: facilitate Deleted: the Deleted: a Redevelopment Agency concluded a Disposition and Development Agreement with Southern Presbyterian Homes that assists with the ....................................................................................................................... Deleted: (THIS IS CM OFFICE WORLD DELETION/INPUT) ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA March 5, 2004 ECONOMIC DEVELOPMENT PLAN Formatted: Justified, Indent: Left: 0.75", Hanging: 0.2" .. .................................................................................................................... 541 26 IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 22 .................................................................................................................... . ■ Print Advertising. Advertised in various ro ram uidesJ ublications:,- . _. Formatted: Justified, Indent: Left: 0.75", Hanging:0.2".� International Council of Shopping Centers, Bob Hoe Chrysler Classic, ................................... .... ................................................... Palm Springs _Life The Skins Game; and BizNet 2004 oocal chamber event. { Deleted: Passport to Savings. This business retention program was11 ...................................................................................................................................................................................................................................................................... in effect during the summer of 2002. ■ Collateral Material. Produced new economic development, collateral—, It promoted local La Quinta -- - businesses and offered residents material (e.g., folder, market Inserts, business brochure)_ discounts to 26 shops and ., restaurants. The program involved a passport book with discounts, and a Business Expositions. Participated in the International Council Of",: prizes such as dinners, golf and a cruise to Ensenada.1 Shopping Centers' Western Division Conference and BizNet 2004.:::::.:::::::::::::::::::::::::::::::::::::::=::::::::::::::-::::::::::::::::: Deleted: <#>Television and Print Advertising. Two versions a Annual Newsletter. Produced a second annual City newsletter for*•, of the City's infomercial were distribution to La Quinta residents j produced. One version aired locally it with a "civic pride" message and the other aired in targeted markets and `lit Calendar. Created the traditional economic ■ Created first City calendar for distribution to La Quinta``: development infomercial. Additionally, various ads were residents lfeatured facts, photos, important dateslevents . j prepared and placed in targeted publications highlighting economic a CQiT munit SerViCes. Maximized exposure for events such as the-,, 1 development opportunities in the City and depicting the La Quinta "lifestyle." City Picnic and other community -oriented events, Formatted 5 { ............................................................................................ .......................Formatted: Justified, Tabs: ,,;. Left . Y........................................................................................................... ....................... Formatted ..................................................................... ,Additional accomplishments include: Formatted: Justified, Tabs: 1", Left Formatted .......................................................................................................................................................................... Formatted [8l SilverRock Resort. Selected a marketing firm for SilverRock Resort `.. `:`.' : ,( Formatted .........._......................................_.._... _ _._... _ Who worked on the following.. a round breakingceremon too i Deletes: The production of to development brandin of the ro'ect a collateral piece, website I Formatted 11 maintenance and ublic/media relations. { Deleted: <#>ICSC. The c ... 12 Deleted: <#>Trade .......................................................................................... ............................................................................................ 13 Deleted: <#>Photo Libra 2004�05 Implementation Activities and Target Areas _ - ... 14 ------ e-------------------------------------------------------------------------------------------------------------------------, Deleted: <#>Newsletter. 15 The following initiatives will be pursued during the ,?004 A5 fiscal year. It should be `;, I, Deleted: <#>Calendar. Pr 16 : ,r.................................-.............:-....� dar..�..r. noted that the City has accomplished many economic development initiatives within the Formatted: Bullets and Numbering Highway 111 corridor that have attracted major anchor retailers. The g �goal for 004- 5 ` .�.., '';,• '�,`�, ? Formatted: Font: 11 pt........ .... .. is to continue efforts to secure an additional major anchor tenant for the eastern section Deleted: 2003 of the Highway 111 corridor„Jf this is _accomplished, the _Redevelopment Agency_ can then diminish its role to stimulate economic development in the Highway 111 corridor `; `' Deletes` oa and let the private market, with major traffic and demand generators in place, complete ` Deleted: 2003 the build out of this corridor. Deleted: 04 Deleted: 2003 A prime focus of the economic development efforts will be to facilitate the development Deletes: 04 _ of the first golf course on Silverhock Resort, .and to market.this property to..resort, hotel ` Deletes: to capture retail de 17 and hospitality developers and users. I Deleted: The Ranch ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA March 5, 2004 ECONOMIC DEVELOPMENT PLAN 27 040 +C. IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 23 Highway II I Corridor Activities to Accomplish in . Continue to market La Quinta development Deleted: 2003 -] 004- 5: � � ..�z ,..,�........... _...__ .. -..... _......... ......opportunities . to...regionah. _hotel and..family............. - Deletaa: oa restaurant/entertainment developers and operators in conjunction with property owners. • m lement the __gi§position and Deleted: Conclude a evelo ment Agreement that leads to hotel, Deleted: d restaurant, medical office and residential Deleted: development development on the Miles/Washington f.Deleted: agreement�__�__—_--� property. • Facilitate the reuse of the Wal-Mart building at One Eleven La Quinta Center by securing a major anchor tenant for the existing Wal-Mart building. • Secure an anchor user for the eastern Formatted: Bullets and Numbering section of this corridor. The WiIlage Activities to Accomplish in w Finalize design and complete improvements -, 1 Formatted: Indent: Left: o", 004- 5: to the public arkin lot located at the I Hanging: o.i'' 2..Q4 .Q.. _ ----------------------------------- -r northwest corner of Avenida Bermudas and Formatted: Bullets and Numbering Avenida MOntezum Deleted: 2003 Deleted: 04 • Continue to explore live/work loft housing Deleted: Analyze public parking opportunities. facilities to identify additional parking improvements that may be needed. • Continue to explore commercial retail 1 Formatted.. Indent: Left: 0" development opportunities. Annexation Feasibility Activities to Accomplish in . Continue to discuss potential annexation Deleted: 2003 2�___004- 5: opportunities..... and ... review .... the potential -- Deletes: oa impacts on current services and financial ---------_._.__ resources. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA March 5, 2004 ECONOMIC DEVELOPMENT PLAN 28 J43 IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 24 Resort/Hospitality Opportunities Activities to Accomplish in •Complete hase I development which includes constructing the tournament golf course on -and off -site infrastructure, parkway improvements, and improving the temporary clubhouse. • Initiate design and development activities for �.... the permanent clubhouse. Deleted: The Ranch Master Planning activities, retain a golf architect, and complete the design of the first golf course, driving range and temporary clubhouse; and begin construction of Deleted: 2003 Deleted: 04 Formatted: Bullets and Numbering • Market J2outigue and resort hotel p4e. f Deleted: The Ranch's opportunities. Deletes:resort _ _ • Conclude ne otiations and execute an agreement to host a major PGA tournament at SilverRock Resort. • Establish a selection process and criteria for potential. 4-star and 5-star hotel and bouticlue hotel developers for SilverRock Resort. • Begin conceptual planning for the retail component of SilverRock Resort. • Solicit proposals from landowners and developers to jointly develop additional resort and hospitality uses throughout the City. Housing Activities to Accomplish in . Initiate and conclude site improvement and 20Q4_055: dwelling construction activities related to the ------------------------------ redevelopment of Vista Dunes Mobile Home Park • Purchase and reserve additional property for future affordable housing development. • Identifyjehabilitation and/or redevelo ment_-_______ _ opportunities wherein the Agency would acquire and rehabilitate existing residential units and reserve them for affordable ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA March 5, 2004 ECONOMIC DEVELOPMENT PLAN ....................................................................................................................., Formatted: Bullets and Numbering ..................................................................................................................... fFormatted: Bullets and Numbering Formatted: Numbered + Level: 1 + Numbering Style: Bullet + Start at: 1 + Alignment: Left + Aligned at: 0" + Tab after: 0" + Indent at: 0.17" Deleted: 2003 Deleted: 04 Deleted: Conclude an affordable housing agreement for the development of the Agency's Miles Avenue and Washington Street property.¶ Deleted: residential 29 IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 25 housing. • Initiate and complete the development Formatted: Bullets and Numbering program and site planning activities related to the Hammer prope!:!y (Highway Ill and Dune Palms); initiate developer/operator Deleted: solicitationactivities,....... .................................... ...................................................................................................................... Formatted; Bullets and Numbering Sell additional units in the La Quinta Housing Program to very low-income households. Marketing Activities to Accomplish in 9 Update the two versions (local and out-of- 2QO4- f the infomercial and air in various ,05, target m rkets. 0 Advertise in various economic development ......., and qolf tournament program guide publications. * JContinue to participate in the International Council of Shopping Centers' Western Division Conference @nd the La Quinta Chamber * Produce a Jhird annual newsletter for., distribution to La Quinta residents. e Create p. 2006 nd City calear & distribution to La Quints rei de"n't'k'' ........ *-Create a new Ci!ywebsite design utilizin beauty..shots and new collateral materials. n c-,,, w Q�.,isiness Rm,�RJ ffill ,Nlt to Revisit inip!g, _qLe 3q.,,jjion cA DiscQuad Shopper, ....... ..................... • Maximize exposure for events such as the City Picnic and other community -oriented ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA March 5, 2004 ECONOMIC DEVELOPMENT PLAN Deleted: 2003 J Deleted: 04 Deleted: <#>using the same introductions and footage, updating interviews, making minor modifications to the scripts and voiceovers, and obtaining footage of new City amenities. I ................ J Deleted: the trade Formatted: Body Text, Bulleted + Level: 1 + Aligned at: 0" + Tab I after: 0" +Indent at: 0. 17" Deleted: 4Xhat reach retail/restaurant developers and business owners; and continue advertising in local publications such as the Bob Hope Chrysler Classic Program Guide, and the October issue of Palm Springs Life (Desert Cities Progress Issue).1 .. ... ........ ...... . .. — ...... Formatted: Font: 12 pt Formatted: Font: 12 pt Deleted: in Palm Springs via the elet City I S economic development booth and the new collateral material. ...................................... .......................................... .................... Formatted: Font: 12 pt Deleted• .................... . Deleted: Articles may feature: new economic development projects, the benefits of commercial growth, new City facilities and/or amenities, and information on City funding and expenses.1 Deleted: A 2004-05 Deleted: (to be mailed ..................................... Deleted: Deleted: featuring La Quinta's beauty and lifestyle, and presenting informational bits about the City (e.g., historical facts, key dates, important events). — — ---------- Formatted: Bullets and Numbering I Formatted: Bullets and Numbering W IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 26 events. • Continue marketing efforts for SilverRock Formatted: Bullets and Numbering Resort (grand opening , too brandiM website, media, retail/hotel/golf p!gy marketing, collateral material). ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA March 5, 2004 ECONOMIC DEVELOPMENT PLAN 31 046 Exhibit -A- Deleted: 2003 . men , Plan 2004-05 Economic Dev�eloil <— _---- c------------------------------------------------------------------------------------------------------------ - Deleted: oa Strategies and Tasks to Stimulate Private Investment in La Quinta Currently being updated; will be included in final version. Deleted: May 6, 2003 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA March 9. 2004 ECONOMIC DEVELOPMENT PLAN :. --__---_....----- -- -- 32 547 001, 4 w o� oar Tom° COUNCIL/RDA MEETING DATE: April 6, 2004 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Discussion of City of La Quinta Marketing CONSENT CALENDAR: Plan for Fiscal Year 2004-05 STUDY SESSION: -4 PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: The City of La Quinta budget for fiscal year 2003-04 included $220,500 for marketing services (specifically for economic development act.ivities, the City newsletter, and several community services projects). The $220,500 marketing effort was supported by various accounts within the City's budget including: economic development, redevelopment, finance and general services, and community services. The marketing items to be implemented by Kiner Goodsell Advertising in fiscal year 2003-04 (i.e., Kiner Goodsell's scope of work) had a corresponding budget of $164,500. A marketing budget for fiscal year 2004-05 has not yet been established, and may be impacted by several new marketing concepts being proposed by Kiner Goodsell. CHARTER CITY IMPLICATIONS: The City Charter allows the . City "to utilize revenues from the general fund to encourage, support and promote economic development." The marketing concepts recommended for fiscal year 2004-05 are intended to encourage, support and promote economic development in the City. BACKGROUND AND OVERVIEW: As part of their contract with the City of La Quinta, Kiner Goodsell is responsible for updating the City's marketing plan on an annual basis. Kiner Goodsell has submitted recommended marketing concepts for fiscal year 2004-05 (Attachment 1) as a precursor to actual preparation of the updated plan. In order to facilitate City Council discussion and direction, a summary of Kiner Goodsell's recommended marketing concepts for fiscal year 2004-05 is provided below, with more detail provided in Attachment 1: • Economic Development Infomercials/Spot TV (Continue) - Create completely new infomercials (local and out -of -market). Produce new 30 second spots. • Local Event Advertising (Continue) - Continue advertising in program guides of local events (including ICSC, Bob Hope Chrysler Classic, The Skins Game). • Business Recruitment Marketing Program (New) - Implement new program to assist local developers in attracting desired retailers to their centers via a one-time workshop, resident survey, and targeted "recruitment" packet. • Print Communications Vehicles (Continue) - Continue production of City newsletter, City calendar, and Palm Springs Life Advertorial. • Redesign Website (New) - Create a new website design for the City of La Quinta that is more reflective of the City's sophistication and allure. • Discount Shopper Program (Revisit) - Revisit the old "Shop/Dine" program using La Quinta dollars (golf theme) to offer residents discounts and support local businesses. • Community Services Marketing Support (Continue) - Create materials to support community services events such as the City picnic, library grand opening, and skate park grand opening. (In addition, the Community Services Department has a marketing/promotional services component within its budget to fund other programs and services, e.g., the recreation brochure.) Aside from the recommended marketing concepts presented by Kiner Goodsell, the City may wish to continue support for the following (which, historically, have been included in the City's marketing plan): • Advertising opportunities (contingency) • City promotional items • County Fair and National Date Festival sponsorship The marketing concepts and opportunities presented in this study session are being provided for Council discussion and direction. The marketing items selected for implementation will be utilized to prepare the City of La. Quinta Fiscal Year 2004-05 Marketing Plan. 2 j43 Respectfully submitted, 1114.6 Mark Weiss, Assistant City Manager Approved for submission by: rZ ZAU?�� Thomas P. Genovese, City Manager Attachment: 1. Marketing Concepts for the City of La Quinta Proposed for 2004-05 Fiscal Year 5Jfl 3 Attachment 1 Marketing Concepts for the City of La Quinta Proposed for 2004-05 Fiscal Year By: %finer/Goodsell Advertising Economic Development Continued Strategies Economic Development Infomercial/Spot TV: Budget sufficient funds to create completely new infomercials, both local and out -of -market. Budget will allow for all new b-roll shots so the pieces will be fresh and up-to-date. Out -of -market version will highlight the fast-growing market, "success stories" of boutique -type retailers and SilverRock Resort. Local version will touch on public safety, new community services, SilverRock Resort and an economic development segment encouraging existing Coachella Valley businesses to consider opening a second (or additional) location in La Quinta. Increase airtime budgets to allow for more broadcast coverage of the brand new infomercials. Also produce :30 second spots to air locally during busy periods (centered around major local events). Local Event Advertising: Continue a strong presence with prominent local events such as the ICSC Convention, the Bob Hope Chrysler Classic and The Skins Game, through program guide advertising. These ads reach visitors in town for these events who may be interested in relocating and opening a business in La Quinta. New Strategies Business Recruitment Marketing Program: Assist local developers in attracting retailers to fill their developments. Kiner/Goodsell would help the City put together a Commerce Advisory Group — a one-time workshop where a mix of developers and local businesses can offer input on ways the City could help attract businesses to developments with capacity in La Quinta (i.e., what types of businesses they want "courted" most, etc.). In addition to facilitating this workshop, Kiner/Goodsell would conduct a 500-person study of La Quinta residents asking what they want to see in La Quinta. The results of the study would be used to recruit desired businesses (i.e., "83% of La Quinta residents polled want to see more home goods stores in La Quinta" — this would be the "headline" of packets being distributed to home goods retailers). The study would also act as a community relations tool showing residents that the City values their input and is trying to build the community to include the services and amenities they (the residents) want to have close to home. Both the workshop input and the survey results would be used to create a marketing program aimed at: A) Primary Audience: Coachella Valley Businesses (for a second or additional location) B) Secondary Audience: Southern California Businesses 551 4 Kiner/Goodsell would assist the City in putting together a "wish list" of businesses and types of businesses the developers and residents would like to see in La Quinta. Then, Kiner/Goodsell would help put together a package to "recruit" these businesses, including many of the collateral materials we are producing this year (with the addition of a map showing the different developments in La Quinta and contact information for each project's commercial leasing agent). Kiner/Goodsell would then personally distribute these packets to targeted local businesses, and mail to Southern California businesses, with follow-up calls to help recruit these desired businesses through an extensive marketing program. Public Information Continued Strategies Print Communications Vehicles: Continue to communicate important public safety information, community services and economic development updates, SilverRock Resort progress and budget/f ending information through the Palm Springs Life Advertorial (October Desert Cities Progress Issue), the City calendar (next year's theme: golf), and the annual newsletter. New Strategies Redesign Website: Create a compelling new web design for the City that is more reflective of the sophistication and allure of the City of La Quinta. Include the new photography from the photo library we have built over the past 3 years, add the ability to sign up for community services program online, etc. Business Retention Revisited Stratea Discount Shopper Program: Look at reinstating the old "Shop/Dine" program in a new format to help support both old and new businesses in La Quinta — especially those in developments not complete where heavier foot traffic isn't yet established. Possible format would be "Redeem Your La Quinta Greens" (playing on money/dollar bills being green, as well as La Quinta's renowned golf greens) — where green dollar bills designed like a La Quinta $1 bill also using shots of La Quinta's golf "greens" — could be redeemed with participating businesses (for every $5 you spend, you could use one of your "greens," for $1 off). Community Services Continued Strategies Community Services Marketing Support: Create postcards, posters and other materials to support community services events such as the City picnic, library grand opening and skate park grand opening. 552 5 REPORT/INFORMATIONAL ITEM: I15-4 INVESTMENT ADVISORY BOARD Meeting February 11, 2004 I CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 4:00 P.M. by Chairman Lewis, followed by the Pledge of Allegiance. PRESENT: Chairman Lewis; Board Members Moulin, Mahfoud and. Deniel (4:15) ABSENT: Board Member Olander OTHERS PRESENT: John Falconer, Finance Director; Vianka Orrantia, Secretary II PUBLIC COMMENTS - None III CONFIRMATION OF AGENDA — (This is the time set aside for public comment on any matter not scheduled on the agenda.) IV CONSENT CALENDAR Approval of Minutes of Meeting on January 14, 2004 for the Investment Advisory Board. MOTION - It was moved by Board Members Moulin/Mahfoud to approve the Minutes of January 14, 2004. Motion carried unanimously. V BUSINESS SESSION A. Transmittal of Treasury Report for December 2003 Mr. Falconer summarized for the Board the Treasurers Report for the month of December. On page 2 the report reflects $50 million in maturities of a $120 million portfolio. On page 6, the activities page reflects an extension of the GSE's, with the yields holding. In response to Board Lewis, Mr. Falconer advised the Board that the FHLB discount note was purchased at 1.7% and extends out to 2005. Mr. Falconer advised the Board that the overall portfolio remained the same and that several investments were extended out. 553 Investment Advisory Board Minutes February 11, 2004 In response to Board Member Mahfoud, Mr. Falconer advised the Board that the tips treasuries are a long term investment with a maximum of ten years; the City's portfolio allows up to five years and from a tax standpoint would not benefit. Mr. Falconer also advised the Board that this does not fit into the City's short-term strategy. Chairman Lewis asked Staff how the current decline in interest rates on the portfolio affected the City's budget. Mr. Falconer advised the Board that Staff is currently preparing a mid -year cash report for Council's review, with the downturn in the interest rates the amount budgeted for this year was 2% with the City currently at 1.6%. At this time the City does not to have to balance their budget based on investments and earnings. Due to the growth in available balances, the City will increase the budget for the upcoming year. MOTION - It was moved by Board Members Moulin/Mahfoud to review, receive and file the Treasurer's Report December 2003. Motion carried unanimously. VI CORRESONDENCE AND WRITTEN MATERIAL A. Informational Investment Presentation The following individuals were the representatives who made the informational investment presentations and answered questions from the Board and Staff: Presentations were made by Capital Guardian Trust Company, John Dewey and Michael Locke - 4:00 - 4:30 P.M., RNC Capital Management, Tim Dempsey - 4:30 - 5:00 P.M. General discussion and comments were made by the Board regarding the two informational presentations. Chairman Lewis suggested to the Board that they review the information presented and at the next scheduled meeting, and if so desired by the Board, possibly consider working this issue into the investment policy discussions. Chairman Lewis commented to the Board that this might not be a direction the City would want to take at this time, but possibly consider in the future. Board Member Deniel suggested to Staff that a three or four year projection of availability of cash for the portfolio be prepared. K 554 Investment Advisory Board Minutes February 11, 2004 For example, LAIF has an idea of funds not of immediate need and that are available for investments. Mr. Falconer advised the Board that this analysis is prepared by Staff when the portfolio is extended beyond a two year period. Board Member Deniel suggested that this analysis be updated and reviewed at the next scheduled meeting. General discussion ensued by the Board regarding the growth of the City, the growth of the portfolio and the management of the portfolio by the Treasurer. Noted and Filed B. Month End Cash Report — January 2004 Mr. Falconer advised the Board that in response to Board Member Moulin at the previous Investment Board meeting, on page 10 of the Month End Cash Report the budget salaries were based on three periods instead of two. Mr. Falconer informed the Board that 2003 was the best year for building permits. In response to Board Member Moulin, Mr. Falconer advised the Board that on page 10 of the Cash Report, listed under the column "underspent (overspent)," the negatives and positives were switched. Noted and Filed C. Pooled Money Investment Board Report — November 2003 General discussion ensued amongst the Board regarding the Pooled Money Investment Board Report. Noted and Filed D. California Municipal Treasurers Association Conference Chairman Lewis advised the Board of the upcoming California Municipal Treasurers Association Conference to be held in South Lake Tahoe in April, the Finance Director along with two board members are budgeted to attend. Additional information will be given at the next scheduled meeting. Noted and Filed 3 rJ�� Investment Advisory Board February 11, 2004 Minutes VII BOARD MEMBER ITEMS Board Member Deniel informed the board that she will not be in attendance at the next scheduled board meeting. VIII ADJOURNMENT MOTION - It was moved by Board Members Moulin/Olander to adjourn the meeting at 6:04 p.m. Motion carried unanimously. Sub itted , Vianka Orrantia Secretary 2 JJs Department Report: _ Ir A TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manage�qj)9 DATE: April 6, 2004 SUBJECT: Department Report — Response to Public Comments The following public comments were made at the March 16, 2004, City Council meeting: 1. Jack Fleck, 48-425 Via Solana, representing VFW Post 855, thanked Council for their support of the spaghetti dinner that benefits their Junior ROTC/California Cadet Corp Scholarship Program. He also thanked the Council for supporting Jacques Abels as the City's official delegate to the World War II Memorial dedication in Washington, D. C. • No Council action necessary. 2. Dr. Richard Farmer, Executive Director, Foundation for the Retarded, spoke regarding the designation of March as Mental Retardation Awareness Month, and thanked Council for their continued support of the Foundation. • No Council action necessary. 5 �57 DEPARTMENT REPORT: 3-A APRIL 6 CITY COUNCILS UPCOMING EVENTS CITY COUNCIL MEETING APRIL 7 SENIOR CENTER SENIOR SPORTS DAY - BRUNCH - AWARDS CEREMONY &00 A.M. -11:30 A.M. APRIL 10 ANNUAL EGG HUNT - LA QU I NTA COMMUNITY PARK 9:00 A.M. APRIL 15 SENIOR CENTER VOLUNTEER RECOGNITION LUNCHEON 11:30 A.M. - 2:00 P.M. APRIL 20 CITY COUNCIL MEETING APRIL 24 COMMUNITY PICNIC & BIRTHDAY - FRITZ BURNS PARK 10:00 A.M. MAY 4 CITY COUNCIL MEETING MAY 8 LA QUINTA FIRE STATION DEDICATION - 9:00 A.M. MAY 13 SENIOR CENTER HOE-DOWN LUNCHEOW DESSERT BAKE -OFF COMPETITION 11:30 A.M. -1:30 P.M. MAY 18 CITY COUNCIL MEETING 558 JUNE 1 CITY COUNCIL MEETING JUNE 15 CITY COUNCIL MEETING JUNE 17 SENIOR CENTER SALAD DAYS LUNCHEON 11:30 A.M. -1:30 P.M. �5 r April 2004. La Quinta City Council Monthly Planner 2 3 �i j� March May S M T W T F S S MTWT F S i, # 7 14 1 2 3 4 5 6 8 9 10 11 12 13 15 16 17 18 19 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 21 22 23 24 25 26 27 23 24 25 26 27 28 29 28 29 30 31 30 31 5 ; 6 7 8 9 10 4 2:00 PM City Council Meeting 10:00 AM ALRC 12:00 PM Energy/Envi- Sniff 7:00 PM Cultural Arts Daylight Savings Time Commission 9:00 AM Annual Egg Hunt - La Quinta Community Park 11 12 13 14 15 16 17 7:30 AM CVEP-Adolph 7:00 PM Mosquito 9:00 AM RCTC- 10:00 AM Pub. Sfty- Abate. -Perkins Henderson Perkins 7:00 PM Planning 5:30 PM Investment Easter 12:00 PM Transp-Perkins Commission Advisory Board 6:00 PM League - Henderson 7:00 PM Com. Serv. Comma 18 19 20 21 22 23 24 9:00 AM CVA-Henderson 9:00 AM LAFCO- 10:00 AM Community 2:00 PM City Council Henderson Picnic & Birthday - Fritz Meeting 3:00 PM Historic Preser- Burns Park vation Commission 25-2 26 7 28 29 30 •i = 6:00 PM CVAG-Exec 7:00 PM Planning 12:00 PM CVAG Human/ Com-Adolph Commission Conrn-Osborne� 12:00 PM Sunline-Adolph�I 4:00 PM DRRA Airp- Osborne!]( j3 ({{jji i ii•== ! i i Printed by Calendar Creator Plus on 4/1/2004 J 2 May .2004 La Quinta City Council Monthly Planner 3 4 5 2:00 PM City Council 10:00 AM ALRC Meeting 6 7 12:00 PM Mayors Lunch 1 9:00 AM - 4:00 PM SJSR Ntl. Mnmt-Henderson 6 Happy 21 st Birthday La Quinta 8 9:00 AM La Quinta Fire Station Dedication 9 10 11 12 - 13 14 15 7:30 AM CVEP-Adolph 7:00 PM Mosquito 9:00 AM RCTC- 9:30 AM Animal Campus- 10:00 AM Pub. Sfty- Abate. -Perkins Henderson Perkins Mother's Da y Perkins 12:00 PM Transp-Perkins 7.00 PM Planning Commission 5:30 PM Investment Advisory Board 12:00 PM Energy/Envi- Sniff 3:00 PM Mtns. Con -Sniff 6:00 PM League 7:00 PM Cultural Arts Henderson Commission 7:00 PM Com. Serv. Lea ue of California Cities Legislative Action Da s Comm. 16 17 18 19 20 21 22 9:00 AM CVA-Henderson 3:00 PM Historic Preser- 2:00 PM City Council vation Concession Meeting 23 24 25 26 27 7:00 PM Planning 12:00 PM CVAG Human/ 9:00 AM LAFCO- Commission Comm -Osborne Henderson 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Osborne COO June 29 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Printed by Calendar Creator Plus on 3/29/2004 ��i June 2004 La Quinta City Council Monthly Planner } i 1 2 3 4 5 ! May 2:00 PM City Council 10:00 AM ALRC S M T W T F S Meeting 2 3 1 4 5 6 7 8! { 9 10 16 17 11 12 13 14 15 18 19 20 21 22 !� Il,EII}IN �E i 23 24 25 26 27 28 29 (' 30 31 6 7 8 9 10 11 12 6:00 PM CVAG Exec. 7:00 PM Mosquito 9:00 AM RCTC- 12:00 PM Energy/Envi- Cmte-Adolph Abate. -Perkins Henderson Sniff (tentative) 7:00 PM Planning 5:30 PM Investment 7:00 PM Cultural Arts Compassion Advisory Board Commission 13 14 15 16 17 18 19 7:30 AM CVEP-Adolph 9:00 AM CVA-Henderson 3:00 PM Historic Preser- 10:00 AM Pub. Sfty- 2:00 PM City Council vation Commission Perkins Meeting 12:00 PM Transp-Perkins 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. Flag Day 20 21 22 23 24 25 26 7:00 PM Planning 12:00 PM CVAG Human/ 9:00 AM LAFCO- 46 Commission Comm -Osborne Henderson Father's Day 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Osborne 27 28 29 30 5:00 PM CVAG Exec. Ali July u {I{ { Cmte. - Adolph ! S M T W T F S 6:00 PM CVAG General 1 2 3 Assembly 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 i::•ie 1{I•{• ii i : I i °: i ! •i i Printed by Calendar Creator Plus on 3/29/2004 � ii� 3•i::=:= E•• li i• S: i ••i:i I i:e•: {: : '. k• {i:i•i _,_ DEPARTMENT REPORT: 510 V 4 IHc�e c� of9 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY Cru INCIL FROM: DODIE HORVITZ, COMMUNITY SERVICES DIRECT DATE: APRIL 6, 2004 SUBJECT: ANNUAL FRITZ BURNS PARK POOL REPORT SUBMITTED BY THE COACHELLA VALLEY RECREATION AND PARK DISTRICT Attached for your review is the 2003 Fritz Burns Park Pool Annual Report submitted by the Coachella Valley Recreation and Park District. The following information provides the number of participants as well as the revenue generated by the Fritz Burns Park Pool programs since the opening of the pool in 1998: Year Participants Revenue City Contribution Expenses CVRPD Contribution 1998 11,709 $15,924 $26,174 $65,570 $23,472 1999 12,983 $17,583 $26,720* $72,603 $28,300 2000 13,971 $23,890 $26,366** $75,211 $23,890 2001 14,545 $29,962 $33,312 * * * $75,525 $12,251 2002 18,539 $29,740 $20,358 $88,105 $38,007 2003 17,113 $37,205 $18,904 $77,270 $21,161 Average 14,810 $27,717 $25,306 $75,714 $24,513 *Includes $2,000 for additional hours during September and October to the contracted amount of $24,720. **Includes $3,100 for additional hours during September to the contracted amount of $23,266. * * * Includes $11, 500 City contribution for misting system and heat blanket to the contracted amount of $21,812. Should you have any questions regarding the annual report or the operation of the Fritz Burns Park Pool, please contact me. Attachment: 1. 2003 La Quinta Fritz Burns Park Pool Annual Report SACOMMUNITY SERVICES\CCREPORTS\CVRPD POOL REPORT 2003.DOC 563 ATTACHMENT 1 ,Ca � J cud 2VV3 ammwvwW4%ooj?epo&t &=hd& Vaie# `.fZecYeati" and 9'w& Di6ft" La Quinta Pool 2003 Annual Report HISTORY The City of La Quinta built the La Quinta Pool in the Fritz Burns Community Park in 1998. The pool opened May 28 of that year. The facility is owned by the City of La Quinta and operated by the Coachella Valley Recreation and Park District. This was the sixth season the pool was in operation FACILITY This facility includes; a wading pool, a lap pool, a men's and ladies' locker room, and a lifeguard office. The deck area features a shade structure with a misting system, and patio furniture. The lap pool covers 3,375 square feet, and the wading pool covers 600 square feet. The lap pool has a maximum capacity of 161 swimmers, and the wading pool has a maximum capacity of 60 swimmers. SEASONAL OPERATION The La Quinta Pool was open from April 12 to August 31 this year. The pool was open for the Fourth of July. PROGRAMS The Coachella Valley Recreation and Park District offered the following programs this year at the La Quinta Pool: Swim Lessons "Get Hooked On Swimming" Jr. Lifeguard Training Open Swim Private Pool Rentals Splash Parties Group Use PROGRAM DESCRIPTIONSS Swim Lessons- group lessons with class sizes between 4 and 15 for all ages. Each session ran two weeks, with 45 minute classes four days a week. Five sessions of swim lessons were offered this summer. 3 65 Swim Lesson Sessions: I June 16 thru June 26 II June 30 thru July 10 III July 14 thru July 24 IV July 28 thru August 7 V August 11 thru August 21 Class Descriptions: Water Babies: (6 months to 3 years) instructor works with parents and children on water adjustment and basic water safety. A uatots: (3 to 5 years old) water adjustment, safety skills, and basic swimming skills Advanced Aquatots: (3 to 5 years old) perfecting basic skills, introduction to swimming strokes Youth Learn to swim: (5 to 15 years old) a beginner class for those interested in learning to swim for the first time 960et hooked on Swinasnissg"- a six week pre -competitive program for youth ages 4 to 14 years old with an emphasis on improving swimming skills and striving for personal best. Swim meets were held on Friday's and the last meet was a pot luck awards ceremony. Jr. Wegaaard 21 raining — a four week program designed for ages 11 thru 14. Students were taught out of the American Red Cross Lifeguard Training book. Training included extensive swimming, water rescues, first aid, CPR, victim recognition, leadership and professionalism. Open Swizz- the pool was available from 12pm to 4pm and 7pm to 8:30pm Monday thru Friday and 12pm to 4pm Saturdays and Sundays. Private Rentals- the pool was available for rental Saturdays and Sundays between 4:3 0pm and 8 :3 0pm. Splash Parties- elementary schools were invited to hold their end of the year parties at the pool. Splash parties were offered for two weeks this year at the La Quinta Pool. Group Use- offers a discount on admission to groups who attend the pool on a regular basis. The fee is $.75 per child. 4 56-6 FOOL SCHEDULE Spring: April 12 thru June 13 Open Swim- Monday thru Friday 6:00pm to 8:00pm, Saturday and Sunday 12pm to4pm Summer: June 14 thru August 31 Swim Lessons- 1 Oam, 11 am, 5pm, and 6pm Open Swim- 12pm to 4pm and 7pm to 8:30pm Monday thru Friday and 12pm to 4pm Saturday and Sunday "Get Hooked on Swimming"- gam to loam Monday, Wednesday; and Friday Jr. Lifeguard Training- 9am to 1Oam Tuesday and Thursday Private Rentals- 4:30pm to 8:30pm Saturday and Sunday STAFFING MA=NTENANCE The Coachella Valley Recreation and Park District contracts the services of Anson Company for pool repairs year round, and upkeep when not in season.. Building repairs are done by CVRPD's maintenance staff year round. FEES Admission Children (17 years and under) $1.00 Seniors (55 years and older) $1.00 Adults (18 to 54 years) $2.00 Group Use Rate $0.75 Private Rentals 1-40 Attendees $60.00 per hour 41-60 Attendees $70.00 per hour 61-80 Attendees $80.00 per hour 81-100 Attendees $90.00 per hour Hourly rates increase by $5.00 if patron does not have a CVRPD Discount Card. 56" 5 SPLASH PARTY rates were $5.00 less per hour. These rates were not affected by CVRPD Discount Card. ATTENDANCE Swim Lesson Session 1 151 Swim Lesson Session II 115 Swim Lesson Session III 100 Swim Lesson Session IV 93 Swim Lesson Session V 79 Total Participation 538 "Get Hooked On Swimming" Jr, Lifeguard Training Private Pool Rentals SPLASH Parties Grand Total Daily Pool Visits 149646 SPLASH Parties 19807 Private Rentals 660 Total: 17,113 COMMENTS 40 participants 14 participants 14 bookings 18 bookings Out of the five public pools the Coachella Valley recreation and Park District operates, the La Quinta Pool has the second highest attendance. IMPROVEMENTS This year the Coachella Valley Recreation and Park District purchased two new Lifeguard stands for the pool staff. The District will continue to make improvements. Large scale projects will include both CVRPD and the City of La Quinta, each organization covering 50% of the cost. 5 (; 8 r N Q _A 75 0 0 0 0 0 � L M N eouspuand M O CV O 0 N O OO cc CO N O � to d' 'IT d' M M � � V- It- eouepueuv Ie401 4D Page 1 of Dodie Horvitz From: Sara Haas [sara@cvrpd.org] Sent: Wednesday, March 31, 2004 9:46 AM To: Dodie Horvitz La Quint.a Pool 2003 Revenue and Expenses Zevenue 20,381.65 Swim Lessons 173.05 Concessions 4,022.50 Pool Rentals 12,628.47 Open Swim Fees $37,205.67 Total expenses 42,897.00 Salaries 12744.29 Water 12,108.98 Electricity 70.00 Pest Control 10,900.00 Pool Maintenance Contract 7,667.89 Pool Chemicals 233.73 Safety Equipment 577.26 Program Supplies 746.60 Uniforms 324.31 Janitorial Supplies $ 77,270.06 Total $37,205.67 Revenue - $77,270.06 Expenses $40, 064.3.E TotalLoss 3/31/2004 57.1 9 � 5 ti OF COUNCIL/RDA MEETING DATE: April 6, 2004 ITEM TITLE: Public Hearing to Consider Adoption of Resolutions on: 1) Environmental Assessment 2004-499 to Certify a Mitigated Negative Declaration of Environmental Impact, and 2) Tentative Tract Map 32117 to Consider the Re - subdivision of ± 6.32 Acres into 13 Lots Within Tract 30651, Located West of Jefferson, South Of Quarry Lane. Applicant: Quarry Ranch L.L.C. RECOMMENDATION AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2004-499; and Adopt a Resolution of the City Council approving Tentative Tract Map 32117 to re - subdivide ± 6.32 acres into 13 single=family lots, subject to findings and Conditions of Approval. FISCAL IMPLICATIONS None. CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW The 6.32 acre site is vacant and has been mass graded. It is located west of Jefferson Street, south of Quarry Lane within the Quarry Ranch development (Attachment 1). 572 Tentative Tract 32117(Attachment 2) re -subdivides eight lots (lots 17-24) into 13 residential lots within the Quarry Ranch development, Tract 30651 (Attachment 3). Proposed residential lot sizes range in size from 16,085 to 29,295 square feet. All residential lots are proposed to have driveway access from a 33-foot wide internal cul-de-sac road, Quarry Ranch Road. The Quarry Ranch originally was approved by the City Council in 2002 for 28 single-family lots with ten holes of golf on approximately 74 acres as an addition to the Quarry golf course. All single-family homes will be custom. The additional golf holes have been completed and homes are under construction. "Voluntary Additional Conditions of Approval" were agreed upon by the applicant and the California Department of Fish and Game when the Quarry Ranch (Tract 30651) was originally approved by the City Council. The Quarry Ranch is in the essential Big Horn Sheep habitat, but not in critical Big Horn Sheep habitat. These conditions will diminish the impact of the loss of habitat. Although some conditions have been met, the "Voluntary Additional Conditions of Approval" listed under this Tract Resolution still apply to the original tract and to this proposed re - subdivision. A homeowners' association has been formed to maintain retention basins, common landscaped areas, private roads, and perimeter landscaping. Planning Commission Action The Planning Commission, at its March 9, 2004 meeting, unanimously recommended approval of Tentative Tract 32117 by adoption of Planning Commission Resolution 2004-019. At the public hearing, testimony was given by the developer. Excerpts of the minutes of the Planning Commission meeting are attached (Attachment 4). Public Notice The case was advertised in the Desert Sun newspaper on March 19, 2004. All property owners within 500 feet of the proposed project were mailed a copy of the public notice. FINDINGS AND ALTERNATIVES Findings necessary to approve the Environmental Assessment and Tentative Tract Map, can be made and are contained in the attached Resolutions. 1. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2004- 499; and 573 Adopt a Resolution of the City Council approving Tentative Tract Map 32117 to re -subdivide ± 6.32 acres into 13 single-family lots, subject to findings and Conditions of Approval; or 2. Do not adopt the Resolutions approving the project; or 3. Provide staff with alternative direction. Respectfully submitted, iermah unity Development Director Approved for submission by: 40 Thomas P. Genovese, City Manager Attachments: 1. Location Map 2. Tentative Tract Map 32117 3. Tract Map 30651 4. Excerpts from Planning Commission Minutes of March 9, 2004 J74 S:\CitvMor\STAFF REPORTS ONLY\4-6-04\PH 1 TT 32117.doc RESOLUTION 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR TENTATIVE TRACT MAP 32117 CASE NO.: ENVIRONMENTAL ASSESSMENT 2004-499 APPLICANT: QUARRY RANCH L. L. C. WHEREAS, the City Council of the City of La Quinta, California, did, on the 6th day of April, 2004, hold a duly -noticed Public Hearing to consider Environmental Assessment 2004-499 for Tentative Tract 32117 herein referred to as the "Project" for Quarry Ranch L. L. C. ; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did., on the 9th day of March, 2004, hold a duly -noticed Public Hearing to consider Environmental Assessment 2004-499 for Tentative Tract 32117 herein referred to as the "Project" for Quarry Ranch L. L. C. ; and, WHEREAS, said Project has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970"(as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 2004-499) to evaluate the potential for adverse environmental impacts; and, WHEREAS, the Community Development Director has determined that said Project could have a significant adverse effect on the environment unless mitigation measures are implemented, and that a Mitigated Negative Declaration of environmental impact could be filed; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts, findings, and reasons to justify recommending certification of said Environmental Assessment: 1. The Project will not be detrimental to the health, safety, or general welfare of the community, either indirectly or directly, in that appropriate mitigation measures have been imposed which will minimize project impacts. 2. The proposed Project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal P:\Reports - MCC RESO EA 2004-499.doc 7 � r ��4 City Council Resolution 2004- Environmental Assessment 2004-499 Quarry Ranch L.L.C. Adopted April 6, 2004 community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. 3. Considering the record as a whole, there is no evidence before the City that the proposed project will have potential for adverse effect on wildlife resources or the habitat on which the wildlife depends. 4. The proposed Project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals as no significant effects on environmental factors have been identified . 5. The proposed Project will not have environmental effects directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 6. The adopted Mitigation Monitoring Program (MMP) is attached hereto pursuant to Public Resources Code § 21081.6 in order to assure compliance during Project implementation. 7. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations §753.5(d). 8. There is no substantial evidence in light of the whole record, including EA 2004- 499 and the comments received thereon, that the project will have a significant impact upon the environment. 9. EA 2004-499 and the Mitigated Negative Declaration reflects the City's independent judgment and analysis. 10. The location and custodian of the record of proceedings relating to this project is the Community Development Department of the City of La Quinta, located at 78-495 Calle Tampico, La Quinta, California 92253. 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 for this Environmental Assessment. P:\REPORTS - MCC RESO EA 2004-499.DOC 0J 576 City Council Resolution 2004- Environmental Assessment 2004-499 Quarry Ranch L.L.C. Adopted April 6, 2004 2. That it does hereby certify a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2004-499 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum, on file in the Community Development Department and attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 6th day of April, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California � w PAREPORTS - MCC RESO EA 2004-499.DOC 5 7 t - 06 Environmental Checklist Form 1. Project title: 2. 3. 4. Lead agency name and address: Tentative Tract Map 32117 City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Contact person and phone number: Fred Baker 760-777-7125 Project location: North side of Quarry Ranch Road, west of Jefferson Street APN: 766-060- 001 5. Project sponsor's name and address: Quarry Ranch, LLC 1 Quarry Lane La Quinta, CA 92253 6. General plan designation: Low Density Residential 7. Zoning: Low Density Residential 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) The proposed Tentative Tract Map amends a previously reviewed, approved and recorded map (Tract 30651) which affected a larger area (75 acres) of the Quarry Ranch project. The area now under consideration totals 6.32 acres, located at the southern boundary of the Quarry project. The 6.32 acres currently being re -mapped was originally proposed to contain 8 residential lots. The proposed Tentative Tract Map would divide this same area into 13 single family residential lots. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Golf Course under construction South: Quarry Ranch Road, Low Density Residential lands West: Golf Course under construction East: Jefferson Street, Open Space lands 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Biological Resources Hazards & Hazardous Materials Mineral Resources Public Services Utilities / Service Systems Agriculture Resources Cultural Resources Hydrology / Water Quality Noise Recreation Air Quality Geology /Soils Land Use / Planning Population / Housing Transportation/Traffic Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the X environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. :( -47-27-� Sig a Date -2- Q 8 579 EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVH, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead -3- 5 SU agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a X scenic vista? (General Plan Exhibit 3.6) b) Substantially damage scenic resources, X including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Aerial photograph) c) Substantially degrade the existing X visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial X light or glare which would adversely affect day or nighttime views in the area? (Application materials) I. a)-d) The proposed project is not located on a General Plan Image Corridor. The property has been rough -graded and does not include any natural features. The ultimate construction of single family homes on the site will result in a slight increase in light generation, primarily from car headlights and landscape lighting. The City regulates lighting levels, and impacts will not be significant. Impacts to aesthetics overall are expected to be less than significant. C81 -4- 10 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact II. AGRICULTURE RESOURCES: Would the ro'ect: a) Convert Prime Farmland, Unique X Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (General Plan EIR p. III-21 ff.) X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing X environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (General Plan Land Use Map) H. a)-c) The proposed project is not currently in agriculture, nor are there Williamson Act contracts on the subject property. Development of the site will not impact agricultural resources. 582 -5- 11 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact III. AIR QUALITY: Would the project: a) Conflict with or obstruct X implementation of the applicable air quality plan? (SCAQMD CEQA Handbook) b) Violate any air quality standard or X contribute substantially to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a cumulatively considerable X net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook, 2002 PM10 Plan for the Coachella Valley) d) Expose sensitive receptors to X substantial pollutant concentrations? (Project Description, Aerial Photo, site inspection) e) Create objectionable odors affecting a X substantial number of people? (Project Description, Aerial Photo, site inspection) III. a), b) & c) Air quality in the City is primarily affected by vehicle traffic. The proposed tract map could result in 13 single family homes, which could generate up to 124 trips per day'. Based on this traffic generation, and an average trip length of 6 miles, the following emissions can be expected to be generated from the project site. "Trip Generation, Oh Edition," Institute of Transportation Engineers, Single Family Detached category. pp -6- av3 12 Moving Exhaust Emission Projections at Project Buildout (pounds per day) Ave. Trip Total Total No. Vehicle Trips/Day Length (miles) miles/day 124 x 6 = 744 PM10 PM10 PM10 Pollutant ROC CO NOX Exhaust Tire Wear Brake Wear Grams at 50 mph 66.96 1,740.96 357.12 - 7.44 7.44 Pounds at 50 mph 0.15 3.84 0.79 - 0.02 0.02 SCAQMD Threshold (lbs./day) 75 550 100 150 Assumes 124 ADT. Based on California Air Resources Board's EMFAC7G Emissions Model. Assumes Year 2005 summertime running conditions at 75°F, light duty autos, catalytic. As demonstrated above, the proposed project will not exceed any of SCAQMD's recommended daily thresholds. The proposed tract map will contribute only marginally more air pollution than the levels expected under the previous approval, since the increase in lots represents only a 62% increase in density. The City and Coachella Valley are a severe non -attainment area for PM10 (Particulates of 10 microns or less). The Valley's 2002 PM10 Plan adopted much stricter measures for the control of dust both during the construction process and during project operations. These measures will be integrated into conditions of approval for the proposed project. These include the following control measures. CONTROL MEASURE TITLE & CONTROL METHOD BCM-1 Further Control of Emissions from Construction Activities: Watering, chemical stabilization, wind fencing, revegetation, track -out control BCM-2 Disturbed Vacant Lands: Chemical stabilization, wind fencing, access restriction, revegetation BCM-3 Unpaved Roads and Unpaved Parking Lots: Paving, chemical stabilization, access restriction, revegetation BCM-4 Paved Road Dust: Minimal track -out, stabilization of unpaved road shoulders, clean streets maintenance The proposed project will generate dust during construction. Under mass grading conditions, this could result in the generation of 166.85 pounds per day, for a limited period while precise grading operations are active. The bulk of the grading has already occurred. The contractor will be required to submit a PM10 Management Plan prior to initiation of precise grading. In addition, the potential impacts associated with PM10 can be mitigated by the measures below. 1. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 2. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. 3. Construction personnel shall be informed of ride sharing and transit opportunities. 4. Imported fill shall be adequately watered prior to transport, covered during transport, and watered prior to unloading on the project site. 5. Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 6. Watering of the site or other soil stabilization method shall be employed on an on- going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 7. Any area which remains undeveloped for a period of more than 30 days shall be stabilized using either chemical stabilizers or a desert wildflower mix hydroseed on the affected portion of the site. 8. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. 9. SCAQMD Rule 403 shall be adhered to, insuring the clean-up of construction - related dirt on approach routes to the site. 10. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour 11. The project proponent shall notify the City and SCAQMD of the start and end of grading activities in conformance and within the time frames established in the 2002 PM10 Management Plan. Implementation of these mitigation measures will ensure that impacts associated with PM10 are mitigated to a less than significant level. III. d) & e) The project will consist of single family homes and will not result in objectionable odors, nor will it expose residents to concentrations of pollutants. -8- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would theproject: a) Have a substantial adverse effect, X either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? ("General Biological Assessment Quarry Ranch," VHBC, Inc., June 2002) b) Have a substantial adverse effect on X any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? ("General Biological Assessment Quarry Ranch," VHBC, Inc., June 2002) c) Have a substantial adverse effect on X federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? ("General Biological Assessment Quarry Ranch," VHBC, Inc., June 2002,) d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? ("General Biological Assessment Quarry Ranch," VHBC, Inc., June 2002,) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? ("General Biological Assessment Quarry Ranch," VHBC, Inc., June 2002) -9- 15 '86 f) Conflict with the provisions of an X adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? ("General Biological Assessment Quarry Ranch," VHBC, Inc., June 2002) IV. a)-f) A biological resource analysis was prepared for the proposed project as part of the review of Tentative Tract Map 3065 12 . The assessment found that although the project occurs in the potential habitat area for several species of concern, the habitat on the project site has been degraded by off -road vehicle use and illegal dumping, and these species are not expected to occur on the site. The proposed project site has been graded as part of the construction on Tract 30651 since the preparation of the biological resource report, and is not expected to be habitat for any species at this time. The site does not contain any wetlands or riparian habitat, nor is it a wildlife corridor. The site is not within the boundaries of the fee area of the Fringe -toed Lizard Habitat Conservation Plan. 2 "General Biological Assessment Quarry Ranch," prepared by VHBC, Inc., July 24, 2002. 5 8'7 -10- is Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would the ro'ect: a) Cause a substantial adverse change in X the significance of a historical resource as defined in ' 15064.5? ("Phase I Cultural Resources Assessment..." Keith Co., June 2002) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to '15064.5? ("Phase I Cultural Resources Assessment..." Keith Co., June 2002) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? (General Plan Exhibit 6.8) d) Disturb any human remains, including X those interred outside of formal cemeteries? ("Phase I Cultural Resources Assessment..." Keith Co., June 2002) V. a)-d) A Phase I cultural resources survey was completed for the proposed project as part of the review of Tentative Tract Map 306513. The survey found no historic structure on the site, but did identify a historic trash dump. The survey also identified a prehistoric site, in the form of sherd scatter. The Phase I study made recommendations for mitigation measures which were confirmed by the Historic Preservation Commission, as follows: 1. An archaeologist shall be present on and off site during all grubbing and earth moving activities. The archaeologist shall be required to submit to the Community Development Department, for review and approval, a written report on all activities on the site prior to occupancy of the first building on the site. The Phase I study also identified the need for a Phase II study on the trash dump area, which was completed as part of the recordation process for the original map. This previous mitigation measure has therefore been satisfied. 3 "A Phase I Cultural Resources Inventory for the Quarry Ranch Development," prepared by the Keith Companies, 588 June 12, 2002. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to X potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, X as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault (MEA Exhibit 6.2) ii) Strong seismic ground shaking? X ("Geotechnical Investigation..." Sladden Engineering, July 2002) iii) Seismic -related ground failure, X including liquefaction? (General Plan Exhibit 8.2) iv) Landslides? (General Plan Exhibit 8.3) X b) Result in substantial soil erosion or X the loss of topsoil? (General Plan Exhibit 8.4) d) Be located on expansive soil, as X defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property ("Geotechnical Investigation..." Sladden Engineering, July 2002) e) Have soils incapable of adequately X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? ("Geotechnical Investigation..." Sladden Engineering, July 2002) VI. a)-e) A geotechnical analysis was completed for the project site as part of the review of Tentative Tract Map 3065 14 . The project site lies in a Zone III groundshaking zone. The site is not located within an Alquist Priolo Study Zone. The property, as with the rest of the City, will be subject to significant ground movement in the event of a major "Geotechnical Investigation Proposed Short Course Development The Quarry...," prepared by Sladden Engineering, July 31, 2002. -12- 589 19 earthquake. Structures on the site will be required to meet the City's and the State's standards for construction, which include Uniform Building Code requirements for seismic zones. These requirement will ensure that impacts from ground shaking are reduced to a less than significant level. The site is not located in a blowsand hazard area, and will therefore not be subject to significant soil erosion from wind. The site is subject to flooding erosion, however. The project proponent will be required to secure approval from the Coachella Valley Water District for all flood control plans on the site. These plans will be required to include control of soil erosion. Please also see hydrology discussion below. The geotechnical analysis found that the soils on the site are not expansive, and that they will support the development proposed by the project proponent. -13- I,-,- 90 19 Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would the roject: a) Create a significant hazard to the X public or the environment through the routine transport, use, or disposal of hazardous materials? (Application materials) b) Create a significant hazard to the X public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (Application materials) c) Emit hazardous emissions or handle X hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application materials) d) Be located on a site which is included X on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Riverside County Hazardous Materials Listing) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or X physically interfere with an adopted emergency response plan or emergency evacuation plan? (General Plan MEA p. 95 ff) )91 -14- d o h) Expose people or structures to a X significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VII. a)-h) The construction of residential units on the proposed project site will not result in significant impacts associated with hazardous materials. The City implements the standards of the Household Hazardous Waste programs through its waste provider. These regulations and standards ensure that impacts to surrounding areas, or within the project itself, are less than significant. The site is not in an area subject to wildland fires. 592 -15- 21 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER UALITY -- Would theproject: a) Violate any water quality standards or X waste discharge requirements? (General Plan EIR p. III-187 ff.) b) Substantially deplete groundwater X supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (General Plan EIR p. III-187 ff.) c) Substantially alter the existing X drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? (Hydrology... and Drainage Concept Study, Tettemer and Assoc., July 2002) d) Substantially alter the existing X drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (Hydrology... and Drainage Concept Study, Tettemer and Assoc., July 2002) e) Create or contribute runoff water X which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (Hydrology... and Drainage Concept Study, Tettemer and Assoc., July 2002) f) Place housing within a 100-year flood X -16- 0'93 22 hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Hydrology... and Drainage Concept Study, Tettemer and Assoc., July 2002) g) Place within a 100-year flood hazard X area structures which would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.6) VIII. a) — d)) The proposed project will be responsible for the drainage of on and off site flows tributary to the Bureau of Reclamation Dike No. 2. Siltation and debris were identified as issues in this area, due to its proximity to the Coral Reef Mountains. The proposed project will tie into the proposed improvements for Tentative Tract Map 30651, which include an earthen ditch with flood wall at the southwest corner of the adjacent tract, another along the southern boundary of the site, and a -trapezoidal channel within the Jefferson Street right of way. CVWD required the preparation of a hydraulics, hydrology and drainage study for Tentative Tract Map 30651, to address flood control issues throughout the site. CVWD is still reviewing the re -submitted materials at this writing, but has indicated that the proposed improvements, with some modifications, will reduce the impacts associated with drainage and flood control on the site to less than significant levels. In order to assure that this is the case, the following mitigation measure shall be implemented: 1. The project proponent shall secure approval of all flood control improvements from the Coachella Valley Water District prior to any earth moving activity at the site. The Coachella Valley Water District provides domestic water to the subject property. The 13 homes will be required to implement the City's standards for water conserving plumbing fixtures and on -site retention, which both aid in reducing the potential impacts to groundwater. The proposed project will also meet the requirements of the City's water - conserving landscaping ordinance. These standards will reduce potential impacts to a less than significant level. VIR. e)-g) The site is not.located in a flood zone as designated by FEMA. 594 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established X community? (Aerial photo) b) Conflict with any applicable land use X plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (General Plan Land Use Element) c) Conflict with any applicable habitat X conservation plan or natural community conservation plan? (Master Environmental Assessment p. 74 ff.) IX. a)-c) The proposed Tract Map conforms to the General Plan designation assigned to the site. The construction of the homes will comply with the City's Development Code. The development of housing on this property represents a continuation of the urbanizing pattern experienced in this area of the City. The site is not within the boundaries of the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan fee area. 595 -18- 24 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a X known mineral resource that would be of value to the region and the residents of the state? (Master Environmental Assessment p. 71 ff.) b) Result in the loss of availability of a X locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment p. 71 ff.) X. a) & b) The proposed project site is within the MRZ-2 Zone, and is therefore not considered to have potential for mineral resources. �� -19- 25. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE Would the project result in: a) Exposure of persons to or generation X of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (General Plan EIR p. III- 144 ff.) b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? (General Plan EIR p. III-144 ff.) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? (General Plan EIR p. III-144 ff.) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without.the project? (General Plan EIR p. III- 144 ff.) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) XI. a)-f) The project site is not located in an area of the City subject to high traffic noise levels. The location of single family homes on the site will not generate significant noise levels. The impacts associated with long term noise are not expected to be significant. The construction of the project will generate noise from construction equipment and activities. Existing homes occur to the west of the site. Homes are considered sensitive receptors to noise, and the construction at the site could have a negative impact. In order 597 -20- 26 to reduce these potential impacts, the following mitigation measures shall be implemented: 1. All internal combustion equipment operating within 500 feet of any occupied residential unit shall be fitted with properly operating mufflers and air intake silencers. 2. All stationary construction equipment (e.g. generators and compressors) shall be located as far away from existing homes as possible. 3. Construction activities shall be limited to the hours prescribed in the La Quinta Municipal Code. The project site is not within the vicinity of an airport or airstrip. Impacts associated with noise on or near the project site are not expected to be significant. NE 598 2'7 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING — Would the project: a) Induce substantial population growth X in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, p. 9 ff., application materials) b) Displace substantial numbers of X existing housing, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) c) Displace substantial numbers of X people, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) XII. a)-c) The proposed project is consistent with the General Plan land use designation for the property, and is in an area designated for low and medium density residential land uses. The project will not induce growth or displace an existing community. a 9 9 -22- ? 8 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 57) X Police protection? (General Plan MEA, p. 57) X Schools? (General Plan MEA, p. 52 ff.) X Parks? (General Plan; Recreation and Parks X Master Plan) Other public facilities? (General Plan MEA, X p. 46 ff.) XIII. a) Buildout of the site will have a less than significant impact on public services. The proposed project will be served by the County Sheriff and Fire Department, under City contract. Buildout of the proposed project will generate property tax which will offset the costs of added police and fire services, as well as the costs of general government. The project will be required to pay the mandated school fees in place at the time of issuance of building permits. The project will be located within an existing country club, which will offset the need for other recreational facilities in the City. -23- 99 ow Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV . RECREATION -- a) Would the project increase the use of X existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application materials) b) Does the project include recreational X facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application materials) XIV. a) & b) The construction of 13 residential units will not significantly impact the need for parks in the City. As previously stated, the project's location within an established country club will also lower the need for additional recreational facilities. 601 -24- 30 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is X substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan EIR p. III-29 ff.) b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (General Plan EIR p. III-29 ff.) c) Result in a change in air traffic X patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (No air traffic involved in project) d) Substantially increase hazards due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Tentative Tract Map 31816) e) Result in inadequate emergency X access? (Tentative Tract Map 31816) f) Result in inadequate parking capacity? X (Tentative Tract Map 31816) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description) XV. a)-g) The proposed project will generate up to 124 daily trips. The proposed project is consistent with the land use densities analysed in the General Plan and its EIR. Traffic levels in the area of the proposed project are expected to be at acceptable levels at buildout of the General Plan. The site does not include unsafe curves or other features. Impacts associated with the buildout of the project site are expected to be less than significant. -25- 6 L § 1 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) b) Require or result in the construction of X new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) c) Require or result in the construction of X new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) d) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 58 ff.) e) Result in a determination by the X wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project=s projected demand in addition to the provider=s existing commitments? (General Plan MEA, p. 58 ff.) f) Be served by a landfill with sufficient X permitted capacity to accommodate the project=s solid waste disposal needs? (General Plan MEA, p. 58 ff.) g) Comply with federal, state, and local X statutes and regulations related to solid waste? (General Plan MEA, p. 58 ff.) XVI. a)-g) Utilities are available at the project site. The service providers for water, sewer, electricity and other utilities have facilities in the immediate vicinity of the site, and will collect -26- 3 u 3 of connection and usage fees to balance for the cost of providing services. The construction of the proposed project is expected to have less than significant impacts on utility providers. -27- 33 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to X achieve short-term, to the disadvantage of long-term environmental goals? b) Does the project have impacts that are X individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) The site has been rough graded. Prior to rough grading, the site was studied for biological resources, and found to be unsuitable due to high levels of disturbance. No impacts to biological resources are expected. The site has been reviewed for cultural resources. Mitigation measures are included in this document to lower impacts to a less than significant level. XVII. b) The proposed project supports the long term goals of the General Plan by providing a variety of housing opportunities for City residents. XVII. c) The construction of 13 residential within an existing country club will result in lower densities on this site, will not have considerable cumulative impacts and is consistent with the General Plan designation on the property. -28- 34 605 XVII. d) The proposed project has the potential to adversely affect human beings, due to air quality and noise impacts. Since the Coachella Valley is in a non -attainment area for PM10, and the site will generate PM10, which can cause negative health effects, Section III), above, includes a number of mitigation measures to reduce the potential impacts on air quality. Noise impacts associated with the construction activities on the site have been mitigated above to less than significant levels. XVIII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. Environmental Assessments 2002-452 and 2002-454 were both used in preparing this report. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. Not applicable. -29- 0 4-0 b CIS a b W g �o z o a o � H � O WV o0 WV� 04a4. �04 v �aati� i I i I I � N M CIS E-+ IS .. F � Poo et a t H A U p�q zA a� OU F b a Q• as a a 0 a4 � o G7 •° 0 • 4--A •° r j p rAONOUV" -1 � :g bA F V CC V� V • , 0 rA U U • �.•+ CIS ••d a .� .14 O � •� j O vi p ao cA ao aA wz o a 4 >~ 04 a b� V V U GA U A GQ GQ G�1 z cd O o � AG 0 � •�' 'b � 3 'b � o 0 � � u PLO CY 3 ;n o N acd E t� 7 36 F A z� 0 a U OV U w� F � U U � z F � A a 0 Wz v� F a ap A � U � F � 0 tow aww °b A 'd CIO F A za �w OV a �U z� F � O O a wo w� o zO A UA 0 2- o � w � Zo °a a U v� U Ewy A za �w OV a 00 U as a a •U 0.0 U H co U U U A A A A A A O w c� as b b b z a b o •� g o v� .d . ~ • b �' U U � � O O O 4 V, U o Cd 60 37 RESOLUTION 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 32117 TO ALLOW A13 LOT SINGLE-FAMILY RESIDENTIAL RE -SUBDIVISION ON APPROXIMATELY 6.32 ACRES CASE NO.: TENTATIVE TRACT 32117 APPLICANT: QUARRY RANCH L.L.C. WHEREAS, the City Council of the City of La Quinta, California, did on the 61h day of April, 2004, hold a duly noticed Public Hearing to consider the re - subdivision 6.32 acres into 13 single-family lots, generally located west of Jefferson Street alignment, south of Quarry Lane, more particularly described as: Tract 30551, lots 17-24 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 9th day of March, 2004, hold, a duly noticed Public Hearing and recommended approval to the City Council, the subdivision of the 6.32 acre site into 13 single-family lots, generally located west of Jefferson Street alignment, south of Quarry Lane; and WHEREAS, said Tentative 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 an Environmental Assessment was completed for this project. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Commission did make the following Mandatory Findings of approval to justify said Tentative Tract Map 32117: A. The proposed map is consistent with the City of La Quinta General Plan. The project is within a Low Density Residential (LDR) District per the provisions the 2002 General Plan Update. Tentative Tract 32117 is consistent with the goals, policies and intent of the La Quinta General Plan provided conditions contained herein are met to ensure consistency with the General Plan, and mitigation measures pursuant to Environmental Assessment 2004-499. The density and design standards for, the tract will comply with the Land Use Element of the General Plan. 6i 38 P:\Reports - MCC RESO TT 32117.doc City Council Resolution 2004- Tentative Tract Map 32117 Quarry Ranch L. L. C. Adopted: April 6, 2004 B. The design or improvement of the proposed subdivision is consistent with the La Quinta General Plan and the Subdivision Ordinance. All streets and improvements in the project conform to City standards. All on - site streets will be private. Access for the single-family lots will be provided from an internal loop street planned under Tentative Tract Map. C. The design of the subdivision, or the proposed improvements are not likely to cause substantial environmental damage, or substantially injure fish or wildlife, or their habitat. The subject site was previously mass graded. Therefore, this project will not cause substantial environmental damage or injury to fish or wildlife, or their habitat because mitigation measures will be implemented. D. The design of the subdivision, or type of improvements, are not likely to cause serious public health problems. The design of the subdivision, as conditionally approved, will not cause serious public health problems because they will install urban improvements based on City, State, and Federal requirements. E. The design of the subdivision, or type of improvements, will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision. The proposed streets are planned to provide direct access to each single family. All required public easements will provide access to the site or support necessary infrastructure improvements. F. The design of the lot, or type of improvements are not likely to cause serious public health problems in that the Fire Marshall, Sheriff's Department, and the City's Building and Safety Department have reviewed the proposal for public health conditions and the project as conditioned as appropriate. G. The design of the lot, or type of improvements, will not conflict with easements acquired by the public at large, for access through, or use of property within the proposed subdivision in that the proposed internal streets will be privately owned and maintained, and that there will be no publicly -owned improvements within the Tentative Tract Map. P:\Reports - CC\CC RESO TT 32117.doc City Council Resolution 2004- Tentative Tract Map 32117 Quarry Ranch L. L. C. Adopted: April 6, 2004 H. The design of the lots and grading improvements, including the pad elevation differentials within the tract bare an acceptable minimum in that the tract design preserves community acceptance and buyer satisfaction. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. Tha the above recitations are true and constitute the findings of the City Cou cil in this case. 2. That it does hereby approve Tentative Tract Map 32117 for the reasons set forth in this Resolution and subject to the attached conditions PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 6tn day of April, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 611 40 P:\Reports - CC\CC RESO TT 32117.doc CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 31910 JOHN MEGAY & ASSOCIATES ADOPTED: APRIL 6, 2004 . GENERAL 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"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). 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. 612 41 City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 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"). 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. 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. PROPERTY RIGHTS 5. 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 613 PAReports - Mcoa31910.rtf 2 42 City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 emergency services and for maintenance, construction and reconstruction of essential improvements. 6. 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. 7. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Monroe Street (Primary Arterial, Option A, 1 10' ROW) - The standard 55 feet from the centerline of Monroe Street for a total 110-foot ultimate developed right of way except for an additional right of way dedication at the primary entry of 67 feet from the centerline and a minimum 100 feet long plus a variable dedication of an additional 50 feet to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 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: A. PRIVATE STREETS 1. Private Residential Streets measured at gutter flow line shall have a 36-foot travel width. The travel width may be reduced to 32 feet with parking restricted to one side, and 28 feet if on - street parking is prohibited, and provided there is adequate off- street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. a4 P:\Reports - Mcoa31910.rtf 3 City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 B. CUL DE SACS 1) 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 as shown on the tentative map. C. KNUCKLE 1) 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 entry 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. Pursuant to this requirement, the applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement. 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 width with express 61 written approval of IID. UM P:\Reports - CC\coa31910.rtf 4 City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 13. The applicant shall create perimeter landscaping setbacks along all public right-of-ways as follows: A. Monroe Street (Primary Arterial) - 20-foot from the R/W-P/L. The listed setback depth shall be the average depth where a meandering wall design is approved. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 14. 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. 15. Direct vehicular access to Monroe Street is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 16. 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. 17. 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 18. 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 616 PAReports - Mcoa31910.rtf 5 45 City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 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. . 19. 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. 20. 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. 0 C. Off -Site Street/Signing & Striping Plan: 1 " = 40' Horizontal, 1 " = 4' Vertical The street improvement plans shall include permanent traffic control and separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. On -Site Street Plan: 1 " = 40' Horizontal, Vertical On -Site Rough Grading/Storm Drain Plans On -Site Precise Grading Plan: PAReports - Mcoa31910.rtf 1 if = 40' 1 if = 30' 1"= 4' Horizontal Horizontal 617 6 46 City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 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. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. 21. 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. 22. 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 23. 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. 618 P:\Reports - Mcoa31910.rtf 7 47 City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 24. 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. 25. 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. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 26. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. 619 P:\Reports - CC\coa31910.rtf 8 4 City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, as the City may require. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 27. 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 if x 11 if 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. 28. 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. PAReports - Mcoa31910.rtf 620 949 City Council Resolution 2004- Conditions Of Approval Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 GRADING 29. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 30. 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. 31. 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, 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. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. 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. 32. 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. fill P:\Reports - Mcoa31910.rtf 10 50 City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 33. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.6O.24O(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape 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) of the curb, 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 0.5") in the first eighteen inches (18") behind the curb. 34. 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. 35. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. Applicant shall revise the building pad elevations of lots 42 thru 51, and lot 54 as necessary to comply with this requirement. The retention basin concept shall also be revised to accommodate the revised drainage pattern. 36. The applicant shall minimize the differences in elevation between the adjoining properties and the hots within this development. 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. 37. Prior to any site grading or grading 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. 38. 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. 622 PAReports - Mcoa31910.rtf 11 51 City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 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. DRAINAGE 39. The applicant shall revise the proposed retention basins to comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97-03 and to accommodate the revised building pad elevations of lots 42 thru 51, and lot 54. More specifically, stormwater falling on site during the 100 year 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. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. 40. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise. 41. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leach field or equivalent system approved by the City Engineer. The sand filter and leach field shall be designed to contain surges of up to 3 gph/1,000 sq. ft. of landscape area, and infiltrate 5 gpd/1,000 sq. ft. 42. 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. 43. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 44. For on -site common retention basins, retention depth shall be according to Engineering Bulletin 97-03, and side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. For retention basins on individual lots, retention depth shall not exceed two feet. 6'3 PAReports - Mcoa31910.rtf 12 52 City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 45. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC. 46. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 47. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 48. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 49. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 50. The applicant shall consult with, and obtain clearances from, CVWD, in regard to the following identified Bureau of Reclamation (BOR) facilities, prior to issuance of any grading or building permits. • Lateral # 123.4-2.3 • Meter # 1913 • Tile Drainage System #427 51. 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. 52. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. 60 t P:\Reports - CC\coa31910.rtf 13 City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 53. 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. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 54. 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. 55. The applicant shall construct the following street improvements to conform with the General Plan. A. OFF -SITE STREETS 1) Monroe Street, Primary Arterial Option A - 1 10' 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 the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. 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: a) A deceleration/right turn only lane at Primary Entry if required by a traffic study prepared for the applicant per Engineering Bulletin #03-07. The north curb face shall be located fifty five feet (55') west of the centerline. PAReports - Mcoa31910.rtf 625 14 54 City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 Other required improvements in the Monroe Street right or 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. b) 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 either touches the back of curb or approaches within five feet of the 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 into the landscape setback lot and approach within 5 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 plus variable width as needed to accommodate full turn movements at the entry. d) A County of Riverside benchmark in the Monroe Street right of way established by a licensed surveyor. The applicant shall extend improvements beyond the subdivision 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). The applicant shall attempt to acquire necessary ROW for Monroe Street along the frontage of the property located at 57161 Monroe Street (APN 764-010-010 to connect the above required improvements Applicant shall bear the costs and responsibility for acquisition, design and construction of required Monroe Street improvements within the ROW along this additional frontage. The applicant shall coordinate this effort through the Public Works Department. The applicant is responsible for construction of all improvements mentioned above. P:\Reports - Mcoa31910.rtf 15 55 City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 B. PRIVATE STREETS 1) Construct full 36-foot wide travel width improvements measured gutter flow line to gutter flow line except for the Lot A entry drive. C. PRIVATE CUL DE SACS 1) 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. D. KNUCKLE 1) 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. 56. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic (minimum 60 feet from the curb face to the voice box); and shall provide for a full turn -around outlet for non -accepted vehicles. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around out onto the main street from the gated entry. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 57. 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: 647 P:\Reports - Mcoa31910.rtf 16 City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 Residential 3.0" a.c./4.5" c.a.b. Primary Arterial 4.5" a.c./6.0" c.a.b. 58. 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 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. 59. General access points and turning movements of traffic are limited to the following: Primary Entry (South portion of Tentative Tract Map on Monroe Street): Full turn movements are allowed. 60. 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. 61. 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 62. 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. 628 PAReports - Mcoa31910.rtf 17 51 City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 63. In conjunction with the preparation of on -site soil analysis, as required by the Building Department and City Engineer prior to issuance of building permits, the applicant's geologist shall also submit a liquefaction study which demonstrates the site's depth to groundwater, and includes mitigation measures if needed. LANDSCAPING 64. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 65. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 66. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 67. 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. 68. 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. 1 QUALITY ASSURANCE 69. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. P:\Repor ts - cc\coa31910.rtf 18 4 City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 70. 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. 71. 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. 72. 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 73. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 74. 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 75. 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. 76. 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). P:\Reports - Mcoa31910.rtf City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 COMMUNITY DEVELOPMENT 77. Revisions to the tentative map during plan check including, but not limited to, lot line alignments, easements, improvement plan revisions, and similar minor changes which do not alter the design (layout, street patter, etc.) may be administratively approved through the plan check process, with the mutual consent and approval of the Community Development and Public Works Directors. This shall include increase or decrease in number of lots meeting the general criteria above, but involving a change of no more than 5% of the total lot count of the Tentative Map as approved. Any revisions that would exceed the General Plan density standards, based on net area calculations, must be processed as an amended map, as set forth in Title 13, LQMC. 78. Prior to any non-agricultural ground disturbing activity on the site, and within 48 hours of the initiation of such activity, the project proponent shall cause the site to be surveyed by a qualified biologist for burrowing owls. Should the species be identified on site, passive relocation, in conformance with the biologist's recommendations and protocol in place at the time, will be completed prior to the initiation of any activity. The biologist shall submit a written report to the Community Development Department prior to issuance of any ground disturbing permit on the project site. 79. The site shall be monitored during on and off -site trenching and rough grading by qualified archaeological monitors. Proof of retention of monitors shall be given to the Community Development Department prior to issuance of first earth -moving or clearing permit, whichever occurs first. The monitor shall be empowered to stop or redirect activities, should resources be uncovered. A report of any findings, as well as appropriate curation of materials, shall be completed and submitted to the Community Development Department prior to issuance of building permits on the site. The final report on the monitoring shall be submitted to the Community Development Department prior to the final inspection of the project. 80. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first building permit for the property. Materials shall be accompanied by descriptive catalogue, field notes and 631 PAReports - CC\coa31910.rtf 20 60 City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 records, primary research data, and the original graphics. 81. On- and off -site monitoring in areas identified as likely to contain paleontological resources shall be conducted by a qualified paleontological monitor. The monitor shall be equipped to salvage fossils as they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The monitor shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Proof that a monitor has been retained shall be given to the City prior to issuance of the first earth -moving permit, of before any clearing of the site as begun. 82. Recovered specimens shall be prepared to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. 83. A report of findings with an appended itemized inventory of specimens shall be submitted to the City prior to the first occupancy of a residence being granted by the City. The report shall include pertinent discussions of the significance of all recovered resources where appropriate. The report and inventory, when submitted will signify completion of the program to mitigate impacts to pale ontological resources. 84. Collected resources and related reports, etc. shall be given to the City. Packaging of resources, reports, etc. shall comply with standards commonly used in the pale ontological industry. 85. Landscaping plans for the units shall comply with the City's Water Efficient Landscaping Ordinance for this project and as approved by the Planning Commission. Said landscaping plans shall include a complete irrigation system showing location and size of water lines, valves, clock timers, type of sprinklers, etc. Prior to the issuance of any building permits the landscape plans shall also be approved by the Coachella ValleyWater District before final approval by the Community Development Department. FIRE DEPARTMENT 86. Fire Department plan check is to run concurrent with the City plan check. Specific fire protection measures will be determined at the time of plan . check. PAReports - Mcoa31910.rtf 63e) 21 61 City Council Resolution 2004- Conditions Of Approval - Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 SHERIFF DEPARTMENT 87. Final conditions will be addressed when building plans are reviewed. Prior to issuance of a building permit, applicant shall review building plans with the Sheriff's Department regarding Vehicle Code requirements, defensible space, and other law enforcement and public safety concerns. All questions regarding the Sheriff's Department should be directed to the Deputy at (760) 863-8950. PAReports - Mcoa31910.rtf 633 22 62 ATTACHMENT #1 z 0 3 z z 0 0 W ce a LA QUINTA u- < W AVE 541. PGAWEST 21 LAKE CAHUILLA AVE 5 r-. QUARRY PROJECT/ j AVE 62 LOCATION l T N PROJECT LOCATION MAP All r M r 564 Ink jjo4—V 'INd Lt,:jvO: LO ti00Z/ZO/ZO '6mp*L L LZ�W11 90L5�57\,L L LZ� 'ON dVV4 lZ)Vdi\A9Ains\s6u'mO.Jp\90L�ECOt\C-Ot.4;., b � 1 b Q h 1-1 ku o IN lK b apt/ wo As tt � =L Ua -%/ ,� aou �L kit W �C 7h. w ----Z- //.4 I I / h ►� � ate � V /' \. W � L------------ �K�� W tL no .3 LLn Hogg" W Y \1 1� I�it le 1 1 11 a r� II II ► 1 11 � 11 p 1 1 uq 11 Planning Commission Minutes March 9, 2004 V. PUBLIC HEARINGS: A. Street Name Change 2003-015; a request of La Quinta olo Partners for consideration of a street name change from Beth Circl o Norris Drive for the street located west of Madison Street, south of Avenue 51 1. Staff informed the Commission the/oously cant had requested a continuance of the project. It waed and seconded by Commissioners Abels/Tyler to conStreet Name Change 2004-015, as recommended. Unanapproved. B. Street Name Change 2003-016; a reque t of ND La Quinta Partners for consideration of a street name cha a from Village Club Drive to Hideaway Club Drive and Village Club lace to Via Mirasol located within the Hideaway project on the east ide of Jefferson Street, north of Avenue 54. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the report a opy of which is on file in the Community Development Departm nt. 2. Chairman Kirk asked if there were any questions of staff. There being no questions f staff, Chairman Kirk asked if the applicant would like to add r s the Commissioner. The applicant stated he was available to swer any questions. 3. There bein/3-016, urther questions, and no other public comment, Chairman losed the public participation portion of the hearing. 4. It was movseconded by Commissioners Quill/Tyler to adopt Planning Cosion Resolution 2004-018 approving Street Name Change 20 as recommended. ROLL CALL: A ES: Commissioners Abels, Daniels, Quill, Tyler, and airman Kirk. NOES: None. ABSENT: None. BSTAIN: None. C. Environmental Assessment 2004-499 and Tentative Tract Map 32117; a �—' request of Quarry Ranch L.L.C. for consideration of certification of a Mitigated negative Declaration of environmental impact and the re- 637 subdivision of 6.32 acres into 13 residential lots for the property located 66 on the west side of Jefferson Street, south of Quarry Lane. r-X%A10ln(`C%Dr ne;.,,.+eeX'3_0_nn%Ain .4^^ 2 Planning Commission Minutes March 9, 2004 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information contained in the 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 Quarry Lane had been constructed. Staff stated it is still under construction. Commissioner Tyler asked that Page 51, #47 should be corrected to stated "all gaps". 3. Chairman Kirk asked if the applicant would like to address the Commission. Mr. John Shaw, representing the applicant, stated the road is rough graded and the curb is currently being laid. He supported the recommended conditions. 4. There being no questions of the applicant and no other public comment, Chairman Kirk closed the public participation portion of the hearing. 5. It was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2004-019, certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2004-499, as recommended: ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 6. It was moved and seconded by Commissioners Abels//Daniels to adopt Planning Commission Resolution 2004-020, approving Tentative Tract Map 32117, as amended: a. Condition #47: corrected to read: "All gaps..." ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. E. Village Use Permit 20 -021; a request of Coronel Enterprises for consideration of a request %si nstruct a two-story, 15,525 square foot office building on a .30 acr4Qcated at the southwest corner of Calle Tampico and Avenida Navarro. r_.��n�onn�c�or 3 ne;..�,+ov%'2_o_nAXnin A^^ 4 MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL 0,/ FROM: JERKY HERMAN, COMMUNITY DEVELOPMENT DIRECTOR DATE: APRIL 6, 2004 SUBJECT: PUBLIC HEARING NO. 1 - QUARRY RANCH L.L.C. Attached are the correct conditions of approval for the above -noted project. Please substitute these for the conditions that are attached to the report. 639 RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 32117 QUARRY RANCH L.L.C. APRIL 6, 2004 GENERAL 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"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). 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 clearances and/or permits if required from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands 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. Resolution No. 2004- \ Conditions of Approval - Recommended Tentative Tract 32117 Quarry Ranch, LLC April 6, 2004 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; the State Water Resources Control Board's Order No. 99-08-DWQ and the approved SWPPP for Tract 30651 if in affect at the time of construction. 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"). 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. 6111 Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract 32117 Quarry Ranch, LLC April 6, 2004 Page 3 F. The approved SWPPP and BMP's 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 a ten -foot wide public utility easement contiguous with, and along one side of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 8. 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. 9. 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. 10. 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. 642 Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract 32117 Quarry Ranch, LLC April 6, 2004 Page 4 FINAL MAPS 11. 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. 12. 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. 13. 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 Rough Grading Plan 1 " = 40' Horizontal B. On -Site Precise Grading Plan 1 " = 30' Horizontal 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. 643 Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract 32117 Quarry Ranch, LLC April 6, 2004 Page 5 "Rough Grading" plans shall normally include perimeter walls with Top of Wall & Top of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The "On -Site Precise Grading" plan is required to be submitted for approval by the Building Official and the Community Development Department. "On -Site Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, driveway approaches and ADA requirements. 14. 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. 15. 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 16. 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. Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract 32117 Quarry Ranch, LLC April 6, 2004 Page 6 17. 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. 18. 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. 19. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, as the City may require. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 20. 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. 6�J Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract 32117 Quarry Ranch, LLC April 6, 2004 Page 7 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 11 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. 21. 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. GRADING 22. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 23. 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. 24. 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, 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 6�s Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract 32117 Quarry Ranch, LLC April 6, 2004 Page 8 D. A Best Management Practices report prepared in accordance with Sections 8.10.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. 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. 25. 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. 26. 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. 27. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. 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. 28. 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. 647 Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract 32117 Quarry Ranch, LLC April 6, 2004 Page 9 29. 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. DRAINAGE 30. "Stormwater handling shall conform with the approved hydrology and drainage report for Tract No. 30651. Nuisance water shall be disposed of in an approved manner. UTILITIES 31. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 32. 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. 33. 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. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. 64$ Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract 32117 Quarry Ranch, LLC April 6, 2004 Page 10 STREET AND TRAFFIC IMPROVEMENTS 34. 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.. CONSTRUCTION 35. 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. QUALITY ASSURANCE 36. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 37. 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. 38. 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. 649 Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract 32117 Quarry Ranch, LLC April 6, 2004 Page 11 39. 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 40. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 41. 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 42. 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. VOLUNTARY ADDITIONAL CONDITIONS OF APPROVAL 43. The existing streambed located 300' west of lot 25 will not be altered in any way without prior consent of the Department of Fish and Game, the Fish and Wildlife Service, and the City of La Quinta. 44. Efforts shall be made to ensure that all pesticides, fungicides, herbicides and fertilizers used during the construction and operation of the Project Site will not be harmful to wildlife. E50 Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract 32117 Quarry Ranch, LLC April 6, 2004 Page 12 45. A construction plan shall be prepared and demonstrate, to the extent practicable, construction activities that emit excessive noise will be avoided adjacent to the hillside. In addition, during grading and construction activities any blasting or pile -driving near the hillside will not occur during the period from Jan. 1 through June 30th. 46. The landscape plan shall include only plants that are non -toxic to wildlife. All exotic plants such as tamarisk and fountain grass are prohibited. Existing trees may remain. 47. If Bighorn Sheep enter onto the Project Site, an 8-foot fence (or the functional equivalent) between the development and the hillside, if any, shall be constructed. All gaps should be 11 centimeters (4.3 inches) or less. If determined necessary, the developer shall construct temporary fencing while permanent fencing is constructed. The fence shall not contain gaps in which bighorn sheep can be entangled. If the developer transfer or disposes of any of the property adjacent to the hillside, the developer shall reserve an easement sufficient for the construction of fencing if needed in the future. 48. Dogs shall not be permitted to be loose within the project area, and shall be kept away from the hillside areas through appropriate signage and fencing, where applicable. 49. Access into the hillside area from the site will be discouraged through the use of signs or barricades, if necessary, unless the access is provided as part of a trail system that is approved by the USFWS and CDFG. 50. The final design of the project shall insure that road and driveways are designed to minimize headlight shine from vehicles onto the hillside. 51. In all areas adjacent to the hillsides, non -glare glass shall be used in new construction. Exterior building lights shall not shine on the hillside. Exterior lighting shall be kept at the safest possible minimum intensity and aimed away from the hillside. 52. The developer shall obtain a stream bed alteration agreement with the Department of Fish and Game prior to grading if required under the California Fish and Game Code. 651 to:/�/�T & � 4 cu OF9 COUNCIL/RDA MEETING DATE: April 6, 2004 ITEM TITLE: Public Hearing to Consider an Appeal of the Planning Commission Approval of Site Development Permit 2004-797, Condition No. 21.A.i.b Regarding a Deceleration Lane Requirement. Appellant: Dr. Matthew Werner RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Q. Uphold the Planning Commission decision of February 24, 2004, and deny the applicant's appeal. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Project Proposal On February 24, 2004, the Planning Commission granted approval of Site Development Permit 2004-797, to construct a 7,430 square foot office building. This proposed building is part of an approved Specific Plan (SP 2002-056) referred to as Lake La Quinta Plaza, featuring two office buildings totaling 16,042 square feet. It will be located on the southern portion of the site (Attachment 1). The first building (Phase 1) consisting of 8,700 square feet is completed and serves as offices to the Werner Family Medical and Windermere Real Estate. To the north and east of the building are paved parking areas, landscaping, and the Phase I building, completed in mid-2003. 6a" J 4V Appeal Request The applicant has presented an appeal to Condition #21.A.i.b., which requires that a deceleration lane be constructed along Washington Street, if warranted by a traffic study to be prepared at the applicant's cost (Attachment 2) . The applicant has based his appeal on the fact that the governing Specific Plan 2002-056 was approved prior to the implementation of the provisions of Engineering Bulletin #03-08 (Declaration Policy) , with the driveway entry as currently configured. The applicant further cites cost concerns, and a willingness to work with the City on an alternative approach to address the safety issues associated with the requirement (Attachment 3). Appeal Considerations The following points are offered for the City Council's consideration on this matter: • The approval of SDP 2004-797 permitted a new building and use that, while contemplated under the Specific Plan approval, constitutes a new application which is subject to any necessary requirements to improve the health, safety, and general welfare of the City's residents. The Specific Plan governs the development of the private use of the site, and any required public improvements due to the site's development over time can be exacted, as future development proposals for the private property are put forward. • Specific Plans do not constitute vested rights that preclude the City from adopting new safety measures after the specific plan is adopted. In the past, developers have acquired vested rights only if the developer entered into a development agreement with the City or by obtaining all necessary permits and approvals and commencing construction. Thus, with no vested rights to preclude the City from implementing policies that are deemed desirable and adopted by the City Council, staff included the deceleration lane study and improvement requirement in the conditions of approval for the subject site development permit. If the study reveals a need for a deceleration lane, the applicant is required to install a deceleration lane; likewise, if the study indicates no need for a deceleration lane, one will not be constructed. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Upholding the Planning Commission Decision of February 24, 2004 and deny the applicant's appeal; or 2. Accept the applicant's appeal request; or 3. Provide staff with alternative direction. G 6 5 3 Respectfully submitted, >-04� qy;L� --= 7erri Herm n Co unity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Site Location and Layout 2. Condition of Approval 21 .A.i.b — SDP 2004-797 3. Appeal Letter from Applicant Dated March 9, 2004 4. Minutes of February 24, 2004 Planning Commission Meeting NC $ C .A i- IE VICINITY MAP ATTACHMENT 1 P-1 ' -cam - ,9 ..--�uF- _ 20 I o NOD-37.00E Aft 64 128.75 ?si 93.38 L 6.8Zj t;83.86 , 60 PM Z27n7 �. PAR. 2 PAR. >>e 17 3 L _ PAR. I � �4 �4R SPAR. bN , 8 6 0 70,g6 1} .6 n N w1.08 AC M/L 88.07 ^ PAR. ^b�b�h PAR • 24 PAR. 6 b 30 25 � msol 41 17a.38 PAR.12 29 131.22 30 PAR.7 PAL 11 co I 23.22 � 28 � 16� PM 7 R 178.49 150 r. —jr PM 10210 1 PAR.7 � N m 7 ni I we 2.82 AC NT a r PARA SITE 1.61 AC NT / eT PARS 80 N r 1.00 AC NT in 30 30 + 8 8A w a � 200.83 Oho r aD yl O PARA *07 A �4 LOT DD a► 12 � 2.38AC �8z 4 PM 162/a3 PARA Q 4 3� ATTACHMENT 1 P.2 ra.�rrawWrraw aor�awaw�rrs►aNr+r.�rae.a.�v �arww�.r — rs�Nr�a.a.tis�rre�wr .tMw �r.anooaaa�Naa►arara,arro.w ��CT arwraaa.rra.�e �rae.w'rr. ORIIII, wo r.aa CE1�►LL ISO rBL r --� r� yi P � WS rr W=moamomaw.ouwo.00p�rYao��.roa.r� p M ' .ar.w ar■ip�rar�w�seras..awaa7 r 4dwoars E92L8 V3 V1N!! Vl a�ren�s.e�r.ers.ro.wrwaiwewwamr V 3LrS b d1 - 1�J << 3 O VL{MftLdY1M�9MMi1 �16IIR ■sNMnwrneava im u_ar•arwrrQw er as o bb -ego � xv� ®.s-ao r � tests ►a9+�►M e5z-n NOlJVi-6WM 0 t eOaB V7 Flo NM m � vairjro asm Neb 316 .:am 9/1=m11H=iiV H=Mnm J N)-0 z N. (L0�a" OF-�; p� d) d ,a- ILJ IL 0 >- 0 YWz F- W -L IA I � Li C7 0 05 � ATTACHMENT2 .• STREET AND TRAFFIC IMPROVEMENTS 21. The applicant shall construct the following street improvements as required by the City Engineer. A. OFF -SITE STREETS i. Washington Street (Major Arterial; 120' R/W ): No additional street improvements are required except at locations where additional street width is needed to accommodate: a) Bus turnout (if required by Sunline Transit) b) A deceleration/right turn only lane at the Primary Entry of 60 feet from the centerline and 100 feet long plus a variable transition of an additional 50 feet if a traffic study prepared for the applicant by a licensed traffic engineer requires a right turn only/deceleration lane per Engineering Bulletin # 03-08. ii. Caleo Bay (Local Road; 60' R/W ) : The applicant shall contribute fair share cost to re -stripe portions of Caleo Bay to accommodate the left turn lanes at the driveways. 22. The applicant may be required to configure existing parking facilities to conform to requirements of the LQMC Chapter 9.150 (Parking) and ADA requirements aforementioned in GRADING. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 23. General. access points and turning movements of traffic to off site public streets are limited to the access locations approved in Site Development Permit 2002-731. A. Washington Street - Right turn in and out movements are permitted. Left turn in and out movements are restricted. B. Caleo Bay - No turning restrictions. 06 WG Properties, LLC 1 Adria Circle Palm Desert, CA 92211 (760) 771-9437 FAX (760) 564-8581 March 9, 2004 City of La Quinta Planning Commission/City Council ATTACHMENT 3 w4 : AAR D L I - 3 COLK)'49 �g4" PIJichT Tt� DEPA A Subject: Appeal of Planning Commission Action Site Development Permit 2004-797, section 21;A;i;b To City Council, We would like to request an appeal related to the above permit. Specifically, we would like to request reconsideration of section 21;A;i;b, which requests a traffic study and construction of a right turn only/deceleration lane per Engineering Bulletin #03-08. Briefly, we received approval for the specific plan for our entire project, including both phase I and II buildings, in 2002. This plan was approved at that time and gave approval of the driveway that now exists without need for a deceleration lane. When we submitted the plans for the second building, we had less than one week notice of the above requirement prior to our planning commission meeting, so we were unable to discuss it at that time. After some research, we feel the cost of this improvement will be significant and represents an unfair burden upon us as a small business. We understand there may be public safety issues. To that end, we would like to explore with the city council a more equitable approach, especially since the lot immediately north of us has yet to be developed and will most likely share a common driveway. We will be in touch with the planning commission and city council in the next few weeks to provide more detail and would appreciate any assistance. Respectfully Matthew Werner, M.D. J� Managing Member WG Properties, LLC 07 ATTACHMENT Planning Commission Minutes February 24, 2004 C. Site Development Permit 2004-797; a request of . WG Properties for consideration of development plans for the construction of a 7,430 square foot office structure located on the west side of Caleo Bay in Lake La Quinta, north of the Omri & Boni Restaurant. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the 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 Quill asked why the extra six feet of width on Washington Street. Steve stated to be consistent with the General Plan as well as Council's policy on deceleration lanes. 3. Commissioner Tyler asked about the Architecture and Landscaping Review Committee recommendations. Staff stated the cobblestone was intended to be a hardscape area for those walking through the planter. The applicant was concerned that it not be identified as a walkway which would require the ADA requirements. Discussion followed regarding ADA requirements and the location of the walkway. 4. Commissioner Tyler asked about the parking requirements. Staff explained the parking requirements would be based on the tenants. The uses could be restricted if the use creates a greater demand on the parking than the number of parking spaces provided. 5. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Timothy Bunch, architect for the project, explained the building site and parking layout. 6. Chairman Kirk asked if anyone else wanted to speak on this project. Mr. Chuck Topalian, contractor for the project, explained the purpose of the cobblestone areas. 7. There being no further questions, and no other public comment, Chairman Kirk closed the public participation portion of the hearing. 8. Commissioner Tyler asked that Condition #2 where it references Coachella Valley Unified School District be changed to Desert Sands Unified School District. V G:\WPDOCS\PC Minutes\2-24-04WD.doc - 4 Planning Commission Minutes February 24, 2004 9. Commissioner Quill asked why California Water Quality Control Board was listed in the conditions. Staff stated NPDS rules are changing and any site over half acre has to have a water plan. Assistant City Attorney Michael Houston stated it is required for both new and currently existing construction depending on its size. 10. Commissioner Tyler asked that Condition #32 be amended to add rock work and delete cobblestone. Condition #35 seems to be subjective and not needed. 11. It was moved and seconded by Commissioners Tyler/Quill to adopt Planning Commission Resolution 2004-005, approving Site Development Permit 2004-797, as amended: a. Condition 2: Change CVUSD to DSUSD and add the following: if such clearances and/or permits are applicable." b. Condition #32: Change to "...incorporate rock work..." ROLL CALL: AYES: Commissioners Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioner Abels. ABSTAIN: None. D. Ivvironmental Assessment 2003-490 and Tentative Tract Map 31816; a req st of Mattco Construction for consideration of a recommendation to certify Mitigated Negative Declaration of environmental impact and a request t ubdivide ± 7.75 acres into 26 single-family lots located at the southwest c ner of Westward Ho Drive and Roadrunner Lane. 1. Chairman Ki opened the public hearing and asked for the staff report. Asso ' to Planner Wallace Nesbit presented the information contain in the report a copy of which is on file in the Community Developme Department. 2. Chairman Kirk asked if the were any questions of staff. Commissioner Daniels asked if del Lane was to be a public street. Staff stated yes. 3. Commissioner Tyler asked about the wa along Westward Ho Drive. Staff stated it was Condition #79. 660 G:\WPDOCS\PC Minutes\2-24-04WD.doc �5 09 4- 6-04; 1:04PM;Werner Gonzalez ;760 664 858i * 1/ 1 WG Properties, LLC 47-250 Washington Street, Suite A La Quinta, CA 92253 (760) 771-9437 FAX (760) 564-8581 April 6, 2003 Wallace Nesbit City of La Quinta Fax 777-1233 Wally, This letter is to request a two week continuance on our City Council appeal. We have been unable to get together all the supporting documentation we will require. Thank you. Sincerely, Matthew Werner f61 f COUNCIL/RDA MEETING DATE: April 6, 2004 ITEM TITLE: Public Hearing to Adopt Resolutions Certifying a Mitigated Negative Declaration for Environmental Assessment 2003-496 and Granting Approval of Tentative Tract 31910, a 132.-Lot Subdivision on ± 38.85 Acres, on the West Side of Monroe Street, ± 1 /4 Mile North of Avenue 58 Applicant: John Megay and Associates RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration for Environmental Assessment 2003-496, pursuant to the findings set forth in the attached Resolution; and Adopt a Resolution of the City Council approving Tentative Tract Map 31910, subject to the attached conditions. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Tentative Tract site (Attachment 1) consists of level terrain with no apparent constraints to residential use. The site is currently in agricultural use. A single-family residence in the northeastern quadrant of the property, with access on Monroe, under separate ownership, will remain, and is not part of the proposed Tentative Tract map. On the north and west sides of the property is the Village at the Palms Country Club, approved for 101 units and an existing golf course, with 38 units completed and 9 units under construction. To the southwest are the administrative offices and substation facilities of the Imperial Irrigation District. To the south is vacant land, currently approved for 97 lots on 37 acres (TT 30092). On the east side of the property is Monroe Street, with vacant agricultural uses beyond. The area across Monroe Street is not within the City limits, but is pre -designated by the City as Low Density Residential with Agricultural/Equestrian Overlay. The 10 acres of -Neighborhood Commercial across Monroe Street has also been pre -designated (Attachment 2). No prior development applications have been filed on this site. Project Proposal The applicant is requesting approval of a single-family detached home subdivision, on 38.85 acres, with 132 lots (Attachment 3). The lots will range in area from 8,003 to 14,016 square feet, with an average of about 8,770 square feet. The tract takes its only access at the southwest corner of the site, from Monroe Street. Retention facilities are located adjacent to this access, which will be gated. The tract is laid out in an offset grid pattern with a combination of cul-de-sacs and loop streets. An existing private well site is to be abandoned in favor of a new CVWD well site, to be located along Monroe Street. 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. Public Notice This case was advertised in the Desert .Sun newspaper on March 2, 2004. All property owners within 500-feet of the site were mailed a copy of the public hearing notice as required. To date, no responses to this notice have been received.. Any such correspondence received prior to the meeting will be transmitted to the City Council. A Notice of Intent to Adopt a Mitigated Negative Declaration was posted with the Riverside County Recorder's office on March 18, 2004, as required by Section 15072 of the California Environmental Quality Act statutes. Historic Preservation Commission On February 19, 2004, the City's Historic Preservation Commission (HPC) reviewed the property owner's Phase I Cultural Resources Assessment, prepared by Archaeological Advisory Group, along with the associated paleontological assessment (Attachment 3). These assessments found that no resources occurred, and that the site's agricultural use reduced the likelihood of such resources. However, it is likely that grading on the site 663 will uncover paleontologic and/or cultural resources. The study recommends, theteforeP 2 that mitigation measures be implemented, due to potential for buried resources, and the imported fill which has been placed on the project site which could obscure these resources. The HPC concurred with the report recommendation to monitor the site, and staff has incorporated those measures recommended by the HPC into the Conditions of Approval. Planning Commission Action On March 23, 2004, the Planning Commission adopted Resolutions 2004-023 and 2004- 024, recommending certification of the Environmental Assessment, and approval of the Tentative Tract Map, subject to findings and conditions as have been provided for in the attached City Council Resolutions. Discussion focused on the following concern: • Access to the existing house on Monroe Street from within the tract, as related to its future potential use and possible easement(s) into the proposed project. • Improvement of Monroe Street along the frontage of the existing residence. After discussion, Condition 61.A. was revised to require the applicant to attempt acquisition of the necessary ROW, to continue Monroe Street improvements along the frontage of the existing residence. The added language has been underlined. Minutes from the March 23, 2004 Planning Commission meeting are included as Attachment 4. It should be noted that certain conditions have been included in the resolution for the Council's consideration that were omitted from the adopted Planning Commission Resolution. Staff has incorporated these conditions as No.'s 56 and 69 in the approval conditions for City Council review, and recommends their inclusion. These pertain, respectively, to consultation with CVWD on specific facilities which the district has identified, and a required mitigation measure for a liquefaction study as part of the general soils reporting. These two conditions are underlined as well, to identify them as changes. FINDINGS AND ALTERNATIVES: Findings necessary to approve the various development applications can be made and are contained in the attached Resolutions. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration for Environmental Assessment 2003-496 according to the findings set forth in the attached Resolution; and Adopt a Resolution of the City Council approving Tentative Tract Map 31910, subject to the attached conditions; or 2. Do not adopt Resolutions of the City Council, certifying a Mitigated Negative Declaration, and approving the Tentative Tract Map; or 3. Provide staff with alternative direction. Respectfully submitted, 7 J rrVermoo Comevelopment Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Location Map 2. Surrounding Zoning 3. Proposed TT 31816 4. Minutes of Planning Commission meeting of 3/23/04 04 665 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2003-496, FOR TENTATIVE TRACT MAP 31910 CASE NO. EA 2003-496 APPLICANT: JOHN MEGAY & ASSOCIATES WHEREAS, the City Council of the City of La Quinta, California, did on the 6th day of April, 2004, hold a duly noticed Public Hearing to consider the request of John Megay & Associates, for certification of Environmental Assessment 2003- 496, prepared for Tentative Tract 31910, located on the west side of Monroe Street, A mile north of Avenue 58, more particularly described as: PORTION OF THE NE A OF THE S/E '/4 OF SECTION 22, T6S, R6E - S.B.B.M WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23d day of March, 2004, hold a duly noticed Public Hearing to consider adoption of a recommendation on Environmental Assessment 2003-496, prepared for Tentative Tract 31910; and, WHEREAS, said Environmental Assessment complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended, City Council Resolution 83-63, in that the Community Development Director has conducted an Initial Study (Environmental Assessment 2003-496) and has determined that, while the proposed Tentative Tract 31910 could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent, and that a Mitigated Negative Declaration of Environmental Impact should be filed; and, WHEREAS, at said. public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, the La Quinta City Council did make the following findings to justify their decision to certify said Environmental Assessment: 1. The proposed Tentative Tract 31910 will not have the potential to degrade the quality of the environment, as the project in question will not be developed in any manner inconsistent with the General Plan and other current City standards when considering the required mitigation measures to be imposed. The project 05 666 City Council Resolution 2004- Environmental Assessment 2003-406 John Megay & Associates Adopted: April 6, 2004 will not have the potential to substantially reduce or cause the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. 2. There is no evidence before the city that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. The site does not contain any wetlands or riparian habitat, nor is it a wildlife corridor. The site is outside the boundaries of the fee area of the Fringe -toed Lizard Habitat Conservation Plan. The site's agricultural land uses lend themselves to potential habitat for the burrowing owl; however, no burrowing owls were identified. 3. The proposed Tentative Tract 31910 will not have the potential to achieve short term goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. 4. The proposed Tentative Tract 31910 will not have impacts which are individually limited but cumulatively considerable when considering planned or proposed development in the immediate vicinity, in that development activity in the area has been previously analyzed as part of the project approval process. Cumulative project impacts have been considered and mitigation measures proposed. in conjunction with approval of those projects, and development patterns in the area will not be significantly affected by the proposed project. 5. The proposed Tentative Tract 31910 will not have environmental effects that will adversely affect humans, either directly or indirectly, as the project contemplates land uses that are substantially similar to those already assessed under ultimate development of the La Quinta General Plan. No significant impacts have been identified which would affect human health, risk potential or public services. 6. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 7. The City Council has considered Environmental Assessment 2003-496 and determined that it reflects the independent judgment of the City. 06 667 City Council Resolution 2004- Environmental Assessment 2003-406 John Megay & Associates Adopted: April 6, 2004 8. The City has, on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 9. The location and custodian of the City's records relating to this project is the Community Development Department, located at 78-495 Calle Tampico, La Quinta, California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of City Council in this case; and 2. That is does hereby certify Environmental Assessment 2003-496, for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum, attached hereto, and on file in the Community Development Department. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 6th day of April, 2004, 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 0'7 668 City Council Resolution 2004- Environmental Assessment 2003-406 John Megay & Associates Adopted: April 6, 2004 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta ccresoeaMegay 1. Project title: pi 3. 4. Environmental Checklist Form Environmental Assessment 2003-496 Lead agency riame and address: Tentative Tract Map 31910 City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Contact person and phone number: Wally Nesbit 760-777-7125 Project location: West side of Monroe Street, 1/a mile north of Avenue 58 - APN: 764-010-008 & 009 5. Project sponsor's name and address: John Megay & Associates 78661 Avenue 42, Suite B Bermuda Dunes, CA 92201 6. General plan designation: Low Density Residential 7. Zoning: Low Density Residential 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) The proposed Tentative Tract Map will subdivide 38.85 acres into 132 single family residential lots, as well as lettered lots for streets and retention basins. A recreation lot and a CVWD well site are also included in the proposed map. Streets are proposed to be private, and the subdivision is proposed to be gated. The site is currently in agriculture. A single family residence in the northeastern quadrant of the property, with access on Monroe, will remain, and is not part of the proposed Tentative Tract map. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Golf Course and Agriculture (Golf, Low Density Residential) South: Vacant, previously cultivated, electric substation (Low Density Residential) West: Golf Course (Golf, Low Density Residential) East: Monroe Street, Agriculture beyond (Low Density Residential with Agricultural/Equestrian Overlay) 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District C 9 6 70 -1- ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Biological Resources Hazards & Hazardous Materials Mineral Resources Public Services Utilities / Service Systems Agriculture Resources Cultural Resources Hydrology / Water Quality Noise Recreation Air Quality Geology /Soils Land Use / Planning Population / Housing Transportation/Traffic Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the X environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL I VIPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. . & , ALI-*�, March 11, 2004 F ►� 1 Signature Date -2- 0 EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the -one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or 6 7 2 individuals contacted should be cited in the discussion. . -3- JL �. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a X scenic vista? (General Plan Exhibit 3.6) b) Substantially damage scenic resources, X including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Aerial photograph) c) Substantially degrade the existing X visual character or quality of the site and its surroundings? (Application materials) d) Create anew source of substantial X light or glare which would adversely affect day or nighttime views in the area? (Application materials) I. a)-d) The proposed project is not located on a General Plan Image Corridor. The site is bordered on two sides by golf course and residential development. The ultimate construction of homes on the site will result in single and/or two story residences of limited height. The City restricts building heights in residential areas. The site is not adjacent or near any significant physical features or mountain ranges. No impacts to aesthetics are expected to occur as a result of the proposed project. The ultimate construction of single family homes on the site will result in a slight increase in light generation, primarily from car headlights and landscape lighting. The City regulates lighting levels and does not allow lighting to spill over onto adjacent property. Impacts will not be significant. `► 7 3 -4- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact II. AGRICULTURE RESOURCES: Would the ro'ect: a) Convert Prime Farmland, Unique X Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (General Plan EIR p. III-21 ff.) X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing X environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (General Plan Land Use Map) H. a)-c) The proposed property, although currently in agriculture, is not under Williamson Act contract'. The property is not within the Agricultural/Equestrian Overlay of the General Plan. The property is in an area of the City which is urbanizing, and is surrounded on two sides by urban development. The loss of 38 acres of agricultural land is not expected to represent a significant impact on agricultural resources in the Valley. Personal communication, Matt Petroni, Warner Engineering, March 11, 2004. .. 674 i3 -5- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact III. AIR QUALITY: Would the project: a) Conflict with or obstruct X implementation of the applicable air quality plan? (SCAQMD CEQA Handbook) b) Violate any air quality standard or X contribute substantially to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a cumulatively considerable X net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook, 2002 PM10 Plan for the Coachella Valley) d) Expose sensitive receptors to X substantial pollutant concentrations? (Project Description, Aerial Photo, site inspection) e) Create objectionable odors affecting a X substantial number of people? (Project Description, Aerial Photo, site inspection) III. a), b) & c) The City's primary source of pollution is the automobile. The Tentative tract map will ultimately result in the construction of 132 single family homes, which could generate up to 1,255 trips per day2. Based on this traffic generation, and an average trip length of 10 miles, the following emissions can be expected to be generated from the project site. 2 "Trip Generation, Oh Edition," Institute of Transportation Engineers, Single Family Detached category'2110. -6- 67J 14 Moving Exhaust Emission Projections at Project Buildout (hounds per dav) Ave. Trip Total Total No. Vehicle Trips/Day Length (miles) miles/day 1,255 x 10 = 12,550 PM10 PM10 PM10 Pollutant ROC CO NOX Exhaust Tire Wear Brake Wear Grams at 50 mph 1,129.50 29,367.00 6,024.00 - 125.50 125.50 Pounds at 50 mph 2.49 64.83 13.30 - 0.28 0.28 SCAQMD Threshold (lbs./day) 75 550 100 150 Assumes 1,255 ADT. Based on California Air Resources Board's EMFAC7G Emissions Model. Assumes Year 2005 summertime running conditions at 75 °F, light duty autos, catalytic. As demonstrated above, the proposed project will not exceed any of SCAQMD's recommended daily thresholds. The project's potential impacts to air quality are therefore expected to be less than significant. The City and Coachella Valley are a severe non -attainment area for PM10 (Particulates of 10 microns or less). The Valley's 2002 PM10 Plan adopted much stricter measures for the control of dust both during the construction process and during project operations. These include the following, to be included in conditions of approval for the proposed project: CONTROL MEASURE TITLE & CONTROL METHOD BCM-1 Further Control of Emissions from Construction Activities: Watering, chemical stabilization, wind fencing, revegetation, track -out control BCM-2 Disturbed Vacant Lands: Chemical stabilization, wind fencing, access restriction, revegetation BCM-3 Unpaved Roads and Unpaved Parking Lots: Paving, chemical stabilization, access restriction, revegetation BCM-4 Paved Road Dust: Minimal track -out, stabilization of unpaved road shoulders, clean streets maintenance The proposed project will generate dust during construction. Under mass grading conditions, this could result in the generation of 1,025.6 pounds per day, for a limited period while grading operations are active. The contractor will be required to submit a PM10 Management Plan prior to initiation of any earth moving activity. In addition, the potential impacts associated with PM10 can be mitigated by the measures below. 1. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 15 -7- 676 2. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. 3. Construction personnel shall be informed of ride sharing and transit opportunities. 4. Imported fill shall be adequately watered prior to transport, covered during transport, and watered prior to unloading on the project site. 5. Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 6. Watering of the site or other soil stabilization method shall be employed on an on- going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 7. Any area which remains undeveloped for a period of more than 30 days shall be stabilized using either chemical stabilizers or a desert wildflower mix hydroseed on the affected portion of the site. 8. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. Landscape parkways on Monroe and the retention basins shall be landscaped with the first phase of development on the site. 9. SCAQMD Rule 403 shall be adhered to, insuring the clean-up of construction - related dirt on approach routes to the site. 10. All grading activities shall be suspended during first and second stage ozone episodes or when winds. exceed 25 miles per hour 11. The project proponent shall notify the City and SCAQMD of the start and end of grading activities in conformance and within the time frames established in the 2002 PM10 Management Plan. Implementation of these mitigation measures will ensure that impacts associated with PM10 are mitigated to a less than significant level. III. d) & e) The project will consist of single family homes and will not result in objectionable odors, nor will it expose residents to concentrations of pollutants. -8- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would the ro'ect: a) Have a substantial adverse effect, X either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? ("Results of Burrowing Owl Surveys..." Kinsinger Environmental Consulting, December 2003.) b) Have a substantial adverse effect on X any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? ("Results of Burrowing Owl Surveys..." Kinsinger Environmental Consulting, December 2003.) c) Have a substantial adverse effect on X federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? ("Results of Burrowing Owl Surveys..." Kinsinger Environmental Consulting, December 2003.) d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? ("Results of Burrowing Owl Surveys..." Kinsinger Environmental Consulting, December 2003.) e) Conflict with any local policies or X ordinances protecting biological 73 -9- 17 resources, such as a tree preservation policy or ordinance? ("Results of Burrowing Owl Surveys..." Kinsinger Environmental Consulting, December 2003.) f) Conflict with the provisions of an X adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (General Plan Exhibit 6.3) IV. a)-f) The site has been in agriculture for a considerable period of time. As such, native species are not expected to occur. However, the site's agricultural land uses lend themselves to potential habitat for the burrowing owl, which often nests in holes in the banks of planting rows. In order to determine the potential impacts to burrowing owls, a focused biological resource study was completed for the project site 3. The consulting biologist performed an on -site survey on one day in December, 2003. No burrowing owls were identified on the survey date, although numerous gopher burrows were seen. However, the CDFG protocol calls for four survey days when surveying for burrowing owls. The site may also be occupied by the species between the time of study and the time of construction. In order to assure that the burrowing owl does not occur on the site at the time of construction, the following mitigation measure shall be implemented. 1. Prior to any non-agricultural ground disturbing activity on the site, and within 48 hours of the initiation of such activity, the project proponent shall cause the site to be surveyed by a qualified biologist for burrowing owls. Should the species be identified on site, passive relocation, in conformance with the biologist's recommendations and protocol in place at the time, will be completed prior to the initiation of any activity. The biologist shall submit a written report to the Community Development Department prior to issuance of any ground disturbing permit on the project site. The site does not contain any wetlands or riparian habitat, nor is it a wildlife corridor. The site is outside the boundaries of the fee area of the Fringe -toed Lizard Habitat Conservation Plan. With the implementation of the above -listed mitigation measure, the impacts to biological resources will be reduced to a less than significant level. 3 "Results of Burrowing Owl Surveys..." prepared by Kinsinger Environmental Consulting and Eilar Associates, December 2003. -10- G79 rIEW Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would the ro'ect: a) Cause a substantial adverse change in X the significance of a historical resource as defined in'15064.5? ("Cultural Resources Assessment...,"Archaeological Associates, December 2003) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to'15064.5? ("Cultural Resources Assessment...,"Archaeological Associates, December 2003) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? ("Pre -Construction Paleontological Survey...," Archaeological Associates, December 2003) d) Disturb any human remains, including X those interred outside of formal cemeteries? ("Cultural Resources Assessment...,"Archaeological Associates, December 2003) V. a)-d) A Phase I cultural resource study was completed for the project site4. The study found that no resources occurred, and that the site's agricultural use reduced the likelihood of resources further. In its review of the report, however, the Historic Preservation Committee found that there should be on -site monitoring during earth moving activities, in order to assure that buried deposits are not disturbed. Therefore, the following mitigation measure shall be implemented. 1. A qualified archaeological monitor shall be on -site during all grubbing, trenching and grading activities associated with the project site. The monitor shall be empowered to stop or redirect activities, should resources be uncovered. A report of any findings, as well as appropriate curation of materials, shall be completed and submitted to the Community Development Department prior to issuance of building permits on the site. 4 "Cultural Resources Assessment of Tentative Tract 31910" prepared by Archaeological Associates and Eilar Associates, December 2003.. 19 -11- A paleontologic investigation was conducted for the project sites. The study found that it is likely that grading on the site will uncover resources. The Historic Preservation Committee also reviewed the potential for paleontologic resources on the site, and found that the site should be monitored. Therefore, the following mitigation measure shall be implemented. 1. A qualified paleontologic monitor shall be on -site during all grubbing, trenching and grading activities associated with the project site. The monitor shall be empowered to stop or redirect activities, should resources be uncovered. A report of any findings, as well as appropriate curation of materials, shall be completed and submitted to the Community Development Department prior to occupancy of the first home on the site. Implementation of these mitigation measure will assure that any potential impacts to cultural and paleontologic resources are mitigated to a less than significant level. � I 5 "Pre -Construction Paleontological Survey of a 38.65 acre Parcel," prepared by Archaeological Associates and Eilar Associated, December 2003. 20 0 -12- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to X potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, X as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (MEA Exhibit 6.2) ii) Strong seismic ground shaking? MEA X Exhibit 6.2) iii) Seismic -related ground failure, X including liquefaction? (MEA Exhibit 6.3) iv) Landslides? (MEA Exhibit 6.4) X b) Result in substantial soil erosion or X the loss of topsoil? (MEA Exhibit 6.5) d) Be located on expansive soil, as X defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property (MEA Exhibit 6.1) e) Have soils incapable of adequately X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (General Plan Exhibit 8.1) VI. a)-e) The site is located in a Zone III groundshaking zone, and will experience significant ground shaking during an earthquake. However, the City implements the most recent updates to the Uniform Building Code relating to seismically active areas, and all homes on the site will be constructed to these standards. Soils are considered appropriate for single family home construction, and on -site soils analyses will be required by the 682 Building Department prior to the issuance of building permits. 21. -13- The site is located in an area of high potential for liquefaction. In order to assure that the potential impacts associated with liquefaction are mitigated to a less than significant level, the following mitigation measure shall be implemented: 1. In conjunction with the preparation of on -site soil analysis, as required by the Building Department and City Engineer prior to issuance of building permits, the applicant's geologist shall also submit a liquefaction study which demonstrates the site's depth to groundwater, and includes mitigation measures if needed. The project site is located in an area of moderate blow sand potential. The mitigation measures included above under air quality are designed to mitigate the potential impacts associated with blow sand at the project site to a less than significant level. The site is not subject to landslides, nor does it have expansive soils. 6§3 2 -14- Potentially Less Than Less Than No Significant Impact Significant w/ Mitigation Significant Impact Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would the ro'ect: a) Create a significant hazard to the X public or the environment through the routine transport, use, or disposal of hazardous materials? (Application materials) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (Application materials) c) Emit hazardous emissions or handle X hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application materials) d) Be located on a site which is included X on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Riverside County Hazardous Materials Listing) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or X physically interfere with an adopted emergency response plan or emergency -15- 17%, �, &KI evacuation plan? (General Plan MEA p. 95 ff) h) Expose people or structures to a X significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VII. a)-h) The construction of residential uses on the proposed project site will not result in significant impacts associated with hazardous materials. The City implements the standards of the Household Hazardous Waste programs through its waste provider. These regulations and standards ensure that impacts to surrounding areas, or within the project itself, are less than significant. The site is not in an area subject to wildland fires. 6 85 �,24 -16- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIH. HYDROLOGY AND WATER UALITY -- Would the roject: a) Violate any water quality standards or X waste discharge requirements? (General Plan EIR p. III-187 ff.) b) Substantially deplete groundwater X supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (General Plan EIR p. III-187 ff.) c) Substantially alter the existing X drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? ("Preliminary Drainage Study" Warner Engineering, December 2003) d) Substantially alter the existing X drainage pattern of the site or area, including through the alteration of ,the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? ("Preliminary Drainage Study" Warner Engineering, December 2003) e) Create or contribute runoff water X which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? ("Preliminary Drainage Study" Warner Engineering, December 40 M -17- 2003) f) Place housing within a 100-year flood X hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? ("Preliminary Drainage Study" Warner Engineering, December 2003) g) Place within a 100-year flood hazard X area structures which would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.6) VIII. a) & b) Domestic water is supplied to the project site by the Coachella Valley Water District (CVWD). The eventual development of the site will result in the need for domestic water service for residential units and landscaping. The CVWD has prepared a Water Management Plan which indicates that it has sufficient water sources to accommodate growth in its service area. The CVWD has implemented or is implementing water conservation, purchase and replenishment measures which will result in a surplus of water in the long term. The project proponent will also be required to implement the City's water efficient landscaping and construction provisions, which will ensure that the least amount of water is utilized within the homes. The applicant will also be required to comply with the City's NPDES standards, requiring that potential pollutants not be allowed to enter surface waters. These City standards will assure that impacts to water quality and quantity will be less than significant. VIII. c) & d) The hydrology analysis prepared for the proposed project6 demonstrates how the proposed project can retain its 100 year flood flows on site, through the use of retention basins (shown as Lots O and P on the Tract Map). The study found that the site will generate a need to retain 178,704 cubic feet of water in a 100 year storm, and that the retention basins are sized to accommodate 209,425 cubic feet. The City Engineer will review and approve the drainage analysis for the site, prior to the issuance of any permits. These City requirements are expected to lower potential impacts to a less than significant level. VIII. e)-g) The site is not located in a flood zone as designated by FEMA. 6 "Preliminary Drainage Study," prepared by Warner Engineering, December, 2003. -18- 26 �87 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established X community? (Aerial photo) b) Conflict with any applicable land use X plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (General Plan Land Use Element) c) Conflict with any applicable habitat X conservation plan or natural community conservation plan? (Master Environmental Assessment p. 74 ff.) IX. a)-c) The proposed Tract Map conforms to the General Plan designation and Zoning standards assigned to the property. The development of housing on this property represents a continuation of the urbanizing pattern experienced in this area Of the City. The site is not within the boundaries of the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan fee area. 407 -19- V 8 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a X known mineral resource that would be of value to the region and the residents of the state? (Master Environmental Assessment p. 71 ff.) b) Result in the loss of availability of a X locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment p. 71 ff.) X. a) & b) The proposed project site is within the MRZ-1 Zone, and is therefore not considered to have potential for mineral resources. -20- 28 689 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE Would the project result in: a) Exposure of persons to or generation X of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (General Plan EIR p. III- 144 ff.) b) Exposure of persons to or generation X of excessive groundborne vibration or groundbome noise levels? (General Plan EIR p. III-144 ff.) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? (General Plan EIR p. III-144 ff.) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan EIR p. III- 144 ff.) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) XI. a)-f) The proposed project site is located in the southern portion of the City, in an area which is not now subject to significant noise levels. Further, buildout of the General Plan in this area is not expected to generate significant noise levels, particularly since the site is proposed to be walled and gated, which will mitigate potential noise levels. The impacts -21- V kV associated with noise on the project's residents are therefore expected to be less than significant. The project will generate higher noise levels during all phases of construction. A single family residence will remain within the northeastern quadrant of the property, and is considered a significant receptor for noise. In order to minimize the potential impacts to this residential unit during construction, the following mitigation measures shall be implemented: 1. Construction activities shall occur only during those hours allowed in the La Quinta Municipal Code. 2. All construction equipment shall be equipped with properly operating and maintained muffler systems. 3. All stationary equipment storage shall occur along the western property line, and as far away from existing dwelling unit as possible. 4. A 6 foot wall shall be erected around the residence prior to the initiation of any earth moving activity on the site. The site is not located in the vicinity of an air strip or airport. The implementation of the above -listed mitigation measures will assure that impacts associated with noise are reduced to less than significant levels. 30 -22- F; g �1 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING — Would the project: a) Induce substantial population growth X in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, p. 9 ff., application materials) b) Displace substantial numbers of X existing housing, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) c) Displace substantial numbers of X people, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) XII. a)-c) The proposed project is consistent with the General Plan land use designation for the property, and is in an area designated for low density residential land uses. The project site is in agriculture, and will not induce growth or displace an existing community. -23- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 57) X Police protection? (General Plan MEA, p. 57) x Schools? (General Plan MEA, p. 52 ff.) X Parks? (General Plan; Recreation and Parks X Master Plan) Other public facilities? (General Plan MEA, X p. 46 ff.) XIII. a) Buildout of the site will have a less than significant impact on public services. The proposed project will be served by the County Sheriff and Fire Department, under City contract. Buildout of the proposed project will generate property tax which will offset the costs of added police and fire services, as well as the costs of general government. The project will be required to pay the mandated school fees in place at the time of issuance of building permits. The tract map will include an on -site recreational lot, which will provide recreational facilities to project residents. 32 -24- 69 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. RECREATION -- a) Would the project increase the use of X existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application materials) b) Does the project include recreational X facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application materials) XIV. a) & b) The construction of 132 residential units within the project will be supported by the inclusion of an on -site recreational lot. In addition, the City's parkland fee will be applied, if needed, to mitigate any additional impact to City parks. -25- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is X substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan EIR p. III-29 ff.) b) Exceed, either individually or X cumulatively,, a level of service standard established by the county congestion management agency for designated roads or highways? (General Plan EIR p. III-29 ff.) c) Result in a change in air traffic X patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (No air traffic involved in project) d) Substantially increase hazards due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Tentative Tract Map 31910) e) Result in inadequate emergency X access? (Tentative Tract Map 31910) f) Result in inadequate parking capacity? X (Tentative Tract Map 31910) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description) XV. a)-g) Traffic levels in the area of the proposed project are expected to be at acceptable levels at buildout of the General Plan. The proposed tract map allows a density slightly lower than the maximum allowable under the Low Density Residential designation, and will therefore generate slightly less traffic than could have occurred. The project proponent 4 -26- F1 g 5 will be required to provide on -site parking in the form of garages for each unit. Impacts associated with the buildout of the project site are expected to be less than significant. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) b) Require or result in the construction of X new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) c) Require or result in the construction of X new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) d) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 58 ff.) e) Result in a determination by the X wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project=s projected demand in addition to the provider's existing commitments? (General Plan MEA, p. 58 ff.) f) Be served by a landfill with sufficient X permitted capacity to accommodate the project's solid waste disposal needs? (General Plan MEA, p. 58 ff.) g) Comply with federal, state, and local X -27- 3 §96 statutes and regulations related to solid waste? (General Plan MEA, p. 58 ff.) XVI. a)-g) Utilities are available at the project site. The service providers for water, sewer, electricity and other utilities have facilities in the immediate vicinity of the site, and will collect connection and usage fees to balance for the cost of providing services. The construction of the proposed project is expected to have less than significant impacts on utility providers. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to X achieve short-term, to the disadvantage of long-term environmental goals? b) Does the project have impacts that are X individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? 36 -28- r' .i XVII. a) The site has been identified as having the potential for biological cultural and paleontologic resources. However, mitigation measures proposed above will reduce these potential impacts to a less than significant level. XVII._ b) The proposed project supports the long term goals of the General Plan by providing a variety of housing opportunities for City residents. XVII. c) The construction of 132 residential units is less than could potentially occur on this site, will not have considerable cumulative impacts and is consistent with the General Plan designation on the property. XVII. d) The proposed project has the potential to adversely affect human beings, due to air quality and noise impacts. Since the Coachella Valley is in a non -attainment area for PM10, and the site will generate PM10, Section III), above, includes a number of mitigation measures to reduce the potential impacts on air quality. Noise impacts have been mitigated above to less than significant levels. XVIII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. Not applicable. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the .extent to which they address site -specific conditions for the project. Not applicable. { 3 -29- .698 0 .E' a� O o 4-4 p 00 c o Z o a O O) •:p�A z Old �wU cO wV�>� rA o a �aaaa� o M a ^' o o 4.4 � old (� cd 00 g� H .. o z� Z �U h � Ono� a [-y A z0-4 av ox UU °ay ° ° 9 0 0 Wy�. U ice• bd id . .9 oA � b � o � co U ; V O vA O oA 0 ao oUo oA .O .O � a az A 04 O �• a a A Q A A b � b U U U GQ U A GA Z ,.; cots ., a� as U 'Cod N p O 0 M cl •� F a a� 3 a 0 �, N ^d .O -� o '� t �• p4 .3 N b v� •� o ago de Fm W ; > a . � o b Cd N a 3 ZO 78 i••i GQ f v� -d 699 F A z �W Ov a ° 0 H � a CN cd 70. z b b F 0 0 Z o a a(O 0 4) Vto O U o w ,o � iaY U ,awl �o � v� pq •d ►� 0 3 U o F A z04 �w Ov a W o � a U A. z H A o c� w a� O� A b a F o� �o � U 0 r °.0 y � a� A �w OV W o H V-" 0 H 0 0 a 0 w� a� O� A b O o a �o � 4-0 39 7 D 0 W A �w OV a H o 0 0 0 a 0 0 0 A A A O w� z zz a o •� o b Ono ONO 4-4 40 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF TENTATIVE TRACT 31910, DIVIDING 38.85 ACRES INTO 132 SINGLE-FAMILY LOTS, AND OTHER COMMON LOTS CASE NO. TT 31910 APPLICANT: JOHN MEGAY & ASSOCIATES WHEREAS, the City Council of the City of La Quinta, California, did on the 6th day of April, 2004, hold a duly noticed Public Hearing to consider the request of John Megay & Associates, for approval of Tentative Tract 31910, a request to subdivide ± 38.85 acres into 132 single-family residential lots and several lettered lots located on the west side of Monroe Street, A mile north of Avenue 58, more particularly described as: PORTION OF THE NE '/4 OF THE S/E '/4 OF SECTION 22, T6S, R6E - S.B.B.M WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23d day of March, 2004, hold a duly noticed Public Hearing to consider a recommendation on Tentative Tract. 31910; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23rd day of March, 2004, adopt Resolution 2004-024, recommending that the La Quinta City Council conditionally approve Tentative Tract 31910; and, WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, City Council did make the following findings to justify their recommendation on Tentative Tract 31910: 1. The La Quinta Community Development Department has prepared Environmental Assessment 2003-496. Based on this assessment, the Community Development Department has determined that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non - significance. 2. The proposed Tentative Tract Map 31910 is consistent with the City's General Plan with the implementation of Conditions of Approval to provide for adequate storm water drainage, and other infrastructure improvements. The project is consistent with the adopted Low Density Residential land use designation of Up to 4 dwelling units per acre, as set forth in the General Plan. 41. +71� City Council Resolution 2004-_ Tentative Tentative Map 31910 John Megay & Association April 6, 2004 3. The design and improvements of the proposed Tentative Tract Map 31816 are consistent with the City's General Plan, with the implementation of recommended conditions of approval to ensure proper street widths, perimeter walls, parking requirements, and timing of their construction. 4. As conditioned, the design of Tentative Tract 31910 and type of improvements, acquired for access through, or use of, property within the proposed subdivision will not conflict with such easements. 5. The design of Tentative Tract 31910 and type of improvements are not likely to cause serious public health problems, in that this issue was considered in Environmental Assessment 2003-496, in which no significant health or safety impacts were identified for the proposed project. 6. The site for Tentative Tract 31910 is physically suitable for the proposal as natural slopes do not exceed 20%, and there are no identified geological constraints on the property that would prevent development pursuant to the geotechnical study prepared for the subdivision. 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 require compliance with those mitigation measures specified by Environmental Assessment 2003-496, prepared for Tentative Tract Map 31910; 3. That it does grant approval of Tentative Tract Map 31910, 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 6th day of April, 2004, by the following vote to wit: AYES: NOES: 42 703 City Council Resolution 2004-_ Tentative Tentative Map 31910 John Megay & Association April 6, 2004 ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta 43 704 CITY COUNCIL RESOLUTION- 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 31910 JOHN MEGAY & ASSOCIATES ADOPTED: APRIL 6, 2004 GENERAL 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"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). 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. 44 7 0. 5 City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 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"). 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. 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. PROPERTY RIGHTS 5. 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 45 PAReports - Mcoa31910.rtf 2 7 (2) City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 emergency services and for maintenance, construction and reconstruction of essential improvements. 6. 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. 7. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Monroe Street (Primary Arterial, Option A, 1 10' ROW) — The standard 55 feet from the centerline of Monroe Street for a total 110-foot ultimate developed right of way except for an additional right of way dedication at the primary entry of 67 feet from the centerline and a minimum 100 feet long plus a variable dedication of an additional 50 feet to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 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: A. PRIVATE STREETS 1. Private Residential Streets measured at gutter flow line shall have a 36-foot travel width. The travel width may be reduced to 32 feet with parking restricted to one side, and 28 feet if on - street parking is prohibited, and provided there is adequate off- street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. PAReports - Mcoa31910.rtf 46 3 707 City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 B. CUL DE SACS 1) 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 as shown on the tentative map. C. KNUCKLE 1) 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 entry 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. Pursuant to this requirement, the applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement. 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 public utility easement contiguous with, and streets. Such easement may be reduced tc written approval of IID. PAReports - CC\coa31910.rtf the Final Map a ten -foot wide along both sides of all private > five feet width with express 4'7 4 /08 City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 13. The applicant shall create perimeter landscaping setbacks along all public right-of-ways as follows: A. Monroe Street (Primary Arterial) - 20-foot from the R/W-P/L. The listed setback depth shall be the average depth where a meandering wall design is approved. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 14. 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. 15. Direct vehicular access to Monroe Street is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 16. 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. 17. 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 18. 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 P:\Reports - Mcoa31910.rtf 48 7 G1 5 9 City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 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. 19. 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. 20. 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. 0 13 C. Off -Site Street/Signing & Striping Plan: 1 " = 40' Horizontal, 1 " = 4' Vertical The street improvement plans shall include permanent traffic control and separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. On -Site Street Plan: Vertical 1 if = 40' Horizontal, 1 if = 4' On -Site Rough Grading/Storm Drain Plans On -Site Precise Grading Plan: P:\Reports - Mcoa31910.rtf 1 " = 40' Horizontal 1 " = 30' Horizontal 49 6 7.10 City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 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. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. 21. 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. 22. 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 23. 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. 50 P:\Reports - Mcoa31910.rtf 7 711 City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 24. 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. 25. 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. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 26. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. PAReports - CC1coa31910.rtf 8 i ,� City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, as the City may require. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 27. 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. 28. 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. 5`0 PAReports - Mcoa31910.rtf 9713 713 City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 GRADING 29. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 30. 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. 31. 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, 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. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. 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. 32. 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. 53 P:\Reports - Mcoa31910.rtf 10 714 City Council Resolution 2004- Conditions Of Approval Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 33. 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 as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape 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) of the curb, 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") in the first eighteen inches (18") behind the curb. 34. 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. 35. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. Applicant shall revise the building pad elevations of lots 42 thru 51, and lot 54 as necessary to comply with this requirement. The retention basin concept shall also be revised to accommodate the revised drainage pattern. 36. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. 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. 37. Prior to any site grading or grading 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. 38. 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. 54 P:\Reports - Mcoa31910.rtf 11 71- City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 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. DRAINAGE 39. The applicant shall revise the proposed retention basins to comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97-03 and to accommodate the revised building pad elevations of lots 42 thru 51, and lot 54. More specifically, stormwater falling on site during the 100 year 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. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. 40. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise. 41. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leach field or equivalent system approved by the City Engineer. The sand filter and leach field shall be designed to contain surges of up to 3 gph/1,000 sq. ft. of landscape area, and infiltrate 5 gpd/1,000 sq. ft. 42. 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. 43. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 44. For on -site common retention basins, retention depth shall be according to Engineering Bulletin 97-03, and side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. For retention basins on individual lots, retention depth shall not exceed two feet. f t: 55 PAReports - CC\coa31910.rtf 12 716 City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 45. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC. 46. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 47. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 48. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 49. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 50. The applicant shall consult with, and obtain clearances from, CVWD, in regard to the following identified Bureau of Reclamation (BOR) facilities, prior to issuance of any grading or building permits: • Lateral # 123.4-2.3 • Meter # 1913 • Tile Drainage System #427 51. 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. 52. Existing overhead utility lines within, or adjacent to the proposed development, and ,all proposed utilities shall be installed underground. 56 PAReports - Mcoa31910.rtf 13 717 City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 53. 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. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 54. 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. 55. The applicant shall construct the following street improvements to conform with the General Plan. A. OFF -SITE STREETS 1) Monroe Street, Primary Arterial Option A - 1 10' 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 the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. 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: a) A deceleration/right turn only lane at Primary Entry if required by a traffic study prepared for the applicant per Engineering Bulletin #03-07. The north curb face shall be located fifty five feet (55') west of the centerline. rJ� P:\Reports - Mcoa31910.rtf 14 713 City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 Other required improvements in the Monroe Street right or 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. b) 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 either touches the back of curb or approaches within five feet of the 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 into the landscape setback lot and approach within 5 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 plus variable width as needed to accommodate full turn movements at the entry. d) A County of Riverside benchmark in the Monroe Street right of way established by a licensed surveyor. The applicant shall extend improvements beyond the subdivision 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). The applicant shall attempt to acquire necessary ROW for Monroe Street along the frontage of the property located at 57161 Monroe Street (APN 764-010-010 to connect the above required improvements. Applicant shall bear the costs and responsibility for acquisition, design and construction of required Monroe Street improvements within the ROW along this additional frontage. The applicant shall coordinate this effort through the Public Works Department. The applicant is responsible for construction of all improvements mentioned above. 58 P:\ReP orts - Mcoa31910.rtf 15 71 City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 B. PRIVATE STREETS 1) Construct full 36-foot wide travel width improvements measured gutter flow line to gutter flow line except for the Lot A entry drive. C. PRIVATE CUL DE SACS 1) 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. D. KNUCKLE 1) 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. 56. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic (minimum 60 feet from the curb face to the voice box); and shall provide for a full turn -around outlet for non -accepted vehicles. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 if = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around out onto the main street from the gated entry. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 57. 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: 59 PAReports - CC\coa31910.rtf 16 7 9,0 City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 Residential 3.0" a.c./4.5" c.a.b. Primary Arterial 4.5" a.c./6.0" c.a.b. 58. 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 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. 59. General access points and turning movements of traffic are limited to the following: Primary Entry (South portion of Tentative Tract Map on Monroe Street): Full turn movements are allowed. 60. 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. 61. 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 62. 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. 60 721 P:\Reports - Mcoa31910.rtf 17 City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 63. In conjunction with the preparation of on -site soil analysis, as required by the Building Department and City Engineer prior to issuance of building permits, the applicant's geologist shall also submit a liquefaction study which demonstrates the site's depth to groundwater, and includes mitigation measures if needed. LANDSCAPING 64. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 65. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 66. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 67. 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. 68. 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 69. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 61. P:\Reports - CC\coa31910.rtf 18 7 City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 70. 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. 71. 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. 72. 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 73. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 74. 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 75. 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. 76. 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). P:\Reports - Mcoa31910.rtf 19 City Council Resolution 2004- Conditions Of Approval - Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 COMMUNITY DEVELOPMENT 77. Revisions to the tentative map during plan check including, but not limited to, lot line alignments, easements, improvement plan .revisions, and similar minor changes which do not alter the design (layout, street patter, etc.) may be administratively approved through the plan check process, with the mutual consent and approval of the Community Development and Public Works Directors. This shall include increase or decrease in number of lots meeting the general criteria above, but involving a change of no more than 5% of the total lot count of the Tentative Map as approved. Any revisions that would exceed the General Plan density standards, based on net area calculations, must be processed as an amended map, as set forth in Title 13, LQMC. 78. Prior to any non-agricultural ground disturbing activity on the site, and within 48 hours of the initiation of such activity, the project proponent shall cause the site to be surveyed by a qualified biologist for burrowing owls. Should the species be identified on site, passive relocation, in conformance with the biologist's recommendations and protocol in place at the time, will be completed prior to the initiation of any activity. The biologist shall submit a written report to the Community Development Department prior to issuance of any ground disturbing permit on the project site. 79. The site shall be monitored during on and off -site trenching and rough grading by qualified archaeological monitors. Proof of retention of monitors shall be given to the Community Development Department prior to issuance of first earth -moving or clearing permit, whichever occurs first. The monitor shall be empowered to stop or redirect activities, should resources be uncovered. A report of any findings, as well as appropriate curation of materials, shall be completed and submitted to the Community Development Department prior to issuance of building permits on the site. The final report on the monitoring shall be submitted to the Community Development Department prior to the final inspection of the project. 80. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first building permit for the property. Materials shall be accompanied by descriptive catalogue, field notes and sY4`4 P:\Reports - Mcoa31910.rtf 20 City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 records, primary research data, and the original graphics. 81. On- and off -site monitoring in areas identified as likely to contain paleontological resources shall be conducted by a qualified paleontological monitor. The monitor shall be equipped to salvage fossils as they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The monitor shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Proof that a monitor has been retained shall be given to the City prior to issuance of the first earth -moving permit, of before any clearing of the site as begun. 82. Recovered specimens shall be prepared to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. 83. A report of findings with an appended itemized inventory of specimens shall be submitted to the City prior to the first occupancy of a residence being granted by the City. The report shall include pertinent discussions of the significance of all recovered resources where appropriate. The report and inventory, when submitted will signify completion of the program to mitigate impacts to pale ontological resources. 84. Collected resources and related reports, etc. shall be given to the City. Packaging of resources, reports, etc. shall comply with standards commonly used in the pale ontological industry. 85. Landscaping plans for the units shall comply with the City's Water Efficient Landscaping Ordinance for this project and as approved by the Planning Commission. Said landscaping plans shall include a complete irrigation system showing location and size of water lines, valves, clock timers, type of sprinklers, etc. Prior to the issuance of any building permits the landscape plans shall also be approved by the Coachella Valley Water District before final approval by the Community Development Department. FIRE DEPARTMENT 86. Fire Department plan check is to run concurrent with the City plan check. Specific fire protection measures will be determined at the time of plan check. P:\Reports - Mcoa31910.rtf 21 City Council Resolution 2004- Conditions Of Approval — Recommended Tentative Tract Map 31910 John Megay & Associates Adopted: April 6, 2004 SHERIFF DEPARTMENT 87. Final conditions will be addressed when building plans are reviewed. Prior to issuance of a building permit, applicant shall review building plans with the Sheriff's Department regarding Vehicle Code requirements, defensible space, and other law enforcement and public safety concerns. All questions regarding the Sheriff's Department should be directed to the Deputy at (760) 863-8950. 65 P:\Reports - Mcoa31910.rtf 22 ?,26 ATTACHMENT 1 Qo so STAT£ HJGHWAY 111 � -o G � � COA C PROJECT SITE AIRPORTecv�. SarH ,avE VICINITY YAP NO Sew THPMAS BROTHERS GUIDE.£DlT10N 2003 PAGE 5530 CAORDINAT£ E6 HELA WA, WA W W, W, LA W -lot Alt ollf vp '16 CA: Id ----------ATTACHMENT 3,1 yMAE— Ajjp li� t r i t I �� g� .A < j� � p'• ' i i• �� i i � ;� i 1 it 4A• t 1 � i• t� � i t Z �� q i, • � / � i An o i i " '�i •�� i y} • i ► i 8 ! �� ! �� ill '�.�� 1•_ h A a A �- ♦ `�� I / oo -414% + e JI ` t I 8 tl�l I�� .� r• s / r - � o� ^., \♦ �+i is pp p I, + lee 16 too Al ills r � 1• Y � �� r ' r w� ` i b �4 1 �t1 � t — — � � � � �I 1 i , •i,- g � - � . �� - K ��'� � •'. , .y �^jR � fti w , -- . 8 4 +a A yj�R+a .^ f a �,� p ryQ �' �f ► i � � i �� i a ��/ Y i '��+i w � r r �ai`�tM — ,7Lt ( I I I h� A g f1.1a IAA i 8 1 !Ai A A ^ t 1 a 1 i , eS i Y i� . I! � �7 .!1 " e•' ; � • � I a I. b -3 ,-p i II Zli All r• Pl I • �' ! 1 1 A I 1 -AL— lit 'A A Th w �t will im ih .4 Il t t$ $ i• r '11trml `3 111 ti 5 11 P1111 rA A ACHMENT 4 Planning Commission Minutes March 23, 2004 2. Chairman Kirk asked if there were any questio of staff. Commissioner Tyler asked about Plan 1 floor pla questioned the size of the casitas and whether or not it in ded the bedroom. Staff stated the applicant would need to swer this. 3. Chairman Kirk asked if the applic t w v :,:dike to address the Commission. Mr. Chris Young epre ing the applicant, stated they have reviewed the con ' ions a no problems. jo nil A hE 4. Chairman Kirk asked i he be ri;was in d in the casitas. Mr. Young stated yig F $ 4 5. There being questi�ri the a licant and no er public comment, airman Kirk clo RRI u 'c participaon portion of the heari 5. It w s moved a nded by i ioners Abels/Quill to a pt Planning Co m r .esolution 04-022, approving Site W-4. evelopment Permi.�2p00 rmmended. E# Daniels, Quill, Tyler, and R LL C COMM' ers A bels, s Ch an Kirk. ES None. ABSENT: None. ABSTAIN: No D ent sess 04-496 and Tentative Tract Ma 31910; a "1. 2� R ,;4.. n M requ Johay & Associates for consideration of certification of 3ey a Mitig Neg Declaration of environmental impact; and the subdivisio :38.8 cres into 132 single-family residential lots located "y PiS o n the westf' a of Monroe Street, '/4 mil north of Avenue 58. 1Chairan Kirk opened the public hearing and asked for the staff Associate Planner Wallace Nesbit presented the 1. N ormation contained in the 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 the tract had only one access. Staff stated yes with an emergency access. 7,30 69 Planning Commission Minutes March 23, 2004 3. Commissioner Tyler asked the purpose of the recreation amenity lot. Staff stated it has not been defined in regards to any structures. Commissioner Tyler asked staff for the location of the three easements on the drawings. Staff indicated them on the map 4. Commissioner Quill asked if the sout.n., y tract was developed. Staff stated no, they have submitt plication for a second time extension.; £, 5. Commissioner Daniels as :,if project. Staff stated its,I not Commissioner Daniels'. th 51 of this "not a part" lot. approved there would be a trac two accesses o monroe Stree- that is not a p e tract. could restrictions on thiAllo access. e house part of this a part of t vopment. could be any r elopment .. rn Is that if tl`s tract were one access and a lot that has tpff stated it is a separate lot bIgnmission could place R 'ubbed out for a future -,,-.0.1 .irk asked the applant would like to address the mmiss Vk , Mr. Jo ft Megay, the applicant, stated they had s n wi the owners .11P he not a part parcel and were told 454� '��S 4 t� the v�� t in;fling so they will be constructing a wall �$oun it prod ' cluding this parcel. He then went on to � IN riber ro ect. j . ,. Ig 7. Cha n Kirlsked if there were any questions of the applicant. Comssioner Quill asked if the applicant was being required to °I impro ' the frontage of the "not a part" parcel. Mr. Megay stated 43p he wlld be willing to do the curb and gutter to its ultimate width. tant City Engineer Steve Speer stated staff would have to N. k into the right of way needed and available. Commissioner 'Quill asked if the applicant could be required to acquire the needed right of way and dedicate it to the City in a timely manner. Mr. Megay stated he had no problem with this requirement. 6 r•\%A/DrV)rC\Dr RA;n.%Ain a.,.. Planning Commission Minutes March 23, 2004 8. Commissioner Tyler asked the applicant to identify the easements. Mr. Matt Petroni, engineer for the project, stated they are roads associated with the existing agricultural work, access for Imperial Irrigation District and CVWD. Commissioner Tyler asked the use of the recreational lot. Mr. Megay stated they have not defined it as of yet. Discussions have been regarding, a clubhouse and/or a sports workout building. k" 9. Chairman Kirk asked if there wa �� ther public comment. There being none, the public par patio t i o n of the hearing was closed and open for Co m si discu 10. Commissioner Daniels s red he sill believes a.h orrd access could be created from-,,: i# t a per„ parcel. He ed if staff 9z .az€t, knew when this property w b atd from this -urger parcel. i y Staff stated it was unknown.: 1 1. JS Chairman Kirk sill would like r t designed to provide for a future acceso weasement , rough this "not a part" parcel. He suggest sta fW. rait the applicant to see if this ... coutkftaccomplish ,} 12mmissr Quill asks if the applicant had been conditioned to the rb and Butte qj ront of the "not a part" parcel. Staff y.;s q �. az gs sta is (iot required. Assistant City Attorney , a . ,, , icha uston' a lender would not allow an easement on ` d�ac roperty owner. Commissioner Quill asked why Lot J ..:. c not nded to Monroe Street. Discussion followed regs g pot ial alternatives. 51 �.. Follo g discussion, it was moved and seconded by z Com ssioners Quill/Abels to adopt Planning Commission €. �. ution 2004-023 certifying a Mitigated Negative Declaration t Environmental Assessment 2004-496, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 71.732 f'_•\\A/DPIf)r'C\D/` a.... 7 Planning Commission Minutes March 23, 2004 14. It was moved and seconded by Commissioners Quill/Tyler to adopt Planning Commission Resolution 2004-024 approving Tentative Tract Map 31910, as amended: a. Condition added: Applicant shall make every effort to acquire the needed right of way on ..onroe Street in front of the "not a part" parcel in a tim nner and construct the needed sidewalk, curb and. ter. b. Condition added: the applic , ineer shall work with staff to pursue the opportu of p ing a future 36 foot access into this "not a " rcel w r by easement or some other means a suc drawings sented to the City Council for a „ oval. 15. Chairman Kirk expressed his rerding the ptential of the "not a part" parcel having acceWto Monroe Street at some time in the future. ssion followe rding clarification on what the Commission ng regardi3ential access. 16. Assistant City Attor y W `. , g " stated there are potential o Solt such as cr a lot could be owned by the HOA fo j. stubbing, t if the concept is to have the lot retained �f a privaarty for boding, a lender would not allow that sort fi,fr o em nor would Ai e company allow it. Commissioner Qu h J Id not be extended to have a potential wgonne to reet. Maybe what should be considered is " + . �. = !Mn access gate where Lot R comes into the project. 17. Co sione�2uill/Tyler withdrew their motion to allow further discu n. i 5, ! r 1 r zChairian Kirk reopened the public hearing to allow further ssion. 5 siaj. 19 OAssistant City Engineer Steve Speer stated that if a secondary access is desires for this tract it would be by extending the cul-de- sac to Monroe Street. The Palms project to the north, does not have any access onto Monroe unless it is an emergency access. 7 /.•\VVDIIn(`C\Dr` Rn;nii+ne%'2_74_nAAA1rt a.... 8 Planning Commission Minutes March 23, 2004 20. Chairman Kirk stated his concern is not the lack of a second access but to limit the access onto Monroe. The point raised was that the City could not restrict that parcel from having access onto Monroe Street. He asked that even if this parcel was redeveloped in the future and there was an option for an easement or roadway through this parcel could they be restricteq to provide something they approved at this meeting? Assistar 06141hy Attorney Michael Houston stated they could but becau there~is no discretionary approval at this time for that separ4 I, it is academic at this time. There is no prohibition at 41 at ti but he would rather review it at that time. Mr. Pe i, plican� ' ngineer, stated it '�� :tom �,;� �"�� is possible to extent Street o the south prop Rxline to allow a landscape easement. ussion followed re g potential alternatives. e$' 21. There being no further discussi hairman Kirk closed the public hearing and op � the matter fo � mission discussion. NOWg g a, Rh 22. It was moved an$ s by Co ssioners Quill/Abets to adopt Planning Commis FIton 2004-024, approving Tract Map nded: Ten, g _; 0► as Co t ion added:1,Condition added: Applicant shall make eve 'effort to ac the needed right of way in front of RIP NMI.�rt'el in a timely manner and construct the } ed cu k gutter. , g Ammissioners Abets, Daniels, Quill, Tyler, and YE��' RhairKirk. NOES: None. ABSENT: None. ABSTAIN: one. E. 0"Oveloofient Permit 2004-800; a request of Jack Tarr Development for On y ation of a request to allow construction of a 12,000 square foot groery ore located at the southeast corner of Washington Street and Simon Drive. 1 . Chairman Kirk opene a public hearing and asked for the staff report. Principal Planner Baker presented the information contained in the report a copy o ich is on file in the Community Development Department. 73 7-)4 COUNCIL/RDA MEETING DATE: April 6, 2004 ITEM TITLE: Joint Public Hearing Between the La Quinta City Council and Redevelopment Agency to Consider Adoption of a Resolution to Use Tax Increment Revenue From La Quinta Redevelopment Project Area No. 1 to Fund the Construction of a Library Facility to be Located on the Civic Center Campus RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving the use of up to $4,300,000 of La Quinta Redevelopment Project Area No. 1 tax increment revenue to construct a library facility that will be owned by the City of La Quinta, and making certain findings thereto. FISCAL IMPLICATIONS: Approving this action will facilitate the use of up to $4,300,000 of Project Area No. 1 tax increment revenue. This expenditure has been programmed into the City's Capital Improvement Program and in the Redevelopment Agency's five-year cash flow programming. BACKGROUND AND OVERVIEW: The City is moving forward with the construction of a 20,000 square foot municipal library on the Civic Center Campus. While this project is included in the City's Development Impact Fee Program, sufficient funds are not available at this time to facilitate the construction time frame. To achieve the construction schedule, the City will be requesting that the Agency fund up to $4,300,000 of the construction costs using Project Area No. 1 tax increment revenue. It is anticipated that the loan agreement will be presented for the City Council's consideration at the next Council meeting. The California Community Redevelopment Law provides that the Redevelopment Agency may fund public facilities that benefit a project area if certain findings are made. This action authorizes the Agency to fund this public facility and presents the findings required by the Redevelopment Law. 735 Attachment 1 presents a Summary Report that addresses the requirements of the Redevelopment Law and reviews the following: • The amount of tax increment revenue proposed to be used to acquire land and pay for the construction of any publicly -owned building, including interest payments. • An explanation of why the buildings, facilities, structures, or other improvements are of benefit to the project area or the immediate neighborhood in which the project is located. • An explanation as to why no other reasonable means of financing the buildings, facilities, structures, or other improvements, are available to the community. • How the expenditure of tax increment revenue for the acquisition of land or the cost of buildings, facilities, structures, or other improvements will assist in the elimination of one or more blighting conditions inside the project area or provide housing for low- or moderate -income persons, and is consistent with the implementation plan adopted pursuant to Section 33490. • Describes the redevelopment purpose for which the tax increment revenue is being used to pay for the land and construction of such publicly -owned building. The library will be located in La Quinta Redevelopment Project Area No. 1. When Project Area No. 1 was established in 1983, the lack of cultural and recreation facilities was cited as one of the blighting conditions that warranted redevelopment to rectify. Further, the Redevelopment Plan for Project Area No. 1 identifies constructing new public facilities as a redevelopment implementation goal. Agency funding of the library facility improvements will address a blighting condition while implementing a redevelopment goal. Further, Agency funding for this improvement has been scheduled in the City/Agency Capital Improvement Program, and has been included as part of the Agency's five-year expenditure program. This expenditure will be from tax increment revenue the Agency has reserved for this purpose. Notice A notice of public hearing was published in the Desert Sun on March 22"d and 29", 2004, and the Summary Report was made available on March 22, 2004 in the Community Development Department at City Hall. r3 • J G %., (i FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the the use of up to $4,300,000 of La Quinta Redevelopment Project Area No. 1 tax increment revenue to construct a library facility for that will be owned by the City of La Quinta, and making certain findings thereto; or 2. Do not adopt a Resolution of the City Council approving the use of up to $4,300,000 of La Quinta Redevelopment Project Area No. 1 tax increment revenue to construct a library facility for that will be owned by the City of La Quinta, and making certain findings thereto; or 3. Provide staff with alternative direction. Respectfully submitted, &Iet k � Tom Hartung Iz Director of Building and Safety Approved for submission: Thomas P. Genovese, City Manager Attachment: 1. Summary Report S:\CityMgr\STAFF REPORTS ONLY\PH 3 LibraryApprMdoc 03 737 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 33445(a) AND 33679 AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE CONSTRUCTION OF A MUNICIPAL LIBRARY WHEREAS, the California Community Redevelopment Law, at Health and Safety Code Section 33445, requires that before the Redevelopment Agency of the City of La Quinta ("Agency") may pay for all or part of the value of the land for and the cost of the installation and construction of certain publicly owned improvements, the Agency and the City Council must adopt a Resolution making certain findings; and WHEREAS, the need for cultural and recreational opportunities and facilities were documented as one of the conditions of blight that justified the formation of the La Quinta Redevelopment Project Area No. 1 ("Project Area"), as cited in the October 1983 Report to the La Quinta City Council on the Proposed Redevelopment Plan for La Quinta Redevelopment Project Area No. 1; and WHEREAS, the construction of a municipal library ("Library Project") would afford the Agency the opportunity to address some of the aforementioned conditions of blight; and WHEREAS, the Economic Development/Community Development Program component of the Agency's Implementation Plan prepared pursuant to Health and Safety Code Section 33490 lists a municipal library as a foreseeable and desired project; and WHEREAS, the Library Project will be located in La Quinta Redevelopment Project Area No. 1 (the "Project Area"); and WHEREAS, there is inadequate funding within the City's General Fund or from other sources to construct the Library Project; and WHEREAS, Section 518 of the Redevelopment Plan for La Quinta Redevelopment Project Area No. 1, as amended by Amendment No. 1, authorizes the Agency to undertake the funding of the Library Project; and WHEREAS, the California Community Redevelopment Law, at Health and Safety Code Section 33679, further requires that if any of the publicly owned improvements to be funded with Agency funds is a publicly owned building, and theV�$ Agency's funds for such purpose are tax increment funds the Agency receives pursuant to Health and Safety Code Section 33670, the Agency and City Council G:\WPDOCS\CCReso-COA\LibraryCCReso.DOC 04 City Council Resolution No. 2004- Library Health & Safety Code Findings Adopted: April 6, 2004 must, prior to adopting the resolutions referred to in the preceding Recital, hold a duly noticed joint public hearing in connection with the proposed use of Agency funds for such purpose and in connection therewith have prepared a report summarizing (i) the estimated amounts of such tax increment funds to be used for such purpose, (ii) the facts supporting the findings required to be made pursuant to Health and Safety Code Section 33445 as referred to in the previous Recital, and (iii) setting forth the redevelopment purpose for which such funds are being used to pay for such purpose (the "Summary Report"); and WHEREAS, the City Council, in compliance with Health and Safety Code Section 33679, duly noticed a public hearing on the matter of the use of Agency funds for payment for the installation and construction of certain publicly owned improvements made part of the Library Project; and WHEREAS, the Summary Report was duly and timely prepared and made available for public review, inspection, and copying in compliance with Health and Safety Code Section 33679; and WHEREAS, on the 6th day of April, 2004, the City Council held its duly noticed public hearing on the Agency's payment for certain publicly owned improvements associated with the Library Project ("Public Hearing"); and WHEREAS, at the Public Hearing the City Council received and considered the staff report and such other information, testimony, and evidence as presented; and 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: A. The Library Project will be located within the Project Area and thus will service the residents, businesses, property owners, and others located within the Project Area, as well as the City at -large. B. That no other reasonable means of financing the buildings, facilities, structures, and other improvements are available to the community other than Agency funding. In light of the current economic situation in the nation, the State and locally, the continuing requirement for the City and Agency to provide contributions to the State and that City general funds are already committed to expenditures for necessary police, fire, and other public safety purposes, 7 G:\WPDOCS\CCReso-COA\LibraryCCReso.DOC 05 City Council Resolution No. 2004- Library Health & Safety Code Findings Adopted: April 6, 2004 recreational purposes, administrative, operations and maintenance purposes, and other previously identified capital improvements, Agency funding is the only available source of funds to the community for the Library Project. C. The Library Project will assist in the elimination of one or more blighting conditions by providing needed cultural and recreational opportunities and facilities within the Project Area as identified by the Economic Development/Community Development Program portion of the Agency's Implementation Plan. 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 Library Project. PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of La Quinta, California held on this 6th of April, 2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADLOPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California G:\WPDOCS\CCReso-COA\LibraryCCReso.DOC 740 u A CHMENT 1 SUMMARY REPORT FOR THE EXPENDITURE OF TAX INCREMENT REVENUE BY THE LA QUINTA REDEVELOPMENT ON A LIBRARY FOR THE CITY OF LA QUINTA PURSUANT TO HEALTH & SAFETY CODE SECTIONS 33445 AND 33679 The La Quinta Redevelopment Agency ("Agency") is the redevelopment agency activated by the City Council of the City of La Quinta ("City" or "City Council" as appropriate) pursuant to the California Community Redevelopment Law (Health & Safety Code § 33000 et seq.) ("CRL"). The Agency and City Council have scheduled a joint public hearing for April 6, 2004 to consider the Agency's use of up to $4,300,000 of La Quinta Redevelopment Project No. 1 tax increment revenue to fund construction of a library facility that will be owned by the City. Pursuant to Health and Safety Code .Sections 33445 and 33679, whenever the Agency proposes to use tax increment funds to acquire land and/or to pay for the construction or installation of a publicly owned building, the Agency and City Council must hold a public hearing on the use of the tax increment funds for that purpose. At the conclusion of the public hearing, the Agency and City Council may adopt resolutions approving the use of Agency tax increment funds for that purpose. Prior to the public hearing, Health and Safety Code Section 33679 requires that the Agency prepare a summary report that: • Estimates the amount of tax increment revenue proposed to be used to acquire land and pay for the construction of any publicly owned building, 'Including interest payments. ' • Provides an explanation of why the buildings, facilities, . structures, or other improvements are of benefit to the project area or the immediate neighborhood in which the project is located. • Provides an explanation as to why no other reasonable means of financing the buildings, facilities, structures, or other improvements, are available to the community. • Describes how the expenditure of tax increment revenue for the acquisition of land or the cost of buildings, facilities, structures, or other improvements will assist in the elimination of one or more blighting conditions inside the project area or provide housing for low- or moderate -income persons, and is consistent with the implementation plan adopted pursuant to Section 33490. • Describes the redevelopment purpose for which the tax increment revenue is being used to pay for the land and construction of such publicly owned building. 741 39"17161-0001 391215.02 a03W.M4 n n BACKGROUND The City has been planning for the construction of a 20,000 square foot municipal library on the as part of the Civic Center Campus. Plans call for the library to be constructed in two phases. Phase 1 will entail building the 20,000sgare foot building shell of which 10,000 +/- square feet will be finished, furnished and equipped for use. The unfinished space will include rough wiring, lighting and dry wall improvements. This space will not be occupied until there is a need to expand library services. The site is located in the Civic Center campus which was purchased and improved in The project will also entail modifying the existing parking lot to facilitate handicap parking and access by service vehicles. SUMMARY REPORT ITEMS • Estimates of the amount of tax increment revenue proposed to be used to acquire land and pay for the construction of any publicly owned building, including interest payments. The City estimates that the above described improvements could cost up to $5,639,500 to complete. Of this amount, the Agency proposes to fund $4,300,000 from Project No. 1 tax. increment revenue. No bond proceeds are being used and as such, there will be no interest payments. • An explanation of why the buildings, facilities, structures, or other improvements are of benefit to the project area or the immediate neighborhood in which the project is located. The proposed library is located within the La Quinta Redevelopment Project Area No. 1 and thus services the residents, businesses, property owners, and others located within the Project Area, as well as the City at -large. The current library is also located in Project Area in leased facilities. Library operations are provided by the County of Riverside. • An explanation as to why no other reasonable means of financing the buildings, facilities, structures, or other improvements, are available to the community. In light of the current economic situation in the nation, State, and locally, the continuing requirement for the City and Agency to provide contributions to the State, and that City general funds are already committed to expenditures for necessary police, fire, and other public safety purposes, recreational purposes, administrative and operations and maintenance purposes, and other previously identified capital improvements, Agency funding is the only. -available source of funds to the community for the library. • A description as to how the expenditure of tax increment revenue for the acquisition of land or the cost of buildings, facilities, structures, or other improvements will assist in the elimination of one or more blighting conditions inside the project area or provide housing for low- or moderate -income persons, and is consistent with the implementation plan adopted pursuant to Section 33490. The library will assist in eliminating one or more blighting conditions within Project Area by expanding cultural and recreational opportunities and facilities for Project Area and City residents. This project is listed under the Economic Development/Community Development Program component of the Agency's July 1999 Implementation Plan pursuant to Section 33490. 394/017161-0001 742 391215.02 a03/22/04 -2- 08 • Describe the redevelopment purpose for which the tax increment revenue is being used to pay for the land and construction of such publicly owned building. The Redevelopment Plan for Project No. 1 identifies improving public facilities as a redevelopment goal. Further, both the Agency's Report to City Council and the subsequent Implementation, Plans identified the .need to improve public facilities, and expanding cultural and recreation opportunities as a means to address blight within the Project Area. Using tax increment revenue to fund the library improvements works to implement the goal contained in the Redevelopment Plan, and address a condition of blight identified in both the Agency Report to Council and subsequent Implementation Plans. This Summary Report has been prepared in compliance with California Health and Safety Code Section 33679. A photocopy of this Report may be obtained from the Agency Secretary/City Clerk by paying the usual photocopy fee regularly charged by the Agency and City. 743 39"17161-0001 _ 391215.02 a03l22 04 _3 09 COUNCIL/RDA MEETING DATE: April 6, 2004 ITEM TITLE: Joint Public Hearing Between the La Quinta City Council and Redevelopment Agency to Consider Adoption of a Resolution for the Use of Tax Increment Revenue From La Quinta Redevelopment Project Area No. 1 to Fund the Construction of Certain Public Facilities Located at SilverRock Resort RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 5 Adopt a Resolution of the City Council approving the expenditure of up to $1 1,510,000 of proceeds from the La Quinta Redevelopment Project Area No. 1 Series 2002 Tax Exempt Bonds and the Series 2003 Taxable Bonds to fund the construction of a part of the Phase 1 golf course improvements at SilverRock Resort, and making certain findings thereto. FISCAL IMPLICATIONS: This action will approve the expenditure of up to $1 1,510,000 in bond proceeds. The referenced bonds were sold to fund these projects, which are part of the City's Capital Improvement Program and the Agency's five-year cash flow programming. BACKGROUND AND OVERVIEW: In May 2002, the City and Agency approved the purchase of 525 acres of land for the development of a golf resort. This action initiated master planning and golf course/driving range design activities during 2003, and approval, in March 2004, of contracts to build the first tournament quality golf course and related improvements. The Agency sold tax exempt and taxable tax allocation bonds to fund this effort. The Series 2002 Tax Exempt Bond proceeds will fund the public activity uses, and the Series 2003 Taxable Bond proceeds will fund the private activity uses that will be located at SilverRock Resort. Both of these uses include public facilities that will be transferred to the City of La Quinta upon completion. These facilities include temporary and permanent clubhouses, a maintenance building and yard, Phase 1 golf course restroom facilities, and the irrigation pump house building. 744 S:\CityMgr\STAFF REPORTS ONLY\PH 4 SRAppropMdoc The California Community Redevelopment Law provides that the Agency may fund public facilities that benefit a project area if certain findings are made. This action authorizes the Agency to fund these public facilities and presents the findings required by the Redevelopment Law. Attachment 1 presents a Summary Report that addresses the requirements of the Redevelopment Law and reviews the following: • The amount of tax increment revenue proposed to be used to acquire land and pay for the construction of any publicly -owned building, including interest payments. • An explanation of why the buildings, facilities, structures, or other improvements are of benefit to the project area or the immediate neighborhood in which the project is located. • An explanation as to why no other reasonable means of financing the buildings, facilities, structures, or other improvements, is available to the community. • How the expenditure of tax increment revenue for the acquisition of land or the cost of buildings, facilities, structures, or other improvements will assist in the elimination of one or more blighting conditions inside the project area or provide housing for low- or moderate -income persons, and is consistent with the implementation plan adopted pursuant to Section 33490. • Describes the redevelopment purpose for which the tax increment revenue is being used to pay for the land and construction of such publicly -owned building. These public buildings and facilities will be located in La Quinta Redevelopment Project Area No. 1 which was established in December 1983. Two of the blighting conditions cited for establishing the Project Area were the lack of recreation facilities and the lack of enterprises that stimulate business activity.) Constructing the Phase 1 golf course and these facilities at the SilverRock Resort will afford the opportunity to develop municipal/public golf and other passive recreation uses. Further, this will provide the Agency additional means to draw resort, hospitality, and related uses that will attract patrons to the Project Area, generating additional demand for Project Area businesses. The temporary clubhouse improvements entail restoring and improving the Ahmanson family ranch house. This building has been identified as a historic structure. The $1.4 million of improvements slated for this facility will restore the structure and facilitate public access and use. Once the permanent clubhouse is operational, these facilities will then be available for small conferences and community events. The permanent clubhouse is proposed to serve not only the needs of the two golf courses planned for the SilverRock Resort, but also to provide additional meeting space, restaurant and 745 S:\CityMgr\STAFF REPORTS ONLY\PH 4 SRAppropMdoc 12 recreation facilities for Project Area residents as well as the greater community. The restrooms are needed to service the needs of the Phase 1 golf course patrons, while the maintenance building and yard, and the pump house building, will service the operations of the Phase 1 and 2 golf courses, and the park, trails, and rights -of -ways that will be developed for public use. Notice A notice of public hearing was published in the Desert Sun on March 23"d and 301n, 2004, and the Summary Report was made available on March 22, 2004 in the Community Development Department at City Hall. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the expenditure of up to $1 1,510,000 of proceeds from the La Quinta Redevelopment Project Area No. 1 Series 2002 Tax Exempt Bonds and the Series 2003 Taxable Bonds to fund the construction of a part of the Phase 1 golf course improvements at SilverRock Resort, and making certain findings thereto; or 2. Do not adopt a Resolution of the City Council approving the expenditure of up to $1 1,510,000 of proceeds from the La Quinta redevelopment Project Area No.1 Series 2002 Tax Exempt Bonds and the Series 2003 Taxable Bonds to fund the construction of a part of the Phase 1 golf course improvements at SilverRock Resort, and making certain findings thereto; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission: homas P. Genovese, City Manager Attachment: 1. Summary Report S:\CityMgr\STAFF REPORTS ONLY\PH 4 SRAppropMdoc 3 746 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 33445(a) AND 33679 AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE CONSTRUCTION OF PUBLIC BUILDINGS AT THE MUNICIPAL GOLF COURSE WHEREAS, on the 15" day of May, 2001, the City Council for the City of La Quinta ("City Council") approved the 2001-2002 Economic Development Plan which included implementation policies supporting economic diversification, business expansion, economic protection and preservation, and recreational opportunities; and WHEREAS, the California Community Redevelopment Law, at Health and Safety Code Section 33445, requires that before the La Quinta Redevelopment Agency ("Agency") may pay for the cost of publicly owned improvements, the Agency and the City Council must adopt a resolution making certain findings; and WHEREAS, on April 15, 2002 and on October 21, 2003, the City Council made findings pursuant to Health and Safety Code Section 33345 to approve the expenditure of tax increment funds the Agency receives pursuant to Health and Safety Code Section 33670 to fund all or part of the value of land for and the cost of the installation and construction of the Golf Course; and WHEREAS, the City Council now owns 525 acres of property (the "SilverRock Property") located in La Quinta Redevelopment Project Area No. 1 (the "Project Area"); and WHEREAS, the City Council wishes to update its prior findings now that it the Agency is ready to commence construction of the public buildings on the Golf Course; and WHEREAS, the need for recreational facilities and opportunities was documented as one of the conditions of blight that justified the formation of the La Quinta Redevelopment Project Area No. 1 ("Project Area"), as cited in the October 1983 Report to the La Quinta City Council on the Proposed Redevelopment Plan for La Quinta Redevelopment Project Area No. 1; and . WHEREAS, the construction of the Golf Course would afford the Agency the opportunity to address some of the aforementioned conditions of blight; and WHEREAS, the Agency's Implementation Plan prepared pursuant to Health and Safety Code Section 33490 provides for the Golf Course; and G:\WPDOCS\CCReso-COA\SR CC Reso.DOC 7467 4 City Council Resolution No. 2004- SilverRock Resort Health & Safety Code Findings Adopted: April 6, 2004 WHEREAS, the Golf Course will be located in the Project Area; and WHEREAS, there is inadequate funding within the City's General Fund or from other sources to construct the Golf Course; and WHEREAS, Section 518 of the Redevelopment Plan for La Quinta Redevelopment Project Area No. 1, as amended by Amendment No. 1, authorizes the Agency to undertake the funding of the Golf Course; and WHEREAS, the California Community Redevelopment Law, at Health and Safety Code Section 33679 requires that if any of the publicly owned improvements to be funded with Agency funds is a publicly owned building, and the Agency's funds for such purpose are tax increment funds the Agency receives purSL ant to Health and Safety Code Section 33670, the Agency and City Council must old a duly noticed joint public hearing in connection with the proposed use of Agency funds for such purpose and in connection therewith have prepared a report s mmarizing (i) the estimated amounts of such tax increment funds to be used for such purpose, (ii) the facts supporting the findings required to be made pursuant to Health and Safety Code Section 33445 , and (iii) setting for the redevelopment purpose for which such funds are being used to pay for such purpose (the "Summary Report"); and WHEREAS, the City Council, in compliance with Health and Safety Code Section 33679, duly noticed a public hearing on the matter of the use of Agency funds for payment for the cost of the installation and construction of certain publicly owned improvements made part of the Golf Course; and WHEREAS, the Summary Report was duly and timely repared and made available for public review, inspection, and copying in compliance with Health and Safety Code Section 33679; and WHEREAS, on April 6, 2004, the City Council held its duly noticed public hearing on the Agency's payment for certain publicly owned improvements associated with the Golf Course ("Public Hearing"); and WHEREAS, at the Public Hearing the City Council recei ed and considered the staff report and such other information, testimony, and evidence as presented; and 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. GAWPDOCS\CCReso-COA\SR CC Reso.DOC 748 5 City Council Resolution No. 2004- SilverRock Resort Health & Safety Code Findings Adopted: April 6, 2004 SECTION 2. Pursuant to Health and Safety Code Section 33445(a), the City Council finds and determines that: A. The Golf Course will be located within the Project Area and thus will provide recreational facilities and opportunities for the residents, businesses, property owners, and others located within the Project Area, as well as the City at -large. B. That no other reasonable means of financing the buildings, facilities, structures, and other improvements are available to the community other than Agency funding. In light of the current economic situation in the nation, the State and locally, the continuing requirement for the City and Agency to provide contributions to the State, and that City general funds are already committed to expenditures for necessary police, fire, and other public safety purposes, recreational purposes, administrative, operations, maintenance purposes, and other previously identified capital improvements, Agency funding is the only available source of funds to the community for the Golf Course. C. The Golf Course will assist in the elimination of one or more blighting conditions inside the Project Area, including the lack of recreational facilities and opportunities, and is consistent with the Agency's Implementation Plan adopted pursuant to Health and Safety Code Section 33490. SECTION 3. The City Council consents to the Agency appropriating and expending funds up to $1 1,510,000 to facilitate the construction of the Golf Course. PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of La Quinta, California held on this 6th of April, 2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADLOPH, Mayor City of La Quinta, California GAWPDOCS\CCReso-COA\SR CC Reso.DOC 7 4 1 6 City Council Resolution No. 2004- SilverRock Resort Health & Safety Code Findings Adopted: April 6, 2004 ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California GAWPD0CS\CCReso-00A\SR CC Reso.DOC 7150 7