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2004 10 05 CCCity Council Agendas are Available on the City's Web Page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting Tuesday, October 5, 2004 - 2:00 P.M. Beginning Resolution No. 2004-105 Ordinance No. 409 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 16.03 ACRES LOCATED NEAR THE SOUTHWEST CORNER OF HIGHWAY 111 AND JEFFERSON STREET (APNs: 649-030-086, 649-030-087, AND 649-030-088). PROPERTY OWNER/NEGOTIATOR: MIKE DOBROTA. City Council Agenda 1 October 5, 204 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. CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING. 2. PRESENTATION OF PLAQUE TO JERRY HERMAN. WRITTEN COMMUNICATIONS 1. WRITTEN CORRESPONDENCE FROM THE DESERT AIDS PROJECT. APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF SEPTEMBER 22, 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 OCTOBER 5, 2004. City Council Agenda 2 October 5, 2004 2. APPROVAL OF A REQUEST FOR PROPOSALS TO OBTAIN PROFESSIONAL ENGINEERING SERVICES FOR THE HIGHWAY 111 STREET IMPROVEMENTS, FROM ADAMS STREET TO JEFFERSON STREET, AND APPOINT A CONSULTANT SELECTION COMMITTEE, PROJECT NO. 2001-07A. 3. APPROVAL OF AWARD OF CONTRACT FOR THE FISCAL YEAR 2003/2004 SLURRY SEAL AND RE -STRIPING PROGRAM, PROJECT NO. 2004-03. 4. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP' 29053-3, PM RENAISSANCE, TRANSWEST HOUSING, INC. 5. APPROVAL OF AWARD OF CONTRACT FOR CITYWIDE LANDSCAPE LIGHTING MAINTENANCE, PROJECT NO. LMC 2004-04. 6. APPROVAL OF AWARD OF CONTRACT FOR CITY-WIDE LANDSCAPE MAINTENANCE, PROJECT NO. LMC 2004-05. 7. ADOPTION OF A RESOLUTION SUPPORTING PROPOSITION 1 A — CALIFORNIANS TO PROTECT LOCAL TAXPAYER AND PUBLIC SAFETY. 8. APPROVAL OF RATIFICATION OF A CONTRACT WITH ESGIL CORPORATION FOR PLAN REVIEW SERVICES. 9. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP 318761 VILLA CAPRI, MAYER VILLA CAPRI, LP. BUSINESS SESSION 1. CONSIDERATION OF AN OLD TOWN MURAL PROJECT. A. MINUTE ORDER ACTION 2. CONSIDERATION OF A REQUEST FROM THE RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY FOR SPONSORSHIP OF JACQUELINE COCHRAN AIR SHOW. A. MINUTE ORDER ACTION City 9 Council Agenda 3 October 5, 2004 U 3 REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (HENDERSON) 2. CITY COUNCIL AD HOC COMMITTEE REPORTS 3. CVAG COMMITTEE REPORTS 4. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (ADOLPH) 5. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) 6. C.V. MOUNTAINS CONSERVANCY (SNIFF) 7. JACQUELINE COCHRAN 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 (NANCY DORIA) 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) DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. KINER COMMUNICATIONS FIRST QUARTERLY REPORT FOR 2004/2005 FISCAL YEAR 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS B. SELECTION OF DATE FOR ANNUAL HOLIDAY OPEN HOUSE 4. BUILDING AND SAFETY DIRECTOR'S MONTHLY REPORT - NONE 5. COMMUNITY DEVELOPMENT DIRECTOR'S .MONTHLY REPORT - NONE 6. COMMUNITY SERVICES DIRECTOR'S REPORT - NONE 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 City Council Agenda 4 October 5, 2004 tj RECESS TO 7:00 P.M. 7--00 P_M_ PUBLIC COMMENT This is the time set aside for public comment on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three (3) minutes. Please watch the time clock on the speakers podium. PRESENTATIONS - 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 auinta City Council before a public hearing may appear and be heard in support of, or in opposition to, the approval of project(s) at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. PUBLIC HEARING TO ADOPT RESOLUTIONS CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2004-502 AND SUBDIVIDING 8.08 ACRES INTO 33 RESIDENTIAL LOTS FOR TENTATIVE TRACT MAP 32225, FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF MADISON AND AVENUE 58. APPLICANT: VINCE D'AMBRA. A. RESOLUTION ACTION(S) 2. PUBLIC HEARING TO ADOPT RESOLUTIONS CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2004-513; ESTABLISHING DESIGN AND DEVELOPMENT PRINCIPLES FOR SPECIFIC PLAN 2004-072; AND SUBDIVIDING 110.9 ACRES INTO 392 SINGLE FAMILY LOTS, A 10-ACRE COMMERCIAL LOT AND MISCELLANEOUS LOTS FOR TENTATIVE TRACT MAP 32398, FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF MONROE STREET AND AVENUE 60. APPLICANT: ROBERT SCHUMACHER. A. RESOLUTION ACTION City Council Agenda 5 October 5, 2004 �' J 3. PUBLIC HEARING TO ADOPT RESOLUTIONS CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2004-515, AND SUBDIVIDING 14.54 ACRES INTO 40 SINGLE FAMILY LOTS AND MISCELLANEOUS LOTS FOR TENTATIVE TRACT MAP 32742, FOR THE PROPERTY LOCATED A 55-101 MONROE STREET, APPROXIMATELY 150 FEET SOUTH OF AVENUE 55. APPLICANT: VILLAGE BUILDERS 98, LP. A. RESOLUTION ACTION(S) 4. PUBLIC HEARING TO ADOPT AN ORDINANCE APPROVING AN AMENDMENT TO DEVELOPMENT AGREEMENT 2003-006 BY AND BETWEEN THE CITY OF LA QUINTA AND CP DEVELOPMENT 'LA QUINTA, LLC TO ALLOW THE DEVELOPER TO PERMIT LENNAR HOMES OF CALIFORNIA, INC. TO PARTICIPATE IN THE LLC AND UNDERTAKE THE CASITAS AND SANCTUARY VILLAS COMPONENTS OF THE PROJECT, FOR THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF MILES AVENUE AND WASHINGTON STREET. APPLICANT: CITY OF LA QUINTA AND CP DEVELOPMENT LA QUINTA, LLC. A. CALL UP AN ORDINANCE BY NUMBER AND TITLE ONLY AND WAIVE FURTHER READING. B. INTRODUCE FIRST READING OF ORDINANCE NO. 5. JOINT PUBLIC HEARING BETWEEN THE CITY COUNCIL AND REDEVELOPMENT AGENCY TO APPROVE AN AGREEMENT TO SELL REAL PROPERTY LOCATED AT 53-195 AVENIDA ALVARADO BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND FRANCISCO NUNEZ AND MARIA MACIAS. A. MINUTE ORDER ACTION. ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on October 19, 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. City Council Agenda 6 October 5, 2004 f 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, October 5, 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, October 1, 2004. Dated: October 1, 2004 JUNE S. GREEK, CMC, City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777- 7025, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, 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. City Council Agenda 7 October 5, 2004 WRITTEN CORRESPONDENCE ITEM: UGJGI U Al DS ProjecL ' care :: prevention :: advocacy 2005 Steve Chase Humanitarian Awards Gaia Mayor Donald Adolph City of La Quinta 7S 495 Calle Tampico La Quinta, CA 92253 September 21, 2004 Dear Mayor Adolph, On February 5, 2005, Desert AIDS Project will host the 11th Annual Steve Chase Humanitarian Awards Gala to be held at the Palm Springs Convention Center. This event with over 1,400 guests in attendance is the largest black -tie social event In our destination resort community. Each year the gala committee recognizes outstanding individuals, associations and corporations that have made a significant contribution in the fight against HIV/AIDS. The evening includes a cocktail reception, live and silent auctions and a dinner complete with dazzling entertainment. The revenues generated from both program advertising and the live and silent auctions contribute greatly to the success of this event. As volunteers for Desert AIDS Project and chairmen of the Program Ad Sales Committee and the Auction Committee for the 2005 Awards Gala, we're requesting your assistancewith :thisvery important and worthwhile endeavor. Last year's generous contributions brought In record breaking funds that went directly to client services at Desert AIDS Project. At this time we are asking for donations of one or more items for the silent auction and we also invite you to purchase an ad in the evening's program book. For those who donate Auction Items AND place an Ad In the program we have special Incentives to help make your generous contribution dollars go farther! (Please see the enclosed page). Your contribution will help Desert AIDS Project meet the evolving medical and social service needs of the people living with HIV/AIDS by providing services and advocacy for over 2000 clients, while continuing their work to prevent new infections through education and outreach. Your contribution of either an ad in our program and/or silent auction items will be seen by over 1400 prominent residents of the Coachella Valley, Los Angeles and beyond. For your convenience, we've enclosed a combination auction item and ad form which contains all the Information you will need to make your generous contribution. If you have any questions at all, please feel free to contact us: Ken Simpson - (760) 770-1517 - ksimpson@dc.rr.com Kevin Rochlitz - (760) 327-3990 Ext 131- krochlitz*dc.rr.com On behalf of the entire gala committee and Desert AIDS Project we want to thank you for your kindness and consideration. "We are each of us, angels with only one wing and we can fly only while embracing each other". We look forward to hearing from you soon. Warmest Regards,. Kenneth J. Simpson Chairman - Auction Committee Kevin T. Rochiitz Chairman - Program Ad Sales Committee 1695 North Sunrise Way P.O. Box 2890 Palm Springs, California 92263-2890 Fax 760 323-9865 Telephone 760 323-2118 www.desertaidsproject.org O L 2 r 0 U U v 6 x m O a- o- O ,3 y C u tLOo ��n h .OL r �Nv� CAM OL E C t tR /R U 0 O _N 0 � N O c a ~ O O x a N t ao 0 > '0 _ N O 0 Pi m 0) L j ° O O �O . 0 a U c •C C L L U O OOO •�t _ O _a C _N N y • N N 0 to a. N +. < UNL.� a- 3 v H • N v • > V 69- � U • 0 a x • N O O:� • 2 I� Nt c O x W) O 0 • LO O v = gem E Q N -� a to N 0 th O U -a • c U C • f� '� y O • '� •c O > C %- cn CL U < < :t U O c t > w 0 ° O 0 N .0 c .- 't o c 4)� v0 > x > • E 0 3 2 �� 0 0 oQ aci • := o '^ m a a rn s€€ ' 00 o h � rn� °a-•3 -aa H >= C m Q Q �- (3 O O > m 0 iy '0 0 � O N 0 U r.. 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Q U Q iv u. D 0 Cl 0 0 KI COUNCIL/RDA MEETING DATE: OCTOBER 5, 2004 ITEM TITLE: Demand Register Dated October 5, 2004 RECOMMENDATION: Approve Demand Register Dated October 5, 2004 BACKGROUND: Prepaid Warrants: 60271 - 602901 69,195.47 60291 - 603091 102,780.82 VOID 59944 & 60122) (20,365.00) Wire Transfers) 1295545.72 P/R 32301 - 323181 134,234.67 P/R Tax Transfers) 36,430.16 Payable Warrants: 60310 - 604281 1,084,867.66 $1,536,689.50 FISCAL IMPLICATIONS: Demand of Cash -City $1,370,582.06 Demand of Cash -RDA $166,107.44 John M. Falconer, Finance Director AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING v�1 CITY OF LA QUINTA BANK TRANSACTIONS 9/17/04 - 9/29/04 9 /23/04 WIRE TRANSFER - VISTA DUNES $31,500.00 9 /24/04 WIRE TRANSFER - ICMA $8,062.74 9 /24/04 WIRE TRANSFER - PERS $14,131.28 9 /28/04 WIRE TRANSFER - LAND MARK GOLF $63,616.70 9 /29/04 WIRE TRANSFER - VISTA DUNES $9,410.00 9 /29/04 WIRE TRANSFER - VISTA DUNES $2,825.00 TOTAL WIRE TRANSFERS OUT $129,545.72 O N 1 I \ 1 Y J I to IuQI O 1 W F- I O 1 = O I WNtY 1 uI.- I O u I I a m I I d Z I I 0 1 I O z 1 1 H 1 I w u W 1 I 0L O 1 1 IL I — I t,7 u 1 I.- z 1 Z� 1 Zrr I t- 1 O H 1 z I Zu I O t Qcc I 0 1 \ I u I u u I u I u V! 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COUNCIL/RDA MEETING DATE: October 5, 2004 ITEM TITLE: Approval of a Request for Proposals to Obtain Professional Engineering Services for the Highway 111 Street Improvements, from Adams Street to Jefferson Street, and Appoint a Consultant Selection Committee, Project No. 2001-07A RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Request for Proposals (RFP) (Attachment 1) for preparing plans, specifications, and engineer's estimates for the Highway 1 1 1 Street Improvements, from Adams Street to Jefferson Street, and approve the consultant selection committee, Project No. 2001-07A. FISCAL IMPLICATIONS: This project is scheduled to receive 100% funding for all improvements within the State right-of-way from the Coachella Valley Association of Governments (CVAG) through the Riverside County Transportation Commission (RCTC) from the Measure "A" State Highways Account. RCTC will reimburse the City upon completion of the project or in accordance with the phased reimbursement schedule approved by CVAG. CVAG's phased reimbursement schedule allocated $100,000 in Fiscal Year 2003/2004, $100,000 in Fiscal Year 2004/2005, $96,101 in Fiscal Year 2005/2006, $400,000 in Fiscal Year 2006/2007, $ 500,000 in Fiscal Year 2007/2008, and $664, 534 in Fiscal Year 2008/2009. Considering the project's local priority, the City Council chose to accelerate project activities by advancing the project's funding from the General Fund within the City's adopted Capital Improvement Plan for Fiscal Year 2004/2005. Staff is currently working to secure a Memorandum of Understanding (MOU) with RCTC for the joint development of the Highway 1 1 1 improvements. It is important to note that no costs may be incurred until the MOU has been approved by RCTC. v' 1 The following represents planning level budget allocations that have been established with RCTC and CVAG: Construction $834,000 Design Engineering $83,400 Construction Management $83,400 Construction Engineering $64,635 Right -of -Way $583,500 City Administration $41,700 Contingency . $170,000 Total Planning Level Estimate $1,860,635 City administration costs and/or any costs for improvements outside the State right-of- way are not eligible for reimbursement. CHARTER CITY IMPLICATIONS: None. This project will be constructed as a prevailing wage project because the funding Memorandum of Understanding with Riverside County Transportation Commission will require it. BACKGROUND AND OVERVIEW: The proposed improvements will widen Highway 111 to its ultimate General Plan Configuration, from Adams Street to Jefferson Street. This segment of Highway 111 is partially complete to six lanes with raised curb median. The unimproved portion is approximately one mile in length. Improvements include installing one 12' travel lane, an 8' shoulder, curb and gutter, an 8' sidewalk at select locations, handicap ramps, intersection and traffic signal modifications, signing and striping, and acquisition of right-of-way. The RFP solicits proposals from qualified engineering consultants to prepare plans, specifications, and probable construction estimates (PS&E) for the Highway 111 segment between Adams Street and Jefferson Street. The Consultant Selection Process as outlined within City Resolution 96-80 will be followed. The City Council, by this report, is notified of the potential need to contract for professional services in excess of $10, 000. The recommended consultant selection committee consists of: Timothy R. Jonasson, P.E., Public Works Director/City Engineer Steve Speer, P.E., Assistant City Engineer Nick Nickerson, Contract Project Manager 2 U' Contingent upon City Council approval of the RFP on October 5, 2004, the following represents the project schedule: City Council Approval of RFP Process MOU with RCTC Issue RFP Proposal Due Date Consultant Selection Process City Council Approval of MOU with RCTC and Award Design Contract Project Design (6 months) FINDINGS AND ALTERNATIVES: October 5, 2004 October 5 - December 20, 2004 October 6, 2004 November 15, 2004 November 16 - December 15, 2004 December 21, 2004 January - June 2005 The alternatives available to the City Council include: 1. Approve a Request for Proposals for preparing plans, specifications, and engineer's estimates for the Highway 1 1 1 Street Improvements, from Adams Street to Jefferson Street, and approve the consultant selection committee, Project No. 2001-07A; or 2. Do not approve a Request for Proposals for preparing plans, specifications, and engineer's estimates for the Highway 1 1 1 Street Improvements, from Adams Street to Jefferson Street, and do not approve the consultant selection committee, Project No. 2001-07A; or 3. Provide staff with alternative direction. Respectfully submitted, 12 Cimothy R. JoV son, P.E. 5Public W ksctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Request for Proposals U 3 �1 ATTACHMENT 1 CITY OF LA QUINTA REQUEST FOR PROPOSAL PROFESSIONAL ENGINEERING AND DESIGN SERVICES HIGHWAY 111 CORRIDOR IMPROVEMENTS The City of La Quinta requests proposals from qualified professional engineering consultants to prepare plans, specifications, and estimates for the Highway 111 Corridor Improvements. The proposed improvements will widen Highway 111 to its ultimate General Plan Configuration, from Adams Street to Jefferson Street. This segment of Highway 111 is partially complete to six lanes with raised curb median. The unimproved portion is approximately one mile in length. Improvements include installing one 12' travel lane, an 8' shoulder, curb and gutter, an 8' sidewalk at select locations, handicap ramps, intersection and traffic signal modifications, signing and striping, and acquisition of right-of-way in order to construct these improvements. Services Requested Services and products to be rendered in performing all work associated with project development may include, but may not be limited to: • Perform appropriate engineering related field survey, and base map preparation; • Research right-of-way needs and provide right-of-way acquisition services, as necessary; • Perform utility coordination and obtain clearances; • Perform coordination with the California Department of Transportation (Caltrans) District 8 and obtain any necessary encroachment permits; • Perform. coordination with local, regional, State and/or Federal agencies as necessary; • Prepare project plans, contract documents, bid documents, special provisions and engineer's estimates of probable construction costs. Project Development Process Generally, the project development process will be as follows: 1. Project Kick-off A. Initial meeting between the consultant and City staff to identify project design constraints and objectives. 4, Highway 111 Corridor Improvements a 2. 3. B. Consultant will prepare preliminary concept drawings as outlined in the project description and present to staff for review and comment. C. Based upon input received from staff, consultant will revise the improvement plans and concept plans for approval by staff. Agency Approval A. Consultant will submit improvement plan, concept plans, and/or other necessary documents to City to obtain approval. At a minimum the Consultant should plan on the following reviews: 1 It Review: Concept Review 2nd Review: 85-90% Plan Check (including specifications and estimates) 3`d Review: 100% Plan Check 4th Review: Screencheck B. Based upon comments received from the City, consultant will revise the preliminary Plans, Specifications, and Estimates (PS&E) and resubmit. C. Staff approved PS&E will be submitted to the La Quinta City Council for review and comment. Consultant will be expected to prepare any necessary supporting documentation. D. Based upon comments received from the City Council, consultant may be required to make additional corrections to the Plans, Specifications, and Estimates (PS&E). E. All approved plans will be provided to the City on compact disk in AutoCAD 14 or higher format, as well as on "Y size (24"x36") mylar. The project specification documents, including technical specifications, will be provided in digital medium in Microsoft Word for Windows format. The Engineer's estimate will be provided in Excel for Windows format. Bidding Phase The consultant will be expected to provide assistance in preparing the necessary documents and provide technical support during the bidding and award process. Highway 111 Corridor Improvements 4. Proposal Format Proposals (work proposal and cost proposal) are to be submitted in separate envelopes provided by the City, clearly marked with the consultant's name, address and phone number. Only one proposal per consultant will be considered. Questions regarding the RFP and/or other project related concerns should be directed to Mr. Nick Nickerson at (760) 323-5344. Proposal packages are to be submitted to the City on/or before November 15, 2004. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: Steve Speer, Assistant City Engineer City of La Quinta Public Works Department 78-495 Calle Tampico La Quinta, CA 92253 Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items: 1. Work Proposal (envelope 1) - submit 4 copies A. Cover Letter (1) The name, address and phone number of the consultant's contact person for the remainder of the selection process. (2) Any qualifying statements or comments regarding the consultant's proposal, the information provided in the RFP or the proposed contract. (3) Identification of sub -consultants and their responsibilities. B. Statement of Qualifications (1) A listing of proposed project personnel, including personal experiences and individual resumes for prime and sub - consultants. (2) Consultant's and sub consultant experience with similar work, including names and current phone numbers of reference for listed projects. C. Project Understanding and Approach A description of your project understanding and how you will approach the project. Highway 111 Corridor Improvements 6' t D. Scope of Work Program A detailed description of the tasks, sub -tasks, and deliverables that will be provided. E. Project Schedule A comprehensive project schedule is to be submitted describing the nature and scheduling of proposed tasks and reflecting January 3, 2005 as the start date. 2. Cost Proposal (envelope 2) The consultant is to submit a detailed cost proposal for all services and materials anticipated in completing the project. Man-hours and extended billing rates per classification of personnel will be indicated for each task and/or sub -task defined. Selection Process Work Programs will be reviewed by a Consultant Selection Committee. The Committee will rank the consultants for contract negotiations based upon the materials submitted within the Work Proposal. The Committee may choose to interview two or more closely -rated firms, but will not expect or schedule time for elaborate presentations. Cost proposals will be opened only after the ranking process is complete. The City will open contract negotiations with the top ranked firm. The successful consultant will be expected to enter into the attached Professional Services Agreement. Highway 111 Corridor Improvements 7 L ) T4ht 4 ,tP autKfw COUNCIL/RDA MEETING DATE: October 5, 2004 ITEM TITLE: Approval to Award a Contract for the Fiscal Year 2003/2004 Slurry Seal and Restriping Program, Project No. 2004-03 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a contract in the amount of $432,426 with American Asphalt South, Inc. to construct the Fiscal Year 2003/2004 Slurry Seal and Restriping Program, Project No. 2004-03. FISCAL IMPLICATIONS: This project is included within the Public Works/Engineering Department Operational Budget for Fiscal Year 2003/2004. Funding in the amount of $1,140,000 (Account Number 101-7003-431.34-04) is available for this project. Contingent upon City Council approval, available funding for the Fiscal Year 2003/2004 Slurry Seal and Restriping Program is as follows: Construction: $432,426 Inspection/Testing: $33,500 Administration: $21,600 Contingency: $43,250 Total: $530,776 The remaining fund balance, in the amount of $609,224, will be applied toward the pavement reconstruction portion of the City's Pavement Management Plan. The following streets are listed for reconstruction during Fiscal Year 2004/2005: Avenue 52, from Jefferson Street to Madison Street Madison Street, from Avenue 52 to approximately 2,650 linear feet south Monroe Street, from Avenue 58 to 2,660 linear feet south of Airport Boulevard The cost to reconstruct these facilities is currently estimated at $ 583,000. A separate contract with a revised cost estimate will be brought for City Council consideration for this work at a future date. CHARTER CITY IMPLICATIONS: None. The Memorandum of Understanding with the Riverside County Transportation Commission requires this project be advertised as a prevailing wage project. BACKGROUND AND OVERVIEW: On August 19, 2003, the City Council appropriated $205,206 from Gas Tax Funds, Account Number 201-000-300-290, and directed staff to implement the 2003/2004 Annual Pavement Preservation and Maintenance Program (PMP) - Scenario Number 21 maintaining an average Pavement Condition Index (PCI) rating of 80 or better. The PMP is a citywide survey that includes visual inspections of each City maintained street. A street inventory has been created, which includes: street widths, lane widths, number of lanes, function classification, date and type of construction, as well as last known surface treatment. The City's Fiscal Year 2003/2004 Slurry Seal and Restriping Program was submitted for City Council consideration on March 16, 2004. Following discussion, the City Council directed staff to evaluate each of the streets identified for re -striping against the City's new standards for wider bike lanes and/or left turn pockets. This evaluation was performed and submitted to the City Council along with the project bid documents. On May 4, 2004, the City Council approved the project specifications and bid documents and authorized staff to advertise for bid the Fiscal Year 2003/2004 Slurry Seal and Restriping Program, Project No. 2004-03. On August 25, 2004, two sealed bids were received for the construction of this project. American Asphalt South, Inc. submitted the lowest responsive bid in the combined amount of $432,426.01, which is 24% above the engineer's estimate for the base bid including the traditional slurry seal option. A rubberized slurry seal option was included in the bids; however, the bid for this option was over 40% above the bid for the conventional slurry overlay option and is therefore not recommended at this time. Staff will review the rubberized slurry manufacturer's durability claims to determine if this product should be considered for future resurfacing projects. A complete bid comparison summary is provided (Attachment 1). Contingent upon City Council approval to award the construction contract, the project schedule is as follows: City Council Construction Award October 5, 2004 Sign Contracts/Mobilization October 6 - October 22, 2004 Construction (45 days) October 25 - December 3, 2004 Accept Improvements January 2005 2 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a contract in the amount of $432,426 with American Asphalt South, Inc. to construct the Fiscal Year 2003/2004 Slurry Seal and Restriping Program, Project Number 2004-03; or 2. Do not approve a contract in the amount of $432,426 with American Asphalt South, Inc. to construct the Fiscal Year 2003/2004 Slurry Seal and Restriping Program, Project Number 2004-03; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. Jolirector/City asson, P.E. Public Works Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Bid Comparison Summary 2. Project Locations and Limits ATTACHMENT Description Engineer's Estimate American Asphalt South, Inc. Bond Blacktop, Inc. Base Bid Area - Crack Seal/Striping .$131,599.20 $115,968.50 $109,086.72 Alternate 1 - Traditional Slurry $217,049.05 $316,457.51 $336,426.03 Alternate 2 - Rubberized Slurry $785,133.20 $500,809.381 $543,561.78 Total Combined Bid (Award Basis) N/A $933,235.391 $989,074.53 Award Considerations: Base Bid Area plus Alternate 1 $348,648.25 $432,426.01 $445,512.75 Base Bid Area plus Alternate 2 $916,732.40 $616,777.881 $652,648.50 �t'�t ATT A CH M EAT 2 CITY OF LA QUIHTA FY 2003-2004 Slurry Seal and ReeWpin9 Program ODA lcr+T I nP_ATtnAt-QAMn LIMITS Street Adams Street Adams Street Adams Street Name From Avenue 48 n/s Avenue 47 Ns HlOway 111 Ns To Avenue 47 Ns Highway 111 s/s Westward Ho Drive s/s Square Feet 151,336 34,810 102,6W Adams Street Miles Ave. Ns La Palma Drive s/s -Wadno 98.475 Adams Street La Palma Drive s/s Fred Drive s/s 48,300 Adams Street Fred WaringDrive Ns Darn Road s/s 57,720 Avenida Carra a Calls Nogales Ns Cade Sonora s/s 40,960 Avenida Carran Calls Sonora Ns Calls Durango s/s 18,240 Avenida Diaz Calls Colima Ns Calls Nogales s/s 63,360 Avenida Diaz Calls Sonora Ns Calls Duran o s/s 18,400 Avenida H Calls Sonora Ns Calls Durango s/s -17,760 Avenida l.a F a EB aUe Tamazula e/s Calle Rondo w/s 31,375 Avenida La Fonpa WB Calls Tamazula e/s Calls Rondo w/s 31,760 Avenida La Tories Calls Rondo w/s Calls Quinto e/s 21,280 Avenida Martin Calls Sonora n/s Calls Durango s/s 17,920 Avenida Mendo a Cade Colima Ns Calls Nogales s/s 63,680 Avenida Mendoka Calls Sonora Ns Calls Durango s/s 18,240 Avenida NaraniO Calls Rondo w/s Calls Quinto a/s 16,320 Avenida NavarrO Calls Nogales Ns Cali' Sonora s/s 40,960 Avenida NavarrO Calls Sonora n/s Calle, Durango s/s 18,400 Avenida Nues Cale Rondo Calls Tamazula 40,320 Avenida ObregOn Avenida Montezuma n/s Avenida Montezuma res s/s 2,880 Avenida Ramir Calls Sonora Ns Calls Durango s/s 18,400 Avenida TuJung End Calls Quinto w/s 17,600 Avenida Tu'un Calls Quinto e/s Calls Rondo w/s 19,840 Avenida Ultimo W. End calls Rondo w/s 37,440 Avenida Vallejo Calls Nogales Ns Calls Sonora s/s 40,9W Avenida Vallejo I Calla Sonora n/s Calls Durango s/s 18.240 Avenida Velas Calle Colima Ns Calls Nogales s/s 63,680 Avenida Velas Calls Nogales Ns Tails Sonora s/s 41,280 Avenida Velas Calls Sinaloa Ns Avenida Montezuma s/s 41,280 Avenue 50 Logo Drive oft. Washington St. w/s 134,310 Avenue 50 WashingAon Street e/s Park Avenue w/s 181,080 Avenue 50 Jefferson Street e/s shared Madison Street We shared 155,700 Avenue 52 Avenida Bermudas e/s Washington St. w/s 1L78,280 Avenue 52 Washington Street w/s 20W e/o Washington Street 139,070 Avenue 52 20W e/o WashiniLon Street 51 W e% Washington Street 182,700 Avenue 52 51 W e/o Washington Street Jefferson Street w/s 167,400 Avenue 52 Jefferson Street e/s Madison Street e/s 130,375 Avnue 53 End Monroe Street w/s 94,800 Avenue 54 W/S Jefferson Ave. End 125,000 Calls Chihuahua Avenida Ramirez e/s Avenida Vallejo w/s 7,040 Calls Durango Avenida Montezuma e/s Eisenhower Drive w/s 110,720 Calls Ensenada Avenida Vallejo e/s Avenida Herrera w/s 7,040 Calla Ensenada Avenida Herrera e/s Avenida Velasco w/s 7,040 Calle Ensenada I Avenida Velasco e/s Eisenhower Drive w/s 7,040 Calla Ensenada Eisenhower Drive s/s Avenida Martinez w/s 7,040 Calls Ensenada Avenida Martinez e/s Avenida Mendoza w/s 7,040 Calls Ensenada Avenida Mendoza e/s Avenida Villa w/s 7,040 Calls Ensenada Avgnids Ob2gon e/s Avenida Carranza w/s 7,040 Calla Ensenada Avenida Carranze e/s Avenida Ramirez w/s 7,040 Calls Ensenada I Avenida Ramirez e/s Avenida Vall ' w/s 7,040 r , fop Calle Gua ma Calls Nogales Calls Nogales Calle Obispo Calls Paloma Calls Paloma Avenida Tu'un a s/s Avenida Juarez s/s Eisenhower Drive e/s End Avenida Tu'un a s/s Calls Tampico s/s Avenida Naran'a n/s Eisenhower Drive w/s Avenida Bermudas w/s Calle Tampico n/s Calls Tampico n/s La Fonda Ms 20►000 82,720 40,160 . 10,880 31.,360 20,000 Calls Paloma La Fonda s/s Avenida Nuestra n/s 18,880 Calle Quinto Avenida Nuestra n/s La Fonda Us 19,200 Calls Quinto La Fonda n/s ' Calls Tam ico s/s 19,840 Calls Quinto Calle Tampico n/s Avenida Ultimo s/s 41,280 Calls Rondo Calls Tampico s/s Avenida Nuestra n/s 40,800 Calls Rondo Avenida Ultimo s/s Calls Tampico n/s 40,800 Calls Sinaloa Avenida Montezuma e/s Eisenhower Drive w/s 105,920 Calls Sonora Avenida Montezuma e/s Eisenhower Drive w/s 103,680 Call& Tamazuca Avenida Nuestra n/s La Fonda s/s 19,200 Calls Tampico Avenida Bermudas w/s Washin n Street w/s 169,200 Calls Tampico Washington Street e/s Park Avenue e/s ' 96,120 Cameo Dunes face Cameo Palms n/s CDS 7,079 Camino Amarillp Ocotillo Drive w/s CDS 15,639 Camino Del Oro Camino Lavand w/s Ocotillo Drive e/s 9,720 Camino Lavan a CDS CDS 39,757 Camino Rosad Camino Azul w/s Ocotillo Drive w/s 22,580 Desert•Club Dri a Calls Tampico n/s CDS 35,000 Dune Palms Rc ad Avenue 48 Highway 111 180,200 Dune Palms Rc ad estward Ho Drive s/s Desert Stream Drive n/s 73,200 Dune Palms Rc ad Miles Avenue n/s Fred Wann Drive s/s 156,465 Eisenhower Dri ie Coachella Drive n/s Avenida Fernando s/s 46,420 Eisenhower D ' re Calls Tampico n/s Avenida Montezuma s/s 46,880 Estelo Court Villeta Drive CDS 8,910 Frances Hack L ane Avenida Bermudas e/s CDS 34,006 Fred Waring Dr ve Venice Drive w/s Palm Royal w/s 96,750 Golden Sands Cameo Palms Drive CDS 6,939 Jefferson Scree Vista Grande s/s Fiesta Drive n/s 47,430 La Palma Drive Camino Azul w/s Adams Street s/s 6,440 Las Vistas Driv Sanita Drive s/s Forbes Circle We 10,260 Lowe Drive Seeley Drive w/s North Harland Drive w/s 30,240 Miles Avenue Jefferson Ave. w/s Montecello Road w/s 59,670 Miles Avenue Adams. Street e/s North Harland e/s 63,640 Monroe Street Avenue 54 s/s shared 1086 n/o Airport Blvd. Shared 64,046 Monroe Street Avenue 53 n/s Avenue 52 s/s 33,280 Ocotillo Drive Fronterre Drive CDS 181,680 Palm Garden P ce Cameo Palms n/s CDS 7,824 Paloma Court alle Paloma w/s End 9,920 Sand Flower P ce smeo Palms n/s CDS 7,824 Seeley Drive Forbes Circle s/s Bradford Circle n/s 20,520 Seeley Drive Bradford Circle Miles Avenue 29,570 Simon Drive Washington Street*e/s Highway 111 s/s 63,135 Singing Palma Orive Washington Street w/s Cameo Palm Drive w/s 8,000 Singing Palms Qnve Cameo Palm Drive CDS 8,299 Washington Str#et Avenue 52 s/s ICalle Tampico n/s 110,200 Washin ton St et Frontal Highland Palm n/s I Washington Street w/s 30,000 5,256,001 CV 4 Sep aamrok COUNCIL/RDA MEETING DATE: October 5, 2004 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 29053-3, PM Renaissance, Trans West Housing, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution granting conditional approval of a Final Map and Subdivision Improvement Agreement (SIA) for Tract Map No. 29053-3, PM Renaissance, Trans West Housing, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 29053-3 is located west of Jefferson Street and north of Avenue 50 (Attachment 1). This residential development will consist of 26 lots on approximately 8.5 acres (Attachment 2). On August 5, 2003, the City Council approved Tentative Tract Map No. 29053, Extension 3. 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 developer has executed the SIA (Attachment 3) and the associated securities have been received. The Final Map is technically complete and is being routed for signatures. The developer expects all signatures will be in place within the time allowed for its conditional approval. t�v/ 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 (November 4, 2004), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk). Once this item is 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 Agreement for Tract Map No. 29053-3, PM Renaissance, Trans West Housing, Inc.; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 29053-3, PM Renaissance, Trans West Housing, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, Jim-4o6thy R. 4 na s n, P. E. Public Works Dir tor/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 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. 29053-3, PM RENAISSANCE, TRANS WEST HOUSING, 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 29053-3 is conditionally approved provided the subdivider submits all required items on or before November 4, 2004. Resolution No. 2004- Tract Map No. 29053-3, PM Renaissance Adopted: October 5, 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. 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 November 4, 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 5th day of October, 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 Resolution No. 2004- Tract Map No. 29053-3, PM Renaissance Adopted: October 5, 2004 Page 3 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 l,'Ui ATTACHMENT 1 HIGHWAY 111 AVENUE 48 RANCHO LA QUINTA COUNTRY CLUB AVENUE 49 SITE AVENUE 50 N LA QUINTA V) Z COUNTRY CLUB CITRUS COURSE I D (o 0 Z Z O LA QUINTA 0 AVENUE 51 u u- w ALI AVENUE 52 VICINITY MAP (NO SCALE) 6ow � o � � o � 4 a the w` 1 L I ell, GcstaS) . MOS AUMMoow r . if c ailLj • ~ law -� N C N C w 119. rn747 clans . gilt Eg R i3mc I �p it JoAe 1�tl ��Eil i� All + + + + e g© e 0 14TO 3a 31AW; tisw „3„ 101 min d-0Z "ON dVNJ2 jam Im A� � 3- ATTACHMENT 3 CITY OF LA QUINTA a SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO.29053-3 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 . by and between TRANS WEST HOUSING, 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. 29053-3 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Acr). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements'l. 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 fumish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. C:%Docur w is and 1 `t se&oSlGeoffDeskbpat=FstTE sw.doc ._ 2. 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 'W' 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 Subdividers expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, 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 �,r 13 CMocu name and Se, tkVlGeoMDesktoplOFFsrrE_slAdoC 2of7 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 3.13., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and . acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall. be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warr1r4y CADo nw4s=and Settings\Geoff0"ktopNOWSITE_SLkdoc 3 d7 : r a•� 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. 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. 15 C:ZoaxneMs and-Sedits%GeotD&Alop%OFFSITI�_SFA doc 4 of 7 '�~ Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. CRy 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 attomeys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed. as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. 16 C:Toc MMts and SettingsrooMesktoplOFFSITE_$Lkdoc' 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 Date ATTEST: City Clerk Principal Address Trans West Housing, 9968 Hibe&Fu San Dieg , By:_ Title: By: Title: Reviewed and Approved: City Engineer Date Approved as to Form: City Attorney Date 7 p '.04 Date Date C:\Doaxnwft and SeMingsW7eof 0esldoplOFFSITE_$Lkdoc 6of7. Exhibit A OFF -SITE SECURITY — TRACT MAP NO.29053-3 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 Avenue 50 Street Water Improvements Grading Utilities Traffic Signal (Lot I & Ave 50, 50%) Perimeter Landscaping Perimeter Blockwall (6ft high) Monumentation Totals Standard 10% Contingencey Total Construction Cost Professional Fees, Design 10% Professional Fees, Const 10% No Plans Contingency 25% Bond Amount $ 299,550 $ 299,550 $ 25,690 $ 25,690 $ 350 $ 350 $ 20,000 $ 20,000 $ 60,000 $ 60,000 $ 18,750 $ 18,750 $ 37,500 $ 37,500 $ 500 $ - $ 462,340 $ 461,840 $ 46,230 $ 46,180 $ 508,570 $ 508,020 $ 50,860 $ 50,800 $ 50,860 $ 50,800 $ 127,140 $ 127,010 S 737,430 $ 736,630 18 C:Wooxwbandsewng omoes1topk0FFsffE_sL.doc7 of State of California County of San Diego On September 10, 2004 before me, Denise E. Croom, Notary Public, personally appeared R. Geoffrey McComic, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. DEMISE E. CROOM Comrz;solon # 1317495 ' No-ri Public - California v_� ►01-%go County WConffin. EjVk sAug 11,20=M 19 ; , F. CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO.29053-3 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 by and between TRANS WEST HOUSING, 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. 29053-3 (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 fumish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. 20 r" C:Tocuments and Settings\Geofl\Desidop\ONSITE SLkdoc 1 of 7 B. Improvement security shall conform to 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 cant' 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 Jiq 21 c:l mments and SettingslGeoffU)esktoplONSITE Slkdoc 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 3.13., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner. 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by. City for performance of work or provision of materials under the terms of the warranty, y2rranty C:1 = reds and Set ingsrAoff0eWop%0NSITE_SIA.doc 3 of 7 i security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall .be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Majeure. In the event that Subdivider is unable to .perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final 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. 23 C:UDoaxnenta and Set ingsTveoff0esktopONSITE SIA-doc 4of7 :; y� 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. 24 s" C:Tocuments and set ings%ceoffloesktopwNsITE sw.doc 5 of 7" C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing Patty. 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 Principal Address Trans West Housing, Inc. 9968 Hibert St; Suite 102 San Diego, CA 92)11 /, By: . v - -A'y Title: By: Title: Reviewed and Approved: City Engineer Date Approved as to Form: City Attorney Date 9'-J-of Date Date 25 � I C:V)=M eats and Sett ftsrpeoff0esktop%ONStTE_Stkdoc 6 of 7 Exhibit A ON -SITE SECURITY — TRACT MAP NO.29053-3 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 $ 8,460 $ 8,460 On Site Street Improvements $ 203,370 $ 203,370 Domestic Water $ 87,080 $ 87,080 Sanitary Sewer $ 59,440 $ 59,440 Dry Utilities $ 79,950 $ 79,950 Landscape $ 42,500 $ 42,500 Monumentation $ 5,000 $ - Totals $ 485,800 $ 480,800 Standard 10% Contingencey $ 48,580 $ 48,080 Total Construction Cost $ 534,380 $ 528,880 Professional Fees, Design 10% $ 53,440 $ 52,890 Professional Fees, Const 10% $ 53,440 $ 52,890 No Plans Contingency 25% $ 133,600 $ 132,220 Bond Amount $ 774,860 $ 766,880 26 QU)m nests and Settings%Ceoff0esktop%ONSITE_SLkdoc 7 of 7 State of California County of San Diego On September 10, 2004 before me, Denise E. Croom, Notary Public, personally appeared R. Geoffrey McComic, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. SE E. CROOM tazion 0 1317495 Public - Califomia { Li-uo County ( Z- _-1L:--mAug 11, 20M DENNSE E. CROOM Com '—zz'on # 1317495 No orl r-Zlic - California it CO.1 Quo County Low�*CwmExpimAug11,2005 27 '�� T0 Iry 4&f 4 44P Qu&rA COUNCIL/RDA MEETING DATE: October 5, 2004 ITEM TITLE: Approval to Award a Contract for the Citywide Landscape Lighting Maintenance Contract, Project No. LMC 2004-04 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Award a contract to Bruce Kribbs Construction for Citywide Landscape Lighting Maintenance Contract, Project No. LMC 2004-04, in the amount of $162,000 per year. FISCAL IMPLICATIONS: The project's approved funding is as follows: 101-7004-431.32-07 Landscape Maintenance Contract Services $157,470 101-7005-431.32-07 Park Maintenance Contract Services $ 23,530 Total Funding Available: $181,000 The estimated costs for the Citywide Landscape Lighting Maintenance Contract, Project No. LMC 2004-04, based on the bid received September 23, 2004, are as follows: Contract Maintenance: $162,000 Contingency (10%): $ 16,200 Total Funding Required: $178,200 As indicated above adequate funding is available for this project. CHARTER CITY IMPLICATIONS: None. This project is funded by the Landscape and Lighting Assessment District No. 89-1 and the General Fund. Under the Charter City status, the City is not mandated to pay prevailing wage rates. S:\CityMgr\STAFF REPORTS ONLY\10-5-04\C 10 2004-04.DOC BACKGROUND AND OVERVIEW: This program provides for bi-weekly inspection of all landscape lighting systems located within the City's medians, parks, perimeter landscapes and parking facilities. The successful bidder shall also be responsible for all repairs to the referenced systems generated by the inspections, as well as by citizen comments. Costs associated with this contract shall include all labor, equipment, and incidental materials. All major components and materials shall be provided to the Contractor by the City. This enables staff to better monitor the work being performed and reduce the costs associated with material purchasing. The Contractor shall also be required to respond to and make repairs to hazardous situations (i.e. exposed wiring) within two hours of notification. On September 23, 2004, one sealed bid was received for this project from Bruce Kribbs Construction for $162,000, which is 25% above the engineer's estimate. Staff has bid this project twice and has received only one bid from Bruce Kribbs Construction each time. Staff therefore recommends selecting Bruce Kribbs Construction for the time being and consider rebidding next year when more bids may be received. Bruce Kribbs Construction posted adequate Bid Guaranty Bonds in accordance with the Contract Specifications, Section 1 100-15.0, BID GUARANTY. Staff has contacted references listed by Bruce Kribbs Construction as part of the bid package. Additionally, Bruce Kribbs Construction has satisfactorily completed various projects, including landscape lighting maintenance and repairs, for the City in the past. Therefore, based upon the submitted bid and past experience in the field, Bruce Kribbs Construction meets all of the qualifications as described in the Bid Specifications. The Contract Specifications provide for yearly extensions of the Contract, not to exceed four years at the City's discretion. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Award a contract to Bruce Kribbs Construction for Citywide Landscape Lighting Maintenance Contract, Project No. LIVIC 2004-04, in the amount of $162,000 per year; or 2. Do not award a contract to Bruce Kribbs Construction for Citywide Landscape Lighting Maintenance Contract, Project No. LMC 2004-04, in the amount of $162,000 per year; or 3. Provide staff with alternative direction. S:\CityMgr\STAFF REPORTS ONLY\10-5-04\C 10 2004-04.DOC 2 Respectfully submitted, Ti othy R J na , P. E. blic Wor Dir or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager T:\PWDEPT\COUNCIL\2004\10-05-04\C 10 2004-04.DOC 3 COUNCIL/RDA MEETING DATE: October 5, 2004 ITEM TITLE: Approval to Award a Contract for the Citywide Landscape Maintenance Contract, Project No. LMC 2004-05 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Award a contract to Lundeen Pacific Corporation for the Citywide Landscape Maintenance Contract, Project No. LMC 2004-05, in the amount of $765,000. FISCAL IMPLICATIONS: The project's approved funding is as follows: 101-7004-431.34-04 Landscape Maintenance Contract $500,250 101-7004-431.43-70 Landscape Tree Maintenance $ 40,000 101-7005-431.34-04 Park Maintenance Contract $249,750 101-7005-431.43-70 Park Tree Maintenance $ 10,000 Total Funding Available: $800,000 The following represents the estimated costs for the Citywide Landscape Maintenance Contract, Project No. LMC 2004-05, based on the bid received on September 23, 2004. Contract Maintenance: Contingency (4.5%): Total Funding Required: $765,000 $ 34,425 $799,425 As indicated above, adequate funding is available to fund this project. CHARTER CITY IMPLICATIONS: This project is funded by the Landscape and Lighting Assessment District 89-1 Funds and the General Fund. Therefore, under the Charter City status, the City is not mandated to pay prevailing wage rates. S:\CityMgr\STAFF REPORTS ONLY\10-5-04\C 11 2004-05.DOC �' BACKGROUND AND OVERVIEW: On May 4, 2004, the City Council approved the plans, specifications, and engineer's estimate and authorized staff to receive bids for the Citywide Landscape Maintenance Contract, Project No. LMC 2004-05. This program provides for weekly maintenance of all landscape areas located within the City's medians, parks and perimeter landscape. On July 1, 2004, one sealed bid was received in the amount of $859, 910. Based upon this bid a funding shortfall in the amount of $102,905 existed for the proposed contract. On August 3, 2004, City Council rejected all bids and authorized staff to re -advertise the Citywide Landscape Maintenance Contract. On September 23, 2004, one sealed bid was received for this project from Lundeen Pacific, Inc. in the amount of $765,000, which is approximately equal to the engineer's estimate. Staff has contacted references listed by Lundeen Pacific as part of the bid package. Additionally, Lundeen Pacific has satisfactorily completed various projects, including landscape maintenance for the City in the past. Therefore, based upon the submitted bid and past experience in the field, Lundeen Pacific meets all of the qualifications as described in the Bid Specifications. The Contract Specifications provide for yearly extensions of the contract, not to exceed four years at the City's discretion. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Award a contract to Lundeen Pacific Corporation for the Citywide Landscape Maintenance Contract, Project No. LMC 2004-05, in the amount of $765,000; or 2. Do not award a contract to Lundeen Pacific Corporation for the Citywide Landscape Maintenance Contract, Project No. LMC 2004-05, in the amount of $765,000; or 3. Provide staff with alternative direction. S:\CityMgr\STAFF REPORTS ONLY\10-5-04\C 11 2004-05.DOC 2 :,' Respectfully submitted, Al 4imothy onas 0o, P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager T:\PWDEPT\COUNCIL\2004\10-05-04\C 11 2004-05.DOC COUNCIL/RDA MEETING DATE: October 5, 2004 ITEM TITLE: Adoption of a Resolution Supporting Proposition 1 A — Californians to Protect Local Taxpayers and Public Safety RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council supporting Proposition 1 A - Californians to Protect Local Taxpayers and Public Safety. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Proposition 1 A — Californians to Protect Local Taxpayers and Public Safety, will go before voters on the November 2, 2004 statewide ballot. Proposition 1 A will limit the State's ability to take and use local government funding. Proposition 1 A will not raise taxes, but rather will help reduce pressure for local fee and tax increases by limiting state raids of local government funding. Attachment 1 contains more information regarding Proposition 1 A from the Secretary of State's web page. The League of California Cities is supporting Proposition 1 A, as is the La auinta Chamber of Commerce. Should the City Council choose to support Proposition 1 A, a copy of the Resolution will be forwarded to the League of California Cities, and to Yes on Prop 1 A for inclusion on their list of supporting organizations. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council supporting Proposition 1 A - Californians to Protect Local Taxpayers and Public Safety; or 2. Do not adopt a Resolution of the City Council supporting Proposition 1 A - Californians to Protect Local Taxpayers and Public Safety; or 3. Provide staff with alternative direction. Respectfully submitted, &ttt� Terry De finger, Manag ent Assistant .Approved for submission b Thomas P. Genovese, City Manager Attachment: 1. Information from Secretary of State's Web Site 2 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, SUPPORTING PROPOSITION 1 A — CALIFORNIANS TO PROTECT LOCAL TAXPAYERS AND PUBLIC SAFETY WHEREAS, state government currently seizes more than $5.2 billion annually in local property tax funds statewide from cities, counties and special districts, costing local governments more than $40 billion in lost revenues over the past 12 years; and WHEREAS, these ongoing shifts and raids by the state of local property tax funds and other funding dedicated to local governments have seriously reduced resources available for local fire and paramedic response, law enforcement, public health and emergency medical care, roads, parks, libraries, transportation and other essential local services; and WHEREAS, these funding raids also add pressure for local governments to increase fees and taxes to maintain basic local service levels; and WHEREAS, this drain of local resources has continued even during periods when the state's budget has been overflowing with surpluses; and WHEREAS, Proposition 1 A is a historic measure that will appear on the November 2004 statewide ballot that would limit the State's ability to take and use local government funding; and WHEREAS, by protecting local government funding, Prop 1 A would protect local public safety, healthcare and other essential local services; and WHEREAS, Prop 1 A will not raise taxes and, in fact, will help reduce pressure for local fee and tax increases by limiting state raids of local government funding; and WHEREAS, Prop 1 A does not reduce funding for schools or any other state program or service, and Prop 1 A was carefully written to allow flexibility in the event of a state budget emergency; and . WHEREAS, Prop 1 A is supported by a bipartisan, diverse coalition including Governor Schwarzenegger, Democrat and Republican legislative 3 �9 Resolution No. 2004- Support of Proposition 1 A Adopted: October 5, 2004 Page 2 leaders, local government officials, public safety representatives, healthcare, business, labor and community leaders. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, that: 1. We hereby express strong support for Proposition 1 A, the statewide ballot initiative that will prevent the state from further taking local government revenues; and 2. We will send a copy of this resolution to Yes on 1 A - Californians to Protect Local Taxpayers and Public Safety, Fax 916-442- 3510 or 1 121 L Street, #803, Sacramento, CA 95814. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of October, 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 (City Seal) 4 Resolution No. 2004- Support of Proposition 1 A Adopted: October 5, 2004 Page 3 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 5 PROPOSITION 1 VAI-1 PROTECTION OF LOCAL GOVERNMENT REVENUES Protection of Local Government Revenues • Protects local funding for public safety, health, libraries, parks, and other locally delivered services. • Prohibits the State from reducing local governments' property tax proceeds. • Allows the provisions to be suspended only if the Governor declares a fiscal necessity and two-thirds of the Legislature approve the suspension. Suspended funds must be repaid within three years. • Also requires local sales tax revenues to remain with local government and be spent for local purposes. • Requires the State to fund legislative mandates on local governments or suspend their operation. Summary of Legislative Analyst's Estimate of Net State and Local Government Fiscal Impact: • Significant changes to state authority over local finances. Higher local government rev- enues than otherwise would have been the case, possibly in the billions of dollars annu- ally over time. Any such local revenue impacts would result in decreased resources to the state of similar amounts. Final Votes Cast by the Legislature on SCA 4 (Proposition IA) Assembly: Ayes 64 Noes 13 Senate: Ayes 34 Noes 5 ANALYSIS BY THE LEGISLATIVE ANALYST BACKGROUND Local Government Funding California cities, counties, and special districts provide services such as fire and police protection, water, libraries, and .parks and recreation pro- grams. Local governments pay for these programs and services with money from local taxes, fees, and user charges; state and federal aid; and other sources. Three taxes play a major role in local finance because they raise significant sums of gen- eral-purpose revenues that local governments may use to pay for a variety of programs and services. These three taxes are the property tax, the uni- form local sales tax, and the vehicle license fee (VLF) . Many local governments also impose optional local sales taxes and use these revenues to support specific programs, such as transportation. Figure 1 provides information on these major rev- enue sources. State Authority Over Local Finance The State Constitution and existing statutes give the Legislature authority over the taxes described in Figure 1. For example, the Legislature has some authority to change tax rates; items subject to taxation; and the distribution of tax revenues among local governments, schools, and communi- ty college districts. The state has used this authority for many purposes, including increasing funding for local services, reducing state costs, reducing taxation, addressing concerns regarding funding for particular local governments, and restructuring local finance. Figure 2 describes some of these past actions the Legislature has taken. Requirement to Reimburse for State Mandates The State Constitution generally requires the state to reimburse local governments, schools, and community college districts when the state 0 I Title and Summary/Analysis .;JJ PROTECTION OF LOCAL GOVERNMENT REVENUES ANALYSIS BY THE LEGISLATIVE ANALYST LOCAL GOVERNMENT TAXES Pro a Tax • Local governments receive general-purpose revenues from a 1 percent property tax levied on real property. • During the 2003-04 fiscal year, local governments received approximately $15 billion in property tax revenues. (An additional $16 billion in property taxes went to schools and community colleges.) -There is wide variation in the share of property taxes received by individual local governments. This variation largely reflects differences among local agency property tax rates during the mid-1970s, the period on which the state's property tax allocation laws are based. Vehicle License Fee VLF *The VLF is a tax levied annually on the value of vehicles registered in the state. • For about a half century, the VLF rate was 2 percent of vehicle value. In 1999, the Legislature began reducing the rate charged to vehicle owners, with the state "backfilling" the resulting city and county revenue losses. • During 2003-04, the VLF (set at a rate of 0.65 percent of vehicle value) and the VLF backfill would have provided about $5.9 billion to cities and counties. The state, however, deferred payment of part of the backfill to 2006. • Under current law, most VLF revenues are allocated to counties for health and social services programs. Some VLF revenues are allocated to cities for general purposes. Local Sales Tax Uniform • Cities and counties receive revenues from a uniform local sales tax levied on the purchase price of most goods —such as clothing, automobiles, and restaurant meals. This tax is sometimes called the "Bradley -Burns" sales tax. • During 2003-04, this tax was levied at a rate of 1.25 percent and generated about $5.9 billion. *Undercurrent law, 80 percent of sales tax revenues is distributed to local governments based on where sales occur —to a city if the sale occurs within its boundaries, or to a county if the sale occurs in an unincorporated area. The remaining 20 percent of local sales tax revenues is allocated to counties for transportation purposes. • Beginning in 2004-05, local governments will receive additional property taxes to replace some local sales tax revenues that are pledged to pay debt service on state deficit -related bonds, approved by voters in March 2004. Local Sales Tax (Optional • Cities and counties can impose certain additional sales taxes for local purposes. • During 2003-04, 40 jurisdictions levied these optional sales taxes and generated about $3.1 billion. • Most revenues are used for transportation purposes. "mandates" a new local program or higher level of service. For exampple, the state requires local agen- cies to post agendas for their hearings. As a man- date, the state must pay local governments, schools, and community college districts for their costs to post these agendas. Because of the state's budget difficulties, the state has not provided in recent years reimbursements for many mandated costs. Currently, the state owes these local agencies about $2 billion for the prior -year costs of state - mandated programs. In other cases, the state has "suspended" state mandates, eliminating both local government responsibility for complying with the mandate and the need for state reim- bursements. PROPOSAL Limitations on Legislature's Authority to Change Local Revenues This measure amends the State Constitution to significantly reduce the state's authority over MAJOR STATE ACTIONS AFFECTING LOCAL FINANCE Increasing Funding for Local Services. In 1979, the state shifted an ongoing share of the property tax from schools and community colleges to local governments (cities, counties, and special districts). This shift limited local government program reductions after the revenue losses resulting from the passage of Proposition 13, but increased state costs to backfill schools' and community colleges' property tax losses. Reducing State Costs. In 1992 and 1993, the state shifted an ongoing share of property taxes from local governments to schools and community colleges. In 2004, the state enacted a similar two-year shift of property taxes ($1.3 billion annually) from local governments to schools and community colleges. These shifts had the effect of reducing local government resources and reducing state costs. The state also reduced its costs by deferring payments to local governments for state mandate reimbursements (most notably in 2002, 2003, and 2004) and for a portion of the vehicle license fee (VLF) "backfill" (2003), described below. Reducing Taxation. Beginning in 1999, the state reduced the VLF rate to provide tax relief. The state backfilled the resulting city and county revenue losses. Addressing Concerns Regarding Funding for Specific Local Governments. In the past, the state has at various times adjusted the annual allocation of property taxes and VLF revenues to assist cities that received very low shares of the local property tax. Restructuring Local Finance. In 2004, the state replaced city and county VLF backfill revenues with property taxes shifted from schools and community colleges. For text of Proposition 1 A see page 16. Anal�i 0 7 PROTECTION OF LOCAL GOVERNMENT REVENUES ANALYSIS BY THE LEGISLATIVE ANALYST (CONT.) major local government revenue sources. Under the measure the state could not: • Reduce Local Sales Tax Rates or Alter the Method of Allocation. The measure prohibits the state from: reducing any local sales tax rate, limiting exist- ing local government authority to levy a sales tax rate, or changing the allocation of local sales tax revenues. For example, the state could not reduce a city's uniform or optional sales tax rate, or enact laws that shift sales taxes from a city to the county in which it is located. • Shift ft Properly Taxes From Local Governments to Schools or Community Colleges. The measure gen- erally prohibits the state from shifting to schools or community colleges any share of property tax revenues allocated to local governments for any fiscal year under the laws in effect as of November 3, 2004. The measure also specifies that any change in how property tax revenues are shared among local governments within a county must be approved by two-thirds of both houses of the Legislature (instead of by majority votes). For example, state actions that shifted a share of property tax revenues from one local special district to another, or from a city to the county, would require approval by two-thirds of both houses of the Legislature. Finally, the meas- ure prohibits the state from reducing the prop- erty tax revenues provided to cities and counties as replacement for the local sales tax revenues redirected to the state and pledged to pay debt service on state deficit -related bonds approved by voters in March 2004. • Decrease VLF Revenues Without Providing Replacement Funding. If the state reduces the VLF rate below its current level, the measure requires the state to provide local governments with equal replacement revenues. The measure also requires the state to allocate VLF revenues to county health and social services programs and local governments. The measure provides two significant excep- tions to the above restrictions regarding sales and property taxes. First, beginning in 2008-09, the state may shift to schools and community colleges a limited amount of local government property tax revenues if. the Governor proclaims that the shift is needed due to a severe state financial hardship, the Legislature approves the shift with a two-thirds vote of both houses, and certain other conditions are met. The state must repay local governments for their property tax losses, with interest, within three years. Second, the measure allows the state to approve voluntary exchanges of local sales tax and property tax revenues among local govern- ments within a county. State Mandates The measure amends the State Constitution to require the state to suspend certain state laws cre- ating mandates in any year that the state does not fully reimburse local governments for their costs to comply with the mandates. Specifically, begin- ning July 1, 2005, the measure requires the state to either fully fund each mandate affecting cities, counties, and special districts or suspend the man- date's requirements for the fiscal year. This provi- sion does not apply to mandates relating to schools or community colleges, or to those man- dates relating to employee rights. The measure also appears to expand the circum- stances under which the state would be responsi- ble for reimbursing cities, counties, and special districts for carrying out new state requirements. Specifically, the measure defines as a mandate state actions that transfer to local governments financial responsibility for a required program for which the state previously had complete or partial financial responsibility. Under current law, some such transfers of financial responsibilities may not be considered a state mandate. Related Provisions in Proposition 65 Proposition 65 on this ballot contains similar provisions affecting local government finance and mandates. (The nearby box provides information on the major similarities and differences between these measures.) Proposition 1A specifically states that if it and Proposition 65 are approved and Proposition lA receives more yes votes, none of the provisions of Proposition 65 will go into effect. FiscAL EFFECTS Proposition 1A would reduce state authority over local finances. Over time, it could have signif- icant fiscal impacts on state and local govern- ments, as described below. Long -Term Effect on Local and State Finance Higher and More Stable Local Government Revenues. Given the number and magnitude of past state actions affecting local taxes, this mea- sure's restrictions on state authority to enact such measures in the future would have potentially major fiscal effects on local governments. For example, the state could not enact measures that permanently shift property taxes from local gov- ernments to schools in order to reduce state costs for education programs. In these cases, this measure I Analysis PROTECTION OF LOCAL GOVERNMENT REVENUES ' ANALYSIS BY THE LEGISLATIVE ANALYST (CONT•) PROPOSITIONS 1 A AND . Propositions 1 A and 65 both amend the State Constitution to achieve three general objectives regarding state and local government finance. The similarities and differences between the two measures are highlighted below. Limits State Authority to Reduce MWor Local Tax Revenues Effect on 2004-05 State Budget. • Proposition 65's restrictions apply to state actions taken over the last year, and thus would prevent a major component of the 2004-05 budget plan (a $1.3 billion property tax shift in 2004-05 and again in 2005-06) from taking effect unless approved by the state's voters at the subsequent statewide election. • Proposition 1A's restrictions apply to future state actions only, and would allow the planned $1.3 billion property tax shift to occur in both years. Effect on Future State Budgets. -Proposition 65 allows the state to modify major local tax revenues for the fiscal benefit of the state, but only with the approval of the state's voters. • Proposition 1A prohibits such state changes, except for limited, short-term shifting of local property taxes. The state must repay local governments for these property tax losses within three years. Reduces State Authority to Reallocate Tax Revenues Among Local Governments Effect an Revenue Allocation. • Proposition 65 generally requires state voter approval before the state can reduce any individual local government's revenues from the property tax, uniform local sales tax, or vehicle license fee (VLF). *Proposition lA prohibits the state from reducing any local government's revenues from local sales taxes, but maintains some state authority to alter the allocation of property tax revenues, VLF revenues, and other taxes. Proposition 1A does not include a state voter approval requirement. Local Governments Affected. • Proposition 65's restrictions apply to cities, counties, special districts, and redevelopment agencies. • Proposition 1A's restrictions do not apply to redevelopment agencies. Restricts State Authority to Impose Mandates on Local Governments Without Reimbursement • Proposition 65 authorizes local governments, schools, and community college districts to decide whether or not to comply with a state requirement if the state does not fully reimburse local costs. • Proposition 1A's mandate provisions do not apply to schools and community colleges. If the state does not fund a mandate in any year, the state must eliminate local government's duty to implement it for that same time period. would result in local government revenues being more stable —and higher —than otherwise would be the case. The magnitude of increased local rev- enues is unknown and would depend on future actions by the state. Given past actions by the state, however, this increase in local government rev- enues could be in the billions of dollars annually. These increased local revenues could result in higher spending on local programs or decreased local fees or taxes. Lower Resources for State Programs. In general, the measure's effect on state finances would be the opposite of its effect on local finances. That is, this measure could result in decreased resources being available for state programs than otherwise would be the case. This reduction, in turn, would affect state spending and/or taxes. For example, because the state could not use local government property taxes permanently as part of the state's budget solution, the Legislature would need to take alternative actions to resolve the state's budget difficulties —such as increasing state taxes or decreasing spending on other state programs. As with the local impact, the total fiscal effect also could be in the billions of dollars annually. Less Change to the Revenue of Individual Local Governments. Proposition 1A restricts the state's authority to reallocate local tax revenues to address concerns regarding funding for specific local governments or to restructure local govern- ment finance. For example, the state could not enact measures that changed how local sales tax revenues are allocated to cities and counties. In addition, measures that reallocated property taxes among local governments in a county would require approval by two-thirds of the Members of each house of the Legislature (rather than majori- ty votes) . As a result, this measure would result in fewer changes to local government revenues than otherwise would have been the case. Effect on Local Programs and State Reimbursements Because the measure appears to expand the cir- cumstances under which the state is required to reimburse local agencies, the measure may increase future state costs or alter future state actions regarding local or jointly funded state -local programs. While it is not possible to determine the cost to reimburse local agencies for potential future state actions, our review of state measures enacted in the past suggests that, over time, increased state reimbursement costs may exceed a hundred million dollars annually. For text of Proposition 1 A see page 16, 9 Analysis PROTECTION OF LOCAL GOVERNMENT REVENUES PROPOSITION IA —A HISTORIC AGREEMENT TO PROTECT LOCAL TAXPAYERS AND VITAL LOCAL GOVERNMENT SERVICES. Proposition IA is a historic bipartisan agreement among local governments, public . safety leaders, the State Legislature, Republican Governor Arnold Schwarzenegger, and is authored by Democratic State Senator Tom Torlakson. Proposition IA prevents the State from taking and using funding that local governments need to provide services like fire and paramedic response, law enforcement, health care, parks, and libraries. These individuals and groups urge a YES vote: • Governor Schwarzenegger • State Controller Steve Westly • California Professional Firefighters • California Fire Chiefs Association • California Police Chiefs Association • California State Sheriffs' Association • California Association of Public Hospitals and Health Systems • League of California Cities • California Special Districts Association • California State Association of Counties PROPOSITION IA IS NEEDED TO STOP THE STATE FROM TAKING LOCAL GOVERNMENT FUNDING, For more than a dozen years, the State has been taking local tax dollars that local governments use to provide essential services --more than $4.0 billion in the last 12 years. Even in years with state budget surpluses, the State has taken billions of local tax dollars. These State raids result in fewer firefighters, fewer law enforce- ment officers, longer waits in emergency rooms —or higher local taxes and fees. PROPOSITION IA PROTECTS PUBLIC SAFETY, EMER GENCY HEALTH CARE, AND OTHER LOCAL SERVICES. Local governments spend a vast majority of their bud- gets providing critical services, including: • Fire protection • Paramedic response • Law enforcement • Emergency medical • Health care • Parks and libraries Proposition IA was cooked up at the last minute as part of a bad budget deal. There were no public hearings. Proposition lA protects local ,governments, but it hurts education, by allowing the State to raid your property taxes that fund your local schools. And it puts that into the State Constitution! Proposition IA prevents the Legislature from low- ering taxes by locking in the local sales tax rate. That goes into the State Constitution too! Proposition IA jeopardizes critical programs. As California's fiscal challenges continue, the State budget Cities and counties also revitalize downtowns and create jobs and affordable housing using redevelopment agency funding. Redevelopment agency tax increment revenues are already protected by the State Constitution and do not need to be further protected by Proposition IA. PROPOSITION 1A PROTECTS LOCAL TAXPAYERS AND WON'T RAISE TAXES. Proposition IA will not raise taxes. It simply ensures that existing local tax dollars continue to be dedicated to local services. It also helps ensure local governments aren't forced to raise taxes or fees to make up for revenue raided by the State. PROPOSITION IA PROVIDES FLEXIBILITY IN A STATE BUDGET EMERGENCY —AND WON'T TAKE FUNDING FROM SCHOOLS OR OTHER STATE PROGRAMS. Proposition lA protects only existing levels of local fund- ing. It does not reduce funding for schools or other state programs. And, IA was carefully written to allow flexibility. It allows the State to borrow local government revenues — only in the event of a fiscal emergency —if fiends are need- ed to support schools or other state programs. PROPOSITION IA IS A BETTER APPROACII THAT REPLACES THE NEED FOR PROPOSITION 65. Proposition 65 was put on the ballot earlier this year before this historic agreement was reached. Proposition IA is a better, more flexible approach to protect local ser- vices and tax dollars. That's why ALI, of the official propo- nents of 65 are now ENDORSING PROPOSITION IA AND OPPOSING PROPOSITION 65. Join Governor Schwarzenegger, Senator Torlakson, fire- fighters, police officers, sheriffs, paramedics, health care leaders, taxpayers, business and labor leaders. PROTECT LOCAL TAXPAYERS AND PUBLIC SAFETY. Vote YES on PROPOSITION IA. Vote NO on PROPOSI- TION 65. GOVERNOR ARNOLD SCHWARZENEGGER CHIEF MIC:HAEL WARREN, President California Fire Chiefs Association SHERIFF ROBERT T. DOYLE, President California State Sheriffs' Association ax will fall even harder on funding for K-12 educa- tion, higher education, children's health care, pro- grams for seniors, and public safety. Proposition IA gives local politicians a blank check ,without any scrutiny over how the money is spent. We can do better. We deserve better. Vote NO on Proposition IA. CAROLE MIGDEN, Chairwoman State Board of Equalization 10 -i I Arguments frig, aunts bri. nle° j oil GIttS ifb�+' atr lltr, t' }1r2?(,3tS tiJ 1J7!- a'L dwrS twd h(ror )tot +�eett (,he(P(;d� 16r acoinvy by an3 ty/ir?,at agremy. ?99 PROTECTION OF LOCAL GOVERNMENT REVENUES We should protect local taxpayers, not irresponsible spending by local governments. Vote NO on Proposition 1A. As Chairwoman of the State Board of Equalization, I know that too many branches of government waste too much money. Proposition 1A gives local governments a spending guarantee without any fiscal accountability or oversight. It's a blank check for spending and turns a blind eye to waste. Did you know that the City of Stockton is emptying its cash reserves to build a downtown arena, but at the same time they're trying to raise taxes to pay for police officers and firefighters?. They've got their priorities backwards. Did you know that the City of Los Angeles raised their water rates, but at the same time they're being audited for wasting millions on unnecessary public relations contracts? California has a responsibility to help and support local governments. We are all in this together. But NO one should be exempt from fiscal oversight and accountability. Checks and balances are essential. Public schools in California are funded by Proposition 98. But in 1988, California's teachers included specific language to hold school districts accountable for the money they spend. Contrary to misleading claims made by the opponent of IA, THIS MEASURE INCREASES FISCAL ACCOUNT- ABILITY. Prop. 1A increases local budget accountability by keeping tax dollars close to home, where voters have more control. Prop. IA will also make the State more accountable by preventing it from taking and using local government funds —except in a fiscal emergency. FOR YEARS, ,THE STATE HAS HAD A BLANK CHECK to take your local tax dollars. PROP. I TEARS UP THAT BLANK CHECK and requires the State to live within its means. The opponent would have you believe the State is in a better position to manage your local tax dollars than your city or county leaders. In fact, over the past decade, cities and counties have tightened their belts, increased account- ability, and prioritized spending for essential local services. Prop. IA does NOT increase local government funding and does not take one dime from schools, state health care services, or any other state program or service. There is NO fiscal accountability provision in Proposition IA. Every new school bond we've placed on the ballot contains specific accountability provisions to guarantee that the money is spent the way the voters intend. There is NO fiscal accountability provision in Proposition ]A. Every one of California's Water, Parks, and Wildlife bonds had strict accountability provisions. There is NO fiscal accountability provision in Proposition IA. California is facing serious budget challenges. There have been great sacrifices made to meet those chal- lenges ... cuts in children's health care, nursing home care, and college admissions. Why should local politicians get a blank check? I say NO they shouldn't. Why should local politicians get a guarantee that sick children don't get? I say NO they shouldn't. This NO fiscal accountability Proposition deserves a NO vote! Please join me in voting NO on Proposition IA. CAROLE MIGDEN, Chairwoman. ,State Board of Equalization Prop. IA does NOT increase taxes. The measure PRO- TECTS EXISTING LOCAL TAX DOLLARS —WHICH ARE USED TO PROVIDE FIREFIGHTING, LAW ENFORCEMENT, EMERGENCY ROOM CARE, PARA- MEDIC RESPONSE, and other essential local services. Prop. IA supporters know it's time to end business as usual in Sacramento and stop the State from taking and using local government funds. Join Governor Schwarzenegger, firefighters, law enforce- ment officers, paramedics, and taxpayer groups. PROTECT LOCAL. TAXPAYERS AND PUBLIC SAFETY SERVICES. VOTE YES on IA. SENATOR TOM TORI..AKSON, Chair Senate Committee on Local Government LOU PAULSON, President California Professional Firefighters CAM SANCHEZ, President California Police Chiefs Association 11 -� 9g-t1d17eni,S lniidled )n this �&igr am the o�pinioos (>� {.�i.r authors and have, not bi'tw checked ft1?' (d{'{''1f17;(.y b an (1 tfil llt {'Ili i'. Arguments ail v CV AGENDA CATEGORY: OF 'ftlti BUSINESS SESSION: COUNCIL/RDA MEETING DATE: October 5, 2004 9 CONSENT CALENDAR: ITEM TITLE: Approval of Ratification of a Contract STUDY SESSION: with Esgil Corporation for Plan Review Services PUBLIC HEARING: RECOMMENDATION: Approve ratification of the contract with Esgil Corporation for plan review services. FISCAL IMPLICATIONS: The schedule of compensation is detailed in the contract which is included as Attachment 1. All costs associated with this contract are offset by the plan review fees. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In order to provide an acceptable level of service as it relates to plan review turn around time, the City contracts with outside professional consultants to supplement in house staff. The consultants are also utilized to review more complex structures such as large commercial projects. The contact is not exclusive and the service is utilized on an as needed basis. The City Manager has already signed the contract under consideration in order that Esgil could be assigned projects immediately; however, it is anticipated that the yearly amount will exceed his signing authority of $15, 000 and therefore must be ratified by the City Council. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve ratification of the contract with Esgil Corporation for plan review services; or 2. Do not approve ratification of the contract for plan review services; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung Building and Safety Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Contract with Esgil Corporation ATTACHMENT 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUiNTA, ("City"), a California municipal corporation, and Esgii Corporation, a Califomia Corporation ("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 Plan Review 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, 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 percent (5 %) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 3 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 on a time and material basis in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed (See Exhibit "B") (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 Maieure. The time periodspecified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services. for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4 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. Richard James Esgate 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 Thomas P. Genovese or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of ' the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant,- its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other, entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any,of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant' shall perform, all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses. arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and AW naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Iniury/Property Damage Coverage } Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $ 500,000 per individual; $1,000,000 per occurrence. Consultant shall carry automobile liability insurance of •$1,000,000 per accident against all claims for injuries against persons or -damages to property arising out of the use of any automobile by Consultant, its officers,. any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, -or agents. 5.2 Indemnification. 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. 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: 1rV 6 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 Regorts. 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 shad 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 Ownershio of Documents. Originals of all drawings, specifications, reports, records,. documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance. of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of .the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 1� i 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 fiction, 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, exceptas 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 i 8 8 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. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager P.O. Box 1504 La Quinta, California 92247.-1504 To Consultant: EsGil Corporation Attention: Richard Esgate 9320 Chesapeake Drive, Suite 208 San Diego, CA, 92123 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. IN WITNESS. WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation t �1 Date: C3 Thomas P. Genovese, City Manager ATTEST: r ju-n4-ereA, City Clerk APPROVED TO FORM• M. Katherine JeAson,. City A rney CONSULTANT By Ni Ti- Date: o Exhibit A Scope of Services 1. Perform traditional preliminary plan review consultations in Esgil Corporation's main office by meetings or by telephone. 2. Perform traditional initial plan review of submitted plans to determine with City adopted: California Building Code (including Energy Conservation and Disabled Access) California Plumbing Code California Mechanical Code California Electrical Code 3. Provide the City a typed list (and electronic copy) of items needing clarification or change to achieve conformance with the above regulations. 4. Perform all necessary liaison with the applicant's designee, by telephone, fax, mail,e-mail or meeting in Consultant's main office, and perform all necessary rechecks to achieve conformance to the regulations. 5. Perform all necessary liaison with the Building Official or his designee, by telephone, fax, mail, e-mail or meeting 'in Consultant's main office, to insure compliance with California Building Code Sections 104.2.7 and 104.2.8 and to insure compliance with local policy interpretations. 6. Perform plan reviews of revisions to plans that have been previously approved for permit issuance. 7. Perform extra work when requested in writing by. -the City. 8. Attend meetings. related to proposed building projects at the request of the Building Official at locations other than Consultant's office. 0 4 11 Exhibit B Schedule of Compensation Compensation for each plan reviewed under Exhibit "A" (Scope of Services), Items 1-5 shall be 75% of the City plan review fee. Compensation for structural -only plan reviews is reduced to 40% of the City building permit fee. The single fee includes all rechecks, plan check conferences at Consultant's office, reviewing plans that are initially found to be incomplete and for transmitting the plans back to the jurisdiction. Compensation for each plan reviewed under Exhibit "A" Scope of Services, Item 6 shall be . calculated either the same as in Item 1, above, or shall be based on Consultant's current Labor Rate Schedule (attached as the final page of this document). The method of calculating compensation for each such plan reviewed shall be as agreed to by the Building Official and the Consultant. Compensation for each plan reviewed. under Exhibit "A" Scope of Services, Items 7 and 8 shall be based on Consultant's current Labor Rate Schedule (attached as the final page of this document). 12 Exhibit C Schedule of 'Performance 1. SERVICE LEVEL GOALS The Consultant agrees to provide adequate resources to achieve the following service delivery goals for timely performance of the work over which the Consultant has decision authority. ITEM SERVICE GOAL 1. Buildings less than four stories and of 1. Complete initial plan review in less normal complexity. than twelve work days. 2. Buildings four or more. stories in 2. Complete initial plan review in less height or of unusual complexity. than fifteen working days or as agreed by Building Official and Consultant. 3. Residential and minor building 3. Complete initial plan review in less projects. than 8 work days. Service level goals are subject to modification upon mutual agreement of Consultant and City. 2. WORk DAY DEFINITION For the purpose of measuring performance, the work days specified in Item 1, above exclude the day plans were received and include the day a plan review has been completed. Work days do not include Saturdays, Sundays, or City holidays. 13 Exhibit D Special Requirements 1. WORK TO BE PERFORMED BY CITY. The City shall perform the following work: A. Arrange and pay the cost of shipping one set of plans and documents *to the Consultant's office. B. Obtain from the applicant, at the time of project submittal, the necessary. items to allow plan review to be completed in the shortest overall time frame. Necessary items include, but are not limited to, complete plans; construction specifications; soil reports; energy calculations; structural calculations; the name, address and telephone number of the applicant's designated contact person and similar items that may be unique to a particular project. C. Provide the valuation for the proposed construction or instruct the Consultant to calculate the valuation. D. Provide the Consultant with copies of any City ordinances that modify the regulations listed in Exhibit "A" (Scope of Services), Item 2. 2. EXTRA WORK. The Consultant shall not perform extra. work as listed in Exhibit "A" (Scope of Services), Items 7 and 8 without written authorization from the Building Official or Building & Safety Manager. 14 ESGIL CORPORATION LABOR RATES-SMAUK LE PREFERRED . Ci:ASSIFICATION * RATE.* Division Manager,.. _ $157.5.0 Supervising Structural Engineer 148.43 112.00 Civil, Electrical, V.C.E ' 115:50 87.15 . Electrical Engineer, •E.E. 115.50 87.15 Mechanical Engineer, M.E. .11560 87:15 Structural Engineer, S.E. 129:88 98.00 - EnergyPlans Examiner; C:B.C.T 1:15.50 87:15 I.C.B.O. Plans Examiner :• 98.70. : 74.55 Supervising Building Inspector 105.00 78.75 - Building Inspector 89.25 • 67.20 Permit Specialist •80.85• 60.90 Word Processing . _ 55.65 42.00. Clerical Support 57.80 28.35 Corporate Attorney : 8.0.35 210.00. Nam, :: : Tourly 1. Labor rates are only used -for work-Whcn requested.by our el-ients, where a Building Code plan review .fee is not applicable or appropriate: 2. Preferred rates-are:used for -all client-j-xviWietions where Esgil Corporation has a current approved plan review contract. in • plwe.• 3. The rates do•not include expenses resulting -from --transportation; meals, dodging and similar. costs :when Esgit Corporation is providing services :outside •the •greater San Diego County. area: (Rates -are evaluated each year.) 3/25/03 4 a r• 10 15 COUNCIL/RDA MEETING DATE: October 5, 2004 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 31876, Villa Capri, Mayer Villa Capri, L.P. RECOMMENDATION: Adopt a Resolution granting conditional Improvement Agreement (SIA) for Parcel Capri, L.P. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: approval of a Final Map and Subdivision Map No. 31876, Villa Capri, Mayer Villa Parcel Map No. 31876 is located east of Washington Street and north of Fred Waring Drive (Attachment 1). This residential development will consist of 2 lots on approximately 25.1 acres (Attachment 2). On December 15, 2003, the Planning Directors hearing approved Tentative Parcel Map No. 31876, subject to conditions. 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 developer has executed the SIA (Attachment 3) but the associated securities have not 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. S:\CityMgr\STAFF REPORTS ONLY\10-5-04\C 5 31876.doc 1 1 V 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 (November 4, 2004), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and the 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 Agreement for Parcel Map No. 3187.6, Villa Capri, Mayer Villa Capri, L.P.; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 31876, Villa Capri, Mayer Villa Capri, L.P.; or 3. Provide staff with alternative direction. Respectfully submitted, Jublic othy na n, P.E. Works Director// 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 PARCEL MAP NO. 31876, VILLA CAPRI, MAYER VILLA CAPRI, L.P., AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision Maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Parcel Map 31876 is conditionally approved provided the subdivider submits all required items on or before November 4, 2004. 1 118 Resolution No. 2004- Parcel Map No. 31876, Villa Capri Adopted: October 5, 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 Parcel 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 Parcel 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 November 4, 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 5th day of October, 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 11� Resolution No. 2004- Parcel Map No. 31876, Villa Capri Adopted: October 5, 2004 Page 3 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 d e'-) i,� ATTACHMENT I ATTACH-MENT 2 w C . N y a W + S c o g I€ d fib lie- r3 X lit 419 t b 14 :5 110, 1 1 ✓ war vnWw t/1W�-,[��,.,,.,• 1 1 1 I r!� ( �V W 1 1 f a qgtd ki � W iL I— 'ca � � W �W g� 40 fa 133HIS NOIDMHSVM 12 N al niaa 31_VAOU nlVd /-/- �-�- MV %K'tN M A4W.W N) x-- k ----:P Iv- 1D► M A0.ftQ0 pr--- -- s o \ \ \ N W �Y \ � � 098 PH \ a \ r. ' I A0 N y I , I > ;< sre W Ui V IVcc 1 Y. 1yy ' qs =# � 1 . ----- - - i ------------ NRY Urtu 7 .mtim N) 1 0'rm 7 .Mgt= N Lta'tao 3 99XIM N) •iRo------------- c°`—'a° ------ OL — "'it M; -- —� 133t�1S NOl'�NIHSVM /8ti4 °ram N illl Altl3lLl3iN Yid 'd7 H dA m N , AIM= 706Y'G! 3 8 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 20 by and between MAYER VILLA CAPRI, L.P., hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Parcel map (the "Map") of a unit of land in the Cityof La Quinta, County -of Riverside, which unit of land is .known as Parcel No. 31876 (the "Parel" 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 private improvements (the "Improvements"). public and 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 forth Improvements as provided in Section 66462 of the Subdivision Map Act, a installation of the 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, a and other improvements required to be constructed or agreed to be constructedunder-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 seco d class of security to be provided by Subdivider, hereinafter referred to as "payment s=ty," 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 securi ty,N 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 condition of C' Council a ty prior to and as a �Y 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 a p yment of costs and reasonable expenses and fees, including reasonable attomey's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's 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 cant' out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust. fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until, such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization; security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or.trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time.of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Parcel map or waiver of Parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of T:1Project Development Difton0evelopment ProjectslA9reementA.SIMSIAs in ProWenWerceI Map 31876\0FFSrM_S1A.dc �0 2of 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 adminis trative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Partici ato Improvements shall remain in place until the Participatory Improvements are p ry d 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 b Subdivider Subdivider's share of the cost of the Participatory Improvements. Payment se it of security shall not be required for Participatory Improvements. curand warranty 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 d said cash within 30 days of the date of the written demand from City,City may deposit demand to Subdivider's Sure for a 'Y y present a written Surety payment of said cash and Subdividers Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for an y 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 receipt requested. ,return 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 ork Progresses, upon application by Subdivider. However, no such reduction shall be four 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 secured, plus Ten Percent (1 guarantee the completion of the act or work or obligation secured, 0%). The City Engineer shall not allow more than two partial reductions of security fumish I 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 periodacceptance or approval by the City Council of all Parcel Imp rbovem nt released one year after final end of the one-year warrantyImprovements. However, if at the period, there are one or more outstanding requests by City for performance of work or provision of materials under: the. ,terms of,: the warranty, warrall TAProject Development DivisioMDevel oprnent ProjectsSAeements4SIA1SIA3 in Pcogresslparc julep 3187610FFS}TSIA.doc. 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. R 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the , provisions of Sections 66495 P 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. 4 12 .� T:1Project Development Divisionlpevelopment Pcojecft%A9reements% A1s1As in P!rogr"ST4rW,MaP 3187MFFSrrE_$JA.datc :. ; . . . 4 of'7. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have. been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorneys fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attomeys' 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. 13 T:\Project Development Dmsi«n\Deveigxnent Fr*ctswgreeffwt"IA\.Sft in Progress�Parcel tuleR ais76\oFFs� E_$Il�.doc� I �, 5 of 7:,,_t. 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 Principal Address Mayer Villa Capri, L.P. 660 Newport Center Dr., #1050 Newport Beach, CA 92658-8680 Phone (949) 759-8091 _f 1. 1 . <�C� 9, By: Date Title: L• By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date uaie Date 14 T:WrojW DievelWnent Divts wZevelop Yw t.PmjectsW9reema�ts�SIA�SIAs.in PrograSslP I Map 31876"VQFFSI E'SIN.�f�lc; �.. 6� Exhibit A OFF -SITE SECURITY - PARCEL MAP. NO. 31876 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 Parcel 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 Parcel improvements are complete and accepted by the City Council. Improvement Description Fred Waring Improvements Street Sidewalk (8ft) and Ramps Drainage Landscaping (Parkway & Median) Traffic Signal Modification @ Washington Traffic Signal (Fred Waring/Palm R) Palm Royal Improvements Street Sidewalk (6ft) and Ramps Drainage Landscaping (Park & Median) . Washington Street Improvements Sidewalk (8ft) and Ramps Landscaping (Parkway) Totals Standard 10% Contingencey Total Construction Cost Professional Fees, Design 10% Professional Fees, Const 10% Performance $ 312,110 $ 25,040 $ 69,000 $ 279,240 $ 50,000 $ 130,000 Labor & Materials $ 312,110 $ 25,040 $ 69,000 $ 279,240 $ 50,000 $ 130,000 $ 118,590 $ . 118,590 $ 25,500 $ 25,500 $ 21,500 $ 21,500 $ 117,000 $ 117,000 $ 15,030 $ 15,030 $ 130,020 $ 130,020 $ 1,293,030 $ 1,293,030 $ 129,300 $ 129,300 $ 1,422,330 $ 1,422,330 $ 142,230 $ 142,230 $ 142,230 $ 142,230 No Plans Contingency 25% $ 355,580 $ 355,580, Bond Amount $ 29062,370 $ 290629370 15 JL AProject Oevel me o Division\6evebpment Projects\Agreements&S1A\SIAs in Pmgms\P4rcel Mr�P:31$7gWFF$CrE SIA-dQ •y ,tw. , _, . 7.gf 7 , ; ,.: . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of 0C. t F70 R.,v1 + Y r County of On before me, TDt6ULPctf- S . (e/z—, , Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public") personally appeared O i L- 1%A A-!i O r n*s) of Signers) rsonally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(4 whose name(O is/ave subscribed to the within instrument and acknowledged to me that Ws_h hey -executed the same in his/befAh& authorized capacity(ic*, and that by his/hefi4h r signature(o on the instrument the persons), DEBORAHS. MILLER or the entity upon behalf of which the person(e) acted, ana#j300vm I executed the instrument. %FVjConmBwkwApr22.2W5 NotaryPublic - Cafforef�Orange C NEV WITNESS my hand and official seal.4 signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document• pgeC_eL wk-4-(> No. 18-7 � Document Date: 0i _Z) t0o1 j Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: L f ❑ Individual Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee RIGHT ❑ Guardian or Conservator ' • RINT ❑ Other: I Top of thumb here Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ - Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUf:13PRINT OF SIGNER of thumb here 0 1994 National Notary Association • 8236 Remmet Ave. P.O. Box 7184 • Canoga Park. to 91309-1184 Prod. No. 5907 Reorder. Call T Three I.W 876-8027,• ,f COUNCIL/RDA MEETING DATE: 4 4v AGENDA CATEGORY: October 5, 2004 BUSINESS SESSION: ITEM TITLE: Consideration of an Old Town Mural Project CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: Dependent upon prior City Council action, the Art in Public Places Account has an uncommitted balance of $256,562 as of August 31, 2004. The proposed cost for both murals is $9,461. As of this date, the Old Town La Quinta Project has paid approximately $17,000 towards the Art in Public Places Account for this project. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the September 9, 2004 Cultural Arts Commission meeting, the Cultural Arts Commission (Commission) reviewed a proposal by artist Tom McGraw for a mural project for the Old Town. project (located on the northeast corner of Avenida Bermudas and Avenida La Fonda). The project consists of two murals to be incorporated into the design of the buildings. As provided by the artist, Attachment 1 depicts early California style clay pots filled with native plants. The approximate size of this project is 10 feet wide by 5 feet high and would be located on the south side of the Carmel building next to the Main Street Bar and Grill. The cost of this mural is $3,611. The second mural would be located at the end of the south walkway, near Postal Mania. Currently, there is a large blank alcove at the end of the walkway. Attachment 2 depicts a shuttered window and native .sunflowers, according to the artist. The approximate size of this mural is 9 feet wide by 9 feet high. The cost of this mural is $5,850. The Cultural Arts Commission is recommending funding the. mural project at Old Town La Quinta. Artist Tom McGraw has been invited to attend the City Council meeting to answer any questions the City Council may have regarding this project and to provide the samples that will be used on the project. As reference, Art in Public Places funds have been used in the past to fund the mural on the La Quinta Car Wash building on Hwy. 1 1 1. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Old Town La Quinta mural project and allocate $9,461 from the Art in Public Places account and direct staff to prepare an Art Purchase Agreement; or 2. Do not approve the Old Town La Quinta mural project and/or do not allocate $9,461 from the Art in Public Places account and/or do not direct staff to prepare an Art Purchase Agreement; or 3. 1 Provide staff with alternative direction. Ictfully lubmitted, I iV 11' R Attachments: unity Services Director Approved for submission by: 62 homas P. Genovese, City Manager 1. Depiction of Early California Pots Filled With Native Plants 2. Depiction of Shuttered Window With Sunflowers 2 �3 ATTACHMENT 1 003 OLD TOWN LA QUINTA CARMEL BUILDING SOUTH SIDE PROVIDE A CERAMIC TILE MURAL WITH HI AND LOW FIRED GLAZED MOSAIC TILES DEPICTING POTS FILLED WITH NATIVE PLANTS POTTED IN EARLY CALIFORNIA STYLE .CONTAINERS APPROXIMATE SIZE 10' WIDE X .5HIGH TOTAL- PRICE INSTALLED $3611.00 004 ;IS L I KI OLD. TOWN LA QUINTA LA QUINTA BUILDING SOUTH WALKWAY PROVIDE A CERAMIC TILE MURAL WITH HI AND LOW FIRED GLAZED MOSAIC TILES DEPICTING A SHUTTERED WINDOW AND NATIVE SUN FLOWERS APPROXIMATE SIZE 9' WIDE X 9'HIGH TOTAL PRICE INSTALLED 5850.00 COUNCIL/RDA MEETING DATE: October 5, 2004 ITEM TITLE: Consideration of Request from County Economic Development Agency for Sponsorship of Jacqueline Cochran Air. Show RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: N lAtIO. AME AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Funds were not allocated for this project in the Fiscal Year 2004-05 budget, and would need to be drawn from the General Fund Reserve or another source as directed by the City Council. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: During the Special City Council Meeting of September 22, 2004, Council considered written correspondence from the Riverside County Economic Development Agency (Attachment 1). The City Council directed staff to place the item on the October 5, 2004 agenda for discussion and formal consideration. The correspondence from the Riverside County EDA, dated September 14, 2004, requests sponsorship participation from the City of La Quinta in the Inaugural Jacqueline Cochran Air Show taking place November 6, 2004. Specifically, the EDA is asking the City to consider an Associate level sponsorship, with a cash contribution of $10,000. Some of the entitlements included in the Associate sponsorship packet are as follows (with a more comprehensive list provided in Attachment 1): Recognition on advertising material .(e.g., flyer, program, ads, air show website) Passes to VIP/Media Night event on Friday, November 5 (including eight parking passes) - Parking passes to the main event on Saturday, November 6 and VIP passes to the Chalet, a 40' by 40' tent fully catered On site, public recognition Press coverage announcing sponsorship Logo on banner to be displayed at the flight line Opportunity to have 10' by 10' booth on day of event Staff had the opportunity to speak to Kimberly Freedman of the EDA regarding the request. Ms. Freedman indicated that, to date, three Coachella Valley cities have agreed to Associate -level sponsorships, contributing $10,000 each to this effort (Coachella, Indio, and Palm Desert). She shared with staff that the City of Indio is also contributing in -kind services such as police and fire, and that the City of Indian Wells is presently considering the request. The EDA transmitted a PowerPoint presentation containing additional information on the event and asked that it be shared with the City Council (Attachment 2). In discussing the effort with Ms. Freedman, staff also learned that alternative Levels of sponsorship are available ranging from $1,000 to $25,000, as outlined in Attachment 3. Ms. Freedman and Ms. Cindy Davis, also from the EDA, will be available at the meeting to answer any questions the Council may have. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve sponsorship of the Jacqueline Cochran Air Show in the amount of $10,000; or 2. Approve sponsorship of the Jacqueline Cochran Air Show in an alternative amount; or 3. Do not approve sponsorship of the Jacqueline Cochran Air Show; or 4. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager i .> 2 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Correspondence from Riverside County EDA 2. Copy of PowerPoint presentation 3. Alternative sponsorship levels 3 1 c RI.VERSI.DE COUNTY E 'A ECONOMIC DEVELOPMENT A G E N C Y September 14, 2004 Attachment 1 Thomas P. Genovese, City Manager Economic & City of La Quinta Community 78495 Calle Tampico Development La Quinta, CA 92253 o Dear Thomas: As you know, the excitement is starting to build as we get ready to produce the Inaugural Housing Jacqueline Cochran Air Show on November 6, 2004. On behalf of the Riverside County Economic Development Agency (EDA) I would like to extend an opportunity to the City 0 of La Quinta to join us as a sponsor of this upcoming event. Community events such as the air show add to the spirit of our neighborhoods and Redevelopment provide an opportunity for residents, merchants, local service agencies, non-profit Agency organizations, government officials, employees and community minded people like you to interact with one another. These events not only instill civic pride but also provide o marketing opportunities and bring new patrons to local businesses. Long term they serve as economic development tools for the entire county. Workforce As a partner at the Associate level, with a cash contribution of ten thousand dollars Development ($10,000), the City of La Quinta will be recognized for providing one of the desert's most prestigious new events. In return for your contribution, you will be provided maximum advertising opportunities and exposure, valuable community relations, the major ° entitlements outlined in this letter as well as added value benefits whenever possible. Edward -Dean Associate Sponsor Entitlements Museum ➢ Right to. use Jacqueline Cochran Airport/Air Show logo & Gardens ➢ Recognition on advertising materials including: a) Poster (deadline date 9/16/04) o JP b) Flyer . Aviation c) Program d) Ads 0 e) Logo and link on Air Show Website County Fair & f) VIP passes to the VIP/Media Night event on Friday, November 5, National Date 2004 fully catered with extravagant_buffet, beverage service and musical} entertainment for 16 guests Festival g) 8 VIP parking passes for the VIP/Media Night event c1 4 3525 Fourteenth Street, Riverside, CA 92501-3813 0 Telephone 951/955-8916 © Facsimile 951/955-6686 1 Website www.rivcoeda.org "THUNDER OVER THE DESERT AIR SHOW" "VIP/MEDIA NIGHT EVENT" Fri -day, Noveniber 5. 2004 f,'E E T & G P, E ;E T `%:'T;,-41 S Hi 0 1�'! P E R� 0 T FF! E, U -17 E TO 61 A C K E DINNER & D P", N 'Cl N `0 7 Rl 4ERS" -1 D A T E & 1" 11`4 E - SATURDAY NOVEMBER 6,2004 gam-4pm "Airport Reder"" i cat ic-) n- Saturday, November 6, 2004-Join the Riverstoe County E3�)ald of Supelrvisors, and the Jacqueline Coca- rar, Airport Authority Board of Directors. �.,,s tney ceiebrate the first air show and rededication of the Desert Resorts Regiona! Airport to the Jacqueline Cochran Regional t'-',!rport. 1 r.11 NF "SPONSOR CHALETS37' I � �%REE - PARKING" 7 FL DOLL)""'RS, ��ELP r,-AKE 7 S i DE R '0A, N 0 r, G S-iO\Sol T E C �` �F.�V-7 A I L =7477=1`1- F-- Z W 2 J F— H Z W W Z J W U O ...� j y N N ^ N Y C N d) N N�a.c+v N N ` O _ .oc +� N a� Ci 42ow NO N N E IL ooEv°'i•� o v �� °0 O d C:) m c" a o aNi N c� v v°i o 2 U 0) �N rn ° r >% c°oc�vacg'°'*J OLL� c c ao.o�3 C NO M J g 12� C C °- C UtM a.lLa»U a U�L¢a�C�mWf- c O -- y N O N Y C N E NCn X N 06 ojf to CN CL M v CO .yam —_ C E vOi Y N �.�tM U) O a N 0 U N C CO NM C. N CD •� U E O O L L M N N 0 CD` N � �. c •C a?CO a� a p o a) C M M Uau.a.»U a U� (aQmC�m Y U L aD ^ X U) A?L N -0 +O.raN.,�O.. C•N N e 0 N N .M C ca N m N 'C *3 C Cc w N O E N N +N+ t0 t�l1 N 'C N 8 a C >, N `� L N 0. >, C r- 3 CO C. N N L N C Y C a.. . X C)N rnrn }, C �a O Cc 3 rn r C C N c CO o Q n- a r M t N c "a M O Un.a»Ua1 O <M-0m Y X N N Q. N "O 2 C C C p N N a"' N N� .r cc .N N O N CL w v C O CO N C fn L CL m O N M C" N O+ Y d. t L N N N C O j O C v) rn +.: c M p. N O c c .�c iv M U a>> as U U o Q a X N a fl. N r L V C. j O s C oQaa O c`v v Ua >d- Attachment 3 A 7 1. Department Report: _ IVES i' IW4 OF TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager n DATE: October 5, 2004 SUBJECT: Department Report - Response to Public Comments The following public comments were made at the September 22, 2004, City Council meeting: 1. Brian DeCoster, 80-900 Calle Conchita, indicated he lives on, acreage with an equestrian overlay, and is concerned about some property adjacent to his being subdivided into a tract of homes. He requested staff's assistance in exploring what homeowners in the area can do to prevent this from happening. ■ Council directed Mr. Decoster to Oscar Orci, Interim Community Development Director, for clarification. 2. Darlene Dolan, Elsa Louden, and Richard Oliphant, representing the Coachella Valley Arts Alliance, encouraged Council's consideration of sponsoring a float in the 2005 Rose Parade. ■ Council requested the matter be brought back before Council at the Special Meeting on September 28, 2004. '.4J Department Report: /-.5 NOR 7 OF T9 TO: The Honorable Mayor and Members of the City Council FROM: Mark Weiss, Assistant City Manager U DATE: October 5, 2004 SUBJECT: Department Report - Kiner Communications First Quarterly Report for 2004/05 Fiscal Year Per the City's contract with Kiner Communications, attached is the First Quarterly Report for the 2004/05 Fiscal Year. K i n e r Comm u n i c a t i o n s 0 Quarterly Marketing Report First Quarter; 04-05 Fiscal Year ADVERTISING • MARKETING • PUBLIC RELATIONS Kiner Communications Marketing Plan for City of La Quinta COMPLETED: City Advertorial for October 2004 Issue of Palm Springs Life (Desert Progress Issue) — Wrote 1500-word article highlighting the City's progress in the past year, including SilverRock Resort, economic development strides and community services/public safety updates. Also spearheaded new photography of SilverRock, the new fire station and the Target/Steinmart site. (See attached) Full Page Advertisement for ICSC Western Division Conference Program Guide — Created new ad for the ICSC guide, with the goal of enticing potential developers and business owners by highlighting all there is to love about La Quinta — in business. and pleasure. (See attached) Public Relations — Wrote and distributed news releases. regarding the fire truck donation to Salton Sea Authority and the mosquito abatement efforts, resulting in positive media coverage for the City in The Desert Sun, as well as media interviews on KMIR-6 and CBS-2. Also coordinated an article featuring La Quinta, which will be published in an upcoming issue of Desert Magazine. (See attached) IN PROGRESS: City Infomercial(s) — Distributed RFP and identified the best production company for producing this year's infomercial(s). Coordinated initial meetings with production company and City staff to discuss new content and direction. Collaborated with production company to produce content outline, which is undergoing final changes through input from staff and will be used as a guideline for writing scripts. Filming will 73-101 Highway 111, Suite 4 Palm Desert, California 92260 tel: 760.773.0290 f 760 773 1750 ax. 2 www.l inerc(r .com 1 c� begin in mid -October and will continue into mid —;November, with post production wrapping up early December. The final product will begin airing in early January. 2005 City Calendar — Contracted new photography, which has been completed and design efforts are underway. Focus is on art in the community — from featuring public art to the different ways art surrounds us within everyday life in La Quinta. Calendar design should be finalized by mid -October, with printing completed in mid -November. An "ad" in the Annual City Newsletter will offer a "teaser" on the calendar, encouraging residents to watch for their new City Calendar to arrive sometime in November. Annual City Newsletter — Worked with staff to identify content for the 2004 newsletter, which is currently in the writing and design stage. Collecting appropriate photography to feature with each article/sidebar. Newsletter is scheduled to be finalized, printed and mailed by late October or first week in November. Merrill Lynch Skins Game Program Guide Full Page Ad — Currently in design stage of an ad for the Skins Game Program Guide, which will feature SilverRock Resort. -. 3 La Quinta. Gem of the Desert BY ANDREA CARTER SliverRock Resort is now coming to life in La Quinta, with Its championship golf course scheduled to open In early 2005. The much -anticipated resort will offer Intimate views of the majestic Santa Rosa Mountains for golfers and visitors alike. IF30 Palm Springs Life j October 2004, www.palmspringslife.com ,4 1 . A 20,000-square-foot library will round out La Quanta's Civic Center Campus this year, joining City Hall and the La Quinta Senior Center in a breathtaking park setting accented with artwork, water features, and walling paths. rising from the shadows of the majestic Santa Rosa becomes the world -class golf resort envisioned by city Mountains — amidst coveted land once home to the leaders. Golf course architect Erik Larsen, course architect ancient Cahuilla Indians — La Quinta's extraordinary of Palmer Course Design Company, speaks of the progress at new recreational venue is coming to life. The crowning jewel in a year filled with monumental progress for the "Gem of the Desert," SilverRock Resort is undoubtedly the city's most anticipated addition. Although known as one of the premier golf destinations in the world, most of La Quinta's famed golf courses have been located within exclusive residential communities. For many years, the city has worked toward providing La Quinta residents with high -quality, affordable golf. SilverRock Resort makes history while also preserving it. In January, the first phase in creating this 525-acre golf resort began with the championship golf course. Nearly unprecedented in the construction industry, particularly with a public project of this magnitude, the course is on schedule and has seen few interruptions in its endeavor to become one of the most acclaimed golf resorts in the country. The city of La Quinta has worked diligently to ensure SilverRock is everything one would expect a golf resort to be in a community that already holds a reputation for hosting some of the finest golf play in the country. From a fastidious selection process in identifying the perfect piece of property to choosing the most respected consultants to carry out this spectacular vision, the city has been committed to making every component of SilverRock top-notch. More than 30 consultants and contractors are working within the public process to ensure that SilverRock Resort SilverRock over the past year. "In a relatively short period of time, this project has moved very smoothly through both the design and construction phases,„ Larsen says. "The city has taken every measure to ensure that the quality of this course is on par with the expectations a golfer might have of golfing experience in La Quinta." SilverRock golfers and visitors will enjoy a championship tournament golf course; a second resort -oriented golf course; multipurpose trails and open space; casitas/residence club developments; a five-star resort hotel, spa and convention center; resort retail merchants; a village lake; a golf course practice area; a boutique hotel; and a golf clubhouse and community center. Assistant City Manager Mark Weiss summarizes the city's goal for the resort. "We expect SilverRock Resort to be the cornerstone of what this community is all about," he says. "La Quinta residents and visitors will have intimate access to our awe-inspiring mountains. They will be able to experience the tremendous golf that has made La Quinta famous. And the' additional tax revenue generated by SilverRock will help us provide new amenities for our city." What's more, the charming history of La Quinta will be woven into the project at every opportunity. For example, a greater earthly presence can be felt while observing the his- toric waterlines at the base of the mountains — revealing how parts of La Quinta once rested underwater. l .4 rl 1 �s La Quinta Gem of the Desert Examples of La Quintas commitment to public safety include the addition of a new fire station on Adams Street, a paramedic squad, and an Increase in law enforcement officials. he Ahmanson Family Ranch House — home of the land's previous owner, Home Savings and Loan founder Howard Ahmanson — will be converted for use as a clubhouse. Built nearly five decades ago, the working ranch — complete with a produc- ing alfalfa field — was sought out by Ahmanson after a renowned artist and friend told him of this breathtaking location he had painted. Restoration of the Ahmanson Family Rapch House as part of the SilverRock project is just one of many examples of how the city is using historic elements to complement the unique luster of this resort. SilverRock Resort will be opening its championship course in early 2005, with other components being developed over the next four to five years. Once completed, theresort will become a destination with something for everyone — public golf, tournament -quality golf, outdoor activities, shopping, entertainment, and dining. As Weiss notes, SilverRock Resort will be integral in providing new sales tax revenue — allowing the city to provide more services to its residents. A number of other economic development endeavors are doing that as well. In March, La Quinta made statewide retail history when it was the first location in California to welcome a Wal-Mart Supercenter — an expanded hub of the retail giant that includes a full -service grocery. Soon after, popular retail chains Target and Marshalls opened in La Quinta — offering more convenience for residents wishing to shop closer to home and contributing additional sales tax dollars to the city's general fund. In fact, new retail and restaurant opportunities are springing up on every available corner in La Quinta. Additional stores and services now open include Staples, Ross Dress for Less, Big Five Sporting Goods, Bank of America, Washington Mutual, and Radio Active. Businesses that are planned or under construction include PETsMART, Trader Joe's, Stein Mart, Kohl's, and Office Depot. Exciting new restaurants like Arnold Palmer's, Hog's Breath Inn and Main Street Bar & Grill have opened in La Quinta — with other highly anticipated eateries such as Baja Fresh, Thai Smile, Louise's Pantry, and Lamp Post Pizza currently underway. Aside from big -name retailers, La Quinta's village area has expanded as well — yet maintained its quaint charm. Old Town La Quinta — a development built with early 1920s character — opened earlier this year. Featuring one -of -a -kind art galleries -and boutique shops, Old Town offers everything from imported Mexican home accessories and rustic handcrafted furniture to fine wines and unique pet gifts. Another significant development in the village area is Santa Rosa Plaza — a full -service resort featuring an Embassy Suites hotel. This is big news for La Quinta, as it is the second hotel to open its doors in the city (the first was, of course, the city's namesake — the La Quinta Resort & Club, built in 1926). Also in the works is a Homewood Suites by Hilton, planned for the corner of Washington Street and Miles Avenue. While La Quinta has been a single -resort community for decades, it has been home to the most productive hotel rooms in the Coachella Valley in terms of gross sales per room. Embassy Suites will compliment hospitality options in La Quinta by offering an upscale property complete with a spa, restaurant, and conference facilities. While Embassy Suites prepares to open in December, Santa Rosa Plaza's Casitas Las Rosas began accommodating residents and visitors earlier this year in its Tuscan/Mediterranean villas. Old Town La Quinta and Santa Rosa Plaza are examples of how new businesses are helping to enhance the La Quinta village — transforming it into the cozy neighborhood gathering place the city has always envisioned. With the additional sales tax and transient occupancy tax brought into La Quinta by new hotels and businesses, the city is able to offer new amenities. From public safety to community services, the city of La Quinta takes pride in providing an array of community benefits for residents and visitors alike. As a city grows, so does the need for increased public safety. The city of La Quinta makes safety a priority and budgets for additional police and fire services each year. In this fiscal year's budget, the city council approved an increase of over $1.4 million in the police budget. The department staffing increase includes an additional sergeant, an additional community service officer, 20 additional patrol hours a day, and an additional motor officer. F32 Palm Springs Life I October 2004 www.palmspringslife.com 6 1J� he past year brought significant improvements to the pro- vision of fire services as well. A new fire station, located on Adams Street, was dedicated on May 8. The 7,695-square- foot building provides for more immediate response to emergen- cies at the northern portion of the city. Fire services also expanded to include a paramedic squad offering advanced emergency medical care. The new squad will provide for faster response time, along with the ability to initiate treatment prior to the arrival of an ambulance. The squad is staffed with two firefighters/paramedics who are trained in both capacities. While safety is. a top priority to the city, La Quinta's leaders also recognize the need for community amenities. That's why additions like a 20,000-square-foot library and a second skate park are in the works. The library — planned for completion next summer — will include public computers, reading areas, a resource area, and a separate children's library. The La Quinta Library will be located in the Civic Center Campus, joining City Hall and the La Quinta Senior Center in a breathtaking park setting accented with art- work, water features, and walking paths. The second skate park is one of two fun additions going into La Quinta Park at the corner of Adams Street and Westward Ho Drive. The skate park will include modular equipment and a concrete bowl that will accommodate beginners and advanced skaters. Another new element — a "spray park" (an interactive water feature) — will be popular with kids of all ages as an entertaining way to stay cool during hot summer days. Spectacular golf ... exciting new shops and restaurants ... additional community amenities. It's no secret La Quinta is growing; and with such variety in the cites development, there's plenty new to discover in this delightful desert community. ■ National retailers like Target and Stein Mart (under construction next to Target) provide convenient new shopping options for residents, while also contributing sales tax revenue that assists the city in offering new amenities and services. Building Permit Valuations Millions S 300 360 "0 100 s° at , 9% os as 07 se source: Construction Industry Research Board Millions ; 40 35 30 2s 20 0 In soon zoo, zoos zofxi Hotel Room Sales source: Patin Springs Desert Resorts Convention and Visitors Authority Billions i 6 s 4 3 Z 1 0 Assessed 'values source: Riverside Co. Assessor's Office Thousands 36 Millions $ 400 300 200 100 50 0 Population Growth Taxable Sales Fiscal Year source: California Board of Equalization J4W h YO U Ove 1 e inul And so will your business. It's truly a love story in la Quinta, California. love your life. love where you work, love what this fast-growing community will do for your bottom line. In la Quinta, there's plenty to love in business and pleasure. With a permanent population increase of 17 2% since 1990 and a retail sales increase of 544% from 1992-2001, la Quinto is on the move. And when the rooftops arrived, the need for retail and restaurants followed. la Quinta has prime opportunities in the following areas: - National Retail - - family Restaurants - - Hotel Opportunities - - Boutique Shops -- So much more than a place where your Jusiness will thrive, la Quinta offers a lifestyle you can't help but fall in love with. Extraordinary golf, a blissful 355 days of sunshine per year, panoramic views of the Santa Rosa Mountains and community highlights that include contemporary parks, top-notch schools and a commit- ment to culture - such as the arts. hind your true love in la Quinta - where you'll &scover the perfect courtship between successful business and a cherished lifestyle. Your happy ending is Av'nq o!- you !r, la Quinta Contact us at (760`! 7 71, 7- 7113 f o a comprehensive business packet. c e d-w7, 4 GEM OF THE DESERT ww1A la-yU1�inta.org W N KinerCommuncations NEWS SERVICE FOR IMMEDIATE RELEASE Contact: Rommi O'Brien Phone: 760.773.0290 Cellular: 760.333.9102 rommio@kinercom.com CITY OF LA QUINTA DONATES FIRE ENGINE TO SALTON SEA (La Quinta, CA) — The La Quinta City Council unanimously approved the transfer of a fire engine to the Salton Sea Community Services District on September 7, announced Building and Safety Director, Tom Hartung. He added, "We hope this will assist in meeting their fire prevention needs." Salton Community Services District Fire Department Assistant Chief, Stephen L. Clifford had been looking for an engine that would carry four fire fighters. "This unit fulfills a long needed addition to our department," he said. "And we are very grateful to the City of La Quinta for helping us upgrade our department's capabilities so we may more effectively serve our communities." The 1985 original engine from Station 70 at PGA WEST was no longer being used, but it was kept in excellent condition. Chief Clifford made an inquiry about the truck that resulted in the gifting of the much needed addition from City of La Quinta to their department. The volunteer service department, with two stations and 20 full-time fire fighters, has serviced northwestern Imperial County since 1955. As a community that borders Riverside County, they are available for mutual calls. The general coverage area of the Salton Community Services District Fire Department includes Desert Shores, Vista Del Mar and Salton City as well as Coachella Valley Unified School District's southern most elementary, middle and high schools. 0 K Vn e r C o m m u n i c a t i o n s NEWS SERVICE FOR IMMEDIATE RELEASE Contact: Rommi O'Brien Phone: 760.773.0290 Cellular: 760.333.9102 rommio@kinercom.com City of La Quinta Mitigating Mosquito Larvae Growth to Prevent West Nile Virus (La Quinta) — With the continuing risk of West Nile Virus, a mosquito -borne disease that can infect humans, birds, horses and other mammals, the City of La Quints is beefing up efforts to control standing water within public catch basins and retention areas. The standing water is the result of dry weather runoff from private and public streets. This runoff is commonly referred to as nuisance water explained City of La Quinta Public Works Director, Tim Jonasson, since it must be collected and disposed of in some acceptable manner. It usually occurs in large retention basins located at the lower end of most developments. In an effort to control the pooling of nuisance water in public retention basins the City of La Quinta tends to them weekly by sending crews to cut the grass and clean the trash so that the water can more efficiently reach the filters located in the bottom of the retention basins. The two types of filters most commonly used in the desert are dry wells and sand filters. Sand filters have been constructed in many of the public retention basins by the City of La Quinta to expedite percolation of nuisance water. In addition to the weekly maintenance and the addition of sand filtration, the City of La Quinta dispatches crews approximately every four to six weeks to the retention areas to remove the top layer of sand and sediment that can clog the filters. "West Nile Virus is a concern for us all so the City is actively working on quicker water dissipation which will result in less likelihood of mosquito larvae developing and growing," Jonasson said. He made an additional pertinent point, "Residents can assist in these efforts by being more mindful of the runoff on their own properties at home, which would also aide in preserving the valley's most necessary resource — water." Information (760) 777-7035 10 DEPARTMENT REPORT: 3 `A OCTOBER 5 OCTOBER 14 y OCTOBER 19 OCTOBER 28 NOVEMBER 2 NOVEMBER 2 NOVEMBER 16 NOVEMBER 18 DECEMBER 7 DECEMBER 16 CITY COUNCII:S UPCOMING EVENTS CI?Y COUNCIL MEETING SENIOR CENTER OKTOBERFEST LUNCHEON & CELEBRATION -11:30 A.M. CITY COUNCIL MEETING ANNUAL HEALTH FAIR AT SENIOR CENTER - 9:00 A.M. CITY COUNCIL MEETING ELECTION DAY CITY COUNCIL MEETING ANNUAL THANKSGIVING LUNCHEON AT SENIOR CENTER -11:30 A.M. CITY COUNCIL MEETING ANNUAL HOLIDAY LUNCHEON AT SENIOR CENTER -11:30 A.M. October 2004 La Quinta City Council Monthly Planner Printed by Calendar Creator Plus on 9/29/2004 November 2004 La Quinta City Council Monthly Planner 2 3 4 5 6 2:00 PM City Council Meeting 10:00 AM ALRC 12:00 PM Mayors Lunch 9:00 AM - 4:00 PM SJSR Ntl. Mnmt-Henderson ui!i I �f Election Day 7 8 9 10 11 12 13 10:00 AM CVAG Pub. 7:00 PM Mosquito 9:00 AM RCTC- Sfty-Perkins Abate. -Perkins Henderson It 12:00 PM CVAG Transp- 7:00 PM Planning 5:30 PM Investment Perkins Commission Advisory Board Veteran's Day (CITY 3:00 PM Mtns. Con -Sniff HALL CLOSED) 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 14 15 16 17 18 19 20 9:00 AM CVA-Henderson 12:00 PM SunLine- 3:00 PM Historic Preser- 2:00 PM City Council Adolph vation Conrrassion Meeting 21' 22 23 24 25 26 27 7:00 PM Planning 12:00 PM CVAG Human/ Commission Comm -Osborne 4:00 PM DRRA Airp- Osborne Thanksgiving Day Thanksgiving Holiday (City Hall Closed) (City Hall CLOSED) ! •! fj : �FE !II i !• ! i � f 28 29 30 6:00 PM CVAG-Exec October # December Com-Adolph S M T W T F S S M T W T F S; 1 2 ! 1 2 3 4! 3 4 5 6 7 8 9 5 6 7 8 9 10 11 10 11 12 13 14 15 16 12 13 14 15 16 17 18 1718192021 2223 24 25 26 27 28 29 30 192021 22232425 31 26 27 28 29 30 31 i Ali Printed by Calendar Creator Plus on 9/29/2004 1�� December 2004 La Quinta City Council Monthly Planner . . ........ s11111 ...... ...... ..... !'` .. ..... .. . . .. ...... .. ....... .. ........ Sunday Mon a Tuesday Wednesday—Q— .. F€€IE}I €. !. € �,€�' €I ,= I € 1 2 3 4 € E€€ January 05 E November 04 10:00 AM ALRC S M T W T F SI€ S M T W T F S I •i€fl �i ! l ## 1 2 3 4 5 6 �} € 1 7 8 9 10 11 12 13 I€ �` 2 3 4 5 6 7 8 Ij:# 9 10 11 12 13 14 15 # 14 15 16 17 18 19 20 ; ii€ #�€ 19 20 21 22 I I I I I 16 17 18 E €:III 21 22 23 24 25 26 27 II � Ilj 23 24 25 26 27 28 29 28 29 30 I €,€ 31 : 30 €' 8 9 10 11 5 6 7 2:00 PM City Council 9:00 AM RCTC- 12:00 PM CVAG Energy/ Meeting Henderson Envi-Sniff 5:30 PM Investment 7:00 PM Cultural Arts Advisory Board Commission 12 13 14 15 16 1.7 18 7:30 AM CVEP-Adolph 7:00 PM Mosquito 3:00 PM Historic Preser- 10:00 AM CVAG Pub. Abate. -Perkins vation Commission Sfty-Perkins 7:00 PM Planning 12:00 PM CVAG Transp• Commission Perkins 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 19 20 21 22 23 24 25 12:00 PM SunLine- 9:00 AM CVA•Henderson 12:00 PM CVAG Human/ 9:00 AM LAFCO- Adolph 2:00 PM City Council Comm -Osborne Henderson 0 0 Meeting 4:00 PM DRRA Airp- Osborne Christmas Eve Christmas Day (City Hall OPEN) (City Hall CLOSED) 1 st Day of Winter 26 27 28 29 30 31 ! •} I III 6:00 PM CVAG-Exec 7:00 PM Planning Com•Adol h P Commission •• I New Years Eve I !!ii i:�Eij . (City Hall OPEN)j}j}�I Ilj . illy: III I.:€ j €€IIIII IItl�� I I !,� IIIIIE#I I I Printed by Calendar Creator Plus on 9/29/2004 DEPARTMENT REPORT: 3--'b Apt" 54�l .� ItVco�etm� OF 'r9 TO: The Honorable Mayor and Members Of the City Council FROM: June Greek, City ClerkAOt- DATE: October 5, 2004 SUBJECT: Selection of Date for Holiday Open House The City will host the Annual Holiday Open House in the Courtyard again this year. A review of the Mayor and Council Member's calendars has shown several possible dates for this event. The dates that appear to be available are: Monday, November 22, 2004 Tuesday, November 30, 2004 Wednesday, December 1, 2004 Thursday, December 2, 2004 Friday, December 3, 2004 Monday, December 6, 2004 City Council is asked to approve one of these dates, or indicate another date that may be more convenient. This will allow staff ample time to prepare and mail the invitations in a timely manner. JSG cu r9 COUNCIL/RDA MEETING DATE: October 5, 2004 ITEM TITLE: Public Hearing to Adopt Resolutions Certifying a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2004-502 and Subdividing 8.08 acres into 33 Residential Lots for Tentative Tract Map 32225, for the Property Located at the Northwest Corner of Madison Street and Avenue 58. Applicant: Vince D'Ambra RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Move to open the public hearing and continue this item to the October 19, 2004 meeting. BACKGROUND AND OVERVIEW: This project was scheduled for the Planning Commission on August 10th, 2004, and continued to the Planning Commission Hearing of September 14th, 2004. At that meeting the project was presented to the Planning Commission and the Commission recommended approval of the project with conditions. The applicant is requesting a continuance to revise the project as prescribed by the Planning Commission (Attachment 1). Respectfully submitted, Oscar Ord, Interim Community Development Director Approved for submission by: -,�-+ Thomas P. Genovese, City Manager Attachment: 1. Letter from applicant 08/30/2004 11:28 FAX 7605646228 SANTA ROSA BUILDERS ATTACHMENT 1 Santa Rosa Builders Inc. 52050 Industrial Way Coachella, CA 92236 Rh: (760) 391-5574 Fax: (760) 391-5578 To: Fred Baker Re: TT 32225 9/3 0/04 Fred, As per my conversation with Oscar yesterday, Y ain requesting on behalf of Santa Rosa Development L.L.C. a two week extension of the City Council Hearing. This extension is necessary to accommodate Planning Commission requests and to meet with neighboring property owners and notify them of the changes. Please call me if you have any questions. ram' .�'_.... �.. David Brudvik (760)578-9250 cell 2 OF Tom' COUNCIL/RDA MEETING DATE: October 5, 2004 ITEM TITLE: Public Hearing to Adopt Resolutions Certifying a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2004-513; Establishing Design and Development Principles for Specific Plan 2004-072; and Subdividing 110.9 Acres into 392 Single -Family Lots, a Ten -Acre Commercial Lot and Miscellaneous Lots for Tentative Tract Map 32398, for the Property Located at the Northeast Corner of Monroe Street and Avenue 60. Applicant: Robert Schumacher RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: -ca. Move to continue this item to October 19, 2004 to allow the applicant additional time to revise the project. BACKGROUND AND OVERVIEW: This project was presented to the Planning Commission on September 14, 2004. At that meeting the Planning Commission recommended approval of the project, but expressed concerns about the format of the Specific Plan and requested the applicant revise the document prior to the City Council taking action. Attached is a letter from the applicant (Attachment 1) requesting a continuance. Respectfully submitted, Oscar Nrci, Interim Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Letter from applicant 3 Sepy 30,.2004 3: 22PM HP LASERJET 3330 P- 1 AITACHWT I I#I- # ,- �►/ INTERESTSfINC. SCHUMACHER 2995 Woodaif1AX Road #400-374 P.O. Box 12747 Woodside, Crnia, 94062 Dallas, Texas 75225 650-529-238(214)559-2804 650�529-238� (214)559-2805 FAX September 27, 2004 Mr. scar Orci Via Fax Plan ing Director City f La Quinta, CA Re: tract Map 32398 Mr C cl, Due lo scheduling conflicts, we Respectfully request a rescheduling of the La Quinta City Council hear g for Tract Map 32398 from October 5, 2004, to be rescheduled to October 19, 2004. We ope this does not cause too much inconvenience. Pie feel free to call of small with any questions you may have. ly, Barton Interests Inc. 2 aC• - �c7 G� OF T9 COUNCIL/RDA MEETING DATE: October 5, 2004 ITEM TITLE: Public Hearing to Adopt Resolutions Certifying a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2004-515, and Subdividing 14.54 Acres into 40 Single -Family Lots and Miscellaneous Lots for Tentative Tract Map 327421, for the Property Located at 55-101 Monroe Street. Applicant: Village Builders 98, LP 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 2004-515. Adopt a Resolution of the City Council approving the subdivision of 14.54 acres into 40 single-family lots and miscellaneous lots for Tentative Tract Map 32742, located at 55-101 Monroe Street, subject to Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The site is ± 14.54 acres in size and located on the west side of Monroe Street, approximately 150 feet south of Avenue 55 (Attachment 1). Two mobile homes are located on the site. A single-family home is located immediately west of the project site. An existing residential development is located further west and immediately south of the project site (Greg Norman Course). To the north of the subject site is vacant land and further north a residential development (La Quinta Estates). Vacant land is east of the site, which was once used for agricultural purposes. 165 The site was graded and used for agricultural purposes. The eastern -most, western -most and central portions of the site appear to have been disked and are. clear of vegetation. The remainder of the property is covered with tall grasses, brush and abandoned crops. The applicant proposes to subdivide the ± 14.54 acre site into 40 single-family lots and miscellaneous lots (Attachment 2). The residential lots range in ' size from ± 9,200 to ± 15,654 square feet. The proposed lots exceed the minimum lot size of 7,200 square feet as required in the Low Density Residential zone. Storm water retention is provided in Lot "A" at the southeast corner of the site. There are a number of easements on the property that will be abandoned or relocated. Lot 15 has an easement (along Avenue 55 alignment) which provides access to the property immediately west of the project site. The applicant has been conditioned (Condition No. 74) to disclose the access requirement to the buyer of Lot 15. Also, the buyer will be required to disclose that information to any future buyer(s). This will allow continued access to the single-family residence located immediately west of the subject property. The applicant has been conditioned to submit proof of those abandoned or relocated easements prior to the issuance of building permits (Condition No. 75). Access Vehicular access to the site is provided via Monroe Street, a Major Arterial with a 1 10-foot right-of-way. Full turning movements will be allowed on Monroe Street, the project entrance. A private roadway with a 41-foot right-of-way and four short cul-de-sacs is proposed within the development. Historic Preservation Commission The Historic Preservation Commission reviewed the Historical/Archeological and Paleontological reports for this project at their August 19, 2004 meeting and adopted Minute Motion 2004-021 accepting the Historical/Archeological report and Minute Motion 2004-022, accepting the Paleontological report, subject to conditions. These conditions have been added to the Conditions of Approval (Condition No. 76). Planning Commission Action At the September 14, 2004 meeting, the Planning Commission reviewed this project and voted 3-1-1 to adopt Resolutions 2004-068 and 2004-069 recommending to the City Council approval of Environmental Assessment 2004- 515 and Tentative Tract Map 32742. 2 ILb6 Public Notice This project was advertised in the Desert Sun newspaper on September 2, 2004, and mailed to all property owners within 500 feet of the site. To date, no letters have been received. Any written comments received will be handed out at the meeting. FINDINGS AND ALTERNATIVES Findings necessary to approve the Tentative Tract Map can be made and are contained in the attached Resolution. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2004- 515; and Adopt a Resolution of the City Council approving the subdivision of 14.54 acres into 40 single-family lots and miscellaneous lots for Tentative Tract Map 32742, located at 55-101 Monroe Street, 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, Oscar Orci, Interim Community Development Director Approved for submission by: 1.1 Thomas P. Genovese, City Manager Attachments: 1. Site Location Map 2. Tentative Tract Map 32742 3. Planning Commission minutes for the meeting of September 14, 2004 S:\CitvMar\STAFF REPORTS ONLY\PH 4 TTM 32742.doc 1 6 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 TENTATIVE TRACT MAP 32742. CASE NO.: ENVIRONMENTAL ASSESSMENT 2004-515 APPLICANT: VILLAGE BUILDERS 98 WHEREAS, the City Council of the City of La Quinta, California, did, on the 51h day of October, 2004, hold a duly noticed Public Hearing to consider a request by Village Builders 98 for certification of Environmental Assessment 2004- 515 for Tentative Tract Map 32742 to subdivide ± 14.54 acres into 40 single- family lots and miscellaneous lots, generally located on the west side of Monroe Street, approximately 150 feet south of Avenue 55, more particularly described as follows: APN: 767-580-015 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 141h day of September, 2004, hold a duly noticed Public Hearing to consider a request by Village Builders 98 for certification of Environmental Assessment 2004-515 for Tentative Tract Map 32742 to subdivide ± 14.54 acres into 40 single-family lots and miscellaneous lots, generally located on the west side of Monroe Street, approximately 150 feet south of Avenue 55; and WHEREAS, said Environmental Assessment 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 2004-515 has been completed and determined that although the project may have a significant adverse effects on the environment, mitigation measures have been imposed on the project to reduce impacts to a less than significant level; and therefore, a Mitigated Negative Declaration is recommended for certification; and WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following findings to justify certification of said Environmental Assessment: 1. The proposed project will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that mitigation measures have been -imposed on the project that would reduce impacts to less than significant levels. 4 PAReports - CC\ 1 0-5-04\Village Builders 98\CC RESO EA 04 515.doc 1- U City Council Resolution No. 2004-068 Environmental Assessment 2004-515 — Village Builders 98 Adopted: October 5, 2004 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 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 in that the site has been previously graded, and potential impacts associated with cultural and paleontologic resources have been mitigated to a less than significant level. The majority of the site is covered in weeds, and that significant habitat is absent. Also, the project site is located outside the boundary of the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan, therefore, impacts to biological and cultural resources are less than significant. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends in that the subject site is covered in weeds, and significant habitat is absent from the site. The site is physically suitable for the proposed land division and currently, development exists in the immediate area which has reduced the amount of habitat suitable for any fish or wildlife habitat. 4. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as the proposed project will add to the housing types offered to the City's residents, a goal of the General Plan. Significant effects on environmental factors will be reduced to less than significant levels as identified in the Environmental Assessment. 5. The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project in that the proposed project is consistent with the General Plan vision for this area. Construction of the project will have no significant cumulative impacts. 6. The proposed project has the potential to adversely affect the human population due to air quality impacts. Since the Coachella Valley is in a non - attainment area for PM 10, and the site will generate PM 10. However, a number of mitigation measures have been imposed to reduce the potential impacts on air quality as identified in the Environmental Assessment. P:\Reports - CC\10-5-04\Village Builders MCC RESO EA 04 515.doc .4 r, City Council Resolution No. 2004-068 Environmental Assessment 2004-515 — Village Builders 98 Adopted: October 5, 2004 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment in that mitigation measures have been imposed on the project that will reduce impacts to a less than significant level. 8. The City Council has considered Environmental Assessment 2004-515 and said Assessment reflects the independent judgment of the City. 9. The City has, on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California, 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. 2. That it does hereby certify Environmental Assessment 2004-515 for the reasons set forth in this Resolution and, as stated in the Environmental Assessment Checklist on file in the Community Development Department and attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5tn day of October, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California .. b P:\Reports - CC\10-5-04\Village Builders MCC RESO EA 04 515.doc 1 �,� City Council Resolution No. 2004-068 Environmental Assessment 2004-515 - Village Builders 98 Adopted: October 5, 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 P:\Reports - CC\10-5-04\Village Builders 98\CC RESO EA 04 515.doc Environmental Checklist Form 1. Project title: Tentative Tract Map 32742 2. Lead agency name and address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact person and phone number: Martin Magana 760-777-7125 4. Project location: West side of Monroe Street, approximately 150 feet south of Avenue 55. APN: 767-580-015 5. Project sponsor's name and address: Village Builders 98, LP 121 Spear Street, Suite 250 San Francisco, CA 94105 6. General plan designation: Low Density 7. Zoning: Low Density Residential 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.) Tentative Tract Map to divide a 14.54 acre parcel into 40 single family residential lots, as well as lots for retention and streets. Streets within the project are proposed to be private. The lot size ranges from 9,200 s.f. to just over 15,000 s.f. Access will be provided on Monroe Street with no secondary access. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Vacant, Single -Family Residential (Very Low -Density Residential) South: Single -Family Residential, golf course (Low -Density Residential, Golf Course -OS) West: Single -Family Residential (Low -Density Residential,) East: Monroe Street, Vacant, Agriculture (Low -Density Residential/Agriculture/Equestrian Overlay) 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District -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 Agriculture Resources Air Quality Cultural Resources Geology /Soils Hydrology / Water Land Use / Planning Quality Noise Population / Housing Recreation Transportation/Traffic Mandatory Findings of Significance Systems 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. August 23, 2004 Signature Date g -2- 1 73 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. 10 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 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) Monroe Street is not designated an Image Corridor in the General Plan. There are no significant scenic or topographic features on or near the subject property. The construction of single-family residential units on the site will not impact scenic vistas, and is consistent with existing and proposed surrounding development. Impacts associated with aesthetics are expected to be insignificant. The primary source of light and glare upon build -out of the site will be from automobile headlights. With the construction of 40 residential units, this impact is expected to be less than significant. The lots' landscaping will also generate limited lighting increases. The City regulates lighting levels through a Dark Sky Ordinance and does not allow lighting to spill over onto adjacent property. Impacts will not be significant. -4- L Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact II. AGRICULTURE RESOURCES: Would the project: 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) II. a)-c) The project site is vacant land, with single-family residences located on the western extremity of the site. The site is not in agricultural use, nor are there Williamson Act contracts on the land. The area to the east of the site does have scattered agricultural activity. However, the project site, being only about 14.5 acres, is not a viable site for substantial agriculture. Impacts to agricultural resources are expected to be negligible. L 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) Automobile emissions are the largest contributor to air quality issues in the City. It is expected that vehicle trips generated by the proposed project will be the most significant generators of air pollutants. The proposed project will result in 40 single-family homes, which have the potential to generate up to 383 trips per day'. 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. "Trip Generation, Oh Edition," Institute of Transportation Engineers, category 210, Single Family Detached. 3 1. Moving Exhaust Emission Projections at Project Buildout (hounds Der dav) Ave. Trip Total Total No. Vehicle Trips/Day Length (miles) miles/day 383 x 10 = 3,830 PMIo PMIo PMIo Pollutant ROC CO NOX Exhaust Tire Wear Brake Wear Grams at 50 mph 344.70 8,962.20 1,838.40 - 38.30 38.30 Pounds at 50 mph 0.76 19.78 4.06 - 0.08 0.08 SCAQMD Threshold (lbs./day) 75 550 100 150 Assumes 1,055 ADT. Based on California Air Resources Board's EMFAC7G Emissions Model. Assumes Year 2005 summertime running conditions at 75T, light duty autos, catalytic. As demonstrated above, the proposed project will not exceed any of SCAQMD's recommended daily thresholds for chemical emissions. The proj ect's potential impacts to air quality resulting from vehicular emissions are therefore expected to be less than significant. The City and Coachella Valley are a severe non -attainment area for PM 10 (Particulates of 10 microns or less). The Valley's 2002 PM 10 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 90.82 pounds per day, for a limited period while grading operations are active. The perimeter of the site has been landscaped, which will aid in reducing the blowing sand impacts on adjacent properties. The contractor will be required to submit a PM 10 Management Plan prior to initiation of any earth moving activity. In addition, the potential impacts associated with PM 10 can be mitigated by the measures below. 14 -7- iAL 1 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. Landscaping on the Monroe Street parkway shall be installed immediately following project precise grading, as will the proj ect's perimeter wall. 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 Implementation of these mitigation measures will ensure that impacts associated with PM 10 are mitigated to a less than significant level. III. d) & e) The project will consist of residential units and will not result in objectionable odors, nor will it expose residents to concentrations of pollutants. -g- t Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would the project - a) Have a substantial adverse effect, either X 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 (Letter dated July 7, 2004, J. Cornett) b) Have a substantial adverse effect on any X 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? (Letter dated July 7, 2004, J. Cornett) 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? (Letter dated July 7, 2004, J. Cornett) 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? (Letter dated July 7, 2004, J. Cornett) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? (General Plan MEA, p. 73 ff.) f) Conflict with the provisions of an adopted Habitat Conservation Plan, X Natural Community Conservation Plan, or -9- b JL other approved local, regional, or state habitat conservation plan? (General Plan Exhibit 6.3) IV. a)-f) A letter was prepared by James Cornett for the proposed project. The letter indicates that the project site was surveyed for burrowing owls, and that none were sighted. The letter further states that the majority of the site is covered in weeds, and that significant habitat is absent. The project site is located outside the boundary of the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan. Impacts to biological resources are expected to be insignificant. -10- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in X the significance of a historical resource as defined in'15064.5? (Historical/ Archaeological Resources Survey ... CRM Tech, June 2004) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to'15064.5? (Historical/ Archaeological Resources Survey ... CRM Tech, June 2004) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? (Paleontologic Resources Assessment ... CRM Tech, June 2004) d) Disturb any human remains, including X those interred outside of formal cemeteries? (General Plan MEA p. 123 ff.) V. a)-b) & d) A cultural resources analysis was completed for the proposed project site 2. The analysis included both records searches and on -site investigation. The on site investigation did not identify any resources. However, because of the high sensitivity of the area, the potential for buried resources is high. Should these resources be uncovered during project grading, impacts could be significant. In order to mitigate this potential impact, the following mitigation measure shall be implemented: 1. A qualified archaeological monitor shall be present during all earth moving and grading activities. The monitor shall be empowered to stop or redirect activities on the site should a resource be identified. A final report shall be filed with the Community Development Department prior to issuance of a certificate of occupancy for the first house on the project. site. V. c) A paleontologic survey was prepared for the proposed project site 3. The study found that the project site is within the historic lake bed of ancient Lake. Cahuilla. The study further found mollusk shells on the project site. Development of the site could result in significant impacts to paleontologic resources without mitigation. In order to assure that 2 Historical/Archaeological Resources Survey Report, prepared by CRM Tech, June 2004 3 "Paleontological Resources Assessment Report," prepared by CRM Tech, June 2004. -11- J 84 1 these potential impacts are mitigated to a less than significant level, the following mitigation measures shall be implemented. 1. A surface collection of mollusks shall be completed prior to initiation of any earth moving activity on the project site. 2. A paleontologist shall be present on site during all earth moving and trenching activities in areas of undisturbed lakebed soils. The paleontologist shall be empowered to stop or redirect earth moving activities to adequately investigate potential resources. The paleontologist 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. -12- L83 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 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 project site lies in a Zone III groundshaking zone. The property, as with the rest of the City, will be subject to significant ground movement in the event of a major earthquake. The homes to be built 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. The City Engineer will require the preparation of site -specific geotechnical analysis in conjunction with the submittal of grading plans. This requirement will ensure that impacts from ground shaking are reduced to a less than significant level. The project site is located in an area subject to liquefaction. Depending on the depth to groundwater, special construction methods may need to be implemented on the project site. In order to assure that this potential impact is mitigated to less than significant levels, the following mitigation measure shall be implemented: 1. Prior to the issuance of grading permits, the project proponent shall submit to the City Engineer, for review and approval, a liquefaction study which determines whether the project will be subject to liquefaction. Any recommendations made in the study shall be implemented in project construction. The proposed project is not located in an area subject to rockfall or landslides. The site does not have expansive soils. The proposed project will be required to connect to the CVWD sanitary sewer system, and septic tanks will not be installed. The 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. JL J Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would theproject: 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? (General Plan MEA, p. 95 ff.) 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? (General Plan MEA, p. 95 ff.) 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? (General Plan MEA, p. 95 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 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 -15- J2 2 L emergency response plan or emergency 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) VIE. a)-h) The construction of 40 homes on the subject site will not have an impact on hazards and hazardous materials. The City implements Household Hazardous Waste programs through its trash hauler, which are designed to provide for safe disposal of hazardous substances generated in the home. Impacts are expected to be negligible. 23 -16- Potentially Significant Less Than Significant w/ Less Than Significant No Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER UALITY -- Would the project: 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? (General Plan EIR p. III-187 ff.) 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? (General Plan EIR p. III-187 ff.) 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? (General Plan EIR p. III-187 ff.) f) Place housing within a 100-year flood X -17- 24 L hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (General Plan EIR p. III- 187 ff.) 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 development of the site will result in the need for domestic water service use for residential use and for landscaping irrigation. 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 be required to implement the City's water efficient landscaping and construction provisions, including requirements for water efficient fixtures and appliances, 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 City requires that all projects retain the 100 year storm on site. A preliminary hydrology study was prepared to assess the needs of the project site. The study found that a system of pipes through the site, leading to a retention basin at the southeastern boundary of the project, will be sufficient to retain on -site flows. The City Engineer will also review final plans to assure that these conclusions are still applicable prior to the issuance of grading permits. Impacts associated with storm water drainage are therefore not expected to be significant. VIII. e)-g) The site is not located in a flood zone as designated by FEMA. 4 Preliminary Hydrology Report, prepared by MSA Consulting, July 2004. r)J -18- 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 project site is designated Low -Density Residential in the General Plan. The proposed project is consistent with this designation. The project site is not within the boundary of the mitigation fee for the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan. There will be no impacts to land use and planning. -19- 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- jL �- 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 MEA p. 111 ff.) b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? (General Plan MEA p. 111 ff.) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? (General Plan MEA p. 111 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 MEA p. 111 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 will result in a total of 40 single family units. The project will be surrounded by a block wall, which will reduce noise levels on the site. Noise levels on Monroe in this area of the City are not expected to exceed the City's standards, because of the limited traffic generated in this area. -21- y I ^� 1 �3 Noise will be generated during project construction. Sensitive receptors are located adjacent to the project site to the south, surrounded by a 6 foot block wall, and single- family residential units occur approximately 150 feet to the north. During construction, the adjacent units may experience a periodic increase in noise levels. The wall on the southern project will provide attenuation of the noise intrusions to a great extent. In addition, the project is required to construct its wall immediately following site grading (please see Air Quality section, above). This will provide attenuation for the single family residences located northerly of the site. Impacts associated with noise at the site are expected to be less than significant. 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 construction of 40 homes will not induce substantial population growth. The site includes two mobile homes which will be removed prior to construction. This does not represent a significant displacement of either housing or people. Impacts associated with population and housing are expected to be negligible. -22- y 3 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIH. 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.) X1H. a) Build -out 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. Build -out of the proposed project will generate sales and 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 and development impact fees at the time of issuance of building permits to reduce the impacts to public services. 30 -23- _194 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 project proponent will be subject to park in lieu fees for the provision of recreation facilities throughout the City. 31. -24- 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)? (Site Plan) e) Result in inadequate emergency X access? (TTM 32742) f) Result in inadequate parking capacity? X (TTM 32742) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description) XV. a)-g) The development of the 40 homes will generate about 383 daily trips. The project is consistent with the General Plan designation for the property, and was therefore analyzed as part of the General Plan EIR. The traffic on Monroe at build -out of the General Plan 32 -25- 1, U was expected to remain at acceptable levels of service in that analysis. Impacts associated with traffic are expected to be less than significant. The project does not include inadequate parking or unsafe designs. The site is located within the service area of SunLine Transit, and can be served by it. Overall impacts to traffic are expected to be less than significant. 33 -26- 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.) -27- 34 JL 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 the cost of providing services. The construction of the proposed project is expected to have less than significant impacts on utility providers. 35 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? c) 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)? d) 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 previously graded, and potential impacts associated with cultural and paleontologic resources have been mitigated to a less than significant level. XVII. b) The proposed project will add to the housing types offered to the City's residents, a goal of the General Plan. XVII. c) The proposed project is consistent with the General Plan vision for this area. Construction of the project will have no significant cumulative impacts. 36 -29- � XVII. d) The proposed project has the potential to adversely affect human beings, due to air quality 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. 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. 37 -30- 4.4 O CIS a� 0 4-4 -d o o o �lj � z O U O NI WUO v�a>a �a N d' N aM O CIS N U � � N b � c O •• O z z w z w as � A U W d w A V p�q �A a� O� UU a ° ., o 0 -A U � for �. v� v� v� an � � o V► .� O O U N U U cd a � �o �H Cd w Cd U U m UA m _ o z A cd bA � N 0 h••I �," 1-, cd p � V 4-4 y C b3q A cd o u NCA r. O 38 d' A U p�q �A a� �WU OU o � 0 V Ey `13 Cd bo Cd o �' b) on A � A a 140 c GQ � C's � U 14-1 U p "d cd O 'd O Cd cisCIS O U �Cd ��-4 F A U p�q �A a� V O� VV 0 F Cd 4a U Cd 0 0 a w� �o aC � w U zp o F � O O Cd w � 33 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF ± 14.54 ACRES INTO 40 SINGLE-FAMILY LOTS AND MISCELLANEOUS LOTS CASE NO.: TENTATIVE TRACT MAP 32742 APPLICANT: VILLAGE BUILDERS 98, LP WHEREAS, the City Council of the City of La Quinta, California, did, on the 5th day of October, 2004, hold a duly noticed Public Hearing to consider a request by Village Builders 98 for a Tentative Tract Map to subdivide ± 14.54 acres into 40 single-family lots and miscellaneous lots, generally located on the west side of Monroe Street, approximately 150 feet south of Avenue 55, more particularly described as follows: APN: 767-580-015 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 14' day of September, 2004, hold a duly noticed Public Hearing to consider a request by Village Builders 98 for a Tentative Tract Map to subdivide ± 14.54 acres into 40 single-family lots and miscellaneous lots, . and recommended approval by adoption of Resolutions 2004-061 and 2004-062, and; WHEREAS, said Tentative Tract Map 32742 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 2004-515 has been completed and determined that although the project may have a significant adverse effects on the environment, mitigation measures have been imposed on the project to reduce impacts to a less than significant level; and therefore, a mitigated negative declaration is recommended for certification. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings to approve said Tentative Tract Map 32742: 1. The proposed tract map will be consistent with the City of La Quinta General Plan in that the property is designated Low Density Residential (LDR) which, allows single-family residential uses. 2. The design or improvement of the proposed subdivision will be consistent with the City of La Quinta General Plan in that all streets and improvements in the PAReports - CC\10-5-04\Village Builders 98\CC RESO TTM 32142 .doc .40 ti 'J City Council Resolution No. 2004- Tentative Tract Map 32742 Village Builders 98 October 5, 2004 proposed project will conform to City standards contained in the General Plan and Subdivision Ordinance. Access for the land uses on the site will be provided from existing streets in the immediate area. The density and design for the tract will comply with the Land Use Element of the General Plan. 3. The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage, or substantially injure fish or wildlife, or their habitat in that the subject site is physically suitable for the proposed land division and currently, development exists in the immediate area which has reduced the amount of habitat suitable for any fish or wildlife. 4. The design of the subdivision and type of improvements are not likely to cause serious public health problems in that the applicant will be conditioned to meet all applicable requirements of the City of La Quinta to provide a safe environment for the public. 5. 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 in that there are existing streets that will provide direct access to the site. All required public easements will provide access to the site or support necessary infrastructure improvements for the proposed project. 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 Tentative Tract Map; 2. That it does hereby approve Tentative Tract Map 32742, subject to the attached Conditions of Approval. PASSED, APPROVED and ADOPTED at a regular meeting of the City Council, held on this 51h day of October, 2004, by the following vote, to wit: AYES: NOES: PAReports - CC\10-5-04\Village Builders 98\CC RESO TTM 32742 .doc 4. City Council Resolution 2004- Tentative Tract Map 32742 Village Builders 98 October 5, 2004 ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CIVIC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California PAReports - CC\10-5-04\Village Builders 98\CC RESO TTM 32742 Am 4 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32742 - VILLAGE BUILDERS 98 ADOPTED: OCTOBER 5, 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 any 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. 43 P:\Reports - CC\10-5-04\Village Builders 98\CC COA TTM 32742.doc CITY COUNCIL RESOLUTION NO. 2004- TENTATIVE TRACT MAP 32742 - VILLAGE BUILDERS 98 CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: OCTOBER 5, 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 one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or his/her designer can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. 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. 44 PAReports - CC\10-5-04\Village Builders 98\CC COA TTM 32742.doc CITY COUNCIL RESOLUTION NO. 2004- TENTATIVE TRACT MAP 32742 - VILLAGE BUILDERS 98 CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: OCTOBER 5, 2004 F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). PROPERTY RIGHTS 6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 7. The applicant shall offer for dedication on the Final Map all public street right-of- ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 8. 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 variable right of way dedication at the proposed primary entry measured sixty seven feet (671 west of the centerline of Monroe Street and length to be determined by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 03-08. As a minimum, the required right of way shall be for a length of 100 feet plus a variable dedication of an additional 50 feet to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 9. 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. 45 P:\Reports - CC\10-5-04\Village Builders 98\CC COA TTM 32742.doc CITY COUNCIL RESOLUTION NO. 2004- TENTATIVE TRACT MAP 32742 - VILLAGE BUILDERS 98 CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: OCTOBER 5, 2004 10. 'The private street right-of-ways to be retained for private use, required for this development include: A. PRIVATE STREETS Private Residential Streets measured gutter flow Fine to gutter flow line shall have a 36-foot travel width. 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. 11. 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 12. 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. 13. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 4b 21- 0 PAReports - CC\10-5-04\Village Builders 98\CC COA TTM 32742.doc CITY COUNCIL RESOLUTION NO. 2004- TENTATIVE TRACT MAP 32742 - VILLAGE BUILDERS 98 CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: OCTOBER 5, 2004 14. The applicant shall abandon or relocate all existing easements over buildable lots particularly easements 1, 2, 5 and 7 traversing Lots 11 through 15 along the westerly property line. The applicant. shall also notify the owner of Lot 15 of the existing easement 6 for ingress and egress along the northerly 40 feet of Lot 15. 15. 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. 16. 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. 17. Direct vehicular access to Monroe Street from lots with frontage along 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. 18. 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. 19. 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. 47 �11 PAReports - CC\10-5-04\Village Builders 98\CC COA TTM 32742.doc CITY COUNCIL RESOLUTION NO. 2004- TENTATIVE TRACT MAP 32742 - VILLAGE BUILDERS 98 CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: OCTOBER 5, 2004 FINAL MAPS 20. 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. 21. 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. 22. 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. 9 C. La Off -Site Street Plan: 1 if = 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: On -Site Rough Grading Plan Drainage Plans 1 " = 40' Horizontal, 1 " = 4' Vertical 1 if = 40' Horizontal 1 ' = 40' Horizontc- "0 PAReports - CC\10-5-04\Village Builders 98\CC COA TTM 32742.doc 21 CITY COUNCIL RESOLUTION NO. 2004- TENTATIVE TRACT MAP 32742 — VILLAGE BUILDERS 98 CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: OCTOBER 5, 2004 E. On -Site Precise Grading Plan: 1 it = 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. 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. In addition to the normal set of improvement plans, "Precise Grading" plans are required to be submitted for approval by the Building Official and the City Engineer. "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, parking lot improvements and ADA requirements. 23. The City maintains standard plans, detail sheets and/or construction notes for elements of construction on the Public Works Online Engineering Libraryat http://www.la-guinta.org/publicworks/tractl/z onlinelibrary/0 intropage.htm. 24. 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. 49 PAReports - CC\10-5-04\Village Builders 98\CC COA TTM 32742.doc 213 CITY COUNCIL RESOLUTION NO. 2004- TENTATIVE TRACT MAP 32742 - VILLAGE BUILDERS 98 CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: OCTOBER 5, 2004 IMPROVEMENT SECURITY AGREEMENTS 25. 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. 26. 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. 27. 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. 28. 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. 29. 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 50 214 PAReports - CC\10-5-04\Village Builders 98\CC COA TTM 32742.doc CITY COUNCIL RESOLUTION NO. 2004- TENTATIVE TRACT MAP 32742 - VILLAGE BUILDERS 98 CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: OCTOBER 5, 2004 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. C;RAnINC-. 30. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 31. 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. 32. 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. 33. 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. P:\Reports - CC\10-5-04\Village Builders 98\CC COA TTM 32742.doc CITY COUNCIL RESOLUTION NO. 2004- TENTATIVE TRACT MAP 32742 — VILLAGE BUILDERS 98 CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: OCTOBER 5, 2004 34. 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. 35. 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. 36. 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. 37. 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. 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. 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. PAReports - CC\10-5-04\Village Builders 98\CC COA TTM 32742.doc CITY COUNCIL RESOLUTION NO. 2004- TENTATIVE TRACT MAP 32742 — VILLAGE BUILDERS 98 CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: OCTOBER 5, 2004 r)pAwArF 39. The applicant shall revise proposed retention basins to comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. 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. 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. The nuisance water percolation system shall be designed/sized to accommodate nuisance water produced by residential uses and any domestic well sites located within the project area. 41. The project shall be designed to accommodate purging and blow -off 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. . 42. No fence or wall shall be constructed around any retention basin unless approved by the Architectural and Landscape Review Committee and the Planning Commission. 43. 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. 44. 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. 53 217 PAReports - CC\10-5-04\Village Builders 98\CC COA TTM 32742.doc CITY COUNCIL RESOLUTION NO. 2004- TENTATIVE TRACT MAP 32742 — VILLAGE BUILDERS 98 CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: OCTOBER 5, 2004 45. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 46. 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. 47. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 48. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 49. 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. 50. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 51. 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 52. 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. 54 218 PAReports - CC\10-5-04\Village Builders 98\CC COA TTM 32742.doc CITY COUNCIL RESOLUTION NO. 2004- TENTATIVE TRACT MAP 32742 — VILLAGE BUILDERS 98 CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: OCTOBER 5, 2004 53. Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flowline shall be near vertical with a 1 /8" batter and a minimum height of 0.1 ' . Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 54. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses:) A. OFF -SITE STREETS 1) Monroe Street (Primary Arterial; 1 10' R/W Option A): 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) Bus turnout (if required by Sunline Transit) b) A deceleration/right turn only lane at Primary Entry. The west curb face shall be located fifty five feet (55') west of the centerline. Other required improvements in the Monroe Street right or way and/or adjacent landscape setback area include: c) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. d) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that touches the back of curb at intervals not to exceed 250 feet. The sidewalk curvature radii should 55 PAReports - CC\10-5-04\Village Builders 98\CC COA TTM 32742.doc 219 19 CITY COUNCIL RESOLUTION 2004- TENTATIVE TRACT MAP 32742 - VILLAGE BUILDERS 98 CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: OCTOBER 5, 2004 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 multi -purpose trail at intervals not to exceed 250 feet. e) 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. f) Establish a benchmark in the Monroe Street right of way and file a record of the benchmark with the County of Riverside. 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 is responsible for construction of all improvements mentioned above. The development is eligible for reimbursement from the City's Development Impact Fee fund in accordance with policies established for that program. The cost of improvements expended by the applicant from the centerline of Monroe Street to within 20 feet of the outer curb face is eligible for reimbursement. The applicant is responsible for the remaining cost of the improvements. The landscape median improvements are eligible for reimbursement from the City's Development Impact Fee fund in accordance with policies established for that program. B. PRIVATE STREETS 1) Construct full 36-foot wide travel width improvements measured gutter flow line to gutter flow line plus curb and gutter where the residential streets are double loaded. 56 PAReports - CC\10-5-04\Village Builders 98\CC COA TTM 32742.doc 220 CITY COUNCIL RESOLUTION 2004- TENTATIVE TRACT MAP 32742 — VILLAGE BUILDERS 98 CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: OCTOBER 5, 2004 2) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. 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 similar to the layout shown on the rough grading plan. 55. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic; 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. 56. 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: - Residential 3.0" a.c./4.5" c.a.b. Primary Arterial 4.5" a.c./6.0" c.a.b. or -the approved equivalents of alternate materials. 57. 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 PAReports - CC\10-5-04\Village Builders 98\CC COA TTM 32742.doc 57 �21 CITY COUNCIL RESOLUTION 2004- TENTATIVE TRACT MAP 32742 — VILLAGE BUILDERS 98 CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: OCTOBER 5, 2004 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. 58. General access points and turning movements of traffic are limited to the following: 1. Primary Entry (Monroe Street): Full turn movements are permitted. 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. 2. 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 59. 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. LANDSCAPING 60. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 61. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 58 PAReports - CC\10-5-04\Village Builders 98\CC COA TTM 32742.doc 222 CITY COUNCIL RESOLUTION 2004- TENTATIVE TRACT MAP 32742 VILLAGE BUILDERS 98 CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: OCTOBER 5, 2004 62. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 63. 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. 64. 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. PUBLIC SERVICES 65. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. QUALITY ASSURANCE 66. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 67. 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. 68. 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. 59 PAReports - CC\10-5-04\Village Builders 98\CC COA TTM 32742.doc 223 CITY COUNCIL RESOLUTION 2004- TENTATIVE TRACT MAP 32742 — VILLAGE BUILDERS 98 CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: OCTOBER 5, 2004 69. 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 70. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 71. 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 72. 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. 73. 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). 60 PAReports - CC\10-5-04\Village Builders 98\CC COA TTM 32742.doc 224 CITY COUNCIL RESOLUTION 2004- TENTATIVE TRACT MAP 32742 — VILLAGE BUILDERS 98 CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: OCTOBER 5, 2004 COMMUNITY DEVELOPMENT DEPARTMENT 74. The applicant shall disclose all easements on any lot within the proposed tract map to potential buyers prior to the sale of a lot within the tract map. 75. The applicant shall submit proof of abandoned easements on Lots 4, 15, 27, 28, and 29 prior to the issuance of building permits for those lots. 76. The applicant shall comply with the following Historical/Archaeological and Paleontological conditions: A. Historical/Archeological 1. 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 City prior to issuance of first earth -moving or clearing permit. The Torres -Martinez Desert Cahuilla, Augustine, and Cabazon Band of Mission Indians shall be contacted to determine if a tribe member is to be included as an archaeological monitor. 2. The final report on the monitoring shall be submitted to the Community Development Department prior to the issuance of the first Certificate of Occupancy for the project. 3. Collected archaelogical 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 Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. B. Paleontological 1. On- and off -site monitoring of earth -moving and grading in areas identified as likely to contain paleontological resources shall be conducted by a qualified paleontological monitor. The monitor 61. PAReports - CC\10-5-04\Village Builders 98\CC COA TTM 32742.doc 225 CITY COUNCIL RESOLUTION 2004- TENTATIVE TRACT MAP 32742 — VILLAGE BUILDERS 98 CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: OCTOBER 5, 2004 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 City prior to issuance of first earth -moving permit, or before any clearing of the site is begun. 2. Recovered specimens shall be prepared to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. 3. 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 paleontological resources. 4. Collected resources and related reports, etc. shall be given to the City for curation. Packaging of resources, reports, etc. shall comply with standards commonly used in the paleontological industry. 77. The applicant shall comply with all of the mitigation measures imposed on the project to reduce impacts to less than significant levels. Prior to the issuance of grading permits, the project proponent shall submit to the City Engineer, for review and approval, a liquefaction study which determines whether the project will be subject to liquefaction. Any recommendations made in the study shall be implemented in project construction. 62 P:\Reports - CC\10-5-04\Village Builders 98\CC COA TTM 32742.doc 226 ATTACHMENT N1 54TH AVENUE ai SITE LOCATION MAP 63 227 UiL.,ii 71st-Li'74., Planning Commission Minutes September 14, 2004 a. Condition added: The applicant all work with staff to upgrade the quality of the Speci 'c Plan formatting ROLL CALL: AYES: Commissioners Da Is, Ladner, Quill, and Chairman Kirk. NOES: None. SENT: Commissioner Krieger. ABSTAIN: None. 10. It was moved and seco ed by Commissioners Daniels/Ladner to adopt Planning Com sion Resolution 2004-066, recommending approval of Tentat' a Tract Map 32398, as recommended. ROLL CALL: AYES: ommissioners Daniels, Ladner, Quill, and Chairman Kirk. OES: None. ABSENT: Commissioner Krieger. ABS AIN: None. G. Environmental Assessment 2004-515, Zone Change 2004-121, and Tentative Tract Map 32742; a request of Village Builders 98, LP for consideration of adopting a Mitigated Negative Declaration of environmental impact, a zone change to remove the Equestrian Overlay and the subdivision of 14.54 acres into 40 single-family lots and miscellaneous lots for the property located at 55-101 Monroe Street, approximately 150 feet south of Avenue 55. 1. Chairman Kirk excused himself due to a possible conflict of interest and left the dais. 2. Vice Chairman Quill opened the public hearing and asked for the staff report. Associate Planner Martin Magana presented the information contained in the report a copy of which is on file in the Community Development Department. 3. Vice Chairman Quill asked if there were any questions of staff. Commissioner Daniels noted the Greg Norman course is within the PGA development and as a homeowner within PGA West with common area interest, he believes in this instance, he has no conflict of interest. 4. Vice Chairman Quill asked staff to explain Lot B. Staff stated it contains easements for the one single-family home. Staff has conditioned that Lot 15 honor the easement to this house and that all future homeowners of this lot be made aware of this easement. 64 G:\WPDOCS\PC Minutes\9-14-04.doc 228 Planning Commission Minutes September 14, 2004 5. There being no further questions of staff, Vice Chairman Quill asked if the applicant would like to address the Commission. Ms. Margo Thibeault, MSA Consulting, representing the applicant, stated they are in agreement with all conditions except Condition #54.A.e. It was their understanding the equestrian trail would be on the east side of the street and as it would not make any connection to any other trail and would like to be relieved of this condition. In regard to the property to the north, they did try to purchase it but was unsuccessful. 6. Commissioner Daniels asked for an explanation of the cross -hatch area on the street. Ms. Thibeault stated it is decorative section for traffic calming. 7. Vice Chairman Quill asked if there was a multi -purpose trail or if this condition was an error. Staff stated there is a mixture in this area and staff is unable to place the trail on the east side as it is not within the City's limits. Vice Chairman Quill asked if the CVWD easements would be abandoned before the Final Map. Ms. Thibeault stated they have started the abandonment procedure, but it is not a fast process. Vice Chairman Quill noted they would not be able to build until the easements were abandoned. Staff noted the condition was written prior to building permits being issued. 8. Mr. John Pedalino, the applicant, stated Bureau of Reclamation (BOR) can take as long as a year to abandon the easements, but CVWD has given them a letter noting they would be abandoned. The final map will show the easements and when BOR approved the abandonment, the title company will note on the deed. 9. There being no other public comment, Vice Chairman Quill closed the public participation portion of the hearing. 10. Commissioner Daniels asked if the trail was required. Staff noted they could take whatever action they chose to in regard to the trail. Staff noted there are trails along this area and there are breaks in the trail that will not be closed until all developments are completed. It is the City's goal to have a City-wide trail system. Discussion followed. G:\WPDOCS\PC Minutes\9-14-04.doc Planning Commission Minutes ' September 14, 2004 11. It was moved and seconded by Commissioners Ladner/Daniels to adopt Planning Commission Resolution 2004-068, recommending certification of a Mitigated Negative Declaration for Environmental Assessment 2004-515, as recommended: ROLL CALL: AYES: Commissioners Daniels, Krieger Ladner, and Vice . Chairman Quill. NOES: None. ABSENT: Commissioners Krieger and Kirk. ABSTAIN: None. 12. It was moved and seconded by Commissioners Ladner/Daniels to adopt Planning Commission Resolution 2004-069, recommending approval Tentative Tract Map 32742, as recommended and amended: a. Condition #54.A.e. deleted. ROLL CALL: AYES: Commissioners Daniels, Ladner, and Vice Chairman Quill. NOES: None. ABSENT: Commissioners Krieger and Kirk. ABSTAIN: None. VI. \BUSINESS ITEMS: None. VII. C RESPONDENCE AND WRITTEN MATERIAL: None. Vill. COMM SIGNER ITEMS: A. Inter Community Development Director Oscar Orci discussed potential issues or the joint meeting with the City Council. Commissioner Quill asked th t annexations be discussed. IX. ADJOURNMENT: There being no further busin ss, it was moved and seconded by Commissioners Daniels/Ladner to adjourn this r ular meeting of the Planning Commission to a regular meeting of the Planning Commissi to be held on September 28, 2004, at 7:00 p.m. This meeting of the Planning Commi ion was adjourned at 9:54 p.m., on September 14, 2004. Respectfully submitted, Betty J. Sawyer, Executive Secretary City of La Quinta, California 66 G:\WPDOCS\PC Minutes\9-14-04.doc r) •� 0 /�-�-r-- �i v F OF ITEM TITLE: Public Hearing to Adopt an Ordinance Approving an Amendment to Development Agreement 2003-006 by and Between the City of La Quinta and CP Development La Quinta, LLC, to Allow the Developer to Permit Lennar Homes of California, Inc. to Participate in the LLC and Undertake the Casitas and Sanctuary Villas Components of the Project, for the Property Located at the Southeast Corner of Miles Avenue and Washington Street. Applicant: City of La Quinta and CP Development La Quinta AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Motion to take up Ordinance No. by title and number only and waive further reading; and Motion to introduce Ordinance No. on first reading, approving Development Agreement 2003-006, Amendment No. 1, subject to findings. BACKGROUND AND OVERVIEW: Site Background The 50-acre site is situated at the southeast corner of Miles Avenue and Washington Street, a major entry point to the City. On March 11, 2003, the Planning Commission reviewed and recommended approval of the following on the subject site: A. A mid -priced 134 unit suites type hotel; B. 132 Condominium Casitas type units; C. Two restaurants; D. A medical office/clinic facility; E. A development containing 30 privately -owned Villas development; F. 13 courtyard cluster villas; and G. 54 residential units containing 29 courtyard cluster and 25 perimeter homes of which 40 units will be moderate income affordable units. 231 The City's Redevelopment Agency and CP Development La Quinta, LLC (the "Developer") entered into a Disposition and Development Agreement for the development of this project (the "DDA"). Concurrently with the execution of the DDA, the City and the Developer entered into a Development Agreement concerning the development of the project, as provided by the La Quinta Zoning Code and State statutes. A Development Agreement is a binding agreement between both parties for the purpose of establishing certainty in the development. Transfer of Land and Improvement Interests Prior to Project Completion In order to obtain construction defect insurance, as required by both the DDA and the Development Agreement, for the Casitas and Sanctuary Villas components of the project, the Developer desires to add Lennar Homes of California, Inc. ("Lennar") as a member of the Developer. Further, the Developer has informed the City that the Ehline Company, which is the entity that Developer initially contemplated would construct the residential component of the project, does not wish to continue with this development. The Developer has indicated that Lennar will be developing the residential portions of the project, as well as the casitas and Sanctuary Villas components. The Developer has requested the Development Agreement be modified to permit Lennar to participate in the LLC and undertake the residential, Casitas and Sanctuary Villas components of the project. The Development Agreement Amendment ("Amendment") (Attachment 1) accommodates this transfer. The Amendment would also omit all references to the Ehline Development Co., which was previously listed as a pre -approved transferee entity of the residential components of the Project (but not the Casitas or Sanctuary Villas components). The City's approval of the Amendment would be conditioned on the Developer executing an Indemnification Agreement, in the form attached to the Amendment, indemnifying the City for any causes of action related to the transfer/assignment revisions or the City's approval of the Amendment. The City Attorney has, in conjunction with the Developer, prepared the Amendment. Planning Commission Action The Planning Commission, at their meeting of September 28, 2004, adopted Resolution 2004-073, unanimously recommending approval of Development Agreement 2003-006, Amendment No. 1 (Attachment 2). 232 S:\CityMgr\STAFF REPORTS ONLY\PH 5 Center Pt.doc Public Noticing This Amendment was advertised in the Desert Sun on September 18, 2004 in a 1/8-page display ad. As of this writing, no correspondence has been received regarding this project. Statement of Mandatory Findings The findings necessary to recommend approval of Amendment No. 1 to the Development Agreement can be made, as noted in the attached Ordinance. FINDINGS AND ALTERNATIVES: 1. Motion to take up Ordinance No. by title and number only and waive further reading; and Motion to introduce Ordinance No. on first reading, approving Development Agreement 2003-006, Amendment No. 1, subject to findings; or 2. Do not adopt an Ordinance approving Development Agreement 2003-006, Amendment No. 1; or 3. Provide staff with alternative direction. Respectfully submitted, car Orci, Interim Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Development Agreement Amendment 2. Planning Commission Minutes 3 S:\CityMgr\STAFF REPORTS ONLY\PH 5 Center Pt.doc 233 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND CP DEVELOPMENT LA QUINTA, LLC DEVELOPMENT AGREEMENT 2003-006, AMENDMENT NO. 1 WHEREAS, California Government Code Section 65864 et seq. (the "Development Agreement Law") authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning, and identifying the economic costs of such development; and WHEREAS, on or about December 18, 2003, the City Council of the City of La Quinta ("City" or "City Council," as applicable) entered into Development Agreement No. 2003-006 with CP Development La Quinta, LLC (the "Developer") pursuant to California Government Code Section 65864 et seq. and Section 9.25.030 of the City's Municipal Code (the "Development Agreement"); and WHEREAS, City staff and the Developer have negotiated an Amendment to the Development Agreement (the "Development Agreement Amendment"); and WHEREAS, the Planning Commission of the City did on the 28' day of September, 2004, hold a duly noticed Public Hearing to consider the Development Agreement Amendment and the recommendation of the Planning Commission has been received by the City Council; and, WHEREAS, the City Council of the City of La Quinta, California ("City Council"), did on the 5th day of October, 2004, hold a duly noticed public hearing to consider the Development Agreement Amendment; and, WHEREAS, at said City Council Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to justify approving the Development Agreement Amendment: 1. The proposed Development Agreement Amendment is consistent with the objectives, policies, general land uses and programs of the City of La Quinta General Plan and Specific Plan 2001-005. 4 234 Ordinance No. Amendment to Development Agreement 2003-006 CP Development La Quinta, LLC Adopted: October 5, 2004 1. The property is within the Tourist Commercial, Medium Density Residential, and Park Districts of the 1992 General Plan Update which permits the proposed use and the proposed use is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2). 2. The land uses authorized and regulations prescribed for the Development Agreement Amendment are compatible with the zoning and its related regulations now applicable to the property. The site is zoned Tourist Commercial, Medium Density Residential and Park which permits the proposed uses provided conditions are met. 3. The proposed Development Agreement Amendment conforms with public convenience and the general welfare by providing for extensive public improvements and conforms to good land use practice by requiring the development of a commercial development. 4. Approval of this Development Agreement Amendment will not be detrimental to the health, safety, and general welfare since adequate provision has been made in previous City approvals to provide for necessary and desirable improvements and since these approvals are incorporated herein. 5. Approval of this Development Agreement Amendment will not adversely affect the orderly development of the subject or surrounding property nor the preservation of area -wide property values, but rather will enhance them by encouraging planned, phased growth. 6. Consideration of the Development Agreement Amendment has been accomplished pursuant to California Government Code Section 65864 et seq. and the City of La Quinta Municipal Code Section 9.250.030, which governs Development Agreements. WHEREAS, all actions required to be taken by the City precedent to the adoption of this Ordinance have been regularly and duly taken. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: SECTION 1. APPROVAL. The City Council hereby approves and adopts the Development Agreement Amendment in the form presented to the City Council concurrent with the approval and adoption of this Ordinance, and authorizes and directs the Mayor to sign the Development Agreement Amendment on behalf of the S:\City Clerk\Ordinances\Center Pt DA Amdl.DOC 235 Ordinance No. Amendment to Development Agreement 2003-006 CP Development La Quinta, LLC Adopted: October 5, 2004 City, and the City Clerk to record the Development Agreement Amendment in the Official Records of Riverside County in accordance with applicable law. SECTION 2 ENVIRONMENTAL. Environmental Assessment 2001-436 and subsequent addendum were certified by the City Council on February 5, 2002, under Resolution 2002-07 and Resolution '2003-034 on June 3, 2003. The Development Agreement Amendment does not involve changes to the project itself. There have been no changes in circumstances or new information regarding the project or its setting that would require the preparation of a subsequent environmental review. Therefore, pursuant to Section 15162 of the Guidelines for Implementation of the California Environmental Quality Act, no further environmental review is necessary in connection with the review of the Development Agreement Amendment. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4: POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. The foregoing Ordinance was approved and adopted at a meeting of the City Council held on this 5th day of October, 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California S:\City Clerk\Ordinances\Center Pt DA Amdl.DOC 236 Ordinance No. Amendment to Development Agreement 2003-006 CP Development La Quinta, LLC Adopted: October 5, 2004 ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 237 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: Citv Clerk Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code § 27383) AMENDMENT NO.1 TO DEVELOPMENT AGREEMENT THIS AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT ("Amendment No. 1") is made and entered into as of , 2004 ("Effective Date") by and between the CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the Constitution of the State of California (the "City"), and CP DEVELOPMENT LA QUINTA, LLC, a California limited liability company ("Developer"). RECITALS: A. The La Quinta Redevelopment Agency ("Agency") is the fee owner of that certain real property located southeast of the Miles Avenue and Washington Street intersection in the City of La Quinta, California 92253 (the "Site"). The Site is legally described in Exhibit "A", which is attached hereto and incorporated herein by this reference. B. On or about December 18, 2003, the Agency and Developer entered into that certain Disposition and Development Agreement (the "DDA"), pursuant to which Agency agreed to sell to Developer, and Developer agreed to purchase from Agency, the Site, and to construct, complete, and operate thereon a commercial project containing a medical office/surgical facility, a development containing sanctuary villas, a mid -price suites hotel, a resort -style condominium/casitas development, two (2) sit-down restaurants, and two (2) single- family residential developments, with forty (40) of the single-family homes restricted for sale to "Eligible Buyers" at an "Affordable Housing Cost" (as those terms are defined in the DDA (collectively, the "Project"). C. By virtue of the DDA, the Developer has an equitable interest in the Site. By its execution of the consent form attached to this Amendment No. 1, the Agency consents to recordation of this Amendment No. 1 against the Site. D. Concurrently with the execution of the DDA, the City and Developer entered into that certain Development Agreement dated December 18, 2003, and recorded on January 5, 2004, as Instrument No. 2004-0005256, in,the Official Records of the County of Riverside (the GAWPDOCS\Documents\CP CtrPt Amd1.DOC 238 "Development Agreement"), for purposes of (i) identifying the terms, conditions, and regulations for the construction of the Project, certain components of which constitute a Planned Development (as defined in Civil Code Section 1351(k)); (ii) setting forth a payment schedule for the Developer's payment to the City of certain amounts designed to compensate the City in the event that certain components of the Project fail to generate specified levels of transient occupancy tax (as that term is used in La Quinta Municipal Code Chapter 3.24) (hereinafter, "transient occupancy tax" or "TOT"); (iii) setting forth a payment schedule for the Developer's payment to the City of Three Hundred Forty -Six Thousand Eleven Dollars ($346,011), to cover the Developer's contribution towards the cost of certain landscaping improvements the City desires to install within certain portions of the real property adjacent to the Site; (iv) requiring the Developer, at its sole cost, to construct a neighborhood park on certain real property owned in fee by the City; and (v) setting forth the extent to which Developer may construct, develop, use and operate the Project. E. On or about September 23, 2004, Agency and Developer entered into that certain Amendment No. 1 to Disposition and Development Agreement (the "DDA Amendment") to revise (1) certain timeframes in the schedule of performance attached to the DDA; (ii) certain conditions that must be satisfied prior to the Agency's conveyance to Developer of the Site; and (iii) the transfer and assignment provisions in the DDA. F. City and Developer now wish to amend the Development Agreement to revise the transfer and assignment provisions in the Development Agreement in a manner consistent with. the revisions made to the DDA transfer and assignment provisions pursuant to the DDA Amendment. G. The City Council has determined that this Amendment No. 1 is consistent with the City's General Plan and the Specific Plan, including the goals and objectives thereof. H. All actions taken by City have been duly taken in accordance with all applicable legal requirements, including the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) ("CEQA"), and all other requirements for notice, public hearings, findings, votes and other procedural matters. I. On October 5, 2004, the City Council adopted its Ordinance No. approving this Amendment No. 1. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by this reference, and for valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The Development Agreement is hereby amended as follows: 1.1 To replace Section 7.2.c with the following: C. A transfer of the Suites Hotel or the Suites Hotel Parcel to a limited liability company in which Developer is the managing member. .J - , 9 GAWPDOCS\Documents\CP CtrPt Amd1.DOC 239 1.2 To replace Section 7.2.d with the following: d. A transfer of any of the Villas Residential Development, Villas Residential Development Parcel, Cluster/Perimeter Residential Development, Cluster/ Perimeter Residential Development Parcel, Casitas Development, or the Casitas Development Parcel(s) to Lennar Homes of California, Inc., a California corporation ("Lennar"). 1.3 To replace Section 7.2.e with the following: e. A transfer of the Sanctuary Villas Development or the Sanctuary Villas Parcel(s) to Lennar or to Center Point Sanctuary, LLC, a California limited liability company. 1.4 To replace the last paragraph of Section 7.2 with the following: In the event of a Transfer by Developer under subparagraphs (a) through (f) above not requiring the City's prior approval, Developer nevertheless agrees that at least thirty (30) days prior to such Transfer it shall give written notice to City of such assignment and satisfactory evidence that the assignee has assumed in writing through an assignment and assumption agreement all of the obligations of Developer of this Agreement; provided, however, that no such assignment and assumption agreement shall be required for transfers under subparagraphs (d) or (e) to Lennar, and upon such assignment Lennar shall be deemed to have assumed only those obligations hereunder that pertain to the portion of the Site and the component of the Project transferred to Lennar. In the event such transfer is under subparagraph (c) or (f) above, Developer shall, along with the notice required to be given pursuant to the immediately preceding sentence, provide City with evidence that such proposed transferee entity has been duly formed in accordance with the laws of the State of California. 2. City's approval of this Amendment No. 1 is conditioned upon Developer's execution, concurrently with the execution hereof, of an Indemnification Agreement substantially in the form attached hereto and incorporated herein as Exhibit "B". 3. Except as otherwise expressly provided in this Amendment No. 1, all of the terms and conditions of the Development Agreement shall remain in full force and effect. 4. In the event of any action between City and Developer seeking enforcement of any of the terms and conditions to this Amendment No. 1, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including without limitation its expert witness fees and reasonable attorney's fees. 5. This Amendment No. 1 shall be construed according to its fair meaning and as if prepared by both parties hereto. 6. This Amendment No. 1 shall be governed by the internal laws of the State of California and any question arising hereunder shall be construed or determined according to such law. The Municipal and Superior Courts of the State of California in and for the County of Riverside, or GAWPDOCS\Documents\CP CtrPt Amd1.DOC . 0 240 such other appropriate court in such county, shall have exclusive jurisdiction of any litigation between the parties concerning this Amendment No. 1. Service of process on City shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside California. 7. Time is of the essence of this Amendment No. 1 and of each and every term and provision hereof. 8. A waiver of a provision hereof, or modification of any provision herein contained, shall be effective only if said waiver or modification is in writing, and signed by both City and Developer. No waiver of any breach or default by any party hereto shall be considered to be a waiver of any breach or default unless expressly provided herein or in the waiver. 9. Signatures of the parties transmitted by facsimile shall be deemed binding. However, each party agrees to submit their original signature to the other party within five (5) business days after execution hereof. 10. This Amendment No. 1 may be executed in counterparts, each of which, when this Amendment No. 1 has been signed by all the parties hereto, shall be deemed an original, and such counterparts shall constitute one and the same instrument. 11. The person(s) executing this Amendment No. 1 on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1 such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which such party -is bound. [End — Signature Page Follows] GAWPDOCS\Dwuments\CP CtrPt AffALDOC 241 IN WITNESS WHEREOF, City and Developer each hereby represents that it has read this Amendment No. 1, understands it, and hereby executes this Amendment No. 1 to be effective as of the day and year first written above. "Developer" CP DEVELOPMENT LA QUINTA, LLC, A California limited liability company By: Oliphant Family Trust Its: Member Date: 92004 By: Richard Oliphant Its: Trustee By: Oliphant Enterprises, Inc. Its: Manager Date: , 2004 By. Richard Oliphant Its: President "City" CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the Constitution of the State of California Date: 2004 By: City Manager ATTEST: June Greek, City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP Bv: M. Katherine Jenson, City Attorney '42 GAWPDOCS\Docu=nts\CP CtrPt Amd1.DOC STATE OF CALIFORNIA ) ) ss COUNTY OF ) On , before me, , personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] STATE OF CALIFORNIA ) ) ss COUNTY OF ) On , before me, , personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] GAWPDOCS\Docu=nts\CP CtrPt AmdLIM 243 STATE OF CALIFORNIA ) ) ss COUNTY OF ) On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] G:\WPDOCS\Documents\CP CtrPt Amd1.DOC ,4 244 EXHIBIT "A" LEGAL DESCRIPTION OF THE SITE IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF THE SOUTH HALF OF SECTION 19, TOWNSHIP 5 SOUTH, RANGE 7 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER ONE -QUARTER CORNER OF SAID SECTION 19, ALSO BEING AND ANGLE POINT IN THE CENTERLINE OF MILES AVENUE AS SHOWN ON TRACT NO. 23971-11, ON FILE IN BOOK 213 AT PAGES 25 THROUGH 30, INCLUSIVE, OF MAPS, RIVERSIDE COUNTY RECORDS; THENCE SOUTH 00027'38" EAST, A DISTANCE OF 75.00 FEET TO A LINE PARALLEL WITH AND 75.00 FEET SOUTHERLY OF SAID CENTERLINE OF MILES AVENUE AND THE TRUE POINT OF BEGINNING; THENCE NORTH 89033'22" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 960.27 FEET; THENCE NORTH 00026'40" WEST, A DISTANCE OF 20.00 FEET TO A LINE PARALLEL WITH AND 55.00 FEET SOUTHERLY OF SAID CENTERLINE OF MILES AVENUE; THENCE NORTH 89033'22 EAST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 80.00 FEET; THENCE SOUTH 00026'40" EAST, A DISTANCE OF 112.88 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 440.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 41 °42'33", AN ARC DISTANCE OF 320.30 FEET; THENCE NON -TANGENT TO SAID CURVE SOUTH 44044'32" EAST, A DISTANCE OF 90.06 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS'OF 80.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45027'41 ", AN ARC DISTANCE OF 63.48 FEET; THENCE TANGENT TO SAID CURVE NORTH 89047'47" EAST, A DISTANCE OF 239.56 FEET TO A POINT ON THE EASTERLY LINE OF PARCEL "C" AS DESCRIBED IN DEED TO STAMKO DEVELOPMENT CO. RECORDED MAY 16, 1994 AS INSTRUMENT NO. 1089799 O.R. GAWPDOCS\Docu=nts\CP CtrPt Amd1.WC 245 THENCE SOUTH 00012'13" EAST ALONG SAID EASTERLY LINE, A DISTANCE OF 790.73 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH 43056'42' WEST ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL "C", A DISTANCE OF 510.61 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 4565.17 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 42059'27" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE AND THE SOUTHWESTERLY LINE OF SAID PARCEL "C" THROUGH A CENTRAL ANGLE OF 02057'46", AN ARC DISTANCE OF 236.07 FEET; THENCE NON -TANGENT TO SAID CURVE SOUTH 00017'57" EAST ALONG AN EASTERLY LINE OF SAID PARCEL "C" A DISTANCE OF 11.03 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT A, BEING ON THE NORTHEASTERLY RIGHT-OF-WAY LINE OF THE COACHELLA VALLEY WATER DISTRICT FLOOD CHANNEL AS SHOWN ON C.V.W.D. RIGHT-OF-WAY STATUS MAP DATED APRIL 4, 1968, DRAWING NO. 1758-10; THENCE CONTINUING SOUTH 00017'57" EAST ALONG LAST SAID EASTERLY LINE OF PARCEL licit, A DISTANCE OF 386.46 FEET; THENCE NORTH ' 48°09'56" WEST ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL "C", A DISTANCE OF 22.00 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL licit AND ITS NORTHWESTERLY PROLONGATION NORTH 64021103" WEST, A DISTANCE OF 444.84 FEET TO AN ANGLE POINT IN THE SOUTHWESTERLY LINE OF PARCEL 2 AS DESCRIBED IN DEED TO THE LA QUINTA REDEVELOPMENT AGENCY RECORDED AUGUST 4, 1995 AS INSTRUMENT NO.2555289 O.R. THENCE NORTH 58014'00" WEST ALONG SAID SOUTHWESTERLY LINE OF PARCEL 29 A DISTANCE OF 320.54 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 2072.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 86011'26" EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11 °05'41 ", AN ARC DISTANCE OF 401.22 FEET; THENCE NON -TANGENT TO SAID CURVE NORTH 75033'02" EAST, A DISTANCE OF 4.22 FEET TO A POINT ON AFOREMENTIONED NORTHEASTERLY RIGHT-OF-WAY LINE OF THE COACHELLA VALLEY WATER DISTRICT FLOOD CHANNEL, SAID LINE BEING A NON -TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 2500.00 FEET, A RADIAL LINE TO SAIDPOINT BEARS NORTH 17033123" EAST; GAWPDOCS\Documents\CP CtrPt Amd1.DOC . 246 THENCE SOUTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 00032'28"9 AN ARC DISTANCE OF 23.61 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT B. SAID POINT ALSO BEING ON A NON -TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 2092.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 75053'46" EAST; THENCE NORTHWESTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 07041'06"3, AN ARC DISTANCE OF 280.60 FEET; THENCE NON -TANGENT TO SAID CURVE SOUTH 67006'56" WEST, A DISTANCE OF 20.00 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 2072.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 68013' 18" EAST; THENCE NORTHWESTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 02012'44", AN ARC DISTANCE OF 80.00 FEET; THENCE NON -TANGENT TO SAID CURVE NORTH 67006'56" EAST, A DISTANCE OF 20.00 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 2092.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 66001' 12" EAST; THENCE NORTHWESTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 19058'08", AN ARC DISTANCE OF 729.11 FEET; THENCE NON -TANGENT TO SAID CURVE NORTH 00028'37" WEST, A DISTANCE OF 153.41 FEET TO A POINT ON A LINE PARALLEL WITH AND 75.00 FEET SOUTHERLY OF THE AFOREMENTIONED CENTERLINE OF MILES AVENUE; THENCE NORTH 89031'23" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 487.01 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING SOUTHWESTERLY OF SAID NORTHEASTERLY RIGHT-OF-WAY LINE OF THE COACHELLA VALLEY WATER DISTRICT FLOOD CHANNEL, SAID LINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AFOREMENTIONED POINT A IN SAID NORTHEASTERLY RIGHT-OF- WAY LINE, SAID POINT BEING ON A NON -TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 2500.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 36057'27" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE AND SAID NORTHEASTERLY RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 18051'35", AN ARC DISTANCE OF 822.91 FEET TO AFOREMENTIONED POINT B. "7 GAWPDOCS\Docu=nts\CP CtrPt Amd1.DOC 247 SUBJECT TO ALL RIGHTS -OF -WAY AND EASEMENTS OF RECORD. COMPRISING 42.47 ACRES (1,850,000 SQUARE FEET), MORE OR LESS. GAVvTDOCS\Documents\CP CtrPt Am LDOC � l.i EXHIBIT "B" INDEMNIFICATION AGREEMENT [See Following Pages] G:\WPDOCS\Docu=nts\CP CtrPt ArW1.DOC 249 INDEMNIFICATION AGREEMENT THIS INDEMNIFICATION AGREEMENT ("Indemnification Agreement") is made and entered into as of , 2004, by and between CP DEVELOPMENT LA QUINTA, LLC, a California limited liability company ("Developer"), and the CITY OF LA QUINTA, a .California municipal corporation and charter city organized and existing under the Constitution of the State of California ("City"), with reference to the following Recitals: RECITALS A. On or about December 18, 2003, Developer, and the La Quinta Redevelopment Agency ("Agency") entered into that certain Disposition and Development Agreement (the "DDA"), pursuant .to which, .among other things, (i) Agency agreed to sell to Developer, and Developer agreed to purchase from Agency certain real property identified therein as the "Property", which is located in the City of La Quinta, County of Riverside, State of California, and (ii) Developer agreed to construct, complete, and operate on the Property a commercial project containing a medical office/surgical facility, a development containing privately owned villas (the "Sanctuary. Villas Development"), a mid -price suites hotel, a resort -style condominium/casitas development (the "Casitas Development"), two (2) sit-down restaurants, and two (2) single-family residential developments (the "Residential Component"), with forty (40) of the single-family homes restricted for sale to moderate -income buyers at restricted sales prices, all as more particularly described in the DDA (collectively, the "Project). B. Concurrently with the Developer's and Agency's execution of the DDA, Developer and the City entered into that certain Development Agreement dated December 18, 2003, and recorded on January 5, 2004, as Instrument No. 2004-0005256, in the Official Records of Riverside County (the "Development Agreement"), which, among other terms, (i) sets forth a payment schedule for Developer's mitigation payments to the City; (ii) sets forth a schedule for Developer's payment to the City of Three Hundred Forty -Six Thousand Eleven Dollars ($346,011) as Developer's financial obligation toward certain landscaping improvements to be installed on a portion of the Property; (iii) requires Developer, at its sole cost, to construct a neighborhood park on certain real property owned in fee by the City; and (iv) sets forth the extent to which Developer may construct, develop, use and operate the Project, all as more particularly described in the Development Agreement. C. Developer initially informed the City and Agency that the Residential Component would be constructed by Ehline Development Co., a California corporation ("Ehline Development Co."). As a result, both the DDA and Development Agreement, as originally executed, permit Developer to transfer and assign the Residential Component to Ehline Development Co. or to an affiliated entity of Ehline Development Co. (an "Affiliated Entity"). The term "Ehline" shall be used hereinafter to refer to, collectively, Ehline Development Co. and the Affiliated Entities. D. On or about September 23, 2004, Agency and Developer entered into that certain Amendment No. 1 to Disposition and Development Agreement (the "DDA Amendment") to, GAWPDOCS\Dmu=nts\CP CtrPt Amd1.DOC 250 among other revisions, omit Ehline as a permitted assignee/transferee of the Residential Component and to instead permit the assignment/transfer of the Residential Component and also the Casitas Development and the Sanctuary Villas Development to Lennar Homes of California, Inc., a California corporation ("Lennar"). E. The City has prepared an amendment to the Development Agreement (the "Development Agreement Amendment") to revise the transfer and assignment provisions in the Development Agreement in a manner consistent with the revisions made to the DDA. The City has expressly conditioned its approval of the Development Agreement Amendment on Developer's execution of an indemnification agreement substantially in the form hereof. F. The parties hereto now wish to impose on Developer the obligation to indemnify the City, as more particularly defined in this Indemnification Agreement, against any claims regarding the assignment/transfer revisions set forth in the Development Agreement Amendment or resulting from the City's approval of the Development Agreement Amendment, or arising from Ehline's entry onto the Property, or Ehline's or Developer's obligations to third parties including but not limited to those who have prepared plans or conducted work in furtherance of the Project. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: AGREEMENT 1. Indemnification by Developer. Developer hereby agrees that it shall indemnify, defend, and hold harmless City and City's officers, officials, members, employees, agents, consultants, and representatives, from and against any and all claims, liabilities, damages, losses, suits, costs and expenses (including but not limited to expert witness fees and reasonable attorneys' fees) of every kind, nature, and type asserted by any person or entity arising out of the City's agreement, as set forth in the Development Agreement Amendment, to revise the assignment/transfer provisions set forth in the Development Agreement, or resulting from the City's approval of the Development Agreement Amendment, or arising from Ehline's entry onto the Property, or Ehline's or Developer's obligations to third parties including but not limited to those who have prepared plans or conducted work in furtherance of the Project, including, but not limited to, persons or entities who have designed or prepared plans or conducted any other work related to the Project on behalf of Ehline or Developer 11.1 Developer's indemnification obligations herein are in addition to the indemnification obligations contained in the Development Agreement, and nothing herein is intended to amend or limit Developer's indemnification obligations set forth in the Development Agreement. In the event of any conflict between the indemnification obligations herein and those contained in the Development Agreement, the indemnification provisions which provide the greatest protection to the City shall prevail. 2. Non -liability of City Officers and Employ. No officer, official, member, employee, agent, or representative of City shall be personally liable to Developer, or any GAWPDOCS\Docu=nts\CP CtrPt Amd1.DOC 251 successor or assign of same, in the event of any default or breach by City, or for any amount which may become due to City, or any successor or assign of same, or for breach of any obligation of the terms of this Indemnification Agreement 3. Successors and Assigns. This Indemnification Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the respective parties hereto. 4. Governing Law. This Indemnification Agreement shall be governed by and construed in accordance with the laws of the State of California. 5. Further Assurances. The parties covenant and agree that they will execute such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out this Indemnification Agreement. 6. Authority of Signatories to Bind Principals. The persons executing this Indemnification Agreement on behalf of their respective principals represent that (i) they have been authorized to do so and that they thereby bind the principals to the terms and conditions of this Indemnification Agreement and (ii) their respective principals are properly and duly organized and existing under the laws of, and permitted to do business in, the State of California. 7. Interpretation. The paragraph headings of this Indemnification Agreement are for reference and convenience only and are not part of this Indemnification Agreement. They have no effect upon the construction or interpretation of any part hereof. The provisions of this Indemnification Agreement shall be construed in a reasonable manner to effect the purposes of the parties and of this Indemnification Agreement. 8. Attorney's Fees. In the event that a party to this Indemnification Agreement brings an action against another party hereto by reason of the breach of any condition, covenant, representation or warranty in this Indemnification Agreement, or otherwise arising out of this Indemnification Agreement, the prevailing party in such action shall be entitled to recover from the non -prevailing party expert witness fees, and its reasonable attorney's fees and costs. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, including the conducting of discovery. 9. Counterparts. This Indemnification Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. [END — SIGNATURE PAGE FOLLOWS] G:\WPDOCS\Docu=nts\CP CtrPt An'ALDOC 252 IN WITNESS WHEREOF, this Indemnification Agreement has been executed by the parties as of the date set forth above. Dated: Dated: Dated: ATTEST: City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP "Developer" CP DEVELOPMENT LA QUINTA, LLC, a California limited liability company By: Oliphant Family Trust Its: Member Bv: Richard R. Oliphant Its: Trustee By: Oliphant Enterprises, Inc. Its: Manager Bv: Richard R. Oliphant Its: President "City" CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing.under the Constitution of the State of California Bv: _ Thomas Genovese Title: Executive Director By M. Katherine Jenson, City Attorney n 3 GAWPDOCS\Dmu=nts\CP CtrPt AnALDOC 4. 253 AGENCY CONSENT TO RECORDATION THE LA QUINTA REDEVELOPMENT AGENCY HEREBY CONSENTS TO THE RECORDATION OF THE FOREGOING AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT AGAINST THE REAL PROPERTY DESCRIBED IN EXHIBIT "A" TO SAID AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT. LA QUINTA REDEVELOPMENT AGENCY Its: STATE OF CALIFORNIA ) ) ss COUNTY OF On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 24 r GAWPDOCS\Docu=nts\CP CtrPt Amd1.WC 't" �1 Planning Commission Minutes September 28, 2004 D. Development Agreement 2003-006, Amendment #1; a request of the City for consideration of an Amendment to the Development Agreement by and between the City of La Quinta and CP Development La Quinta, LLC, the property located at the southeast corner of Miles Avenue and Washington Street. 1 . Chairman Kirk opened the public hearin asked for the staff L report. Interim Community Develo nt Director Oscar Orci presented the information containe,, report a copy of which is on file in the Community Devel ,ment artment. 2. There being no questions.,,., s ff and no lic comment, �t�i Chairman Kirk closed public.. participation iop of the hearing •-' 3. It was moved and seconded b". missioners Ladner/Daniels to adopt Plannin mmission Re ion 2004-073, approving Development prit 2003- ,,mendment # 1, as recommended:f '` s :.5 ROLL CAL ES: Comm? ers D , Ladner, Quill, and Chairman NOES: ne. AB NT: Commissioners Krieger. A IN: None.` E. Environm t 2 4-521 and General Plan Amendment 02; Dec of a HousinQ� ent. o x£`Y' y for consideration of adopting a Negative nmental impact and Amendment to the General Plan Chair n Kirk opened the public hearing and asked for the staff yw report$ :;y° Principal Planner Fred Baker presented the information cont ed in the report a copy of which is on file in the Community opment Department. Staff introduced Colin Drukker, The nning Center, who gave a presentation on the Housing Element. 2. Commissioner Daniels asked if the figures were a percentage from the Regional SCAG numbers. Mr. Drukker stated yes. Six percent of the new construction growth anticipated by SCAG to happen in La Quinta. 3. Chairman Kirk asked what is the most cost effective program in different cities for diversifying housing stock. Mr. Drukker stated r G:\WPDOCS\PC Minutes\9-28-04.doc Towf 4 �W amln1a COUNCIL/RDA MEETING DATE: October 5, 2004 ITEM TITLE: A Joint Public Hearing Between the City Council and Redevelopment Agency to Approve an Agreement to Sell Real Property Located at 53-195 Avenida Alvarado By and Between the La Quanta Redevelopment Agency and Francisco Nunez and Maria Macias RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the sale of 53-195 Avenida Alvarado to maintain an affordable housing unit in Project Area No. 1 for a purchase price of $165,000 and authorize the Executive Director to execute the necessary documents to complete the property sale. FISCAL IMPLICATIONS: The Agreement would result in the Agency receiving approximately $87,000 from the sale proceeds. The Agency would also issue a $70,000 silent second trust deed loan to insure that the dwelling is affordable to a very low-income household. BACKGROUND AND OVERVIEW: In August, 1995, the Agency acquired 50 single-family homes located in the Cove to secure these units from bankruptcy proceedings filed by the then owner, Coachella Valley Land. Prior to the bankruptcy, the Agency invested $1.0 million to maintain the dwellings as very low-income rental units. Since then, the Agency has been substantially rehabilitating these dwellings to correct deficiencies and improve their appearance. These costs have been funded from rental income. In February 1998, the Agency directed staff to sell two (2) units per year first to qualified tenants, and secondly, to other eligible very low-income households. Eleven dwellings have been sold to date, eight to existing tenants and three to non -tenant households. When the Agency initiated relocation activities at the Vista Dunes Mobile Home Park, staff initiated efforts to identify Park residents who were interested in, and who may qualify for, purchasing single-family dwellings that were either in the. Agency's rental housing program or featured an Agency sponsored silent second 19. 6,0 5 6 trust deed mortgage. Staff is contacted by the property manager (in the case of the rental housing program) or realtors (in the case of homes with silent second trust deed mortgages) when these dwellings are available for sale. Mr. Nunez and Ms. Macias, who are Vista Dunes residents, expressed interest in purchasing a home and took the required actions to qualify for a first trust deed loan. This home then became available, and upon inspection, they elected to purchase it. The sale transaction would be structured as other Agency affordable housing projects, wherein an Agency silent second trust deed mortgage would cover the difference between the market sales price and an . affordable first trust deed mortgage. The proposed purchaser is not an existing tenant; however, this property was vacant and the buyer is a very low-income household. If this sale is authorized, the unit will be sold for the market value of $165,000, with the buyer funding an 18% down payment and a private lender originating a $65,000 first trust deed mortgage (the maximum loan the homebuyer can obtain). The Agency would convert $70,000 of its equity in the property into a silent second trust deed loan. This unit has been substantially rehabilitated and therefore, can be counted toward the Agency's inclusionary housing requirement. FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1. Approve an agreement to sell real property located at 53-195 Avenida Alvarado to Francisco Nunez and Maria Macias for a purchase price of $165,000 and authorize the Executive Director to execute the necessary documents to complete the property sale; or 2. Do not approve an Agreement to sell real property located at 53-195 Avenida Alvarado to Francisco Nunez and Maria Macias for a purchase price of $165,000 and do not authorize the Executive Director to execute the. necessary documents to complete the property sale; or 3. Provide staff with an alternative direction. Respectfully submitted, Os r Orci, Interim Community Development Director Approved for submission by: , Thomas P. Genovese, City Manager Attachment: 1. Summary Report laquinta\lghp\rental housing\PH 3 RDA house sale