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2004 11 02 CCe a 4 4 449ha City Council Agendas are Available on the City's Web Page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting Tuesday November 2, 2004 - 2:00 P.M. Beginning Resolution No. 2004-121 Ordinance No. 410 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. Pleese 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 LEGAL COUNSEL REGARDING PENDING LITIGATION, COACHELLA VALLEY WATER DISTRICT V. CITY OF LA QUINTA, RIVERSIDE SUPERIOR COURT, INDIO BRANCH, CASE NO. INC 010827, PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a). City Council Agenda 1 November 2, 2004 1 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 RECOGNITION TO THE CITY OF LA QUINTA FROM THE CALIFORNIA STATE SENATE IN HONOR OF DEDICATION OF ARTWORK BY WILLIAM WARE AS PUBLIC ARTS. WRITTEN COMMUNICATIONS - NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF OCTOBER 19, 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 NOVEMBER 2, 2004. 2. APPROVAL OF A REQUEST FOR PROPOSALS (RFP) TO OBTAIN PROFESSIONAL ENGINEERING SERVICES FOR THE FISCAL YEAR 2004/2005 TRAFFIC SIGNAL IMPROVEMENTS, PROJECT NO. 2004-07. n City Council Agenda 2 November 2, 2004 �" 3. ADOPTION OF A RESOLUTION ACCEPTING A DECLARATION OF DEDICATION TO THE CITY OF LOTS 1 THROUGH 8 OF TRACT MAP 23268 FOR FLOOD RETENTION PURPOSES (APN 604-231-024 THROUGH -031) 4. ADOPTION OF A RESOLUTION ACCEPTING A DECLARATION OF DEDICATION TO THE CITY OF LOT 1 AND PARCEL A (APN 604-273-001 AND -009) AND LOTS 96 THROUGH 98 (APN 604-274-009 THROUGH -011) OF TRACT MAP 23913 FOR FLOOD RETENTION PURPOSES. 5. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT MAP 24197-1, MONTICELLO, CENTURY HOMES, LLC. 6. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 301381 DIAMANTE, LA QUINTA DEVELOPERS, LLC. 7. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT MAP, 29457-21 RANCHO LA QUINTA, T. D. DESERT DEVELOPMENT. 8. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 31311, SANTA .ROSA DEVELOPMENT — SENIOR HOUSING, SANTA ROSA DEVELOPMENT, INC. 9. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PUBLIC WORKS DEPARTMENT ASSISTANT ENGINEER II TO ATTEND THE AGTEK EARTHWORK 3-d SOFTWARE TRAINING SEMINAR TO BE HELD IN PHOENIX, ARIZONA, NOVEMBER 9-10, 2004. 10. APPROVAL OF A NATIVE AMERICAN HERITAGE COMMISSION AND LOCAL TRIBES NOTIFICATION PROTOCOL. 11. ADOPTION OF A RESOLUTION ACCEPTING AN EASEMENT FOR EMERGENCY INGRESS/EGRESS ACCESS ON COACHELLA DRIVE WEST OF EISENHOWER DRIVE FROM LANDAQ, LLC, ASSOCIATED WITH TRACT MAP NO. 31379. 12. ADOPTION OF A RESOLUTION ACCEPTING A GRANT OF EASEMENT FROM LANDAQ, INC., A DELAWARE CORPORATION, FOR PUBLIC ROADWAY PURPOSES ALONG EISENHOWER DRIVE ASSOCIATED WITH TRACT MAP NO. 31379. BUSINESS SESSION 1. CONSIDERATION OF ADOPTION OF RESOLUTIONS OF THE CITY COUNCIL CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2004-521 AND APPROVING AN AMENDMENT TO THE GENERAL PLAN (GPA 2004-102), HOUSING ELEMENT UPDATE. A. RESOLUTION ACTION(S) City Council Agenda 3 November 2, 2004 3 2. CONSIDERATION OF APPOINTMENT OF COMMUNITY SERVICES COMMISSION MEMBER. A. MINUTE ORDER ACTION. STUDY SESSION - NONE 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. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 8. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (OSBORNE) 9. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 10. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 11. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 12. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 14. SAN JACINTO/SANTA ROSA NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 15. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 16. INVESTMENT ADVISORY BOARD MINUTES DATED SEPTEMBER 16, 2004 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. REPORT REGARDING MEETING WITH PLANNING COMMISSIONER KREIGER. 2. CITY ATTORNEY A. REPORT ON "TRIBAL LAND ACQUISITIONS IN CITY AND GAMING ISSUES." 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY DIRECTOR'S MONTHLY REPORT - NONE 5. COMMUNITY DEVELOPMENT DIRECTOR'S MONTHLY REPORT - NONE 6. COMMUNITY SERVICES DIRECTOR'S REPORT - NONE 7. FINANCE DIRECTOR'S REPORT - NONE 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT A. REPORT REGARDING OLD TOWN REQUESTS. City Council Agenda 4 November 2, 2004 4 9. POLICE CHIEF'S MONTHLY REPORT — NONE 10. FIRE CHIEF'S MONTHLY REPORT — NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. IMPORTANT NOTE: The City Council will recess to 7:00 p.m. only if there are additional items from the afternoon session which need to be given consideration. Otherwise, since there are no scheduled public hearings, the meeting will be adjourned and there will not be a 7:00 p.m. session. PUBLIC COMMENT This is the time set aside for public comment on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three (3) minutes. Please watch the time clock on the speaker's podium. PRESENTATIONS - NONE PUBLIC HEARINGS - NONE For all Public Hearings on ' the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments to the La Quinta City Council before a public hearing may appear and be heard in support of, or in opposition to, the approval of project(s) at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on November 16, 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 5 November 2, 2004 5 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, November 2, 2004, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111, on Friday, October 29, 2004.. DATED: October 29, 2004 JUNE S. GREEK, CIVIC, City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777- 7025, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7025. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the 3:00 PM session or the 7:00 PM session. City Council Agenda 6 November 2, 2004 �+ 1000, o• 4 c 9w5 AGENDA CATEGORY: �MOF COUNCIL/RDA MEETING DATE: NOVEMBER 2, 2004 ITEM TITLE: Demand Register Dated November 2, 2004 BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING RECOMMENDATION: Approve Demand Register Dated November 2, 2004 BACKGROUND: Prepaid Warrants: 60653 - 606661 639275.28 60667) 33,000.00 60668 - 606841 745495.26 60685 - 606891 6,217.55 60690 - 606971 10,163.87 VOIDS} (35,938.03) Wire Transfers} 188,722.06 P/R 32361 - 323821 129,862.17 P/R Tax Transfers} 353007.51 Payable Warrants: 60698 - 608481 395,358.75 $9003164.42 FISCAL IMPLICATIONS: Demand of Cash -City $6655213.51 Demand of Cash -RDA $2 4,950.91 John M. Falconer, Finance Director CITY OF LA QUINTA BANK TRANSACTIONS 10/15/04 - 10/26/04 10 /15/04 WIRE TRANSFER - LANDMARK GOLF $66,811.56 10 /20/04 WIRE TRANSFER - VISTA DUNES $31,330.00 10 /20/04 WIRE TRANSFER - VISTA DUNES $8,742.00 10 /20/04 WIRE TRANSFER - VISTA DUNES $8,500.00 10 /20/04 WIRE TRANSFER - VISTA DUNES $11,325.00 10 /22/04 WIRE TRANSFER - ICMA $7,345.36 10 /22/04 WIRE TRANSFER - PERS $13,143.14 10 /25/04 WIRE TRANSFER - VISTA DUNES $24,025.00 10 /26/04 WIRE TRANSFER - VISTA DUNES $17,500.00 TOTAL WIRE TRANSFERS OUT $188,722.06 O M \ Co 0 W N OC t9 W Q OD d. E G � OZ .a CAC I- W C 0. 0 OL 19 W Z w F- Z m O u u a cc W m S Z Y Z Q m m I= W F N M U IN tY Y u W S (.I LU J to Q } Q d N H Z O t.� u Q 'a 00 N M Z K to old �t u. Z t-t Q O J m � a u O O 4c 4c O 1- aL N J Z \%O " VI so %t m J NMCF-j \S W OC7Q3 � J W E L6 O Im Q O 0 4499 n. 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I 1 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N u 1 W 1 \\\\ \ \ \\ \ \\\\\\\\ \\\\\\\\\\\\ \ \ \ W 1 F- 1 NNNN N N NN N NNNNNNNN NNN%ON%ONNNNNN N N N = I- 1 00 1 < I •Z d I OL 1 1 H 1 1 Z 1 W 1 tnN1-00 Ol Or N MOe-NM%ttnN 4inNOf-101-000%0e-NM 00 -t Ol 0 1• W I MMMM ti M .0000 o0 000 WW-t4.t.ttntntntn 0 to 00 O 1 =0 1 NNNN %t N -t%t .t" %tNNNNNNN -t-t-t%tNNNNNNNN N -4 u I u Z 1 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N u 1= 1 0000 0 0 00 0 00000000 000000000000 O O Cl < 10 1 0000 O O O O O 00000000 000000000000 0 0 0 1 > I > W H J u 1 I u F- 1 I 1 to Z 1 1 Z ►+ u W U. 1 0 u 0 1 i H N ca < } i 1 W u > F- 1 1 v F J .-t G .•.t i 1 J ►� OC � u. I U. 1 W Q 0. C O -1 to I 1 O W O W Z u -i \ r Q I I Q 1-- 1- d. 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W i 1 Z I 1 ••� 1 1 1 ' I 1 Fn e- 01 r- O N 4 Nt Nt �t -t 1.0 ti ti I- to to �t i 1 M O O �00 O 00 MMMM 0 O tr 00 O NN O I I 1 I I 11 1 I I I 1 1 1 1 1 1 1 I I I I I 1 In NOMM O %0 T- M M NNe- 0: I I to to to 1n to to e- v► 1n MMMM M to rn WI M to M M to W I 1 . N M M to qr- 4 N T- tr- a- r- w- � Z 1 Z I e- e- r-LnN �t tnr MMMM N NO V- MM N NN N O 1 4 st 4 %t M %t It %t Nt %t .t -t -t Nt -t -t Z 1 O I I 1 J1 1 1 1 1 1 1 I 1 1 I I 1 1 I 1, 1 1 I u 1 N N t NNN O NV- NNNN e- N _ M Cm Cm 1O �tJt `C Y 1 u 1 0 0 O coo 0 00 0000 O O o 00 0 tntn 0 Z 1 < 1 O O 0 coo O OO 0000 O 0 0 00 0 00 0 < 14 Fnkn M M � ti ti ti ti to 10 V- r- to in to to m 1 I I 1 1 I I I t I I 1 1 1 1 I 1 I 1 1 1 I t I } 1 1 O O O o00 O 00 0000 0 0 0 00 0 00 0 1 1 aC 1 I W 1 1 H 1 N W t -t -t 1 1 O O O 000 0 00 0000 O O 0 00 0 00 O i I O O O coo 0 00 0000 O o 0 00 0 00 0 Y 1 1 N N N NNN N NN NNNN N N N Cm Cm N Cm (M N I W 1 \ \ \ \\\ \ \\ \\\\ \ \ \ \\ \ \\ \ W %O %O %O NO %O so 1.0%0 %0 %0 %0 %0 NO %0 NO %0 %0 NO SO NO NO = I< 1 N N N NNN N Cm Cm NNNN N N N Cm Cm N Cm Cm N u I t7 I \ \ \ \\\ \ \\ \\\\ \ \ \ \\ \ \\ - i 1 O O O 000 0 00 0000 o O o 00 0 00 0 W J 1 1 Ca 1 1 < I 1 } 1 00 1 < 1 •Z 1 1 N 1 1 Z 1 a= I 0 c- to N M lO ti CO 01 0 N M to 140 to a, f` CO NO I W I ON O, to Ok Ol W% O► M to to %0 *O NO SO 0► %0 %0 %0 %0 so O I = O I %t -t NO %t V' %O -t "ONO %O *O %O NO %O %t %O NO SO %0 %0 %O ca 1 uZ I N N N NNN N NN NNNN N N N NN N NN N u 1= I 0 O 0 000 0 00 0000 O O 0 00 O 00 O 6 10 1 O O 0 000 O 00 0000 O O O 00 O 00 0 > i I 1 J u O < J I I 0 W •i u LL. O Z S W = 1- 0 G1-- 1 I Z W Z O J aG J O c O 0 < W Q 1 1 O W t� H t.� ' J W S W 1 I S 1 ti W ti S W = 1 } H aC L . 1 I Ia1 z O O } } } } u 1 1 H Z = V) O F- 1- H F-- I- ►� W < to H } Z Z Z Z J m < I 1 H 0 a. < Z to Z O O O O 00 ►� 1 aC 1 H W CO J N Z < t� V ar rn Z I O W 1 ix 3 W W 0. J I dnS I W O on H V W W W W ui W W to O X I Z I C } J ►'t < N W VN Vf VN N t/I N N 0 J m I I W J V) H H = \ ac IY OC w at: a< e- Q 1 1 z Z W W Z Z IL. Q W W W W W W W 410 I 1 J 1- 3 W ►-t �I J Vf > > > > > > > a CL a a. C L O ac ac ac ac ac o: ac o «1 t O I- U. I N J Z 1 1 0 1.0 rn ti M S ti N 0% �t 0 CO \%O H H I w I to %t ti 0% -t IN- N to 00 1n 1� 00 to Ol N %O Nt J 1 0 1 to N N a- N N N N N N to N N NMC3-J 1 00 1 e- \E W I Z Z 1 0 0< 3 1 W 1 T- J 1 > •• 1 1 WIwoZ aL 0 1 1 ON 0 e- N M -t to NO ti CO 0% 0 N M aC < 0 0 1 1 Ol O O O 0 0 O 0 o O 0 c- r- w- r' < aC 1 X i ti 00 00 CO 00 00 00 00 00 00 00 00 00 00 00 a_t9}X 1 u 1 O O O O O O O O 0 O O O O O o W O F- Z I W O 1 1O so NO NO %O NO qkO 40 NO NO %0 NO `O '40 NO w��< I ='Z I 11 a_a41to I u 17 O M 1 1 O O O 0 to 0 c0 O so M &A O O O 0% \ I Y J I O O 0 O N W% P 0% O V1 ti M 1 UQ i O 1 W 1- 1 O O 1n 0: O� O N �t ti 00 �O ti O N `G O 1= 0 1 M �O 1n ti e- O NO e- ti in %O M co W N CiC I u F- I N e- 0 ti N O W 1 Q co I I .4 0 CL = 1 1 G =30 1 1 O Z 1 1 ►-1 I I ' CIC F- 1 I W CC I CL O 1 1 O. (DW IF,ZI H I 1 is 4c lc 4c -Ic 4c 4c 4c 4c is -1c 4c -1c -Ic -1c F- I O F- I Z I >E W I 1 QCIC 1 O 00 00 00 in LA 00 0000 00 MLf%rnmN,4O MM 1n1n 00 00 00 010ON rn O --t 00 T- T- 00 0►1-tr-0m V tnln O404, 010% 00 1n1n I-01� 00 u 1 cU'i I O OO MU4 O�C� 4 �4 � OO NN 44 M1+ u'1O:Nti COo0 �O�O tif` OO an1n V- LA 00 Q i z" I 1n to NO 1nV► titi T- T- OO %0%0 �� Me-InN-tti MM %ONO Ntn e-� r-T <n I QD I tee- an an 00 00 -t-.t I N Coco Il-IL cm 1 F ta. 1 %t %t Coco r' 1 ►10 1 1 L 1 1 W F- 1 I CC W 1 I Z 1 1 v 1 1 t 1 1 I 1 1 O O e- 00 MORON N -t ti Fn e- 00 N O O O O O +1M 00 1OMM 0 M O O O -t -t O I t 1 I 1 I 1 1 1 11 1 1 1 1 I I i I 1 1 1 I i M' O M M u► V► M e- so NO %O �O %O M Al M to M M 1.0 %t %t 1n M 1n to N 1n ti kn -t Nt 1n W co 1 F- I N e- In 1n � M c- O: e- a- u1 S 1 Z e- 1n UN 1n e- r- T- M M T e- N a-- e- 1 Z I 1n M -t -t to 1n 3 1n 1n %n an Z i O I 1 1 1 1 1 1 1 I I 1 1 1 1 1 1 I I 1 1 1 1 u t O O N -t M -t co MNT-NN -t O co �. N 00 he u 1 -0 O 0 0 N 0` 0 00000 O O O O N 00 O Z I Q I O O O O ti %O 0 00000 O O O O ti 00 0 Q I 1 O M M e- a- u► M%IN�tM ti 0 to 00 �f m I I I I I 1 1 1 1 I I I i I I I I I I 1 1 1 I I T" a- e- T- qc- V- c-- T- T- r- T- T" T- r- •-- V- e- V } 1 I O 0 O O O O 0 00000 O 0 O O 0 00 0 CD 1 an M 1 ix 1 1 W I 1 H 1 1 N 1 1 W �t Nt -t %t --t -t -t �f I I O O O O O 0. 0 00000 O O O O 0 00 0 1 I O O O O O O 0 00000 O O O O 0 00 O Y i 1 N N N N N N N NNNNN N N N N N NN N v I W I \ \ \ \ \ \ \ \\\\\ \ \ \ \ \ \\ \ W 1 1-- 1 %O %O %O %O %O %O %O %0 %O %0 %0 %0 NO %O %O NO NO %0 %0 %O = I Q 1 N N N N N N N NNNNN N N N N N cm cm N. 1 I O O O O O O O 00000 O O O O 0 00 0 We- J 1 m 1 Q I I } I O 0 1 Q I •Z 1 d I 9L 1 1 N I 1 Z I oC 1 c0 ti 0 O. 0 e- ti N M %t N 1n M ti c0 0. O I W I Olk O% W- 0. 0 ti co O O O Oti 0 ti ti 0 ti 00 0 0 1 = O I -t %O 1n %kO %O 1n 1n M 1n %O M NO so 1n %O 1n M 1n u 1 V Z I N N N N N N N NNNNN N N N N N NN N c� 1= I O O O O O O 0 00000 O O O O 0 00 0 OK 10 1 O O O 0 O O 0 00000 O O O O 0 00 O 1 > 1 I I J Z 0 I 1 u > W W Q 1 = Z W F- O } 1 1 I- W O Q Q Z I i J t9 } (J 3 w Q 1 i Q Q t/1 1- 0 > W CK ix Z } Q I- C I 1 = O W } CL N Q 1 F- m 0 Z W J 9L Z S V Q CL w W = to I I 1-1 m d Vf J W 41 0 J u N 1 I J o11 .J O Z W J Vf = Z W • W W I I m Q CL Z O Z W J I-- H H co F- Z Q 1 1 = t, u Q Z Q ca J 0 00 1 CIC I CL Z Z Cr C '7 Z Z W Q Z 0 y M z 1 0 1u 1 ►a O W CC W 1-1 H W a. C9 m I O Z I W 3 N F- a W w W 0- 0 Q } O co tf► O Y 1 Z Q I o 0 0 Z CC 0 cm ►-1 O Z Z 1n Q �t a� Z 1 W Z 1 ►•1 F- O ig H U X *a CL I= ►+ dw W, w n-1 Q I> I dN N Cr a"W (7 W 3 V) W O J co I 1 0: V1 W co Q Z J F- = G = _ - -i e- Q 1 1 tL in 0 . Z O CL d= H O Z H F- Z CL L) 0 1 I > Z Z I- Z Z S E Q ►+ v > > > Q Q (m I 1 H O O O Q W O O O 0 1•- !- �t ( I CY CG CL CC N N N V1 co NN 1A N Vl V) Vf Vf 0 4c 4c 1 1 O F- 11_ I 1 N J Z I 1 0 N %O M -' 00 1 N %O M ti r- ti ti M 0 \%O ►+ V1 I iz I N 0� ti ON Oc %t Co 0% %t %O -t 0% ti e- c- NO -t m J 1 0 1 N Nt N .t N N Nt NMQJ I o0 I \E W I Z Z 0 0 0 3 I W J I > W M LL. O 1 0 Ol O N t 1n %O IL Co W Q O O I 1 c- e- e- r' T- r' N N N N N N N N N Q CC i Y I I 0o 00 c0 co 00 c0 00 00 Go 00 c0 c0 00 0 co CO CL(7}Y I u 1 O O O O O O O O O O O O O O 0 0 W 0 I-- Z I W O 1 NO �O %O 110 %O %O %O 140 %O NO %O �O NO %O NO `O CC OC r-1 Q I = Z I tia.vco I Q 1 12 18 V--itti I I t O rn1 1 •t M O O 0 to O O� C` \ I Y J I 00 N O O 00 1- O 00 0 to 1 uQ I O I W I- 1 ti 0: to O� N 0 1 =O 1 00 N -.t O O N a W N GC 1 u I-- I NO --t N N I` -t t- Ol O W I 1 Q m I 1 N O Z I I •r 1 DC H I I W W 1 1 a. 0 1 1 d 1 t9W 1 Fz 1 hi I O < 1 4c 'Ic -Ic 4c -Ic 4c -tc f- I O F- I Z I I W S 1 O 1 t- f0tntn%0tn1 l`o0� I,O,OM 000 00 N1-0. tnoOtn 00 .ttn0• OI�NOOtn0tn0► O 1 \I NO�NtnO�Mlnl`0�00 �t�O�N 000 00 N4r-W 1`001- 00 00000 O*,ONO00%t-�O v 1 W tj 1 . . . . . . . . . c.) 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I I z m e- ►•+ I CL I oC co J I I W Q I W000 1 1-T- 0NM4 w I Z W Z I aNO 0%0%0%0 �t i QS I "M ccMMM I N QNNN O Q I 0 1 ZO u.000 N I- I c.0 1 00 000 \JZ 1 0> I r4 N .t 0K ► 4 1 p I ►� J e- In = 'I Z I ix J --%M CQ I W I W W' OZ I > 1 > 3 p •• I W I 0 000 W Z li 1 O Q I 00 NO %t \\\ oC Q 0 1 Z H 1 -.0 ti 0% 0% 0. 4cw 1 00 1 Or N or0> 1 p>Z 1 00 00%CA0% WOF- 1 ZZ 1 000 ONNN ==" I W N 1 00 0000 o_o.(1 1 > I ONO Otititi "43 /1 ty T4t!t 4 44P COUNCIL/RDA MEETING DATE: November 2, 2004 ITEM TITLE: Approval of a Request for Proposals to Obtain Professional Engineering Services for the Fiscal Year 2004/2005 Traffic Signal Improvement Program, Project No. 2004-07 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: OL STUDY SESSION: PUBLIC HEARING: Approval to authorize staff to distribute a Request for Proposals (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Fiscal Year 2004/2005 Traffic Signal Improvement Program, Project No. 2004-07; and appoint a Consultant Selection Committee. FISCAL IMPLICATIONS: The following represents the project's funding and funding sources presented within the approved Capital Improvement Program (CIP) for Fiscal Year 2004/2005: CIP No. 200402 - Traffic Signal Westward Ho Drive at Dune Palms Road Transportation DIF: $130,260 City of Indio: $43,750 Total: $174,010 CIP No. 200403 - Traffic Signal Jefferson Street at Avenue 53 Transportation DIF: $86,510 Developer: $87,500 Total: $174,010 Combined Project (Both Signals) Transportation DIF: City of Indio: Developer: Grand Total: $216,770 $43,750 $ 87, 500 $348,020 S:\CityMgr\STAFF REPORTS ONLY\11-2-04\C 1 2004-07.doc 50 The following represents the anticipated project budget for the combined project: Construction: Design: Inspection/Testing/Survey: Administration: Total: CHARTER CITY IMPLICATIONS: $270,374 $35,000 $ 27,126 $15,520 $348,020 A portion of the project is anticipated to be funded by the City of Indo. Staff is investigating whether the joint funding of this project will require prevailing wage. Staff will provide further information prior to recommending a design contract for this project. BACKGROUND AND OVERVIEW: The proposed improvements include the installation of a new traffic .signal at the intersection of Dune Palms Road and Westward Ho Drive, directly adjacent to La Quinta High School, and at the intersection of Jefferson Street and Avenue 53, the SilverRock Resort eastern entry road. The Consultant Selection Process outlined within City Resolution 96-80 shall be followed. In accordance with Resolution 96-80, the City Council is notified of the potential need to contract for professional services in excess of $10,000. Staff suggests the City Council appoint a Consultant Selection Committee consisting of the following members: Tim Jonasson, P.E., Public Works Director/City Engineer Steve Speer, P.E., Assistant City Engineer Nick Nickerson, Project Manager Contingent upon City Council authorization to distribute the RFP (Attachment 1) on November 2, 2004, the following represents how the project is expected to proceed: Issue RFP Proposal Due Date Consultant Selection Process Recommendations to City Council Project Design (4 months) November 3, 2004 December 3, 2004 December 2004 January 4, 2005 January - April 2005 S:\CityMgr\STAFF REPORTS ONLY\11-2-04\C 1 2004-07.doc 2 51 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize staff to distribute a Request for Proposals to obtain professional engineering services to prepare the plans, specifications and engineer's estimate of probable construction costs for the Fiscal Year 2004/2005 Traffic Signal Improvement Program, Project No. 2004-07, and appoint a Consultant Selection Committee; or 2. Do not authorize staff to distribute a Request for Proposals to obtain professional engineering services to prepare the plans, specifications and engineer's estimate of probable construction costs for the Fiscal Year 2004/2005 Traffic Signal Improvement Program, Project No. 2004-07, and do not appoint a Consultant Selection Committee; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R J nas4b, P.E. Public Work Dire/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Request for Proposals 3 52 CITY OF LA QUINTA REQUEST FOR PROPOSALS PROFESSIONAL ENGINEERING AND DESIGN SERVICES FISCAL YEAR 2004/2005 TRAFFIC SIGNAL IMPROVEMENT PROGRAM The City of La Quinta ("City") requests proposals from qualified professional engineering consultants to prepare plans, specifications, and estimates (PS&E), and contract bid documents for the Fiscal Year 2004/2005 Traffic Signal Improvement Program, Project No. 2004-07. The proposed improvements include the installation of a new traffic signal at the intersection of Dune Palms Road and Westward Ho Drive, and for the installation of a new traffic signal at the intersection of Jefferson Street and Avenue 53. The design consultant will be responsible for preparing a signal warrant analysis for each location. If the signals are determined to be warranted, the design consultant will be responsible for preparing the project plans, providing an itemized engineer's estimate, bid schedule, bid item descriptions, payment methods, and technical provisions. Samples of these specification documents are available for review within the City Public Works/Engineering Department. The City will prepare the remainder of the project bid documents. 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 study and prepare signal warrant analysis for each proposed intersection. • Perform appropriate engineering related field survey, and base map preparation. Perform utility coordination, identify points of connections, and obtain clearances. Prepare project plans, specifications and engineer's estimates of probable construction costs. ■ Plans will likely include Title Sheet, Traffic Signal Plans, Signing and Striping Plans, and necessary construction details. ■ Project Specifications and Bid Documents will likely include the detailed project description, preparation of bid schedule, bid item descriptions, payment methods, special provisions, technical specifications, and any specification detail sheets or standard plans. Paae 1 of 5 4 J 3 • Consultant coordination will include an appropriate number of meetings with City staff. The consultant may be required to attend a City Council meeting. The design consultant will be expected to attend the pre -bid meeting and will respond to contractor requests for clarification during the bid process. Project Development Process 1. Pre -Design Meeting Initial meeting between the consultant and City staff to clarify project design objectives. 2. Agency Approval A. Consultant will submit PS&E and/or other necessary documents to City to obtain approval. At a minimum, the consultant should plan for the following plan check submittals: (1) 1 st Review - Concept Review (2) 2nd Review - 85-90% Check Plans & Specs (3) 3rd Review - 100% Check Plans, Specs, & Engineer's Estimate (4) 4th Review - Preliminary Final (screen check) B. Staff approved PS&E will be submitted to the City Council for approval. C. All approved plans will be provided to the City on compact disk in AutoCAD 14 format, as well as on "D" size Mylar. Specification documents, including technical specifications, will be provided on digital medium disks in Microsoft Word for Windows format. The Engineer's estimate will be provided in Excel for Windows format. 3. Bidding Phase The consultant will be expected to provide assistance in preparing the necessary documents and coordinate advertisement of the project for bid. Technical support during the bidding and award process will also be required. 4. Proposal Format Proposals (work proposal and cost proposal) are to be submitted in separate envelopes clearly marked with the consultant's name, address and phone number. Only one proposal per consultant will be considered. 5 54 Paae 2 of 5 Proposal packages are to be submitted to the City on/or before December 3, 2004 at/or before 5:00 p.m. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: Nick Nickerson, Project Manager City of La Quinta Public Works/Engineering 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. D. Scope of Work Program A description of the tasks, sub -tasks, and deliverables that will be provided. E. Project Schedule Time is of the essence. A comprehensive design schedule is to be submitted describing the nature and scheduling of proposed tasks and reflecting January 10, 2005 as the start date. 6 Paae 3 of 5 55 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 or may not 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 Professional Services Agreement presented as Attachment 1. 7 Paae 4 of 5" CITY OF LA QUINTA REQUEST FOR PROPOSALS PROFESSIONAL ENGINEERING AND DESIGN SERVICES FISCAL YEAR 2004/2005 TRAFFIC SIGNAL IMPROVEMENT PROGRAM The following is a summary of costs to provide the services outlined in the Request for Proposals for professional engineering consultants to prepare the PS&E for the Fiscal Year 2004/2005 Traffic Signal Improvement Program and will be used as the basis for negotiating a Professional Services Agreement: Work Objectives Proposed Cost 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. TOTAL LUMP SUM FIXED FEE: $ Consultant may include, as many, or as few, work objectives as it believes are necessary to complete the project. Attached herein is a detailed man-hour and fee breakdown for the tasks and sub -tasks defined in our proposal. Prime Consultant Date Signed Paae 5 of 5 8 57 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 ("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 Professional Engineering Services for the Fiscal.Year 2004/2005 Traffic Signal Improvements, Project No. 2004-07, 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 Base-con.rev Page 1 !)f 13 58 required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Dollars ($ ) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when Base-con.rev PaggVf 13 and if in his or her judgement such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. 14 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 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. Base-con.rev Page 19f 13 cc 60 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. Base-con.rev PagefTf 13 61 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: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents.. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Base-con.rev Page"f 13 Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails. to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non - defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall Base-con.rev Pag&Mf 13 f� 3 not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION_ . 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or Base-con.rev Pagef.9f 13 64 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 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92247-1504 To Consultant: Attention: 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing the Agreement the parties hereto are formally bound to the provisions of this Agreement. Base-con.rev Pageflof 13 [' U� IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California municipal corporation Thomas P. Genovese, City Manager ATTEST: June Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT By: Name: Title: Date: Date Base-con.rev Pagef-pf 13 Exhibit A Scope of Services Base-con.rev Page 10 of 13 18 617 Exhibit B Schedule of Compensation 4 Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed Dollars ($ ) except as specified in Section 1.6 - Additional Services of the Agreement. Base-con.rev Page 11 of 13 19 Exhibit C Schedule of Performance Consultant shall complete all services within of the date of this Agreement. ) days Base-con.rev Page 12 of 1320 c C Exhibit D Special Requirements Base -con. rev Page 13 of 1321 70 COUNCIL/RDA MEETING DATE: November 2, 2004 ITEM TITLE: Adoption of a Resolution Accepting a Declaration of Dedication to the City of Lots 1 through 8 of Tract Map No. 23268 for Flood Retention Purposes, APN 604-231-024 through -031 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve and adopt a Resolution accepting the Declaration of Dedication to the City of Lots 1 through 8 of Tract Map No. 23268 for Flood Retention Purposes, APN 604- 231-024 through 031. FISCAL IMPLICATIONS: The existing retention basin, located on Lots 1 through 8 within the Acacia subdivision (Attachment 1), has been maintained by the City's Landscape and Lighting Assessment District No. 89-1 for some time. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Dedication of the constructed retention basin, located on Lots 1 through 8 (APN 604- 231-024 through -031), was a condition of Tract Map No. 23268. A Declaration of Dedication for flood retention purposes was recorded in the City's favor on February 16, 1990 as Instrument 60382 (Attachment 2) by the developer. Although the City has maintained the improved retention basin since accepting the tract improvements, the City has not formally accepted the Offer of Dedication. The City incorporated maintenance of this retention facility within its Landscape and Lighting Assessment District No. 89-1; several years ago. At the time of development of Acacia, buildable lots were dedicated by the developer as a retention basin for flood retention purposes. The dedication was done in a manner so as to allow the developer to regain full use of the property in the event the City constructed alternate flood control facilities to eliminate the need for the retention ►71 basin. The county assessor's office continued to hold this lot as a taxable property and annually sent a tax bill to the property owner (i.e., the developer). The developer apparently stopped paying the property tax and the County turned it over for an auction sale. The retention basin lots were subsequently purchased by Mr. Charles L. Baca, who apparently was unaware of the lot's intended use and the storm water restrictions that were recorded against the property. The County has requested the City to accept a Declaration of Dedication so that it can be taken off the assessor's records. By accepting the Declaration of Dedication for this flood regulation basin, the City will maintain its right to treat public water that currently drains from several city streets onto the lots and will eliminate the confusion of the buildability of this lot by removing it from the assessor's roles. Staff therefore recommends that this dedication be accepted to eliminate any confusion regarding the status of this property in the future. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve and adopt a Resolution accepting the Declaration of Dedication to the City of Lots 1 through 8 of Tract Map No. 23268 for Flood Retention Purposes, APN 604-231-024 through -031; or 2. Do not approve and adopt a Resolution accepting the Declaration of Dedication to the City of Lots 1 through 8 of Tract Map No. 23268 for Flood Retention Purposes, APN 604-231-024 through -031; or 3. Provide staff with alternative direction. Respectfully submitted, mothy ona s , P.E. Public Works Dir or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Declaration of Dedication 2 74 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ACCCEPTING THE DECLARATION OF DEDICATION TO THE CITY OF LOTS 1 THROUGH 8 OF TRACT MAP NO. 23268 FOR FLOOD RETENTION PURPOSES (APN 604-231-024 THROUGH - 031) WHEREAS, the construction and offer of dedication of the retention basin on Lots 1 through 8 of Tract Map No. 23268 (APN 604-231-024 through -031) was a condition of the Acacia development project; and WHEREAS, the property so offered for dedication is more full described in Exhibit "A" hereto, which description is incorporated herein as though set forth in full (hereinafter referred to as the "Dedicated Property"); and WHEREAS, the retention basin was subsequently installed by the developer of Acacia development project on the Dedicated Property; and WHEREAS, a Declaration of Dedication for the flood retention basin was accordingly recorded with the County of Riverside on February 16, 1990 as Instrument 60382; and WHEREAS, the City of La Quinta now desires to accept said Declaration of Dedication, in order to avoid any confusion as to the permitted use of the Dedicated Property and to ensure the continued maintenance of the property for flood retention purposes. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La Quinta, California as follows: SECTION 1. The City Council of the City of La Quinta hereby accepts the Dedicated Property. SECTION 2. The City Clerk of the City of La Quinta is hereby authorized to record this Resolution in the Office of the County Recorder in the County of Riverside, State of California. 3 73 Resolution No. 2004- Acceptance of Declaration of Dedication RW-D 2004-059 Adopted: November 2, 2004 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of La Quinta, California held on this 2nd day of November 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DONALD ADLOPH, 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 4 74 Resolution No. 2004- Acceptance of Declaration of Dedication RW-D 2004-059 Adopted: November 2, 2004 Page 3 EXHIBIT "A" Description of Real Property: "Lots 1 through 8, inclusive, of Tract Map No. 23268, as recorded in Map Book 213, Page 67-73 in the office of the County Recorder, County of Riverside, State of California APN 604-231-024 through -031 5 75 ATTACHMENT 1 PRO414 cc r S/TE TR. 2.3268 VICIN OR/ Ve ATTACHMENT 2 ;rrWb34;f- , I 7.4 4C.4z* FM V4, ol �� o � o �� ho \ 00 J C4 �� ao 34 off° � �7 va K L or .4,vo z.4A1w5c4,w-,w Zor AV- 7 77 V* COUNCIL/RDA MEETING DATE: November 2, 2004 ITEM TITLE: Adoption of a Resolution Accepting a Declaration of Dedication to the City of Lot 1 and Parcel A (APN 604-273-001 and -009) and Lots 96 through 98 (604-274-009 through -011) of Tract Map No. 23913 for Flood Retention Purposes RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve and adopt a Resolution Accepting a Declaration of Dedication to the City of Lot 1 and Parcel A (APN 604-273-001 and -009) and Lots 96 through 98 (604-274- 009 through -01 1) of Tract Map No. 23913 for Flood Retention Purposes. FISCAL IMPLICATIONS: The existing retention basins, located on Lot 1, Parcel A, and Lots 96 through 98 within the Quinterra subdivision (Attachment 1), have been maintained by the City's Landscape and Lighting Assessment District No. 89-1 for some time. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The dedication of the construction retention basins, located on Lot 1, Parcel A and Lots 96 through 98 (APN 604-273-001 and -009 and APN 604-274-009 through - 011, respectively), was a condition of Tract Map No. 23913. A Declaration of Dedication for flood retention purposes was recorded in the City's favor on October 23, 1990 as Instrument 388860 (Attachment 2) by the developer. Although the City has maintained the improved retention basins since accepting the tract improvements, the City has not formally accepted the Offer of Dedication. The City incorporated maintenance of this retention facility within its Landscape and Lighting Assessment District No. 89-1 several years ago. At the time of 'development of Quinterra, buildable lots were dedicated by the developer as a retention basin for flood retention purposes. The dedication was done in a manner to allow the developer to regain full use of the property in the event the City constructed alternative flood control facilities to eliminate the need for the retention 78 basin. The county assessor's office continued to hold this lot as a taxable property and annually sent a tax bill to the property owner (i.e., the developer). The developer apparently stopped paying the property tax and the County turned it over for an auction sale. The County has requested the City to accept a Declaration of Dedication so that it can be taken off the assessor's records. By accepting the Declaration of Dedication for this drainage retention basin, the City will maintain its right to handle public drainage water that currently drains from several city streets onto the lots and will eliminate the confusion of the buildability of these lots by removing them from the assessor's roles. Staff recommends that this dedication be accepted to eliminate any confusion regarding the status of this property in the future. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve and adopt a Resolution accepting the Declaration of Dedication to the City of Lot 1 and Parcel A (APN 604-273-001 and -009) and Lots 96 through 98 (APN 604-274-009 through -01 1) of Tract Map No. 23268 for Flood Retention Purposes; or 2. Do not approve and adopt a Resolution accepting the Declaration of Dedication to the City of Lot 1 and Parcel A (APN 604-273-001 and -009) and Lots 96 through 98 (APN 604-274-009 through -011) of Tract Map No. 23268 for Flood Retention Purposes; or 3. Provide staff with alternative direction. Respectfully submitted, W P., imoth�Us on s on, P.E. Public D ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Declaration of Dedication 2 79 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ACCCEPTING THE DECLARATION OF DEDICATION TO THE CITY OF LOT 1 AND PARCEL A (APN 604-273-001 AND -009) AND LOTS 96 THROUGH 98 (APN 604-274-009 THROUGH -011) OF TRACT MAP NO. 23913 FOR FLOOD RETENTION PURPOSES WHEREAS, the construction and offer of dedication of the retention basins on Lot 1 and Parcel A (APN 604-273-001 and -009) and Lots 96 through 98 (APN 604- 274-009 through -01 1) of Tract Map No. 23913 were a condition of the Quinterra development project; and WHEREAS, the property so offered for dedication is more full described in Exhibit "A" hereto, which description is incorporated herein as though set forth in full (hereinafter referred to as the "Dedicated Property"); and WHEREAS, the retention basins were subsequently installed by the developer of Quinterra development project on the Dedicated Property; and WHEREAS, a Declaration of Dedication for the flood retention basins were accordingly recorded with the County of Riverside on October 23, 1990 as Instrument 388860; and WHEREAS, the City of La Quinta now desires to accept said Declaration of Dedication in order to avoid any confusion as to the permitted use of the Dedicated Property and to ensure the continued maintenance of the property for flood retention purposes. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La Quinta, California as follows: SECTION 1. The City Council of the City of La Quinta hereby accepts the Dedicated Property. SECTION 2. The City Clerk of the City of La Quinta is hereby authorized to record this Resolution in the Office of the County Recorder in the County of Riverside, State of California. 3 $o Resolution No. 2004- Acceptance of Declaration of Dedication RW-D 2004-060 Adopted: November 2, 2004 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of La Quinta, California held on this 2"d day of November, 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DONALD ADLOPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 4 81 Resolution No. 2004- Acceptance of Declaration of Dedication RW-D 2004-060 Adopted: November 2, 2004 Page 3 EXHIBIT "A" Description of Real Property: "Lot 1 and Parcel A and Lots 96 through 98 of Tract Map No. 23913, as recorded in Map Book 226, Page 72-76 in the office of the County Recorder, County of Riverside, State of California APN 604-273-001 and -009, APN 604- 274-009 through -011 5 82 ATTACHMENT VICINITY MAP '3t'T`v'0 `1.S.Mnv� 3atSb'3ntt�'�o ON '16Nc %Vo `NtSIf9 N0LLN� 3 0001�) t�tGtld�tQ3Q �o NOt.LVSV'1030 7F J a Q Otu J� d • LL 00LL ap•pc c c W W w s c n O QW f(i m N 3 m v� CU my � qr ��' m 1 wl c •� .Jm LU ' a^i °° co o V m z Z m Z u Z Q. Q n Z 00' LL 00 • LL 00•L* L.G DLG LE • �'�£ M. OE . bZ •O N 00-gir - "oa•Str p — OD O i2_ O� O o m l Of LE' 9LZ O o 0 T Q �o m 0 fB' B8 00.06 3 00,49— ' 00.0£ 00.0 3 W my o �.., mn w Q� (D N p O N N co r n m � p ti? cu � m wl. N O V C> o `OD Z Z Z U7 09•£oT NQ 0£.tZ.O N ■ w a s 0 MaGE.irEsO N 0 p,q.. �' m O m © d� J Z Q to OV£OT cn O€, IF?, 00 N M 3 to00'q£ ig r m v !n to • Al si V M N s� d m Z0' 00£ .gyp, r' Z � M cn o0•Zs o m .. m Z N � A OD N o0 5 Q y•5� do•g+, in 00 • ZL M„ 0£ . rZ .O N 00 '16 �` co 00.0£ vI w oa • aE s c '-- 1 N �� o ,00'05 aa•ss 00.8L 00•g5 ATTACHMENT 2 LU W Q En W .J H 94. T4hf 4�Q�rw COUNCIL/RDA MEETING DATE: November 2, 2004 ITEM TITLE: Acceptance of Improvements Associated with Tract Map No. 24197-1, Monticello, Century Homes, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: V STUDY SESSION: PUBLIC HEARING: Accept improvements to Tract Map No. 24197-1, Monticello, Century Homes, LLC, and authorize staff to release performance securities, except for Jefferson Street, upon receipt of Warranty securities. FISCAL IMPLICATIONS: Acceptance of the improvements will have fiscal implications to the General Fund as follows: Street sweeping costs are estimated to be $955 annually. Landscape maintenance costs are estimated to be $22,560 annually. These estimated costs have been included within the 2004/2005 Operating Budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 24197-1 is located west of Jefferson Street, north of Miles Avenue, and south of Fred Waring Drive (Attachment 1). This development consists of 30 residential lots and 3.9 acres of land dedicated to the City as Monticello Park.. Also included in the landscape maintenance of this tract is the landscaped median on Miles Avenue. All improvements are now complete and all other obligations of the Subdivision Improvement Agreement have been satisfied. Attachment 2 is a Table of Values indicating securities currently retained and recommended to be released after Warranty securities are received by the City. The developer has provided security bonds to the City, for their portion to construct Jefferson Street. This portion of construction to Jefferson Street falls within the limits of the CVAG funded project headed by the County of Riverside. 85 S:\CityMgr\STAFF REPORTS ONLY\11-2-04\C 4 TM 24197-1 AM FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept improvements to Tract Map No. 24197-1, Monticello, Century Homes, LLC, and authorize staff to release performance securities upon receipt of Warranty securities; or 2. Do not accept improvements to Tract Map No. 24197-1, Monticello, Century Homes, LLC, and do not authorize staff to release performance securities; or 3. Provide staff with alternative direction. Respec,#ully submitted, Steven D. p er, P.E. Assistant i Engineer Approved for submission by• Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Table of Values TAMDEMCOUNCIU2004\11--02-04\C 4 TM 24197-1.doc 2 86 ATTACHMENT 1 t- J 3 87 ATTACHMENT 2 SECURITY TRACT NO. 24197-1 PERFORMANCE SECURITY Labor & Current Proposed Warranty Improvement Description Materials2 Amount Reduction Amount3 Grading $246,250 $246,250 90% $24,625 Streets $370,490 $370,490 90% $37,049 Domestic Water $149,000 $149,000 90% $14,900 Sanitary Sewer $162,180 $162,180 90% $16,218 Dry Utilities $294,760 $294,760 90% $29,476 Perimeter & Basin Landscaping $740,000 $740,000 90% $74,000 Monumentation $0 $10,000 100% $0 Construction Subtotal $1,962,680 $1,972,680 $196,268 Engineering & Plans $394,536 100% $0 No -Plans Contingency $591,804 100% $0 Total $1,962,680 $2,959,020 $196,268 Performance Security shall be released upon receipt of suitable Warranty Security. 2 Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements (February 2, 2005). 3 WARRANTY SECURITY shall remain in place for one year (November 2, 2005) after City Council acceptance of improvements. M US 4 COUNCIL/RDA MEETING DATE: November 2, 2004 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 30138, Diamante, La Quinta Developers, LLC. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement (SIA) for Tract Map No. 30138, Diamante, La Quinta Developers, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 30138 is located east of Jefferson Street and north of Avenue 52 (Attachment 1). This residential development will consist of 47 lots on approximately 14.8 acres (Attachment 2). On August 5, 2003, the City Council approved Tentative Tract Map No. 30138. The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. To date, the SIA (Attachment 3) has been executed by the developer, but the associated securities have not yet been received. The Final Map is technically complete and is being routed for signatures. The developer expects that all signatures will be in place within the time allowed for its conditional approval. MIL As a result, City staff has prepared a Resolution which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within 30 days (December 2, 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 Tract Map No. 30138, Diamante, La Quinta Developers, LLC.; 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. 30138, Diamante, La Quinta Developers, LLC.; or 3. Provide staff with alternative direction. Respectfully submitted, Or itublic mothy R. nass n P.E. Works Direc r/ City Engineer Approved for submission by: C;) Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 2 90 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. 30138, DIAMANTE, LA QUINTA DEVELOPERS, LLC., 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 30138 is conditionally approved provided the subdivider submits all required items on or before December 2, 2004. 3 91 Resolution No. 2004- Tract Map No. 30138, Diamante Adopted: November 2, 2004 Page 2 Section 2. The City Council's approval. of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Tract Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on December 2, 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 City Council held on this 2nd day of November, wit: AYES:Council Members (Clerk's Office will enter) NOES: None ABSENT: None ABSTAIN: None r gular meeting of the La Quinta 2004, by the following vote, to DON ADOLPH, Mayor City of La Quinta, California 4 92 Resolution No. 2004- Tract Map No. 30138, Diamante Adopted: November 2, 2004 Page 3 ATTEST: JUNE S. GREEK, CIVIC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: . M. KATHERINE JENSON, City Attorney City of La Quinta, California 5 93 ATTACHMENT 1 IN THE CITY OF LA QUINTA, CAUFORNIA n kU3 IN THE SE 1/4 OF SECTION 4, T6S, R7E, SBM C84Y OF OQdDOO sons AVENUE Al w COTY OF uoNvA N� SITE � 52ND AVENUE VICINITY MAP N.T.S. A-ul ATTACHMENT 2 ol y / y• i r7• / / M / ---�------------ / T 1 a-V.p 101 Am- T- A91 �y��p Y p �:�✓ �I MllifYM ~ ��. -ter — _�. ——_—_ ---_�----- !e K.BQ CC 10 99 ATTACHMENT 3 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 30138 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPtRtOVEMENT AGREEMENT (the "AEctober reis made and entered into this day of 20 04 , by and between LA QUINTA DEVELOPERS, LLC ----- a DELAWARE LIMITED LIABILITY COMPANY 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. 30138 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private Improvements .(the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. it is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Secur 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 perfonnance 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 attorneys fees, incurred by City in successfully enforcing the obligations thereby secured. 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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 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 fumished 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 T*MkgWI Development DivislonlDevelopment ProjectMAgreementMSIAlS[As In P ... .. _ 13 of 7 rogressSDiamante 3013t310FFSITE SIA.doc 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, warranty .V"ed Devekpmnt DivisionTevetopment Projeds%Agmrnents%1A%SIAs in Pr r - opresslDiamante 30138WFFSITE 1 SIA.doc 4 3of7 security shall be retained until: the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Reauired. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate. written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City,. in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the, Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in, accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the.completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. _ _. T.iProjeet Development DivwonlDevdopment"Pm*j tslAgreements%SIA%SIAs In Progressbiamante 3IN 38tOFFSITE_SIA.doc 15 .103 4 of 7 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, - and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail,. return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice. to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. IJ 1 T.APr*d Develgxnent DivisiontDe _ '�_6 _. . velopment ProjectsWgPeemeritslSlAlS1As In t'rogressl0iamante 30138tOFFSITE SIA.dx _ 5 of 7 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. . E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing Party F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day. and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk Principal Address LA QUINTA 41800 WASHINGTON ST; B105-220 BERMUDA DUNES, CA 92203 La Quinta Developers, LLC A Delaware Limited Liability Company By: L&L Leasing LLC, its Manager A Nevada Limited Liability Company By: Lane Lowry, Its Manager Reviewed and Approved: City Engineer Approved as to Form: Date City Attorney Date Date r 17 �. J T:tProjed Development DMsWnTevdopment Projeas%Agmn-ants1S1A%SiAs in ProgressUamante 3013810NSITE.,S A.doc 6 of 7 Exhibit A OFF -SITE SECURITY — TRACT MAP NO.30138 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 $ _ $ _ Street Improvements $ 57,980 $ 57,980 Domestic Water $ 47,440 $ 47,440 Sanitary Sewer $ 3,380 $ 3,380 8ft Meandering Sidewalk $ 17,000 $ 17,000 Landscape $ _ $ _ Monumentation $ _ $ _ I Totals $ 125,800 $ 125,800 Standard 10% Contingencey $ 12,580 $ 12,580 Total Construction Cost $ 138,380 $ 138,380 Professional Fees, Design 10% $ 13,840 $ 13,840 Professional Fees, Const 10% $ 13,840 $ 13,840 No Plans Contingency 25% $ 34,600 $ 34,600 Bond Amount $ 200,660 $ 2009660 bevel t DtvisionlDevel18 opment ProWu%AgnwrnentslSt %vs In fl ogressU- amante 30138WFFSITE SIA doc 7 of 7 *-w 1�1� ALL-PURPOSE ACKNOWLEDGMENT State of California County of "'� � Sie SS. On w - _? 04 before me, 64iucu, (DATE) (NOTARY) personally appeared �rsonally known to me - OR - G � Co # 1481267 mm. l�dTARY a URIC - C41FORNIA GNER(S) ❑ 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 signatures(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. O7ARY'S SIGNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ INDIVIDUAL ❑ CORPORATF, OFFICER TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IFS) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT ti NUMBER OF PAGES ©' 1 04 DATE OF DOCUMENT OTHER r RIGHT THUMBPRINT OF E t SIGNER o - a APA 5/99 VALLEY SIERRA, 800-362-3369 19 107 CITY OF LA QUINTA SUBDIVISION /MPRO VEMENT A GREEMENT TRACT MAP NO. 30138 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this 04 7th day of October 1 20 , by and between LA QUINTA DEVELOPERS, LLC ----- a DELAWARE LIMITED LIABILITY COMPANY 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. 30138 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to. approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the. Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final releaee 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. - - - -. - ... _ - _T:1ProJect t�evdopment Division�Development ProiectslA eer"Wt9XSLAZft (n - - Q Propress�biamante 3013810NSITE_SIA.dx 1 of 7 108 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 carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject, to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it Is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but.shall not be required for submittal of warranty _ T,'ProjW.Develapmmt Di AmonM3evdopment Projft-W memarts1S1A\S1As in Pnms\Diamante 301381oNSITE SIA.dx 21 2of7 109 security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows:. 1) For'certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in. place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider falls to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return .receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion .of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty T-.!VNv ect Development Division0evelopment ProjectsWgreementASIMSIAs in ProgressOamante 30138\ONSITE_SIA.dx 22 3ot7 110 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Reauired. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City.and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said, advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in .standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that. remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submita 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. 2 TAI:Inq ect Development Dlvision%Developnwt Project \AWeements\.SW1s1As in ftgress0amante 3013MONSITE SIA.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. 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 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. T:VProje Development DiAsion0evelopment ProjectsV�eementASIAWAs in ProgressOanrante 30138WNSITE_SIA.dx 24' 112 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 attomeys' 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 Quanta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City clerk Principal Address LA QUINTA DEVELOPERS , LLC 41800 WASHINGTON ST; B105-220 BERMUDA DUNES, CA 92203 La Quinta Developers, LLC A Delaware Limited Liability Company By: L&L Leasing LLC, its Manager A Nevada Limited Liability Company By: Lane Lowry, Its Manager Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date . 25 T,1Proje,d Development DIVISIOnTevelopnmt Projeft%greementslSIAISIAs in ProgresslDiamante 3013810FF$ITE SIA.doc 6of7 Exhibit A ON -SITE SECURITY — TRACT MAP NO. 30138 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 (10% of Grading/RG Bond Posted) $ 9,360 $ 9,360 On Site Street Improvements $ 289,280 $ 289,280 Domestic Water $ 55,530 $ 55,530 Sanitary Sewer $ 57,020 $ 57,020 Dry Utilities $ 136,310 $ 136,310 Landscape $ 44,870 $ 44,870 Monumentation $ 7,500 $ - Totals $ 599,870 $ 592,370 Standard 10% Contingencey $ 59,990 $ 59,240 Total Construction Cost $ 659,860 $ 651:610 Professional Fees, Design 10% $ 65,990 $ 65,160 Professional Fees, Const 10% $ 65,990 $ 65,160 No Plans Contingency 25% $ 164,970 $ 162,900 Bond Amount $ 956,810 $ 944,830 Zs 114' TAProtect Development Division%Development ProjectsWm 9feeentslSWlS1As in ProgressUamante 30138%0NSITE_SIA.doc 7 of 7 ALL-PURPOSE ACKNOWLEDGMENT State of California County of %%-V�Sita SS. On ---1— A before me, (DATE) (NOTARY) personally appeared ,M SIGNER(S) [jT 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. A s ,:r WENDY BLACKWELL �:._. ..� Cart. c•cAtIficro►A} WITNESS my hand and official seal. C.C�!niv s Q� NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: Y`ULf4A SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTTTY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF'DOCUMENT r_1 NUMBER OF PAGES p --1 A DATE OF DOCUMENT OTHER RIGHT THUMBPRINT a OF E r SIGNER o a 12 APA 5/99 VALLEY SIERRA, 800-362-3M9 27 115 T4Z�t 4 �aw COUNCIL/RDA MEETING DATE: November 2, 2004 ITEM TITLE: Acceptance of Improvements Associated with Tract Map No. 29457-2, Rancho La Quinta, T.D. Desert Development. Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: / STUDY SESSION: PUBLIC HEARING: Accept improvements to Tract Map No. 29457-2, Rancho La Quinta, T.D. Desert Development, Inc. and authorize staff to release security upon receipt of warranty security. FISCAL IMPLICATIONS: None. Since no public improvements were included with this tract, no increase in maintenance costs are anticipated with this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 29457-2 is located west of Jefferson Street, north of Avenue 50 and south of Avenue 48 (Attachment 1). This development consists of 81 residential lots. All improvements are now complete and all obligations of the Subdivision Improvement Agreement have been satisfied. Attachment 2 is a Table of Values indicating securities to be released after warranty securities are received by the City. tic S:\CityMgr\STAFF REPORTS ONLY\11-2-04\C 6 TM 29457-2.doc FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept improvements to Tract Map No. 29457-2, Rancho La Quinta, T.D. Desert Development, Inc. and authorize staff to release security upon receipt of warranty security; or 2. Do not accept improvements to Tract Map No. 29457-2, Rancho La Quinta, T.D. Desert Development, Inc., and do not authorize staff to release security; or 3. Provide staff with alternative direction. Respectfully submitted, jimoMth'y Rj Jon s on Public Works Dir ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Table of Values TAMDEMCOUNCIL\2004\11-02-04\C 6 TM 29457-2.doc 2 117 ATTACHMENT E! DI VICINITY MAP NTS 118 Exhibit A Security Tract 29457-2 Rancho La Quinta Improvement Description Labor & Materials Deferred Improvements $376,35C Grading $57,70C Streets $344,08C Domestic Water $154,025 Sanitary Sewer $158,465 Dry Utilities $145,80C Monumentation $C Construction Subtotal: $1,236,420 En ineerin & Plans No -Plans Contingency Total: ATTACHMENT 2 Performance Securit Current Security Proposed Reduction Warranty Security $376,350 90% $37,635 $57,700 90% $5,770 $ 344,080 90% $ 34,408 $154,025 90% $15,403 $158,465 90% $15,847 $145,800 90% $14,580 $10,000 100% $0 $1,246,420 $123,642 $247,280 100% $0 $509,300 100% $0 $2,003,0001 $123,642 WARRANTY AMOUNT.- $123,642 Release performance security when warranty security is received. Release Labor and Materials security in 90 days (February 2, 2005). Release warranty security in one year (November 2, 2005). M 6 TM 29457-2 Att.doc 4 119 4 seP i2dArw COUNCIL/RDA MEETING DATE: November 2, 2004 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31311, Santa Rosa Development -Senior Housing, Santa Rosa Development, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: O STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement (SIA) for Tract Map No. 31311, Santa Rosa Development -Senior Housing, Santa Rosa Development,. Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 31311 is located east of Adams Street and north of Avenue 48 (Attachment 1) . This residential development will consist of 149 lots on approximately 19.5 acres (Attachment 2). On November 18, 2003, the City Council approved Tentative Tract Map No. 31311. The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. To date, the SIA (Attachment 3) has been executed by the developer, but the associated securities have not yet been received. The Final Map is technically complete and is being routed for signatures. The developer expects that all signatures will be in place within the time allowed for its conditional approval. As a result, City staff has prepared a Resolution which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within 30 days (December 2, 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 Tract Map No. 31311, Santa Rosa Development -Senior Housing, Santa Rosa Development, 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. 3131 1, Santa Rosa Development -Senior Housing, Santa Rosa Development, Inc; or 3. Provide staff with alternative direction. Respectfully submitted, l ' othy R. J na s n, P. E. ublic Work Dire or/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 2 191 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. 31311, SANTA ROSA DEVELOPMENT — SENIOR HOUSING, SANTA ROSA DEVELOPMENT, 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 31311 is conditionally approved provided the subdivider submits all required items on or before December 2, 2004. 3 12n Resolution No. 2004- Tract Map No. 31310, Santa Rosa Development —Senior Housing Adopted: Novemver 2, 2004 Page 2 Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Tract Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on December 2, 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 2nd day of November, 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 '? �3 Resolution No. 2004- Tract Map No. 31311, Santa Rosa Development -Senior Housing Adopted: November 2, 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 5 124 ATTACHMENT 1 W ATTACM.,MENT2I , I _C iv) �7 >_i t� psi O FFF ►' J, us sz 51 SRI td < 40 a lu of ! Rai 0 126 adoa sWIdd 3Nna K.ISCI M .9t,£L00 N 4(6C'tS£l M .".£L00 N ; � S r w a Ig o , � 1 1 Wj J� •I M .W,£L00 N 1 I e n- tr6'OGQ M Q►tL00 N - _ I LOW tea+ a S.1 r, � o i� i I I x � N � II ao•ocI � I i s <Jn w e a I ►- .� - I R �1 I I I- g S i 11... I :1 � �' s � � N ♦ � � a Y I n n $ x-lo u3aY1S Ulf ~cf 1 I P <I r + 1- o 4 • '� I I I o �� ; I g : '� I alb I - _ - = 1 I J. 1 N ws ZI k n I < w I �i 1<n I w w II OZC W - Ilvfa 1 oc o e ca V E"'uj FP. w k I I i 7t R 1 IC I I I O 1 I 0 WN. t_ _..-� — - - - 1 - - - I I NVa F r � 1.: 1= - . ,LLU rY9Z cn BE M W ' 0 �IdW �' 1 YI W oc p� W 3 0 i i z it s s 8 i r� i z O a W s♦I'0o, M .00.RL00 N I 11� I W Z X " 01.00.09S M .90.0L.00 NI ; > I 1 < L v rrA IOU ., -x I I . i'c z I I W Wtoo 114 On _ r 111 N HIM .. _ ;1 I 1 W f 1 aN �s z ��" k k �`; as OJ <�< << W _ s 0 • _= ii bl 1 I I OWN r/ mna 1 1 1 !I! I I iR 1 I• I 600 h I w Went 4 I ; .I , I o n < 133V" SWV `� <@ 1 �� ram/• I a c 1 Yn 1 We 1 lu I ,WILL M .003LA0 N I IN 17 ODALW 133HI s SWVOV (is OKZ M . Ni . ,L33H" NOIIHSVM IN3930 W1Vd �) _ e � a 0 0 r N 1 ' O � j w O ul_ _ Z 10 t� F• PZ M� W ui O U. W w O „ w W, _ V \r/ W LU w 0 �t� U. o O m Ipul - c, r- W J Z V v! �rtEtEttt€tEE€€ HERNE:::: Mpg I I 1 I 1 i � I � I I I I I I o I I I 1 .. ..::. �.: �... e.. :.k r. ....D-.:_. .a. �..y C..t. nih.. ..-..; ... Tu �...j;'• -...-. 4 .�.ti .. .� ... .. ... _.... ., ,�. t6r.M ...T. ... hF1K ih».. Hs.s:4.9%YW .... ,t •K.. i fi. ... ., r.. ... i,,... ... .. �.. r:.. t.. 'r .«' .:�:r k ,t a'u'F5, :. ..t._: '. e'M1.: .a. .:..�., .. ,', �.s'=..:., ,. .r �,�. ... .... .. ..niJt`IW .:r r.•t'w \.,sw.�kmw'Jv'. .- .� .. � ,,. . r .... .. F r F R 8 r R� R R 0 1 N i } J r�R,Z� i M� w M IL .00 '0 g' Z 1 G M 4 0 'v W S <W i m�3C* n W .J V N €��E€ ��tEEE€�€EEf€if€EEf€E V�V/VVO1�V v a (LMKU��, W W W W N ATTACHMENT 3 CITY of LA Qu TA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31311 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 20 by and between Santa Rosa Development, Inc. a California Corporate and Politic hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of Califomia, 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. 31311 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D.. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, 'THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. - Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed . or agreed to be constructed under this Agreement as - listed in Exhibit "A", and shall bear. the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Secur 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 attomey's fees, incurred by City in successfully enforcing the obligations thereby secured. 13 11 T=1F'rcjeU Devagw( M OWMan0ev6owat Prof S�tisIA1SIAa in Pmpressls9 a Rt�ta_3191;110 FS�JE_SIA+�oC 1 B. Improvement security shall conform with Section* 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of .Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is. not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City, finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the ' Improvements are Irequired. 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 b constructing the Improvements, including payment of plan check and permit fees, as estimated y 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 1SIA\SIAs in Proyross\Santa Rosa 31311�FFSME SIAAOC 1 L 131 2 °f T:1Projed Development DivisioMDevelopment ProjeasVl9rcements , security -if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of, SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution; the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. - Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by. Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security.shall not be required for Participatoy 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 approva(by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty TAProject Development Division Development ProjegsftreementA.SIM.SIAs in Progress\Sante Rosa 31311\OFFSITE_SW.d= 132, 32 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be. refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the . Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform. within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. 'Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may .approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements. by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. tsN.S1A1S1As in Progress\Santa Rosa_31311\0FFSffE SIA.a= 14 4 �. T:1Prajed Development avisian\oevelcvma►t .133 33 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 revisionsthe actual Improvements constructeto the original plans held by City so the plans depict�d. 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. Im movement 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 Subdivider's performance herein under, including costs of suit and any way connected with reasonable attorneys' fees. 16. No Modification of .Conditions. This Agreement shall in no respect act to modify or amend . any provisionof 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. '! 5 T 1Project Development Divisionll)evelopmant Projecfs%weements�SIMS1As in Pmgresmsenta Rosa_31311WFFSfTE 91A.doc 134 r 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 Address4811j, oS� D��, j,NG mms 5X v�A A Michael J. Shovlin 46753 % Adams La Quinta, CA 92253 By: Title: RV- Tints - Date Date Reviewed and Approved: City Engineer Date Approved as to Form: City Attorney Date T 1projed Development DivisfonWevelopment pmject5�AWwmqntsX.SK% As in ftgressZonta Rosa 31311 OFFSITE_SIA.doc 16 Sol 135 Exhibit A OFF -SITE SECURITY - TRACT MAP NO.31311 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 Off -site Street Improvements $ 15,860 $ 15,860 Perimeter Wall $, 62,100 $ 62,100 Meandering Sidewalk (8ft) $ 11,880 $ 11,880 Monumentation $ $ Totals $ 89,840 $ 89,840 Standard 10% Contingencey $ 8,980 $ $ 8,980 98,820 Total Construction Cost $ 98,820 Professional Fees, Design 2% $ 1,980 $ 1,980 9,880 Professional Fees, Const 10% $ 9,880 $ No Plans Contingency 10% . $ 9,880 $ 9,880 Bond Amount $ . 120,560 $ 120,560 17 % 7C T;�oject Development DivislonMevelopment Projects%AgrreementASLAWAs In Propress\Santa Rosa 31311V0FFSITE_SIA.d0c 136 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of kz,�� On ly re me, Dale personally appeared t Name and Tftof QMm (e.p., 'Jme Do•, Ma) of ZVO048) rsonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person04 whose name is/h subscribed to the within instrument and acknowledged to me that heN&tiylluxecuted the same in his/bdiltW authorized capacity(oa and that by his/hktl< signaturejjon the instrument the personokor the entity upon behalf of which the personpA acted, executed the instrument. W ESS my hand and icial seal. SV%e ma of Notary Pubk OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying 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: Jf Document Date: So m4.t.--) 07./ �;et Number of Pages: _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual V Top of thumb here corporate Officer — Title(s): A� ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing:., O 1999 National Notary Association • 9350 De Soto Ave.. P.O. Box 24M • Chatsworth, CA 91313-2402 • www nadomWnotary ory Prod. No. 5907 Reorder. Ca0 Tod -Free 1-800.876-6827 18 137 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31311 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 20 by and between Santa Rosa Development, Inc. a California Corporate and Politic 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. 31311 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or. agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and. scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of . plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, .the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation . secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City in successfully enforcing the obligations thereby secured. 19 ,Of ilrvf ed Development DMsioMDie%i6oprnent Projects\Agreemants\SIA\SIAs in Progress\Santa Rosa 3131-1\ONSITE SIA.&x ion 66499 of the California Government Code and one B. Improvement security shall conform to Sect 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 su fj A or to regulation by. the state or federal government and having a financial quality rating o 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 of the City Engineer or a duly authorized representative of the City Engineer. The amount as Payment security shall equal the amount of the amount of performance security, except 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 ource (surety or financial institution) of security initially separately for each different form and/or s submitted and: for substitution of securities but shall not be required for submittal of warranty 20 \SiA\siA$ in proprea\sarrta Rosa 31311iONSC�E_MA.doc T: ojed Develgmmk IifvlsloMDevelopmeM Projects\A�reements .2c 133 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 3.6., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security' for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City,' Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall. pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. .G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10 /o) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there � `are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty2arranty T.4 Project ()evelopment Divt5lonlDeweloPn�nt P ments\.S1A\SIAs inProgress\,Santa Rosa_3131116NSitE,SlA.dx 11 3 of 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 e to strikes, act of God, or other events beyond Subdividers control, the.time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in. its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall fumish securities, similar inform 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 h e Improvements by City, Subdivider shall submit a request for final approval by City. The request s ll 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. 22 `THROW pCieloprtiait qr sian eveidp nestprojects%greementASIA1sIAs.in Progress%WW Rosa_31311WNSIT ,;$IA doc 4 of 141 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 Modifcat_ion 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. 23 5 of TAPMjed op,�t D4vWonV)M1opnwA projectsVkgmments%SIAXSIAs in Proyress�Santa Roea_31311K)IJSCrE�SU4 doc 142 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. Y E. In the event of an dispute between the parties with respect to this Agreement, the prevailing parry shall be entitled to prompt payment of its reasonable attorneys fees from the non prevailing. party. F. Any failure or delay by either parry 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'G S,�,rrTA� sA A�✓ Michael J. Shoylin 46753 Y2 Adams La Quinta, CA 92253 By' Date Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date 24 1Q 0 :.: t31SIA\SIAs In Ragress�_a ,Rosay3131j6NSITE_SIA.doC y.:: . T UevNa mesa VVIsfawtrvelopt„en� Projectsu ► Exhibit A ON -SITE SECURITY — TRACT MAP NO.31311 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 tots 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. eq 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 (Rough Grading Bond Posted) $ - $ $ On Site Street & Storm Drain $ 415,440 $ 73,260 2 73,60 Precise Grading $ $ 273,260 305,890 $ 305,890 Domestic Water $ 286,730 $ 286,730 Sanitary Sewer $ 372,500 $ 372,500 Dry Utilities Monumentation $ 20,000 $ Totals $ 1,673,820 $ $ 1,653,820 165,380 Standard 10% Contingencey $ $ 167,380 1,841,200 $ 1,819,200 Total Construction Cost Professional Fees, Design 2% $ 36,820 $ $ 36,380 184,120 Professional Fees, Const 10% $ 184,120 No Plans Contingency 10% $ 184,120 $ 181,920 Bond Arriount $ 292469260 $ 2,2211620 25 ts\SIA�SIAs in ProoreWSOF" Ross 3131 i\QR$ 7.E,SIA.doc T:\Pr*d Ue4elc Mwt DivisioMOevelopment ProJacts�A�eert ' T c CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Per JOMCE VAN DE COTE Coi-nigan# 14925" Ndow tul�tic CaNaMb LMe V RtM�ido Gou* MoV29.2W4 ss. ❑ proved to me on the basis of satisfactory evidence to be the perso!10 whose name is/&$. subscribed to the within instrument and acknowledged to me that he4%/ttWexecuted the same in his/b4(r/tI)Q authorized capacity(}, and that by his/tWthlg signaturep)-on the instrument the personK or the entity upon behalf of which the person acted, executed the instrument. WIT ESS my hand and o ial seal. of Notary Pubk Ll Soman OPTIONAL Though rile information below is not required by taw, it may prove valuable to persons retying on rice document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Title or Type of Document: . IJ V/ Document Date: Number of Pages: Signer(s) Other Than Named Above: .z Capacity(ies) Claimed by Signer Signer's Name: �02Ac I Z ❑ Individual 00- Top of thumb here Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Si :g p 9 O 1999 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313.2402 • www.radwakotwy.org Prod. No. 5907 Reorder. Call Tol-Free 1-800-975-GUI 26 COUNCIL/RDA MEETING DATE: November 2, 2004 ITEM TITLE: Authorization for Overnight Travel for the Public Works Department Assistant Engineer II to Attend the AGTEK Earthwork 3-D Software Training Seminar Held in Phoenix, Arizona from November 9-10, 2004 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for the Public Works Department Assistant Engineer II to attend the AGTEK Earthwork 3-D Software Training Seminar held in Phoenix, Arizona from November 9-10, 2004. FISCAL IMPLICATIONS: The costs associated with conference attendance for staff will be funded through the insurance reimbursement recovered from the theft of the existing computer equipment and AGTEK Software from the Inspection Trailer on December 27, 2003. The estimated expenditures are as follows: Registration $1,200 Lodging $ 400 Travel $ 200 Meals $ 100 TOTAL $1, 900 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On approximately December 27, 2003, the Inspection trailer, located at Fritz Burns Park, was broken into and vandalized. Equipment stolen from the trailer included computers and the AGTEK Earthwork and Quantity Calculation Software. This software is high quality single source software that allows for calculations of proposed construction quantities, thereby allowing the City to verify and quantify estimated construction quantities and cost estimates for accuracy. This software also allows for 146 the construction of 3D models depicting construction conditions prior to and during actual construction. Use of this software has saved the City money and has helped the City to avoid quantity overruns and disputes with the contractors. The stolen software was approximately two years old. The replacement software is the latest upgraded version. Additional training is necessary to enhance the new software's capabilities and additional applications associated with the new version of the software. According to the Risk Management Department, the insurance claim for the theft are in final negotiations and a check will be issued to the City shortly. The funds will be utilized to recover some of the costs of the new software and associated training. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the Public Works Department Assistant Engineer II to attend the AGTEK Earthwork 3-D Software Training Seminar held in Phoenix, Arizona from November 9-10, 2004; or 2. Do not approve authorization for overnight travel for the Public Works Department Assistant Engineer II to attend the AGTEK Earthwork 3-D Software Training Seminar held in Phoenix, Arizona from November 9-10, 2004; or 3. Provide staff with alternative direction. Respectfully submitted, mothy IV.Jon on Public Works Di ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Conference information 2 147 I'11UC111X 1 LUL1U11 1J1Jl;UU11L I.LLL ATTACHMENT 1 Earthwork Software Services, LLC Authorized AGTEK Software Training Phoenix, AZ (Seminar Dates Nov 9-11, 2004) Click to: RegisterOnfinei register online or iI '" register by fax Click for: r course details = 3 �N� • testimonials ' • = olp ivies Phoenix Registration Deadlines: Oct 8, 2004 (Early Registration Cut -Off Date) For tuition, payments received through Oct 8, 2004, discounted Early Registration Tuition is $550 per student, per seminar day (for students attending more than one seminar day, Early Registration Tuition is further discounted to $500 per student, per seminar day). Save up to 23% by meeting this cut-off date. Nov 5, 2004 (Standard Registration Cut -Off. Date & Close of Registration Date) For tuition payments received from Oct 9, 2004 through Nov 5, 2004, Standard Registration Tuition is $650 per student, per seminar day (for students attending more than one seminar day, Standard Registration Tuition is discounted to $600 per student, per seminar day. Phoenix registrations will not be accepted after Nov 5, 2004. In fairness to all students, no exceptions will be made to the above cut-off dates. Tuition is quoted, and payable, in U.S. dollars and is exclusive of any applicable sales, use, or value-added taxes. Phoenix Venue and Lodging Information: The Phoenix seminars will be conducted at the following location: . Milton Garden Inn - Phoenix Airport (click for map and other hotel info) . 3422 E. Elwood Street (University & 1-10) . Phoenix, AZ 85040 . (602) 470-0500 A limited number of guest rooms are available at the group rate of $119.00 per night for reservations made on or before Monday, October 25, 2004: Please make any required room reservations by calling (602) 470-0500 and requesting the "Earthwork Software Services" group rate (if you need assistance getting the rate, ask to speak with Thomas Neel at extension 505). Guests arriving by air can take advantage of the hotel's complimentary airport http://earthworksoftwareservices.com/info_phoenix.htm 10/21/2004 3 lit8 .jrK tsumating Manager Page 2 of 3 10:50:25 AM, 9/20/2004 (561) 431-5946 Earthwork Software Services, LLC Earthwork Software Services, LLC 112 Wisteria Way 'AUUV*ed AGTEK Soiiware Training" Stockbridge, GA 30281 USA www..EardwvorkSof vnreServices.com Tel: 8W.692.4842 Fax $88.682.4762 Registration Fax -Back Form AGTEK Earthwork Software Trainin Seminars Phoenix, AZ / November Oh —11 , 2004'`** Use this fax -back page to register for the Phoenix training seminars. It's as easy as 1-2-3, ri 7-m Mrrr v r •11 unii m I • ♦ rrim 17711 1 - • 9..y 77i f 1- • •1 -1• ® Day 1 (Tue, Nov 9) Dighking & Fundament=A*xbfing Techniques 0 ' Day 2 (Wed, Nov 10) CAD Data & Advanoed I}r1.S 0 Day 3 (Thu, Nov 11) Survey & Grade Control Data Manlpulabon (for Graphic Grade 3D users) 1,7'• •iw 1 =.. / _•i _ il. j 11• •1 7• • Eariy4ftistration Discount: For Phoenix tuition payments rieoeived by Oct dh. 2004, discounted Early Registration tuition is $550 per student, per seminar day. Mulldple,Day Discount- For students attending two or more seminar days, Early Registration tuition is further discounted to $500 per student, per seminar day. (Standard Registration tuition is $650 per student, per seminar day.) Tuition Inoludes seminar admission, step-by-step seminar manual, and lunoh. Please DO NOT send payment with your registration —a registration aoknowledgemert and tuition involve wig be faxed to you within 24 hours of our receiving your completed registration form. Timely payment of the invoice will confirm your seminar registration and look -in appioable tuition discounts. Be sure to visit vwwvEarttmrkSvfiwareServioes.00m for the full 19-oity seminar sohedule (other sarninerlocations include Darwer CO,, San DfVo CA, and S¢att/e WA), detailed seminar outlines, seminar manual tables of content, cancellation and refund policies, student testimonials, and all the latest seminar information. Ste�,Comnlete the following form and fax this Inane to (8881682-4762. cover truce not reaulred: Fax Registration Form to (888) 682.4762 (or register ordine at wm.EarthworWoftwereSeryices.com� Please register us for the (city): Phoenix. Arizona location, and seminar (circle): Day 1 Day 2 Day 3 Company Name. Registrant Name Registrant Name Address Phone Fax Comment Contact Name _ Registrant Name _ Registrant Name City E-mat State Zip Earthwork Software Services, LLC tel: (888) 682-4842 fax: (888) 682-4762 Important Natloe: Increasingly restrictive govemment regulations are affecting the ability of Warnate businesses to communicate with each other via email and fax. In order to comply with such regulations, please understand that submission of the above form affimms your oriWizatiode consent to receive business communications sent via fax, mail or email by Earthwork Sofware Services. Earthvwrk Sofbmre Services will use the above information only to notify you about our AGTEI4related services. We will never give or sell your information to any third party. We value your time and %% respect your privacy: therefore, If you ever wish to stop receiving our service announoworrts, please call, fax or email your wish to us and vie will promptly remove you from our contact list 4 1A9. T a 41!t440" COUNCIL/RDA MEETING DATE: November 2, 2004 Approval of Native American Heritage Commission and Local Tribes Notification Protocol RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 16 STUDY SESSION: PUBLIC HEARING: Approve the Native American Heritage Commission and Local Tribes Notification Protocol. FISCAL IMPLICATIONS: IZ15OW3 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the September 16, 2004 Historic Preservation Commission (HPC) meeting, the Commission recommended to the City Council approval of a policy regarding notification protocol to the tribal bands and Native American Heritage Commission (NAHC) when Cultural Resource Assessments are prepared for projects in the City of La Quinta. The NAHC conducts sacred site searches of their records, provides applicable lists of traditional cultural properties and determines the likely descendents (tribe) for a particular project site. To date, the NAHC has not commented on any specific project site, but has referred the report preparer to the local Indian tribes for comments. Comments, when received from the tribes, normally have consisted of requesting monitoring during rough grading operations and that the archaeological monitors include a tribe member. 1 �0 Currently, there are no State mandates for notification to the NAHC or tribes. Senate Bill No. 18 (SB 18) would establish numerous provisions related to Cultural Assessments, including the requirement for the State to establish a notification protocol and the requirement that an applicant notify the NAHC. The Bill is currently under consideration at the Governor's office; however it is uncertain when, or if, the Governor will sign the Bill. At the September 281h meeting between the Council and the HPC this item was reviewed and discussed. The Council provided general comments and directed staff to place the item for Council review and approval.. Based upon the information above, the Commission recommends approval of the following policy: "As part of the preparation of Cultural Resource Assessments, an applicant or his agent shall notify the Native American Heritage Commission and Local Native American Tribes, in writing, of the preparation of the Cultural Resource Assessment for such project. Such notice shall include a site and project description as well as a solicitation for comments. A copy of the notices and any responses shall be incorporated into the Cultural Resource Assessment report for the Historic Preservation Commission's review. Failure to provide such notice may result in the project continuance or incorporation of appropriate conditions of approval." Should the Council decide to require this contact, we will send letters to archaeologists who have submitted assessments during the last two years notifying them of this requirement. FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1. Approve the Native American Heritage Commission and Local Tribes Notification Protocol; or 2. Do not approve the Native American Heritage Commission and Local Tribes Notification Protocol; or 3. Provide staff with an alternative direction. Respectfully submitted, z Ga w �4A&Zk- Oscar Orci, Interim Community Development Director 2 Approved for submission by: Thomas P. Genovese, City Manager 3 S:\CityMgr\STAFF REPORTS ONLY\C 12 Notification Policy.doc J CV TWit 4 e4� Qumra COUNCIL/RDA MEETING DATE: November 2, 2004 ITEM TITLE: Adoption of a Resolution Accepting an Easement for Emergency Ingress/Egress Access on Coachella Drive West of Eisenhower Drive from Landaq, LLC, Associated with Tract Map No. 31379 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: ZZ111 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution accepting an easement for emergency ingress/egress access (Attachment 1) conveying non-exclusive permanent easement for emergency access on Coachella Drive west of Eisenhower Drive associated with Tract Map No. 31379 (Attachment 2), and direct the City Clerk to have the easement recorded at the Riverside County Recorder's Office. FISCAL IMPLICATIONS: This action conveys no additional fiscal impact to the City. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The primary access entry to Tract Map No. 31379 is at the existing Coachella Drive and Eisenhower Drive intersection. However, Landaq, Inc., a Delaware Corporation, retains ownership of Parcel 2 of Lot Line Adjustment No. 2001-361 (see Exhibit B of Attachment 1) over which the entry driveway traverses. The proposed easement for emergency ingress/egress access is for that portion of Coachella Drive owned by Landaq, Inc. Recordation of this easement is required prior to recordation of the Final Map for Tract Map No. 31379. In order to accommodate public emergency agencies' access and the abovementioned condition, Landaq is willing to convey non-exclusive permanent easement of that portion of Parcel 2 of Lot Line Adjustment No. 2001-361 by Grant Easement and as described and shown in Exhibit A and B of the Easement. 1 �3 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the Easement for Emergency Ingress/Egress Access conveying non- exclusive permanent easement for emergency access purposes on Coachella Drive west of Eisenhower Drive in La Quinta; or 2. Do not accept the Easement for Emergency Ingress/Egress Access conveying non-exclusive permanent easement for emergency access purposes on Coachella Drive west of Eisenhower Drive in La Quinta; or 3. Provide staff with alternative direction. Respectfully submitted, mothy R nas o , P.E. Public Works Director/City. Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Easement for Emergency Ingress/Egress Access 2. Vicinity Map 2 1J4 RESOLUTION NO. 2004-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A GRANT OF EASEMENT DEED FROM LANDAQ, INC., A DELAWARE CORPORATION, FOR EMERGENCY INGRESS/EGRESS ACCESS ON COACHELLA DRIVE WEST OF EISENHOWER DRIVE ASSOCIATED WITH TRACT MAP NO. 31379 WHEREAS, access to Tentative Tract Map No. 31379, Centex Homes, is by Coachella Drive west of Eisenhower Drive at the existing signalized intersection; and WHEREAS, Landaq, Inc. retains ownership of Parcel 2 of Lot Line Adjustment No. 2001-361 along Eisenhower Drive from Coachella Drive to Avenida Fernando to the south, shown on Exhibit "B" of the Grant of Easement document; and WHEREAS, the property so offered for dedication by Grant of Easement for Emergency Ingress/Egress Access is more fully described in Exhibit "A" and "B" hereto, which description is incorporated herein as though set forth in full; and WHEREAS, the City of La Quinta now desires to accept said Grant of Easement for Emergency Ingress/Egress Access to Tentative Tract Map No. 31379. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The City Council of the City of La Quinta hereby accepts the Dedicated Property. Section 2. The City Clerk of the City of La Quinta shall file this Resolution accepting the Grant of Easement Deed for recording by the County Recorder. 3 15 Resolution No. 2004- RW-D 2004-058 Adopted November 2, 2004 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 2"d day of November, 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) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 4 15 ATTACHMENT 1 WHEN RECORDED, MAIL TO City of La Quinta CITY CLERK P.O. Box 1504 La Quinta, CA 92253 This document is filed at the request of The City of La Quinta pursuant to Section 27383 of the Government Code. No fee shall be charged therefor. The undersigned declares that the DOCUMENTARY TRANSFER TAX is $ -0- and is CONSIDERATION LESS THAN $100.00. computed on the full value of the interest or property conveyed; OR IS computed on the full value less value of liens or encumbrances remaining thereon at the time of sale EASEMENT FOR EMERGENCY INGRESS/EGRESS ACCESS FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, LANDAQ, INC., a Delaware corporation, Grantor, hereby grants to the CITY OF LA QUINTA, a municipal corporation, Grantee, A non-exclusive permanent easement for emergency ingress/egress over and across that certain real property located in the City of La Quinta, County of Riverside, State of California, described as follows: As more particularly described on Exhibit "A" and depicted on Exhibit `B" attached hereto and incorporated herein by this reference. LANDAQ CORPORATION, a Delaware corporation By: Name: Its: 5 157 STATE OF CALIFORNIA ) ) ss COUNTY OF RIVERSIDE ) On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. [SEAL] Notary Public -2- 6 158 SHEET 1 OF 1 SHEET EXHIBIT A THAT PORTION OF PARCEL 2 OF LOT LINE ADJUSTMENT NO. 2001-361, AS APPROVED BY THE CITY OF LA QUINTA AND RECORDED ON OCTOBER 23, 2001 AS INSTRUMENT NO. 2001-515074, OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 2; THENCE SOUTH 89'53'56" WEST, ALONG THE NORTHERLY LINE OF SAID PARCEL, 52.92 FEET, TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 29-35'29" WEST, 43.22 FEET; THENCE NORTH 6924'31" WEST, 1.68 FEET; THENCE SOUTH 2935'29" WEST, 44.00 FEET; THENCE NORTH 6924'31" WEST, 55.88 FEET, TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 13.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3529'00", AN ARC LENGTH OF 8.05 FEET, TO A POINT OF REVERSE CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 57.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 553'31" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7958'00", AN ARC LENGTH OF 70.60 FEET, TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 13.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 65704'29" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3529'00", AN ARC LENGTH OF 8.05 FEET; THENCE NORTH 60'24'31" WEST. 14.16 FEET, TO A POINT ON SAID NORTHERLY LINE; THENCE NORTH 90'00'00" EAST, ALONG SAID NORTHERLY LINE, 8.10 FEET, TO AN ANGLE POINT IN SAID NORTHERLY LINE; THENCE NORTH 89'53'56" EAST, ALONG SAID NORTHERLY LINE, 168.00 FEET, TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.17 ACRES, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: CHRIS J. BERG LS. 6 DATE EXPIRATIONDA 12- 05 LAJ. CL ND SG LS. 6!88 * Exp. 12-31-05 F CF CAO SHEET 1 OF 1, SHEET EXHIBIT PARCEL 1 I I A 2,001--3 1 .001-r5150 74 N. LLA J01-361 2001--515,074 LINE DATA ® BEARING DIST. 1 S 2T35'29" W 43.22' 2 1 N 6924'31" W 1.68' 3 S 2735'29" W 44.00" 4 N 6a24'31" W 14.16' 5 N 90'00'00" E 8.10' CURVE DATA A R L 1 3529'00" 13.00' 8.05' 2 70'58'00" 57.00' 1 70.60' T.P.O.B. P.O.0 000' / N 89'53'51r E `-- 52.92' a� � LA QUNTA GOI r ESTATES PREPARED UNDER THE SUPERVISION OF: �310 aP� LA CHRIS J*BE .S. 88 D �C7 J. 9 sG�G EXPIRATION D1241-0 5 M O R S 1 7$-900 Avsnuo 47 U suite 208 �.$. 6588 La QviMa, CA 92253 D O K I C N Vain: 760-771-4013 * Exp- 12-31-05 * FAX: 760-771-4073 SCNULTZ ' SCALE 1"=60' OF CALF PLANNERS ENGINEERS SURVEYORS 1.\58100\Ir1M"4G\CQ4 CHEllA-01 6/ 1 - RECORDING REQUESTED BY: City of La Quinta WHEN RECORDED, MAIL TO: City of La Quinta P. O. Box 1504 La Quinta, CA 92253 This document is filed at the request of the City of La Quints pursuant to Section 6103 of the Government 940 Code. No fee shall be charged therefore. CITY OF LA QUINTA CERTIFICATE OF ACCEPTANCE OF EASEMENT NO. This is to certify that the interest in real property conveyed by the Easement For Emergency Ingress/Egress Access dated , 20 from Landaq, Inc., a Delaware corporation to CITY OF LA QUINTA, a municipal corporation and a political subdivision of the State of California, is hereby accepted by the undersigned officer on behalf of CITY OF LA QUINTA pursuant to authority conferred by Resolution No. of the City of La Quinta, adopted on ; and the grantee consents to recordation thereof by its duly authorized agent. Dated: CITY OF LA QUINTA, a municipal corporation By: Name: Its: A"Em=jVe.hic1eEz[2].dm 9 STATE OF CALIFORNIA ) ss. COUNTY OF On before me, , a notary public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (Seal) AKBETMVehic1eEz[1].doc Page 2 162 10 p:A -rAC14MENT*2 TRACT No. 31379 PROJECT - LOCATION AVENIDA FERNANDO H W W a H: �n. 4 pop A AVENUE - 50 VICINITY MAP 163 NOT TO SCALE �� T4tit 4 4v COUNCIL/RDA MEETING DATE: November 2, 2004 ITEM TITLE: Adoption of a Resolution Accepting a Grant of Easement from LANDAQ, Inc., a Delaware Corporation, for Public Roadway Purposes Along Eisenhower Drive Associated with Tract Map No. 31379 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: jz�?_ STUDY SESSION: PUBLIC HEARING: Adopt a Resolution accepting a Grant of Easement Deed (Attachment 1) from Landaq, Inc., a Delaware Corporation, for public roadway proposes along Eisenhower Drive (Attachment 2) associated with conditions of approval for Tract Map No. 31379; and after review and approval of the Grant of Easement Deed by the City Attorney, direct the City Clerk to have the easement recorded at the Riverside County Recorder's Office. FISCAL IMPLICATIONS: Additional maintenance costs for the roadway are included within the Fiscal Year 2004/2005 maintenance budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: As a condition of Tentative Tract Map No. 31379 (Attachment 3), Centex Homes was required to obtain an additional 26,000 square feet of right-of-way in order to realign the northwesterly half of Eisenhower Drive and to reconstruct the 12-foot wide landscaped median in a new alignment shifted ten and one-half feet (10.5') north of the southeasterly curb of Eisenhower Drive at Coachella Drive. This will be done in order to accommodate south -to -north U-turn traffic and improve sight distance at. the intersection. Landaq, Inc. retains ownership of Parcel 2 of Lot Line Adjustment No. 2001-361 (see Exhibit B of Attachment 1) along Eisenhower Drive from Coachella Drive to Avenida Fernando to the south. Therefore, Centex Homes was required to obtain such right-of- way dedication in favor of the City. 164 The subject Grant of Easement Deed will satisfy the requirement set forth by the conditions for Tract Map No. 31379 and provide for the realignment of Eisenhower Drive. Additionally, recordation of Tract Map No. 31379 requires approval of the Grant of Easement Dedication and recordation of such. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the Grant of Easement Deed from Landaq, Inc., a Delaware Corporation, for public roadway purposes along Eisenhower Drive associated with conditions of approval for Tentative Tract Map No. 31379 and direct the City Clerk to have the deed recorded at the Riverside County Recorder's office; or 2. Do not accept the Grant of Easement Deed from Landaq, Inc., a Delaware Corporation, for public roadway purposes along Eisenhower Drive associated with conditions of approval for Tentative Tract Map No. 31379 and do not direct the City Clerk to have the deed recorded at the Riverside County Recorder's office; or 3. Provide staff with alternative direction. Respectfully submitted, T' nothy R. asso . E. ublic Worko irect IC Engineer Approved for submission by: lx�,�z. .00000 Thomas P. Genovese, City Manager Attachments: 1. Grant of Easement Deed 2. Vicinity Map 3. Applicable Portions of Conditions of Approval of Tentative Tract Map No. 31379 2 165 RESOLUTION NO. 2004-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A GRANT OF EASEMENT DEED FROM LANDAQ, INC., A DELAWARE CORPORATION, FOR ROADWAY PURPOSES ALONG EISENHOWER DRIVE ASSOCIATED WITH TRACT MAP NO. 31379 WHEREAS, a condition of Tentative Tract Map No. 31379 was for additional right-of-way dedication to implement the realignment of the northwesterly half of Eisenhower Drive and to reconstruct the 12-foot wide landscaped median in a new alignment that is shifted ten and one-half feet (10.5') away from the southeasterly curb of Eisenhower Drive at Coachella Drive to accommodate south to north U-turn traffic and improve sight distance at the intersection; and WHEREAS, Landaq, Inc. retains ownership of Parcel 2 of Lot Line Adjustment No. 2001-361 along Eisenhower Drive from Coachella Drive to Avenida Fernando to the south, shown on Exhibit "B" of the Grant of Easement document; and WHEREAS, the property so offered for dedication by Grant of Easement for Roadway Purposes is more fully described in Exhibit "A" and "B" hereto, which description is incorporated herein as though set forth in full; and WHEREAS, the City of La Quinta now desires to accept said Grant of Easement for Roadway Purposes in order to satisfy the requirements set forth by the conditions of Tentative Tract Map No. 31379. -NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The City Council of the City of La Quinta hereby accepts the Dedicated Property. Section 2. Upon review and acceptance by the City Attorney, the City Clerk of the City of La Quinta shall file this Resolution accepting the Grant of Easement Deed for recording by the County Recorder. 3 166 Resolution No. 2004- RW-D 2004-055 Adopted November 2, 2004 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 2nd day of November, 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) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 4 167 ATTACHMENT 1 RECORDING REQUESTED BY and WHEN RECORDED MAIL TO: City Clerk City of La Quinta P. O. Box 1504 La Quinta, CA 92253 GRANT OF EASEMENT & CONSENT • (Eisenhower Expansion) City of La Quinta, County of Riverside APN: (portion) State of California DOCUMENTARY TRANSFER TAXIS $-0- Exempt from Recording Fee Public Agency Exempt R & T Code Per Govt. Code Sec. 27383 THIS GRANT OF EASEMENT (the "Easement Agreement") is made this day of , 2004, by LANDAQ, INC., a Delaware corporation ("Grantor"), the CITY OF LA QUINTA, a Municipal corporation ("City") and CENTEX HOMES, a Nevada general partnership ("Developer"). RECITALS A. Grantor is the owner of certain real property located in the City of La Quinta, County of Riverside, and State of California more particularly described on Exhibit 11X" attached hereto and made a part hereof by this reference (the "Grantor Property"). B. Developer is the owner of certain real property located immediately adjacent to the Grantor Property in the City of La Quinta, County of Riverside, and State of California as more particularly described on Exhibit "Y" attached hereto and made a part hereof by this reference (the "Developer Property"). C. In furtherance of Developer's development plans and as a condition to the City's approval of the subdivision tract map for the Developer Property, the City is requiring the widening of a portion of Eisenhower Drive over a portion of the Grantor Property. D. Grantor and City desire to create an exclusive easement (subject to the rights conveyed to, and obligation imposed on, the Developer as to the Landscape Area) for public right of way and roadway purposes, including all use for purposes incident to use of property for a public right of way, including, but not limited to the construction, maintenance, and operation of a roadway, underground and aboveground utilities, including sewer and drain facilities, and appurtenances, cable, communication, or telecommunications facilities, signage, traffic control devices, curbs, gutters, sidewalks, and transportation facilities such as bus bays, benches, or bus 5 168 or train stops, and landscaping on over, through, and upon a portion of the Grantor Property as more particularly described in Exhibit "A" and depicted in Exhibit "B" (the "Expansion Area"), attached hereto and made a part hereof, for the benefit of the City and for the construction, maintenance, repair, installation, restoration, replacement and reconstruction of such Expansion Area by the City, its successors and assigns, subject to the terms and conditions hereinafter set forth in this Easement Agreement; provided, however, that nothing in this Easement Agreement shall constitute or create an obligation on the part of the City to construct a public roadway or install any other improvements in the Expansion Area, and that no obligation to maintain any portion of the Expansion Area or the Expansion Area Improvements shall commence until and unless the City Council accepts the Roadway Area Improvements, at which time the City's maintenance obligations will extend only to the Roadway Area and the Roadway Area Improvements, and will not extend to the Landscape Area or the Landscape Area Improvements. E. Grantor and Developer desire to create a non-exclusive easement for the construction of improvements and pedestrian ingress and egress within the portion of the Expansion Area more particularly depicted on Exhibit "C" (the "Landscape Area") attached hereto and made a part hereof, for the benefit of the Developer and the Developer Property and for the construction, maintenance and operation of such Landscape Area by Developer, its successors and assigns, subject to the terms and conditions hereinafter set forth in this Easement Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants, conditions and agreements herein contained, Grantor shall grant to City and Developer the perpetual easements and rights described herein and City and Developer, by the execution and recordation of this document, agree to accept the conveyance of such easement rights subject to the terms and conditions more particularly set forth below. ARTICLE I DEFINITIONS Unless the context clearly means otherwise or unless otherwise defined below, the following terms used in this Easement Agreement shall mean as follows: Section 1.01 — Expansion Area. "Expansion Area" shall mean that exclusive easement area described on Exhibit "A" and depicted on Exhibit "B" attached hereto. Section 1.02 — Expansion Area Improvements. "Expansion Area Improvements" shall mean all improvements within the Expansion Area. Section 1.03 — Landscape Area. "Landscape Area" shall mean that portion of the Expansion Area depicted on Exhibit "C" attached hereto. Section 1.04 — -Landscape Improvements. "Landscape Improvements" shall mean those improvements within the Expansion Area consisting of plants, turf, walking/golf cart paths, monumentation, walls, landscape irrigation systems and related equipment, landscape lighting and electrical systems and related equipment. 2 6 1�;�� Section 1.05 — Roadway Area. "Roadway Area" shall mean that portion. of the Expansion Area that excludes the Landscape Area. Section 1.06 — Roadway Area Improvements. "Roadway Area Improvements" shall mean the improvements within the Roadway Area. ARTICLE II GRANT OF EASEMENT Section 2.01 - Grant of Easement - City. Grantor hereby grants to City easements as follows: (a) a perpetual exclusive easement (subject to the rights conveyed to, and obligation imposed upon, the Developer as to the Landscape Area) for public right of way and roadway purposes, including all use for purposes incident to use of property for a public right of way, including, but not limited to the construction, maintenance, and operation of a roadway, underground and aboveground utilities, including sewer and drain facilities, and appurtenances, cable, communication, or telecommunications facilities, signage, traffic control devices, curbs, gutters, sidewalks, and transportation facilities such as bus bays, benches, or bus or train stops, on, over, through, and upon the Expansion Area; and (b) a perpetual exclusive easement (subject to the rights conveyed to the Developer as to the Landscape Area) over and across the Expansion Area for the purpose of permitting the City to exercise its rights as described in this Easement Agreement. Section 2.02 - Grant of Easement - Developer. Grantor hereby grants to Developer easements as follows: (a) a perpetual non-exclusive easement for the construction of Landscape Improvements in, over, across, on and through the Landscape Area. (b) a perpetual non-exclusive easement for pedestrian and golf cart access, ingress and egress in, over, across and through walking/golf cart paths located within the Landscape Area. (c) a perpetual non-exclusive easement in, over, across and through the Landscape Area for the purpose of permitting Developer to discharge its obligations to construct, manage, operate, control, maintain, repair, install, restore, replace and reconstruct the Landscape Improvements within the Landscape Area. ARTICLE III COVENANT FOR MAINTENANCE Section 3.01 - Maintenance. 3 7 11,70 (a) The City agrees to maintain the Roadway Area and the Roadway Area Improvements when and if the City Council, by resolution, has accepted the Roadway Area Improvements as complete. (b) The obligations of the Developer pursuant to the provisions of this Easement Agreement shall include causing the construction, management, operation, control, enforcement, maintenance, repair, installation, restoration, replacement and reconstruction of the Landscape Improvements within the Landscape Area (the "Work"). Section 3.02 - Commencement. The obligation of the Developer to cause the construction, management, operation, control, maintenance, repair, installation, restoration, replacement and reconstruction of the Landscape Improvements within the Landscape Area described in this Easement Agreement shall commence upon recordation of this Easement Agreement. Section 3.03 - Assignment of Developer Rights and ObligationsDeveloper shall have the right to assign its rights and obligations with respect to the Landscape Area, Landscape Improvements and Work to a homeowners' association that manages all or a part of the Developer Property only upon the homeowners' association expressly assuming in writing, in a form of recordable document satisfactory to Grantor, all of Developer's obligations hereunder. Developer shall be released from liability for performance of all obligations with respect to the Landscape Area arising from and after any such assignment to, and express assumption by, such homeowners' association of the rights and obligations of Developer under this Easement Agreement. The obligations of the assignee homeowners' association with respect to the Landscape Area, Landscape Improvements and Work cannot be released or relinquished without the prior written approval, in its sole discretion, of the Grantor, its successors or assigns. This Section shall have no effect on' any obligation the Developer has to the City. that is independent of this Easement Agreement. ARTICLE IV GENERAL CONDITIONS Section 4.01 - Enforcement. The covenants, conditions and restrictions of this Easement Agreement shall run with the land and shall inure to the benefit of and be enforceable by Grantor, Developer, the City, or their respective legal representatives, heirs, successors, and assigns. Section 4.02 - Easements and Covenants to Run with the Land. The perpetual easement rights granted in this Easement Agreement and all rights and obligations pertaining to such non-exclusive easement rights shall run with the Grantor Property and the Developer Property in accordance with Section 1468 of the California Civil Code and shall inure to the benefit of the City. Section 4.03 - Indemnification. (a) The Developer shall at its sole cost and expense, protect, defend, indemnify, and 4 8 171 hold the Landscape Area, the City, Grantor and Grantor's agents, contractors, licensees, employees, directors, officers, partners, trustees, invitees, successors and assigns (collectively, "Grantor Parties") free and harmless from and against any and all claims, damages, liens, liabilities, losses, costs and expenses, including reasonable attorneys' fees and court costs ("Claims"), arising out of or in connection with Developer's use of the Landscape Area, the conduct of Developer's business, any activity, work or things done, permitted or allowed by Developer in or about the Landscape Area, Developer's or its agents, contractors, licensees, employees, directors, officers, partners, trustees, invitees, successors and assigns (collectively "Developer Parties") non -observance or nonperformance of any statute, law, ordinance, rule or regulation, or any negligent or willful act or failure to act of Developer or Developer Parties. The Developer shall have no obligation to indemnify the City, the Grantor, or Grantor Parties for any Claims to the extent such Claims are caused by the negligence or willful misconduct of City, the Grantor or the Grantor Parties. Section 4.04 - Terminology. Where the context requires, the masculine gender includes the feminine and neuter, and the singular case plural. Section 4.05 - Captions. Captions used in this Easement Agreement are for information purposes only and do not alter, modify or add to the terms of this Easement Agreement. Section 4.06 - Invalidity. If any term, covenant or condition of this Easement Agreement is determined to be invalid, it will not affect the validity of the remaining terms, covenants and conditions of this Easement Agreement. If any portion of the Easement Agreement is held to be unenforceable, any enforceable portion thereof and the remaining provisions shall continue in full force and effect. Section 4.07 - Waiver. The waiver of any breach of any provision hereunder shall not be deemed to be a waiver of any proceeding or subsequent breach hereunder. No waiver shall be binding unless in writing and signed by the party making the waiver. Section 4.8 - Governing Law. This Easement Agreement will be governed and interpreted pursuant to the laws of the State of California. Section 4.9 - Mortgagee Protection. No breach of the covenants, conditions or restrictions herein shall affect, impair, defeat or render invalid the lien or charge of any mortgage or deed of trust made in good faith and for value encumbering any portion of the Grantor Property, but all of said covenants, conditions and restrictions shall be binding upon and effective against any owner whose title is derived through foreclosure or trustee's sale, or otherwise, with respect to the Grantor Property. Section 4.10 - Modification. The Easement Agreement may be modified only in a writing signed by the parties to the Easement Agreement, or their respective successor in interest. 5 9 17 [CONTINUED ON NEXT PAGE] 173 IN WITNESS WHEREOF, the parties have executed this instrument as of the day and year first above written. "GRANTOR" LANDAQ CORPORATION, a Delaware corporation By: Name: Its: "DEVELOPER" CENTEX HOMES, a Nevada general partnership By: Centex Real Estate Corporation, a Nevada corporation, Managing Partner By: Name: Its: CERTIFICATE OF ACCEPTANCE OF GRANT OF EASEMENT This is to certify that the conveyance of exclusive easement rights, subject to the rights conveyed to the Developer as to the Landscape Area, and subject to the terms and conditions more particularly set forth herein, from Landaq, Inc., a Delaware corporation, to the City of La Quinta, a Municipal corporation, is hereby accepted by order of the City Council, and the City of La Quinta consents to the recordation thereof by its duly authorized officer. Dated: CITY OF LA QUINTA Tom Genovese, City Manager APPROVED AS TO FORM: By: Name: City Attorney 174 ALL PURPOSE ACKNOWLEDGMENT STATE OF )SS COUNTY OF On , 2004, before me, , notary public in and for said state, 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 this instrument. WITNESS MY HAND AND OFFICIAL SEAL. ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) )SS COUNTY OF RIVERSIDE ) On , 2004, before me, , notary public in and for said state, personally appeared LARRY E. LICHLITER, ❑ personally known to me ❑ or proved to me on the basis of satisfactory evidence 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 this instrument. WITNESS MY HAND AND OFFICIAL SEAL. 8 12 175 ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) )SS COUNTY OF RIVERSIDE ) On , 2004, before me, , notary public in and for said state, personally appeared 19 ❑ 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 this instrument. WITNESS MY HAND AND OFFICIAL SEAL. 9 13 176 EXHIBIT "X" The Grantor Property The real property located in the City of La Quinta, County of Riverside, State of California described as follows: Parcel 2 of Lot Line Adjustment No. 2001-361, as approved by the City of La Quinta and recorded on October 23, 2001 as Instrument No. 2001-515074 in Official Records of the County Recorder of said county. 10 14 177 EXHIBIT "Y" The Developer Property The real property located in the City of La Quinta, County of Riverside, State of California described as follows: Parcel 1 of Lot Line Adjustment No. 2001-361, as approved by the City of La Quinta and recorded on October 23, 2001 as Instrument No. 2001-515074 in Official Records of the County Recorder of said county. EXHIBIT "A" EISENHOWER DEDICATION CITY OF LA QUINTA SHEET 1 OF 1 SHEET THAT PORTION OF PARCEL 2 OF LOT LINE ADJUSTMENT NO. 2001-361, AS APPROVED BY THE CITY OF LA QUINTA AND RECORDED ON OCTOBER 23, 2001 AS INSTRUMENT NO. 2001-515074, OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 2, SAID POINT ALSO BEING A POINT ON THE WESTERLY RIGHT OF WAY OF EISENHOWER DRIVE, AS SHOWN BY RECORD OF SURVEY FILED IN BOOK 112, PAGE 27 OF RECORDS OF SURVEY, AND AS SHOWN BY THE MAP OF LA QUINTA GOLF ESTATES, No. 1, AS FILED IN BOOK 34, PAGES 96 THROUGH 98, INCLUSIVE, BOTH IN THE OFFICE OF SAID COUNTY RECORDER, SAID POINT BEING ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 2050.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 5927'37" WEST; THENCE SOUTH— WESTERLY ALONG SAID WESTERLY RIGHT OF WAY, AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31'27'20", AN ARC LENGTH OF 1125.46 FEET; THENCE CONTINUING SOUTHERLY ALONG SAID RIGHT OF WAY, SOUTH 905'03" WEST, 50.93 FEET, TO THE SOUTHEAST CORNER OF SAID PARCEL 2, SAID POINT ALSO BEING ON THE CENTERLINE OF AVENIDA FERNANDO AS SHOWN BY TRACT NO. 28545-1, AS FILED IN BOOK 268, PAGES 89 THROUGH 92, INCLUSIVE, OF MAPS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE WESTERLY ALONG SAID CENTERLINE AND THE SOUTHERLY LINE OF SAID PARCEL 2, NORTH 89'52'52" WEST, 31.03 FEET; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 0'07'OS" EAST, 30.00 FEET; THENCE NORTH 45'06'05" EAST, 32.54 FEET; THENCE NORTH (Y05'05" EAST, 84.96 FEET, TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1850.00 FEET, THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28-16'56", AN ARC LENGTH OF 913.19 FEET; THENCE NORTH 1501'16" WEST, 32.18 FEET; THENCE NORTH 29'35'29" EAST, 44.00 FEET; SOUTH 60'24'31" EAST, 1.68 FEET; THENCE NORTH 29'35'29" EAST, 43.22 FEET, TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 2; THENCE EASTERLY ALONG SAID NORTHERLY LINE, NORTH 89'53'56" EAST, 52.92 FEET, TO THE POINT OF BEGINNING. SAID DEDICATION PARCEL CONTAINS 0.61 ACRES, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: kA 0Y CHRIS J. BE H L.S.588 E EXPIRATION DATE: 12-31-05 SNN�P` LAND `SG 0 Ls. 6588 * Exp. 12-31-05 � CAL 16 179 EXHIBIT "B" EISENHOWER, DEDICATION CITY OF LA QUINTA SHEET 1 OF 2 SHEETS TRACT NO, 0436 / o MS. 342/ 10 -3 2 LJi / 3vD� 2001�- it /� / '� .� r-150 l f / -�- N 9900'00" E 781.37' -� LINE DATA ® BEARING DIST. 1 N 1601'16" W 32.18' 2 N 29'35'29" E 44.00' 3 S 60'24'31" E 1.68' 4 N 29035'2Sr E 43.22' 5 1 N 8T5356" E 52.92' / P.O.B.// N 89'5356" E 220.92' / ..5 . �, .6. 2 ` o " o C3yF r' ARC r i :o o� / LA QUIN U L L r\ 20J 1-J,361 o SCALE 1" =80' PROPOSED RIGHT OF WAY NANO Co J. `rG mac, tj �• O a v _ ;a o �X L.S. 6588 k:5 * Exp. 12-31-05 qTF Of' CALF hcc op PREPARED UNDER THE SUPERVISION OF: N 0 CHRIS J. Bd GH L.V 6588 DA E EXPIRATION DATE: 1 -31-05 / M O R 5 6 78-900 Avenue 47 . Suitt 208 / O O K I C H La Quinta, CA 92253 Voice: 760-771-4013 FAX: 760-771-4073 / S C H U L T Z mdslaquink*mdsconsuMnq.nsl SEE SHEET 2 PLANNERS ENGINEERS S�'�;�EYORS EXHIBIT "B" EISENHOWER DEDICATION CITY OF LA QUINTA SCALE 1" =80' PARR 1L 7 20J 1-5 1601% PROPOSED - RIGHT OF WAY i � 2 AVENIDA FERNANDO TRACT J\b, 78545-1 JMS, 68/8J- 9, 00, 0) W � z J W 11 O W ' J " ,, ,- d- V W C. O,.. '1 �'�"C ,.. 0 W LO " I0-- C) N N I 50' SHEET 2 OF 2 SHEETS LINE DATA ® BEARING DIST. 1 N 00'05'03" E 50.93' 2 N 8T52'52" W 31.03' 3 N 00'07'OT E 30.00' 4 N 45'06'05 E 32.54' A QUIN7A G0 L r -ESTATES sM - O t0 co a? O -q- O 00 U C s lu C AVENIDA FERNAN�DO M O R S E 79-799 Old Avenue 52 La Quinta, CA 92253 D O K I C H Voice: 760-771-4013 f C M U L T Z FAX: 760-771-4073 PLANNERS ENGINEERS �R►EY0RS 4 E7HIBIT "C" EISENHOWER DEDICATION LANDSCAPE AREA . j*qc r I I LLA 2.001-3 1 2001-150 41 SHEET 1 OF 2 SHEETS TRACT No. 0436 / MA 3 2110-3 L o-r 00, /-19 1 C'Ogc \ p yF INDICATES LANDSCAPE AREA PROPOSED RIGHT OF WAY � `? LA QUINTA 001-rr ESTATES PROPOSED BACK OF CURB SCALE 1" =80' / M O O S E 78-900 Avenue 47 Suite 208 / La Quints, CA 92253 D 0 K I C H Voice: 760-771-4013 FAX: 760-771-4073 / S C H U L T Z mdslaquinft4wA 0nsvdlinpaM PLANNERS ENGINEERS 5- lQEYORS I:\ 58100\ MAPPING\ EIS-03 10,43 EXHIBIT c EISENHOWER DEDICATION LANDSCAPE AREA SCALE 1"=80' PAfgrrL I I A 200 1-361 200-1--3-1-0074 PROPOSED — RIGHT OF WAY AVENIDA FERNANDO TRACT No. 28545- 1 Mg, 26 8 /8 J -9 50' SEE SHEET t 5I 5n IC z , J Z 2 4l Lil Z U LA O .� � I W W 31 • W W 1 �— PROPOSED BACK OF CURB I SHEET 2 OF 2 SHEETS INDICATES LANDSCAPE AREA I r\ QUINTA GOLF ESTATES i MA, 3 4/D S J0 8 AVENIDA FERNANDO w M O R S E 79-799 OW Awnua 52 O . La Quinta, CA 92253 I D O K I C H = Vokc 7"-n1-4013 WQ S C N u L T Z FAX: 760-771-4073 N w PLANNERS ENGINEERS '20VEY0 I I:\58100\MAPPING\EIS-04 10/1; • • L. EXHIBIT "X" The Grantor Property The real property located in the City of La Quinta, County of Riverside, State of California described as follows: Parcel 2 of Lot Line Adjustment No. 2001-361, as approved by- the City of La Quinta and recorded on October 23, 2001 as Instrument No. 2001-515074 in Official Records of the County Recorder of said county. RMBUS\DEO\242416.2 10/18104 E 21 181 EXHIBIT "Y" The Developer Property The real property located in the City of La Quinta, County of Riverside, State of California described as follows: Parcel 1 of Lot Line Adjustment No. 2001-361, as approved by the City of La Quinta and recorded on October 23, 2001 as Instrument No. 2001-515074 in Official Records of the County Recorder of said county. 10 RMBUS\DEO\242416.2 10/1 &04 22 185 TRACT No. 31379 � H PROJECT W W LOCATION p i � �vyf,44 z AVENIDA FERNANDO O _j- [-i m RESORT LA udc TCLUB �N Q z � 0 U a H Q'i W A AVENUE 50 VICINITY MAP NOT TO SCALE 186 �3 k SEt NCNIY. 5/27/041 Resolution No. 2003-091 Conditions of Approval - Final Tentative Tract Map 31379, Centex Adopted: September 16, 2003 Page 3 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 inr_It idw A. PUBLIC STREETS 1) Eisenhower Drive (Primary Arterial, Option B 100' ROW) — 50-foot from the centerline of the existing raised median. 2) Additional right of way dedication as needed to implement the realignment of the northwesterly half of the Eisenhower Drive and other improvements as described in Condition No. 55(A). The applicant shall make a good faith effort to acquire said additional right of way dedication from the property owner to the south, KSL Development Corporation. If the applicant is unable to acquire the needed right if way, the applicant shall request the City Council to consider acquiring the right of way via eminent domain at the applicant's expense. 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. 10. Private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS 24 187 Mtn -^ram 4 Sep G� OF ,ti9 COUNCIL/RDA MEETING DATE: November 2, 2004 ITEM TITLE Consideration of Adoption of Resolutions of the City Council Certifying a Negative Declaration of Environmental Impact for Environmental Assessment 2004-521 and Approving an Amendment to the General Plan (GPA 2004-102), Housing Element Update RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: / CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving a Negative Declaration of environmental impact for Environmental Assessment 2004-521; and Adopt a Resolution of the City Council approving an amendment to the General Plan (GPA 2004-102), Housing Element Update. FISCAL IMPLICATIONS None. CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW: Upon closing the the Public Hearing on October 19, 2004 (Attachment 1), the City Council continued to November 2, 2004, its consideration of approval of a Negative Declaration of environmental impact for Environmental Assessment 2004-521 and approval of a General Plan Amendment (GPA 2004-102), Housing Element Update in order to provide staff with adequate time to respond to comment letters and testimony from the Council meeting (Attachment 2). Staff has prepared a S:\CityMgr\STAFF REPORTS ONLY\B 1 Housing Element.doc Response to Comments from the California Rural Legal Assistance (CRLA), and the Coachella Valley Housing Coalition (CVHC) letters (Attachment 3) as well as the comments from Mr. Arturo Rodriguez, Attorney for CRLA. Public Notice The proposed Environmental Assessment, General Plan Amendment, and Housing Element Update were advertised in the Desert Sun newspaper on September 29, 2004. The public hearing notice was published as a 1/8-page display advertisement. FINDINGS AND ALTERNATIVES Findings necessary to certify the Environmental Assessment and approve the General Plan Amendment can be made and are contained in the attached Resolutions. 1. Adopt a Resolution of the City Council certifying a Negative Declaration of environmental impact for Environmental Assessment 2004- 521; and Adopt a Resolution of the City Council approving an Amendment to the General Plan (GPA 2004-102), Housing Element Update; or 2. Do not adopt the Resolutions certifying the Environmental Assessment or approving the Amendment to the General Plan; or 3. Provide staff with alternative direction. Respectfully submitted, 45aWZL -P, Oscar Orci, Interim Community Development Director nAroLvefor submissio by: Thomas P. Genovese, City Manager Attachments: 1. Draft Minutes of October 19, 2004 Public Hearing 2. Letters received 3. Response to Comments Received '02 S:\CityMgr\STAFF REPORTS ONLY\B 1 Housing Element.doc 189 RESOLUTION 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR GENERAL PLAN AMENDMENT 2004-102 CASE NO.: ENVIRONMENTAL ASSESSMENT 2004-521 GENERAL PLAN AMENDMENT — HOUSING ELEMENT APPLICANT: CITY OF LA QUINTA WHEREAS, City Council of the City of La Quinta did on the 19" day of October, 2004 hold a duly noticed Public Hearing, and closed.said public participation portion of the Hearing, and continued consideration the proposed Environmental Assessment for the General Plan Amendment Housing Element Update to a public meeting on the 2"d day of November, 2004; and WHEREAS, the Planning Commission of the City of La Quinta did on the 28" day of September, 2004, and the 12th day of October, 2004 hold a duly noticed Public Hearing and recommended certification by adoption of Resolution 2004-079; and WHEREAS, the City Council of the City of La Quinta, California previously adopted Resolution 2002-44 as a comprehensive update of the General Plan for the City pursuant to Sections 65350 et seq. of the California Planning and Zoning Law; and WHEREAS, Environmental Impact Report (SCH #20000991023) has been prepared, adopted under City Council Resolution 2002-43, and certified for the General Plan as prescribed by the California Environmental Quality Act and identifies various mitigation measures to a level of insignificance and identifies certain impacts which cannot be so mitigated with a Statement of Overriding Considerations; and WHEREAS, the City has prepared the Initial Study and Negative Declaration in compliance with California Environmental Quality Act (CEQA) and the State CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et. seq., (CEQA Guidelines); and WHEREAS, the Interim Community Development Director has determined that said Amendment will not have a significant adverse impact on the environment due to the mitigations measures required in the General Plan EIR and incorporated herein by this reference and that a Negative Declaration of environmental impact should be filed; and 03 S:\CityMgr\STAFF REPORTS ONLY\B 1 EA Reso.doc 190 City Council Resolution No. 2004- Environmental Assessment 2004-521 General Plan Housing Element Adopted: November 2, 2004 Page 2 WHEREAS, the Planning Commission of the City of La Quinta does recommend to the City Council certification of the Environmental Assessment; and WHEREAS, the City mailed a Notice of Intent to adopt the Mitigated Negative Declaration in compliance with Pubic Resources Code Section 21092 on the 14" day of September, 2004 to the Riverside County Clerk; and WHEREAS, the City published a Public Hearing Notice to adopt the Mitigated Negative Declaration and associated Initial Study in the Desert Sun newspaper on September 29, 2004, such notice was also mailed to concerned agencies, and all public entities entitled to such notice; 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. That the Negative Declaration has been prepared and processed in compliance with the State CEQA Guidelines and the City's implementation procedures. The Planning Commission has independently reviewed and considered the information contained in the Negative Declaration, and finds that it adequately describes and addresses the environmental effects of the Project, and based upon the Initial Study, the comments received thereon, and the entire record of proceeding for this Project, and finds that there are no significant environmental effects resulting from this project. 2. The Project will not be detrimental to the health, safety, or general welfare of, the community, either indirectly, or directly, in that no significant impacts were identified by Environmental Assessment 2004-521. 3. The 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. 4. There is no evidence before the City that the Project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. �. 04 191 City Council Resolution No. 2004- Environmental Assessment 2004-521 General Plan Housing Element Adopted: November 2, 2004 Page 3 5. The Project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. 6 The 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 Project. 7. The Project will not have the environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 8. The City Council has fully considered the proposed Negative Declaration and the comments, if any, received thereon. 9. The Negative Declaration reflects the independent judgment and analysis of the City Council. 10. The location of the documents which constitute the record of proceedings upon which the City Council decision is based upon, are located in the La Quinta City Hall, Community Development Department, 78-495 Calle Tampico, La Quinta, California, 92253. 11. Based upon the Initial Study and the entire record of proceedings, the Project has no potential for adverse effects on wildlife as that term is defined in Fish and Game Code § 711.2. 13. The City Council has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 California Code of Regulations 753.5(d). 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. 05 192 City Council Resolution No. 2004- Environmental Assessment 2004-521 General Plan Housing Element Adopted: November 2, 2004 Page 4 2. That it does hereby approve a Negative Declaration of environmental impact for Environmental Assessment 2004-521 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum, on file in the Community Development Department and attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 2"d day of November, 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) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 06 193 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT UPDATING THE HOUSING ELEMENT CASE NO.: GENERAL PLAN AMENDMENT 2004-102 HOUSING ELEMENT APPLICANT: CITY OF LA QUINTA WHEREAS, City Council of the City of La Quinta did on the 19" day of October, 2004 hold a duly noticed Public Hearing , and closed the public participation portion of the Hearing, and continued consideration of the proposed General Plan Amendment Housing Element Update to a public meeting on the 2"d day of November, 2004; and WHEREAS, the Planning Commission of the City of La Quinta, California did on the 28" day of September, 2004, and the 12th day of October, 2004 hold a duly noticed public hearing, and recommended approval by adoption of Resolution 2004-080; and WHEREAS, the City Council of the City of La Quinta, California previously adopted Resolution 2002-44 approving a comprehensive update of the General Plan for the City pursuant to Sections 65350 et seq. of the California Planning and Zoning Law; and WHEREAS, it is recognized that the current General Plan Housing Element requires revisions and update to assure compliance with current State laws and regulations; and WHEREAS, the General Plan Housing Element contains an assessment of housing needs and an inventory of resources and constraints to meeting the needs as required by Section 65.583(a) of the Government Code; and WHEREAS, the General Plan Housing Element contains a statement of the community's goals, quantified objectives, and policies to achieve the objectives of the element as required by Section 65583 (b) of the Government Code; and WHEREAS, the General Plan Housing Element contains a program which sets forth a yearly schedule of actions to implement the policies and achieve the objectives of the Housing Element as required by Section 65583 (b) of the Government Code; and 07 S:\CityMgr\STAFF REPORTS ONLY\B 1 GPA Reso.doc 194 City Council Resolution No. 2004- General Plan Amendment 2004-102 Housing Element November 2, 2004 WHEREAS, the City's unique population characteristics, economic conditions, housing conditions, residential density objectives and Redevelopment Agency financial resources were considered in the preparation of the General Plan Housing Element update; and WHEREAS, a General Plan Housing Element was submitted to the Department of Housing and Community Development for review and comment; and WHEREAS, the City has considered the findings made by the Department of Housing and Community Development and other entities and persons that have provided written and oral comment to the City and the Department of Housing and Community Development; and WHEREAS, said General Plan Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the Community Development Department has conducted an Initial Study (Environmental Assessment 2004-521), and determined that the Housing Element will not have a significant impact on the environment and a Negative Declaration of environmental impact is recommended for certification; and WHEREAS, at said Public Hearing, upon hearing and considering. all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to justify approval of said General Plan Amendment updating the Housing Element: 1. The General Plan Housing Element is internally consistent and consistent with the other Elements of the General Plan, and reflects updated statistics and information regarding the City's current and anticipated conditions. 2. The General Plan Housing Element is compatible with land use designations in the Land Use Element and other Elements of the General Plan. 3. The General Plan Housing Element will not create conditions materially detrimental to the public health, safety, and welfare in that the resulting programs and policies improve the preservation and development of housing. 4. The General Plan Housing Element addresses changes in specific circumstances and changes in general conditions since the adoption of the previous Housing Element. S:\CityMgr\STAFF REPORTS ONLY\B 1 GPA Reso.doc 08 195 City Council Resolution No. 2004- General Plan Amendment 2004-102 Housing Element November 2, 2004 5. The City is required by State laws and regulations to update the Housing Element in a five year cycle and the General Plan Housing Element achieves this mandatory requisite. 6. The City has considered all comments made by the Department of Housing and Community Development and has made revisions to the draft General Plan Housing Element to respond to the comments received from. the Department of Housing and Community Development. 7. The updated General Plan Housing Element substantially complies with the provisions of California's Planning and Zoning Law, codified at California Government Code section 65580 et seq. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute. the findings of the City Council in this case; 2. That it does hereby approve of the above -described General Plan Amendment, Housing Element request for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 2nd day of November, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta California S:\CityMgr\STAFF REPORTS ONLY\B 1 GPA Reso.doc -1 09 196 City Council Resolution No. 2004- General Plan Amendment 2004-102 Housing Element November 2, 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 10 S:\CityMgr\STAFF REPORTS ONLY\B 1 GPA Reso.doc 197 ATTACHWNT #1 City Council Minutes 22 October 19, 2004 4. A RESOLUTION OF THE CITY COUNCIL F THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUB SION OF 40 t ACRES INTO 101 RESIDENTIAL LOTS AND MISCEL EOUS LOTS (TENTATIVE TRACT MAP 31874 - STONEFIELD DEVEL ENT, INC.). It was moved b ouncil Members Osborne/Sniff to adopt Resolution No. 2004-120 wsubmitted. Motion carried unanimously. PUBLIC HEARING TO ADOPT RESOLUTIONS C DECLARATION OF ENVIRONMENTAL IMPA ASSESSMENT 2004-527 AND APPROVIN GENERAL PLAN, HOUSING ELEMENT UP Interim Community Development go, additional correspondence from t (CVHC) and California Rural Legal A Colin Drukker, of The Planning Center, housing element update. 11101111116, in response adoption of about 80% allocation. ;TIFYING A NEGATIVE POR ENVIRONMENTAL AMENDMENT TO THE ci advi o1 RCValley RLA). He gave a brief the receipt of using Coalition also introduced iverview of the Wr. Drukker confirmed after ditional minor update will be to respond to the new RHNA ING OPEN at 8:02 p.m. 01111111iixth Street, Coachella, Attorney with California (C A), referenced written comments submitted by he staff report, and asked if the Council received the Mayor Adolph a nowledged the Council just received the letter and has not had the opportunity to review it. Mr. Rodriguez asked for clarification on the following statement included in the document: "higher density does not necessarily equate to projects becoming more affordable." Mr. Drukker explained, as an example, a standard project of 25 dwelling units per acre does not define whether or not it's an affordable project because they could be luxury units or single resident occupancy units. He noted many times as densities increase, the construction costs also increase. 11. City Council Minutes 23 October 19, 2004 Therefore, increasing the density doesn't necessarily mean there will be more units on the land and a decrease in the per unit cost. He noted as you get above certain densities, structured parking or special building materials are sometimes needed, which can increase the cost of the units and make it harder for them to be affordable. Mr. Rodriguez stated they feel their inquiry about State requirements for minimum density was not addressed in the response to public comment. He had an additional question about the completion dates of some of the very - low and low-income units shown in a chart in the Powerpoint presentation. Mr. Orci advised the Joe Hammer and A partment projects are tentatively scheduled to be completed in 2005 6. Mr. Rodriguez then asked projects are available to senior housing. Mira F Mr. Orci indicated the Hadley Village ani the Aventine units are not a tricted. City Manager Genovese no component that is a,6WWLpt Mr. Rodriguez u numbers from t at this time._ Cour, conc HadlIIII s in g illage, and Aventine kal or restricted to aflores units are for seniors but ject includes a single-family e City expects to receive its new RHNA Orci responded that he does not know to summarize the CRLA's Mr. Rodrig Vipation heir August letter explains why they feel the housing element neeal explanation of some of the conclusions. They feel the public paprocess has improved but still don't believe a development of dialogue, among all the segments of the community, has been accomplished. He indicated the response they had hoped to receive from the City by appearing at the Planning Commission meetings didn't happen until the last Planning Commission meeting but they still don't feel their concerns were addressed. As an example, it appears the City relied on a single survey done in 2003 and did not seek information from other agencies to determine that there are no homeless in the City. He feels CVHC is a significant resource regarding low-income housing needs but understands they were not included in the housing element process until recently. . . 12 199 City Council Minutes 24 October 19, 2004 Mayor Adolph spoke regarding the City's support of CVHC. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:20 p.m. City Attorney Jenson recommended a response be prepared for the two letters received today, and noted this item can be brought back at the next meeting as a business item with the responses. MOTION - It was moved by Council Members Snif Osborne to continue the Housing Element Update, as a business item, to ember 2, 2004. Motion carried unanimously. ADJOURNMENT There being no further business, it Sniff/Henderson to adjourn. Motion carried un Respectfully submitted, JUNE S. GREEK, City C City of La *Quinta_lif by Council Members 13 000 v CALIFORNIA RURAL LEGAL MIGRANT FARMWORKER PROJECT, Coachella Regional Office October 19, 2004 COPY P.O. Box 35 1460 Sixth Street VIA FACSIMILE TRANSMISSION & 1ST CLASS MAIL Coachella, California 92236-0035 (Community Development Depart ity Clerk) Telephone: (760) 398-7261 Fax: (760) 398-1050 E-Mail: Coachellalnfc%'e�ula.ora Mr. Oscar Orci Interim Community Development Director �? Cristina Guerrero Directing Attorney E-mail: Ckucrccrtr0crla.ora City of La Quinta P.O. Box 1504 -0FVEL�Q Arturo Rodriguez La Quinta, CA 92253 Staff Attorney E-Mail: An %kiet e4itrla one Rita Lutvanos-Castro RE: City of La Quinta's September 2004 Revision of Draft Housing Element Staff Attorruey E-Mail: Rcactro0?crla.2!X Emanuel V. Benitez Dear Mr. Orci: Community Work" E-Mail: F.beniteza)crla.ortt Lorena Martinez We are submitting these comments on behalf of our clients for consideration CommunityWoriker I-nnrtincaiPcria. at tonight's public hearing on the adoption of the City's draft housing element. As E-Marl: ortt you know, our office submitted comments to the California Department of Cannon Lopez-Rotitigttez Adm,„ut ati,eI-Valsar«ary Community and Housing Development (HCD) on May 10, 2004 and again on E-Mail: Crodrvtuc4r)crla.ortt August 11, 2004. On said dates, courtesy copies of these letters were sent to the CENT"L OFFICE City of La Quinta in care of Mr. Fred Baker. On September 9, 2004, I provided you 631 Howard Street., Suite 300 San Francisco, CA 94105 with a copy of our August 11 th letter which has been included in the City's response relephone: (415) 777-2752 Fax: (415)543-2752 which was provided to the Planning Commission for its meeting of October 12, E-Mal: ideW®www.crlao World Wick Web: www�.crla cut: 2004 and which is also in the staff's recommendation for tonight's City Council ErecuttivR. eOrocmr meeting. I am enclosing a copy of our May 10, 2004 letter for inclusion in the Luis C. Jaramfllo De/wryDirector record for tonight's proceedings. Ralph Santiago Abascai General Counsel (1934-1997) We have reviewed the City's responses which were submitted for the IIIc„'c;°J o s Planning Commission meeting of October 12, 2004 and which, with a few minor oirrahors fLitigatio„Adwcacy&Training changes, have been submitted for tonight's City Council meeting. Without exception, it is our position that the City has not adequately addressed any of the OTHER REGIONAL OFFICES concerns which we raised in our comments of May 10`h and August 11 `h. We Arvin (661) 854-5993 Delano (905) 725-4350 therefore enclose all of our comments and ask that the citytake the time to respond P El Ccntro (760) 353-0220 Fresno (559) 441-8721 substantively. Gilroy (931) 847-1408 Madera (209) 674-5671 Marysville (530) 742-5191 Modesto (209) 577-3811 The City's responses appear to us as a misguided attempt to sway the City Monterey (931) 375-0505 Oceanside (760) 966-0511 officials charged with adopting the Housing Element b citing meaningless legal g P g ousg Y g meangess g 68 Oxnard (Migrant) (805) 486-10 Oxnard (Basic) (805)483-8083 conclusions which fail to address the issues we have raised. This is contrary to the Paso Roble (805) 239-3708 Salinas (831) 757-5221 purpose of public participation in the housing element adoption process. The HCD San Luis Obispo (805) 544-7997 Santa Barbara (805) %3-5981 Housing Element Questions and Answers are instructive in this regard: " [Q 1 ] : Why Santa Cruz (831) 458-1089 Santa Maria (805) 922-4563 is public participation critical to [housing element] updates? [A] Housing issues Santa Rosa (707) 528-9941 Stockton (209) 946-0605 affect the entire community- residents and employers, the public and private Wauonvilk (831) 724-2253 sectors. The public participation requirement of housing element law presents an opportunity to engage constituents in a dialogue - defining problems and creating LSC solutions ... The inclusion of community stakeholders in the housing element public 14 Letter to Uscar Urci October 19, 2004 page 2 of 2 participation process helps ensure appropriate housing strategies are more efficiently and effectively developed, implemented and evaluated. An inadequate public participation process may lead to community conflict or in worse case scenarios, anti -development initiatives and "NIMBYisrn." The responses evidence no attempt to engage in a constructive dialogue, instead they appear designed .to frustrate it. We urge the members of the City Council to fulfill their public responsibilities and to fully review the comments which have been submitted by CRLA and the other agencies which also submitted written comments. We do, however, wish to comment on the minutes from the Planning Commission hearing which were included in the City staff's recommendation to the City Council at pages 78 through 80. Firstly, our organization is California Rural Legal Assistance, Inc. (CRLA), not the Coachella Valley Rural Legal Assistance (CVRLA) as stated in paragraph 2, page 79 of the minutes. Secondly, at paragraph 4, page 80, in response to Chairman Kirk's comment that the continuance granted on September 281h was "a waste of time," I do not believe that the minutes accurately reflect my response to his comment. I believe that I told the Planning Commission that on,September 281h I requested additional time because we had received the September 2004 revision of the draft housing element that same morning. I further stated that in the interim two week period, I had compared the June 2004 draft with the September 2004 revised draft, which I had to do line -by-line, and had found only a few minor additions and deletions which did not address any of the issues which we had raised in our letters of May 10`h and August 11 `h. I further objected to having received the staff report, which consisted of 77 pages, one day before the October 121h hearing. As a result, I had not had the opportunity to do an adequate review and provide written comment (on the staff report). I also noted that our last written comments had been sent to the City on August 11 `h, and again on September 91h, that I had been before the Planning Commission on September 28`h but the City had not provided us with their responses until the day before the Planning Commission meeting (of October 12`h) and did not understand why the materials could not have been provided sooner. I would also like to note that at the Planning Commission hearing of September 28`h, the Commissioners had not been provided with any of the comments which the City had received or with the City's responses. I believe that the continuance of the hearing from September 281h to October 121h was as much for the convenience of the Planning Commission as it was for CRLA. Should you have any questions regarding this matter, please do not hesitate to call. Sincerely, AJr Rodrig ez Attorney at Law enclosure as stated cc: Mario Angel, California Department of Housing and Community Development 15 202 y . rPJR^L ` �o Asa CIZ LA �111 r"Q WORAIA RURAL T.F.GAL ,4tC'tVLVTAArrF._ Tier' MIGRANT FARMWORKER PROJECT, Coachella Regional Office P.O. Box 35 1460 Sixth Street Coachella, California 92236-0035 Telephone: (760) 398-7261 Fax: (760) 398-1050 E-Mail: Coachcllainfo@cria.org Cristina Guerrero Directing Attorney E-mail CRucrrcro n rla.orP Arturo Rodriguez Staff Attorney E-Mail: ARrodriguezPcrla.org Emanuel V. Benitez Community Worker E-Mail: EBenitez(ri0la.oE& Camvn Lopez -Rodriguez Directing Legal Secretary E-Mail: CRodriRuez(a)crla.org CENTRAL OFFICE 631 Howard Street., Suite 300 San Francisco, CA 94105 Telephone: (415) 777-2752 Fax: (415) 543-2752 E-Mail: hn0097Qhandsnet.org World Wide Web: www.crla.org Jose R. Padilla F..recutive Director i.uis C. Jaramillo Deputy Director Ralph Santiago Abascal General Counsel (1934-1997) WilliamG. Hoergcr Ilene J. Jacobs Cynthia Rice Jack Daniel Directors of Litigation Advocacy & Training OTHER REGIONAL OFFICES Arvin Delano El Ccntro Fresno Gilroy Madera Marysville Modesto Monterey Oceanside Oxnard (Migrant) Oxnard (Basic) Paso Robles Salinas San Luis Obispo Santa Barbara Santa Cruz Santa Maria Santa Rosa Stockton Watsonville III �L�C_ (661)954-5993 (805)725-4350 (760)353-0220 (559)441-8721 (931)847-1409 (209)674-5671 (530)742-5191 (209)577-3811 (831)375-0505 (760) 966-0511 (805)486-1068 (805) 483-8083 (805)239-3708 (831) 757-5221 (805)544-7997 May 10, 2004 VIA FACSIMILE TRANSMISSION and 1ST CLASS U.S. MAIL (916) 327-2643 Mr. Mario Angel Mr. Glen Campora Housing Policy Analysts Department of Housing & Community Development Division of Housing Policy Development 1800 Third Street, Suite 430 P. O. Box 952053 Sacramento, CA 94252-2053 RE: Draft Housing Element — City of La Quinta Dear Mr. Angel and Mr. Campora: We have reviewed the City of La Quinta's (City) draft housing element which you kindly provided. We have several concerns about the adequacy of the draft housing element. We will address these concerns below. First, we note that at page 3 under the heading of Public Participation, the City notes that it received responses from "a number of organizations and agencies that provide housing, or housing related services." The City fails to identify the organizations and agencies that it claims provided information used in drafting its Housing Element and thus fails to address HCD's concern that lower income organizations and individuals be consulted in drafting the housing element. We would also like to note that the City denied our request for a copy of the draft housing element and questioned our right to review the draft. We were later informed that our request for a copy of the draft was being referred to the City Attorney. We never did receive a copy of the draft housing element from the City. Thus, from our own experience, we question the City's claim that "public input was actively encouraged." (goy) %3-5981 1. Farm Worker Housing (831)458-1089 (805)922-4563 We strongly disagree with the City's conclusion at page 49 that `[b]ased on (707) 528-9941 (209) 946-0605 an analysis on farm labor and the diminishing amount of farm land in the Cityof (831) 724-2253 Y g La Quinta and surrounding rural areas, the need for farm worker housing has declined." To the contrary, a 'culture remains a strong economic force in ^TT . 't t i # -Paie: 1: of,-3 . _ T Letter to Mario Angel and Glen Campora May 10, 2004 Riverside County in general, and in the Coachella Valley in particular. For example, the Riverside County Farm Bureau, estimated the total crop value for Riverside County in the year 2002 at $1.06 billion dollars. In an article dated September 14, 2003, the Desert Sun reported that the Riverside County Agricultural Commissioner estimated the Coachella Valley agricultural crop output at $425 million dollars for the year 2002. In comparison, the crop output for 1998 was valued at $398 million dollars. Furthermore, as a farm worker advocacy group located in the Coachella Valley we have observed an increase in the type of crops which are far more labor intensive, e.g., strawberries, chiles and vegetables, and thus generate a greater need to house farm workers. Furthermore, we do not agree with the City's argument that the 2002 Recommended Land Use Plan for the City of La Quinta which "proposes conversion of currently agriculturally developed land to Low Density Residential uses within the buildout period ... will terminate any demand for seasonal and permanent farm workers in the City." (Draft Housing Element at page 50). First, this is conjecture and does not address the City's present need for farm worker housing. Secondly, we note that the City has identified approximately 8495 acres which are currently used primarily for agricultural production and very low density and rural residential uses. (Draft Housing Element at page 61). This would indicate that there is still substantial acreage within the City in use for agriculture production. We would also note that the City of La Quinta' borders are contiguous with those of both Thermal and Coachella, which are heavily dependent on agricultural production. 2. Mobile Homes and Vista Dunes Mobile Home Park The City's proposal to close the Vista Dunes Mobile Home Park and replace it with 82 units of affordable rental units raises several concerns. First, on page 102 and 108 of the draft housing element, the City's stated objective is to allow for mobile home parks in order to "[p]reserve low-cost housing options for City residents." The removal of 93 mobile homes which already provide low cost housing for the City's residents appears to be in direct conflict with the City's stated objective. While we understand that the City intends to replace Vista Dunes with 82 units of low income housing, we do not understand the need to remove the 93 units already in place. The City claims that the mobile homes at Vista Dunes are substandard, but we note that at page 50 of the draft housing element that the City is exploring the possibility "for the 93 motor homes coaches in the Vista Dunes Mobile Home Park to be sold to provide migrant housing in agricultural areas of the Coachella Valley." It would seem that if the 93 mobile homes at Vista Dunes are adequate shelter for migrant farm workers, they would also be adequate shelter for the 93 families now living at Vista Dunes. We are of the opinion that the City would be better served by helping the residents of Vista Dunes to rehabilitate or replace their mobile homes and constructing 82 units of additional low income housing at some other site within- the City. We also have concerns about the City's intention to build 82 units of affordable housing at the Vista Dunes site. We would like to note that City did not provide any plans for the replacement housing in response to our Public Records Act request for such documents and were informed that no plans exist. At a minimum, we would request assurance from the City that the intended project for the Vista Dunes site provide a substantial number of units of sufficient size to accommodate the many families residing at Vista Dunes which the City intends to relocate. Lastly, we note that if the City proceeds with its plan to build 82 units of affordable housing at the Vista Dunes site, the City in effect will lose ten net units of affordable housing. 1 Pa>e 2 of 3 1 / � Letter to Mario Angel and Glen Campora May 10, 2004 3. Homeless We are highly skeptical of the City's conclusion at page 51 of the draft housing element that "[n]o homeless, however, were found within the City of La Quinta." The City's reliance on a single census conducted during March 11-14, 2003 seems a bit self-serving for a city of over 32,000 residents (draft housing element at page 9). While we are aware that it is indeed difficult to quantify the number of homeless in any given area, we believe that the City needs to amplify its efforts to adequately evaluate the problem within its jurisdiction. 4. Constraints to Building Affordable Housing We believe that the City's maximum density range which allows a maximum of 16 dwelling units per acre serves as a City imposed constraint to the development of affordable housing. (Draft housing element at page 63). The consequence of the City's density requirement is to require a deeper capital investment for the construction of affordable housing and an increased need for operating subsidies that are not always available or that otherwise would not be necessary if the density made it more affordable. This can be a particular constraint to the development of housing for very low and low income households and special needs categories (farm workers, large households, single parent households, people with disabilities) who tend to be in the extremely low income category. The City itself cites two examples which support our analysis, the Clubhouse Apartments built at 14.9 du/ac and the Mira Vista Apartments built at 15.4 du/ac, that without financial assistance from City's Redevelopment Agency "are not expected to be affordable to lower income households at market rate." (Draft housing element at page 64). We believe that the City of La Quinta needs to further analyze its land inventory, density restrictions and other cost factors necessary for the development of affordable housing for very low and low income households and special populations and should have a program to revise its maximum density substantially upward in order to ensure that their policies do not inhibit housing development. The City should amend their zoning ordinance(s) and land use element accordingly. The City needs to further analyze the need for minimum density for multifamily sites so that they are not used for single family subdivisions and take similar appropriate corrective measures. Lastly, we also believe that the City's density requirements raises fair housing implications (housing element law refers to equal opportunity) because of the potential impact on protected classes who are often lower income and often in the special needs categories. We hope that these comments are helpful. Please feel free to contact us for additional information. Sincerely, Arturo Rodriguez Rita Luevanos-Castro Attorneys at Law cc: Mr. Fred Baker, City of La Quinta (via U.S. mail only) 18 r , ._- � - - - - - - - - --- - .. ,: , ipage`3;� of -3 05 OCT-19-2004 TUE 12:09 PM FAX NO. 02 Coachella Vall Thomas P. Genovese City Manager The City of La Quint4 18-495 Calle Tampico La Quinta, .CA 92253 Housing Coalition 701 Moaroe Street, Suite G, Plm 1, It Uo, CA 92201 TEL- (760) 347-3157 FAM (760) 342-6466 Be: Res once to The C111 91 LI Quints Res onse to CoMments about the 11raft Houdng1 Dear Mr. Genovese: 'Thank you for preparing a response to our comments about the June 2004 Draft of the Housing Element Update and for providing the comments and your responses for other agencies. We would like to take this opportunity to. make additional continents regarding the City of La Quinta'a responses to our initial input. 1. Public Participation A. Regarding our comments about the lack of effort for garnering public participatiou, the City responded by stating, "...CVHC had not specifically requested that it be included prior to (CVHC's September 2004) letter." While true that we did not request to be included, CVHC staff is quoted and statements are made that falsely indicate our participation in the formation of the housing element. Additionally, eight other social service organizations, some of which do not focus specifically on housing, were contacted without requesting to be included. As a prominent affordable housing developer mentioned prominently in the La Quinta housing element, CVHC should have been notified about the drafting of the housing element and also asked to comment after HCD requested that the City of La Quint& expand its public participation in preparing the element in order to comply with Housing Element Law: "Local govenur=ts shall make a diligent effort to achieve public participation of all economic segments of the community in the devoloprnent of the housing element and the element shall desenibe this effort."' b. The City also states in their response that "CVHC contacted the City regarding the preparation of the Housing Element and asked and then advised the City that CVHC was not a part of the initial group that received and commented on the June 2004 Revised Draft Housing Element. However, CVHC had not specifically requested that it be included prior to this letter. The CVHC informed the City that it preferred not to prepare comments in conjunction with the reviewing group and would reserve its comments for the September 28, 2004 Planning Commission hearing." We became aware that the La Quinta Housing dement was being sent to community organizations for comment through a conversation with Arturo Rodriguez at California Rural Legal Assistance on September 1, 2004. At this time, we obtained a copy of the La Quinta Housing Element from the CRLA office. The deadline for participating in the reviewing group, to which we were not invited, was September 10. The conversation between CVHC and the city representative did not occur until 1 Section 65583 (c). www.cvhr-org 19 20 OCT-19-2004 TUE 12:09 PM FAX N0, P. 03 September 2, which did not give us enough time to make a thorough review and respond to the Draft Housing Element before the due date of September 10. Had wee been contacted on August 20 along with the other solicited agencies and provided with a copy of the Housing Element Draft by the City, we could have participated in the reviewing group. 2. 1998 Single Family Zoning a. Our explanation of the 1998 letter sent by our attorney to the City of La Quint& is provided as evidence of our history of interest in the availability of affordable housing in the City. The City's response, which states that the attorneys comment "is based on unsupported opinion" directly contradicts the fact that the attorney cited state housing law in his argument against the City's proposed zoning law. His opinion was not unsupported, but rather was based on a California Government Code § 65008(4) (eliminating city power to impose design or construction requirements on low income housing). 3. Citation of CVHC a. CVHC agrees that Mural Migration News is a credible source of hiformftn, as stated in the City's response to our comments. However, the article referenced in the I Quinta Housing Element refers to the needs of rural Coachella Valley, and did not provide information specific to farmworker housing needs in the City of La Quints. The research conducted by the City, while using a reliable source of information was not a specific analysis of the needs within the City and its sphere of influence. b. In response to the City's comment "The City did contact the CVHC regarding the June 2004 housing element update," CVHC has no record of being contacted by the City of La Quinta after the City's conversation with Sergio Carranaa in 1999. The conversation between a city representative and CVHC on September 2, 2004 was initiated by CVHC staff. We hope this letter clarifies our strong belief that the extensive housing needs of the City of Ira Quints must to be properly identified in the city's Dousing Element and that some of the city's interpretations of housing element law are questionable. It is CVHC's long-standing mission to provide housing for the low- income communities of the Coachella Valley. We look forward to working with the city to meet those bousing needs for La Quinta's low-income residents. Housing Coalition Cc: Mario Angel, California Department of Housing and Community Development www.evhc.org 20 2!' w CALIFORNIA RURAL LEAGUE ASSISTANCE (CRLA) 1. Adequacy of Response to Comments: We have reviewed the City's responses which were submitted for the Planning Commission meeting of October 12, 2004 and which, with a few minor changes, have been submitted for tonight's City Council meeting. Without exception, it is our position that the City has not adequately addressed any of the concerns which we raised in our comments of May 10th and August 11 th. We therefore enclose all of our comments and ask that the City take the time to respond substantively. The City's responses appear to us as a misguided attempt to sway the City officials charged with adopting the Housing Element by citing meaningless legal conclusions which fail to address the issues we have raised. This is contrary to the purpose of public participation in the housing element adoption process. The HCD Housing Element Questions and Answers are instructive in this regard: "[Q1 ]: Why is public participation critical to [housing element] updates? [A] Housing issues affect the entire community - residents and employers, the public and private sectors. The public participation requirement of housing element law presents an opportunity to engage constituents in a dialogue - defining problems and creating solutions ... The inclusion of community stakeholders in the housing element public participation process helps ensure appropriate housing strategies are more efficiently and effectively developed, implemented and evaluated. City Response: The City is required to provide adequate public participation and to consider comments made by stakeholders and other commentators when it considers adoption of the Housing Element Update. The City has provided a list of specific meetings that were held to provide public comment, has worked with the HCD to provide the public participation necessary, and has considered all of the comments made during the public comment periods. The City is not required by law to incorporate every suggestion or comment into the Housing Element Update. Where the City decided it was appropriate to do so, it made changes in the Housing. Element Update based on public comment. However, many of the commentators provided unsubstantiated opinions or analysis, which is an inappropriate basis to request changes to the Housing Element Update. While the City considered these comments, the City is entitled to rely on its own analysis and conclusions which are supported by facts contained in the record. As stated in Appendix B of the Housing Element, "organizations related to low- income housing were contacted during the update of the Housing Element to gain further insight into the affordable housing needs facing La Quinta. These organizations included non -profits, such as the Coachella Valley Housing Coalition; 21. 208 public agencies, such as the Riverside County Economic Development Agency (EDA) and Department of Public Social Services (DPSS); and private organizations, such as Fred Sands Desert Realty." The City solicited and incorporated all of the input received from these organizations. The City also held a joint City Council/Planning Commission Workshop on April 27, 2004, a publicly noticed Public Hearing before both the Planning Commission and City Council. This workshop reviewed the purpose, context, issues, and objectives of the City's Housing Element. Unfortunately, representatives of low-income housing organizations did not attend. Furthermore, in response to a request from the HCD on August 20, 2004, the City submitted the Housing Element to the following organizations for their review and comment: Martha's Village & Kitchen, Catholic Charities, Coachella Valley Rescue Mission, Desert AIDS Project, Desert Alliance for Community Empowerment, Habitat for Humanity of the Coachella Valley, California Rural Legal Assistance, Housing Authority of the County of Riverside, Planning Department of the County of Riverside, City of Indio, City of Indian Wells, and the City of Coachella. Three of these entities responded: CRLA, the Riverside County Housing Authority and the Coachella Valley Rescue Mission. The comments of these entities highlighted the importance of public participation, the provision of homeless resources throughout the Coachella Valley, and the reduction of constraints to affordable housing. The Coachella Valley Housing Coalition (CVHC) was offered the opportunity to provide input as part of this review period, however, CVHC elected to provide its input at the September 28, 2004 Planning Commission Hearing. Unfortunately, CVHC did not attend the Hearing. The City's Planning Commission held a public hearing on September 28, 2004 and continued the public hearing per your request to October 12, 2004. The continuance was allowed to provide CRLA additional time to review the draft Housing Element. At the October 12th Planning Commission hearing, however, CRLA decided not to comment on the Element, citing a lack of time to review the Element and the City's responses to CRLA's comments. By October 12th, CRLA had a copy of the draft Housing Element in its possession for over five months. Subsequent revisions made to the document would not have inhibited CRLA's ability to submit substantive comments to the Planning Commission at either hearing date. The City Council held a public hearing on October 19, 2004 to consider adoption of the Housing Element update. Again, despite clear direction from the Planning Commission to provide substantive comments to the City Council and with the full copy of the City's responses to CRLA's comments, CRLA elected not to discuss the majority of the substantive issues cited it its letters. Nevertheless, the City 22 4W U Council opted to continue consideration of the adoption of the Housing Element until the City took another opportunity to review the comments submitted, including CRLAs. The City Council has scheduled the consideration of adoption of the Housing Element for November 2, 2004. The City believes that it has appropriately responded to CRLA's comments. The City understands that CRLA may disagree with the City's conclusions; however, this does not indicate an incorrect or inadequate response by the City. Without specific direction as to how the City's comments were unresponsive, the City cannot determine how to more clearly address CRLA's concerns. Finally, the minutes from the Planning Commission Hearing of September 28, 2004 have been corrected to reflect the proper name of CRLA. COACHELLA VALLEY HOUSING COALITION (CVHC) 1. Public Participation: a. Regarding our comments about the lack of effort for gathering public participation, the City responded by stating, "...CVHC had not specifically requested that it be included prior to (CVHC's September 2004) letter." While true that we did not request to be included, CVHC staff is quoted and statements are made that falsely indicate our participation in the formation of the housing element. Additionally, eight other social service organizations, some of which do not focus specifically on housing, were contacted without requesting to be included. As a prominent affordable housing developer mentioned prominently in the La Quinta housing element, CVHC should have been notified about the drafting of the housing element and also asked to comment after HCD requested that the City of La Quinta expand its public participation in preparing the element in order to comply with Housing Element Law: "Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element and the element shall describe this effort." b. The City also states in their response that "CVHC contacted the City regarding the preparation of the Housing Element and asked and then advised the City that CVHC was not a part of the initial group that received and commented on the June 2004 Revised Draft Housing Element. However, CVHC had not specifically requested that it be included prior to this letter. The CVHC informed the City that it preferred not to prepare comments in conjunction with the reviewing group and would reserve its comments for the September 28, 2004 Planning Commission hearing." We became aware that the La Quinta Housing Element was being sent to 23 210 community organizations for comment through a conversation with Arturo Rodriguez at California Rural Legal Assistance on September 1, 2004. At this time, we obtained a copy of the La Quinta Housing Element from the CRLA office. The deadline for participating in the reviewing group, to which we were not invited, was September 10. The conversation between CVHC and the City representative did not occur until September 2, which did not give us enough time to make a thorough review and respond to the Draft Housing Element before the due date of September 10. Had we been contacted on August 20 along with the other solicited agencies and provided with a copy of the Housing Element Draft by the City, we could have participated in the reviewing group. P City Response: The City's Housing Element does not contain any false statements concerning the participation of CVHC. The City and its consultant contacted CVHC during the early stages of the preparation of the Housing Element and during the recent public review efforts. Although the City requested input from the aforementioned reviewing group by September 10th, the first Planning Commission hearing did not take place until September 28th. Additionally, a second Planning Commission hearing took place on October 12' and a City Council Public Hearing took place on October 19th. Since the date of CHVC's September 2004 letter, the City did not receive any comment from CVHC until October 19, 2004. The City believes that CVHC was provided with an adequate amount of time in which to review the draft Housing Element. 2. 1998 Single Family Zoning: a. Our explanation of the 1998 letter sent by our attorney to the City of La Quinta is provided as evidence of our history of interest in the availability of affordable housing in the City. The City's response, which states that the attorney's comment "is based on unsupported opinion" directly contradicts the fact that the attorney cited state housing law in his argument against the City's proposed zoning law. His opinion was not unsupported, but rather was based on a California Government Code §65008(d) (eliminating city power to impose design or construction requirements on low income housing) . City Response: CVHC's history of interest in housing matters within La Quinta is noted and is not in dispute. The City's previous response to comment was based on the commentator's unsubstantiated opinion that the City Council had in 1998 considered acting in an unlawful manner. This assertion is unsupported. The City 24 211 prepared the Housing Element Update based on adherence to the requirements of the California Planning and Zoning Law, which includes the provision cited by the commentator. 3. Citation of CVHC: a. CVHC agrees that Rural Migration News is a credible source of information, as stated in the City's response to our comments. However, the article referenced in the La Quinta Housing Element refers to the needs of rural Coachella Valley, and did not provide information specific to farmworker housing needs in the City of La Quinta. The research conducted by the City, while using a reliable source of information was not a specific analysis of the needs within the City and its sphere of influence. b. In response to the City's comment "The City did contact the CVHC regarding the June 2004 housing element update," CVHC has no record of being contacted by the City of La Quinta after the City's conversation with Sergio Carranza in 1999. The conversation between a City representative and CVHC on September 2, 2004 was initiated by CVHC staff. City Response: The Housing Element cites data for the Coachella Valley region to provide a regional understanding of farmworker housing needs. As stated in the previous response letter, it is important to understand that the County of Riverside is the responsible jurisdiction for addressing housing needs in unincorporated territory. The Sphere of Influence and area of interest are not within the City borders and fall under the jurisdiction of the County of Riverside's Housing Element. Furthermore, the Housing Element concludes that the conversion of agriculturally developed land to residential uses will eliminate the demand for seasonal and permanent farm workers because there will not be farmland to drive a demand for farm workers in the City of La Quinta. Therefore, the Housing Element provides an analysis of both regional and City farmworker housing needs. The June 2004 and September 2004 versions of the draft Housing Element are essentially the same, as the September 2004 version incorporated non -substantive changes. The date was changed from "June" to "September" only for the purposes of updating the document to reflect the current date. This change occurred after the City's September 2"d communication with CVHC. Accordingly, the statement that the City contacted CVHC concerning the June 2004 draft Housing Element is correct. 25 212 o _ � 4 arp Qu& rAIry OF � COUNCIL/RDA MEETING DATE: July 20, 2004 ITEM TITLE: Consideration of Appointment of a Member to the Community Services Commission. wW=Aft Aa Ma Mr&Ill AT1/1ML1_ AGENDA CATEGORY: BUSINESS SESSION: v� CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Appoint one new member to the City of La Quinta Community Services Commission. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the City Council meeting of October 19, 2004, staff was directed to place consideration of the application of -John "Jack" Fleck on the agenda. Mr. Fleck's application was the only one received prior to the deadline of October 5, 2004. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appoint . one new member to the City of La Quinta Community Services Commission; or )13 2. Do not appoint one new member to the City of La Quinta Community Services Commission; or 3. Provide staff with alternative direction. Respectfully submitted, Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Application to the Community Services Commission filed by John "Jack" Fleck 2 �14 DU T aF 1'o W A/ A. A, v ATTACHMENT 1 Date: 10 / 3 42D 0,4 - r CITY OF LA QUIN'fAIU 4 OCT - 4 a, , ,i. 3 c APPLICATION TO SIf�CCti.;;r, T A S 6�FFt'CE ON LA QUINTA COMMUNITY SERVICES COMMISSION NAME: John G _ ( Jack) Fleck HOME ADDRESS: 48-425 Via Solana, La Quinta, CA 92253 TELEPHONE: (HOME) 7 6 0- 7 71- 2 5 4 4 BUSINESS: EMAIL: JGFStock@AOL. COM FAX: 760-771-2544 BUSINESS ADDRESS n / a IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD. LENGTH OF RESIDENCE IN LA QUINTA: 8 / 1 6 / 9 5 HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? NO Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be -sure to include experiences relevant to duties of the position you seek. Native, Philadelphia, Pa. Married 1954, wife, Betty: 6 children, 14 grandchildren. Education : Lehigh University,.Temple University. Ma=aha.l.lTslandc & Korea - 1951 -1 952 Honorable discharge, Dec. 1954 Sales Management as follows: 1955-1966 Fleck Bros. Co., Camden, N.J. Distributor - 1967-1970 Urethane Fabricators, Camden, N.J. Manufacturer-1970-1985 The Upjohn Company, CPR Division, Torrance, CA Plastics, 1985-1993 Dow Chemical Co. Midland, Mich. Plastics -Retired 1993-1999 Resource America, Southampton, Pa. Retired 003 5 APPLICATION, COMMUNITY SERVICES COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community Services Commission. .Z (VFW Entry), use of the Senior Center for VFW Meetings and dedication of th La Quinta Monument honnring Ar is s, Sports Figures and Veterans. PxnPriPnnP And also from a prPsPnta inn by Director Dodie Horvitz to VFW Pest 855. What specific issues or problems face the La Quinta Community Services Commission and do you have any suggestions to address those issues or problems? Plan and develop programs to respond to the needs of an ethnically djveLr5-e,, rapidly growing community, and enhance good -will and respect for the City. Listen to the concerns/needs of the residents. Work ire program changes What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Community Services Commission? leadership, _respect for others, their view points. A strong sense of PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT OTHER EXPERIENCE. Sigma Phi Epsilon- Social Fraternity, Officer, Life Member Grace Presbyterian Church - Jenkintown, Pa. Deacon, Elder, Education Chairman Sales Training - The Upjohn Company & Dow Chemical Co. American Management Assoc. Seminars/Leadership, DiversiTy & Management Training Local Election Official - Registrar of Voters 1996 - Present VFW District 22 - Chairman - Youth Programs 6 it 4 217 REPORT/INFORMATIONAL ITEM: 14 INVESTMENT ADVISORY BOARD Meeting September 16, 2004 I CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 5:30 P.M. by Chairman Lewis, followed by the Pledge of Allegiance. PRESENT: Board Members Olander, Moulin, Deniel and Mahfoud (5:36) ABSENT: None OTHERS PRESENT: John Falconer, Finance Director and Vianka Orrantia, Secretary II PUBLIC COMMENTS III CONFIRMATION OF AGENDA It was requested by Board Member Deniel to move the October Board meeting to a later date; this item will be discussed under Board Member items. IV CONSENT CALENDAR A. Approval of Minutes of Meeting on July 14, 2004 for the Investment Advisory Board. MOTION - It was moved by Board Members Deniel/Olander to approve the Minutes of July 14, 2004. Motion carried unanimously. V. BUSINESS SESSION A. - Transmittal of Treasury Report for June and July 2004 Mr. Falconer informed the Board that the June report reflects a large increase cash of $45 million due to a $90 million bond issue. Approximately $25 million was used to payoff an outstanding bond issue; the net proceeds were approximately $66 million. The Hammer property, near Dune Palms and Highway 1 1 1, was purchased for ?1� Investment Advisory Board Minutes SEPTEMBER 16, 2004 approximately $15 million; the $45 million derived from net transactions and other cash transactions. In response to Chairman Lewis, Mr. Falconer advised the Board that the bond issue was for low/moderate income housing, the money is often used to purchase land and develop the property, because the process often takes years, it could be a matter of at least two years before the money is spent. Mr. Falconer also advised the Board that the arbitrage rate on a bond is a little over 5 %, if the City earned more than 5 % the money would have to be given back to the Internal Revenue Service. This is not a concern of the City with the current interest rate environment. In addition, the City currently holds Surety Bonds on the Reserve Funds, so there are no long term investments for debt service reserve requirements; currently they are invested in T-Bills with a portion due to mature at the end of September and a portion to mature at the end of December. In response to Board Member Deniel, Mr. Falconer clarified for the Board low/moderate income housing bonds and low/moderate housing within the City. In response to Board Member Moulin, Mr. Falconer clarified for the Board the $90 million listed on the June balance sheet under deferred revenue. Chairman Lewis stated that the investments/purchased sold page, (fourth page) of the July report, Freddie Mac Discount Note should read GSE's. Mr. Falconer informed the Board that the approved increase for GSE's from $7.5 million to $10 million was reflected in the July report. MOTION - It was moved by Board Members Moulin/Olander to approve, receive and file the Treasury Report for June and July .2004. Motion carried unanimously. B. .FY 04/05 Investment Advisory Board Work Plan Chairman Lewis advised the Board that City Council would like to defer approval of the 2004/05 work plan until after the joint meeting scheduled for September 28, 2004. 2 Investment Advisory Board Minutes SEPTEMBER 16, 2004 Chairman Lewis advised the Board that the joint scheduled meeting with the City Council is to discuss the 2004/05 work plan. General discussion ensued among the Board regarding the joint scheduled meeting and if preparation for the meeting is necessary. MOTION — It was moved by Board Members Deniel/Olander to continue the approval of the 2004/05 Work Plan until after the joint meeting with City Council. Motion carried unanimously. VI CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report — August 2004 Mr. Falconer informed the Board of the City/Agency $240 million outstanding bond payable debt; this debt service payment was paid from a transfer out of LAIF in the amount of $8.5 million, placing the LAIF balances below $10 million. Chairman Lewis asked the Board from a liquidity stand point, will this affect the cash needs of the City. Mr. Falconer replied to the Board that approximately $15 million is due to mature at the end of September. Mr. Falconer informed the Board page nine is the benchmark used for the preparation of the Treasurer's report, the six month Treasury yield was 1.735 which was identical to the portfolio yield for the month of July. Noted and Filed B. Pooled Money Investment Board Reports — May and June 2004 Noted and Filed C. Joint Meeting with the Investment Advisory Board Work Plan All Board members will be in attendance with the exception of Board Member Deniel. Noted and Filed 3 220 Investment Advisory Board SEPTEMBER 16, 2004 Minutes D. New LAW Conference Dates Mr. Falconer informed the Board that the registration deadline for the conference is October 15, 2004 and any Board member wanting to attend is to notify staff prior to the deadline. Noted and Filed VIII BOARD MEMBER ITEMS Board Member Deniel requested that the scheduled October meeting be moved to a later date. It was decided among the Board to keep the original scheduled date. Board Member Olander commented to the Board that the bond market currently contains Consumer Bonds which is an asset backed bond with consumer paper, (i.e. credit cards, mortgages, student loans, car loans, etc...) these bonds are being packaged by the banks and represent 32% of the U.S. bond market. Board Member Olander also commented that currently Government bonds are at 29% and Corporate Bonds are at 20%. Because these consumer bonds are pooled, this could be a cause for concern. In response to Board Member Moulin, Mr. Falconer advised the Board that he will follow up with Staff to address the firewall which currently does not allow teleconferences. VIII Adjournment MOTION - It was moved by Board Members Olander/Moulin to adjourn the meeting at 6:30 p.m. Motion carried unanimously. Su by, Vianka Orrantia Secretary 4 Department Report: I — �A%4 , PIK OF Tk TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: November 2, 2004 SUBJECT: Department Report — Response to Public Comments The following public comments were made at the October 19, 2004, City Council meeting: 1. David Willmon, League of California Cities, gave an update on Proposition 1 A, which will appear on the ballot on November 2. The proposition has received wide support across the state, and Mr. Willmon expressed his gratitude on behalf of the League for the Council's support. ■ Mayor Adolph thanked Mr. Willmon and the League for their efforts in support of "Yes on 1 A." 2. Stan Ford, Coachella Valley Recreation & Parks District General Manager, presented Council and the City Clerk with a copy of the System -Wide Park Plan commissioned by CVRPD. Mr. Ford also notified Council that CVRPD was eager to amend the agreement for the operation of the Fritz Burns Park pool, and looked forward to its appearance on Council's agenda on November 16. 3. Pamela Jandt, 78-010 Main Street, speaking on behalf of a majority of the tenants of Old Town La Quinta, referenced a letter they wrote to the City asking to be placed on the agenda. ■ Mayor Adolph indicated the correspondence was received too late to make this agenda and would be placed on the next agenda. Ms. Jandt summarized their concerns as follows: the City parking lot on Avenida Bermudas should be mowed on a regular basis and the nails removed; additional lighting is needed in the parking lot and the signage 222 should be larger; a crosswalk is needed on Avenida Bermudas; more frequent police patrols are needed; the parking spaces are not clearly marked; and construction of the new parking lot should be after the season is over. Council Member Sniff stated the general direction given to staff earlier today was to begin the roundabout in the Village at an earlier date and delay the parking lot construction until about May. Ms. Jandt referenced a second letter requesting Avenida La Fonda be designated as three-hour parking because some of the employees and construction workers take up the parking spaces all day. She asked what they can do to move these issues forward. In response to Mayor Adolph, City Manager Genovese stated staff will come back with a department report addressing these issues at the next Council meeting. Council Member Sniff recommended the tenants attend the Council meetings to keep a finger on the "pulse" of the City, and noted City Council agendas are available through the City Clerk's. Office. Council Member Henderson commented on the efforts being made already to address most of these concerns. 2 tw4w3 DEPARTMENT REPORT: TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager /j i DATE: November 2, 2004 SUBJECT: Report Regarding Meeting with Planning Commissioner Krieger Staff met with Planning Commissioner Ken Krieger on October 26, 2004 pursuant to City Council direction. The City Manager asked Commissioner Krieger if absences during the summer will be recurring. Commissioner Krieger responded that he is usually out of town from six to eight weeks during the summer months, and that he would miss Planning Commission meetings during that time. Department Report: I a,A LOJO, OF T�9� . TO: The Honorable Mayor and Members of the City Council 41- FROM: M. Katherine Jenson, City Attorney -ro ir�v DATE: November 2, 2004 SUBJECT: Department Report - City Attorney Report on Tribal Land Acquisitions in City and Gaming Issues I. Introduction This memorandum is provide in response to Mayor Adolph's question from the October 16, 2004, City Council meeting regarding the City's restrictions on gambling and the question of whether the Torres -Martinez Desert Cauilla Indians (the "Tribe") could construct and operate a casino within the City of La Quinta (the "City"). II. Summary Indian tribes may only operate casinos on "Indian lands." Under an agreement entered into between the Tribe and the Federal Government (and pursuant to federal legislation enacted to implement the agreement) the Tribe has the ability to convert up to 11,800 acres of land that it acquires within designated areas (the Primary and Secondary Acquisition Areas) into "Indian lands" by requesting that the Federal government hold such lands for the Tribe in trust. However, pursuant to the agreement, local governments have the ability to veto the acquisition of lands which were within their boundaries when the agreement was executed 1996. The City's veto power would not apply to properties that were annexed to the City after 1996. We have requested that Congresswoman Bono's office provide the City with a final versions of the settlement agreement in order to verify the boundaries of the Primary and Secondary Acquisition Areas. As of the preparation of this memorandum, we have not yet received the memorandum, but we anticipate that we will have it prior to the November 2, 2004 Council meeting. Separate from the settlement agreement, the Tribe, like any federally - recognized Indian tribe, may submit an application to the Secretary of the Interior requesting that its lands be acquired in trust. If the Tribe were to utilize this procedure, the City would not have "veto power" over the request, but would receive notice and would be entitled to comment on the application request. Given that it is much easier for the Tribe to acquire "Indian lands" pursuant to the settlement agreement than to try and do so outside of it, it is unlikely that the Tribe would attempt to utilize this procedure in the near future. In addition, all Ind-ian gaming operations must be conducted in accordance with a gaming compact negotiated between the tribe and the state. The Tribe's current gaming compact allows them to operate only one casino within Riverside County, and specifies that such casino must be built on land acquired within the Secondary Acquisition Area under the settlement agreement for gaming purposes. Mayor Adolph raised the issue of whether the City should adopt regulation of gaming at this juncture to address this issue. The City already has restrictions on gambling. Unfortunately, if the Tribe went through the state and federal requirements to acquire land, add it to its tribal lands, and then get state permission to operate a casino, it would be exempt from. local regulations. Discussion The Indian Gaming Regulatory Act Gambling on Indian Lands is governed by the Indian Gaming Regulatory Act ("IGRA"). Under IGRA, gambling is divided into 3 types of activities: ceremonial games (Class 1), bingo -type games (Class 11), and casino -type games (Class III). Assuming that a tribe is federally recognized and that the state in which it desires to operate a casino allows some form of Class III gaming, the tribe will be permitted to conduct casino type operations provided 2 major conditions are met: 1) the gaming operations occur on "Indian Land"; and 2) the operations are conducted in conformance with a gaming compact entered into between the tribe and the state where the land is located'. Each of these requirements is discussed in turn below. "Indian Lands" Under IGRA, "Indian lands" is defined as both: 1) "lands within the limits of any Indian reservation" and 2) "any lands ... held in trust by the United States for the benefit of any Indian tribe ... and over which an Indian tribe exercises governmental power." (25 U.S.C. § 2703.) Therefore, before an Indian tribe may develop a casino on land that it acquires outside of its reservation lands, it must request that such land be acquired by the Federal Government in "trust status" by ' In addition to these conditions, before a tribe may conduct gaming operations, IGRA requires that it adopt a tribal gaming ordinance and that the ordinance be approved by the Chairman of the National Indian Gaming Commission. (25 U.S.C. § 2710(d)(1).) 2 ?4s filing a written acquisition request with the Secretary of the Interior (the "Secretary")'. (See 25 C.F.R. 151.9.) Upon receiving such a request, the Secretary is required to notify the state and local governments which have regulatory jurisdiction over the land to be acquired. Such governments then have 30 days in which to provide written comments to the Secretary as to the acquisition's potential impact on regulatory jurisdiction, real property taxes, and special assessments. (See 25 C.F.R. 151.101 151.11.) The Secretary has discretion over whether to grant or deny the request, however, Department of the Interior regulations require that a number of factors be considered in making such decision, including: "a) The existence of any statutory authority for the acquisition and any limitations contained in such authority; (b) The need of the individual Indian or tribe for additional land; (c) The purposes for which the land will be used; ... (e) If the land to he acquired is in unrestricted fee status, the impact on the State and its political subdivisions resulting from the removal of the land from the tax rolls; [and] (f) Jurisdictional problems and potential conflicts of land use which may arise." (25 C.F.R. 151.10.) Furthermore, where the land to be acquired is non-contiguous to the tribe's reservation, additional considerations come into play.- If the land is being acquired for business purposes, the tribe is required to provide a plan which specifies the anticipated economic benefits associated with the proposed use. Moreover, as the distance between the tribe's reservation and the land to be acquired increases, the Secretary is required to give greater scrutiny to the tribe's justification of the anticipated benefits from the acquisition, and to give greater weight to the concerns raised by state and local governments. (See 25 C.F.R. 151.1 1.) Therefore, while local governments cannot necessarily prevent property within their jurisdictions being converted into "Indian land," they do have the opportunity to provide comments which the Secretary of the Interior is required to consider before deciding whether or not to grant the acquisition application. Furthermore, .according to those familiar with the trust land acquisition process, it has generally become very difficult for tribes to convince the federal government to take new lands into trust status, particularly in areas, such as California, where tribes may operate casinos, and where a number of Indian casinos already exist. The Torres -Martinez, however, benefit from special legislation enacted by Congress to implement an agreement negotiated between the Tribe and the Federal Government which provides that the Secretary will accept a certain amount of land acquired by the Tribe into trust status, so long as certain conditions are met. (This legislation is discussed in greater detail below.) Neither the legislation, nor the agreement it implements (the "Agreement") prevent the Tribe from seeking trust status for additional lands outside of the Agreement (by utilizing the usual process described above), however, it seems unlikely that such attempts would be successful, especially over the objections of local governments, since the Tribe 2 It is also possible for a tribe's land to be put in trust by an act of Congress, although this is unusual. 227 3 would presumably have difficulty proving it has a need for more tribal lands than are already provided for in the Agreement. Tribal Gaming Compacts Gaming compacts are negotiated between tribes and the state. Once a tribe has requested that a state enter into compact negotiations with it, the state is required to negotiate in good faith. (25 U.S.C. § 2710(d)(3)(A).) Compacts specify the types of gaming activities which the tribe will be permitted to conduct, and may include provisions related to any other subjects directly related to the operation of gaming activities. (25 U.S.C. § 2710(d)(3)(C).) The IGRA does not specify any role for local governments in 'the negotiation of compacts, however, municipalities may, of course, encourage state officials to look after their interests in negotiating compacts. Compacts take effect only after they have been approved by the Secretary and published in the Federal Register. (25 U.S.C. § 2710(d)(3)(13).) The Tribe negotiated a compact with the state that went into effect January 16, 20043. The compact allows the Tribe to establish two Class III gaming facilities, one in Riverside County and one in Imperial County. The Riverside County casino must be built on land acquired for gaming purposes within the Secondary Acquisition Area under the Settlement Agreement. (See Legislative Analysis of SB 930.) (See discussion of Settlement Agreement below.) Therefore, the Tribe can not construct a casino in Riverside County, outside of the Secondary Acquisition Area, unless its gaming compact is first modified. Once we obtain the final version of the Agreement, we will be able to provide more information on this point. The Torres -Martinez Desert Cahuilla Indians Claims Settlement Act In 2000, the U.S. Congress enacted legislation (the "Act") to implement a 1996 settlement agreement entered into between the Tribe and the Federal government in order to settle land claims made by the Tribe. (See 25 U.S.C. § 1778, et. seq.) The Act provides that the Secretary of the Interior will convey into trust status up to 11,800 acres of lands purchased or otherwise acquired by the Tribe within two designated areas: the "Primary Acquisition Area" and the "Secondary Acquisition Area." (25 U.S.C. § 1778(d).) However, no more than 640 acres of the land may come from the Secondary Acquisition Area. (25 U.S.C. § 1778d(a)(3)(A). Further, the Tribe may conduct gaming on only one site within the lands acquired pursuant to the Act. (25 U.S.C. 11778d(b).) We have been unable to determine boundaries of the Primary and Secondary Acquisition Areas, and for this reason have requested the final version of the Agreement from Congresswoman Bono's office. From a semi -legible map in our file, it appears that La Quinta was originally within the Secondary Acquisition Area. According to the Act, however, there were four amendments to the Agreement, thus, it is not clear whether the City remained in an Acquisition Area. s See 69 Fed. Reg. 2618. The compact was ratified by Govt. Code § 12012.30. 4 4. In addition, the Act also provides that if "the governing body of the city whose incorporated boundaries (as such boundaries exist[ed] on the date of the Settlement Agreement) the subject lands are situated within" formally objects to the acquisition by a majority vote, the Secretary shall deny the acquisition request. (25 U.S.C. § § 1778d(a)(2)(B), 1778d(a)(3)(B).) Thus, municipalities essentially have "veto power" over the conversion of land within their 1996 boundaries to "Indian lands." Consequently, the City has the ability to prevent the Tribe from acquiring "Indian lands" within the 1996 boundaries of the City under the terms of the Settlement Agreement. La Quinta Municipal Code La Quinta's Municipal Code currently forbids any person from conducting or permitting gambling within the City. (See Municipal Code, Chapter 1 1.124.) However, if the Tribe were successfully convert lands within the City into "Indian lands," the City would not be able to enforce its gambling ordinances on such lands. (See California v. Cabazon Band of Mission Indians 0 987) 480 U.S. 202, 212 (holding County of Riverside could not apply its gambling ordinances to a reservation within the county).) 4 Specifically, 1 1.12.010 makes it unlawful to conduct or maintain a gambling establishment within the City, 1 1.12.020 makes it unlawful to permit such an establishment to be conducted within the City, and 1 1.12.040 prohibits the operation of slot machines within the City. DEPARTMENT REPORT: 3' R NOVEMBER 2 NOVEMBER 2 NOVEMBER 16 NOVEMBER 18 DECEMBER 6 DECEMBER 7 DECEMBER 16 DECEMBER 21 CITY COUNCII:S UPCOMING EVENTS CITY COUNCIL MEETING ELECTION DAY CITY COUNCIL MEETING ANNUAL THANKSGIVING LUNCHEON AT SENIOR CENTER -11:30 A.M. HOLIDAY OPEN HOUSE -11:30 A.M. CITY COUNCIL MEETING ANNUAL HOLIDAY LUNCHEON AT SENIOR CENTER -11:30 A.M. CITY COUNCIL MEETING November 2004 La Quinta City Council Monthly Planner 1 2 3 4 5 6 2:00 PM City Council 10:00 AM ALRC 12:00 PM Mayors Lunch 9:00 AM - 4:00 PM SJSR Ntl. Mnmt-Henderson Meeting Election Day 8 9 10 il 12 13 .......... 7 12:00 PM Transp-Perkins 12:00 PM Human & 9:00 AM RCTC- 3:00 PM Mtns. Con -Sniff Comm. -Osborne Henderson IL 6:00 PM League- 7:00 PM Mosquito 5:30 PM Investment Henderson Abate. -Perkins Advisory Board Veteran's Day 7:00 PM Com. Serv. 7:00 PM Planning (CITY HALL CLOSED) Comm. Commission 15 16 17 18 19 20 14 10:00 AM CVAG-Pub. 9:00 AM CVA-Henderson 12:00 PM Energy/ 3:00 PM Historic Preser- Safety-Perkins 2:00 PM City Council Environ.-Sniff vation Commission Meeting 22 23 24 25 26 27 21 7:00 PM Planning 12:00 PM Sunline-Adolph Commission 4:00 PM DRRA Airp- 4 4 Osborne Thanksgiving Day Thanksgiving Holiday (City Hall Closed) (City Hall CLOSED) 28 29 30 October December 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 s 5 6 7 8 9 10 11 10 11 12 13 14 15 16 17 18 19 20 21 22 23 12 13 14 15 19 20 21 22 16 17 18 k 23 24 25 24 25 26 27 28 29 30 31 26 27 28 29 30 31 Printed by Calendar Creator Plus on 10/27/2004 231 December 2004 La Quinta City Council Monthly Planner !I z 1 2 3 4 !!' November 04 ;, January 05 10:00 AM ALRC 9:30 AM Animal Campus- i S M T W T F S S M T W T F$ 12:00 PM Sunline-Adolph Henderson 7 ! 1 2 3 4 5 6 ,y! 8 9 10 11 12 13 !, •€ �' , I 2 3 9 10 1 4 5 6 7 8 11 12 13 14 15 !` 14 21 15 16 17 18 19 20 ;� i 9 22 23 24 25 26 27 i 16 17 23 24 18 19 20 21 22 25 26 27 28 29 1 j 28 29 30 I i 30 31 5 6 7 8 9 10 11 6:00 PM Exec. Cmte.- 2:00 PM City Council 9:00 AM RCTC- 12:00 PM Energy/ 6:00 PM Employees Adolph Meeting Henderson Environ.-Sniff Recognition Dinner 5:30 PM Investment 7:00 PM Cultural Arts Advisory Board Commission Holiday Open House 11:30 a.m. - 3:30 p.m. 12 13 14 15 16 17 18 7:30 AM CVEP-Adolph 7:00 PM Mosquito 3:00 PM Historic Preser- 10:00 AM Pub. Sfty- Abate. -Perkins vation Commission Perkins 7:00 PM Planning 12:00 PM Transp-Perkins Commission 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 19 20 21 22 23 24 25 12:00 PM Sunline- Adolph 9:00 AM CVA-Henderson 2:00 PM City Council 12:00 PM Human/Comm- Osborne 9:00 AM LAFCO- Henderson 0 0 Meeting 4:00 PM DRRA Airp- Osborne Christmas Eve Christmas Day (City Hall CLOSED) 1st Day of Winter 26 27 28 29 30 31 !!! 6:00 PM Exec Cmte.- 7:00 PM Planning I' Adolph Commission New Years Eve 1313f3 (City Hall CLOSED) Printed by Calendar Creator Plus on 10/27/2004 932 RAI January 2005 La Quinta City Council Monthly Planner 1 New Years Day 3 4 5 6 7 8 2:00 PM City Council 10:00 AM ALRC 12:00 PM Mayors Lunch Meeting 9 10 11 12 13 14 15 7:30 AM CVEP-Adolph 7:00 PM Mosquito 9:00 AM RCTC- 9:30 AM Animal Campus 10:00 AM Pub. Sfty- Perkins Abate. -Perkins Henderson 12:00 PM Energy/Envi- 12:00 PM Transp-Perkins 3:00 PM Mtns. Con -Sniff 7.00 PM Planning Commission 5:30 PM Investment Advisory Board Sniff 7:00 PM Cultural Arts 6:00 PM League- Commission Henderson 7:00 PM Com. Serv. Conan. 16 17 18 19 20 21 22 9:00 AM CVA-Henderson 3:00 PM Historic Preser- IV 2:00 PM City Council vation Commission Meeting Martin Luther King's Birthday (CITY HALL CLOSED) 23 24 25 26 27 28 29 7:00 PM Planning 12:00 PM Human/Comm- 9:00 AM LAFCO- Comrnission Osborne Henderson 30 31 6:00 PM Exec Cmte.- Adolph 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Osborne December 04 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 February 05 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Printed by Calendar Creator Plus on 10/27/2004 r3 ') n 4.Jv DEPARTMENT REPORT: SSA U �1. IHcorM Jt�si, OF T19 TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: November 2, 2004 RE: Public Works/Engineering Department Report Attached please find the following: 1. Response to questions regarding the Village Parking Lot. imothy".on on ublic W s Di ctor/City Engineer 234 T a it it 4 QaArw MEMORANDUM TO: Honorable Mayor and City Council Members FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: November 2, 2004 RE: Response to questions regarding the Village Parking Lot Please see the attached response to letters dated October 12, 2004 from Classic Luxury Travel regarding maintenance of the existing Village Parking Lot and the schedule for future improvements to the parking lot and roundabout. 4.35 P.O. Box 1504 78-495 CALLE TAMPICo LA QUINTA, CALIFORNIA 92253 October 28, 2004 Pamela Jandt Classic Luxury Travel 78-010 Main Street, Suite 207 La Quinta, CA 92253 RE: Public Parking Lot on Avenida Bermudas Dear Ms. Jandt: (760) 777-7000 FAX (760) 777-7101 Thank you for your letters dated October 12, 2004 regarding the parking lot on Avenida Bermudas as well as on street parking within the Village adjacent to Old Town La Quinta. As you may be aware, the City is currently under design for constructing improvements to the City's parking lot in the Village between Avenida Bermudas and Avenida Navarro, as well as the adjacent roundabout. The design of these improvements is nearly complete. We anticipate bidding these improvements in January 2005 with construction to start in April 2005. In the. meantime, the City will continue to maintain the Village parking lot to include trimming the grass that is .on City property. However, much of the grass is growing on private property, which will be forwarded to Code Compliance for weed abatement. The City will also remove any construction debris in the parking lot. We are also contracting with a sign company to produce a larger public parking lot sign at the entrance from Avenida Bermudas into the parking lot. As part of the permanent improvements, two crosswalks with pedestrian refuge islands will be constructed across Avenida Bermudas in order to increase safety for pedestrians crossing Avenida Bermudas and to reduce vehicle speeds. The parking lot improvements include lighting within the . parking lot as well as streetlights along Avenida Bermudas and Desert Club Drive. Chief Horton has indicated that additional patrol officers have been added to the Village between the hours. of 6:00 p.m. and 12:00 a.m. to insure safety to workers and patrons of Old Town La Quinta. T:\PWDEPT\STAFF\JonassonUtt9rs 2004\041028 Classic Luxury.doc Page j The subject of 3-hour parking has been brought to the City Coun( attention for Avenida La Fonda. Additional enforcement would be require order to enforce the 3-hour parking, which may require the Vill businesses to create a parking district in order to fund these costs. In case,. the use of 3-hour parking would require City Council approval in of to install the restricted parking zone on a City street. If you have any questions, please contact me at (760) 777-7042. Sincerely, t1 c:'t 12 r 04: 0,5 t o2p ;. :.Gi atssf c ;Luxury Travel,t 7.66 l 564 -7783 . P • 1 October .121,2004 Mayor Don Adolph City Council Members 79495 Calic TAMOCO I.a Quints; CA 92253 TRAVEL ��1.� Firtk�NurtknewGucKry.11VDu�lao ,� � MC� � a. - Via fax and perscmal delivery. Dray Mayor Adolph .And 'Council Members, & �t r*A A,-*,w . b b ToWA. I am a tenant of Old Town Lei Quints and represent the Tcwnt Association, which includesadvancc retail, restaurant and ofi'icc space. I have bean Asked to bring matters to your attcntaon in of our joint attendance A the Oct 19 City Council meeting: WC would like these matters placed an the agenda and-= hereby presented in two separate letters. Public Pswidag Lot oa Avenida Bermatdss ufi This lot is in Head ormaintenac'ee, additional signagc And safety. and sec ty•additions. . 1. Lot should be mowed and all grass trimmed from anxmd the. -parking barn . Thy grass is so high; some barricades are hidden. 2. Thera arc hundreds or nails on the site that area danger to tires and foot t.mffK. 3. Signage needs to be much larger. 'Me public is not aware this. is'a public lot. 4. A ct+oscwalk deeds to be added actOss Avenida Bcfmudas. It is very unsafe to cross at all times of the day. but espceially after dark, , 5, Additional .li9WD9, even tcaMporary. tAcds to be added, especially now that tt will get dark so early. All employees .And scene cUstornem oC All the eaurroundin businesses will be .walking into a dark parking lot, with matey of the. csrplOyees ccrying the day's receipts fcxIhcir businesses. 6. Moc'e Ctoquent police patmiS are in order. There have bees scvcral.instai�ecs f Ow transient wo&cm harawin womcn cm o 4. ct�onally, i n es Mrvc occu rr re. People WCrC attempting to break into cars and/or vandal'izc cars. 7:. ConstnuKion of the new parking lot should be dclaycd until after the Season. l?liminating all this parkin; for construction during sa the Scact will be very detrimental to all our businesses. Please consider these requests and take .action as soon as. possible. Time is of the essence as all tenants and cmptoyocs are concemed Cor their safety in using this public lot. . Thank you in advance fcx your coesidcration, of this matter. I verily serve asthe. contact person for Old Town La Quinta. Sincerely, 49 amela Jandt fit (701) 564-0623 �. • ` 1 r. t h•ttl.. 78.0 t0 tit�.fi� Sired, �ait� ?.07 -- L� �it 1, C,r4 921.�3 N Pk (760) 564-7730 Fx . (760) S6¢-M.; a+veeo tC 12s :D4, pSZ'02p C:la:xsio::-,Luxury Travel (76O)564-7793 p.2 TRAVEL^ ✓�.I�� For tkes& d"t k,"ie-G ^WY AND vRl -October 12,.2004 Mayor.Don Adolph City Comwil Members 71C495 Calls Tampico La Quinta, CA 92253 ' 'Via fax and personal delivery Dew Mayor Adolph and Council Members, I am a taunt of Old Town La Quinta and r present the Tenant Galion, which includes all irtail, restaurant and office space. 1 have been asked tot ring matures to your attention in advance of our joint a#rndanoe at the Oct 19 City Council meeting. We would like these Matters planed on the. agenda %%d are herby cd in two w4ut ttc letters.: Strict -P•rkiag- oa Avenida IA Foods We wo*W late all of the parkia&om Av.=Wa IAToida dtsig aW as -thour par*lag. With unlimited titne for.paddng etnployces of aU surrounding :businesses am taking up valuable packing spaces that achould the :foe eustomas. As this is AU public pukinv, we ear O act our employe= -or anyone else's from parking there. All businesses adjacent to f Avenida Let Foada will benefit'from this pvA ng change. The City of La Quints will benefit ftoim the additiQnai sales tax generated from he.coatinued success . Of 411,40 se businesses. Without adequate customer king; we alrtady know we Iose cusiomcrs to other shopping and dining sires. Old Town IA Quinta and the Village of 1A Quints must be Consumer friendly in order to be a flue destination shopping and dining location. Plcasc consider this request and. take action as soon as-possibic. Time is of the essence as neither the . City nor the merchants want to miss the `Season'. 'flunk you in advance for your consideration' of this matter. I wiU srrre as the contact person for Old Town La Quinta. • Si rely, • Qom' �,� ` Pamela 3 t (760) 5"-0023ZIA - 8-O 10 It t� tt�►ut, Sx&e, 207 M LA ed-k 4 C� 92253 p (760) S6¢-7730 « Fx (760) SCY-7793 ' t�cnrtr. .' cow •