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2005 01 18 CCCity Council Agendas are Available on the City's Web Page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting i Tuesday, January 18, 2005 - 2:00 P.M. Beginning Resolution No. 2005-008 Ordinance No. 414 CALL TO ORDER Roll Call: Council Members: Henderson, Osborne, Perkins, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes Please watch the timing device on the podium. CLOSED SESSION - NONE 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. RECONVENE AT 3:00 P.M. City Council Agenda 1 January 18, 2005 �, PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Business Session matters or Public Hearings on the agenda, a completed "request to speak" form should be filed with the City Clerk prior to the City Council beginning consideration of that item. CONFIRMATION OF AGENDA PRESENTATIONS 1. PRESENTATION OF QUEEN SCHEHERAZADE AND HER COURT ON BEHALF OF THE RIVERSIDE COUNTY FAIR AND NATIONAL DATE FESTIVAL. WRITTEN COMMUNICATIONS 1. CORRESPONDENCE FROM E. H. HEIMANN, JR., DATED JANUARY 3, 2005. APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF JANUARY 4, 2005. 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 JANUARY 18, 2005. 2. TRANSMITTAL OF TREASURER'S REPORT DATED NOVEMBER 30, 2004. 3. TRANSMITTAL OF REVENUE AND EXPENDITURES REPORT FOR NOVEMBER 30, 2004, AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING DECEMBER 31, 2004. City Council Agenda 2 January 18, 2005 4. ADOPTION Of: A RESOLUTION APPROVING A PROJECT APPLICATION FOR THE FISCAL YEAR 2005/2006 BICYCLE TRANSPORTATION ACCOUNT FUNDS FOR A BIKEWAY ALONG PORTIONS OF FRED WARING DRIVE AND MILES AVENUE. 5. APPROVAL TO AWARD A CONTRACT TO GRANITE CONSTRUCTION COMPANY TO CONSTRUCT THE EISENHOWER DRIVE BRIDGE AND DRAINAGE IMPROVEMENTS, PROJECT NO. 2001-06. 6. ADOPTION OF A RESOLUTION ACCEPTING A DECLARATION OF DEDICATION TO THE CITY FROM WARING-ADAMS VENTURE, A CALIFORNIA GENERAL PARTNERSHIP, FOR LOT D OF TRACT MAP 25290 FOR PUBLIC LANDSCAPING PURPOSES, APN: 640-180-067. 7. APPROVAL TO AWARD A CONTRACT TO PETE AND SONS CONSTRUCTION INC., TO CONSTRUCT THE LA QUINTA DOWNTOWN LIGHTING AND AVENIDA BERMUDAS SIDEWALK IMPROVEMENTS, PROJECT NO. 2003-07A. 8. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING TO PREPARE THE PLANS, SPECIFICATIONS,, AND ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COSTS FOR THE HIGHWAY 111 CORRIDOR IMPROVEMENTS FROM ADAMS STREET TO JEFFERSON STREET, PROJECT NO. 2001-07A. 9. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 32201, DESERT SHELLS ESTATES, CHOICE ENTERPRISE REAL ESTATE AND INVESTMENT CO., INC. 10. ACCEPTANCE OF PROJECT NO. 2004-02, TRAFFIC SIGNAL LED LAMP RETROFIT. 11. ADOPTION OF A RESOLUTION ACCEPTING PASSES TO THE BOB HOPE CHRYSLER CLASSIC GOLF TOURNAMENT TO BE HELD JANUARY 24-30, 2005, IN THE COACHELLA VALLEY. 12. CONDITIONAL APPROVAL OF ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDED SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 31202-2, LA QUINTA QUAIL RUN, LLC. 13. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE FINANCE DIRECTOR TO ATTEND THE 2005 GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA) ANNUAL CONFERENCE IN SAN ANTONIO, TEXAS, JUNE 26-29, 2005. 14. APPROVAL OF CART PATH EXCHANGE AGREEMENT BETWEEN THE CITY AND SUPPER CLUB GOLF, LLC. City Council Agenda 3 January 18, 2005 BUSINESS SESSION 1. CONSIDERATION OF COMMUNITY SERVICES COMMISSION VACANCY. A. MINUTE ORDER ACTION 2. CONSIDERATION OF FACILITY AGREEMENT FOR THE OPERATION OF THE. FRITZ BURNS PARK POOL WITH THE FAMILY YMCA OF THE DESERT. A. MINUTE ORDER ACTION 3. CONSIDERATION OF SECOND READING OF ORDINANCE NO. 413, APPROVING REVISION TO THE LA QUINTA ZONING MAP FOR CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF AVENUE 54, THE EAST SIDE OF MADISON STREET, THE NORTH SIDE OF AVENUE 55, TO '/4 MILE WEST OF MONROE STREET. ZONE CHANGE 2004-122, APPLICANT: TRANSWEST HOUSING. A. ADOPTION OF ORDINANCE NO. 413 ON SECOND READING 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. CULTURAL ARTS COMMISSION MINUTES OF DECEMBER 9, 2004 17. COMMUNITY SERVICES COMMISSION MINUTES OF DECEMBER 13, 2004 18. ARCHITECTURE AND LANDSCAPING REVIEW COMMITTEE MINUTES OF DECEMBER 1, 2004 19. PLANNING COMMISSION MINUTES OF DECEMBER 14 AND DECEMBER 28, 2004 CI City Council Agenda 4 January 18, 2005 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY - NONE 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY DIRECTOR'S MONTHLY REPORT FOR DECEMBER, 2004 5. COMMUNITY DEVELOPMENT DIRECTOR'S MONTHLY REPORT FOR DECEMBER, 2004 6. COMMUNITY SERVICES DIRECTOR'S MONTHLY REPORT FOR DECEMBER, 2004 7. FINANCE DIRECTOR'S REPORT - NONE 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S MONTHLY REPORT FOR DECEMBER, 2004 9. POLICE CHIEF'S MONTHLY REPORT FOR DECEMBER, 2004 10. FIRE CHIEF'S QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING ACKNOWLEDGMENT OF CHIEF HORTON'S SERVICE TO THE CITY OF LA QUINTA - REQUESTED BY COUNCIL MEMBER PERKINS. RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7:00 P.M. PUBLIC COMMENT This is the time set aside for public comment on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three (3) minutes. Please watch the time clock on the speaker's podium. PRESENTATIONS 1. LA QUINTA HIGH SCHOOL ART WALL PRESENTATION. PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. City Council Agenda 5 January 18, 2005 J Any person may submit written comments to the La Quinta City Council before a public hearing may appear and be heard in support of, or in opposition to, the approval of project(s) at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. CONTINUED PUBLIC HEARING TO ADOPT A RESOLUTION OF THE CITY COUNCIL APPROVING TENTATIVE TRACT MAP 32751, FOR THE SUBDIVISION OF ± 9.25 ACRES INTO 29 SINGLE-FAMILY LOTS AND MISCELLANEOUS LOTS, FOR THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF JEFFERSON STREET AND POMELO. APPLICANT: GROVE PARTNERS LQ, LLC. A. RESOLUTION ACTION 2. PUBLIC HEARING TO ADOPT AN ORDINANCE AN AMENDMENT TO CHAPTER 9, SECTION USES IN RESIDENTIAL DISTRICTS; SECTION USES IN NONRESIDENTIAL DISTRICTS; 9.100.040.B.1.a RELATING TO INTERIOR LA QUINTA MUNICIPAL CODE. OF THE CITY COUNCIL APPROVING 9.40.010 — TABLE 9-1 PERMITTED 9.80.040 — TABLE 801 PERMITTED SECTION 9.150.080.M.5.a; AND LANDSCAPING; OF THE CITY OF A. MOTION TO TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING. B. INTRODUCE ORDINANCE NO. ON FIRST READING. ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on February 1, 2005, commencing with closed session at 2:00 p.m. and open session at 3:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, June S. Greek, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of Tuesday, January 18, 2005, 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, January 14, 2005. DATED: January 14, 2005 JP_L_ 'Qf, '� ES.REEK, CMC, City Clerk City of La Quinta, California City Council Agenda 6 January 18, 2005 6 Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7025, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777-7025. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the 3:00 PM session or the 7:00 PM session. City Council Agenda 7 January 18, 2005 31100(AA ff /0 b;— oo ( *6 January 18, 2005 To La Quinta Community Leaders From Lothar Vasholz, Public Relations TIP Trauma Intervention Program Coachella Valley Re Status TIP -Trauma Intervention Program, provides immediate service to victims of Un attended death Crimes Fire cl�3 Motor Vehicle Accidents Oth�' person traumatic events A�dlunteer responds to a request from an emergency professional (Fire, Police, Sheriff, Emergency Room Personnel). We respond, on site, within 20 minutes and provide aid, counsel, comfort, planning, and reinforcement to victims/survivors of individual "9/11" events. TIP -Trauma Intervention Program -this year celebrates 20 years of service. Founded in Southern California the program serves 75 communities from Portland, Oregon, to Boston, Massachusetts, Coast to. Coast and Border to Border. Established in the Coachella Valley October V, 2003 TIP has been in continuous Q2A/7 service since that date. We are staffed with volunteers to provide service any day, at any time. We have participated in 383 service calls —impacting 3-4 persons on each cal -a total population served of 1149 to 1532 individuals. Our volunteers receive 50 hours of training before active status, and we have an ongoing monthly review, continuing training session. We also relieve emergency personnel of the need to stay at a scene waiting for the coroner to remove a body. (Personal examples 2-3 hours, officers freed to respond to other situations. $100-150 Per hour per officer saved) Additional Service-7 hour, Approved program "Helping Survivors After Tragedy Strikes" Monday Feb 7". TIP is grateful for the financial support of your community and looks forward with you to continued service in the next fiscal year. E: WRITTEN CORRESPONDENCE ITEM: t3��"'-�'` - C January 3, 2005 The Honorable Don Adolph Mayors Office 78495 Calle Tampico LaQuinta, CA 92247 Dear Mayor Adolph: In a recent estate planning session with our financial advisor, it was suggested my wife and I might consider donating part of our extensive art collection to your fine city so that many people could experience the enjoyment as we have. After careful consideration, and inasmuch as we have no immediate family members to consider and hold great affection for the Coachella Valley, we are interested in donating a magnificent stone sculpture to your fine city. Enclosed is an information sheet on the artist and his work, along with a picture of the statue under consideration. The stone used in this piece of art came from a portion of the original Chicago Stock Exchange Building. It is approximately 15 feet tall and weighs about 1500 pounds. We feel it would be an excellent addition to any public city building, school, recreation center or park. Its approximate value is $25,000 and is available for your inspection at our home here in the desert. Please consider our offer and call us at 760-674-0900 for an appointment. Yours truly, E.H. Heimann, Jr. Mission Ranch 72420 Tanglewood Lane Rancho Mirage, CA 92270 + �f f t II� .K: -� �. rr � .�"�,,r• " ^i '.-:.,,,, - - a J;sk YL,.' hi � � J t d jr - - 4 .• �� ! St' �r _.1 E -..fir � -�� -- _ -"* syt i-''h 1,#'` ,t � �\ a✓ ��, y+.�'^'" �� a �,` of a ��4 ,i• + r e it •�,. L ,, l /S�GrY!t� _,a• - ,r � ��''tr'" f �- l.� . FY 1 ..". 'e ;. ��♦. i ii��/* r .-: ;c. :,�. 's-u 7 `' . -v � i .+ �: m _,' rt:�,k•)<'}.�'� Y t' 1�1 p�ira��a� ya,, � 1.,¢-��^S "r � — ti,�� L -t'��' 'ii2 _y ,y ,' Lv s _ �Yi',•,.asl�_��T`,,i.�F�� ,.s�. ��.-..,r+f a��., vr' �.s1�— .. y r •,e ,y. i t rLa"�"�i„ �erb� t iK�s��+ r.^ '1•r ,�� }+! �` � ` - 'F"° „s lis ,.�L .3z• , r y -, ra �. t k'" L% � �... � S�--r `t ytl ~'t. v •'t� F F 'S ! gay- ! Cry T`-.:s.•.•'- >':= ''?<7j �j{�. � k::� j - �t �+�, jr ay.l' d'r� � �-^��r.'�'-. � � ^�•ry ff }i _N � rx�p OPdN+�'.''. (� , s tl• �'�`.� � y �•�ir�,)/�• • .'� .-�"'v--�_... - ® N .'+S _ •. - tL•i�l, S l. y-��'1�_�., '"•t7 Gpr j �;--tir"'"''(� ��,.��,�-irY�S "i`' #�' j _. --- � i_�'.''rit 'i?'`� �` �.. i'. rt'r� X��„�y��d•.,,jr,�ss" !`,`-.. ��,� '.a'�f'r'�s-. , ///t 4 i_- _ �-4�b..4��i�`-. :p. _ t� r�� t ,+rJ�� y ?�id:`JJ}}s,yj��,c�-c „� a 1� ,��s�'`'�v'. ' k. � r,2� r �;� _ •..,,,.- , '.!!• � f d t i7+R'� �._� 4�Y1' ��>✓ kw� y'"-r��'. � Z.T�� ;� ,�"^-..._ . - ..,,-,_ a ; w, - •,...•:.4.:•. - + pt � C.�;� i �� f�4�.+'�.��{7 �;�'a "s-r4-8 ' dst�:i�3' t t.:♦ t! S „�; r Ni, •' w _ ry7�'Y Y�'�.`�•'t+ .� a. `•r +w,+i M �t-.�'�y�,�•' rp :io ''�''!t�(s '.e 1t i .✓ t{ .. Z�.} � tf ',1<"�' t�'1 +>�. C'i>--, xY. r tt >f: .�'+'j � ! v - -�` � '� 1�+s�,,_'r- sip.' +.lt'" T` ,y,.• c.' 1 �a " 4 -. ',: �=�:<y7i'n �J-s`..1��s`''1?'1�'iC�'f�` ... �'`�'YY� `_ Y�hr.-<c=s,.� c ��•; `'f-c.> `• ' .-_.=C.f'J.._ . 5^ �.'•. ROBERT THORNLEY is long past midnight in Cave Creek, and Robert Thornley is conversing with a large chunk of limestone. Thornley, who has been sculpting rock and wood for 20 years, likes to work late into the night. And he never picks up a chisel until he gets to know the rock he'll be carving. The sculpting begins, he says, with the slow process of finding the soul and rhythm in the limestone or alabaster or marble. "Stone and wood are the best teachers I've ever had because they require patience," says Thornley. "If you try to force your ideas onto the stone, the stone will win " It's that level of communion with his material that allows Thornley to reveal inherent works of art within the stone. "When I look at a rough block of limestone or marble I can already see the sculpture," he says. "It's just a matter of getting rid of what's not supposed to be there." The "getting -rid -of -process" takes anywhere from two weeks to three months depending on the size and scope of the piece. It's a creative process that is well -suited to Thornley's open-air studio and sculpture garden in the magnificent desert area north of Scottsdale. Once he's conversed with the stone and began sculpting in earnest'. Thornley will be covered in a fine layer of rock dust for weeks. He prefers natural shape stone to blocks because it's easier to find the grain, color, density and shape. Thornley is intimately involved with his sculp- tures from start to finish. He's logged more than 600,000 miles on his red Chevy truck — his self proclaimed "pride and joy" — criss-crossing the USA to deliver finished pieces and acquire new material. His completed pieces are displayed all over the USA and around the world in Hong Kong, Europe and Canada. On the way home he'll stop any number of places to get new blocks of stone that weigh as much as 4.5 tons. Limestone normally comes from Indiana, Texas and Oklahoma and New Mexico; marble from Colorado or Nevada. Limestone from Texas quarries lends itself to the gentle female . forms with its subdued color and congruous grain. For a more bold and formal statement, Thornley prefers the golden -veined white marble from, ironically, Marble, Colorado. Thornley's artistic career spans 30 years as he progressed from commercial sign painter to wood relief carving and finally stone. His sculpting career officially began in 1978 when the First National Bank in Casper, Wyoming commissioned him to carve a pictorial relief in wood on their interior walls. The carvings remain to this day. All of Thornley's sculpture is rich in detail. His earliest wood carvings often depicted Western themes and the strength of character in Native American warriors and' mountain men. That same strength of character has been invaluable in helpingThornley in,his lifelong battle with alcoholism. "I. started, drinking when I was 12," he says. "By the time I was 25 I realized I was facing a life -and -death decision. I could continue to drink and die or choose life and the talent God has given me." Thornley has been sober now for 13.years. Add all the numbers up and it's hard to believe Thornley is 37-years- old, an age he gives tongue-in-cheek but with no apologies. Thornley has gained international acclaim and won numerous awards for his work including the Best of Show .award in the Beverly Hills Fine Art Show. His works now reside in numerous corporate collections. Finished pieces run from $2,500 to $30,000 and up. He encourages visits to his studio and sculpture garden by saying, "Come walk with me " Robert Thornley Robert Thornley Studio - 6702 East Cave Creek Road - Cave Creek - 602-488-4377 11 0000, •c o� �o 4 c Own AGENDA CATEGORY: OF T COUNCIL/RDA MEETING DATE: JANUARY 18, 2005 ITEM TITLE: Demand Register Dated January 18, 2005 BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING RECOMMENDATION: Approve Demand Register Dated January 18, 2005 BACKGROUND: Prepaid Warrants: 61794 - 618261 225,460.97 61827 - 618511 150,623.20 61852 - 618541 70,000.00 Voids} (45,431.04) Wire Transfers} 153,528.98 P/R 32502 - 325261 139,186.71 P/R Tax Transfers) 3%326.76 Payable Warrants: 61855 - 61978) 254525401.32 $391855096.90 FISCAL IMPLICATIONS: Demand of Cash - City $31037,486.03 Demand of Cash - RDA $147,610.87 M. Falconer, Finance Director II CITY OF LA QUINTA BANK TRANSACTIONS 12/30/04 - 1/12/05 12 /30/04 WIRE TRANSFER - PERS $13,637.59 12 /30/04 WIRE TRANSFER - PERS HEALTH INSURANCE $51,891.39 1 /07/05 WIRE TRANSFER - VISTA DUNES $26,000.00 1 /12/04 WIRE TRANSFER - VISTA DUNES $30,000.00 1 /12/04 WIRE TRANSFER - VISTA DUNES $32,000.00 TOTAL WIRE TRANSFERS OUT $153,528.98 13 2 c- ti r.- 1 1 O %0 1 1 \ I Y J I to 1 uQ 1 Cl 1 W H I 0 1 m 0 1 LU N ce I u F- I t9 W 1 I Q to i I O Z I I ►� I I W W I I IL O 1 1 01 1 "% I (9 W 1 I- z I ►+ 1 � Q I Z I W I � I QCC I O I \I u I W u I v l u to l Q I Z H I I Q G I i F I 1 H LL I I ►i O I I Z I 1 W I- I OC W I I Z 1 I 1 I 1 I 1 I 1 I 1 I 1 I OC 1 W 1 m I I- E I Z Z 1 O 1 1 V Y 1 u z I al Q I m I m 1 I cc 1 W 1 N 1 H 1 U) 1 W 09 Y 1 c.� 1 W W I H 2 1 Q u 1 0 I W I J I m 1 Q I >- I O O Q I •Z CL I IL 1 N 1 1-- 1 Z 1 � 1 W 0 1 = O u 1 V Z u 1 Q 1 0 I > I I 1 I 1 1 1 1 1 1 1 I Q 1 NO ►+ I aC in z I O W .t OY I ZQ O LL Z I W z •-+ Q i > O J m 1 u O 1 0 I Ln o aa1 o t- LL 1 N J Z 1 \%OHH 1 tY N.tmJ 1 O �MC3J I o0 \E W 1 Z Z � (D =I I W O J I > G �• 1 W f ta. 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CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1 /1 /86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I herby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. Respectfully submitted, M. Falconer, rinance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Treasurer's Report, City of La Quinta 58 2 ATTACHMENT 1 MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for November 30,2004 DATE: December 27, 2004 Attached is the Treasurer's Report for the month ending November 30, 2004. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. The following table summarizes the changes in investment types for the month: Investment Beginning Purchased Notes Sold/Matured Other Ending Change Cash (3) $ 639,205 $ 481,011 (1) $1,120,216 $481,011 LAW 9,673,572 5W'000 (800,000) 9,373,572 (300,000) US Treasuries (2) 122,653,488 126,672 122,780,160 126,672 US Gov't Agencies (2) 27,347,457 - (15,928) 27,331,529 (15,928) Commercial Paper (2) - 0 0 Corporate Notes - 0 0 Mutual Funds 7,428,469 1 1 399 377 6,029,092 (1,399,377) Total $ 167 742 191 1 $ 981,0 a 2,199 377 $ 110,744 $ 166 634,569 $ 1 107,622 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. 1 2—L? Zoo "J John M. Falconer Date Finance Director/Treasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. (3) The cash account may reflect a negative balance. This negative balance will be offset with transfers from other investments before warrants are presented for payment by the payee at the bank. �9 3 H z LY W Z G O x L— PJ E E E m E m E O Z Z Z Z Z Z Z Z W QQ Q En CL 1-0 O a a �' a g ° �w co o o U tiLL cyo ° > e 10 LO W W ' N y edit cm yy cco O C N N o p� S CV)7 V eg N 7 y CMt0 1t�0 LD L cc Q m Cp �.N C � 50000 �OOCO S � �O 8 O S,►� � � � $ c o E WN�AHO f v v W E 0:40 Go � 25 25 g $17 � g gi'i S m 5Z�5 52�5 �c \ Z Q 'I LO ai vNv V p yy oQ OQ QQ ' y V��Vp� M •p T 8 p 6 a0 p T T C p� rwEc O O Oe�OO�M t0 � to Cl f9 1� O M O O o S 5�� p LO aE N N a Z (n � O f'1 Sg NM M z O $Qp S r- Ci r- Z LLg LO CD (MQ a S CMO tMD 8 p O LL y7 a CQ2 m C COO C t0 1- aR OMOO�cM7 — to 1, to O; f/!gg$$*0 pRO888O808u 800000 N C to N M pp c� CO Z NaR X op M a� 00000 C m �L � .o >`O m M C Z �m C ax LL �°E c?LL H m E C a LLEE tl1 p >-2U. CD 0 m 'R T cI � .e 1° `o $ 0 LS 3 U L''a Z g 2lz�I � g1 w N m8 2� cc .. a € � m m !� tp J J v O l6 m E. m E m ZU > H " a CZxU-x m m (cc m H cc C9 O e 1 2 E Z U C >. C m 0 32 0 ~ Lam U > '�'� = 3 C7 LL U. L� Li U m 1tm6 toJ O � a U '� a �oeeR� CD mNt c N C C49 C C m aiiaCT www_ w w w F- 60 4 61 640 .r 0 Q rn c c c� c ii > >0, Q aci c Q 0 E Ea C c o N C�'1oa�M > ` 4)0 cEME U to U Z P O cM to NI-O)O Q Q ti0O)M—T- N d Z Z a ccoo ccoo �9 40 m }, Z Z }, 0 0 Q N Q Z N Z rm,. N N G G c. o 0 t7 M M V M d coa m V co M a t_ c c �= N C r a L a c rn U c rn t ca o CL o ada �c as W cm o +' N N N N U ~ t N U ~ vn vi cm c �a t C� 0 ccv rn rn m c cLi .r U m� -p U 0eo u a v my lu m Z i Z t� U N M.o .c y Ua «�+ U0 mma'oE c �o c •� Z +� C cm cm N •E ii. � co 6 Im ii C W W N Cl) N rm N c Cl) N �� '� t V m� V mw(D(D W E E 'v c E cU �-c E cU U_ o �� 0c>row a mY 1 �— 0 0.19 � ca— E� 0 N c lE0 t :3 C j czc.)� Min czL) �E°- �a2L--I ANA u. 0 ��pp ��pp N �!f M �p P9 A �a�p$ N m'' O m CJ�app��ppt0!��p�ONOf8O�NepO� tp IA�� e-i0 Ip �� O O Iff N �A O eD f� 1A e+f 1�l 1� O CO 1t l'9 Y'f �[f 1� iD NN��ppQOMOf��-N�tDQ OftO�j pI� r-W �Amso Mppr Of NO V tpaccW) NOCOD.�N �co ( p tNO� �t�pCpEDf^71� O5�p N N 81 12 � 3 >-ONN OtD Z y y N y N y N M MONK Q> Go000elcm ` N° Of� A- oM r-� �N�j�� w� N M CD s 0 0 C N �CO o � o r- pN eCl 't ��tllaDtO ��C7N� ONfOf �MOiNN 1.O N N M ti I Rt Y N L aco �NW—c4 $� oar y N y W LL LL C Il , ` 'A C (q D U. FA so LL U.�LL o EIS Cw s m -� w as m� m `0 t�� • W�y C my O I cu0�od�v�`c�aw�a�v�� 64 Cry of La Quo" A ,- mass of Actual and Bupls Funks City, Redadepn ent AM" and Finrroi V Aut-Ily Nave do 30. 2004 belmoe cfA" Fmdl 188.8;i/ Less Pert' eaaln Fnande (1000) Lees Namiuprr Funds (803876) BaWead Suralue Funds f1 chy Cash i Inweotwto Brit Aeon" Naabs - A Two 1110111111 Wars Fargo-Denwid No Chedit f 1.102,428 Fully Cash - Dunn NO WA 1,000 Wells F - Den and Yes Chodft 16,786 Total - Bank Aoeaunls ! 1,120 /6 U. S. Treasury Anwrimmed Custodian - Availability rt v Bank of New York - Denwk Yes U.S. Treasuy Nets 4,9e7.892 Banc of Now York - Dnnerk Yes U.S. Treasury NOW 4,972.396 Bards of New York - Dennark Yes U.S. Treasury Note 5,006,128 Bank of New York - Daewk yes U.S. Treasury Note 3,906,313 Banc of New York - Demand Yes U.S. Treasury Now 5,010.190 Barge of New York - Demwk Yes U.S. Treasury NOW 4.987,602 Bank of Now York - Demadnd Yes U.S. Treasury Nobs 3.970,750 Bank York - Oarnarnd Yes U.S. Treasury Note S 002 635 Taal • U.S. Trees 37,923.876 U.S. Govemmard Seam bes Custodian - Availability Surom Issua/i Anwtaad Vale Banc of New York - Demand Yes FARM CREDIT 5.022.108 Bank of Now York - Darrwrd Yes FHLB 2,001.941 Bank of NOW York - Demand Yes FHLB 2.007.029 Banc of New Yak - Damrk Yes FHLS 2.370,855 Bank of Now Vale - Demrk Yes FHLB 1.006055 Bank of Now Yak - Demand Yes FNMA -Discount 4.993.526 Bank of New Yak - Demand Yes FraddieMat 7.506,020 Ben* d New York • Damsrk Yes FreddieMae - Discount 2 423195 ToW - U.S. GovemmOnt Securities 27.331.529 Local ApMOy Investinent Fund None - Availability Surplus Tym Book LAW - Cry - Demand Yu Subs Pool 6.799.636 LAIF - RDA. Demand Yes Sine Pool 3,573,936 Total - State Pool 1 9,373.572 Total CRy InveatmrMs Total City Cash i Investments flsW Agent Investmants su"m YU Ad Yes f f 18 786 1 788 ! 16,766 S f 16,706 Su *n Yes Ad Surplus Yes 4,967,810 4.967 662 4,972.396 4.972.306 5.006.128 5,006,128 3,966.313 ' 3.996.313 51010.190 "10.190 4.987.602 4,987AW 3.970.750 3,970.750 5 002 635 002 635 37MB78 37,923,876 Su ius Yu A4 Surplus Yes 5,022.108 5.022,100 2,001,941 201,941 2,007,029 2.007,029 2,370.855 2,370,855 1,006,855 1.006,855 4.993,526 4,993.526 7,W6,020 7.506.020 2423195 2423195 su A su9Mus N NO f 1.102.426 f (298.ffi2) f 803.878 1.000 1 000 $1 1 428 6 296. am e76 AN Funds Yes 0.6723c ee/e/x AN OWO S"Mn AasNI Yes 22.7587% 122.8e92% Surplus Surplus I AN Funds Surplus No Ad No Actual % yes 27,331.S29 27.331,529 16.4021% 16.4817% Surplus Surpkn . AN Funds Sun" No Ad No Actual % Yes _I 5.8252% 6.8326% 74628!77 74.9n.977 1 294652 1 74.9V,5291 I 1 144.711111110% 1 4111LIE 75,718,1l3I 74,645,M 1 298,5621 74,944,3171 1 1.103,42e 29111, W4.11171111 1 45.41114M 46.1938x PW"* - Cry invesumnimm I Amoniad Custodian - Avg'Avgqft Issuerfroe Value 2002 RDA U.S. Bank-CIP Yes U.S.Treasury Bin 27,970.823 2003 Taxable RDA U.S. Bank -CIP Yes U.S.Treuury Bill 1.997,362 2004 Finance Authority -CIP Yes U.S.Tressury Big 9.934.983 2004 Finance Aulhorry -C P Yes U.S.Tnssuy Big 44,953,116 Yes Total - U.S. Treasury 84,856.284 Portfolio - Mutual Fuels Trust" -Av S Morey Mensal Fund Book Value Civic Canter U.S.Barnk -Project YES 1st Armancan Civic Caller U.S.8" - Debt Svc YES 1st American 21 1994 RDA U.S. Bart*•Debt Svc YES 1 st Arms iean 1995 RDA U.S.Bw* - CIP YES 1st Amenean i N95 RDA U.S.Bank - Special Fund YES 1 at Aunriean 20D4 Fin Auh -1995 US Bank - Escrow YES i at Annencen 100 1996 RDA U.S.Bank - CIP YES 1 st American 1996 ROA U.S.Bank - Dbt Svc YES 1st Amrican 1998 RDA U.S.Bank - Spacial Fund YES 1 st Anwk an 1998 RDA U.S.Banc - CIP YES 1 at AnwwAn 2001 RDA U.S. Bank - Dbt Svc YES 1 st Anwcw 2001RDA US. Bank -CIP YES 1stAnerwan 2002 RDA U.S. Bank - Dbt Svc YES 1 at Annencen 2002 RDA U.S. Banc - CIP YES 1st Anwican 1,500.364 2003 Taxable RDA U.S. Bank - DS YES 1 at Amencen 2003 Taxable RDA U. S. Bank -COI YES 1st Amancan 2003 Taxable RDA U. S. Banc-CIP YES 1st Anw scan 1.364,326 2004 Fin Aulh US Bank -CIP YES 1st Anencan 3.169,237 2004 Fin Auth US Bank -COI YES 1st Anwiun 5,044 Subtotal - Mutual Fund i i i 6.029.092 Total Fiscal Agent Investments Grand Total Surplus Suplus Yes Ad' Yes 5,799.636 298 552 6,098.188 3.573 936 3 573936. 99373,572 298,552 1 9.672.124 Surplus Surplus Yes Ad' Yes 27,970,923 27.970.823 1.997,362 1.997,362 9,934.983 9,934.983 44,953.116 44.953,116 $4.856.284 84,856,284 Surplus Yes Adj Surplus Yes 21 21 100 100 1.500,364 1,5W,364 1,354.326 1.354,326 3.169.237 3,169.237 5,044 5,044 6,029,092 6,029,092 Surplus Surplus All Funds Supkn No A ' No Auwual % Yes 50.923e% I51.1707% Surplus No Ach Surplus No AN Funds Sw" AgWI % Yoe' 3.61M I36357% 90,686 3761 90.885,376 90, 376 1 1 1 154.6417%184 8188% 1ti6,634,569 165.531141 1 296.552 I 1 621,993 1,10342! 1 (211,111,501 W4,8791 1100MOIN10111.00OW 6.5 9 to Md �M� �ccooMtogTin p M o► O ^ N ttl H N M 1`h0q'N °. 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C C .m .m H as t0 .Q E W W _ •— 0 > N ,N CY ` z° t0 O t C C Q Q g O9� I it C� cc lost dV t O C� N o o o 0 >+ L c c) cLO 73 c�i Ci IUGDJad •- ' o 0 12 CITY CITY RDA RDA FA FIXED LONG TERM FIXED LONG TERM FINANCING LONG TERM GRAND CITY ASSETS DEBT RDA ASSETS DEBT AUTHORITY DEBT TOTAL CITY OF LA OUINTA BALANCE SHEET 11130104 ASSETS: POOLED CASH (17,799,810.11) 0.00 0.00 27,610,714.13 0.00 0.00 3.095.61 0.00 9.813,999.63 LORP INVESTMENT IN POOLED CASH 0.00 0.00 0.00 662,000.00 0.00 0.00 0.00 0.00 662.000.00 INVESTMENT T-BILLINOTES & OTHER 65.331.000.00 0.00 0.00 85.000,000.00 0.00 0.00 0.00 0.00 150.331,000.00 'AUTO MALL CASH 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 LORP CASH 0.00 0.00 0.00 16.788.18 0.00 0.00 0.00 0.00 16.786.18 BOND REDEMPTION CASH 0.00 0.00 0.00 100.55 0.00 0.00 21.40 0.00 121.95 BOND RESERVE CASH 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 BOND PROJECT CASH 0.00 0.00 0.00 6.023,927.12 0.00 0.00 5.043.50 0.00 6,028,970.62 BOND ESCROW CASH 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PETTY CASH 1,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.000.00 CASH & INVESTMENT TOTAL 47,532,189.89 0.00 0.00 119,313,529.96 0.00 0.00 8,160.51 0.00 186,853, .38 INVESTMENT IN LAND HELD FOR RESALE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ACCOUNTS RECEIVABLE 155,165.93 0.00 0.00 60,900.00 0.00 0.00 0.00 0.00 216,055.93 PREMIUM/DISCOUNT ON INVESTMENT (75.596.41) 0.00 0.00 (143.715.45) 0.00 0.00 0.00 0.00 (219,311.06) LORP-ACCOUNTS RECEIVABLE 0.00 0.00 0.00 85,493.59 0.00 0.00 0.00 0.00 85.493.59 INTEREST RECEIVABLE (7,531.25) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (7.531.25) LOANINOTES RECEIVABLE 0.00 0.00 0.00 12.741.527.47 0.00 0.00 90.000.000.00 0.00 102.741,527.47 DUE FROM OTHER AGENCIES 3,815.311.75 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3.815,311.75 DUE FROM OTHER AGENCIES-CVAG 879,096.69 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $79,096.69 CVAG ALLOWANCE (879.096.69) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (879.096.69) DUE FROM OTHER GOVERNMENTS 14.033.81 0.00 0.00 0.00 0.00 0.00 0.00 0.00 14,033.81 DUE FROM OTHER FUNDS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 ADVANCES TO OTHER FUNDS - PRINCIPAL 21,422,880.21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 21,422.880.21 ADVANCES TO OTHER FUNDS - INTEREST 8,189.822.42 0.00 0.00 5,346,878.26 0.00 0.00 0.00 0.00 13,536.700.66 ADVANCES TO OTHER FUNDS . 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NSF CHECKS RECEIVABLE 1.964.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,964.00 ACCRUED REVENUE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 FIXED ASSETS 14.378,415.00 376.066.301.00 0.00 0.00 69;200,415.00 0.00 0.00 0.00 459,645,131.00 ACCUMULATED DEPRECIATION (2,523,432.00) (58,159,116.00) 0.00 0.00 (234.000.00) 0.00 0.00 0.00 (60,916,548.00) TRAVEL ADVANCES 1.472.40 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.472.40 EMPLOYEE ADVANCES 13,015.70 0.00 0.00 0.00 0.00 0.00 0.00 0.00 13.015.70 PREPAID EXPENSES 527,461.87 0.00 0,00 0.00 0.00 0.00 0.00 0.00 527,461.87 RECEIVABLE TOTAL 45.912,983.43 317,907,185.00 0.00 18,091,083.87 68.966,415.00 0.00 90,000.000.00 0.00 540,877,667.30 0.00 0.00 0.00 WORKER COMPENSATION DEPOSIT 240,955.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 240.955.00 RENT DEPOSITS 4.830.00 0.00 0.00 0.00 0.00 0.00 0 w 0.00 4,830.00 UTILITY DEPOSITS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 MISC. DEPOSITS 1,073.21 0.00 0.00 (540.00) 0.00 0.00 0.00 10.00 533.21 DEPOSITS TOTAL 246,858.21 0.00 0.00 (540.00) 0.00 0.00 0.00 0.00 246,318.21 GENERAL FIXED ASSETS 0.00 0.00 0.00 0.00 0.00 0.00 0900 0.00 0.00 ACCUMULATED DEPRECIATION 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AMOUNT AVAILABLE TO RETIRE LIT DEBT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AMOUNT TO BE PROVIDED FOR LIT DEBT 0.00 0.00 1,970,552.85 0.00 0.00 247,549.965.00 0.00 94,814,343.00 344.334,860.85 TOTAL OTHER ASSETS 0.00 0.00 1,970,552.85 0.00 0.00 247,549,965.00 0.00 94,814,343.00 344.334,880.85 TOTAL ASSETS 93,692.031.53 317.907 185.00 1,970,552.85 137 404.073.85 68 966,415.00 247,549,965.00 90 000,160.51 94,8149343,00 1.052,312,726,74 LIABILITIES: ACCOUNTS PAYABLE 713,980.59 0.00 0.00 24,774.77 0.00 0.00 0.00 0.00 738.755.36 DUE TO OTHER AGENCIES 152,195.95 0.00 0.00 0.00 0.00 0.00 0.00 0.00 152,195.95 DUE TO OTHER FUNDS 0.00 0.00 0.00 0.00 0:00 0.00 0.00 0.00 0.00 ADVANCES FROM OTHER FUNDS - PRINCIPAL 5,372,208.26 0.00 0.00 21,397,550.21 0.00 0.00 0.00 0.00 26,769.758.47 ADVANCES FROM OTHER FUNDS - INTEREST 0.00 0.00 0.00 8,189,823.52 0.00 0.00 0.00 0.00 8.189.823.52 INTEREST PAYABLE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 RETENTION PAYABLE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAYROLL LIABILITIES 190,807.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 190,807.00 STRONG MOTION INSTRUMENTS 5,993.29 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5.993.29 FRINGE TOED LIZARD FEES 4,688.87 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4.688.87 SUSPENSE 126.20 0.00 0.00 0.00 0.00 0.00 0.00 0.00 126.20 DUE TO THE CITY OF LA QUINTA 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAYABLES TOTAL 6,440,000.16 0.00 0.00 29.612.148.50 0.00 0.00 0.00 0.00 36.052.148.66 ENGINEERING TRUST DEPOSITS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SO. COAST AIR QUALITY DEPOSITS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 LORP DEPOSITS 0.00 0.00 0.00 18,664.00 0.00 0.00 0.00 0.00 18,664.00 DEVELOPER DEPOSITS 1,492.823.10 0.00 0.00 2.835.00 0.00 0.00 0.00 0.00 1.495,658.10 MISC. DEPOSITS 647,154.64 0.00 0.00 25.000.00 0.00 0.00 0.00 0.00 672,154.64 AGENCY FUND DEPOSITS 876.382.13 0.00 0.00 0.00 0.00 0.00 0.00 0.00 876,382.13 TOTAL DEPOSITS 3,016.359.87 0.00 0.00 46,499.00 0.00 0.00 0.00 0.00 3.062,858.87 DEFERRED REVENUE 3.767.177.88 0.00 0.00 10.618.101.84 0.00 0.00 90.000,000.00 0.00 104,385279.72 OTHER LIABILITIES TOTAL 3,767,177.88 0.00 0.00 10.618,101.84 0.00 0.00 90,000.000.00 0.00 104,385.279.72 COMPENSATED ABSENCES PAYABLE 0.00 6.00 531,553.26 0.00 0.00 0.00 0.00 0.00 531.553.26 DEVELOPER AGREEMENT 0.00 0.00 1.010,688.59 0.00 0.00 0.00 0.00 0.00 1.010.668.59 DUE TO THE CITY OF LA QUINTA 0.00 0.00 428.311.00 0.00 0.00 0.00 0.00 0.00 428,311.00 DUE TO COUNTY OF RIVERSIDE 0.00 0.00 0.00 0.00 0.00 2,050,000.00 0.00 0.00 2.050.000.00 DUE TO C.V. UNIFIED SCHOOL DIST. 0.00 0.00 0.00 0.00 0.00 6.667.336.00 0.00 0.00 6.667.336.00 DUE TO DESERT SANDS SCHOOL DIST. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 LOANS PAYABLE 0.00 0.00 0.00 0.00 0.00 90.000,000.00 0.00 0.00 90.000.000.00. BONDS PAYABLE 0.00 0.00 0.00 0.00 0.00 148,832,629.00 0.00 94,814,343 00 243 646 972 00 TOTAL LONG TERM DEBT 0.00 0.00 1.970,552.85 0.00 0.00 247,549,965.00 0.00 94,814.343.00 344,334.860.85 TOTAL LIABILITIES 13,223,537.91 0.00 1.970,552.85 40.276,749.34 0.00 247,549,965.00 90,000,000.00 94,814,343.00- 487,835,148.10 EQUITY -FUND BALANCE 80.468,493.62 317.907,185.00 0.00 97,127,324.51 68,966.415.00 0.00 8,160.51 0.00 SW,477,578.64 TOTAL LIABILITY & EQUITY 931692,031.53 317,907.185.00 1,970,552.85 137,404,073.85 68,966,415.00 247.549,965.00 90,008,160.51 94,814,343.00 1,052,312,726.74 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CASH & INVESTMENT TOTAL 166.853,880.38 PREMIUM/DISCOUNT ON INVESTMENT (219,311.86) TOTAL 166,634,568.52 69 13 4 .fpQ�rw COUNCIL/RDA MEETING DATE: January 18, 2005 ITEM TITLE: Transmittal of Revenue and Expenditure Report for November 30, 2004 and Investment Summary Report for the Quarter Ending December 31, 2004 RECOMMENDATION: Receive and File FISCAL IMPLICATIONS: None. CHARTER CITY IM PUCATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Transmittal of the November 30, 2004 Statement of Revenue and Expenditures and Investment Summary Report for the Quarter Ending December 31, 2004 for the City of La Quinta. Respectfully submitted, John M. Falconer, Finance Director 70 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Revenue and Expenditure Report, November 30, 2004 2. Investment Summary Report for the Quarter Ending December 31, 2004 71 2 CITY OF LA QUINTA REVENUES - ALL FUNDS 07/01/2004-11130104 FUNDS BUDGET RECEIVED X RECEIVED General $23,505,450.00 $7,525,802.74 32.00% Library 649,500.00 0.00 0.00% Gas Tax Revenue 622,200.00 270,066.33 43.40% Federal Assistance 340,355.00 0.00 0.00% Urban Forestry 1,100.00 0.00 0.00% Slesf (Cops) Revenue 100,000.00 100,000.00 100.00% Local Law Enforcement 0.00 0.00 0.00% Indian Gaming 177,250.00 177,250.00 100.00% Lighting & Landscaping 825,800.00 37,187.32 4.50% RCTC 411,644.00 0.00 0.00% Quimby 153,900.00 0.00 0.00% Infrastructure 15,600.00 0.00 0.00% Village Parking 0.00 0.00 0.00% South Coast Air Quality 36,415.00 139,599.59 383.40% Cmaq/lstea 553,785.00 0.00 0.00% Transportation 758,700.00 875,186.31 115.40% Parks & Recreation 251,000.00 292,320.00 116.50% Civic Center 192,500.00 217,372.23 112.90% Library Development 112,500.00 131,038.00 116.50% Community Center 59,200.00 56,100.00 94.80% Street Facility 11,700.00 11,923.65 101.90% Park Facility 3,000.00 2,923.00 97.40% Fire Protection Facility 32,100.00 62,211.70 193.80% Library Development (County) Facility 190,963.00 0.00 0.00% Arts In Public Places 98,600.00 89,199.67 90.50% Interest Allocation 0.00 241,799.29 0.00% Capital Improvement 79,773,087.00 13,760,226.40 17.20% Assessment District 2000-1 6,000.00 0.00 0.00% Equipment Replacement 285,837.00 328,160.35 114.80% Information Technology 413,111.00 416,568.00 100.80% Park Equipment & Facility 250,000.00 10,972,711.00 4389.10% SilverRock Golf 2,656,306.00 158.79 0.00% LQ Public Safety Officer 2,100.00 2,000.00 95.20% La Quinta Financing Authority 3,681,249.00 1,267,991.69 34.40% RDA Project Area No. 1 34,962,847.00 1,723,873.83 4.90% RDA Project Area No. 2 27,554,151.00 1,820,689.10 6.60% Total 1 $178 687 950.00 1 $40 522 358.99 1 2.70% CITY OF LA QUINTA EXPENDITURES - ALL FUNDS 07/01/2004-11130104 FUNDS BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET PERCENT General $24,479,601.00 $6,597,651.58 $28,972.63 $17,852,976.79 27.0% Library 1,216,501.00 0.00 0.00 1,216,501.00 0.0% Gas Tax 861,781.00 267,511.99 0.00 594,269.01 31.0% Federal Assistance 509,535.00 7,236.87 0.00 502,298.13 1.4% Urban Forestry 0.00 0.00 0.00 0.00 0.0% Slesf (Cops) Revenue 100,000.00 0.00 0.00 100,000.00 0.0% Local Law Enforcement 0.00 0.00 0.00 0.00 0.0% Indian Gaming 177,250.00 0.00 0.00 177,250.00 0.0% Lighting & Landscaping 825,800.00 344,083.31 0.00 481,716.69 41.7% RCTC 2,056,829.00 0.00 0.00 2,056,829.00 0.0% Quimby 547,871.00 113,447.22 0.00 434,423.78 20.7% Infrastructure 1,140,356.00 487,892.37 0.00 652,463.63 42.8% Village Parking (1,893.00) 0.00 0.00 (1,893.00) 0.0% South Coast Air Quality 100,064.00 3,197.53 0.00 96,866.47 3.2% Cmaq/Istea 553,785.00 0.00 0.00 553,785.00 0.0% Transportation 4,052,084.00 66,920.55 0.00 3,985,163.45 1.7% Parks & Recreation 214,814.00 10,720.28 0.00 204,093.72 5.0% Civic Center 3,486,090.00 150,670.61 0.00 3,335,419.39 4.3% Library Development 3,746,450.00 1,114,705.05 0.00 2,631,744.95 29.8% Community Center 0.00 0.00 0.00 0.00 0.0% Street Facility 0.00 0.00 0.00 0.00 0.0% Park Facility 0.00 0.00 0.00 0.00 0.0% Fire Protection 0.00 0.00 0.00 0.00 0.0% Library County DIF 590,863.00 0.00 0.00 590,863.00 0.0% Arts In Public Places 708,356.00 22,658.50 0.00 685,697.50 3.2% Interest Allocation 0.00 0.00 0.00 0.00 0.0% Capital Improvement 79,773,087.00 13,760,226.40 47,758.00 65,965,102.60 17.2% Proposed Assessment District 142,507.00 0.00 0.00 142,507.00 0.0% Equipment Replacement 1,062,339.00 60,989.67 0.00 1,001,349.33 5.7% Information Technology 590,351.00 90,272.72 26.94 500,051.34 15.3% Park Maintenance Facility 0.00 0.00 0.00 0.00 0.0% SilverRock Golf 2,277,686.00 84,862.29 0.00 2,192,823.71 3.7% Lq Public Safety Officer 2,000.00 0.00 0.00 2,000.00 0.0% La Quinta Financing Authority 3,735,955.00 1,319,883.62 0.00 2,416,071.38 35.3% RDA Project Area No. 1 82,436,888.00 18,539,362.02 0.00 63,897,525.98 22.5% RDA Project Area No. 2 30,198,585.00 4,306,555.88 0.00 25,892,029.12 14.3% Total 245,685,535.00 7,348,848.46 $76,757.57 198,159,928.97 19.3% 73 4 07/01/2004-11130104 CITY OF LA GUINTA GENERAL FUND REVENUES DETAIL TAXES: Property Tax No Low Property Tax Distribution Sales Tax Sales Tax Reimbursement Document Transfer Tax Transient Occupancy Tax Mitigation Measures Franchise Tax TOTAL TAXES LICENSE & PERMITS: Business License Animal License Building Permits Plumbing Permits Mechanical Permits Electrical Permits Garage Sale Permits Misc. Permits TOTAL LICENSES & PERMITS FEES: Sale of Maps & Publications Community Services Fees Bldg & Safety Fees Community Development Fees Public Works Fees TOTAL FEES INTERGOVERNMENTAL Motor Vehicle In -Lieu Motor Vehicle Code Fines Parking Violations Misc. Fines AB939 County of Riverside Grant State of California Grant Fire servicesCredit CSA152 Assessment TOTAL INTERGOVERNMENTAL INTEREST MISCELLANEOUS Miscellaneous Revenue Litigation settlement Cash Over/(Short) TOTAL MISCELLANEOUS TRANSFER IN TOTAL GENERAL FUND REMAINING BUDGET RECEIVED BUDGET 743,400.00 57,390.32 686,009.68 1,233,100.00 98,924.64 1,134,175.36 4,072,200.00 1,669,414.81 2,402,785.19 1,334,500.00 0.00 1,334,500.00 539,700.00 407,165.28 132,534.72 4,030,300.00 732,287.90 3,298,012.10 0.00 210,000.00 (210,000.00) 797,800.00 288,647.81 509,152.19 12,751,000.00 3,463,830.76 9,287,169.24 202,500.00 93,268.60 109,231.40 15,400.00 4,922.00 10,478.00 493,800.00 1,170,079.20 (676,279.20) 84,400.00 154,673.49 (70,273.49) 43,100.00 85,880.77 (42,780.77) 85,000.00 130,684.12 (45,684.12) 5,000.00 7,120.00 (2,120.00) 42,200.00 107,805.95 (65,605.95) 971,400.00 1,754,434.13 (783,034.13) 4,400.00 6,723.79 (2,323.79) 191,300.00 93,421.27 97,878.73 471,000.00 140,109.48 330,890.52 222,400.00 94,215.00 128,185.00 584,400.00 477,066.37 107,333.63 1,473,500.00 811,535.91 661,964.09 1,455,300.00 210,975.91 1,244,324.09 77,500.00 21,335.20 56,164.80 41,900.00 10,191.00 31,709.00 31,609.00 23,079.21 8,529.79 182,100.00 0.00 182,100.00 0.00 0.00 8,451.00 46,270.22 (37,819.22) 3,748,040.00 0.00 3,748,040.00 175,000.00 174,158.19 841.81 5,719,900.00 486,009.73 5,233,890.27 2,265,300.00 1,005,140.00 1,260,160.00 17,100.00 4,865.40 12,234.60 0.00 0.00 0.00 0.00 (13.19) 13.19 17,100.00 4,852.21 12,247.79 307,250.00 0.00 307,250.00 23,505,450.00 7,525,802.74 15,979,647.26 74 5 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL LIBRARY: County of Riverside Contributions Interest TOTAL LIBRARY GAS TAX REVENUE: Section 2105 Section 2106 Section 2107 Section 2107.5 Traffic Congestion Relief Interest TOTAL GAS TAX FEDERAL ASSISTANCE REVENUE: CDBG Grant Interest TOTAL FEDERAL ASSISTANCE URBAN FORESTRY Grant Revenue Interest TOTAL URBAN FORESTRY SLESF (COPS) REVENUE: SLESF (Cops) Funding Interest TOTAL SLESF (COPS) LOCAL LAW ENFORCEMENT BLOCK GRANT REVENUE: LLEBG Funding Interest Transfer in TOTAL LLEBG INDIAN GAMING Charges for services Interest TOTAL INDIAN GAMING LIGHTING & LANDSCAPING REVENUE: Assessment Developer Interest TOTAL LIGHTING & LANDSCAPING RCTC RCTC Funding Transfer in TOTAL RCTC QUIMBY REVENUE: Quimby Fees Interest TOTAL QUIMBY INFRASTRUCTURE REVENUE: Infrastructure Fee Interest Transfer in TOTAL INFRASTRUCTURE VILLAGE PARKING REVENUE: Interest TOTAL VILLAGE PARKING REMAINING BUDGET RECEIVED BUDGET 649,500.00 0.00 649,500.00 0.00 0.00 0.00 0.00 0.00 0.00 649,500.00 0.00 649,500.00 193,100.00 86,495.15 106,604.85 137,900.00 61,697.53 76,202.47 256,900.00 115,873.65 141,026.35 6,000.00 6,000.00 0.00 20,700.00 0.00 20,700.00 7,600.00 0.00 7,600.00 622,200.00 270,066.33 352,133.67 340,355.00 0.00 340,355.00 0.00 0.00 0.00 340,355.00 0.00 340,355.00 1,100.00 0.00 1,100.00 0.00 0.00 0.00 1,100.00 0.00 1,100.00 100,000.00 100,000.00 0.00 0.00 0.00 0.00 100,000.00 100,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 177,250.00 177,250.00 0.00 0.00 0.00 0.00 177,250.00 177,250.00 0.00 825,800.00 37,187.32 788,612.68 0.00 0.00 0.00 0.00 0.00 0.00 825,800.00 37,187.32 788,612.68 411,644.00 0.00 411,644.00 0.00 0.00 0.00 411,644.00 0.00 411,64TW 150,000.00 0.00 150,000.00 3,900.00 0.00 3,900.00 153,900.00 0.00 0.00 15,600.00 0.00 15,600.00 0.00 0.00 0.00 15,600.00 0.00 15,600.00 0.00 0.00 0.00 0.00 0.00 0.00 r J 6 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution MSRC Funding Street Sweeping Grant Interest TOTAL SCAQ CMAQ/ISTEA CMAQ/ISTEA Grant Interest TOTAL CMAQ/ISTEA TRANSPORTATION Developer fees Interest Transfer in TOTAL TRANSPORTATION PARKS 3 RECREATION Developer fees Interest Transfer in TOTAL PARKS & RECREATION CIVIC CENTER Developer fees Interest Transfer in TOTAL CIVIC CENTER LIBRARY DEVELOPMENT Developer fees Interest Transfer in TOTAL LIBRARY DEVELOPMENT COMMUNITY CENTER Developer fees Interest TOTAL COMMUNITY CENTER STREET FACILITY PARK FACILITY Developer fees Interest TOTAL STREET FACILITY Developer fees Interest TOTAL PARK FACILITY FIRE PROTECTION FACILITY Developer fees Interest TOTAL FIRE PROTECTION FACILITY LIBRARY DEVELOPMENT (COUNTY) FACILITY Developer fees Interest TOTAL LIBRARY DEV (COUNTY) FACILITY ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places Arts in Public Places Credits Applied Interest TOTAL ARTS IN PUBLIC PLACES INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest Transfer In TOTAL INTEREST ALLOCATION REMAINING BUDGET RECEIVED BUDGET 34,415.00 314.59 34,100.41 0.00 139,285.00 (139,285.00) 0.00 0.00 2,000.00 0.00 2,000.00 36,415.00 139,599.59 (103,184.59) 553,785.00 0.00 553,785.00 0.00 0.00 0.00 553,785.00 0.00 553,785.00 721,400.00 875,186.31 (153,786.31) 37,300.00 0.00 37,300.00 0.00 0.00 0.00 758,700.00 875,186.31 (116,486.31) 251,000.00 292,320.00 (41,320.00) 0.00 0.00 0.00 0.00 0.00 0.00 251,000.00 292,320.00 (41,320.00) 192,500.00 217,372.23 (24,872.23) 0.00 0.00 0.00 0.00 0.00 0.00 192,500.00 217,372.23 (24,872.23) 112,500.00 131,038.00 (18,538.00) 0.00 0.00 0.00 0.00 0.00 0.00 112,500.00 131,038.00 (18,538.00) 48,500.00 56,100.00 (7,600.00) 10,700.00 0.00 10,700.00 59,200.00 56,100.00 3,100.00 9,800.00 11,923.65 (2,123.65) 1,900.00 0.00 1,900.00 11,700.00 11,923.65 (223.65) 2,500.00 2,923.00 (423.00) 500.00 0.00 500.00 3,000.00 2,923.00 77.00 32,100.00 62,211.70 (30,111.70) 0.00 0.00 0.00 32,100.00 62,211.70 (30,111.70) 190,863.00 0.00 190,863.00 100.00 0.00 100.00 190,963.00 0.00 190,963.00 97,500.00 89,199.67 8,300.33 0.00 0.00 0.00 1,100.00 0.00 1,100.00 98,600.00 89,199.67 9,400.33 0.00 241,799.29 (241,799.29) 0.00 0.00 0.00 0.00 241,799.29 (241,799.29) 76 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Surface Transportation Funding City of Indio SB300 Funding RCTC SB821-Bicycle Path Grant State of California APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CIP REVENUE ASSESSMENT DISTRICT 2000-1 Interest Assessment Bond Proceeds Prepayments -sewer assessments Transfer in TOTAL ASSESSMENT DISTRICT EQUIPMENT REPLACEMENT FUND: Equipment Charges Capital Contribution Sale of Fixed Asset Interest Transfers In TOTAL EQUIPMENT REPLACEMENT INFORMATION TECHNOLOGY FUND: Charges for services Capital Contribution Sale of Fixed Asset Interest Transfers In TOTAL INFORMATION TECHNOLOGY PARK EQUIPMENT & FACILITY Charges for services Interest Capital Contributions TOTAL PARK EQUIPMENT & FAC SILVERROCK GOLF Green fees Range fees Merchandise Food & Beverage TOTAL SILVERROCK GOLF LQ PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL LQ PUBLIC SAFETY REMAINING BUDGET RECEIVED BUDGET 6,592,557.00 457,521.37 6,135,035.63 877,462.00 0.00 877,462.00 0.00 0.00 0.00 244,800.00 0.00 244,800.00 43,750.00 0.00 43,750.00 0.00 0.00 0.00 0.00 0.00 0.00 52,887.00 0.00 52,887.00 664,658.00 0.00 664,658.00 0.00 0.00 0.00 87,500.00 0.00 87,500.00 0.00 0.00 0.00 71209,473.00 13,302,705.03 57,906,767.97 79,773,087.00 13,760,226.40 66,012,860.60 6,000.00 0.00 6,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6,000.00 0.00 6,000.00 225,137.00 328,160.35 (103,023.35) 0.00 0.00 0.00 0.00 0.00 0.00 60,700.00 0.00 60,700.00 0.00 0.00 0.00 285,837.00 328,160.35 (42,323.35) 406,111.00 416,568.00 (10,457.00) 0.00 0.00 0.00 0.00 0.00 0.00 7,000.00 0.00 7,000.00 0.00 0.00 0.00 413,111.00 416,568.00 (3,457.00) 250,000.00 250,000.00 0.00 0.00 0.00 0.00 0.00 10,722,711.00 (10,722,711.00) 250,000.00 10,972,711.00. (10,722,711.00) 2,300,210.00 0.00 2,300,210.00 33,111.00 0.00 33,111.00 158,886.00 158.79 158,727.21 164,099.00 0.00 164,099.00 2,656,306.00 158.79 2,656,147.21 2,000.00 2,000.00 0.00 100.00 0.00 100.00 2,100.00 2,000.00 100.00 E.*1 07/01/2004-11/30/04 GENERAL FUND EXPENDITURE SUMMARY REMAINING BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET GENERAL GOVERNMENT: LEGISLATIVE 761,385.00 204,060.75 0.00 657,324.25 CITY MANAGER'S OFFICE 849,100.00 306,110.46 17,500.00 525,489.54 ECONOMIC DEVELOPMENT 901,150.00 227,888.51 0.00 673,261.49 PERSONNEL/RISK MGT 794,069.00 121,516.00 235.58 672,317.42 TOTAL GENERAL GOVERNMENT 3,305,704.00 859,575.72 17,735.58 2,428,392.70 CITY CLERK 526,211.00 195,427.83 0.00 330,783.17 TOTAL CITY CLERK 526,211.00 195,427.83 0.00 330,783.17 COMMUNITY SERVICES PARKS & RECREATION ADMINISTRATION 772,983.00 268,544.26 2,764.00 501,674.74 SENIOR CENTER 359,644.00 101,653.91 0.00 257,990.09 PARKS & RECREATION PROGRAMS 144,503.00 70,092.92 0.00 74,410.08 TOTAL COMMUNITY SERVICES 1,277,130.00 440,291.09 2,764.00 834,074.91 FINANCE FISCAL SERVICES 726,376.00 238,895.06 0.00 487,480.94 CENTRAL SERVICES 659,448.00 370,092.64 2,427.61 286,927.75 TOTAL FINANCE 1,385,824.00 608,987.70 2,427.61 774,408.69 BUILDING &SAFETY: BUILDING & SAFETY - ADMIN 321,517.00 90,819.20 0.00 230,697.80 BUILDING 906,594.00 472,064.33 0.00 434,529.67 CODE COMPLIANCE 658,084.00 194,291.44 0.00 463,792.56 ANIMAL CONTROL 293,479.00 75,382.47 0.00 218,096.53 CIVIC CENTER BUILDING -OPERATIONS 1,106,324.00 696,037.83 0.00 410,286.17 TOTAL BUILDING & SAFETY 3,285,998.00 1,528,595.27 0.00 1,757,402.73 PUBLIC SAFETY: POLICE SERVICES 6,813,954.00 1,290,453.42 0.00 5,523,500.58 FIRE 3,855,806.00 3,437.60 0.00 3,852,368.40 EMERGENCY SERVICES 45,193.00 22,310.48 0.00 22,882.52 TOTAL PUBLIC SAFETY 10,714,953.00 1,316,201.50 0.00 9,398,751.50 COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT - ADMIN 556,886.00 195,872.24 0.00 361,013.76 CURRENT PLANNING 750,085.00 238,293.82 0.00 511,791.18 TOTAL COMMUNITY DEVELOPMENT 1,306,971.00 434,166.06 0.00 872,804.94 PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 277,879.00 103,229.68 0.00 174,649.32 DEVELOPMENT & TRAFFIC 1,071,366.00 435,007.32 0.00 636,358.68 MAINT/OPERATIONS - STREETS 2,188,469.00 363,466.36 1,729.62 1,823,273.02 MAINT/OPERATIONS - LTG/LANDSCAPING 1,461,996.00 612,696.01 0.00 849,299.99 MAINT/OPERATIONS - PARK MAINTENANCE 837,090.00 455,440.91 4,315.82 377,333.27 CONSTRUCTION MANAGEMENT 618,817.00 284,010.31 0.00 334,806.69 TOTAL PUBLIC WORKS 6,455,617.00 2,253,850.59 6,045.44 4,195,720.97 TRANSFERS OUT 306,017.00 219,652.99 0.00 86,364.01 GENERAL FUND REIMBURSEMENTS (4,084,824.00) (1,259,097.17) 0.00 (2,825,726.83) NET GENERAL FUND EXPENDITURES 24,479,601.00 6,597,651.58 28,972.63 17,852,976.79 78 s CITY OF LA QUINTA OTHER CITY FUNDS EXPENDITURE SUMMARY 07101/2004-11130/04 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND PROJECT EXPENDITURES 0.00 0.00 0.00 0.00 TRANSFER OUT 1,216,501.00 0.00 0.00 1,216,501.00 TOTAL LIBRARY FUND 1,216,501. 00 0.00 0.00 1,216, 1.00 GAS TAX REIMBURSE GENERAL FUND 622,200.00 259,250.00 0.00 362,950.00 TRANSFER OUT 239,581.00 8,261.99 0.00 231,319.01 TOTAL GAS TAX FUND 861,781.00 267,511.99 0.00 594,269.01 FEDERAL ASSISTANCE FUND: TRANSFER OUT TOTAL FEDERAL ASSISTANCE FUND 509,535.00 7,236.87 0.00 502,298.13 URBAN FORESTRY GRANT TRANSFER OUT TOTAL URBAN FORESTRY GRANT 0.00 0.00 0.00 0.00 SLESF (COPS) TRANSFER OUT TOTAL SLESF (COPS) FUND 100,000.00 0.00 0.00 100,000.00 LLEBG FUND TRANSFER OUT TOTAL LLEBG FUND 0.00 0.00 0.00 0.00 INDIAN GAMING FUND TRANSFER OUT 177,250.00 0.00 0.00 177,250.00 TOTAL INDIAN GAMING FUND 177,250.00 0.00 0.00 177,250.00 LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 825,800.00 344,083.31 0.00 481,716.69 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LTG/LANDSCAPING FUND 825,800.00 344,083.31 0.00 481,716.69 RCTC TRANSFER OUT 2,056,829.00 0.00 0.00 2,056,829.00 TOTAL RCTC 2,056,829.00 0.00 0.00 2,056,829.00 QUIMBY FUND: TRANSFER OUT TOTAL QUIMBY FUND 547,871.00 113,447.22 0.00 434,423.78 INFRASTRUCTURE FUND CONSTRUCTION 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 1,140,356.00 487,892.37 0.00 652,463.63 TOTAL INFRASTRUCTURE 1,140,356.00 487, 92.37 0.00 652,463.63 VILLAGE PARKING TRANSFER OUT TOTAL VILLAGE PARKING FUND (1,893.001 0.00 0.00 (1,893.00) SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 22,945.00 3,197.53 0.00 19,747.47 TRANSFER OUT 77,119.00 0.00 0.00 77,119.00 TOTAL SOUTH COAST AIR QUALITY 100,064.00 3,197.53 0.00 96,866.47 CMAQASTEA TRANSFER OUT TOTAL CMAQ/ISTEA FUND 553,785.00 0.00 0.00 553,785.00 TRANSPORTATION PROGRAM COSTS 0.00 0.00 0.00 0.00 CONTRIBUTION 0.00 0.00 0.00 0.00 TRANSFER OUT 4,052,084.00 66,920.55 0.00 3,985,163.45 TOTAL TRANSPORTATION 4,052,084.00 66,920.55 0.00 3,985,163.45 PARKS & RECREATION INTEREST ON ADVANCE 0.00 0.00 0.00 0.00 TRANSFER OUT 214,814.00 10,720.28 0.00 204,093.72 TOTAL PARKS & RECREATION 214,814.00 10,720.28 0.00 204,093.72 CIVIC CENTER PROGRAM COSTS 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 204,366.00 85,152.50 0.00 119,213.50 TRANSFER OUT 3,281,724.00 65,518.11 0.00 3,216,205.89 TOTAL CIVIC CENTER 3,486,090.00 150,670.61 0.00 3,335,419.39 LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 0.00 0.00 TRANSFER OUT 3,746,450.00 1,114,705.05 0.00 2,631,744.95 TOTAL LIBRARY DEVELOPMENT 3,746,450.00 1,114,705.05 0.00 2,631,744.95 79 10 CITY OF LA QUINTA 07/01/2004-11130104 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET COMMUNITY CENTER PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL COMMUNITY CENTER 0.00 0.00 0.00 0.00 STREET FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL STREET FACILITY 0.00 0.00 0.00 0.00 PARK FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL PARK FACILITY 0.00 0.00 0.00 0.00 FIRE PROTECTION INTEREST ON ADVANCE 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL FIRE PROTECTION DIF 0.00 0.00 0.00 0.00 LIBRARY COUNTY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 690,863.00 0.00 0.00 590,863.00 TOTAL LIBRARY COUNTY DIF 590,863.00 0.00 0.00 590,86 .00 ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 3,500.00 0.00 0.00 3,500.00 OPERATING EXPENSES-APP 1,800.00 0.00 0.00 1,800.00 ART PURCHASES 447,425.00 22,658.50 0.00 424,766.50 TRANSFER OUT 255,631.00 0.00 0.00 255,631.00 TOTAL ART IN PUBLIC PLACES 708,356.00 22,658.50 0.00 685,697.50 CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 78,779,629.00 13,754,664.04 47,758.00 64,977,206.96 PROJECT REIMBURSEMENTS TO GEN FUND 993,458.00 5,562.36 0.00 987,895.64 TRANSFER OUT 0.00 0.00 0.00 TOTAL CAPITAL IMPROVEMENT 79,773,087.00 13,760,226.40 47,758.00 65,965,102.60 ASSESSMENT DISTRICT 2000-1 COSTS OF ISSUANCE 0.00 0.00 0.00 0.00 TRANSFER TO AGENCY FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 142,507.00 0.00 0.00 142,507.00 TOTAL AD 2000-1 142,507.00 0.00 0.00 142,507.00 EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 405,339.00 60,989.67 0.00 344,349.33 TRANSFER OUT 657,000.00 0.00 0.00 657,000.00 TOTAL EQUIPMENT REPLACEMENT FUND 1,062,339.00 60,989.67 0.00 1,001,349.33 INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 590,351.00 90,272.72 26.94 500,051.34 TOTAL INFORMATION TECHNOLOGY FUND 590,351.00 90,272.72 26.94 500,051.34 PARK MAINTENANCE TRANSFER OUT 0.00 0.00 0.00 0.00 SILVERROCK GOLF OPERATING EXPENSES 2,277,686.00 84,862.29 0.00 2,192,823.71 TOTAL SILVERROCK GOLF 2,277,686.00 84,862.29 0.00 2,19 ,823.71 LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY 2,000.00 0.00 0.00 2,000.00 so 11 r 0 C 00 LL m E 3 CO) C Sm E N C Co CD > > M 'C ) o E a) UC�m c m c u O ci O�NI�.-Ln1• MOONMOI�LO0LOM(D� CD N w .- N O cD — M M O w Nr LO�Co M � � NtOe-LOMCO��CA'�tOLANtD�t�t7�� N �NNOd'O.00ftDLA1�Q�00MNOM� ONCOI�OCDOCOI.-OOI-C) 0 LAr-aa,.:" r:avr tLdVie cie C'M�O Q m � CO O LO O O O CD CO O CO O M 1� 1` O O O cO C0 opLON�OMLOI�L0000 MNOMMM cs�NCOLOtONCDO.d;�tC�MM00 ♦' 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CO CD 0 O O 7 m C8E C C O C E C M LV C O r- as � cm E o O = E 0 c 0m M z m CY N> F- O N m2 r O C �C 0 UL 81 12 COUNCIL/RDA MEETING DATE: January 18, 2005 ITEM TITLE: Adoption of a Resolution Approving a Project Application for the Fiscal Year 2005/2006 Bicycle Transportation Account Funds for a Bikeway Along Portions of Fred Waring Drive and Miles Avenue RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving the submittal of a project application to the State of California Department of Transportation for Class II bikeways along portions of Fred Waring Drive and Miles Avenue. FISCAL IMPLICATIONS: This grant requires a 10% local match of the total cost of the project. The total estimated cost for this bike lane project is $32,963, which requires a local match of $3,296. In addition, the City would be responsible for administrative costs of approximately $1,648. If the City is successful in this application, the matching funds, as well as the administrative costs, will need to be identified in the Fiscal Year 2005/2006 budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City recently received notification from Caltrans that grant funds are available under the Bicycle Transportation Account (BTA) program. The grant program provides funds for projects that will improve safety and convenience for bicycle commuters. The City has submitted at least four proposals under this program in the past and has been successful in obtaining funding for two. This fiscal year, Caltrans has a total of $7.2 million statewide for bicycle projects. Staff considered several possibilities and is recommending three segments for this project that involves striping along existing portions on the south side of Fred g4 Waring Drive and on both sides of Miles Avenue. The total length of the project is 21,662 linear feet. The project application is included as Attachment 1. The proposed project appears to be a prime example of the type of project Caltrans intends to fund, meeting all the criteria outlined in the BTA guidelines, especially the connectivity factor. One of the main purposes of the installation of the bike lanes is to provide connections to existing or proposed bikeways, both locally and regionally. The Fred Waring Drive portion of the project will provide a connection to proposed pathways in Palm Desert, Bermuda Dunes and Indio, and the Miles Avenue portion will provide a connection to Indian Wells and Indio. It is also anticipated that bicycle traffic will increase significantly on both Fred Waring Drive and Miles Avenue as a result of the amenities (including the new skate park and future interactive water feature) offered at the La Quinta Park. The proposed project is essentially an extension of existing bikeways in the system. Bikeways currently exist on the south side of Miles Avenue in front of John Glenn Middle School (east of Dune Palms) and on the north side of Fred Waring Drive from Washington Street to Jefferson Street. The segments proposed for Class II bikeways are as follows: Street Name Side of Street Begins Ends Fred Waring Drive South Washington Street Jefferson Street Miles Avenue South Washington Street Dune Palms Road Miles Avenue North Washington Street Jefferson Street The City of La Quinta identifies all three portions of the proposed bikeway project as priorities in the Summary Report of the Coachella Valley Association of Governments Non -Motorized Transportation Plan (see excerpt as Attachment 2). The project application deadline is February 1, 2005. Although the attached application is essentially complete, additional maps and photos may be included prior to submission. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the submittal of a project application to the State of California Department of Transportation for Class II bikeways along portions of Fred Waring Drive and Miles Avenue; or 93 2 2. Do not adopt a Resolution of the City Council approving the bike lane project and submittal of the grant application; or 3. Provide staff with alternative direction. Respectfully submitted, Cw Terry Deferinger, Management Assistant Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Bicycle Transportation Account grant application 2. Excerpt from CVAG Non -Motorized Transportation Plan S:\CityMgr\Terry\Grants\05-06BTA Bicycle Grant\staff report. doc RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QU1NTA, CALIFORNIA, APPROVING THE APPLICATION FOR FISCAL YEAR 2005/06 BICYCLE TRANSPORTATION ACCOUNT GRANT PROGRAM FOR CLASS 11 BIKEWAYS ON PORTIONS OF FRED WARING DRIVE AND MILES AVENUE WHEREAS, the Department of Transportation shall make available $7.2 million for fiscal year 2003/04 for the construction of non -motorized transportation facilities to be used in conjunction with the state highway system; and WHEREAS, the City of La Quinta wishes to utilize these state funds to further the goals and objectives of the City's General Plan, the City's Bicycle Transportation Plan, the region's bicycle commuter needs, and the Coachella Valley Association of Government's System of Non -Motorized Facilities regarding a bicycle network; and WHEREAS, the state will pay 90% of the project costs and the City of La Quinta shall be responsible for 10% of the project construction costs; and WHEREAS, the City has found that the Project is categorically exempt under Section 15304(h), Minor Alterations to Land, of the California Environmental Quality Act. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. The City hereby approves the application for the Bicycle Transportation Account grant program for Class II bikeways along portions of Fred Waring Drive and Miles Avenue. 2. The City certifies that adequate provisions for operation and maintenance of the project will be made. 3. The City certifies that 10% of the total construction cost of the project will be provided. 4. The City appoints the City Manager, or his designee, to be the Administering Agency Representative as agent of the City of La Quinta to conduct all negotiations, execute and submit all documents, amendments, payment requests and other administrative duties which may be necessary during the course of the planning, design, construction, operation and maintenance of the aforementioned project. 85 4 Resolution No. 2005- 2005/06 BTA Bikeways Grant Application Adopted: January 18, 2005 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 18th day of January, 2005, by the following vote to wit: AYES: Council Members NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 86 5 ATTACHMENT 1 Fred Waring/Miles Avenue Bikeways Project February 1, 2005 DRAFT Bicycle Transportation Account Project Application Submitted to the California Department of Transportation Prepared by the City of La Quinta Local Assistance Program Guidelines EXHIBIT 21-B Project Application Form BICYCLE TRANSPORTATION ACCOUNT PROJECT APPLICATION I. APPLICATION INFORMATION Applicant Agency: City of La Quinta Address: P. O. Box 15.04 City: La Quinta County: Riverside Contact Person: Terry Deeringer, Management Assistant State: CA Zip: 92247 Phone: (760) 777-7041 Ext: E-Mail: tdeering@la-quinta.org State Legislative Districts: Senate 37 Assembly 80 Caltrans District: 8 II. PROJECT INFORMATION Project Title: Fred Waring/Miles Avenue Bikeways Project Project Location: North & South sides of Miles Ave.; south side of Fred Waring Dr Project Type: (Check all that apply) Class I Bikeway ❑ Class II Bikeway © Class III Bikeway ❑ Other ❑ Project Description: In the space provided, describe the project scope, purpose, and need. Include a map to scale with north arrow detailing the project location, length, limits, land uses, and destinations served. Approximately 4.1 miles of Class II bikeway is proposed in three segments, as follows: l) 2000 LF east of Washington Street to Dune Palms on the south side of Miles Avenue (approx. 4752 LF); 2) Washington Street to'Jefferson on the north side of Miles Avenue (approx. 6350 LF); and 3) Washington Street to Jefferson Street on the south side of Fred Waring Drive (approx. 10,560 LF) . The striping will be in compliance with Section 1000 of the California Highway Design Manual. These segments will provide necessary links for residents to Amelia Earhart Elementary, John Glenn Middle and La Quinta High Schools. They also encompass border -to -border coverage from the City of Palm Desert to the west to the City of Indio to the east. These segments will provide commuter and recreational cyclists with access to parks, hiking, shopping, restaurants, and major retailers. These two alternative routes will provide a safer riding environment than the heavily travelled State Highway 111 which, in turn, will encourage aditional commuter and recreational cycling. Page 21-11 LPP 04-08 September 9,007 EXHIBIT 21-B Local Assistance Program Guidelines Project Application Form III. EVALUATION CRITERIA (To be completed by applicant) Eligible BTA projects are those that serve the functional needs of bicycle commuters. Accordingly, BTA project applications will be evaluated as Excellent, Good, Fair, Poor, or Ineligible according to the following criteria. In the space provided, describe how well the proposed project fulfills the following program criteria. 1. Will bicycle commuters be the primary users of the proposedproject? Cyclists desiring to traverse from Palm Desert and cities west of there, through La Quinta to Indio and cities east of there, will have Fred Waring Drive and Miles Avenue as two alternative routes to the heavily -travelled SR Hwy. 111. 2. Does the proposed project have the potential to increase bicycle commuting? These segments have a high potential to increase commuting by bicycle, as they will provide a safe route for cyclists not only in the City of La Quinta, but also from the adjoining cities of Palm Desert.and Indio, to the west and east, respectively. 3. is the oronosed oroiect the best alternative for the situation'! Yes.. The proposed segments provide the best overall access to the highest number of potential commuters. 4. Will the proposed project improve bikeways and/or amenities that support bicycle commuting e.g. bicycle parking, lockers showers lighting,call boxes maps, and bicycle safety education programs? Yes, indirectly. The segments will provide improved bikeways by filling in missing links to amenities that support commuting, such as bicycle parking at schools, parks, and retail centers. 5. Will the proposed project provide or improve bikeway continuity to activity centers such as public buildings, transit terminals business districts shoppingftopping centers and schools, etc.? Yes. The proposed segments will provide continuity to three schools, three public parks, and linkage to the State Hwy. 111 corridor, which is laden with retail shopping, restaurants, public transit, and businesses. Page 21-12 September 9, 2004 LPP 04-08 p nn8 0 :7 Local Assistance Program Guidelines EXHIBIT 21-B Project Application Form IV. PROJECT BUDGET Funding EngineerinpjDesign Right of Way Construction Total Percent BTA Funds $2,291 $0 $27,376 $29,667 90.00% Local Funds $254 $0 $3,042 $3,296 10.00% Other $0 $0 $0 $0 Total J $2,545 $0 $30,418 $32,963 100.00% V. PROJECT SCREENING CRITERIA A. Local Match 1. Will applicant provide the local share as indicated in the project budget table above? (Note: The minimum local share required is 10% of the total project cost.) Y 0 N ❑ 2. What is the estimated completion date of the proposed project? B. Bicycle Transportation Plan (BTP) Month: NOV Year: 2005 1. Name of BTP applicant is using to establish eligibility for BTA funding? BTP: CVAG Non -Motorized Transportation Plan BTP Adopted Date: 11 /19/2002 2. Name of Regional Transportation Planning Agency (RTPA) RTPA: Riverside Country Transportation Commission BTP Approval Date: 05/08/2002 3. Is the BTP approved by the BFU? Y V1 N ❑ 4. Is the applicant submitting a BTP for BFU approval? Y ❑ N Z 5. Is the project consistent with the BTP? Y © N ❑ 6. BTP page number identifying the proposed project. Page No.: 89 C. Evidence of California Environmental Quality Act (CEQA) Compliance BTA projects must be in compliance with the applicable provisions of the California Environmental Quality Act (CEQA) by the BTA application submittal date. The lead agency is responsible for preparing the required environmental documentation, making the appropriate environmental determination, and submitting it with the application. VI. APPLICATION SIGNATURE An authorized representative of the applicant agency must sign the application. The undersigned affirms that the statements contained in the application package are true and complete to the best of the applicant's knowledge. Name Title: City Manager Date Distribution: Local agency sends original and one copy to the DLAE. DLAE forwards original to BFU t''1 and retains copy for district file. J Page 21-13 9 LPP 04-08 September 9, 2004 0 . 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W- RESOLUTION NO. 2002-152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA APPROVING THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) NON -MOTORIZED TRANSPORTATION PLAN COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) NON -MOTORIZED TRANSPORTATION PLAN WHEREAS, the City Council of the City of La Quinta, California, did, on the 19t' day of November, 2002, hold a duly -noticed Public Meeting to consider Coachella Valley Association of Governments' Non -Motorized Transportation Plan providing design guidelines and location criteria for bicycle lanes in the City of `La Quinta and the Coachella Valley; and WHEREAS, on May 10, 2002 the Coachella Valley Association of Governments Executive Committee submitted to the City of La Quinta a copy of the approved Non -Motorized Transportation Plan; and WHEREAS, the Plan establishes that the adoption of . the Non -Motorized Transportation Plan is necessary to improve the public safety, improve the convenience for bicyclists in the City, and receive public funding for future bicycle roadway improvements; and WHEREAS, said Plan has complied with the requirements of the California Environmental Quality Act (CEQA) of 1970 (as amended), pursuant to the adoption of Resolution 83-68 by the City Council; in that the Community Development Director determined this project is categorically exempt (Class 4) from environmental review pursuant to the review guidelines of CEQA Section 15304-H ("Minor Alterations To Land'); and WHEREAS, at said Public Meeting, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings of approval to justify a recommendation for approval of said CVAG Non -Motorized Transportation Plan: 1. That the proposed CVAG Non -Motorized Transportation Plan is consistent with the goals and policies of the La Quinta General Plan Circulation Element which encourages the use of continuous and convenient bicycle routes and multi -use trails to places of employment, recreation, shopping, schools, and other high activity areas with potential for increased non -vehicular. use. 9) 14 Resolution. No. 2002-152 CVAG Non -Motorised Transportation Plan Adopted: November 19, 2002 Page 2 2. That the CVAG Non -Motorized Transportation Plan will not create conditions materially detrimental to the public health, safety, and welfare in that the resulting improvements will provide alternatives to automobile transportation that meet the needs of all city residents. 3. The CVAG Non -Motorized Transportation Plan will provide opportunities for the City of La Quinta to apply for and 'obtain grant monies including Bicycle Transportation Account grant monies and that Bicycle Transportation Account funds are available .to those cities that adopt a regional bicycle plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2.. That it does approve CVAG Non -Motorized Transportation Plan, for the reasons set forth in this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held this 19' day of November, 2002 by the following vote: AYES: Council Members Adolph; Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None JOHN* J. PERAIMayor City of La Quinta, California 96 15 Resohrtkm No. 2002-152 CVAO Non -Motorized Transportation Plan Adopted: November 19, 2002 Page 3 ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATftRINE JENS6N, City Attorney City of La Quinta, California 97 16 CITY OF LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 NOTICE OF EXEMPTION Project Title: Striping, pavement .marking and signs for bicycle lanes on existing right-of-way Project Location -Specific: South side of Fred Waring Drive from Washington Street east to Jefferson Street: south side of Miles Avenue from Washington Street east to Dune Palms Road: and north side of Miles Avenue from Washington Street east to Jefferson Street. Project Location -City: La Quinta Description of Nature, Purpose and Beneficiaries of Project: Implementation of portions of the General Plan Bike Route Plan Name of Public Agency Approving Project: City of La Quinta Name of Person or Agency Carrying Out Project: Public Works Department Exempt Status: (Check One) _Ministerial (Sec. 15073) Declared Emergency (Sec. 15071(a)) X Categorical Exemption. State Type and Section Number: Minor Alterations to Land, Section 15304 h _Other Reasons why project is exempt: The creation of bicycle lanes on existing right-of-way is exempt. Contact Person: Fred Baker 760 777-7065 Area Code Telephone Fred Baker Watur"eL Please print 98 17 SACITYMGR\TERRY\GRANTS\BTA 05-06 GRANT\CERTOFEXEMPTION.DOC ATTACHMENT 2 CHAPTER 5: BICYCLE PLANS ■ Class II on Madison Street from Avenue 54 to Avenue 58 (2 miles) ■ Class II on Airport Boulevard from Madison Street to city limit 0 mile) Proposed La Quinta has proposed 18 bikeway projects to be included in this Plan. They include two Class I projects, 15 Class II projects, and one Class III project. The projects are listed below by priority. Top priority project costs are based on past expenditures for bikeways throughout California. Costs for individual projects will vary by location and complexity of the project. Class I projects are estimated at $500,000 per mile, Class II projects are estimated at $50,000 per mile, and Class III - projects are estimated at $10..000 per mile. City of La Quinta Top Priority Projects Class Street/Path From To Mileage Cost Destinations Whitewater River - I Happy Point SR-1 11 Washington Street 0.50 $250,000 Regional Connector connection II Avenida Bermudas Calle Sinaloa Calle Tecate 1.50 $37,500 La Quinta Cove southbound only II Calle Tecate Avenida Madero Avenida Bermudas 0.50 $12,500 La Quinta Cove westbound only ; II Avenue 52 Eisenhower Drive Washington Street 0.75 $37,500 City Hall, La Quinta Cove City of La Quinta 2nd Priority Bikeway Projects Class Street/Path From To 11 Washington Street northern. city limit Avenue 50 II Jefferson Street northern city limit Avenue 54 City of La Quinta 3rd Priority Bikeway Projects Class. Street/Path From To I Whitewater River Washington Street Indio city limit 1 All American Canal Avenue 50 Avenue 54 11 Fred Waring Drive Washington Street Jefferson Street II Miles Avenue Washington Street Jefferson Street II SR-1 11 Indian Wells city limit Indio city limit II Avenue 50 Washington Street Madison Street 11 Calle Tampico, Park Avenue Washington Street Avenue 50 11 Avenida Bermudas Calle Tampico Calle Sinaloa 11 Avenue 52 Washington Street eastern city limit II Avenue 54 Jefferson Street eastern city limit 11 Avenue 58 Jefferson Street eastern city limit CVAG Non -Motorized Transportation Plan 89 '99 18 T4 hf 4�Q�w COUNCIL/RDA MEETING DATE: January 18, 2005 ITEM TITLE: Approval to Award a Contract to Granite Construction Company to Construct the Eisenhower Drive Bridge and Drainage Improvements, Project No. 2001-06 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 16 STUDY SESSION: PUBLIC HEARING: Approve a contract in the amount of $2,565,565 to Granite Construction Company to Construct the Eisenhower Drive Bridge and Drainage Improvements, Project No. 2001- 06; and Approve Contract Amendment No. 3 (Attachment 1) in the amount of $301,067 to Moffatt & Nichol Engineer's to provide construction management services for the Eisenhower Drive Bridge and Drainage Improvements, Project No. 2001-06; and Appropriate $226,920 from Art in Public Places Reserves. FISCAL IMPLICATIONS: The following represents the project's approved funding and funding sources: Transportation DIF Infrastructure Fund RDA Project Area No. 1 Funds Total Funding Available Less Prior Expenditures Amount Available $630,000 $ 440, 000 $2,691,000 $3,761,000 ($224,193) $3,536,807 Based upon the lowest contractor's bid in the amount of $2,565,565, the following represents the anticipated budget to complete the project: Construction Design Engineer Contract Balance Construction Management (Inspection/Testing/Construction Survey) Desert Sands Unified School District Set Aside Administration Budget Balance Contingency (5%) Total $2,565,565 $ 50,000 $301,067 $ 440, 000 $1 12,841 $128,300 $3,597,77R) S:\CityMgr\STAFF REPORTS ONLY\1-18-05\C2 Proj 2001-06.doc As illustrated, a budget shortfall of $60,966 exists. Staff has identified $226,920 of Art in Public Places funding which can be applied, as the bridge has been designed to include decorative railings and concrete wall, consistent with the bridges on Washington Street and Jefferson Street. As a result, staff is proposing using $165,954 for project contingencies. CHARTER CITY IMPLICATIONS: This project is partially funded with RDA Project Area No. 1 funds. As a result, the project was bid utilizing prevailing wage requirements. Therefore, there are no charter city implications. BACKGROUND AND OVERVIEW: This project involves widening Eisenhower Drive from two to four lanes from Avenue 50 to approximately 700 feet north of Calle Tampico. The objectives- of the project are to improve the level of vehicular service on Eisenhower Drive and to reduce response times for emergency vehicles. The proposed project will improve the existing two-lane Eisenhower Drive to a Primary Arterial-B roadway designation identified as a 100-foot- wide roadway with four 12-foot wide travel lanes, a 12-foot wide median, 7-foot wide bike lanes adjacent to the parkway curb face, and 12-foot wide parkway meandering sidewalks and landscaping. In addition to the street widening, the bridge over the La Quinta Evacuation Channel will be widened from its existing 39 foot 9 inch width to 82 feet to match the realigned paved width of Eisenhower Drive. To support the widened roadway and parkway on the east side of Eisenhower Drive, a retaining wall will be constructed from the bridge to approximately 600 feet to the north. Signals at the intersection of Eisenhower Drive and Avenue 50 will also be modified. On July 22, 2003, the City Council approved a Professional Services Agreement (PSA) in the amount of $234,945 with Moffatt & Nichol Engineers to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Eisenhower Drive Bridge and Drainage Improvements, Project 2001-06. During the course of design, two contract amendments were issued, which increased this contract to an amount not to exceed $243,159. On June 3, 2003, City Council approved an appropriation of $440,000 in order to reimburse Desert Sands Unified School District for the traffic signal and street improvements that are currently under construction on Eisenhower Drive. 2 101 Contract Amendment No. 3, in the amount of $301,067, is to include optional task number eight of Moffatt & Nichol Engineers' scope of work to provide construction management services during the 10-month construction duration. The construction management services include construction phase engineering services, construction monitoring and inspection, construction survey and staking, construction materials inspection and testing, and engineering support as necessary. These services are normally provided under separate contracts from contract administration at an additional cost. As this project is on an expedited schedule in order to match improvements under construction by adjacent development, in this case staff recommends bypassing the consultant selection process by using the design consultant for construction administration as they are most familiar with the work. With the approval of Contract Amendment No. 3, the total combined value of Moffatt & Nichol's PSA will increase to an amount not to exceed $544,226. On November 16, 2004, the City Council adopted a Resolution certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2004- 519; and approved the PS&E of probable construction costs and authorized staff to advertise the Eisenhower Drive Bridge and Drainage Improvements, Project No. 2001- 06 for bid. On January 5, 2005, seven sealed bids were received for the construction of this project. Granite Construction submitted the lowest responsive bid in the amount of $2,565,565. A detailed bid comparison summary is provided as Attachment 2. Contingent upon City Council approval to award the construction of the Eisenhower Drive Bridge and Drainage Improvements, the following represents how the project is expected to proceed: City Council Awards Construction January 18, 2005 Sign Contracts and Mobilize January 19 — February 18, 2005 Construction (310 Consecutive Calendar Days) February 21 — December 17, 2005 Project Close-out/Acceptance January 2006 K 102 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a contract in the amount of $2,565,565 to Granite Construction Company to Construct the Eisenhower Drive Bridge and Drainage Improvements, Project No. 2001-06; approve Contract Amendment No. 3 in the amount of $301,067 to Moffatt & Nichol Engineers to provide construction management services for the Eisenhower Drive Bridge and Drainage Improvements, Project No. 2001-06; and appropriate $226,920 from the Art in Public Places Fund; or 2. Do not approve a contract in the amount of $2,565,565 to Granite Construction Company to Construct the Eisenhower Drive Bridge and Drainage Improvements, Project No. 2001-06; do not approve Contract Amendment No. 3 in the amount of $301,067 to Moffatt & Nichol Engineers to provide construction management services for the Eisenhower Drive Bridge and Drainage Improvements, Project No. 2001-06; and do not appropriate $226,920 the Art in Public Places Fund; or 3. Provide staff with alternative direction. Respectfully submitted, IWs - imon on, P.E. PublDirector/City Engineer Approved for submission by: Oe Thomas P. Genovese, City Manager Attachments: 1. Contract Amendment No. 3 2. Detailed Bid Comparison Summary 4 ATTACHMENT 11 :J _ _� • CV `SOFT PROFESSIONAL SERVICES AGREEMENT: EISENHOWER DRIVE BRIDGE AND DRAINAGE IMPROVEMENTS PROJECT NO. 2001-06 CONSULTANT: MOFFATT & NICHOL ENGINEERS Attention: Shing Ching Chan, Vice President 415 North Vineyard Avenue, Suite 200 Ontario, CA 91764 CONTRACT AMENDMENT NO. 3 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the Contract. DESCRIPTION OF CHANGE Moffat & Nichol shall provide Construction Management Services in accordance with the scope (Exhibit A) and fee (Exhibit B) attached and made a part of this Contract Amendment. **************************************************************************************** Previous Contract Amount Through Contract Amendment No. -2- $243,159.00 Add this Amendment $301,067.00 Revised Contract Total $544,226.00 All work associated with this contract amendment shall be completed on or before December 1, 2005 Submitted By: Approved By: Date: Date: We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby a , 'ept as,full payment the amount shown above. _. Accepted By: Title: VLf, t Consultant: tEGAAjWjrk0 Date: Exhibit "A" — Scope of Services Eisenhower Drive Bridge and Drainage Improvements Task 8 Construction Phase Services Under the general direction of the City of La Quinta's assigned Project Manager, the Consultant shall provide construction management and construction phase engineering support services for the construction of the Eisenhower Drive Bridge and Drainage Improvements Project. Consultant shall perform the following: a. Insure that materials and workmanship are in conformance with the contract documents and all applicable codes and regulations. b. Monitor the progress of the work to insure the project is completed within the allotted contract time and within budget. c. Maintain accurate project records of all construction activities and costs. d. Provide a fulltime Construction Inspector and, as required, Material Testing, all with the oversight of a qualified Project Construction Manager (PCM). e. Provide engineering support during construction including submittal and RFI review, as well as preparation of record drawings. The Consultant's Project Construction Manager (PCM) and Inspector shall be the City's representative at all times during construction and in general will be given authority to act on behalf of the City. The PCM shall be a Civil Engineer licensed in the State of California and experienced in bridge construction, who shall assume responsibility for the construction of the improvements. The PCM shall be thoroughly familiar with the plans, specifications, and other contract documents. The PCM will not have the authority to execute change orders or resolve disputes with the Contractor, but shall make recommendations to the City regarding change orders and disputes. Construction inspection, materials sampling and testing (when applicable) and contract administration shall be in accordance with: • The current Caltrans Construction Manual and its revisions • Manual of Traffic Controls for Construction and Maintenance Work zones • The Caltrans Standard Specifications and Standard Plans • The project plans and special provisions • Other applicable Caltrans manuals All project correspondence shall become the property of the City upon issuance of Notice of Completion. Per project Specifications the Contractor will provide lockable office space. Consultant will provide office furniture, fax machine, black and white laser printer, copy machine, and a computer. All direct costs are included in the overhead. Prepared by hAhq 1 of 4 6 105 8.1 Construction Monitoring The Consultant's construction monitoring services shall include, but not be limited to, the following: 1. Confirm that the Contractor has obtained all required permits, and the work is inspected as required by the City and completed to all regulatory agency's satisfaction. 2. Review the site daily for Contractor / subcontractor compliance with all safety requirements and all requirements of the contract documents. Daily on -site inspections shall be of sufficient detail and duration to insure compliance with the contract documents. 3. Consultant shall provide daily inspection of the improvements under construction and inspect materials prior to installation, whenever possible, to ensure that materials are in conformance with contract documents and approved submittals. 4. Consultant shall reject all or any portion of work not meeting the requirements of the contract documents. The reason why the work does not conform shall be given to the Contractor and documented in the project records. 5. Consultant shall maintain project document control, which shall include daily reports containing description of work, work force, and equipment at the site, weather conditions, work inspected, visitors to the site and documentation of any unusual or pertinent happenings. The reports shall include a detailed list of all issues and resolutions discussed on the project. All pertinent telephone calls made or received shall also be noted in a separate telephone log or in the detailed report indicating the parties called and the purpose / intent of the call. A copy of the daily reports, including pertinent telephone calls, shall be forwarded to the City on a monthly basis. 6. Consultant shall assist in the preparation of change orders for the City's approval including the Engineer's cost estimates and justification for each change. After preliminary City approval, the Consultant's PCM shall obtain the signature of the Consultant's engineer -of -record (Designer) and the Contractor's signatures on change order, in a timely manner, to minimize delay in construction progress, for execution by the City. 7. Consultant shall maintain project documents and prepare a photographic log, maintain one (1) photographic "book" for the project documenting existing conditions as well as construction activities, and provide to the City at the completion of work. All project documentation shall be kept on site at City supplied or approved facilities. Consultant shall utilize the Request for Information (RFI) process to record inquiries and information required of the Designer, City or others. All correspondence shall be logged for the purpose of tracking and record keeping. 8. Review Contractor's construction, schedule and verify that the schedule is prepared in accordance with the requirements of the contract documents and Prepared by „�q 2 of 4 10G_ 7 that it establishes completion dates that comply with the City, and or County/Local Agencies requirements. 9. Review Contractor's monthly progress payment requests to verify pay quantities and to determine whether the amount requested reflects the progress payment of the Contractor's work. Prepare Contractor's progress pay estimates monthly for the City's approval. 10. Conduct meetings with the Contractor on a regular basis, not less than monthly, for purposes of communication, coordination, discussion, and resolution of problems or negotiations of change orders. 11. Prepare and submit to the Contractor a "Weekly Statement of Calendar Days" report. Report format to be furnished by the City. 12. Prepare all correspondence to the Contractor in relation to the Construction Management of the improvements. A copy of all correspondence, from and to the Contractor, shall be forwarded to the City on a Weekly basis. 13. Prepare final punch list for the Contractor and recommend to the City the filing of the Notice of Completion. Obtain all required final documents specified in the construction documents. 14. Prepare and submit, by the 5tn of each month, progress reports describing in detail the construction activities performed during the previous month, issues resolved, outstanding issues, pending and executed change orders, any other potential obstacles that would impede the progress of the work, and job progress within the allocated construction schedule. Receive from the Contractor as -built record drawings for review and correction and forwarding to the Consultant's design staff for final processing (preparation of record - drawings). 15. Review certified payrolls submitted by the Contractor / subcontractor(s) for compliance with Federal and State wage rates. Consultant shall compare hours worked as indicated on the certified payrolls with labor records maintained by the construction management team. Notify the Contractor of any discrepancies between wages paid and the prevailing wage rates. Verify supplemental checks for back wages are issued, if required. 16. Conduct employee interviews of construction personnel to verify the information submitted by the Contractor / subcontractor (s) and to determine if the workers are aware of their wages and benefits. One employee from each contractor/ subcontractor working on the project shall be interview during any particular month until each employee working on the project has been interviewed or the Contractor / subcontractor(s) is no longer working on this project. 8.2 Construction Surveying Consultant will provide one set of construction stakes for the following: Roadway Construction: Prepared by 3 of 4 107 N. 1. Layout removal limits for AC, landscaping as noted on plans. Set project stationing on existing street pavement, 100-foot stations. 2. Set construction staking at 25-foot intervals for roadway excavation on both sides of proposed widening. 3. Set curb offset stakes for the construction of curbs at 25-foot stationing. 4. Grade check for tie in with existing and new construction. 5. Set offset stakes for the construction of storm drains at 25-foot stations. One set of offset stakes for retaining and slough walls at 25-foot stations. Bridge Construction Staking: 1. Set center line points for two bridge abutments and layout of cast-in-dri lled- hole pile (CIDH) with elevations to bottom of footing. 2. Set centerline points for two bridge bents and layout of CIDH pile with reference elevations. 3. Set elevations of bridge deck at both bridge abutments and both bridge bents. 4. Location of Easterly and Westerly edges of the existing bridge deck with respect to proposed centerline of improvements. 5. Set construction stakes along new edge of deck at 5 foot stations. 6. Provide office support. 8.3 Construction Materials Inspection and Testing Consultant will provide the construction materials inspection and testing services. 8.4 Engineering Support during Construction Consultant will provide the required engineering support during construction including but not limited to the following: 8.2.1.1 Review the Contractor's submittals and RFI's and provide responses to the Contractor on an expeditious manner to minimize delay to construction. 8.2.1.2 Visit the construction site as requested by the PCM or the City. 8.2.1.3 Prepare final record -drawings by incorporating the marked -ups from the Contractor's as -built record drawings into the Consultant's CADD drawings. Prepared by 4 of 4 77%�, LC) .0 %0 0 tx L(i G uj O 3 V � 2 ea Gj C M C O V m E IL w �o H w v CO) J 414 ry. aIL 0 00 �a 2� y C O VU J N j 0 pp O N `? 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D: D:¢ D_ D:~ 2 �3� m V QCC pt~l1jj�U F-F D: CC 2m¢ (~BNN�Omp U F-F-NF Cw.7Sj V jJcc CC CC mQyZ W ja W g��m2ZZ0 U OU OU U 2 m N acJD UZ O U � H a in G¢ D, H U x WI MI 0 (C O: w m u u Q U U U U (a rb u x CD U Q Q U U U U U W. 0. O u~i 0 0¢D m .-NMdt07 (0na0MOr•NMdin (Onm Q)O N N NMa1Omn N N N N N N ao N WO N M NMaimm�aoTO M M M M M M M M (n d NM d d v (n (O d a naD d d W O d (n NM )n m m 12 ill COUNCIL/RDA MEETING DATE: January. 18, 2005 ITEM TITLE: Adoption of a Resolution Accepting a Declaration of Dedication to the City from Waring - Adams Venture, a California General Partnership for Lot D of Tract Map No. 25290 for Public Landscaping Purposes, APN 640-180-067 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution accepting the Declaration of Dedication to the City of Lots D of Tract Map No. 25290 for Public Landscaping Purposes, APN 640-180-067. FISCAL IMPLICATIONS: The existing perimeter landscaping, located on Lot D within the Rancho Ocotillo II subdivision (Attachment 1), has been maintained by the City's Landscape and Lighting Assessment District No. 89-1 since acceptance of the improvements by the City Council on March 2, 1993. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Dedication of the constructed perimeter landscaping and irrigation, located on Lots 1 D (APN 640-180-067), was a condition of Tract Map No. 25290; however, the developer was not required to maintain these improvements. The Final Map for Tract Map No. 25290 was recorded in the City's favor on October 22, 1990 as Instrument 386765 (Attachment 2) by the developer; however the offer of dedication of Lot D was not accepted by the City Clerk at that time. Although the City has maintained the perimeter landscaping since accepting the tract improvements, the City has not formally accepted the Offer of Dedication. The City incorporated maintenance of the perimeter landscaping within its Landscape and Lighting Assessment District No. 89-1 since March 2, 1993. 112 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 desires to clear up the tax matter by proceeding with the dedication of Lot D to the City of La Quinta that is pending tax sale by the County Tax Collector. 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 Public Landscaping Purposes, the City will continue to maintain the perimeter landscaping and will eliminate the confusion of taxation as buildable property 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. Adopt a Resolution accepting the Declaration of Dedication to the City from Waring -Adams Venture, a California General Partnership for Lot D of Tract Map No. 25290 for Public Landscaping Purposes, APN 640-180-067; or 2. Do not adopt a Resolution accepting the Declaration of Dedication to the City from Waring -Adams Venture, a California General Partnership for Lot D of Tract Map No. 25290 for Public Landscaping Purposes, APN 640-180-067; or 3. Provide staff with alternative direction. Respectfully submitted, Ti othy R. o asso , P. E. ublic Works irec o /City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Final Map Tract 29250 3. Owner's Statement of Declaration of Dedication and City Clerk's Non -Acceptance of Lot D Dedication from Final Map Tract 29250 2 113 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ACCCEPTING THE DECLARATION OF DEDICATION TO THE CITY FROM WARING-ADAMS VENTURE, A CALIFORNIA GENERAL PARTNERSHIP FOR LOT D OF TRACT MAP NO. 25290 FOR PUBLIC LANDSCAPING PURPOSES APN 640-180-067 WHEREAS, the construction and offer of dedication of the perimeter landscaping on Lot D of Tract Map No. 25290 (APN 640-180-067) was a condition of the Rancho Ocotillo II development project; and WHEREAS, the property so offered for dedication is more fully described in Exhibit "A" hereto, which description is incorporated herein as though set forth in full (hereinafter referred to as the "Dedicated Property"); and WHEREAS, a Final Map was accordingly recorded with the County of Riverside on October 22, 1990 as Instrument 386765; however Lot D was not accepted at the time of recordation; and WHEREAS, landscaping and irrigation was subsequently installed by the developer of Rancho Ocotillo II development project on the Dedicated Property and accepted by the City of La Quinta on March 2, 1993; 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 public landscaping 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. 3 114 Resolution No. 2005- Acceptance of Declaration of Dedication RW-D 2004-061 Adopted: January 18, 2005 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of La Quinta, California held on this 18th day of January 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADLOPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 4 115 Resolution No. 2005- Acceptance of Declaration of Dedication RW-D 2004-061 Adopted: January 18, 2005 Page 3 EXHIBIT "A" Description of Real Property: "Lots D, inclusive, of Tract Map No. 25290, as recorded in Map Book 2226, Page 48-52 in the office of the County Recorder, County of Riverside, State of California APN 640-180-067 5 116 ATTAGHNT 1 FRED I WA RIAIC O PROJECT s1rE TR. 2525P49 z I LA mmmmmml�- K&F i M/L ES AVE. QU/NTA VIC11VITY AofAP NOT TO SCAL E T. G. P. 204 ELF-6 Q Ew s 117 ae•n NUNN �. •wura.• . I�.p.�.�w�w11 •Iwr.. i . ATTACHMENT 2 y 0 oil ill i I 9 8 119 I Z�� MVry`u�8�yy •� C( ~ O>� • 111\• V MIGI ZIPH O��Op • eM • �•.�i Rd N 00914'33' M 2549.19' (20413243171 143.33 ] 3 324.9! j 11324.As') AD" WHAT (1324.541 41324. 71 i 1254.50' 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 `♦ 1 i-;-L-F---�� 1 • 1 i� --4 r--1-- "1 13 I pN NN W. > N O ` � � �• � •N. O O 0 V q ; W � •• C O M 01f4.N'1 � If44. 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Z > > > -1-4 r- AS x r 1 !R "I A • z -4 0 C-4) CA r- COUNCIL/RDA MEETING DATE: January 18, 2005 ITEM TITLE: Approval to Award a Contract to Pete & Sons Construction Inc. to Construct the La Quinta Downtown Lighting Program and Avenida Bermudas Sidewalk Improvements, Project No. 2003-07A RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Award a contract in the amount of $193,1 15 to Pete & Sons Construction Inc. to construct the La Quinta Downtown Lighting Program and Avenida Bermudas Sidewalk Improvements, Project No. 2003-07A; and Approve a transfer in the amount of $17,000 from the Handicap Ramps -Various Locations and $24,534 from the Sidewalk -Various Locations budgets to the Bermudas Sidewalk Improvements. FISCAL IMPLICATIONS: The following represents the project's approved funding and funding sources: Funding Source Account No. Amount S13821-Bicycle and Pedestrian Facilities 401-0000-335.14-00 $52,877 RDA Project Area No. 1 Funds (Sidewalk) 401-0000-391.00-00 $21,963 CDBG Funding 401-0000-391.00-00 $134,825 Subtotal: $209,665 Based upon the low bid in the amount of $193,199, the following represents the anticipated project budget: Construction: Design: Inspection/Test/Survey: Administration: Contingency: Total: $193,199 $16,000 $14, 000 $ 9, 000 $19,000 $251,199 19W As illustrated, a difference exists between the available funding ($209,665) and the anticipated project budget ($251,199) in the amount of $41,534. Funding is available within the City's budgets for Sidewalks -Various Locations and Handicap Ramps -Various Locations to cover this shortfall. Staff recommends that $17,000 be transferred from the Handicap Ramps -Various Locations budget and that $24,534 be transferred from the Sidewalks -Various Locations budget to the Bermudas Sidewalk improvements. CHARTER CITY IMPLICATIONS: None. Both components of the project include state or federal funding. Subsequently, the project was bid as a prevailing wage project. BACKGROUND AND OVERVIEW: The two project components include (Attachment 1): A. Downtown Lighting Program - installation of new light fixtures on new concrete foundations, pull boxes, and conduit on Avenida Bermudas and Desert Club Drive. B. Avenida Bermudas Sidewalk Improvements - installation of sidewalk improvements, curb ramps, signing, and striping from .Avenue 52 to Calle Estado. The Fiscal Year 2003/2004 Capital Improvement Plan (CIP) approved by the City Council on May 20, 2003 assigned RDA Project Area No. 1 funding toward miscellaneous sidewalk improvements to be identified on a project by project basis. On May 20, 2003, the City Council approved an SB 821 Program grant application in the amount of $59,880 for installing a sidewalk on the east side of Avenida Bermudas between Avenue 52 and Calle Estado. The City Council was informed that the total cost of the proposed sidewalk improvements was estimated at $74,850 and that the City's match would be funded with the RDA Project Area No. 1 Funds (Account Number 401-000-493-000) set aside for sidewalk improvements in the City's 2003-2004 CIP. On July 22, 2003, the City received notification that the Riverside County Transportation Commission (RCTC) approved $52,887 for installing Sidewalk Improvements on Avenida Bermudas. On December 16, 2004, four sealed bids were received for the construction of this project. Pete & Sons submitted the lowest responsive bid in the amount of $178,095. A detailed bid comparison summary is provided as Attachment 2. 2 �-� Contingent upon City Council approval to award the construction on January 18, 2005, the following represents how the project is scheduled to proceed -:- City Council Awards Construction January 18, 2005 Sign Contracts and Mobilize January 19 - February 18, 2005 Construction (60 Consecutive Calendar Days) February 21 - April 21, 2005 Project Close-out/Acceptance May 2005 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Award a contract in the amount of $193,1 15 to Pete & Sons Construction Inc. to construct the La Quinta Downtown Lighting Program and Avenida Bermudas Sidewalk Improvements, Project No. 2003-07A; and approve a transfer in the amount of $17,000 from the Handicap Ramps -Various Locations and $24,534 from the Sidewalk -Various Locations budgets to the Bermudas Sidewalk Improvements; or 2. Do not Award a contract in the amount of $193,1 15 to Pete & Sons Construction Inc. to construct the La Quinta Downtown Lighting Program and Avenida Bermudas Sidewalk Improvements, Project No. 2003-07A; and do not approve a transfer in the amount of $17,000 from the Handicap Ramps -Various- Locations and $24,534 from the Sidewalk -Various Locations budgets to the Bermudas Sidewalk Improvements; or 3. Provide staff with alternative direction. Respectfully submitted, Ti othy R. E. ubecCity Engineer Approved for submission by: l ' Thomas P. Genovese, City Manager Attachments: 1. Project Location Map 2. Detailed Bid Comparison Summary 3 12 ATTACHMENT Wo o� 4 O 4 1�8 ATTACHMENT 2 000000000000 gg0000000000 4)c00000ui00000Lo ,m00000r-mr-000m E O E vo'toLomr,LO0LD00 4uim N ON16 W Q o Lei m •- r' N N N N N N N N N N N fN 00000000000 g q q 0 q o o 0 0 0 0 v 0000qt IoOw0w0 n O d qt o't o 0 1 d to d Lo N N N N N N N N N N N N N LL LL Q Lc "i U. N J J J J fn C6 W (n J .J J d Lo E M Cm7 y W N N C C U C N N O Y E d y o 3 3 omc m 3 c° CLm 0 0 0` 0 a 10 j� G1 E (a U c a to N U O cn at N 2000U v.c-. p o N U U U U r �f- oUan a. a: =Z 04cnIio�Or- co, mC� qzs COUNCIL/RDA MEETING DATE: January 18, 2005 ITEM TITLE: Approval of a Professional Services Agreement with RBF Consulting to Prepare the Plans, Specifications and Engineer's Estimate of Probable Construction Costs for the Highway 111 Corridor Improvements from Adams Street to Jefferson Street, Project No. 2001-07A RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 0 STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement (PSA) in an amount not to exceed $252,800 with RBF Consulting to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Highway 111 Corridor Improvements from Adams Street to Jefferson Street, Project No. 2001-07A. FISCAL IMPLICATIONS: On December 7, 2004, the City Council approved a Memorandum of Understanding (MOU) M24-006, between the Riverside County Transportation Commission and the City for funding and joint development of Highway 111 Street Improvements from Adams Street to Jefferson Street. The MOU memorializes RCTC's commitment to allocate Measure A funding in an amount up to $1,860,635 toward street improvements within the State right-of-way on Highway 111 from Adams Street to Jefferson Street. Subject to its right to review and approve expenditures, RCTC will reimburse the City upon completion of the project or in accordance with the phased reimbursement schedule approved by CVAG. CVAG's phased reimbursement schedule allocates $100,000 during Fiscal Year 2003/2004, $100,000 during Fiscal Year 2004/2005, $96,101 during Fiscal Year 2005/2006, $400,000 during Fiscal Year 2006/2007, $500,000 during Fiscal Year 2007/2008, and $664,534 during Fiscal Year 2008/2009. Considering the project's local priority, the City Council chose to accelerate project activities by advancing the project's funding within the City's adopted Capital Improvement Plan for Fiscal Year 2004/2005. 1-)o The following represents the planning level project budget: Construction Engineering (Environmental Document/ROW Acquisition Services) Construction Management Construction Engineering Right -of -Way City Administration Sub -Total Contingency Total Planning Level Estimate $834,000 $252,800 $83,400 $64,635 $414,100 $41,700 $1,690,635 $170,000 $1,860,635 City administration costs and/or any costs for improvements outside the State right-of- way are not eligible for reimbursement of Measure A funds. The planning level budget will be further refined and adjusted to reflect more accurate cost estimates of the construction and right-of-way activities during the project development process. CHARTER CITY IMPLICATIONS: None. Since this project uses Measure A funds the project will be advertised with prevailing wage requirements. BACKGROUND AND OVERVIEW: The proposed improvements will widen Highway 111 to its ultimate General Plan configuration, from Adams Street to Jefferson Street. This segment of Highway 1 1 1 is partially complete to six lanes with raised curb median. The unimproved area measures approximately 3,890 linear feet. Improvements include installing one 12 foot travel lane, an 8 foot shoulder, curb and gutter, sidewalk, handicap ramps, traffic signal modifications and potentially acquiring 15 feet of right-of-way at select locations. On October 5, 2004, the City Council approved a Request for Proposals (RFP) to obtain professional engineering services to prepare the PS&E for the Highway 1 1 1 Street Improvements, and appointed a consultant selection committee. Proposals were received from nine engineering firms on November 15, 2004. After its evaluation of the nine proposals the Consultant Selection Committee chose to invite four of the engineering firms to interview. Interviews were conducted on December 17, 2004. Following the interview process the Consultant Selection Committee unanimously recommends RBF Consulting be awarded a PSA in the amount of $252,800 to prepare the PS&E, environmental and any necessary right of way acquisition documentation. RBF Consulting's scope, fee and schedule are presented, for the City Council's review, within the attached PSA (Attachment 1). 2 131 Contingent upon City Council approval of the design contract on January 18, 2005, the following represents how the project is expected to proceed: City Council approval of design contract January 18, 2005 Design February -August 2005 City Council PS&E approval August 2005 Project advertisement (30 Days) September 2005 Award of Construction Contract October 2005 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Professional Services Agreement in an amount not to exceed $252,800 with RBF Consulting to prepare the plans, specifications and engineer's estimate of probable construction costs for the Highway 111 Corridor Improvements from Adams Street to Jefferson Street, Project No. 2001-07A; or 2. Do not approve a Professional Services Agreement in an amount not to exceed $252,800 with RBF Consulting to prepare the plans, specifications and engineer's estimate of probable construction costs for the Highway 111 Corridor Improvements, from Adams Street to Jefferson Street, Project No. 2001-07A; or 3. Provide staff with alternative direction. Respectfully submitted, jblic othy R iass P.E. r re Wo/City Engineer Approved for submission by: /X�j Thomas P. Genovese, City Manager Attachments: 1. RBF Consulting PSA 2. Project Location Map 3 132 ATTACHMENT 1 / T cF' OF I9 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 RBF CONSULTING ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES -OF CONSULTANT 1.1 Scone of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to The City of La Quinta Highway 111 Corridor Improvements , Project No. 2001-07A as specified in the Scope of Services attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not Page 1 of 9 4133 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 Two Hundred fifty two thousand eighty hundred Dollars ($252,800.00) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. Page 2 of 9 5 134 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. Robert G. Ross, P.E., Vice President b. 'Brad Donais, R.C.E., Project Manager It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Steve Speer, P.E., Assistant City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or .other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. Page 3 of 9 1)5 0 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to, commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. 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 Page 4 of 9 7 136 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 Ownershir) of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from Page 5 of 9 137 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 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 Ri-ghts 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. Page 6 of 9 138 0 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 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 Page 7 of 9 1?3 10 writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 To Consultant: RBF Consulting Attention: Robert G. Ross, P.E. Vice President 74-410 Highway 111 Palm Desert, Ca 92260-4114 9.2 Integrated_ Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. Page 8 of 9 11 140 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Date: Thomas P. Genovese, City Manager ATTEST: APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT RBF CONSULTING By: Name: Robert G. Ross, P.E. Title: Vice President Date: Page 9 of 9 j/-T1 12 Exhibit A Scope of Services The project consists of preparing the Plans, Specifications and Engineer's Estimate (PS&E) Environmental Document and Providing right-of-way acquisitions services for the Highway 111 Corridor Improvements, from Adams Street to Jefferson Street. The Scope of Services to be performed by RBF Consulting, is attached and made a part hereof. Exhibit "A" 1 of 10 13 144 Exhibit "A" BASIC SERVICES Task I.0 Project Management, Coordination and Meetings RBF Consulting (RBF) will manage the project to its completion. As part of this management, RBF will meet and coordinate with the City, utilities, and other stakeholders to promote communication among the parties involved in an effort to facilitate early resolution of key project issues. The first significant coordination event will be the Project Kick -Off meeting with the La Quinta City Staff. RBF intends to hold monthly Project Team Meetings throughout the design process. RBF will prepare and maintain a schedule based on the critical tasks, determined by RBF and the City Staff, based on meeting the City's goal of initiating construction in 2005. The Project Schedule will include: Work items and deliverables identified in accordance with this Scope of Services as developed by RBF and approved by the City, The order, sequence and interdependence of significant work items including survey, engineering design, right-of-way acquisition and utility coordination/relocation, City and Caltrans review periods and other relevant project activities, Work items of agencies and other third parties that may affect or be affected by RBF's activities. RBF will prepare monthly status reports to update the City on the progress to -date, work to be accomplished in the next period, action items, and potential issues of a technical nature or with budget/schedule impacts. Along with the status reports, RBF will keep up to date and regularly distribute an Action Items list. Task 2.0 Research/InvestigationBase Data Review and Field Review RBF will research and review relevant documents including, but not limited to, previous project record drawings, utility plans, and right-of-way documents. In the preparation of this proposal, RBF has already performed a field review of the site and cataloged photographs of the existing conditions to help ensure the design conforms to the visible existing improvements. Task 3.0 Design Survey RBF will perform a detailed design survey to provide adequate base information to facilitate the engineering design of the project. General Topography: RBF will perform a detailed topographic field survey along the Highway 111 corridor from 600' west of La Quinta Drive to Jefferson Street. All Survey work will be in conformance with the State Land Surveyors Act and be performed under the direct supervision of a Licensed Land Surveyor. In order to minimize exposure to hazards for both the survey crew and public traffic, surveys conducted in high volume traffic areas will be performed with reflectorless technology. As a result of using reflectorless technology, lane closures and traffic -control are not anticipated to be needed for this work. Cross Sections: RBF will perform Cross Section Survey at 50' intervals of the existing roadway and intersections in the areas where widening will be required to accommodate the proposed 6-lane section as well as for all proposed double left turn lanes (6 locations). We anticipate the need to CON BULTINO Exhibit "A" 2 of 10 14 provide a cross section survey for approximately 3800 lineal feet of Highway 111. AutoCAD LDD format files will also be made available to the City for all topographic survey data collected for this project, including a digital terrain model (DTM) of the existing conditions and proposed design surface. Task 4.0 Utility Coordination RBF will identify, coordinate with, and obtain available utility maps from the utility companies within the project limits. RBF will prepare a preliminary utility plan which will include all utility location information as provided by the utility companies. RBF will send this plan to the utility companies within the project limits with a request for review and verification of their respective facilities and any other project specific information. RBF will monitor all responses from the received utility notices, make recommendations for mitigating utility conflicts, and provide written responses to utility companies with regard to stated concerns. Unresolved issues will be brought to the City's attention as the project team continues to work toward a solution. All utility conflict issues will be resolved prior to the completion of the design plans as follows: a. If utilities are required to be relocated, the City will provide the prior rights determination. RBF will request that the owning utility company provide a written acknowledgment of the conflict and a commitment to make necessary adjustments or relocations upon receipt of a written directive from the City. RBF will request utility relocation plans from the affected utility companies. b. In order to avoid potential project delays, RBF will make reasonable efforts to accommodate utility company requests for minor design changes to accommodate their facilities. All above ground and underground facilities for which the utility companies provide information, will be shown on the project improvement plans. All known utility conflicts will be shown on the plans with construction notes indicating action to be taken and by whom. The plans will show all poles, with pole numbers, within the project limits. Task 5.0 Concept Plan RBF will prepare a layout depicting the proposed corridor improvements. The plan will consist of sheets showing all proposed horizontal geometry modifications to Highway 111. The Concept Plan will include sidewalk (only along the La Quinta RDA property west of Dune Palms Drive), widening (to its ultimate General Plan configuration), right turn bays (at major intersections) and double left turn lanes (at westbound La Quinta Drive, both east and westbound at Dune Palms Drive, both east and westbound at Depot Drive and eastbound at Jefferson Street). The Concept Plan will also show the proposed striping necessary to complete the 6-lane section. This plan will be submitted to the City for review and comment prior to RBF moving forward with the final construction plans. The Concept Plan will be prepared on 36" wide roll format. Deliverables: Concept Review Plan (3 copies) Task 6.0 Preliminary Construction Cost Estimate Concurrently with the submittal of the Concept Plan, RBF will prepare a preliminary estimate of construction quantities and costs for the entire project utilizing RBF's cost data from recent similar projects and data from the current edition of Caltrans Contract Cost Data book. Deliverables: Project Preliminary Cost Estimate (2 copies) caMoULTIV40 Exhibit "A" 3 of 10 Task 7.0 Final Roadway Design /Plans Following the City approval of the Concept Plan, RBF will prepare roadway improvement plans in accordance with the City of La Quinta Street Plan Review checklist and Caltrans Standards. This task includes, but is not limited to, the preparation of the following plan sheets: A. Project Title Sheet along with pertinent notes and location maps. B. Typical Sections for the roadway at intervals that adequately represent changes in roadway cross-section. The typical sections will identify existing and proposed improvements. C. Construction Details for items such as curb ramps, curb & gutter transitions, and other items as necessary to provide the Contractor with adequate information to properly construct the roadway. Construction Details will also include Construction Staging Plans for Caltrans approval of the encroachment permit. D. Layout Plan and Vertical Profile Sheets for all roadway improvements. The street layout plans will also include removals and grading requirements based on the approved geometry. For the purpose of the budget, we anticipate all of the improvements listed under Task 5.0 with the exception of the eastbound double left turn lane at Jefferson will be included in the final roadway design. The double left turn lane will be listed in Exhibit `B" — Fee Schedule as an Optional Task. E. Signing and Striping Plans for all necessary traffic signing and striping along State Highway 111 and for the intersecting streets. The plans will be prepared in accordance with the City's and Caltrans' latest Standard Plans and Specifications. F. Traffic Signal Modification Plans are anticipated for the existing signalized intersections at La Quinta Center Drive, Dune Palms, and Home Depot Drive. The three signal modification plans will include the relocation of 4 signal poles, two each at the Dune Palms Road and Depot Drive intersections, the possible replacement of the mast arm at the La Quinta Drive, Dune Palms Road and Depot Drive intersections to accommodate the double left turn lane, and the replacement of the loop detectors at the three signals specified previously. The plans will be prepared in accordance with the City's and Caltrans' latest Standard Plans and Specifications. The Exhibit `B" — Fee Schedule will list the signal modification at Jefferson Street for the possible double left turn lane as an Optional Task. G. Roadway Storm Drain Improvement Plans / Hydrology and Hydraulics Report. RBF will prepare a localized, design level hydrology analysis for this roadway segment to determine proposed and ultimate design flows within the proposed street right-of-way to verify that the 10-year storm will not exceed curb height and the 100-year storm will not exceed the right-of-way. Street hydraulic analysis will be performed to evaluate flooded width requirements. A hydraulic analysis to determine the hydraulic grade line of the proposed storm drain improvements will be performed, and plan and profile construction drawings based on City standards for storm drain and associated laterals to connect new catch basins to the existing system. RBF engineers anticipate the design of no more than six (6) temporary retention basins and associated catch basins (6) and lateral connections for this project. A final hydrology/hydraulics report summarizing all pertinent design criteria and calculations will be provided to the City. Deliverables: Final Hydraulics Report (2 copies) CONSULTING Exhibit "A" 4of10 16 H. Cross Sections: RBF will prepare cross section sheets for the roadway sections that will be widened in addition to the design of the 5 double left turn lane and 4 right turn lanes. These cross sections will be necessary in the Caltrans permit review and approval process. Deliverables: 90% Plan Submittal (6 copies -11 "x17", 2 copies 24'x36') 100% Plan Submittal (6 copies -11 "x17 ", 2 copies 24' x36') Final Plan Submittal (1 copy -11 "x17 ", 1 Mylar 24' x36 ") Task 8.0 Final Quantities and Construction Cost Estimate RBF will prepare quantity calculations and construction cost estimates in accordance with City requirements utilizing current edition of Caltrans Contract Cost Data book and RBF's local project bid summaries database. The final engineers estimate will be prepared using a Microsoft Word template provided by the City. Deliverables: 90% Plan Submittal Estimate (2 copies) 100% Plan Submittal Estimate (2 copies) Final Plan Submittal Estimate (2 copies) Task 9.0 Special Provisions and Bid Descriptions For the specific construction requirements of the project, RBF will prepare special provisions in the City's format using Caltrans' Standard Special Provisions (SSP's) as a basis for the technical content. The special provisions will be based upon the July, 2002 editions Caltrans Standard Specifications and Standard Plans. In addition, RBF will prepare a bid item description, listing all of the construction bid items proposed for the project. Deliverables: 90% Plan Submittal Spec (2 copies) 100% Plan Submittal Spec (2 copies) Final Plan Spec Submittal (2 copies) Task 10.0 Caltrans Permit and Coordination With an estimated construction cost of less than $1 million, RBF anticipates Caltrans' approval of this Categorically Exempt project (see Task 16.0) through the Encroachment Permit process. RBF will prepare the encroachment permit application on behalf of the City of La Quinta and coordinate the submittal of all relevant project information needed to support the preparation and approval of the Permit Engineering Evaluation Report (PEER) by Caltrans' staff. To avoid impacts to the Project Schedule, RBF will coordinate a critical review of the Concept Plan and Preliminary Cost Estimate with Caltrans to verify that the PEER is the appropriate project approval document. Task 11.0 Bidding Assistance RBF will be available to assist the City of La Quinta in answering contractor questions throughout the bidding and award process. If requested by the City, RBF will also be available to provide technical support for revisions to the plans as a result of the bidding and/or award process. FW... CONSULTING Exhibit "A" 5 of 10 17 146 Task 12.0 Legal Descriptions, Right -of Way Maps and Exhibits RBF will prepare an overall right of way map showing the parcels adjacent to the project area as well as listing pertinent project information. RBF will review ' the Title Reports provided by the Title Company and prepare legal descriptions, temporary construction easements, right-of-way maps and exhibits depicting additional right-of-way and easements required for construction of the Project. Cost for title reports is included in the reimbursable budget. RBF will prepare 13 legal descriptions and exhibits for the road right of way, temporary retention basins and billboard relocation. The 13 legal/exhibits includes five (5) road right of way, six (6) temporary basin easement, one (1) landscape easement (Hammer/RDA) and one (1) for potential billboard relocation. Task 13.0 Appraisal Activities Overland Resources, as a sub -consultant to RBF, will prepare all required notification letters to the property owners, site studies, highest and best use analysis, market research and verification, valuation analysis and report preparation associated with appraisal of proposed acquired property. Reports submitted will comply with the Uniform Standards for professional Appraisal Practice and the Uniform Act. They will be suitable for pre-eminent domain activities up to the point of service of process by the City Attorney. This scope covers appraisal activities for one (1) road right of way acquisition and one (1) temporary retention basin easement (Mannino). The Optional Tasks will include full appraisal activities for the additional 4 parcels. Task 14.0 Acquisition Activities Overland Resources, as a sub -consultant to RBF, will prepare all offers to purchase, including the statements of just compensation and appraisal summaries, presenting each owner with the City's offer to purchase the necessary right of way, conducting iterative negotiations with each property owner or representative to identify issues and barriers to reaching settlements (if any) preparing and modifying (as necessary) all right of way agreements, deeds and escrow instructions, coordinating the escrow activities, providing the City Attorney with a complete acquisition/negotiation package to assist in the condemnation action, providing regular status reports of acquisition progress, and attending regular management meeting as deemed necessary. This scope covers acquisition activities for one (1) full road right of way acquisition and one (1) temporary retention basin easement (Mannino), and coordinate dedications on four (4) other parcels (Kessler, McCune, Komar and Mazzella). The Optional Tasks will include full acquisition activities for these four (4) additional parcels. Task 1 S.0 Geotechnical Studies Sladden Engineering will provide geotechnical information for use in the design and construction of the pavement for the proposed Highway 111 Corridor Improvements, along with recommendations for the construction. Field Investigation The field investigation will include the excavation of 8 to 10 shallow borings (3-5 feet in depth). The shallow borings will be excavated with hand equipment. Disturbed samples will be obtained with in the borings for laboratory testing. caNauLTING Exhibit "A" 6of10 18 141 7 Laboratory Testing Laboratory testing will be performed on soil samples to determine soil characteristics and pertinent engineering properties that should be considered in an engineering evaluation. Testing will include soils classification determination, in -situ density and moisture content determination, maximum density/optimum moisture determination and R-Value determinations. Formal Report A formal report will be prepared summarizing our findings. The report will include descriptions of our field and laboratory procedures and results, discussions regarding the engineering evaluation methods and results, and recommendations. Recommendations will include general site preparation criteria and pavement design parameters. Task 16.0 Environmental Compliance Based upon our understanding of the proposed project, current California Environmental Quality Act (CEQA) regulations, and significant experience with District 08, RBF has also determined that the appropriate "class -of -action" or level of environmental analysis and documentation appropriate is a Categorical Exemption (CE) for CEQA. Our work program has been designed to provide the necessary technical analysis to also support the project's encroachment permit for construction. Environmental Documentation Consultant will initiate the environmental process through the completion of a Historic Resources Compliance Report (HRCR), an Initial Site Assessment (ISA), and Biological Constraints Survey for the project area (refer to Task 1.2, 1.3, and 1.5, below). These studies will provide sufficient disclosure relative to sensitive environmental resources to allow the District to approve an encroachment permit for the project. The remaining tasks identified below, combined with the HRCR, ISA and Biological Constraints Survey shall be completed following Caltrans environmental procedures and provide vital supporting information for the conclusions rendered in the environmental checklist for the project's encroachment permit for construction. A. Screening Level Acoustical Evaluation Consultant will prepare a standalone Screening Level Acoustical Evaluation consistent with the Caltrans Traffic Noise Analysis Protocol (CATNAP) to indicate that detailed noise modeling would not be required based on the lack of sensitive receptors within the immediate project area. Potential construction -related noise impacts, including typical noise levels from standard construction practices will also be addressed within the evaluation. Should a formal acoustical analysis be determined necessary, Consultant will provide a fee estimate to perform such services. B. Historic Resources Compliance Report Cultural Resources Records Search. Consultant will obtain a cultural resources records search from the Eastern Information Center (EIC) at University of California, Riverside. The EIC is the state - designated repository for records concerning cultural resources in Riverside County. The records search will provide information on known cultural resources and on previous cultural resources investigations within one mile of the project. Data sources that will be consulted at the EIC include archaeological site and artifact records, historic maps, reports from previous studies, and the state's Historic Resource Inventory (HRI) for Riverside County, which contains listings for the National Register of Historic Places (NRHP), California Register of Historic Resources (CRHR), California Historical Landmarks (CHL), and California Points of Historical Interest (CPHI) properties. The County of Riverside's Historical Sites Inventory will also be consulted. co M8"TIN13 Exhibit "A" 7 of 10 19 1ti8 In accordance with Caltrans guidelines, Consultant will augment the records search by contacting the Native American Heritage Commission (NAHC) in Sacramento regarding the potential for special Native American resources near the project area. The NAHC will be asked to provide a list of Native Americans in the local area who may be contacted in regard to resources in the vicinity. Consultant will also contact the local Historical Society in regard to the potential for resources not identified in county or state inventories. Responses from the NAHC and historical societies will be appended to the technical report. Archaeological Field Survey. Consultant will conduct a reconnaissance archaeological/historical field survey of the project area. Any and all soil exposures will be visually examined for evidence of prehistoric (Native American) or historic (non -Native American) archaeological materials. The general area of the project will also be examined for other potential historical resources such as buildings, structures, bridges, or walls. Any previously unrecorded resources identified during the survey will be recorded on State of California DPR 523 forms to meet Caltrans and Office of Historic Preservation (OHP) standards. Technical Reports. In accordance with the Caltrans Draft Environmental Handbook, Consultant will prepare two (2) technical reports meeting recommendations for non-federal, CEQA-level projects. These will include a Historical Resources Compliance Report (HRCR) and a (Negative) Archaeological Survey Report (ASR). DPR 523 forms for any archaeological or historical resources identified within or directly adjacent to the Project Study Area (PSA) will be included as a Confidential Appendix to the technical report (not for public distribution). In accordance with the Draft Environmental Handbook, Consultant will prepare a Project Location Map (Exhibit 1), Project Vicinity Map (Exhibit 2), and Project Study Area (PSA) Map (Exhibit 3) for the HRCR and ASR. Because of the relative simplicity of the project, an aerial photograph of the project area can be used as the base for the PSA Map at a Caltrans-recommended scale of between 1" 100' and 1" = 400' (commonly 1" = 200'). C. Initial Site Assessment Consultant will prepare a Phase I Initial Site Assessment (ISA) in accordance with ASTM Standard Practice 1527-00 and the Caltrans Project Development Manual to determine if the proposed project area has been compromised by hazardous materials or wastes. Field samples and laboratory analysis are not proposed, although they will be recommended where appropriate. D. Air Quality Assessment Based upon existing and future (2030) traffic projections provided by the client, Consultant will prepare the necessary air quality analysis and conformity documentation for the proposed Project. The analysis will be based on Caltrans requirements and guidelines and requirements of the South Coast Air Quality Management District (SCAQMD). Consultant will discuss potential project short - and long-term impacts upon climate and air quality, focusing on temporary construction dust and exhaust emissions, and long-term emissions associated with daily vehicle travel. Specifically, the analysis will address the following: Regional Conformity/Project Consistency Determination. Consultant will perform a review of the project's consistency with the. SCAQMP AQMP to determine if the project meets Federal Conformity requirements as set forth by the Clean Air Act (CAA) Amendments. Consultant will coordinate with the Southern California Association of Government (SCAG) to formally verify that the project is included within the currently conforming Regional Transportation Plan (RTP) and Regional Transportation Improvement Program (RTIP). Exhibit "A" 8 of 10 20 Short -Term Construction Impacts. Consultant will discuss potential project short-term impacts upon climate and air quality, focusing on temporary construction dust and exhaust emissions. This Section will also include a comprehensive analysis evaluating construction equipment and worker vehicle - related emissions for the project construction phase. The construction emissions will be calculated using the URBEMIS2002 computer model, which is based on the generation factors adopted by the California Air Resources Board (CARB). The project will then be compared to the established pollutant thresholds for the Salton Sea Air Basin (SSAB) to determine if thresholds are exceeded and mitigation is necessary. For those thresholds, which are exceeded, Consultant will recommend mitigation measures based on the criteria provided in the URBEMIS2002 model with the intent to reduce any potential impacts to less than significant levels. The reduction of emissions from implementation of mitigation measures will be quantified in the study. Operational Analysis. The Carbon Monoxide (CO) analysis will be based on requirements of the SCAQMD, as well as consultation with Caltrans Staff. In addition, the information prepared will be consistent with the Transportation Project -Level Carbon Monoxide Protocol, revised December 1997, prepared by the Institute of Transportation Studies, University of California, Davis. This Protocol establishes a set of procedures used by Caltrans to address local project level air quality impacts. Long-term operation of the proposed project would be expected to improve air quality since the purpose of the project is to relieve future traffic congestion. RBF staff will perform a screening -level analysis according to the Carbon Monoxide Protocol to verify exemption of regional and local CO emissions quantitative analysis. A technical memorandum will be prepared detailing the methodology and conclusions of the screening -level analysis. Should the screening analysis indicate the need for a formal CO hotspots analysis, RBF will provide a separate scope and fee. PM10 Qualitative Analysis. Consultant will prepare a qualitative level PM10 evaluation consistent with Caltrans PM10 protocol requirements for operational emissions. This section will be completed detailing the methodology and conclusions of the screening -level analysis. E. Biological Constraints Survey Consultant will prepare a Biological Constraints. The analysis of the impact area of the proposed project will include a review of the available information regarding the project site and other documents as appropriate. A literature review will be conducted to identify special status species listed by the state, federal, and local resource agencies and organizations, and have potential to occur on the project site that may be subject to direct and indirect impacts of project implementation. A general walkover survey will be conducted. Vegetation types will be mapped to identify and describe the extent and distribution of various vegetation types on the project site, including any special status vegetation types. A description of the existing quality and species composition of the vegetation types on the project site will be compiled based upon observations and field notes taken during the survey. A representative listing of plant and wildlife species that occur on the project site will be compiled in the field notes during survey observations. Focused surveys for special status plant and wildlife species are not included within this scope of work. The report will make recommendations as to which species may require additional surveys based on the concerns of state, federal and local resource agencies, and the presence of suitable habitat on the project site. Upon completion of the field survey, a detailed letter report will be developed based on the results of various biological surveys, analysis, and data compilation described above. The report will describe: (1) the methodology used to conduct the biological survey; (2) the existing vegetation types and associated wildlife resources on the project site; (3) the potential of the site to support special status CONSULTING Exhibit "A" 9 of 10 21 �� biological resources; (4) potential direct and indirect impacts on the biological resources; and (5) conceptual mitigation options. This scope assumes one version of the Biological Constraints Survey. Additional versions of the report will be billed on a time and materials basis. F. Categorical Exemption (CE) Consultant will prepare and process a Categorical Exemption (CE) through Caltrans as directed in Chapter 6 of the Caltrans Local Assistance Procedures Manual. Deliverables: Acoustical Screening Analysis HRCR Initial Site Assessment Air Quality Assessment Biological Constraints Survey Categorical Exemption 1 Coordination of Environmental Review and Meeting Attendance RBF will be responsible for management and supervision of the Environmental Review as well as consultation with the City and Caltrans. In addition, RBF will undertake consultation and coordination of the project with State and local agencies regarding the environmental documents and review the Environmental Studies for compliance with CEQA requirements. This Task assumes attendance at Project Development Team (PDT) Meetings (limited to 3 meetings) at Caltrans District 8 Headquarters in San Bernardino, and one (1) field review meeting at the project site. Additional meetings shall be billed on a Time and Materials basis. OPTIONAL SERVICES Task A Eastbound Double Left Turn Lane at Jefferson Street If authorized by the City, RBF will prepare final roadway design plans, including plan/profile and signal modification plan sheets to be included in the overall construction plan set. This activity will also include coordination with the City of Indio on the proposed roadway geometry change within the City of Indio. Task B Full Right of Way Services Following authorization by the City, RBF in coordination with Overland Resources will provide the services listed in Tasks 13.0 and 14.0 of the Basic Services for four (4) parcels, Kessler, McCune, Mazzella and Komar, currently anticipating obtaining through dedications. Task C Billboard Relocation Activities If authorized by the City, RBF in coordination with Overland Resources will provide appraisal and relocation services for the Billboard located on the south side of Highway I I I on the Komar property. CONNULTINO Exhibit "A" 10 of 10 t� 22 Exhibit B Schedule of Compensation Payment shall be in full at the rated 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 Two hundred fifty two thousand eight hundred dollar. ($252,800.00) except as specified in Section 1.6- Additional Services of the Agreement. The total not to exceed contract fee includes the following: Basic Contract Services Roadway Design $158,100 Right of Way Services $ 16,800 Environmental Services 24,200 Subtotal Basic Services: $199,100 Contract Budget to reimburse Direct Costs': 11,000 Subtotal Basic Services plus Reimbursable Expenses: $210,100 Optional Services2 Roadway Design Services $10,400 Right-of-way services $25,600 Billboard Relocation 6,700 Sub Total Optional Services: $42,700 Grand Total Not to Exceed Contract Amount. $252,800 ' Eligible direct costs shall be billed at cost plus 5%, up to the budget amount. 2 The optional services described above shall nor be initiated without the expressed written authorization of the City Engineer or designated representative. Exhibit "B" (2 pages) 23 4:-r) m o 0 0 $ o $ o 0 0 0 0 $ g $ $ $ $ $ $ $ $ $ 8 $ $ S2 S 0 N 0 4► h d: 1� OD M to O O M �t f� CO CO N 1� I� r' 1� t0 CO O O q ~ N O CA N M N O— CO N-t In N IA W— N N f0 O — Co N M M cA M M M r N � N co O E 0 CM N— N F M L W H H H H H H H EA 69 H H H H H H H H H H N H H H N H H H H H H H N W y N M O $ $ C ;a O N ' M LO ch to CD Z „ u m 7 =j U) e w m u c7 H N H H H w cc m G ° a o M w o :° c'n c � � o c m ' _ N O O (O N N O CO CO N O ~ N W w L rN CO to M COO NN CNO N I� cV L C � C � y W _ C O ` a. a+ y co co CO v N 1w N v O cA O c� O U) w d 0 w N N r' v N M N c 0 0, a = W V r- � e- � .- (G N CO M N N � � r• � r' � O m co N W r. CO NIM w r- O N w cq w N N N w O N w O� w CO CO N CO co O N N V 41 O C a` 1° N N N Im a N n r c U a c 3 c c m _D U. w K c m w C) E w �_ c p m 3 t w m w w c 8 M E 2 T U C) E FL C) � e m T N O cc ow y _a c_ a o L o 2 0 o (� 3 f'na mE o U a y 0) m E c�� 02 • o m o g v m Qd EX`m U s m a 0occ ; yw" oo a ao = m cc c Cy m m LD v Ec tm N Cp (U a dy => c CC U 0 CM C p 8EL Z m m >1p p N m a ma cEp > ° Uo Uy_o> v mUwa. (A°° tMI ° 2 Lu CL wcouU C61Li6i LC U. : U. co -gel aoc6uiiic7 Y o 0 o c o N H ego O CD O O O O O .R Oco of 0 0 0 c W" I I L-L ci ri v ui cc 24 1 3 U) J a m W N Q J Z 0 a O N Z W w 2 W W LL' O G � Q IL � O G 2 � W O Q � w3 c2 S �L S m � co F ;! LL W is �n ui is tr3 � o to c ado ago a~o w ui ui ui ui co a c u 400�1 09, 40 40 m 3 Z � v C = v N O ~ �O C � � L c _ W c N m � m a � c a W 0 e a c W m O W a � m a r c V a c d C W U. it � U. m 12) � J C Ln � w e o CA J 00 a m ti Q° a o- o U. c u a 0- a m W LO E y y L v N C� o J m o a a o Y Y i g N c c Q m (i U 190 O W Li = W d' m 25 1; Exhibit C Schedule of Performance Consultant shall complete all services within Two hundred Seventy three calendar days (273) days of the date of this Agreement. The consultant's project schedule is attached and made a part of this agreement. Exhibit "C" (1 page) *� 26 H W O a z W 2 WQ H viz IL mpg = o �o� oc � 0 C.) r r r a 3 Q FE $ w !CO h c a 10 IOU v to d x W a $ 3 m o o 2 N >> 01 a E u C a o°c O! lK a Ca a o p C C o > C w co a D m 06 a 40 v a r: m L O C a ^. a m c a ca= o m c „.. a m cc m O a U cc m L oc 0 m 0 r Ll g.,..,...... .......................................... .........,...................................... ........................................................................ ... ............................... ................ ......... ........... _.................... .......... _.,_..... ....... ..... ...•.............. _,.._.,..... ............ .................... _..•...._ ... .................... N ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 0 z c m � c IL O •• c o a m c c Im c m L m mm V w fA c r m? . O C o m p _ E C w € o� oac ~10 O •d °o H v R .E O 0 V O V m m C� 3 m m cmNa C m m 3 c w C a O a mm a CL 4 Xm O► 3 m m m m 2a O m m Xuc 3 CI m m co am ~ IA o > m c �, a Y t c ica3O m m m oc m w cc a m m cz m c O m r- N M co G� r- N M .t Lo co f� CO O) •- O N N N N M NN to FC4 N h�- N LO g N 0 z J m Oo C U- �- �U- 10 6 27 Exhibit D Special Requirements None 28 1J7 ATTACHMENT 2 —j L ,L33H18 Nosm�r r__ wnuq T n Ha 10-M II � li 9i 4 pill au SPIIVd Y.Uftjo Y7 = / I/t :5 ® L-- o 1 1S SNIYQI/ V 28 1-08 COUNCIL/RDA MEETING DATE: January 18, 2005 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 32201, Desert Shells Estates, Choice Enterprise Real Estate and Investment Co., Inc. 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. 32201, Desert Shells Estates, Choice Enterprise Real Estate and Investment Co., Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 32201 is generally located north of Avenue 60 and west of Madison Street (Attachment 1). This residential development will consist of 24 dots; on approximately 7.8 acres (Attachment 2). On July 20, 2004, the City Council approved Tentative Tract Map No. 32201. 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 the associated securities and all signatures will be in place within the time allowed for its conditional approval. 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 (February 17, 2005), 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. 32201, Desert Shells Estates, Choice Enterprise Real Estate and Investment Co., 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. 32201, Desert Shells Estates, Choice Enterprise Real Estate and Investment Co., Inc.; or 3 Provide staff with alternative direction. Respectfully submitted, Ti othy ona n, P.E. ublic Wo s Dire tor/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 2 160 RESOLUTION NO. 2005-(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. 32201, DESERT SHELL ESTATES, CHOICE ENTERPRISE REAL ESTATE AND INVESTMENT CO., 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 32201 is conditionally approved provided the subdivider submits all required items on or before February 17, 2005. 3 161 Resolution No. 2005- Tract Map No. 32201, Desert Shell Estates Adopted: January 18, 2005 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 February 17, 2005. 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 18th day of January 2005, 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 1 C) Resolution No. 2005- Tract Map No. 32201, Desert Shell Estates Adopted: January 18, 2005 Page 3 ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. 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T�A.� O!� T � "•. �NC:1�A•••1 �l AN�T4iQti� w1M1 In ti ei`-Yv •��„��=�hr•�r!•o••.?•`1 !S�T'1gTh�lTq�q^•��• AA�h pp yy�� jj�� h• 7� !'• t- h Y• Tp r h N h a M H� 0 0'� N� O O� � A M� ry� d O O v w P• b�� h O tl� 0 O. 0+� � aa•�a-A00000S C�a z�i.vui, '$aA,s%uvvvvvvvvvvc'�2'it��iiu Slt -it Ilk ��i��i`uvvua*uuuuc`i A. ZIP• 2t... �o v � '•f � � b S ►rlcc iv��.w •o%.��n�'ppT ti ANh�•O h'1q q0•� yf Ati00O �•O ti0►��h1'h'1 bl„bWi•..iWW3�•., kl •ph'�'•^qA` .71 Tr wo•ia (f�� 1!••qq.tir �rtrr �+rq a• Mgr� `V P1 roo {qit►, ipbp`qq� ypp1 7qq► pp pph N Q eN6gOb Nb6��M1� L L L t L L LL L L L >< b J Z K lie ATTACHMENT3 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT' MAP NO. 32201 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made. and entered into this day of by and between Choice Enterprise Real Estate and Investment Co., Inc a California der," and the City of La Quinta, a municipal corporation of Corporation hereinafter referred to as "Subdivi 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. 32201 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"), B. Prior to approval of the Map, Subdivider, is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation. of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall fumish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit. "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be' as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by. Subdivider; hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be ' provided by Subdivider, .hereinafter referred to as "payment security," shall assure the payment of the cost .of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall fumish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition -to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including T-Trojeot Development DivisionDevd0l)ment ProoctsV►greements%SIA1SIAs in Progress0esert Shells 322MONSI TE_SIA.doc 10 168 reasonable attorneys fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at Citys 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 Citys name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office).. 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to cant' out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state,. on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall ILT- Paid .169 T:\Project Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Desert Shells 32201\ONSITE SIA.doc separately for each different form, and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows:. 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and . 4) of SECTION 313., 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 thl Ind ►� l T:Wrojed Development Division\Development ProjectskAgreements\SIMSIAs in ProgressZesert Shells 32201\ONSITE SIA.dx of the one-year warranty period, there are one or more outstanding requests by City for performance of , work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When 'the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned .by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 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 13 171 T:Troject Development DivisionOevelopmeM Projects%greements%SIAZIAs in Progress%Desert Shells 32201%ONSITE_SIA.doc by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, -who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Imgrovement 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 attomeys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or, condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severabilily. 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. 14 w T-.V),n ed Development Division\Development ProjectsAgreements\SIA\SIAs In Progress\Desert Shells 322MONSITE SIA.doc ' B. .The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing Party F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. 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 Mr. David Saccullo Choice Enterprise Real Estate and Investment Co., Inc. 74-923 Hwy 111; Ste 14 Indian Wells, CA 92210 By: Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date /2 3i d Date Date 15' 173 TAProject Development Divisicn\DevelOpment Projects\Agreements\SW\SWs in Progress\Desert Shells 32201\0NSITE_SIA.doc Exhibit A ON -SITE SECURITY — TRACT MAP NO.32201 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 $ 43,410 $ 43,410 Street Improvements $ 72,770 $ 72,770 Storm Drain Improvements $ 18,780 $ 18,780 Water Improvements $ 44,210 $ 44,210 Sewer Improvements $ 42,780 $ 42,780 Electric Improvements $ 60,000 $ 60,000 Monumentation $ 7,500 $ - Totals $ 289,450 $ 281,950 Standard 10% Contingency $ 28,950 $ 28,200 Total Construction Cost $ 318,400 $ 310,150 Professional Fees, Design 5% $ 15,920 $ 15,510 Professional Fees, Const 10% $ 31,840 $ 31,020 No Plans Contingency 15% $ 47,760 $ 46,520 Bond Amount $ 413,920 $ 4039200 16 174 T.\Project Development Division\Deveioprnent ProjectsWgreements\SIA\SIAs in Progress\Desert Shells 32201\oNSITE_SIA.d0c ALL PURPOSE ACKNOWLEDGMENT STATE OF C ORNIA } COUNTY OF personally appeared, personally known to T9.4or prov6d to me on the basis of satismctor3 evidence) to be the sons) 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 OFFICIAL sM which the person(s) acted, executed the Instrument. K. WENGER (This area for official notarial seal) WITNESS my hand and o cial seal. Signature ATTENTION NOTARY: though the attachment of this certifi to to another THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT. COMM �136838� • Notary Public - California � RIVERSIDE COUNTY ,..► My Commission�1r� AUGUST S, 2006 requested below is OPTIONAL, it could prevent fraudulent Title of Document Type Number of Pages Date of Document Signer(s) Other Than Named Above 17 17 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 32201 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 by and between Choice. Enterprise Real Estate and Investment Co., Inc, a California Corporation hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 32201 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the Califomia Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the. Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall fumish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or. Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City in successfully enforcing the obligations thereby secured. T-Troject Development DivisicnOevelgmwt ProjedsWgcee►nents�S1A�SIAs in Progres5lDesert Shells 32201WFFSITE_SIA.doc 176 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters .of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of .three (3) Mimes 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 +7 TMkojed Development Division0evelopment Projftft%AWeertwts%SIAMAs in progressxDesert Shells 3220WFFS1TE SIA.doc 19 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 20 T.Trojed Development Divisionm3evelopment Pr*ctsV4yeementsN.S1A%S1As in ProgressZesert Shells 3=1\0FFSITE SIA.doc security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactoryto 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. T.\Project Development Division\Development Proleas0greements\SlA\S1As in ProgressZesert Shells 32201OFFSITE_SIA.doc 21 , .� upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence, sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the. obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorneys fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attomeys' fees.- 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in- the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and, sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. 1�0 T:VPr W Development DivisfonOeve"Xnent Projcct5\Agmrnent9NSIA\SIAs in Progressoesert Shells 32201\OFFSITE SIA.doc 22 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 92247 760/777-7075 Thomas P. Genovese, City Manager ATTEST: Date City Clerk Subdivider Address: Mr. David Saccullo Choice Enterprise Real Estate and Investment Co., Inc. 74-923 Hwy 111; Ste 14 Indian Wells, CA 92210 By: Date Title: O W AJe /Z By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date T*%PrWd Development Divisionoevelopment Projects1AgreementskS1AZ1As in Prog m%DesW Shdls =J2 OFFSITE %kdoc 23 Exhibit A OFF -SITE SECURITY — TRACT MAP NO.32201 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Street Improvements Water improvements Sewer Improvements Meandering Sidewalk (8ft) Perimeter Wall Landscaping Totals Standard 10% Contingency Total Construction Cost Professional Fees, Design 5% Professional Fees, Const 10% No Plans Contingency 25% Bond Amount Performance $ 119,940 $ 61,690 $ 304,940 $ 10,000 $ 83,720 $ 47,670 $ 627,960 $ 62,800 $ 690,760 $ 34,540 $ 69,080 $ 172,690 $ 9679070 Labor & Materials G� 119,940 61,690 304,940 10,000 83,720 47,670 627,960 62,800 690,760 34,540 69,080 172,690 9679070 182 24 T:1Projed Development Divisicn0eveloprnent Pr0jectsVl9reements\SIA\S1As in Progress0esert Shells 32201\OFFSITE_SIA.doc ALL PURPOSE ACKNOWLEDGMENT 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 OFFICIAL sal. signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the Instrument. Notary Public (This area for official notarial seal) WITNESS my hand and cial seal. Signature K. WENGER - Calitnmia �...��....�,, COMI�.� �1358387 ' ° � RIVERSIDE COUNTY My Commission o� �. rns aucusr s, � ATTENTION NOTARY: though the �tion requested below is OPTIONAL, it could prevent fraudulent attachment of this certi cate to another document. THIS CERTIFICATE MUST BE ATTACHED TO Title of Document Type THE DOCUMENT DESCRIBED AT RIGHT. Number of Pages Date of Document Signer(s) Other Than Named. Above 25183 COUNCIL/RDA MEETING DATE: January 18, 2005 ITEM TITLE: Acceptance of Project Number 2004-02, Traffic Signal LED Lamp Retrofit RECOMMENDATION: AGENDA CATEGORY BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve an appropriation of funds in the amount of $36,217.28 from Gas Tax state revenues (Account No. 201-0000-290-0000) to Project No. 2004-02 for Contract Change Order No. 5 and project close-out costs; and Approve Contract Change Order No. 5 (Attachment 1) in the Amount of $10,000 for an early completion incentive bonus as provided in the project specifications; and Accept Traffic Signal LED Lamp Retrofit, Project No. 2004-02 as 100% complete; and Authorize staff to release retention in the amount of $19,218.12, 35 days after the Notice of Completion is recorded. FISCAL IMPLICATIONS: The original budget for this project was $150,000. Design of the project totaled $2,465.82. ' A construction contract was awarded to Republic Electric for $133,840. At the time of award, funds were not allocated for the early completion incentive bonus, inspection, or contingencies. Contract Change Order Nos. 1 through 4 increase the original contract amount by $48,341.15. The following represents a final accounting according to the City's records: Original Contract Amount Contract Change Orders No. 1-4 Contract Total Amount Paid to Date Amount Remaining $133,840 $48,341 $182,181 ($119,169) $63,01 1 84 .L S:\CityMgr\STAFF REPORTS ONLY\1-18-05\C8 Proj 2004-02.doc Amount Remaining Pending Contract Change Order No. 5-Early Completion Bonus Remaining Fiscal Commitment Retention to be billed Amount Remaining to be billed Original Budget Amount Design Contract Amount Original Contract Amount Early Completion Incentive Appropriation 8/17/04 Balance Remaining Fiscal Commitment Shortfall $63,01 1 $10,000 $73,01 1 ($19,218) $53,793 $150,000 ($2,465) ($133, 840) ($10,000) $33,100 $36,794 ($73,01 1) ($36,217) Adequate funding is available within the City's Gas Tax state revenues (Account No. 201-0000-290-0000) to support this appropriation. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On March 16, 2004, the City Council approved the project specifications, bid documents, and authorized staff to advertise for bid. On May 4, 2004, the City Council formally acted to award a contract in the amount of $133,840 to Republic Electric to construct the Traffic Signal LED Lamp Retrofit, Project No. 2004-02. During the course of the project, a need arose for repairs of various traffic signal loop detectors, controller cabinets and other traffic signal related equipment. On August 17, 2004, City Council approved an appropriation from Gas Tax state revenues (Account No. 201-0000-290-0000) in the amount of $33,100 for Contract Change Order Nos. 1 and 2 for traffic signal related repairs. Contract Change Order Nos. 3 and 4 in the amount of $15,374 allowed for repair of more signal detector loops and modifications to incorrectly specified LED pedestrian head units. Contract Change Order No. 5 allows for the $10,000 maximum award of an early completion incentive bonus as provided in the project specifications. 2 S:\CityMgr\STAFF REPORTS ONLY\1-18-05\C8 Proj 2004-02.doc 135 These repairs and modifications are eligible for gas tax funding because they provide for the replacement of existing damaged or non-functioning signal detector loops and equipment. The previously installed controller was outdated and of a different make, which made it incompatible with the other controllers in the Washington Street synchronized signal corridor. The new controller will allow for the continuation of signal synchronization on Washington Street within the cities of Palm Desert, Indian Wells, and La Quinta. The City of Indian Wells has agreed to reimburse La Quinta for 50% ($12,460) of this controller. A Notice to Proceed was issued for July 19, 2004, with a 45 consecutive calendar day completion time. The project was completed in 10 consecutive calendar days. Contract Change Orders extended the completion date to coincide with the deliveries and installation of the various repairs and modifications. All additional work was completed and installed on December 13, 2004. Therefore an Award of an Early Completion Incentive Bonus is due for the maximum allowance of $500 per consecutive calendar days for a maximum of 20 days or $ 10,000. Project construction is now complete and is in compliance with the plans and specifications. Prior to filing the Notice of Completion, staff must receive authorization from the City Council to approve this project as 100% complete and authorize the City Clerk to file a Notice of Completion. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve an appropriation of funds in the amount of $36,217.28 from Gas Tax state revenues (Account No. 201-0000-290-0000) to Project No. 2004- 02 for Contract Change Order No. 5 and project close-out costs; approve Contract Change Order No. 5 in the amount of $10,000 for an early completion incentive bonus as provided in the project specifications; accept Traffic Signal LED Lamp Retrofit, Project No. 2004-02 as 100% complete; and authorize staff to release retention in the amount of $19,218.12, 35 days after the Notice of Completion is recorded; or 2. Do not approve an appropriation of funds in the amount of $36,217.28 from Gas Tax state revenues (Account No. 201-0000-290-0000) to Project No. 2004-02 for Contract Change Order No. 5 and project close-out costs; do not approve Contract Change Order No. 5 in the amount of $10,000 for an early completion incentive bonus as provided in the project specifications; do not accept Traffic Signal LED Lamp Retrofit, Project No. 2004-02 as 100% complete; and do not authorize staff to release retention in the amount of $19,218.12, 35 days after the Notice of Completion is recorded; or 3 S:\CityMgr\STAFF REPORTS ONLY\1-18-05\C8 Proj 2004-02.doc 136 3. Provide staff with alternative direction. Respectfully submitted, T' othy R. as , P.E. Public Works Dir or/City Engineer Approved for submission by: homas P. Genovese, City Manager Attachment: 1. Contract Change Order No. 5 4 T:\PWDEPT\COUNCIL\2005\01-18-05\Proj 2004-02.doc'� ATTACHMENT 1 ' TQ•c N4 c w5 OF T9 CONTRACT: City of La Quinta Traffic Signal LED Lamp Retrofit CONTRACTOR: Republic Electric 7120 Redwood Blvd. Novato, Ca. 94945-4114 PROJECT Sheet 1 of 1 NO.2004-02 CONTRACT CHANGE ORDER NO.5 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE This Contract Change Order allows for the award of an Early Completion Incentive as provided in the Project Specifications. The project consisted of a 45 consecutive calendar days and the project was completed in 10 consecutive calendar days. Therefore an award for the maximum amount of 20 days at $ 500/day for a total maximum amount of $ 10,000. Previous Contract Amount Through Change Order No. 4 $ 182,181.15 Add This Change Order No. 5 $ 10,000.00 Revised Contract Total $ 192,181.15 By reason of this contract change order the time of completion shall be adjusted accordingly to accommodate the additional time for ordering, and installation of the above mentioned items. The revised contract completion date shall be: December 13, 2004. Submitted By: Date: Approved By: Date: We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted By: Contractor: Title: Date: TAPWDEPTIPROJECTS\2004 PROJECTS\2004-02 LEDTONSTRUCTIONTCO #5 EI BONUS.DOC 5 183 ° Gv ,/5 N4yuirt,�� OF T9 COUNCIL/RDA MEETING DATE: January 18, 2005 ITEM TITLE: Adoption of a Resolution Accepting Passes to the Bob Hope Chrysler Classic Golf Tournament to be Held January 24 through January 30, 2005 in the Coachella Valley RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council accepting complimentary passes for the Bob Hope Chrysler Classic golf tournament to be held January 24 through January 30, 2005. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Bob Hope Chrysler Classic has provided the City of La Quinta complimentary passes for its 46" annual golf tournament. This year's tournament will take place January 24 through January 30, 2005 at various courses in the Coachella Valley including PGA West (Arnold Palmer Course), La Quinta Country Club, Bermuda Dunes Country Club, and Tamarisk Country Club. Staff has prepared the attached Resolution to facilitate acceptance of the passes should the City Council elect to accept them. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 18 1. Adopt a Resolution of the City Council accepting complimentary passes for the Bob Hope Chrysler Classic golf tournament to be held January 24 through January 30, 2005; or 2. Do not adopt a Resolution of the City Council accepting complimentary passes for the Bob Hope Chrysler Classic golf tournament to be held January 24 through January 30, 2005; or 3. Provide staff with alternative direction. Respectfully submitted, L- ` Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager 2 190 Resolution No. 2005- Bob Hope Golf Tournament Complimentary Passes Adopted: January 18, 2005 Page 3 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ACCEPTING COMPLIMENTARY PASSES FOR THE BOB HOPE CHRYSLER CLASSIC GOLF TOURNAMENT WHEREAS, the Bob Hope Chrysler Classic has generously donated to the City, a gift of complimentary passes for the 2005 Bob Hope Chrysler Classic golf tournament to be held January 24 through January 30, 2005 in the Coachella Valley including locations within La Quinta; and WHEREAS, the gifts have been donated to the City and its personnel and not given to, or limited to the use of, any particular employee or official; and WHEREAS, it is in the best interest of the City to accept the donation and to direct the City Manager to control distribution of the tournament passes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. The City of La Quinta hereby accepts the donation of complimentary passes for the 2005 Bob Hope Chrysler Classic golf tournament. 2. The City Manager is hereby directed to control distribution of said tournament passes on a first -come, first -serve basis. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held this 18" day of January 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 3 191 Resolution No. 2005- Bob Hope Golf Tournament Complimentary Passes Adopted: January 18, 2005 Page 4 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 19ti COUNCIL/RDA MEETING DATE: January 18, 2005 ITEM TITLE: Conditional Approval of Assignment and Assumption Agreement and Amended Subdivision Improvement Agreement for Tract Map No. 31202-2, La Quinta Quail Run, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: I01... STUDY SESSION: PUBLIC HEARING: Adopt an agreement of the City Council granting Conditional Approval of Assignment and Assumption Agreement and Amended Subdivision Improvement Agreement (ASIA) for Tract Map No. 31202-2, La Quinta Quail Run, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 31202-2 is located south of Avenue 52 and west of Monroe Street (Attachment 1). This residential development will consist of 62 residential lots on approximately 18 acres (Attachment 2). On July 1, 2003, the City Council approved Tentative Tract Map No. 31202. The developer has requested the City Council's conditional approval of the ASIA (Attachment 3) and Assignment and Assumption Agreement (Attachment 4) which will allow 30 days for completion of its processing. To date, the ASIA has been executed by the developer but the associated securities have not yet been received. The developer expects that the associated securities and all signatures will be in place within the time allowed for its conditional approval. �93 This conditional approval is contingent upon receipt within 30 days (February 17, 2005), of the associated securities. If any of the required items are not received by City staff within the specified time frame, the Assignment and Assumption Agreement and ASIA 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 an agreement of the City Council granting Conditional Approval of Assignment and Assumption Agreement and Amended Subdivision Improvement Agreement for Tract Map No. 31202-2, La Quinta Quail Run, LLC; or 2. Do not adopt an agreement of the City Council granting Conditional Approval of Assignment and Assumption Agreement and Amended Subdivision Improvement Agreement for Tract Map No. 31202-2, La Quinta Quail Run, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, du;blic hy R."on sson Works irecto ity Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Amended Subdivision Improvement Agreement 4. Assignment and Assumption Agreement 194 0 LO ATTACHMENT I 3 195 y7ky � � •, i. h 'tip-�`• : ATTACHMENT 2 t �g e 8' 196 i ,aY < tjr.r. sit 4AM. will 1 tt Yl r y�• L ._ ., tit O�i00Q•:0l�11/� 1. 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' .. 1 i {1 iffffiSSSTTT= 1' A .�0.CtiI0 N - �{�,/�"-9 133HS 339 CITY of LA QunvTA ATTACHMENT 3 AMENDED SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31202-2 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 by and between LA QUINTA QUAIL RUN, LLC. a CALIFORNIA 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. 31202-2 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "Al', 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 providedby Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security.to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby O secured. 10 T:\Project Development Qivision0evelopment Projects\Agreements\SIA\SIAs in Progress\Rancho Santana_31202-2 & Company\LQ Quail Run Switch\ONSITE_SIA.doc B. tmprovement 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 a„ d 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, ail buildings andimprovements 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 o 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 Pa ment security shall equal the amount of the amount of performance security, except as Y 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 03 T-1Pmlwr4 [)AvelODme1t pyvision\Development ProfectMAgreamentMIMSIAs in ProgressVancho SantaM M202.2 & Company\LQ Quail Run SvAtch\ONsrrE SIA.doa security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory improvements.. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's.Surety for payment of said cash and Subdividers Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for 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 mall, 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 Sbbdivider'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, wqgnty0, 4 t.\Pro*t Development DlvisionZovelopnWt Projec1s\Agreements\S1A\S1As in Progress\Rancho Santana 31202-2 & Oornpany\LQ QuaN Run SwlWONSITE SIA.doc security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing. any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or Gity, 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 Maleure. 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 Subdividers engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 13 TAProlect Development DlvlslonMevelopment Projects%AgreementsOMSIAs in Progrm%Rendw Santa =02-2 & Company%LQ Quail Run SWltd WNSiTE SWdoc n � ow 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 it ith a provisions ro ision wire Section 3 of this agreement. Prior to the release of payment security, the City g that may Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, affect the amount of payment security released. 4. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has t 1 ty, then City may perform been performed within sixty (60) days after written notice of default from Ci , 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.' lig do requirement for of emergency or compelling public interest, as determined by the City Engineer, r eq 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 defend es and hold executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, City and its officers, employees, agents, representatives, and assigns harmless rom ng o tand inst of or in losses, claims, demands, actions, or causes of action of any nature w an way connected with Subdividers performance herein under, including costs of suit and Y reasonable attorneys' fees. 16. No MoiAement shall in no respect act to odifcr amend any �d Inditionot th s provision of the Conditions of Approval. in the event that any requirement Agreement is inconsistent with or fails to include one or more provisions goe the Conditions i�nsof the g herein Approval, which document(s) is (are) incorporated shal�control.by reference, provisions Conditions of Approval shall remain in effect 17 . Severabil' . 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 personae delivered eli a repor sent by registered or certified mail, return receipt requested, iedt shale parties be effective upon delivery. addresses indicated hereon. Notices personally delver Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of notices delivery or refusal indicated on the return receipt. Either party may change its add ress forhereunder 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. 14 t Prcw%%greementstSlA\.SIAs in Progress\Rancho santaria_31202 2 & canpenOLa Qua faun wtch\oNsrrE S1A.dOc T:\projed peyglopmont (�visfonll�velopmen 4. L. 6 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 prevail ng 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 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 La Quinta Quail Run 78-900 Avenue 47, Suite 102 IA Quita, CA 92253 760-771-8130 By: Title: By: Title: Reviewed and Approved: T City Engineer Approved as to Form: Date Date Date City Attorney Date 15 t DWWon�Devd0P►'Wt m �WeeenI"IA\SIAs in Progrewftricho Santana =02-2 & Con"nV\LQ Quati Run "tch\ONSRE SW doc T:1Pro]ect Developmen Exhibit A ON -SITE SECURITY — TRACT MAP No. 31202-2 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As eleme nts 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 1n place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading $ $ 40,730 $ $ Drainage Street improvements $ 252,320 $ Domestic Water $ 176,300 $ $ Sanitary Sewer $ 124,260 $ Dry Utilities $ 148,800 $ Monumentation $ 9,300 Totals Standard 10% Contingencey Total Construction Cost Professional Fees, Design 10% Professional Fees, Const 10% No Plans Contingency 17% Bond Amount f $ 751,710 $ $ 75,170 $ $ 826,880 $ $ 82,690 $ $ 82,690 $ $ 140,570 $ $ 11132,830 $ 40,730 252,320 176,300 124,260 148,800 742,410 74,240 816,650 81,670 81,670 138,830 11118,820 16 • 008 � t.. •r•►c.,1.,► r►..,Wmmant EHvisi0n10e%,Noprnent ProlectS\A9reements131MSIAs in ProWM\Rancho Santana_31202.2 & Con-pany\L0 Quail Run Switch%0NSlTE_SWWc 0%A1 leftn IA Al 1 .DURDOSE ACKNOWLEDGMENT State of California { SS. Countyof `�- �� , before me,�/LC %1 - o 4 21 t, On e Name and Title of Officer (e.g., -jo#b Doe, Notary PuNy r- II red i j') hAJ4 persona y appea JEANNE M. STANGE Commission # 1340030 �s Notary Public - Califomis Riverside County My Comm. Expires Jan 17, 2006 M roved to me on the basis of satisfactory evidence to be the person(o) whose nam4s) Ore subscribed to the within instrument and acknowledged to me that the/they executed the same in foher/their authorized capacity(ie ), and that by f s/ er/their signature( on the instrument the ' rsbr�(s), or the entity upon behalf of which the person) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Documen Title or Type of Document: S�- 1 -'YES Number of Pages: Document Date: Signer(s) Other Than Named Above: 2� Capacity(ies) Claimed by Signer Signer's Name: 0 Individual Top of thumb here D Corporate Officer — Title(s): O Partner — O Limited 0 General O Attorney in Fact O Trustee O Guardian or Conservator O Other: Signer Is Representing: 01997 National Notary Association " 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 590-1 Keoroer. -an ion-rree i-cuu-oie-oc 17 4 (1 ATTACHMENT 4 ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO.31202-2 This ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT ("Assignment & Amendment") is made and entered into as of the day of , 20_, by and among the CITY OF LA QUINTA, a municipal corporation of the State of California ("City"), DESERT CHEYENE, Inc, a California Corporation ("Assignor"), and LA QUINTA QUAIL RUN, LLC, a California Limited Liability Company ("Assignee"). RECITALS A. City and Assignor entered into that certain Subdivision Improvement Agreement, dated July 20, 2004 ("SIX), pursuant to which Assignor, as the "Subdivider" defined in the SIA, agreed to plan for, install, and construct certain public and/or private improvements on Tract No. 31202-2 ("Tract"), as more fully described in Exhibit "A" of the SIA ("Improvements"). B. Assignor desires to sell its interest in the Tract to Assignee. In conjunction with such transfer, Assignor desires to assign the SIA, and all of Assignor's rights and obligations thereunder, to Assignee and Assignee desires to assume Assignor's position with respect to the SIA and of Assignor's rights and obligations under the SIA subject to the terms of this Assignment & Amendment. C. In connection with the foregoing described assignment and assumption, the City and Assignee have agreed to certain modifications to the SIA as set forth herein to be effective upon full execution of this Assignment & Amendment by all the parties hereto. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Assignment and Assumption. Assignor hereby transfers and assigns to Assignee all of the Assignor's rights, title, and interest in and to, and obligations under, the SIA, and Assignee hereby assumes all rights, title, and interest in and to, and obligations under, the SIA. City hereby consents to the foregoing assignment and assumption. F220 18 !.r 10 2. Replacement of Improvement Security. Pursuant to the SIA, Assignor has furnished the City security for the Improvements in the form of: 830.00 for the (a) A Faithful Performance Bond in the amount of $ 1,132,830.00 following improvements: 1. Drainage 2. Street Improvements 3. Domestic Water 4. Sanitary Sewer 5. Dry Utilities 6. Monumentation 7. 10% Standard Contingency 8. 10% Professional Fees 9. 10% Construction Fees 10. 17% No Plans Contingency (b) A Labor and Material Bond in the amount of $ 1,118,820.00 for the following improvements: 1. Drainage 2. Street Improvements 3. Domestic Water 4. Sanitary Sewer 5. Dry Utilities 6. 10% Standard Contingency 7. 10% Professional Fees 8. 10% Construction Fees 9. 17% No Plans Contingency For purposes of this Assignment & Assumption, such security in the aggregate shall be hereinafter referred to as "Improvement Security." Assignee hereby warrants that within five (5) days of this executed Assignment and Amendment, it shall replace Assignor's Improvement Security with security of its own in an amount equal to the Improvement Security, unless the City otherwise determines at its discretion and in writing that such security can be issued at a lesser amount. Assignees security shall be in full compliance with the terms and conditions stated in the SIA for such security. The City agrees that upon receipt of evidence that Assignee has obtained such new security in a form satisfactory to the City, the City shall release the Original Subdivider's Improvement Security. 3. Incorporation of SIA Provisions. The SIA, and each provision therein, unless otherwise modified in writing, is incorporated in this Assignment & Amendment in its entirety and Assignee agrees and warrants that it assumes and is bound by each obligation found in the SIA in the same manner as Assignor prior to this assignment. 19 211 _2_ F220 IN WITNESS WHEREOF, the parties hereto have executed this Assignment & Amendment on day of , 20- CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7075 Thomas P: Genovese Date City Manager ATTEST: June S. Greek City Clerk ASSIGNOR: Mr. John Pedalino Desert Cheyenne, Inc 78401 Highway 111; Ste G La Quinta, CA 92253 Title: /ail %Ii/�/ �-/ Date ASSIGNEE: Richard Ehline La Quinta Quail Run, LLC 81480 National Drive La Quinta, CA 92253 r Title: Date 20 F220 2.12 ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF RIVERSIDE } )SS. On January 4, 2005 before me, CYNTHIA ANN DIAZ, NOTARY PUBLIC personally appeared RICHARD EHLINE, (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 exe the same in his/her/their authorized Gapacity(ies),Abjelf at by his/her/their natures) on the instrument the person(s), or the entity up of which thepe scq(s) acted, executed the instrument. j CYN T NIA ANN DIAZ OMM. #I�� ,21a W ITN SS and and o al. " ' Y N TARYPUSII< - OR�I RIVERSIDE "'OU 1TY i Gaam. I:xphs Qciaber 26, 2004 0ey IS- I lip 1 81111111 IN Si ature (NOTARY SEAL) ATTENTION NO AR Although the information ,requested below Is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO Title of Document Type ASGN & ASSUMPT. AGREEMNT THE DOCUMENT DESCRIBED AT RIGHT. Number of Pages 3 Date of Document January 4, 2005 Signer(s) Other Than Named Above DOCUMENT PROVIDED SY STEWART TTR.E OF CAIIFORM& PC. NWMYIMW 21 40.13 ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } COUNTY OF Riverside } ss. On January 4, 2005 before me, CYNTHIA ANN DIAZ, NOTARY PUBLIC personally appeared JOHN R. PEDALINO, personally known to me to be the person whose name is subscribed to th within instrument and acknowledged to me that he executed the same in his a on d capacity, and that by his signature on the instrument the person, or the entit pon ehalf of which the per �, executed the instrument. WITNESS Sign WIN Now. ,s t, CY# TI~itA ANN OIAZ ASRY # Ulf L O;INIA my coo AAIR IbE COUNTY xe 4ctaber 26, 2�lS (NOTARY SEAL) ATTENTION NOT: Although the information requested below Is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO Title of Document Type ASGN & ASSUMPT. AGREEMNT THE DOCUMENT DESCRIBED AT RIGHT. Number of Pages 3 Date of Document January 4, 2005 Signer(s) Other Than Named Above OOCUMEPR PROVIDED BY SMWAW =1 OP CMVOW&k INC. NWARYI.00C 22 4. 14 ceit!t 4 44P Q"mr1ru COUNCIL/RDA MEETING DATE: January 18, 2005 ITEM TITLE: Authorization for Overnight Travel for the Finance Director to Attend the 2005 Government Finance Officers Association (GFOA) Annual Conference in San Antonio, Texas, June 26 — 29, 2005 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 13 STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for the Finance Director to attend the four -day 2005 Government Finance Association (GFOA) Annual Conference in San Antonio, Texas, June 26 — 29, 2005. FISCAL IM PUCATIONS: Costs associated with attending the Conference will be funded through Fiscal Services Training & Meetings, Account No. 101-4001 4153.51-01. This conference was budgeted in the 2004/2005 Fiscal Year Budget at $2,000. The breakdown of expenditures anticipated for this conference is as follows: ► Conference Enrollment — Early Registration $ 310 ► Miscellaneous 40 ► Tranoportation 400 ► Meals 375 ► Lodging 875 TotalQ CHARTER ITY IM PUCATIONS: None: BACKGROWND AND OVERVIEW: The four -day 2005 Government Finance Officers Association (GFOA) Annual Conference focuses on financial issues affecting local governments. Seminar information is included in Attachment 1. O15 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the Finance Director to attend the four -day 2005 Government Finance Officers Association (GFOA) Annual Conference; or 2. Do not approve authorization for overnight travel for the Finance Director to attend the four -day 2005 Government Finance Officers Association (GFOA) Annual Conference; or 3. Provide staff with alternative direction. Respectfully submitted, r ohn M. Falco6er, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. 2005 Government Finance Officers Association (GFOA) Annual Conference Agenda 216 2 `,tom.; a� t ar F _ y tee. e` 'M lip f _ - AL Iq T , F y r }ire IN xa Government Finance Officers Association's IF - - Koo 99th Annual Conference frE T,June 26-29, 2005 San Antonio, Texas _ = 0 r F { F _ _ Government Finance Officers Association's 99th Annual Conference a t- c i 4 The expectations placed on public finance professionals have never been higher than they are today. In addition to their responsibilities as technical experts, public finance officers are being called on to be leaders in assuring a fiscally sound future for their communities. Combining leading -edge information with the opportunity to meet with colleagues, exchange views, network, and learn ways to improve fiscal management, the GFOA annual conference gives you the tools you need to lead your jurisdiction into the future. Capture the spirit of Texas at GFOA's 2005 annual conference! San Antonio, the ninth largest city in the United States, is steeped in history and tradition. Sounds and flavors of Native America, Old Mexico, Germany, the Wild West, and the Deep South come together in this crossroads city. Refresh your history lessons at The Alamo, an icon in the Texan revolution against Mexico; escape the daily hubbub of the city by taking a stroll along the River Walk; explore the many art museums and cultural sites; treat your taste buds to a gamut of cuisine from French to Chinese to Cajun, but especially Tex-Mex; and enjoy the nightlife under the stars that come out over the South Texas Plains. As always, the 2005 GFOA annual conference is the meeting you can't afford to miss. Take the initiative to become a leader and attend the annual conference. It will provide the information, solutions, and contacts you need to implement excellence in your jurisdiction. Join us at GFOA's 2005 annual conference and delight in the discovery of San Antonio's charms! Register online at www.gfoa.org Cover: River Walk Make the most of your travel to the GFOA 2005 annual conference by registering for one or more of the preconference seminars scheduled for Friday, June 24, and Saturday, June 25. Receive a 10 percent discount on both conference and seminar registrations if you attend two preconference seminars in addition to the annual conference. DROPS, PLOPS, and tither What's Wrong with Postemployment Benefits: Budgeting (and How to x it); Designing Programs that Outcome Budgeting, _ Fix Don't Break the Bank the Next Iteration Half -day Seminar. Full -day Seminar: Friday, June 24, 1 p-m.-5 P.M. Saturday, June 25, 9 a.m.-5 p.nL 4 CPE credits s CPE credits Program Exhibit Hall The annual conference includes general sessions See the latest innovations from exhibitors on Monday and Tuesday mornings that feature offering management- and finance -related products recognized leaders in the government finance and services to state, provincial, and local profession and offers more than 60 concurrent governments. GFOA's exhibit hail is open Sunday sessions and discussion groups that address current through Tuesday. See www.gfoa.org for a list of issues in government finance. current exhibitors. Concurrent Sessions Create your own curriculum from among concurrent sessions in seven tracks offered over three days. Sessions are offered in the following areas: • Accounting, Auditing, and Financial Reporting • Budgeting and Financial Planning • Cash Management and Investing Debt Management • Management and Policy • Pensions and Benefits • Technology and Digital Government Discussion Groups Can Tuesday, June 28 from 3.50 p.m. to 4.50 p.m., you will have an opportunity to exchange ideas about day-to-day challenges in small groups of your colleagues. CPE Credits It is possible to earn up to 20 CPE credits at GFOA's annual conference. Additional CPE credits can be earned by attending one or more of GFOA's preconference seminars. Certification Examinations GFOA's Certified Public Finance Officer (CPFO) program continues with the administration of all five examinations on Friday, June 24. For an application packet, please e-mail your request to Certification@gfoa.org; fax your request to 312/977-4806 or call GFOA at 312/977-9700. GFOA Welcome Reception Sunday, June 26, 2005 All delegates and guests are cordially invited to join in the festivities at the Sunday evening reception. Plans are underway for an exciting night of Texas style. Complimentary with your conference registration and exclusive to GFOA conference attendees, this family friendly evening will feature food and entertainment. Host Committee Closing Reception Tuesday, June 28, 2005 Our friends and partners with the San Antonio host committee invite you to experience a memorable evening of San Antonio fun at the Institute of Texas Cultures. This is your final opportunity to unwind with your fellow attendees at what promises to be a spectacular evening reception. When you receive your confirmation from GFOA for the annual conference, you also will receive a complete Leisure Activities and Registration brochure from the local conference committee with more information about ordering tickets for this event. GFOA YieldAdvanta&Z User Meeting Stop by the YieldAdvantageT" booth in the exhibit hall to find out how this Web auction platform can make your cash investing more efficient and enhance yields. Demonstrations of GFOA YieldAdvantageTM will be held each day. Current YieldAdvantageTM users will have the opportunity to meet with GFOA and Grant Street Group representatives to share their experiences using this innovative tool. Nonusers are also invited. Accounting, Auditing, and Financial Reporting This year's sessions will cover the practical implementation of recent authoritative guidance of the Governmental Accounting Standards Board (GASB), from other postemployment benefits (Statements No. 43 and No. 45) and the statistical section of a comprehensive annual financial report (Statement No. 44) to tobacco settlement accounting (TB 2004-1) and the effect of enabling legislation on the categorization of net assets (exposure draft). Other sessions will deal with a rich variety of topics, including the forthcoming 2005 edition of Governmental Accounting, Auditing, and Financial Reporting (the "Blue Book"), comprehensive new guidance on risk assessment from the Council of Sponsoring Organizations (COSO), and a managerial perspective on Statement of Auditing Standards No. 99. Budgeting and Financial Planning Governments are under increasing pressure to develop budgets that address strategic priorities amid ever -decreasing resources. Budget and finance professionals must lead the way in helping elected officials and governing boards make difficult yet responsible decisions regarding the use of current resources while at the same time engaging in effective long-term financial planning. This track will provide attendees with practical insights into budgeting in difficult times. Esteemed practitioners will lead discussions on traditional and contemporary areas of emphasis, such as strategic planning, performance management, cutback management, priority setting, revenue forecasting, and the application of technology in financial planning. Cash Manao;ernent and Investing, Economic uncertainty and the current interest rate environment underscore the need for safe and effective cash management practices. The cash management and investing track will explore new ideas for improving treasury operations in one of the most turbulent periods in recent memory. Economists will provide forecasts of economic growth, interest rates, and inflation, and experienced portfolio managers will recommend prudent investment strategies for today's interest rate environment. This year's sessions will also highlight several innovations in the treasury field, such as purchasing cards, Internet auctions of fixed income investments, and a new option for expanding FDIC coverage for public funds. Debt Management Issuance levels in the municipal debt market continue to reach record levels. More than ever before, finance officers must have a strong background in all aspects of debt management. This year, experts in government and from the private sector will come together to examine the latest trends in the municipal market, the role of debt in economic development, considerations in bringing an issue to market, the use of structured products, strategies for successfully managing a debt portfolio, and compliance with disclosure and arbitrage regulations. Management and Policy The events of the last few years have underscored the critical need for knowledgeable, trustworthy govemment finance officers. The role of finance officers now extends far beyond traditional finance and accounting responsibilities. While this development has made our profession more Interesting and challenging, it has also created the need for training financial practitioners In new skill sets. This year's sessions and discussion groups will offer advice on how to successfully meet the managerial and leadership challenges facing finance officers today. Pensions and Benefits Governments are facing the "perfect storm" for the delivery of pension and health care benefits. During a time of severe fiscal pressures, governments are being forced to pay more for the ongoing costs of pension benefits and health care insurance. These pressures are causing governments to take a hard look at their compensation structures in an effort to identify ways to better manage the costs of human resources. The pensions and benefits track will deliver concrete ideas, strategies, and tactics for helping finance officers and pension plan administrators navigate through these stormy times. Technology and Digital Government Technology continues to play a leading role in reshaping how governments produce results and interact with citizens. Enterprise resource planning systems were the first step to creating a digital backbone for government operations. With that backbone in place, many jurisdictions are now applying technology to a broad range of governmental activity beyond traditional finance. In addition, governments facing the challenge of retaining technical expertise are examining new IT delivery models such as application management outsourcing. This track will highlight lessons learned by public agencies in their continuing efforts to use technology to streamline operations and promote positive organizational change. All preconference seminars, conference sessions, meetings. luncheons, and exhibits will be at the Henry B. Gonzalez Convention Center. ' y, Jude 24 10 a.m.-Noon Tuesday, June 28 8.30 a.m.-Noon and Technology Resource 8 a.m.-4:30 p.m. 1:30 p.m.-5 p.m. Group Meeting Registration Open Certification Exams 12:30 p.m.-1:30 p.m. 8 a.m.-11:45 a.m. and 1 p.m.-5 p.m. Women's Public Finance 1 p.m.-3:30 p.m. Preconference Seminar: DROPS, Network Meeting —Open to all Exhibits Open PLOPS, and Other Postemployment conference attendees Benefits: Designing Programs 9 a.m.-10 a.m. that Don't Break the Bank 1:3o p.m. 2:30 p.m. General Session Concurrent Sessions 1 p.m.-5 p.m. 10:15 a.m.-11:55 a.m. Preconference Seminar: Making 2:45 p.m.-3:45 p.m. Concurrent Sessions the Case: Practical Guidance on Concurrent Sessions How to Prepare a Better Budget m 12:10 p..-1:40 p.m. 4 p.m.-5 p.m. Annual Business Meeting and Saturday, June 25 Black Caucus Meeting— General Luncheon Open to all conference attendees 9 a.m.-5 p.m. 1:55 p.m.-3:35 p.m. Preconference Seminar: 6 p.m.-9:30 p.m. Concurrent Sessions What's Wrong with Budgeting GFOA's Welcome Reception (and How to Fix it): Outcome 3:50 p.m.-4:50 p.m. Budgeting, the Next Iteration Monday, June 27 Discussion Groups 9 a.m.-5 p.m. 8 a.m.-4:30 p.m. 3:30 p.m.-4:30 p.m. Standing Committee Meetings-- Registration Open FOCAL Team Meeting GFOA committee meetings are open to all GFOA members. 8:30 a.m.-10:15 a.m. Evening Opening General Session San Antonio Local 10 a.m.-4:30 p.m. Conference Committee Event Registration Open 9:30 a.m.-1:30 p.m. and (Tickets required) 3:30 p.m.-5:30 p.m. 1 p.m.-5 p.m. Exhibits Open Institute of Texas Cultures Preconference Seminar: The Bottom Line: How to Improve 10:30 a.m.-12:10 p.m. 'Wednesday, June 29 Performance and Save Money Concurrent Sessions with Enterprise Technology 8:30 a.m. Noon 12:10 p.m. -I: 10 p.m. Registration Open Sunday, June 26 Lunch With Your Colleagues (Delegates Only) 8:30 a.m.-10:10 a.m. 9:30 a.m.-4 p.m. Concurrent Sessions Registration Open 1:25 p.m.-3:05 p.m. Concurrent Sessions 10:25 a.m.-12:05 p.m. 9:30 a.m.-5 p.m. Concurrent Sessions Exhibits Open 3:20 p.m.-5 p.m. Concurrent Sessions Save Money By Registering Now Register online at www.gfoa.org Registration Register online at www.gfoa.org or fill out the form in this brochure and mail or fax it to GFOA. Phone regis- trations cannot be accepted. Check the registration discount dates and save money by registering early. • Registration fees Include: Monday and Tuesday luncheons for delegates and the Sunday Welcome Reception for delegates and guests. • Guest registration: Conference sessions and the luncheons on Monday and Tuesday are not open to guests and children. Guests will be admitted to the Sunday Welcome Reception and the exhibit hall. There is no registration fee for guests or children, but they must be preregistered. • Registration fee discounts: To qualify for fee discounts, payment must be received by the dead- line dates listed. • Additional discounts: You will receive a 10 per- cent discount on both your conference and precon- ference seminar registration if one of the following conditions applies: a) three or more people from your jurisdiction are attending the annual confer- ence (registrations must be submitted together) or b) you are attending two preconference seminars in addition to the annual conference. • Substitutions (government entities only): A one -for -one substitution of a nonmember for an active member is allowed. If your organization has a current GFOA member on the staff who is not attending conference, a nonmember may attend in his or her place at the lower member rate. Please provide the name or the membership number of the GFOA member. IIJ Easy to Get There GFOA has arranged the following discounts for conference travel: • American Airlines: 800/433-1790 • Delta Airlines: 800/2416760 • Northwest Airlines: 800/328-1111 • United Airlines: 800/521-4041 : Please contact the airline directly. For those traveling by rail, visit www.amtrack.com or call 800/872-7245. 's Register today to take advantage of discounts!. Important Action Dates Jarmary 28,10M First discount deadline AWN 15, 2M Second and final discount deadline Apll 14, stops Full registration fee required Cancellation and Refund Policy Conference and preconference seminar cancellations, registration changes, and refund requests must be made in writing to GFOA. I ANN is, no$ Cancellations postmarked by Mis date will be refunded, less a 25 percent service be. May16,2005 Cancellations da5but by May 16 wit refunded. lepercent aevlcee fee. May 17. 2005 No refunds will be issued from tMs date forward. San Antonio Tours and Events Information on how to obtain tickets for the Tuesday evening event, and other conference events and tours, will be posted at www.gfoa.org. 's s 8 10 Registration Please print or type. Register online at www.gfoa.org. I� 1 Conference/Preconference Registration If you are faxing this form DO NOT MAIL ORIGINAL. Faxes are accepted with credit card payments only. Please affix your mailing label here, and make any changes to your record in the spaces provided beklw Fist Name MI Last Name rdle/Position Organiratbn/Cornpany Melling Address City State/Province Zip/Postal Code Country Telephone Fax Emem Address (RMNRED) Preferred Name for Bedge aIndkete if you are substituting for an active member. Name of Active Member 2 Guest Registration Print names) of guest(s) and/or chiki(ren) and the age of the children) 12 or under. Please attach additional names If needed. I FM Nano Last Name I Fist Name Last Name First Name Last Name Age First Nine Last Name Age 3 Preconference Seminar Registrati011 Preconference sen iner regtstratioe and fees are separate iron annual %is to slice reautration and fees. Check the seminar(s) of your choice: PLOPS, and Other Post- ernploymwit BeneNts: Designing El What's Wrong with Budgeting (and Mow to Floc it): Outcome Budgeting, ❑DROPS, Programs that Don't Break the Bank the Next Iteration ❑ Making the Cass: Practical Guidence on Mow to Prepare El The Bottom Line: Mow to Improve pWtrnvwm and San Money with a Better sudget Enterprise TechA0100 Check rate below: Member Nonnlsnlber (See discounts in Section 6)•• ElFull -day seminar $295 $410 Each halfday seminar $145 El $250 4 Conference Registration Fees Early Reilpstrstion Advanced Rellostratim Full Registration (Postmarked and Paid (Postmarked and paid (Postmarked and paid by January 28, 2005.) by April 15, 2005.) afror April 15, 2005.) Active Members • � $310 ❑ $345 $390 : : AsaoeMta Mesraera ❑ $380 ❑ $405 0 $4T5 NoaaraM- -r hrYNo Sector ❑ S415 E] $450 $495 NNllnamber P iv- to Seeter $585 $615 El5885 D : Siararnt (Full-time, Unemployed only) E$125 $130 $140 : 5 New Member Fees i Member Type* (check one): ❑Active � Associate � Other • For new membership dues call GFOA at (312) 97T-9T00 and we will Pax you the ached- : ule, or visit GFOA's websits, www.glbs.org. AN tees payable in U.S. funds except for Canadian governments which may pay dues in Canadian fiords. 6 Total Fees Preconference Seminar(s): $ (AN fees In U.S. dolhrs) Conference Registration: $ -� New Member Fees: " 1$ Discount: •• Total Pass: _ •* You will receive a 10 percent discount on both your conference and preconference semknar registration If one of the following conditions applies: a) three or more people from your jurisdiction are attending the annual conference (registrations must be submitted together) or b) you are attending two preconference seminars in addition to the annual conference. • . 7 Method of Payment Please Check One: pop ❑ to- ar Cl» Send : Send to: GFOA, OA, Dept. 77-3076, Chicago, IL 60678-3076 ❑Pay nwmt by Croft Card (Fax: 312/977-4806) Send to: GFOA, 203 N. LaSalle St., Ste 2700, Chicago, IL 60601-1210 Amex Diner's Ckib 13 Discover • 13 MasterCard a VISA : Name on Card Card No.: Expiration Date: SIN Me P.O. No.: ❑ All billed registrations should be mailed to GFOA, 203 N. LaSalle St., Ste 2700, Chicago, IL 606011210. GFOA Tax ID No.: 36-2167796 GFOA Is unable to fax eonflrntations due to file volume of 109111101116089. 0 .7 11 Hotels and Housing Where to stay while in San Antonio Housing Arrangements GFOA has made special arrangements with area hotels to offer attendees and their guests discounted rates while attending the 2005 GFOA annual confer- ence. Availability of all conference hotels is on a first - come, first -served basis and will be handled by the GFOA's Housing Bureau. Participating hotels will not honor direct reservations and published room rates apply only to rooms reserved through GFOA's Hous- ing Bureau. All reservations must be made by May 9, 2005. Following receipt of your reservation, GFOA's Housing Bureau will e-mail or fax your hotel acknowl- edgement within five to seven business days. GFOA offers a variety of hotels in the San Antonio area to meet the different needs of each attendee and their guests (see Hotel Amenities on www.gfoa. org). Rates do not include hotel tax, which is currently 16.75 percent. Housing Policies • Reservations cannot be accepted through travel agencies. • All reservations require a valid credit card or check deposit guarantee at the time of confirming reserva- tions. Requests received without a valid guarantee will be returned and will not be processed. Credit cards must be valid through June 2005 to be con- sidered a proper guarantee. • If you choose to mail in a check deposit guaran- tee, it should be made payable to GFOA Housing Bureau, and mailed along with your housing request form to the address provided. All check deposit guarantees must be in the amount of $200. • Your must be registered for GFOA's annual confer- ence prior to submitting your housing reservation. • If you do not register for GFOA's annual conference, a higher hotel rate will apply. • Please print/type all items on the housing form to ensure accuracy. • Complete each portion of the form for accurate and rapid processing. • You will receive a confirmation for your housing and a separate confirmation for your registration. • Reservations must be made by May 27, 2005, to receive the discounted rates. CIJ Guaranteeing Your Room Reservation A deposit of one night's room and tax is required to reserve your room. The deposit can be made by credit card or check. Acceptable credit cards are American Express, Diner's Club, Discover, MasterCard, and Visa. If you are paying by credit card, please provide all requested informa- tion. Your credit card will be charged upon process- ing your reservation by the hotel. If you are paying by check, please make check payable to GFOA Housing Bureau and mail to: 203 S. St. Mary's 2nd floor, San Antonio, TX 78205. All checks must be in U.S. funds. Changes and Cancellations Changes and/or cancellations made prior to June 9, 2005, can be made directly to GFOA's Housing Bureau online at www.gfoa.org, by fax (210/207-6702) or by mail to GFOA Housing Bureau at 203 S. St. Mary's 2nd floor, San Antonio, TX 78205. Cancellations made after April 27, 2005, will incur a $50 cancellation fee. Reservations made close to this date are still subject to the cancellation fee. Non-re- fundable dates for deposits vary by hotel; please re- view the cancellation policy on your hotel confirmation. Requests for Suites Requests will not be honored until your registration form has been received by GFOA. Please e-mail GFOA at Conference@gfoa.org for rates and availability. Deposits are required for suites. Emily n 705 E. Houston Street EMA $119 $119 Hampton Inn Downtown 414 Bowie Street HAM $129 $129 Hilton Palecio del Rio 200 South Alamo HPR $159 $169 Holiday Inn Crockett 320 Bonham Street HIC $99 $99 Homewood Suites Hotel Rkwwa* 432 West Market Street HOM $129 $139 Hyatt Regency Riverwalt 123 Losoys Street HYR $155 $155 La Quints Convention Center 1001 E. Commerce LQC $125 $125 Marriott Plaza San Antonin 555 South Alamo Street PLZ $129 On Marriott RNercenter 101 Bowie MRC $149 $161 Marriott Rhrorwalk 711 E. Rlverwak SAM $149 $161 Sheraton Gunter Hotel 205 E. Houston GUN $129 $129 The Historic Menger Hotel 204 Alamo Plaza MEN $118 $118 The St. Anthony-Wyndhem 300 E. Travis SAI $119 $119 Westin RNerwalk 420 W. Market Street WES $139 $139 to 4W�6 12 Hotel Reservation Form Reservation will not be processed if form is incomplete. Housing for the Government Finance Officers Telephone requests are not accepted. Keep a copy of form for your records. DO NOT MAIL AFTER Association is now open. FAXING. Acknowledgements are mailed or faxed only to the name listed in field V. Photocopy this form if you need more than one room. For best availability and immediate confirmation, make your reservation via Internet. Faxed housing 1 Select Six Hotels requests will take longer to process and choice i Rooms are assigned first come/first served. If choices are not available, a room will be secured at hotels may not be available. a hotel based on your preference of rate or proximity, and availability. Use code only, not numbers. See other side for codes. Internet Reservations 1st choice ❑ ath choice ❑ ❑ ❑ www4foa.org 2nd Choice ❑ ❑ ❑ 5th choice 0000 Faxed/Mailed Reservations Faxed reservations should be faxed to the GFOA ern choice ❑ 1-10 3ro choice ❑ 1-10 D Housing Bureau at 210-207-6702. Mailed reservations should be mailed to the GFOA If hotel choices are sold out, whim Is more Important? 0 room rate 13 location Housing Bureau: 203 S. St. Marys, 2nd floor, San Antonio, TX 78205.. 's 2 Arrival/Departure Acknowledgements Arrival Date Time (AM/PM) -1 Departure Date Time (AM/PM) The Government France Officers Association (Make air reservations before fging out arrhrah/deperture dates on this form. Requests for more than 2 days pro/post Housing Bureau will send you an acknowledgement convention may not be avamme through the housing department. Acknowledgment wiB advise You to call the hotel direct of your reservations. Please review all information for additional nights (not always evailebb at convention rates.) for accuracy. E-mail acknowledgements will be sent within 72 hours of reservation being processed. 3 Number of Beds 4 Number of Guests Fax and mailed acknowledgments will be sent (Check Appropriate Box) The housing department will request room within 10-14 days. If you do not receive your ac- One Bed Two Bads type, hotel will confirm if available. 13 knowledgement in this time frame, please contact the GFOA Housing Bureau by fax at 210-207-6702, Z ❑ Total number of people In room or email: sahousing0sanantoniovisit.com. You will! 5 Room Guarantee not raWw a wdtta OO on from the hotel. All rooms must be guaranteed. Some hotels require a non-refundable 1st night room and tax deposit. If this applies, the credit card provided below will be charged for that amount. Room Rates/Taxes QAmex 13Diner's Club 13Discover a Mastercard a VISA To take advantage of the special GFOA rates, please book your reservation by May 27, 2005. t After that date, GFOA room blocks will be released dame on Caro Caro No.: Expiration Date: and hotels may charge higher rates. All rates are per room and are subject to 16.75% 6 List All Occupants (Post and Last Names) occupancy tax (subject to change). Special requests cannot be guaranteed; however, 1 s hotels will do their best to honor all requests. Ho- tels will assign specific room types upon check -in, 2 a based on availability. 7 Send Acknowledgements to: Guarantee i Ffrst Name MI Lest Name A valid credit card or check deposit guarantee is III 11117n required at the tine of confirming reservations. i Requests received without a valid guarantee will Company Name be returned and will not be processed. t Deposits MsH Address III110 If you choose to mail in a check deposit, it should III 11H be made payable to GFOA Housing Bureau and city state Zip mailed along with your housing request fore to the i E I I I Ito I I I= address provided. All check deposits must be in the amount of$200. t Teb Extension Fax Changes/Cancellations GFOA Housing Bureau must receive all cancella- Ema® Address tions prior to AprN 27, 2005, to avoid a penalty. t Any cancellations received after AprN 27, 2005, will be assessed a $50 cancellation penalty fee. g special Requests Continue to use GFOA Housing for changes/cancel- lations through June 9, 2005. Beginning Jura 10, � Q smoking Q Non Smoking 0 Check Nero for DlsaDllity 2005, changes/cancellations must be directed to your confirmed hotel. All cancellations must be re- ust special or other needs: ceived within 72 hours prior to arrival or one night room/tax will be assessed by your confirmed hotel. Pigs" note: Yew soMktaN how m" as..as as carry depwbus fee fsr deprbrn ace auaps at oa.ek-rr. 11 227 13 ti • G��l OF T�9 COUNCIL/RDA MEETING DATE: January 18, 2005 ITEM TITLE: Approval of Cart Path Exchange Agreement Between the City and Supper Club Golf, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: -14 STUDY SESSION: PUBLIC HEARING: Approve a Cart Path Exchange Agreement with Supper Club Golf, LLC with any additional changes deemed appropriate by the City Manager and City Attorney. FISCAL IMPLICATIONS: This exchange is being recommended to facilitate Jefferson Street Phase II improvements, which are being funded in accordance with the Reimbursement Agreement and Memorandum of Understanding between the City of La Quinta, the City of Indio, the County of Riverside, and the Coachella Valley Association of Governments ("CVAG"), as amended. CVAG has agreed to pay 75% of the overall project costs. The remaining 25% will be paid by the jurisdiction in which the improvements are constructed. The City of La Quinta's total funding contribution (25% of the project costs within its jurisdiction) is currently estimated at $5,495,000. The City may be eligible for a credit from the State Transportation Improvement Program for a portion of the costs of the bridge across the Whitewater River; this credit, however, is subject to State budgeting. The City has also been provided a credit in the amount of $2,610,184 as repayment for the regional share advanced by the City for the Washington Street Improvements. To date, the City has used $1,543,023 of this credit, and still has a balance of $1,058,519. The City's actual contribution will be calculated based upon the project's final costs. The types of expenses associated specifically with implementation of the exchange agreement are as follows: The property is being exchanged in lieu of being bought or sold. Therefore, there are no land costs to acquire the existing cart path property. The City will be responsible for the escrow and title costs. In addition, the City has agreed to reimburse Supper Club Golf, LLC, for the costs to physically 2 �� install a replacement cart path at the new location. The costs associated with this have not yet been determined, but will be treated as a project expense subject to the reimbursement agreement described above. All enhancements of the path area are to be paid for by Indian Springs. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In connection with the City's Jefferson Street Widening Project, the City has negotiated an agreement with Supper Club Golf, LLC to exchange parcels of land, and replace a currently existing golf cart path (Attachment 1). The existing cart path is mid -block on the west side of Jefferson Street. The new cart path will be located on replacement property consisting of a triangular area at the southwest corner of Jefferson Street and Westward Ho. Diagrams of the existing cart path and the proposed cart part are exhibits to the agreement. Pursuant to the terms of the agreement, the City will acquire a parcel of land from the Indian Springs Golf Course which is currently being used as a golf cart path. The City will transfer to Indian Springs a segment of property which will be used for a replacement cart path. The City will pay the costs to improve the replacement pathway to the cart path standard which currently exists. To avoid delays in the Jefferson Street Widening Project, a portion of this land will be made available for the City's immediate use before the close of escrow if needed. The City has also agreed to pay for all escrow and closing costs associated with this land exchange as well as the title costs. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Cart Path Exchange Agreement with Supper Club Golf, LLC with any additional changes deemed appropriate by the City Manager and City Attorney; or 2. Do not approve a Cart Path Exchange Agreement with Supper Club Golf, LLC; or 3. Provide staff with alternative direction. 22 Respectfully submitted, M. Katherine Jenson, City Attorney Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Cart Path Exchange Agreement 230 3 CART PATH EXCHANGE AGREEMENT This Cart Path Exchange Agreement (this "Agreement") is entered into as of January _, 2005 ("Effective Date"), by and between the CITY OF LA QUINTA, a California municipal corporation (the "City"), and Supper Club Golf, LLC, a California limited liability company ("Indian Springs"), with reference to the following facts: IixlyIIIm A. Indian Springs is the owner of that certain parcel of real property known as Assessor's Parcel Number 649-071-010, which property is depicted on Exhibit 1 and is legally described in Exhibit 2 (the "Indian Springs Parcel"), which exhibits are attached hereto and incorporated herein by this reference. The Indian Springs Parcel is presently improved for use as a golf cart pathway for the benefit of the Indian Springs Golf Course (the "Golf Course"). B. The City is the owner of the real property identified as APNs 649-071-008 and 647-071-029 (the "Former Lilley Parcels"). It is the parties' intention to provide for a replacement golf cart pathway across a portion of the Former Lilley Parcels. The location of the replacement pathway is shown on Exhibit 3, which is attached hereto and is incorporated herein by this reference (the "Replacement Pathway"). As depicted on Exhibit 3, the Replacement Pathway transects the Former Lilley Parcels, and then continues onto the Indian Springs' property upon which the Golf Course is located. In order to provide for the construction and operation of the Replacement Pathway, the City wishes to convey to Indian Springs in fee the portion of the Former Lilley . Parcels described in Exhibit 4a, and depicted on Exhibit 4b. Exhibits 4a and 4b are collectively referred to hereinafter as "Exhibit 4", and the area described and depicted therein shall be referred to hereinafter as the "Replacement Property." C. In connection with the City's widening of Jefferson Street, the City wishes to acquire the Indian Springs Parcel in fee in exchange for transferring to Indian Springs the Replacement Property in fee. The City has further agreed to pay for the cost of installing a concrete surface on the Replacement Pathway of a similar quality and width to that which now exists on the Indian Springs Parcel. The concrete pavement would extend approximately five feet beyond the Former Lilley Parcels to the point where the pathway would join the existing pathway which is closest to the Former Lilley Parcels. To the extent Indian Springs wishes to upgrade the quality - of the materials or increase the depth or width of the paving, the expense of that enhancement shall be borne by Indian Springs. The parties further wish to take all steps necessary in order to avoid any delays to the activities necessary for the widening of Jefferson Street, and agree to fully cooperate in the scheduling of the closure of the existing golf cart pathway and the opening of the Replacement Pathway so as not to delay or interfere with any of the widening activities. If necessary to avoid delays for Jefferson Street widening project, pending the closing of the transaction provided for in the 2156/015610-0008 526791.09 a01/13/05 Agreement, Indian Springs has agreed to provide, as needed, the use and possession of the easterly 192 square feet of the Indian Springs Parcel to the City ("Immediate Possession Area"). The Immediate Possession Area is 12 feet wide and 16 feet deep, and is located at the easterly edge of the Indian Springs Parcel adjacent to the existing Jefferson Street right-of-way. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and incorporating the above recitals, the City and Indian Springs agree as follows: 1. ESCROW. The exchange of properties shall take place through an escrow ("Escrow") to be established within three (3) business days after the execution of this Agreement by the parties hereto, with Fidelity Title Insurance Company ("Escrow Holder") at its office located at 74-758 Highway 111, Suite 209, Indian Wells, California 92210. The opening of the Escrow (the "Opening of Escrow") shall be deemed to be the date that a fully executed copy of this Agreement is delivered to the Escrow Holder. Escrow Holder is instructed to notify the City and Indian Springs in writing of the date of the Opening of Escrow. This Agreement, once deposited in Escrow, shall constitute the joint escrow instructions of the City and Indian Springs to the Escrow Holder. Additionally, if Escrow Holder so requires, the parties agree to execute the form of escrow instructions that Escrow Holder customarily requires in real property escrows administered by it. In the event of any conflict or inconsistency between Escrow Holder's standard instructions and the provisions of this Agreement, the provisions of this Agreement shall supersede and be controlling. The parties additionally agree to the Escrow Holder's standard terms, a copy of which is attached hereto as Exhibit 5. 2. TITLE MATTERS. The City shall obtain a preliminary title report prepared by Fidelity Title Insurance Company ("Title Company") describing the state of title of the Indian Springs Parcel together with copies of all underlying documents (collectively, the "Indian Springs Parcel Preliminary Title Report"). Indian Springs shall obtain a preliminary title report, at City's expense, prepared by Title Company describing the state of title of the Replacement Property together with copies of all underlying documents (collectively, the "Replacement Property Preliminary Title Report"). Collectively, the Indian Springs Parcel Preliminary Title Report and the Replacement Property Preliminary Title Report are referred to hereinafter in the singular as the "Preliminary Title Report." Notwithstanding anything herein to the contrary, Indian Springs shall be obligated to remove all monetary encumbrances against the Indian Springs Parcel excluding non - delinquent real property taxes, and the City shall be obligated to remove all monetary encumbrances against the Replacement Property excluding non -delinquent real property taxes. The. City and Indian Springs shall each notify the other in writing of any objections it may have to title exceptions contained in the Preliminary Title Report no later than the date which is ten (10) days after its receipt of the Preliminary Title Report ("Objection Notice"). Each party's approval or disapproval of the matters set forth in the Preliminary Title Report may be granted or withheld in that party's reasonable discretion. Either party's failure to provide the other party with an Objection Notice within said period shall constitute the non -objecting party's approval of all exceptions to title shown on the Preliminary Title Report. Each party who receives an Objection Notice shall have 00n 2156/015610-0008 526791.09 a01/13/05 a period of five (5) days after receipt of the Objection Notice in which to deliver written notice to the objecting party ("Responding Notice") of that party's election to either (i) agree to remove the objectionable items on the Preliminary Title Report prior to the Close of Escrow, or (ii) decline to remove any such title exceptions or Survey matters and terminate Escrow and the obligations of the parties to exchange properties under this Agreement. The failure of a party who has received an Objection Notice to provide the other party with a Responding Notice within said period shall constitute that party's election to remove the objectionable items on the Preliminary Title Report. If either party notifies the other party of its election to terminate rather than remove the objectionable items on the Preliminary Title Report, the party that sent the Objection Notice shall have the right, by written notice delivered to other party within five (5) days after receipt of election to terminate, to agree to accept the respective property subject to the objectionable items, in which event the election to terminate shall be of no effect, and waiving party shall take title at the Close of Escrow subject to such objectionable items. Upon the issuance of any amendment or supplement to the Preliminary Title Report which adds additional exceptions, including any survey exceptions, the foregoing right of review, approval and response shall also apply to said amendment or supplement, and the Closing shall be extended for such period as is necessary to allow for that review and response process to be completed. 3. CLOSE OF ESCROW. Provided that all of the conditions of this Agreement precedent to the "Close of Escrow" (as hereinafter defined) as set forth below have been satisfied (or waived by the appropriate party) prior to or on the Closing Date, the Closing of this transaction for the sale and purchase of the Property shall take place on February 15, 2005 ("Outside Closing Date"). Notwithstanding the foregoing, if the parties agree to advance the Closing, and so long as all of the "City's Conditions to Closing" and all of "Indian Springs' Conditions to Closing" (as those terms are defined in Section 7) have been satisfied (or waived by the appropriate party), the parties may elect to authorize the Closing before the Outside Closing Date. The terms "Close of Escrow," "Closing Date" and "Closing" are used herein to mean the time Indian Springs' grant deed conveying fee title to the Indian Springs Parcel and the City's grant deed conveying fee title to Replacement Property are recorded in the Official Records of the Office of the County Recorder of Riverside ("Official Records"). If Escrow is not in a condition to close by the Outside Closing Date, the parties agree to diligently take all steps necessary to effectuate the Closing at the earliest possible date. If, despite the parties' best efforts, the Closing has not occurred by the Outside Closing Date, Indian Springs agrees that the City may take possession of the Immediate Possession Area, and Indian Springs may take possession of the Replacement Property in order for there to be no delay of the construction and no disruption to play on the Golf Course. In the event that such interim possession is necessary, the City shall take such steps as are reasonably necessary in order to provide for the safe passage of golf carts across the Replacement Property pending the completion of permanent improvements to the Replacement Pathway. Escrow Holder is directed, on the Closing Date, to record in the Official Records, the following documents in the order listed: (i) the grant deed (in the form attached hereto as Exhibit "6") transferring title to the Indian Springs Property to the City ("Indian Springs Parcel Grant Deed"); (ii) the grant deed (in the form attached hereto as Exhibit "71 transferring the Replacement Property to Indian Springs ("Replacement Property Grant 233 2156/015610-0008 526791.09 a01/13/05 Deed") and (iii) such other and further documents as may be directed jointly by the City and Indian Springs. Upon the Closing, Escrow Holder shall deliver conformed copies of all recorded documents to both parties. 4. DELIVERY OF DOCUMENTS REQUIRED FROM CITY AND INDIAN SPRINGS. The City and Indian Springs agree that on or before 5:00 p.m. on the last business day immediately preceding the Closing Date,'the following documents shall be deposited: a. The City shall deposit the executed and acknowledged Replacement Property Grant Deed; b. Indian Springs shall deposit the executed and acknowledged Indian Springs Parcel Grant Deed; C. Certificates of Non -Foreign Status (the "Non -Foreign Affidavits") executed and acknowledged by the parties, and any items, and instruments required from the parties (executed and acknowledged where appropriate) as may be reasonably necessary in order for Escrow Holder to comply with the provisions of this Agreement, shall be deposited by the parties. 5. TITLE INSURANCE POLICY. On the Closing Date, the Title Company, as insurer, shall issue a CLTA owner's standard coverage policy of title insurance ("Title Policy"), in favor of the City as to the Indian Springs Parcel, and in favor of Indian Springs as to the Replacement property, as insureds, with liability in the amount of $7,395.00 and $7,395.00, respectively, subject to the following (the "Permitted Exceptions"): a. non -delinquent real property taxes; b. covenants, conditions, restrictions and reservations of record that do not interfere with the acquiring party's proposed use of the subject property, as determined in the reasonable discretion of the acquiring party; C. easements or rights -of -way over the subject property for public or quasi - public utility or public street purposes; d. title exceptions approved or deemed approved by the acquiring party pursuant to Section 2 above; e. any other exceptions approved by the acquiring party; and f. the standard printed conditions and exceptions contained in the CLTA standard owner's policy of title insurance regularly issued by the Title Company. The City shall be responsible for the charges incurred to obtain the Title Policies with respect to both properties. 6. REAL PROPERTY TAXES AND ASSESSMENTS. Each party shall be responsible for paying (through Escrow at Closing) all real and personal property taxes and assessments 234 2156/015610-0008 526791.09 a01/13/05 which are of record as of the Closing Date and/or have accrued against the property they are transferring to the other party prior to (and including) the Closing Date (notwithstanding whether such taxes and/or assessments are due and payable as of the Closing Date), including all real or personal property taxes or assessments assessed against the property after the Closing for any period prior to the Closing. 7. CONDITIONS PRECEDENT TO CLOSING. 7.1. Conditions Precedent to City's Obligations. The obligations of the City under this Agreement to transfer the Replacement Property to Indian Springs and to acquire the Indian Springs Parcel and close the Escrow shall be subject to the satisfaction or signed written waiver by the City of each and all of the following conditions precedent (collectively, "City's Conditions to Closing"): (i) on the Closing Date, the Title Company shall be irrevocably committed to issue the Title Policy pursuant to Section 5 above insuring fee title to the Indian Springs Parcel as being vested in the City, subject only to the Permitted Exceptions; (ii) Escrow Holder holds all instruments required for the Closing and will deliver to the City the instruments accruing to the City pursuant to this Agreement; and (iii) Indian Springs is not in material default of any term or condition of this Agreement. 7.2. Conditions Precedent to Indian Springs' Obligations._ The obligations of Indian Springs under this Agreement to transfer the Indian Springs Parcel to the City and to acquire the Replacement Property and close the Escrow shall be subject to the satisfaction or signed written waiver by Indian Springs of each and all of the following conditions precedent (collectively, "Indian Springs' Conditions to Closing"): (i) on the Closing Date, the Title Company shall be irrevocably committed to issue the Title Policy pursuant to Section 5 above insuring fee title to the Replacement Property as being vested in Indian Springs, subject only to the Permitted Exceptions; (ii) Escrow Holder holds all instruments required for the Closing and will deliver to Indian Springs the instruments accruing to Indian Springs pursuant to this Agreement; and (iii) the City is not in material default of any term or condition of this Agreement. 8. ALLOCATION OF COSTS. The City shall pay all escrow and closing costs associated with this Agreement and the exchange of the property, including any and all escrow and title fees, recording fees, costs of all title reports referenced in Paragraph 2 above, all title insurance costs referenced in Paragraph 5 above, documentary transfer tax, and the City's own attorney's fees in connection with this Agreement and the transactions contemplated hereby. Indian Springs shall pay Indian Springs' own attorney's fees, if any, in connection with this Agreement and the transactions contemplated hereby. 9. HAZARDOUS MATERIALS. To the best of the parties' knowledge, neither the Indian Springs Parcel nor the Replacement Property has at any time been used for the purposes of storing, manufacturing, releasing or dumping Hazardous Materials. For purposes of this Agreement, the term "Hazardous Materials" shall mean hazardous wastes, hazardous materials, hazardous substances, hazardous constituents, toxic substances or related materials, whether solids, liquids or gases, including, but not limited to, substances 2156/015610-0008 526791.09 a01/13/05 2J5 8 deemed as "hazardous wastes," "hazardous materials," "hazardous substances," "toxic substances," "pollutants," "contaminants," "radioactive materials," or other similar designations in, or otherwise subject to regulation under, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended ("CERCLA"), 42 U.S.C. § 9601 et seq.; the Toxic Substance Control Act ("TSCA"), 15 U.S.C. § 2601 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 1802; the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 9601, et seq.; the Clean Water Act ("CWA"), 33 U.S.C. § 1251 et seq.; the Safe Drinking Water Act, 42 U.S.C. § 300 et seq.; the Clean Air Act ("CAA"), 42 U.S.C. § 7401 et seq.; the Hazardous Waste Control Law, California Health and Safety Code § 25025 et seq., the Carpenter -Presley -Tanner Hazardous Substance Account Act, California Health and Safety Code, Division 20, Chapter 6.8, the Hazardous Materials Release Response Plans and Inventory Act, California Health and Safety Code, Division 20, Chapter 6.95, The Underground Storage of Hazardous Substances Act, California Health and Safety Code, Division 20, Chapter 6.7, the Porter -Cologne Act, California Water Code § 13050 et seq. and in any permits, licenses, approvals, plans, rules, regulations or ordinances adopted, or other criteria and guidelines promulgated pursuant to the preceding laws or other similar federal, state or local laws, regulations, rules or ordinances now or hereafter in effect relating to environmental matters (collectively the "Environmental Laws"); and any other substances, constituents or wastes subject to any applicable federal, state or local law, regulation, ordinance or common law doctrine, including any Environmental Law, now or hereafter in effect, including, but not limited to, (A) petroleum, (B) refined petroleum products, (C) waste oil, (D) waste aviation or motor vehicle fuel, (E) asbestos, (F) lead in water, paint or elsewhere, (G) radon, (H) polychlorinated biphenyls (PCB's) and (I) ureaformaldehyde. 10. COVENANTS REGARDING CONDITION OF PROPERTIES PENDING CLOSING. As to the properties that each party is transferring to the other pursuant to this Agreement, the parties agree that during the period between the Effective Date of this Agreement and the Closing Date: a. Each party shall maintain the property it is transferring to the other in not less than the state of repair as that existing on the Effective Date (excepting ordinary wear and tear) and shall not alter the physical condition of the property without the written consent of the other party; b. Neither party shall convey, grant, lease, assign, mortgage, hypothecate, encumber, or otherwise transfer (on or off record) the property it is transferring to the other, or any interest therein. 11. USE OF IMMEDIATE POSSESSION AREA: While it is the parties intent to close the transaction provided for by this Agreement and cause the completion of the improvements to the Replacement Pathway prior to the date that the City will need to provide the County of Riverside's contractor with possession of the Jefferson Street construction area, the parties recognize that it may not be possible to do so. If, prior to the Closing of Escrow, as defined above, the City needs to utilize or provide the contractor with the Immediate Possession Area in order to not delay the street widening 2156/015610-0008 526791.09 a01/13/05 activities being undertaken by the County, the City may, in its reasonable discretion, notify Indian Springs of this need and Indian Springs, within ten (10) business days of receiving the notice, shall transfer and convey to the City of possession of the Immediate Possession Area, which conveyance shall be evidenced by Indian Springs' execution and acknowledgement, and delivery to the Escrow Holder, of an irrevocable license agreement ("License Agreement") in a form and content contained in Exhibit 8 attached hereto and incorporated herein by this reference. The City shall pay all costs associated with the recordation of the License Agreement. Upon issuing the notice to Indian Springs of the need for pre -Closing possession, and prior to utilizing the Immediate Possession Area in a manner that would interfere with the current use of the existing cart path, the City will provide funding for temporary improvements for a substitute golf cart path if the permanent improvements have not yet been completed. Indian Springs, with its own forces, or under contract, will install the improvements needed for the temporary cart path in the general location and dimensions shown on Exhibit 3. The City shall reimburse Indian Springs for the following costs reasonably incurred by Indian Springs in establishing the Temporary Cart Path: (1) the rental charges for any equipment needed to level or grade the base of the temporary cart path and the documented labor costs for the work; (2) the cost of decomposed granite or asphalt to be installed on the temporary cart path; and (3) any other actual expenses approved in writing, in advance, by the City's Public Works Director, for the temporary cart path. Indian Springs shall submit documentation for its request for reimbursement for these three items. Reimbursement will be within thirty (30) days after the City's Public Works Director approves the request. At any time during the actual construction of the Jefferson Street Widening Project, Phase II, the Temporary Cart Path may be relocated in the City's or the County of Riverside's discretion as needed to facilitate the construction activities on Jefferson Street. All the expense of providing for a temporary relocation in a safe manner shall be borne by the City. Once approved by the City's Public Works Director for temporary use by Indian Springs, the maintenance obligations and maintenance costs of the temporary cart path shall be borne solely by Indian Springs. Indian Springs agrees to indemnify, defend, and hold the City and its employees, officers, and agents ("Indemnified Parties") harmless from any and all claims, causes of action, obligations, losses, liabilities, judgments and damages, including reasonable attorneys fees and costs of litigation (collectively "Claims") arising out of and/or in any way relating to the use of the temporary cart path by any person associated with the Golf Course. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims, Indian Springs shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable attorneys' fees, incurred in defense of such claim. In addition, Indian Springs shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. 12. IMPROVEMENTS TO REPLACEMENT PATHWAY. Within five (5) business days after the Effective Date of this Agreement, Indian Springs shall commence the installation of the improvements it deems necessary for the Replacement Pathway, and shall diligently pursue the improvements until completed. The plans for the improvements, along with estimated costs for their installation, shall be approved in writing in advance of the installation by the City's Director of Public Works ("Director"). 2156/015610-0008' J O 526791.09 a01/13/05 The City shall reimburse Indian Springs for the actual cost of installing a concrete pathway in the alignment of the Replacement Path, substantially similar in terms of width, depth, and composition to the golf cart pathway that exists on the Indian Springs Parcel as of the Effective Date of this Agreement. The City shall cooperate and coordinate with the construction, shall facilitate the issuance of all necessary permits, and shall waive any building permit fees. The reimbursement shall be in accordance with the estimate approved by the Director, subject to modifications he has pre -approved, in writing. Reimbursement shall be made within thirty (30) days of receipt of documentation of the expenditure. If Indian Springs wishes to upgrade the pavement style or materials, any such upgrades will be at Indian Springs' sole expense. The improvement area shall extend approximately five (5) feet to the west of the easterly boundary of the Former Lilley Parcels in order to connect to the existing pathway. Once the Replacement Pathway is approved for use by the City's Public Works Director, Indian Springs shall undertake all maintenance related to the Replacement Path. After the Closing, Indian Springs will have the sole obligation to maintain the Replacement Pathway and the Replacement Property. 13. EXCHANGE AS FULL COMPENSATION. The parties agree that the property exchange and reimbursement for improvement costs reflected in this Agreement constitute the full just compensation that Indian Springs is entitled to for the City's acquisition of the Indian Springs Parcel, and is inclusive of any claims for loss of goodwill, lost profits, lost business income, attorneys' fees, or claims under the State Relocation Assistance Law (California Government Code Sections 7260 et seq.; Relocation Assistance and Real Property Acquisition Guidelines, California Administrative Cove Title 25). Indian Springs waives any and all rights it may have to seek additional compensation for such claims. This Agreement is entered into in lieu of proceeding with eminent domain proceedings as to the Indian Springs Parcel. The parties agree that after the Closing, the parties will take all necessary steps to eliminate the Indian Springs Parcel from the existing eminent domain action pending between the parties entitled, City of La Quinta v. Supper Club Golf, LLC, Riverside Superior Court, Indio Branch, Case No. INC045225, whether by filing of a Notice of Partial Abandonment under Code of Civil Procedure section 1268.510, or some other procedure acceptable to the Court. Indian Springs waives any right to object to any such notice of abandonment or other withdrawal by City of the Indian Springs Parcel from the above - referenced action, and likewise waives any claim to damages, costs, or litigation expenses, including attorneys' fees, arising from City's removal of the Indian Springs Parcel from such action. Indian Springs likewise waives any claim to compensation or damage to any of Indian Springs' remaining properties, under Code of Civil Procedure section 1263.410 et seq. or otherwise, which Indian Springs has or may assert relating to the replacement and relocation of the cart path, as contemplated by this Agreement, and agrees that the performance by City of its obligations hereunder shall, and does, constitute full, fair, and final compensation relating to the City's acquisition of the Indian Springs Parcel, and the construction of the City's Jefferson Street Widening Project, Phase II, with regard to any impact therefrom on the Cart Path. 14. MISCELLANEOUS. 2156/015610-0008 526791.09 a01/13/05 4J 11 14.1. Applicable Law. This Agreement shall be governed by, and construed under, the laws of the State of California. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. The rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times of any other right or remedies for the same default or any other default by the other party. Service of process shall be made in any manner permitted by law and shall be effective whether served within or outside of California. 14.2. Notices: Unless otherwise provided herein, all notices required to be delivered under this Agreement or under applicable law shall be (i) personally delivered, or (ii) delivered by United States mail, prepaid, certified, return receipt requested, or (iii) delivered by reputable overnight document delivery service that provides a receipt showing date and time of delivery. Notices personally delivered or delivered by a document delivery service shall be effective upon receipt. Notices delivered by mail shall be effective at noon on the second business day following deposit with the United States Postal Service. A party hereto may at any time, by giving ten (10) days' written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be delivered to the following addresses: To City: City of La Quinta Attn: City Manager 78-495 Calle Tampico La Quinta, CA 92253 With Copy to: Rutan & Tucker, LLP Attn: M. Katherine Jenson 611 Anton Blvd., 14t' Floor Costa Mesa, CA 92626 To Indian Springs: Supper Club Golf, LLC Attn: J. Donald Olson 80-227 Indian Springs Drive Indio, CA 92201 With Copy to: Roemer, Harnik & Nethery, LLP Attn: Brian S. Harnik 45-025 Manitou Drive Indian Wells, CA 92210 2156/015610-0008 12 526791.09 a01/13/05 2 3A 3 14.3. Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party hereto by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. The Section headings are for purposes of convenience only, and shall not be construed to limit or extend the meaning of this Agreement. 14.4. Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement, and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties with respect to the subject matter hereof, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. This Agreement shall have no effect upon the respective rights of the parties with respect to any other properties owned by the parties. 14.5. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same document. IN WITNESS WHEREOF, the parties have executed this instrument as of the day and year first written above. ATTEST: By: City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP By: City Attorney "CITY" CITY OF LA QUINTA, a California municipal corporation 0 Thomas P. Genovese, City Manager [Signatures continued on next page] 2156/015610-0008 1 526791.09 a01/13/05 - 2 4U "INDIAN SPRINGS" SUPPER CLUB GOLF, LLC, a California limited liability company am 1.0 Its: Its: 2156/015610-0008 14 526791.09 a01/13/05 42 4 1 Pht MOP 604.YY (Opp ;rw PIZ) CAMAL #JAL &TA= AHR4 AKuvm a A ow a w Exhibit I 2A The real property and improvements thereon situated in the State of California, County of Riverside, City of La Quinta, are described as follows: Lot 19 of Tract 2190, as Shown by Map on File in Book 41, Pages 55, 56 and 57 of Maps, Records of Riverside County, California. Excepting Therefrom the South 35 Feet of Said Lot 19. Also Excepting Therefrom the Following Described Property: Commencing at the Northwest Corner of tot 18 of Said Tract; Thence South 0° 04' 39" East, 18.71 Feet to the True Point of Beginning; Thence South 0° 04' 39" East, 95.00 Feet; Thence North 89° 55' 21 ", 100.00 Feet to the l✓W Line of Said Lot 19; Thence North 00 04' 39* West, 95.00 Feet; Thence South 89° 55' West, 100.00 Feet, to the True Point -of Beginning. APN 649-071-010 Exhibit 2 w t2-�6-3804 03:48F11 FRO* T-SSS P.003/003 F480 Exhibit 3 r '' 12-16-2004 03:47PM FROW v Y V INDICATES R.G.W. FOR JEFFERSON STREET 3,340 S.F. t T-94R D AA9/AAs e_19e0% C/L WES?'WARD HO DRIVE LUT )$ + TRACT N0. 2 ' M.B, 4 1 /56--55 1 EXHIBIT"i3,, PLAT TO ACCOMPANY A LLWAL AESCRIPTIOM FOR: JEFFERSON STREET RIGHT --Off'- wAY. (APN 649-071-008) (APN 649-077—009)(APH 649-071 —029) �i SmEET 1 OF Z SHEET $ r«-aw"fta • 6e6449. a N N N *40 edMr•Y N t�.aoe� cx�o�r►�ea•uM Q d N ii U fl't N Q �+tw� . ts.k 7�p • .wiP1U•`as s DATE: OECEWIER 15, M04 .A►+t 24-�10Q307'-68 Exhibit 4a EXHIBIT 4b Replacement Property — Legal Description 2156/015610-0008 526791.09 a01/13/05 ^ 0 1 l� EXHIBIT 5 Fidelity Title Insurance Company Instructions 2156/015610-0008� 526791.09 a01/13/05 20 2156/015610-0008 526791.09 a01/13/05 21 EXHIBIT 6 Form of Grant Deed to City for Indian Springs Parcel RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Manager SPACE ABOVE THIS LINE FOR RECORDER'S USE (Exempt from Recordation Fee per Gov. Code § 6103) GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SUPPER CLUB GOLF, LLC, a California limited liability company, hereby grants to the CITY OF LA QUINTA, a California municipal corporation, that certain real property located in the City of La Quinta, County of Riverside, State of California, legally described on Attachment No. 1, which is attached hereto, and incorporated herein by this reference, subject to all matters of record. Dated: 92005 SUPPER CLUB GOLF CLUB, LLC, a California limited liability company By: Its: By: Its: 2156/015610-0008 526791.09 a01/13/05 22 2119 STATE OF CALIFORNIA ) ) ss COUNTY OF ) On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] STATE OF CALIFORNIA ) ) ss COUNTY OF ) On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 2156/015610-0008 526791.09 a01/13/05 0 23 ATTACHMENT NO. 1 LEGAL DESCRIPTION OF PROPERTY The land referred to is situated in the State of California, County of Riverside, City of La Quinta, and is described as follows: [To be inserted] ,;I .- 2156/015610-0008 526791.09 a01/13/05 24 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the Grant Deed dated , from Supper Club Golf, LLC, to the City of La Quinta, a municipal Corporation, ("City") is hereby accepted by the City by the signature of the undersigned agent on behalf of the City pursuant to the authority conferred upon him by Resolution No. 2003-083, adopted on September 16, 2003, and that the City, as the Grantee, by its said duly authorized agent, hereby consents to the recordation thereof. DATED: CITY OF LA QUINTA, a Municipal Corporation Bv: Name: Thomas P. Genovese Its: City Manager I HEREBY ATTEST to the authenticity of the foregoing signature and to the said adoption of the said Resolution of his general authority to so act and certify that said authority has not been revoked by any subsequent Resolution or order of the City. DATED: June S. Greek, City Clerk, City of La Quinta 2156/015610-0008 ti 526791.09 a01/13/05 "' " EXHIBIT 7 Form of Grant Deed to Indian Springs for Replacement Property [Attached] 2156/015610-0008 2 2 6 526791.09 a01/13/05, �'a WHEN RECORDED MAIL TO: Indian Springs Land Company, LLC Attn: J. Donald Olson 80-227 Indian Springs Drive Indio, CA 92201 Space above this line for Recorder's Use EXEMPT FROM RECORDER'S FEE PER GOV. CODE §27383 GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF LA QUINTA, a municipal corporation, hereby GRANTS to the SUPPER CLUB GOLF, LLC, a California limited liability corporation, that certain real property in the County of Riverside, State of California, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. ATTEST: By: City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP o City Attorney "CITY" CITY OF LA QUINTA, a California municipal corporation M Thomas P. Genovese, City Manager 4W :) 4 2156/015610-0008 27 526791.09 a01/13/05 STATE OF CALIFORNIA ss. COUNTY OF ) On , before me, , Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] STATE OF CALIFORNIA ) ss. COUNTY OF ) On , before me, , Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 2 2156/015610-0008 — �5 28 526791.09 a01/13/05 EXHIBIT A Legal Description and Depiction of Replacement Property 2156/015610-0008 �% 29 526791.09 a01/13/05 2156/015610-0008 526791.09 a01/13/05 30 EXHIBIT 8 License Agreement for Possession of Immediate Possession Area WHEN RECORDED MAIL TO: City of La Quinta Attn: City Manager 78-495 Calle Tampico La Quinta, CA 92253 Space above this line for Recorder's Use EXEMPT FROM RECORDER'S FEE PER GOV. CODE §27383 EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV. & TAX. CODE § 11922 Signature of Declarant or Agent determining tax — Firm Name IRREVOCABLE LICENSE AGREEMENT FOR POSSESSION OF PROPERTY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SUPPER CLUB GOLF, LLC, a California limited liability company, hereby irrevocably transfers and conveys to the CITY OF LA QUINTA, a California municipal corporation, the right to enter, hold, possess, and use for all purposes incidental to the placement, construction, maintenance, and operation of the Jefferson Street Widening Project, Phase II, the easterly 192 square feet ("Immediate Possession Area") of the real property described in Exhibit A ("Indian Springs Parcel"), attached hereto and incorporated by this reference. The Immediate Possession Area is 12 feet wide and 16 feet deep, and is located at the easterly edge of the Indian Springs Parcel, adjacent to the existing Jefferson Street right-of-way, County of Riverside, State of California, all as more specifically described in Exhibit "A" hereto. Dated: 52005 SUPPER CLUB GOLF CLUB, LLC, a California limited liability company By: Its: By: Its: 31 2156/015610-0008 4. 4.58 526791.09 a01/13/05 STATE OF CALIFORNIA ) SS. COUNTY OF ) On , before me, , Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] STATE OF CALIFORNIA ) ss. COUNTY OF ) On , before me, , Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 2156/015610-0008 526791.09 a01/13/05 Exhibit A Legal Description The real property and improvements thereon situated in the State of California, County of Riverside, City of La Quinta, are described as follows: Lot 19 of Tract 2190, as Shown by Map on File in Book 41, Pages 55, 56 and 57 of Maps, Records of Riverside County, California. Excepting Therefrom the South 35 Feet of Said Lot 19. Also Excepting Therefrom the Following Described Property: Commencing at the Northwest Corner of Lot 18 of Said Tract; Thence South 0° 04' 39" East, 18.71 Feet to the True Point of Beginning; Thence South 0° 04' 39" East, 95.00 Feet; Thence North 89" 55' 21 ", 100.00 Feet to the East Line of Said Lot 19; Thence North 0° 04' 39" West, 95.00 Feet; Thence South 89' 55' West, 100.00 Feet, to the True Point of Beginning. APN 649-071-010 'C)033 2156/015610-0008 526791.09 a01/13/05 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by a Irrevocable License Agreement For Possession Of Property dated , from Supper Club Golf, LLC, to the City of La Quinta, a municipal Corporation, ("City") is hereby accepted by the City by the signature of the undersigned agent on behalf of the City pursuant to the authority conferred upon him by Resolution No. 2003-083, adopted on September 16, 2003, and that the City, as the Grantee, by its said duly authorized agent, hereby consents to the recordation thereof. DATED: CITY OF LA QUINTA, a Municipal Corporation Bv: Name: Thomas P. Genovese Its: City Manager I HEREBY ATTEST to the authenticity of the foregoing signature and to the said adoption of the said Resolution of his general authority to so act and certify that said authority has not been revoked by any subsequent Resolution or order of the City. DATED: June S. Greek, City Clerk, City of La Quinta 34 2156/015610-0008 '42. 6 526791.09 a01/13/05 0 M M-W 9V " wra OF COUNCIIJRDA MEETING DATE: January 18, 2005 ITEM TITLE: Consideration of Appointment of a Member to the Community Services Commission. wr-wwa Ma ME -&OM A TOAAI AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Appoint one new member to the City of La Quinta Community Services Commission. �Mww AL ■ ■a Mw■ ■A A 9PZ0%ft10A _ None. CHARTER CITY IMPLICATIONS: None. Staff received a letter from Mr. Tom Vaughn in which he advised he would be unable to continue as a member of the Community Services Commission. Mr. Vaughn was appointed for a two-year term beginning July 1, 2004. Your choice of a replacement would serve until June 31, 2006. The recruitment was advertised twice in the Desert Sun local section. As of the January 12, 2005 deadline the following applications were received and are attached: 1. Ken Napper 2. Mark Weber 262 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 Appoint one new member to serve on the City of La Quinta Community Services Commission for a term ending June 31, 2006; or 2. Do not appoint one new member to serve on the City of La Quinta Community Services Commission for a term ending June 31, 2006; or 3. Provide staff with alternative direction. Respectfully submitted, Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 a. Application to the Community Services Commission filed by Ken Napper 1 b. Application to the Community Services Commission filed by Mark D. Weber 2 263 'Attachment la Date: / - 63 - pS RE IV; E'D 20105 J ' 10 PM 12: 28 CITY OF LA QUINTA G i T ° "' PLICATION TO SERVE rs Sr x e, k r ON LA QUINTA COMMUNITY SERVICES COMMISSION NAME: /% � --- /U /I/M)ggk= HOME ADDRESS: �'95 � A4X)bC=41,01U JLVZ',, ,4 C,9. 2 5 TELEPHONE: (HOME&ID)✓��%- —BUSINESS:fZ�D�©� EMAIL: e FAX r71o1_1)426Qj0- V 'A")USINESS ADDRESS e�! U/_3 Ae, ALPI , �klE;e a2 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD_/%%d� C4Q1() Cann mE,rl aF- 1�1-G io44A 1, 44A)A�6::vt LENGTH OF RESIDENCE IN LA QUINTA: IJ HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? 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. 1��TF-Ze2AJ DF -lr� L ,ZA) S;WC� ,� USTie /,' /T7f 1 LE 1 4_S7 sV4.4�5 Al AgZ2&Cifk-: ii'1T, 'WAY WA A FAZAMFWA _s�4 vz tqs -r,74,C e-�0 - 04,41,e OF 7;VE E V25 r7 /��WWI/U 264 ".1P7 fn i rr_1_= r_- . f APPLICATION, COMMUNITY SERVICES COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community Services Commission. ' E Alm'qlPeY &1,0,0 SE Dif- 7Nc' �'/�dYI�'j'l U�Ui API/! L X, S TD �S E9V1 CrES TD 72VgE Z:X v - 7 14!:-:: S '�ZeE 7-;42r-' 2e49S4a/iJ S'/P / L / 7-7 LS D� r, , s ii,Pi r> 6 77 What specific issues or problems face the La Quinta Community Services Commission and do you have any suggestions to address those issues or problems? / ff E SOL U?7D/1% f �. S l7" IS D l S (°eA257--'9/U? _EiSfAjo!� 6---4&/Us / /1 r y What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Community Services Commission? Phif114k -7gADUr,r /1tY ,r)fi A A&AZ-&FiL 4,p AA)l TA77dA2 7"YAT lS EA'zrA7"EA 7-0 5eeV1AjzQ T�L AlEe -5 8F e7-1/E.4-S, Z��S/) � { CA I ZIJ (541,=TiIA/(op y H?qiU bS - DAI '1 zXl (/DL tom' � 77 5 mil/ 11 /V ,6,6S 67F G,4 4LAZ222 . PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 265 s AttachmentiIh, ; Date: January 12, 2005 Ell PM 9 CITY OF LA QUINTA c, 'f . { , r APPLICATION TO SERVE TA ON LA QUINTA COMMUNITY SERVICES COMMISSION NAME: Mark D. Weber HOME ADDRESS: 78795 Wakefield Circle, La Quinta, CA 92253 TELEPHONE: (HOME) 760.200.1098 BUSINESS: 760.427.8038 EMAIL: mdweber@iid.com FAX: 760.391 5999 BUSINESS ADDRESS gl-Ann Awpn,ip 58, La Quinta, CA 92253 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD IID Energy - Key Customer Representative LENGTH OF RESIDENCE IN LA QUINTA: June 9QQ4 Cannrnx_ 7 months) 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. Various elected and appointed positions - familiar with committee structure. Coached in La Quinta and familiar with parks - AYSO coach 2004. Have children who use the City of La Quinta parks. Desire, EKergy, Enthusiasum to do the job. ✓s PLICATION, COMMUNITY SERVICES COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community Services Commission. The commission functions in an advisory capacity to the City COuncilan and works with the Community Services Department Director The commission works for the citizens of La QUinta to analyze community services' programs, proposing recreation and social programs and evaluating their effectiveness in meeting the needs of the community. Meeting monthly with additional time rgquir-ameats as necessary. What specific issues or problems face the La Quinta Community Services Commission and do you have any suggestions to address those issues or problems? Balancing the community needs with City resources. Evaluating effectiveness of programs objectively. Research and solicitation of grants and donations. Maintaining the level of quality in programs and parkk. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Community Services Commission? I bring a well rounded background of community involvement. I bring energy, enthusiasum and the positive attitude necessary. I have ?act exn ripnep in running cnortc p-rpgramc, Coaching and as a board director of a 501-C-3 nonprofit organization operating a sports league. 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 � 7 Mark D. Weber 78795 Wakefield Circle La Quinta, California 92253 760.427.8038 (W) 760.200.1098 (H ) mdweber@iid.com Life Objective: To be a valued member of successful teams, attaining challenging goals, in environments that foster personal and professional growth, aligned with team goals and objectives. PROFESSIONAL EXPERI ENCE IID Energy - Imperial Irrigation District La Quinta, CA KEY CUSTOMER REPRESENTATIVE - COACHELLA 2004 TO PRESENT - Lead Key Customer Program in Coachella Valley - Develop and Implement Marketing Strategies with Key Customers - Develop and Implement Industrial Development Program - Frequent contact with Key Customers regarding power operations, rates, regulations, energy efficiency, billing and load management - Participate in Special Company Events & Community Programs Department of Public Utilities City of Orangeburg, SC CUSTOMER RELATIONS SUPERVISOR 2002 TO 2004 - Supervised 10 employee Customer Service Department - Continued prior responsibilities as Key Accounts Representative KEY ACCOUNTS REPRESENTATIVE 1998 To 2004 - Directed Key Accounts Program & Serviced Key Accounts - Negotiated and Administered Electric Contracts with Key Accounts - Developed and Implemented Marketing Strategies - Developed and Implemented Industrial Development Program - Lead Public Relations Activities and Media/Advertising Activities - Organized and Lead Special Company Events & Community Programs - Member of Department Safety Team Raytheon Systems - Hughes Orangeburg, SC BUSINESS ANALYST 1990 TO 1998 - Fiscal Contract Management for Three Major Product Lines - Developed Cost Estimates using Manufacturing Cost System - Negotiated and Administered Contracts Valued up to $10 M - Briefed all Levels of Management on Cost Performance - Performed Budget/Cost Analyses to Determine Current Performance - Performed Intemal Financial Audits to Verify Cost Projections - Coordinated New Business Proposal Team Activities - Represented Company in Governmental Audits and Fact Finding - Member of Company ISO 9002 Quality Audit Team 266 7 TRW Inc. - Space and Defense Redondo Beach, CA and Spartanburg, SC BUSINESS ANALYST 1985 TO 1990 - Site Business Manager for $24M Savannah River Site Sub -Contract - Briefed Customer, Government & Management on Cost Performance - Performed Budget/Cost Analyses to Determine Current Performance - Analyzed Cost & Schedule Variances and Initiated Corrective Actions - Supervised Overhead, Bid/Proposal & Research/Development Budgets. - Prepared Manpower, Sales, Financial and Salary Forecasts E D U C A T I O N Winthrop University - South Carolina MASTERS - BUSINESS ADMINISTRATION University of California, Los Angeles BACHELORS - PSYCHOLOGY, W/BUSINESS EMPHASIS Special Coursework UNIVERSITY OF CAMBRIDGE - LEYES COLLEGE - ARCHITECTURE, LITERATURE, HISTORY; UCLA EXTENSION - GOVERNMENT CONTRACTING; REAL ESTATE; GRANT WRITING; CONTRACT NEGOTIATIONS; MARKETING. ORGANIZATIONS / ACHIEVEMENTS MEMBER, LEADERSHIP COACHELLA VALLEY, CLASS OF 2005 COACH, AYSO LA QUINTA, PRESENT DIRECTOR, CITY OF COACHELLA CHAMBER OF COMMERCE, PRESENT MEMBER, ROTARY CLUB OF LA QUINTA, 2004 TO PRESENT MEMBER, ROTARY CLUB OF ORANGEBURG, 1998-2004 SERVED: DIRECTOR/SECRETARY, 2002-2004 MEMBER, KEY ACCOUNTS COMMITTEE OF APPA, 2000 TO PRESENT MEMBER, DOWNTOWN REVITALIZATION ASSOCIATION, 1998-2004 MEMBER, SC ECONOMIC DEVELOPMENT ASSOCIATION, 2001-2004 MEMBER, WATER ENVIRONMENT FEDERATION, 1998-2004 TRUSTEE, REGIONAL MEDICAL CENTER - ORANGEBURG,1998-2002; SERVED: CHAIRMAN, STRATEGIC & FACILITY PLANNING COMMITTEE, 1999-2002;EXECUTIVE COMMITTEE; FINANCE; PERSONNEL & EMPLOYEE RELATIONS COMMITTEES DIRECTOR, ORANGEBURG COUNTY CHAMBER OF COMMERCE, 1999-2001 SERVED: VICE PRESIDENT, BUSINESS DEVELOPMENT, 1999-2000; COMMITTEE MEMBER, PUBLIC RELATIONS, 1998-2004; CHAIRMAN'S AWARD "FOR OUTSTANDING, UNSELFISH SERVICE", 1998; GRADUATE, LEADERSHIP ORANGEBURG COUNTY - CLASS OF 1997 CHAIRMAN, SOUTH CAROLINA "FESTIVAL OF ROSES" ROAD RACES - 2001 COUNCILMAN, TOWN OF CORDOVA, SC ELECTED 1994, RE-ELECTED 1998 DIRECTOR, MILLENNIUM HEALTHCARE NETWORK - 1998-2000 MEMBER, SC DHEC - INDOOR AIR QUALITY IN SCHOOLS COMMITTEE, 2000 CHAIRMAN, ORANGEBURG COUNT AMERICAN HEART WALK, 1999 CHAIRMAN, ORANGEBURG COUNTY COMMITTEE, SC PARKS, RECREATION AND -TOURISM, NATIONAL HERITAGE CORRIDOR, 1998-2001 DIRECTOR, EDISTO DIXIE YOUTH SPORTS INC., 501 C-3, 1997-1999 FOUNDING PRESIDENT, UCLA CHAPTER -SIGMA PHI EPSILON, 1985 �40 COUNCIL/RDA MEETING DATE: ,January 18, 2005 ITEM TITLE: Consideration of an Operation and Maintenance Agreement for the Fritz Burns Park Pool with the Family YMCA of the Desert RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: Z. CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve an Operation and Maintenance Agreement with the Family YMCA of the Desert ("YMCA") for the Fritz Burns Park Pool subject to any final changes approved by the City Manager and City Attorney, and direct staff to pursue the City's contractual right of reimbursement as a result of the Coachella Valley Recreation and Park District's ("District") termination of the pool operation and maintenance agreement between the District and the City. FISCAL IMPLICATIONS: The Fiscal Year 2004-05 budget contains $16,500 for the City's 2005 contribution for pool operation under the former pool operation agreement with the Coachella Valley Recreation and Park District ("District"), as well as $1,500 for non -routine maintenance items should they arise. Should the City Council elect to enter into an agreement with the YMCA, additional funding would not be required in the 2004- 05 budget. However, the City is entitled to reimbursement from the District in the amount of $169,284 due to the District's termination of its agreement with the City. Once received, this refund would fund approximately five years of pool operation and maintenance. CHARTER CITY IMPLICATIONS: None. 4. 1 0 BACKGROUND AND OVERVIEW: On January 20, 1998, the City entered into an Operation and Maintenance of Facility Agreement ("Agreement") with the District for operation of the Fritz Burns Park Pool ("pool"). The Agreement is provided as Attachment 1. As outlined in Section 10 of the Agreement, the City agrees to compensate the District for the first eighteen 0 8) years of the Agreement. The initial payment was $26,174 with the payments decreasing by $1,454 each year. The term of the Agreement was for twenty-five (25) years, to run through May 2023. Pursuant to Section 3 of the Agreement, either party has the right to terminate this Agreement with or without cause. Six months' written notification of a decision to terminate was required to be given prior to the effective date of termination. As explained below, there are financial consequences to early termination of this Agreement. In a letter dated April 30, 2004 (Attachment 2), the District notified the City that the District was exercising its right of termination, effective November 1, 2004. In a meeting prior to April 30 with City Staff, Mr. Stan Ford, General Manager of the District, stated that the District is unable to absorb the cost of operating the pool. In both the letter of April 30, and in subsequent communications of July 14, 2004 and July 20, 2004 (Attachment 3), Mr. Ford stated the District was willing to pursue an agreement on different terms to operate the pool. However, pursuant to the correspondence dated April 30, 2004, the District had terminated the Agreement. Due to the termination of the Agreement, the District is now required to reimburse the City for the City funds expended for the operation of the pool. Section 3 of the Agreement states that if the Agreement is terminated within the first 18 years of its term, "... the party terminating this agreement will reimburse the other party all money that has been expended by the other party during previous years." The City has paid the District $169,284 since 1998 for the operation of the pool, as shown in the following table: Year Participants Revenue City Contribution Expenses CVRPD Contribution 1998 11,709 $15,924 - $26,174 $65,570 $23,472 1999 12,983 $17,583 $26,720* $72,603 $28,300 2000 13,971 $23,890 $261366* * $75,21 1 $24,955 2001 14,545 $29,962 $33,312* * * $75,525 $12,251 2002 18,539 $29,740 $20,358 $88,105 $38,007 2 r) r- 2 7 1 2003 17,113 $37,205 $18,904 $77,270 $21,161 2004 14,014 $25,606 $17,450 $78,065 $35,010 Total 102,874 $179,910 . $169,284 $ 532,349 $183,156 Average 14,696 $ 25,701 $ 24,183 $ 76,049 $ 26,165 *Includes $2,000 for additional nours curing aepiemQer anu ucIUUUF w L11C UU1iL10c«u all of $ 24, 720. **Includes $3,100 for additional hours during September to the contracted amount of $23,266. ***Includes $1 1, 500 City contribution for misting system and heat blanket to the contracted amount of $21,812. The District must now return the $169,284 to the City. As shown in the chart above, attendance at the pool had declined for the last two years. According to District staff, the decline of participants in 2004 was due to the District's inability to hire staff for the spring season and the lack of pool parties provided to the public. After receiving the notification from the District that it was unable to operate the pool and was terminating the Agreement, staff contacted the YMCA regarding possible operation and maintenance of the pool. Attachment 4 provides the draft proposal for operation and maintenance of the pool from the YMCA. The YMCA is recommending that the first $5,000 of annual program deficit (deficit created by the cost of offering programs versus revenue generated) realized by the YMCA in operations of the pool would be covered by the YMCA. The YMCA would then split the remaining program deficit equally between the YMCA and the City up to a cap of $15,000 on behalf of the YMCA. Based upon past revenue and expenditures for the pool, it is estimated the annual cost to the City would not exceed $15,000 if the agreement with the YMCA were approved by the City Council. As a comparison, in the correspondence dated July 20, 2004 (Attachment 3), the District had offered to enter into a revised agreement to include annual payments to the District of $38,000 plus cost of living increases and increases of minimum wage to be passed along to the City for pool personnel. Staff has concluded that the option presented by the YMCA is more cost effective for the City. It should be noted that the YMCA is requesting the City pay for maintenance, repair and replacement of the pool equipment, pool chemicals and restroom supplies. Currently, the City budgets $1,500 per year for the non -routine maintenance/repair costs to the facility. Attachment 5 is a draft Operation and Maintenance Agreement with the YMCA, with a provision for the City to contract with a pool service for cleaning and maintaining the pool, which includes supplying the chemicals and contracting the janitorial service for the pool house. It is estimated that the pool service will cost $8,400 per year and the janitorial service is estimated at $2,500 per year for an additional cost to the City of 3 4. 4. $10,900. With the estimated $15,000 of program deficit and $10,500 of service costs, the total cost to the City to contract with the YMCA to operate the pool would be $25,500. Reimbursement from the District in the amount of $169,284 would represent an estimated six -year contribution to the YMCA for operation and maintenance of the pool. Repair and replacement of the pool equipment would be the sole responsibility of the City except in the case of negligence on the part of the YMCA with regard to the pool and pool equipment. The YMCA has requested the contract be renewed annually. The City has agreements with organizations that use City facilities that operate on an annual basis such as the Historical Society at the City's museum. The YMCA is exploring the option of being able to offer extended pool hours over the District's previous hours of operation. As with all YMCA programs, participants that are not financially able to participate in the swim programs will be able to apply for financial assistance, subject to income verification. Financial assistance will be available to the public, regardless of participation in other YMCA programs. The YMCA had requested that the City indemnify the YMCA unless the injury is caused solely by the negligence of the YMCA Staff. The City Attorney recommended against this change, and instead has included the standard provision for the City to be indemnified by the YMCA. YMCA has the responsibility of full operations of the pool, including the maintenance of the facility and the selection and training of staff. Whether an injury was caused by the sole negligence of the YMCA would be very difficult to prove. Such an indemnity agreement would likely lead to disputes between the parties if a claim is made. Another option available for consideration is. the City's operation of the pool through the Community Services Department. Planning for the spring season would begin the first of the year and would require hiring lifeguard staff and providing training. In addition, the City would include the pool maintenance as a part of the contract the City has with the company that cleans the City's fountains. The cost to the City, after revenue is deducted, to operate the pool is estimated at a deficit of $52,000 per year and would require additional staff to be hired for pool operation. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: '3 ?7 1. Approve an Operation and Maintenance Agreement with the YMCA for the Fritz Burns Park Pool subject to any final changes approved by the City Manager and City Attorney, and direct staff to pursue the City's contractual right of reimbursement due to the District's termination of the Agreement between the District and the City; or 2. Direct staff to begin the process of the City operating the pool and direct staff to pursue the City's contractual right of reimbursement due to the District's termination of the Agreement between the District and the City; or 3. Direct staff to negotiate a new contract with the District for the operation of the pool and to pursue the City's contractual right of reimbursement due to the District's termination of the Agreement between the District and the City; or 4. Provide staff with alternative direction. Resp ctfully submitted, V die Horvitz, C munity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Operation and Maintenance of Facility Agreement 2. Letter dated April 30, 2004 from the District 3. E-Mail Correspondence from Mr. Ford 4. Correspondence from the YMCA 5. Draft Operation and Maintenance of Facility Agreement with the YMCA 5 tw4 ATTACHMENT 1 COACHELLA VALLEY RECREATION & PARK DISTRICT AND CITY. OF LA QUINTA FRITZ BURNS POOL OPERATION AND MAINTENANCE OF FACILITY AGREEMENT THIS OPERATION AND MAI1frENNANCE OF FACILITY AG (the "AGREEMENT") made and executed this -W day of '_T*.n u aR!i 19 4 Pby and � between the CITY OF LA QUINTA, a Municipal Corporation.- hereinafter called the City, and COACHELLA VALLEY RECREATION and PARK DISTRICT, a public agency, hereinafter called the "District." WITNESSETH: WBEREAS, the City intends to construct upon property owned by the City of La Quinta, a municipal swimming pool in the Fritz Burns Park located within the City of La Quinta, and WHEREAS, the District is operating other swimming•pools, throughout the Coachella Valley, and is desirous of assuming the supervision, control, maintenance and operation of this pool to provide recreational activity for the citizens of the City of La Quinta. NOW, THEREFORE, in consideration • of the foregoing and. the mutual promises and covenants set forth -herein, the District'and City agree as follows: 1.. ral Qion; The District shall operate and maintain the Fritz Burns Pool as a public swimming pool facility commencing when the City records the Notice of Completion. The Fritz Burns Pool shall be defined as provided. The pool shall be open, to the public every day at Fritz Burns Park during the hours of operation as determined by the District (See Attachment "Al. The hours as indicated in Attachment A are estimates. The actual hours of operation are subject'to change upon actual use by the public. The City shall have input regarding the hours -of operation. 2. Term: This agreement subject to termination pursuant to paragraph 3, shall be for a twenty- five (25) year period, commencing on Notice of Completion of said pool and continuing through May 2023. 3. Termination: Either- party has the right to terminate this agreement with or without cause. Six months written notice of a decision to terminate shall be given prior to the effective date of termination. If either party terminates this agreement during the initial eighteen (18) years of this agreement, the party that terminates will reimburse the other party all money that has been expended by the other parry during previous years. F:IPWDEPTIPROJECTW&Pod%MOUrev.WPO ii• 075 Tcnera • The District shall be responsible and pay for the maintenance and upkeep of the Fritz Burns Pool and equipment in a good and workmanlike manner. The City and District shall jointly be responsible for the major repair and replacement of equipment s, ' beaters and chlorinators, as well as such as plumbing, electrical, filter system, pump structural repair and replacement of the pool and premises shared at-50% each; except that any repair or replacement necessitated by the failure of the District to properly maintain and supervise the premises shall be paid for by the District. The City and District .shall mutually agree to the need for the repairs and the maximum allowable amount of the repairs in advance of commencing with the repairs. For non -emergency repairs, staff shall meet and agree upon -a proposed budget to submit for council and board approval by March 15 of each year. 5. n.Pfinition of Fritz Burns Pool: It is understood and agreed that the pool. area .is part of and within a City owned and operated park and that the responsibility of the District extends ade to that portion within the area outlined in red in Attachment BHattached hereto _ and a part hereof. District and City staff shall coordinate maintenance of the remainder of park and the Fritz Burns. Park pool to ensure smooth operation of the overall facility. 6 Recre.ation Services - Fritz Burns Pooh The District shall provide recreation services to the public at the Fritz Burns Pool during the Pool Season, including. adult and youth swimming activities, open swimming, and such other recreation services- as the District, in its sole discretion, may determine. 7. pgol Maintenance Services: The District will maintain in good o erating condition the Pool, ' men associated 1 buildings, maintenance equipment, .and related wading pool, pool equipment, pool personal property. The District shall have exclusive control of the pool and shall determine the manner and method for maintaining the same. The District may, in its sole discretion, enter into one or more maintenance contracts with third parties (e.g. a commercial pool cleaning company) to fulfill its obligations under this Section: g: -. In providing the recreation services pursuant to this Agreement, the District shall employ. only personnel District trained and screened by the District in accordance with the District's personnel policy rules, as established from time to time. 9. ; The District shall have the right to charge and collect fees from the public for the use of the Fritz Burns Pool facility and participation in the recreation programs and activities provided by the District. The amount of such fees shall be determined by the District in its sole discretion. 10. Payment for Operation and Maintenance: The City agrees to compensate the District the first year $26,174.00 and decrease by $1,454.00 each year for eighteen (18) years. The payment schedule shall be as follows: F:~ EPT%PROJ ECTS%FB P*WW O Unv.W ..PD 4.r76 PAYMENT SCHEDULE May' 1998 $26,174.00 May 1999 $24,720.00 May 2000 $23,266.00 May 2001 $21,812.00 May 2002 $20,358.00 May 2003 $18,904.00 May 2004' $17,450.00 'May 2005 $15,996.00 May 2006 $149542.00 May 2007 $13,.088.00 May 2009 $11,634.00 May 2009 $102180.00 May 2010 $ 81726.00 May 2011 $ 7,272.00 May 2012 $ 5,818.00 May 2013 $ 49364.00 May 2014 $ 2,910.00 May 2015 $ 1,456.00 • 11. No Dircriminglional The recreation services shall be provided in accordance with all local, state andfederallaws, without discrimination as to race, color, age, sex, or national origin. 12. Rcncafiny The District agrees to submit to the City annual reports covering such areas as operation, maintenance, training,. attendance, revenue and expenditures of the swimming pool. Annual reports shall be submitted to the City by April .1, of every year. 13. Tnsurance: - The District represents that it carries public liability insurance in the amount of $1,000,bW.00, and further agrees to name the City of La Quinta as an additional insured in connection with the operation of the leased premises. The District shall provide. the City with a Certificate of Insurance evidencing coverage for personal injury, property damage, and bodily injury. 14. Tndemnigotione The District hereby agrees to indemnify, defend and save.the City harmless from and -against any and all losses, claims, actions, fines, penalties, demands, damages, liability and expense", including attorneys' fees arising out of the operation of the pools and the provisions of recreation services hereunder, occasioned wholly or in any -part by any act or failure to act by the District, -its agents,: contractors, employees or servants. 15. Miscellaneous* a. Entire Agreement: This writing constitutes the entire agreement of the parties with respect to the subject matter hereof and may not be modified or amended except by a writing executed by all parties. b. No Waiver: No waiver of any breach or default hereunder shall be considered valid unless in writing, and no such waiver shall be deemed a waiver of any subsequent breach or default of the same or similar nature. F-.~EPT%PROJECTMP"1%MOtk*V-WPO X �'77 C. g�caes�aors: Without waiving any restrictions on transfer or assignment (either voluntary or involuntary) provided herein, this Agreement shall be binding upon, and shall- inure to the benefit of, the parties hereto, their respective heirs, personal representatives, successors and assigns. d jnyWidiZ Nany provision of this Agreement shall be invalid or unenforceable, such invalidity or unenforc bility shall attach only to such provision, and shall not in any manner affect or render invalid or unforceable any other severable provision of this Agreement, and this Agreement shall be carved out as if any such invalid or enforceable provision were not contained herein.. . e. Headinlll: The section headings contained herein are for the. purposes. of convenience only and are not intended to define or limit the contents of said sections. f . • The Agreement may be executed in one or more counterparts, all of which if taken together shall be deemed one original, 9 • Time is of the essence with respect to each and every term, condition and provision required to be performed under this Agreement. h. T iti�vation and Attorney s* In the event of any litigation between the parties . hereto with respect to the subject minhereof, the unsuccessful party to such litigation covenant agrees .to pay to the prevailing party, in addition to any other. relief to which it may be entitled. All. of such costs; fees shall be included in and become a part, of any judgment rendered in such litigation. is rlgire of Law* This Agreement shall be deemed to be a contract under the laws of the, State of California, For all purposes, it shall be construed and enforced in accordance with the internal laws of said State, without regard to the principles of conflicts of law. All notices, or demands of any kind, served -by either party to this Agreement by the other, shall be in writing and shall- be personally delivered, or mailed by registered or certified mail, return receipt requested, addressed -as follows: To: The City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253 Attn: Tom Genovese, City Manager With Copy to: Dawn Honeywell, City Attorney P.O. Box 2095 Orange, CA 92859 t 00 F.-~EPT$PNOJ ECTS%FBPOOAMOUrw.WPD To: Coachella Valley Recreation and Park District 45-871 Clinton . Street Indio, CA 92201 Attn: Don Martin, General Manager With Copy to: Thomas, Luebs & Mort 3403 Tenth Street, Suite 300 Riverside, CA 92501-3629 Attn: William E. Thomas , Any party may change the address set forth herein, by giving written notice of said change to the other. party. k. Qdmento This Agreement may. not be modified or amended except by a writing signed by the parties hereto.. EXECUTED the day and year first above set forth. CITY OF LA QUINTA, A Municipal Corporation, By: John PeAQ&yok A ST: Saundra Juhola, aty Clerk CITY OF LA QU$NTA d COACB ELLA VALLEY RECREATIONan PARK DISTRICT, a Public Agency By: Francisco Duran, President By: Don Makin, General Manager ATTEST: D 'a Granados, 'oard Secretary O .L O F:IPW VT^OJECTMPO"OWw WPD Suggested schedules of operation based on demands: SpgjNCI: . Opeiv first weekend -in April or. -last weekend in March depending on Easter break for school - Adult i.apSwim, Monday through Friday, 12 noon until 1:30 p.m. and 5:00 p.m. until 6:00 p.m. jjjjgn S21M Mond y through Friday, 6-.00 p.m. until 8:00*p.m. and Saturday and Sunday 12 noon until 4:00 p.m.. NOTE: Pool to close after, one hour if attendance is less than twelve (12) participants, Sun}mer officially begins the first weekend in June after school is out. The pool closies on Labor Day. Adult Lan SwjM, Monday through Friday, 12 noon until 1:00'p.m. and 5:00 p.m. until 6:00 p.m:. 012cn S2dM Monday through Friday 1:00 p.m. until 4:00 p.m. and 6:30 p.m. until 8:00 p.m. and Saturday and Sundi y 12 noon until 4:00 p.m. Less, Monday through Thursday mornings before 12:00 noon and 5-00 p.m. until 6:30 p.m. and Saturday 11:00 a.m. until 11:45 a.m. NOTE: Pool, to' close after one hour if .attendance is less than twelve (12) participants. F:IP VTWROJECT81FW"%MOVrw.WPC 0 030 .� ,,..�...s.r�■r�.. ram,• �� 1� • .a +w r 1 t< r., U r' �' ' �,1,� i �>> ,r v Gil asTt7eft, P.;ITA7nf Message Dn via of ATTACHMENT 3 Dodie Horvitz From: Stan Ford [stan@cvrpd.org] Sent: Tuesday, July 20, 2004 9:21 AM To: Dodie Horvitz Subject: RE: Pool Agreement )odie: "he following should cover the basics. 1. The city will be responsible for any non -routine maintenance/repair costs. Exception would be anything that is the soli fault of the district. 1. City indemnifies district. 3. Roll over existing contract into a new agreement that adjusts the subsidy from the city to $38,000 for 2005 with CPI increases each year. Any major cost increases (e.g. minimum wage) will result in corresponding increase in subsidy from the city. think those are the major points. I need a final determination from our insurance carrier on the coverage. In short, I want to be ,ure there is equal protection and protect you from any negligence on our part and us from any on the city's part. .et me know if I can be of further assistance. )tan :rom: Dodie Horvitz [mailto:dhorvitz@la-quinta.org] ;ent: Wednesday, July 14, 2004 7:12 AM 'o: Stan Ford iubject: RE: Pool Agreement ;tan: 'lease send a proposal for review then we can discuss this. 'hank you, )odie -----Original Message ----- From: Stan Ford [mailto:stan@cvrpd.org] Sent: Tuesday, July 13, 2004 5:10 PM To: Dodie Horvitz Subject: Pool Agreement Dodie: I think I am ready to pursue a revision of our agreement for the operation of the pool. Is the city still interested? If so, I will send a proposal to roll over the current contract with adjustments to the financial terms and language changes. Stan 014 3/4/2004 0 Q 3 ATTACHMENT 4 January 4, 2005 Ms. Dodie Horvitz Community Services Director City of La Quinta 78-465 Calle Tampico La Quinta, CA 92253 Re: Operation and Maintenance Agreement for the Fritz Burns Pool Dear Ms. Horvitz: Subsequent to your meeting with Cathy Knudsen and Nolan Sparks, I have prepared a recap of the YMCA's understanding of the basic agreement. Family YMCA of the Desert's Responsibilities: ■ Day today operations of the swimming program o Free swim, rec swim, and any other classes o At a minimum, we would operate based on the City's guidelines of dates and times, with the possibility of additional hours of operation o YMCA would be in charge of setting fees for both the rec swim & lessons o Rental of facility to qualified private parties ■ Daily pool facility maintenance: o Empty skimmers; vacuum pool daily, check chemical levels as required o Daily housekeeping of the office and restrooms. ■ Maintain Liability Insurance for the program ■ Staffing; Certification of lifeguards and instructors City of LaQuinta's Responsibilities: ■ Pooh service including all chemicals ■ Pool repairs ■ Daily janitorial service ■ Janitorial/restroom supplies ■ Provide a portable pool vacuum CADocuments and Settings\dhorvitz\Local SettingsUemporary Internet Fi1es\OLK902\LQPoo1Agre.e2.doc 015 `84 Payment for Operation: The YMCA will absorb the first $5,000 of loss. The City will reimburse the YMCA for 500/6 of all losses over $5,000. Total annual cost to the YMCA will not exceed $15,000. Please note that we do not anticipate a loss greater than $15,000. The YMCA will pay the City of La Quinta the sum of $1.00 lease per year. Other: ■ City to allow YMCA signage at the pool site. ■ This agreement will be on a year-to-year basis. ■ Under separate agreement, the YMCA will have the opportunity to operate the modular that is on the site for drop -in participants. This collaboration with the City of 'La Quinta will enable the YMCA to offer swimming lessons to the community. We will work together with the La Quinta Boys and Girls Club, providing the children in their program with the opportunity to learn to swim. We Will be able to give swimming lessons to the 140 children at the La Quinta Preschool. Many of the. children currently in the YMCA .program will receive, financial assistance for these lessons. Financial assistance will also be available to any other participants who qualify. • On behalf of the Family YMCA of the Desert, I wish to thank you for this opportunity, and we look forward to working with the City of La Quinta on this project. Regards, Sandy Chiupka Director of Business Operations. CADocuments and Settings\dhorvitz\Local SettingsWemporary Internet Files\0LK902\LQPoolAgree2.doc 016 2.J ATTACHMENT 5 OPERATION AND MAINTENANCE AGREEMENT FOR THE FRITZ BURNS POOL THIS OPERATION AND MAINTENANCE AGREEMENT FOR THE FRITZ BURNS POOL (the "AGREEMENT") is made and executed this 18" day of January 2005 ("Effective Date"), by and between the CITY OF LA QUINTA, a municipal corporation, hereinafter referred to as the "City," and the Family YMCA of the Desert, a non-profit organization, hereinafter referred to as the "YMCA." WITNESSETH WHEREAS, the City owns a municipal swimming pool in the Fritz Burns Park located within the City of La Quinta ("Fritz Burns Pool"), and WHEREAS, YMCA desires and agrees to assume the supervision, control, maintenance, and operation of the Fritz Burns Pool for the purposes of providing recreational activities for the community under the terms of this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the mutual promises and covenants set forth herein, YMCA and City agree as follows: 1. General Operation. YMCA shall operate and maintain the Fritz Burns Pool as a public swimming pool facility commencing on the Effective Date. YMCA and City shall determine the dates and hours that the Fritz Burns Pool shall be open to the public ("Pool Season"). The Fritz Burns Pool shall be open to the public every day during the Pool Season. Attachment "A" provides City recommended dates and hours for the Pool Season. The City and YMCA shall mutually agree upon the Pool Season no later than January 15 of each year. If the parties cannot agree upon the Pool Season by the January 15th deadline, this Agreement shall terminate effective the following day (January 16th). Notwithstanding the foregoing, upon written consent from both parties, the established Pool Season may be modified to reflect the actual use of the Fritz Burns Pool or for any other reason deemed appropriate by the parties. 2. Term. This Agreement shall automatically renew each year on the Effective Date unless either party terminates the Agreement subject to Section 3 of the Agreement. 3. Termination. Either party has the right to terminate this Agreement with or without good cause. For terminations without good cause, six months written 1 ' ry 4.80 notice of a decision to terminate shall be given by the terminating party to the non - terminating party prior to the effective date of the termination. 4. Definition of Fritz Burns Pool. a. It is understood and agreed that the pool area is part of and within a City owned and operated park and that the responsibility of YMCA under this Agreement extends only to that portion within the area outlined in red in Attachment "B" attached hereto and made a part hereof, which said area includes the Fritz Burns Pool, wading pool, pool equipment, associated pool buildings, maintenance equipment, and related personal property. When used in this Agreement, the term "Fritz Burns Pool" shall include the entire pool facility described in this Section, as shown on Attachment "B." b. YMCA and City staff shall coordinate maintenance of the Fritz Burns Park and the Fritz Burns Pool to ensure smooth operation of the overall facility. 5. Recreation Services. YMCA shall provide recreation services to the public at the Fritz Burns Pool during the Pool Season. Such services shall include adult and youth swimming activities, open swimming, and such additional recreation services as YMCA, in its discretion, may determine are desirable. 6. Major Repair and Replacement Work. The City shall be solely responsible for causing the completion of all major repairs and replacement of equipment such as plumbing, electrical, filter system, pumps, beaters and chlorinators, as well as structural repair and replacement of the facilities and equipment ("Major Repairs") within the Fritz Burns Pool premises; provided, however, that YMCA shall be solely responsible for the cost of any Major Repairs necessitated by the failure of YMCA to properly maintain and supervise the premises. The City and YMCA shall mutually agree on necessary Major Repairs of the Fritz Burns Pool and related equipment and the maximum allowable monies to be expended on such repairs in advance of the repair being performed. For non -emergency repairs, City staff shall meet and prepare a proposed budget which shall be submitted to the City Council and YMCA Board for approval no later than March 15 of each year. 7. Fritz Burns Pool Maintenance Services. The City shall be responsible for the end of the day janitorial service of the pool house and paper products for the pool house. the YMCA shall be responsible for policing the pool house and pool deck on a regular basis during use. The city shall contract with a pool service to have the pools cleaned twice weekly including all chemicals with the filters being cleaned once per quarter. the city will provide the YMCA with a portable pool vacuum which the YMCA will use daily to keep the pool clean and sanitary for use. the YMCA will ensure the pool complies with Riverside County Health Department standards. The Fritz Burns Pool and the equipment related thereto shall be maintained in a good and 0 11. 8 40 workmanlike manner, and the Fritz Burns Pool shall be maintained in good operating condition. 8. Personnel. In providing recreation services under this Agreement, YMCA shall employ only personnel who have been properly trained, certified (if appropriate for the position at issue), and screened by YMCA in accordance with YMCA's personnel policy rules, as amended from time to time. In carrying out this Agreement, YMCA shall not discriminate against any employee or applicant for employment because of sex, marital status, race, color, religion, ancestry, age, or national origin. 9. Fees. YMCA shall have the right to charge and collect fees from the public for use of the Fritz Burns Pool facility and for participation in the recreation programs and activities provided by YMCA at the Fritz Burns Pool. The City and YMCA shall mutually agree on the use fees for the Fritz Burns Pool. YMCA, in its sole discretion, shall establish fees for participation in its recreation programs and activities. 10. Payment for Operation and Maintenance. The City agrees to reimburse YMCA fifty percent (50%) of the actual operating costs incurred by YMCA over the first $5,000 with a limit of $15,000 on the part of the YMCA. The City will then share the operating costs on a 50% basis of the Pool up to a total of $15,000 on the part of the YMCA. The City shall be responsible for reimbursing the YMCA for operating costs over the $15,000 limit established by the YMCA. 11. Compliance. The operation of the Fritz Burns Pool and the recreation services shall, be performed in accordance with all local, state and federal laws, and without discrimination as to marital status, religion, race, color, age, ancestry, sex, or national origin. 12. Reporting Requirements. YMCA agrees to submit to the City annual reports covering such areas as operation, maintenance, training, attendance, revenue, and expenditures of the Fritz Burns Pool. Annual reports shall be submitted to the City by November 1 of every year. 13. Insurance. YMCA represents that as of the Effective Date it carries, and shall maintain to carry during the full term of this Agreement, public liability insurance in the amount of $1,000,000.00. YMCA further agrees to name the City of La Quinta as an additional insured on said insurance in connection with the operation of the Fritz Burns Pool. YMCA shall provide the City with a Certificate of Insurance evidencing coverage for personal injury, property damage, and bodily injury. The insurance required by this Section shall not be canceled, limited or modified by YMCA or its insurer until thirty (30) days after receipt by the City of a written .notice of such cancellation, limitation or modification of coverage. 14. Indemnification. YMCA hereby agrees to indemnify, defend and save the City and the City's officers and employees ("Indemnified Parties") harmless from and against any and all losses, claims, actions, fines, penalties, demands, damages, liabilities and expenses, including attorneys' fees ("Claims"), arising out of the operation of the pools and the provision of recreation services hereunder, occasioned wholly or in any part by any act or failure to act by YMCA, its officers, agents, contractors, employees or servants. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims, YMCA shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable attorneys' fees, incurred in defense of such Claims. In addition the YMCA shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. 15. Miscellaneous: a. Entire Agreement. This writing constitutes the entire agreement of the parties with respect to the subject matter hereof and may not be modified or amended except by a writing executed by all parties. b. No Waiver. No waiver of any breach or default hereunder shall be considered valid unless in writing, and no such waiver shall be deemed a waiver of any subsequent breach or default of the same or similar nature. C. Assignment. This Agreement is personal to YMCA and any assignment of the rights and obligations set forth hereunder shall require prior written consent from the City. d. Successors. Without waiving any restrictions on transfer or assignment (either voluntary or involuntary) provided herein, this Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto, their respective heirs, personal representatives, successors and assigns. e. Invalidity. If any provision of this Agreement shall be invalid or unenforceable, such invalidity or unenforceability shall attach only to such provision, and shall not in any manner affect or render invalid or unenforceable any other severable provision of this Agreement, and this Agreement shall be carried out as if any such invalid or unenforceable provision were not contained herein. f. Headings. The Section headings contained herein are for the purposes of convenience only and are not intended to define or limit the contents of said sections. 0 g. Counterparts. The Agreement may be executed in one or more counterparts, all of which if taken together shall be deemed one original. h. Time is of the Essence. Time is of the essence with respect to each and every term, condition, and provision required to be performed under this Agreement. i. Litigation and Attorney's Fees. In the event of any dispute between the parties hereto arising out of the terms of this Agreement, the prevailing party in such dispute shall be entitled to recover from the other party all costs and expenses, including reasonable attorney's fees (whether incurred during discovery, at trial or on appeal), court costs, and expert fees incurred by the prevailing party in such dispute, together with all costs of enforcement and/or collection of any judgment. j. Choice of Law. This Agreement shall be deemed to be a contract under the laws of the State of California. For all purposes, it shall be construed and enforced in accordance with the internal laws of said State, without regard to the principles of conflicts of law. k. Notice. All notices, or demands of any kind, served by either party to this Agreement by the other, shall be in writing and shall be personally delivered, or mailed by registered or certified mail, return receipt requested, addressed as follows: To: The City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253 Attn: Dodie Horvitz, Community Services Director With Copy to: M. Katherine Jensen, Esq. Rutan and Tucker 611 Anton Blvd. 14th Floor Costa Mesa, CA 92626-1998 To: Family YMCA of the Desert 43-930 San Pablo Avenue Palm Desert, CA 92260 (760) 341-9622 0?i Any party may change the address set forth herein, by giving written notice of said change to the other party. I. Amendment. This Agreement may not be modified or amended except by a writing signed by the parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. CITY OF LA QUINTA, a municipal corporation By: DON ADOLPH, Mayor ATTEST: By: JUNE GREEK, City Clerk FAMILY YMCA OF THE DESERT, a non-profit organization By. By: ROB BALLEW, Executive Director/CEO 02 ATTACHMENT "A" Recommended Pool Season Recommended schedule of operation: A. SPRING: Open from the first weekend in April or last weekend in March in order to ensure availability during the Spring break for school. The pool shall close on Adult Lap Swim: Monday through Friday, noon until 1:30 p.m. and 5:00 p.m. until 6:00 p'.m. Open Swim: Monday through Friday, 6:00 p.m. until 8:00 p.m. and Saturday and Sunday noon until 4:00 p.m. NOTE: Pool to close after one hour if attendance is less than twelve (12) participants. B. SUMMER: Summer officially begins the first weekend in June after school is out. The pool shall close on Labor Day. Adult Lap Swim: Monday through Friday, noon until 1:00 p.m. and 5:00 p.m. until 6:00 p.m. Open Swim: Monday through Friday, 1:00 p.m. until 4:00 p.m. and 6:30 p.m. until'8:00 p.m., and Saturday and Sunday noon until 4:00 p.m. Lessons, Monday through Thursday mornings before noon and 5:00 p.m. until 6:30 p.m., and Saturday 1 1 :00 a.m. until 1 1:45 a.m. NOTE: Pool to close after one hour if attendance is less than twelve (12) participants. 023 09 ATTACHMENT "B" Map of Fritz Burns Pool Facility [See attached map] 02 �93 BUSINESS SESSION ITEM: 5 ORDINANCE NO. 413 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A REVISION TO THE LA QUINTA ZONING MAP, FOR CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF AVENUE 54, THE EAST SIDE OF MADISON STREET, THE NORTH SIDE OF AVENUE 55, TO % MILE WEST OF MONROE STREET ZONE CHANGE 2004-122 APPLICANT: TRANSWEST HOUSING WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 14t' day of December, 2004, hold a duly -noticed Public Hearing, continued from the 9" day of November and 23d day of November, 2004, to consider a recommendation on Zone Change 2004-122; and, WHEREAS, at said Public Hearing, the Planning Commission did in fact recommend to the City Council approval of Zone Change 2004-122 by adoption of Planning Commission Resolution 2004-099; and, WHEREAS, the City Council of the City of La Quinta, California, did on the 4tn day of January, 2005, hold a duly -noticed Public Hearing, continued from the 7t' day of December and 21 st day of December, 2004, to consider the recommendation of the La Quinta Planning Commission on Zone Change 2004- 122; and, WHEREAS, said application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 2004-526); and has determined that, although the proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures incorporated into the Project approval will mitigate or reduce any potential impacts to a level of non -significance, and that a Mitigated Negative Declaration of Environmental Impact should be adopted; and, WHEREAS, at a public meeting held on 4" day of January, 2005, said City Council did affirm the Planning Commission findings regarding the referenced case, and further, did find the following facts to justify approval of Zone Change 2004-122: Ordinance No. 413 Zone Change 2004-122 (Transwest Housing) Adopted: January 18, 2005 Page 2 1. This Zone Change is consistent with the General Plan, in that the proposed Zone Change will allow increased variation in housing opportunities, consistent with goals as stated in the General Plan. 2. This Zone Change will not create conditions materially detrimental to the public health, safety, and welfare in that the subject site is served with adequate utilities, public services and access to properly support the requested development. 3. The Zone Change is compatible with the zoning on adjacent properties, in that the proposed change from Very Low Density Residential (VLDR) to Low Density Residential (LDR) is a comparable and consistent zoning with surrounding RL zoned lands, which are being developed with low density country club uses. The RL zoning will serve to implement the project as currently designed, and would allow greater flexibility in housing and lot design. 4. Approval of the Zone Change is warranted, as the general circumstances around development of the property have changed since the existing zoning was imposed. The property has been zoned for Very Low Density Residential since its annexation in 1991, with a 40 acre portion rezoned to RL on June 4, 1996. While the proposed development density is in the Very Low Density range, the RL zoning is more suitable for the project to accommodate lot sizes and frontage widths, and will allow more diversity in design should the project not go forward. The present housing market conditions, as evidenced by the proposed project, dictate that the site is now suitable for residential development supported by this zoning designation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: SECTION 1. PURPOSE: To rezone a portion of real property, from Very Low Density Residential to Low Density Residential, at the northwest corner of Avenue 52 and Jefferson Street. Property is illustrated in Exhibit "A" attached hereto, and more specifically described as follows: PORTIONS OF THE NORTH 1 /2 OF SECTION 15, T67S R7E, S.B.B.M. RIVERSIDE COUNTY 295 Ordinance No. 413 Zone Change 2004-122 (Transwest Housing) Adopted: January 18, 2005 Page 3 SECTION 2. ENVIRONMENTAL: Zone Change 2004-122 has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Director has determined that, although Zone Change 2004-122 could have a significant effect on the environment, there will not be a significant effect in this case, and that a Mitigated Negative Declaration of Environmental Impact should be adopted. SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. POSTING: The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by Resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 18" day of January, 2005, by the following vote: 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) �9 0 Ordinance No. 413 Zone Change 2004-122 (Transwest Housing) Adopted: January 18, 2005 Page 4 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California f1 Q N co C cm CD Z REPORT/INFORMATIONAL ITEM: I�o 4 CULTURAL ARTS COMMISSION MINUTES December 9, 2004 I. CALL TO ORDER A regular meeting of the Cultural Arts Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center. Chairperson Loudon led the meeting. Commissioner Gassman led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Else Loudon Commissioner Sheldon Brodsky Commissioner Andrea Gassman Commissioner Elaine Reynolds Commissioner Charlene Lane (excused) STAFF PRESENT: Dodie Horvitz, Community Services Director Therese Vella-Finorio - Community Services Secretary II. PUBLIC COMMENT- None III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of Minutes of November 11, 2004 B. Department Report October 2004 C. Financial Report for November 2004 Commissioner Loudon had grammatical corrections to the minutes of the November 11, 2004 meeting. It was moved by Commissioners Brodsky/Reynolds to approve the Consent Calendar with corrections as stated to the Minutes of November 11, 2004. Unanimous. V. PUBLIC HEARING - None VI. BUSINESS ITEMS A. Future Events and Entertainment: 099 Cultural Arts Commission Meeting Minutes Page 2. Director Horvitz reported on the City Council's comments from their meeting. They considered the Cultural Arts Commission request for four concerts as discussed in the last meeting. The City Council approved two concerts — one in April and one in May 2005. They would like to see the Mariachi's and the Jazz Band perform. They asked. that refreshments be kept to cookies and water, and believe that for an hour and a half concert, the city shouldn't be providing much more than that. Director Horvitz didn't contact Mr. Lipson because the City Council had not approved his performance as of December 9th, so that was why the information wasn't forwarded on to the Commissioners. If the Council had authorized Mr. Lipson, he does perform in many different venues in January and February and it would have provided ample opportunity for the Commissioners to hear him. Commissioner Loudon asked Director Horvitz if the concerts would now be in April and May to which Director Horvitz replied in the affirmative. Commissioner Loudon asked if the suggestion Commissioner Gassman made regarding not serving cookies or punch at the concerts could be approved. Director Horvitz stated the Commission could decide not to serve refreshments if they so wish. Commissioner Gassman stated although the refreshments are nice for the kids, she felt it almost detracts from the quality of performance to have cookies. She thought people should be able to bring a sack/box dinner which makes it a little more upscale. Commissioner Reynolds agreed and stated that in Palm Desert the people bring their own food. She felt she would like to see along with the concert is to work in letting the young people put on some kind of a presentation before the concert starts, it would bring in the crowd and be very enjoyable. She indicated that the Tree Lighting Ceremony had the young people perform and it was wonderful. Commissioner Gassman said we could still have trash receptacles available for people. The dates would be April 16th for the Las Adelitas Mariachi, and May 15 for the Jazz bands. Commissioner Gassman asked Director Horvitz if there was a rationale for why only two concerts rather than four? Director Horvitz stated it was due to the unpredictable weather. Commissioner Gassman asked if we are still within our guidelines of what we said we were going to do if we are just having the two concerts? Commissioner Loudon said the other event the Commissioners will be helping with is the City's Annual Picnic. Commissioner Loudon reported that if the Commission had gone forward with four concerts, the expenses would have totaled $14,918 so she thought that was one of the considerations the City Council had. Commissioner Reynolds asked what the City Council's comments were regarding the puppets? Director Horvitz stated there was a comment from the Council that Things on Strings is in Old Town, the community has an outlet for puppet shows. J 'J 2 Cultural Arts Commission Meeting Minutes Page 3. Commissioner Brodsky wanted to state for the record that the Commission was only doing what the Council requested of them from the meeting they had, which was the Council wanted a series of concerts, a consistency of the same date. Councilman Sniff was very specific about that. Commissioner Brodsky felt that was what the Commission offered, and if the Council chose not to do it, that is fine, but the Commission was acting on what he -perceived was requested of the Council. Commissioner Loudon said Mayor Adolph was very nice in asking her to explain it, and she did in length, the reason for setting the date on the same Saturday, as well as everything the Commission had discussed. She did mention the reason the Commissioners wanted the four events, but the Council felt very strongly that it would be a lot of extra work for staff, and the time of the year could possibly be very cold. She also mentioned that they had considered utilizing the talent through the schools instead of paying performers, and mentioned to the Council members how wonderful the Tree Lighting Ceremony was. Commissioner Gassman stated that Commission had decided against chairs, so the budget for the two events would now be $7,409 Commissioner Loudon asked Director Horvitz to confirm the date of the City Picnic, to which she replied April 30'. Commissioner Loudon said that would give the Commissioners two weeks in between the concert and the City Picnic. Commissioner Reynolds asked if there was a date set for the opening of SilverRock. Director Horvitz replied they are working on having it open on January 17t'', 2005. Further she stated our marketing firm is planning that entire event, so we are not involved in it at all. Commissioner Gassman asked if we have sufficient time to get the publicity into the brochure for the two upcoming events. Director Horvitz stated we will put the information into the brochure, we will send out another postcard in March which will have specifics on it. We will do our normal public relations programs to advertise the events. VI. CORRESPONDENCE AND WRITTEN MATERIALS - none VII. COMMISSIONER ITEMS A Attendance at Community Functions - Commissioner Reynolds worked the Art Under the Umbrella show for two days in December; she also attended the Holiday Tree Lighting, Veteran's Day Memorial, and the City open house. Cultural Arts Commission Meeting Minutes Page 4. Commissioner Brodsky attended the Art Under the Umbrellas show, Veteran's Day Memorial, and Holiday Tree Lighting. Commissioner Loudon attended the Veteran's Day Memorial, the Holiday Tree Lighting, and the City's open house. Commissioner Gassman attended the La Quinta High School football game, the Jacqueline Cochrane Air Show, the Veteran's Day Memorial, and the Holiday Tree Lighting. Commissioner Reynolds asked that next month's agenda include the landscaping of John Kennedy's art piece as well as the art piece at Point Happy. She also would like to recommend the architect or landscape person who did the Embassy Suites, which she felt was beautifully done. She hoped everyone had the opportunity to see the art work with the lighting at night. XI. ADJOURNMENT It was moved by Commissioners Gassman/Reynolds to adjourn the Cultural Arts Commission meeting. Unanimous. Meeting adjourned at 7:30 PM. Submitted by: Therese Vella-Finorio, Community Services Secretary 302 �.. � 4 REPORT/INFORMATIONAL ITEM: 4 COMMUNITY SERVICES COMMISSION MINUTES December 13, 2004* 1. CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center. Commissioner Hackney presided over the meeting until the , arrival of Commissioner St. Johns at 7:10 p.m. Commissioner Leidner led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Victoria St. Johns Commissioner Ed Hackney Commissioner Bob Leidner Commissioner Jack Fleck Commissioner Tom Vaughn (excused) Director Horvitz announced Commissioner Vaughn had notified the City Clerk he regrets he must resign his commission because he is moving out of the area. STAFF PRESENT: Dodie Horvitz, Community Services Director Therese Vella-Finorio, Secretary II. PUBLIC COMMENT -None III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of November 8, 2004 Minutes B. Monthly Department Report for October 2004 Lengthy discussion took place regarding Commissioner Hackney's request to make changes to the minutes of November 8, 2004. Commissioner Hackney expressed his concern that the minutes of the November 8, 2004 meeting did not adequately reflect -what was said .at the meeting. Commissioner 3C,3 Community Services Commission Minutes Hackney disagreed with several topics that were provided in the November 8 minutes and wanted to listen to the tape. . The rest of the Commission wanted to approve the minutes with one change: to remove "and he had to talk to the Director" from page . 5, paragraph 1, line 4 and move forward. After a lengthy discussion, it was moved by Commissioner Leidner/Fleck to approve the minutes as amended, by a vote of 3-1-0 with Commissioner Hackney opposing. V. PUBLIC HEARING - NONE VI. BUSINESS ITEMS A. CPRS Conference - Director Horvitz stated the City Council had approved one Community Service Commissioner to attend the March 10, 2005 conference. Commissioner Leider asked what the Commission would like to see brought back for consideration. Commissioner St. Johns stated the objective would be to share the information with the Commission. Commissioner St. Johns asked for a volunteer to attend the conference. Commissioner Leider said he would be available to attend. It was moved by Commissioner Hackney/Leidner to send Commissioner Leidner to the Conference. Unanimous. Director Horvitz stated the conference runs from Thursday, March 10`h through the evening of Saturday, March 12, 2005. Staff will contact Commissioner Leidner to make his travel arrangements. Commissioners Leidner/Hackney moved to have Commissioner Fleck as back- up in the event Commissioner Leidner cannot attend. Unanimous. B. La Quinta Park Skate Park Grand Opening Director Horvitz stated the grand opening for the La *Quinta Park Skate Park will be on Friday, December 17`h. She asked if any of the Commissioners would be able to attend. She indicated .she .would need a firm commitment because it is difficult to assign tasks without knowing who will be attending. They would need to help set up at 5:00 p.m., and assist with serving and clean-up. Commissioners St. Johns and Hackney stated they would be available at the beginning of the event, and Commissioners Leidner and Fleck would be available for the entire time. Director Horvitz said we've come a long way. from the first public meeting in October 2000 when a new skate park at La Quinta Park was discussed, and now it is completed in December 2004. It was moved by Commissioner Leidner/Hackney for Commissioners who are willing to. participate will assist staff in setting up the Skate Park grand opening to help make it a success. Unanimous. Community Services Commission Minutes C. Youth Workshop - Commissioner St. Johns commended Director Horvitz on the background information that was provided to the Commissioners for this meeting. Director Horvitz stated she went through the archives to obtain the information, and felt it would be helpful for the Commissioners to understand what had been done 'in the past. We had a very successful format, and then when we changed the format to go to the high school, which wasn't as successful as we wanted it to be. Director Horvitz * asked for consideration if the Commission would like to go back to the successful format we had, or modify it in some way. Once we determine the exact details, we will be able to get the notices out to the different groups. Commissioner St. Johns said she liked the idea that was discussed last month which was to conduct the Youth .Workshop here. However she also liked that things that were happening this year with the Community Service staff going to the high school and middle school and have a face on campus with the students. She would hate to see it us stop doing one or the other. Director Horvitz said we will continue that format at the schools because it has been very successful , for us to get our programs known. Commissioner St. Johns also liked the idea of the students coming to City Hall and getting a taste of that so that they hopefully will continue that in their adult life. Commissioner Leidner agreed and also liked the idea of the students coming to City Hall and felt it would be very productive. Director Horvitz stated our goal is to determine whether to host the Youth Workshop in Council Chambers or at the Senior Center. When a round table format was used, the Commissioners sat and dialogued with the students and had a review at the end. The Council Chambers would be more. of a lecture - Question/Answer type of format. In the past when we had a round table format, each Commissioner or an elected official sat at a table with seven or nine students and discussed things. Then we did a review at the end. That format opened the dialog and connected well with the students.. Commissioner St. Johns remarked that that format the students' brainstorming went well. Commissioner Fleck asked how many students would be participating in the Youth Workshop? Director Horvitz said we are planning to invite every special interest group on campus at both the middle and high school. John Glenn is more protective of their groups as they have never worked with us before. The last time we had a round table format 3i 5 Community Services Commission Minutes 200 students attended. Commissioner St. Johns added it is an incredible, community coming together as well. Because people from -.the YMCA, banks, Red Cross, school principals', police and fire department attended as well as the students. "You had all these representatives all in one space that the students could have access to.. There was a Sun bus representative there who was able to get a bus for the students - it was pretty spectacular." Commissioner Hackney asked in terms of the program does someone set the premise in the background for the whole group and then break them up into groups? Commissioner St. Johns said one time the City printed up a report card about things that were accomplished for Youth Workshop (picnics, sex education, etc.) We asked everyone to break into groups, . so many adults with each group, and then they were asked to come up with a few things that were important to them. At the end, each groups' comments were then recorded on sheets along the wall. The information was brought back, compiled, and sent out to everyone at a later date. Director Horvitz said we have done it both ways. Historically, the Commission has always led this group in saying this is what we would like to hear from you tonight - a short three minute introduction, break into groups and discuss whatever they would like. We had one group assigned - housing, shopping, transportation - we did it that way one year, and the next year it was just open discussion coming up with ideas. One of the concerns we had was a lot of the students that participated were seniors and they moved on. We'd then get a whole new group of students who would ask for the same things, or didn't realize what had been asked for previously had been accomplished. That was why we put the report card together so they could see some continuation of the ideas from groups before them. Director Horvitz said we have our senior dance once a month and we have a group of high school students who come over and are dates for seniors. The students have been calling to ask when are we going to do that again. Commissioner Leidner stated if one of the formats proved to be more successful than the other, he would suggest we go with that. Commissioner St. Johns felt she would love to have the students be heard because that is what she believes is the purpose of the Youth Workshop. Their input is so 3 C 6 Community Services Commission Minutes valuable, and their energy in the room is incredible. Director Horvitz stated perhaps we could hold it at the Senior Center and invite them back in May having it at the Council Chambers when we would make a report of the outcome. Director Horvitz included a* list of businesses we could invite with the packet of information. Commissioner Leidner/Fleck moved to adopt the resolution to host the Youth Workshop at the Senior Center on January 10, 2005, and have invitations sent to those that attend to the May meeting with the Commissioners leading the event. Unanimous. In the past the Commission has taken the list to call individuals we haven't heard from. If the Commission would like to do that, staff can divide up the list of persons we haven't heard from among the Commissioners then e-mail the list to them. Staff stated that If there was anyone the Commission would like to add to the list, staff will be happy to take their names. Director Horvitz will have the letters ready for Commissioner 'St. Johns signature Tuesday morning. Commissioner St. Johns said she will return the signed letters in the afternoon. Director Horvitz stated the letters will then be hand ,delivered to the school. VII. CORRESPONDENCE AND WRITTEN MATERIALS Vill. COMMISSIONER ITEMS A. Reports from Commissioners Regarding Meetings Attended: Commissioner Leidner attended the Tree Lighting Ceremony, which he said was wonderful. He also attended the Santa Paws .but was disappointed with the turnout. He understood there were a lot of conflicting events going on throughout the entire valley that day. He hoped we would try it again next year and have more involvement. Commissioner Hackney also attended the Tree Lighting Ceremony. He was impressed with the all the activities. His concern was that Santa Claus was offstage and wondered if people didn't hear the announcement. would they have gone to see him. Commissioner Fleck said that as we are always trying to attract young people, he had recently been at Hobby Town talking with Robert Barrett regarding radio -controlled model cars. Mr. Barrett indicated the age groups that are represented in radio -controlled model cars are 10 - 13 age group; Community Services Commission Minutes 14 — 18; then adults. The area needed to conduct these races is approximately 60' x 60' with a surface of dirt, asphalt or concrete. Hobby Town would supply the computer timing system, *and put their banner up. They use hay bales for safety barriers. Hobby Town sponsors 35 races a year at an area they have behind their store at Desert Crossing. The races are always sold out. The entry fee they charge is $10 per car. Commissioner Fleck wondered if there was any. interest on the part of the City in considering this type of activity. Hobby Town is looking for a location to host this. Director Horvitz asked if they supply everything they need. Commissioner Fleck said he didn't get in to the details of what they would need or provide. Commissioner St. Johns said we have a lot of children from La Quinta that go to the race, and they love it. Commissioner Fleck said Hobby Town would outline for us how it works, and how they would set-up the race. Director Horvitz stated she will have staff call Hobby Town to get more details to report back to the Commission in February of what they are specifically looking for. Commissioner Fleck said the VFW is sponsoring Vietnam Veteran's recognition week May 1 to 7, 2005, to recognize more than 3.4 million veterans who served during the Vietnam War. Included with this is a certificate which could be awarded to the Vietnam Veterans in the community. There are a number of other items in the packet including a sample speech, a proclamation from a public official, press release information for the news media, promote Vietnam Veterans in the schools, and other items of interest. 2.1 million members of. the VFW will be backing this recognition week. Commission Fleck said this may be worthwhile for the City, as they have always been very gracious and accommodating to the VFW in the past. Director Horvitz asked if she could have the packet of information to incorporate it into the report. Commissioner Fleck said he received comments from Don Moulin regarding the November 11 `' Veteran's ceremony. Mr.. Moulin seemed to be unhappy about the general tenor of the event: there was some mispronunciation of names. Director Horvitz stated that we can have them written out phonetically next time. Commissioner Fleck said that Mr. Moulin basic .frost was the people being honored deserved more than just a name; they should have a short sentence about when they served. Also if they wanted to make any comments in a short sentence as far as the recognition, or if someone 308 006 Community Services Commission Minutes wanted to get up and make a comment in recognition of the person being honored. Commissioner Fleck felt it was important for the City to communicate and make a positive image upon- specific segments of the community. IX. ADJOURNMENT It was moved by Commissioners Leidner/Hackney to adjourn the Community Services Commission meeting at 8:40 PM. Unanimous. NEXT MEETING INFORMATION Monday, January 10, 2004 @7:00 PM La Quinta Senior Center - Multipurpose Room Submitted by: IuuZe %.c' 01 t,tV- Therese Vella-Finorio, Community Services Secretary 3:" 9 0 0'� REPORT/INFORMATIONAL ITEM: /8 MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A Regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA December 1, 2004 10:00 a.m. I. CALL TO ORDER A. This meeting of the Architectural and Landscaping Review Committee was called to order at 10:04 a.m. by Principal Planner Stan Sawa who led the flag salute. B. Committee Members present: Bill Bobbitt, Frank Christopher, and David Thoms. C. Staff present: Principal Planner Stan Sawa and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT CALENDAR: A. Staff asked if there were any changes to the Minutes of November 3, 2004. Committee Member Thoms asked that Page 4, Item 3 be amended to state, "It should not be brought out into the paved area...." There being no further changes, it was moved and seconded by Committee Members Christopher/Thoms to approve the Minutes as corrected. Unanimously approved. V. BUSINESS ITEMS: A. Village Use Permit 2004-026; a request of Prest Vuksic Architects. for consideration of architectural and landscaping plans for a 6,800 square foot two story office building located on the north side of Calle Amigo, one lot west of Desert Club Drive. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Dave Prest, project architect, who gave a presentation on the project and change to where the tower is on the building to the east. 310 G:\WPDOCS\ALRC\12-1-04 ALRC.doc Architecture and Landscaping Review Committee December 1, 2004 2. Committee Christopher asked where the stone would be applied to the new building. Mr. Prest stated in the new tower around the window and used as a wainscot. The original building was approved with no stone and they added the stone for the affect. 3. Committee Member Thoms stated the color of the first building appears to be lighter than the sample. Mr. Prest stated the color is as it appears on the color sample board. Committee Member Thorns stated it appears to be lighter. Mr. Prest stated it will match. Committee Member Thorns noted the courtyard area between the buildings. Mr. Prest stated that would be part of the landscape plans. He noted the first plans were changed to relocate the trash enclosure to a different location in the parking lot so both buildings could use them. 4. Committee Member Bobbitt asked the purpose of the building. Mr. Prest stated it has been leased as business offices and no retail. Staff explained comment #5 in the staff report was referring to all entrances should be from the outside; there will be no interior hallways. Staff noted the landscape plans were not available and they would be scheduled for the next ALRC meeting for review. The applicant should note that the Committee would like to see some type of "people space" created in this area. 5. There being no further questions of the applicant, it was moved and seconded by Committee Members Thoms/Christopher to adopt Minute Motion 2004-036 recommending approval of Village Use Permit 2004-026, as recommended by staff and amended: a. Preliminary landscaping and hardscape plans for the courtyard shall be submitted for approval by the Committee. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None. VII. COMMITTEE MEMBER ITEMS: None G:\WPDOCS\ALRC\12-1-04 ALRC.doc 2 Architecture and Landscaping Review Committee December 1, 2004 Vlll. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Bobbitt/Thorns to adjourn this regular meeting of the Architectural and Landscaping Review Committee to a regular meeting to be held on January 5, 2005. This meeting was adjourned at 10: 20 a.m. on December 1, 2004. Respectfully submitted, Executive Secretary G:\WPDOCS\ALRC\12-1-04 ALRC.doc 312 3 REPORT/INFORMATIONAL ITEM: 19 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Celle Tampico, La Quinta, CA December 14, 2004 I. CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Kirk who asked Commissioner Quill to lead the flag salute. B. Present: Commissioners Rick Daniels, Kay Ladner, Ken Krieger, Paul Quill and Chairman Tom Kirk. C. Staff present: City Manager/Interim Community Development Director Thomas Genovese, City Attorney Kathy Jenson, Assistant City Engineer Steve Speer, Principal Planner Fred Baker, Associate Planners Wallace Nesbit and Martin Magana, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Kirk asked if there were any corrections to the Minutes of the regular meeting of November 23, 2004. There being no corrections, it was moved and seconded by Commissioners Daniels/Quill to approve the minutes as submitted. B. Department Report: V. PUBLIC HEARINGS: A. Continued - Environmental. Assessment 2004-526, General Plan Amendment 2004-103, Zone Change 2004-122, Specific Plan 2004- 074, and Tentative Tract Map 32879; a request of Trans West Housing for consideration of a subdivision of ± 199 acres into 303 single-family residential lots located at the southeast corner of Avenue 54 and Madison Street. 313 GAWPDOCS\PC Minutes\12-14-04.doc Planning Commission Minutes December 14, 2004 1. Chairman Kirk excused himself due to a potential conflict of interest and left the dais. 2. Vice Chairman Quill opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff noted changes to the Conditions'�of Approval being requested by the Public Works Department. 3. Vice Chairman Quill asked if there were any questions of staff. Commissioner Daniels asked staff to explain the timing of the road improvements along Avenue 54. Staff explained the phasing of the road improvements. Assistant City Engineer Steve Speer stated the intent is that the street improvements for Avenue 54 will be installed the latter of May 31, 2006 or the 100th building permit. They must start the improvements within 30 days after that and finish them. They will be continuous and uniform along the entire front of this map and the existing Griffin property. The only difference is' that the sidewalk in front of the Griffin property will not meander; it will be curb adjacent and eight feet wide. 4. Vice Chairman Quill asked if there was a trail along this section. Staff stated the public trail is on the other side of the street. 5. Commissioner Daniels asked if the trees would be removed from the parcel that is being developed now, or when the street is improved. Staff !stated with the improvement of the street. The earliest the Avenue 54 improvements could occur is May 31, 2006. On Madison Street those trees will also have to come down. 6. Vice Chairman quill asked if Avenue 54 in front of the Griffin estate would be', developed at the same time as the rest of the development except the parkway and sidewalk. Staff stated it will all be done at the'same time along Avenue 54. On Madison Street it will be done earlier. Associate Planner Wallace Nesbit noted the applicant would be responsible for removing all the trees. 7. Commissioner Krieger asked about the two access points on Avenue 54 as to how this would be used in conjunction with the Avenue 54 improvements. How will this function with an existing G:\WPDOCS\PC Minutes\12-14-04.doc 2314 Planning Commission Minutes December 14, 2004 two lane road. His concern is the amount of traffic on a two-lane road. Staff stated they would generally be placed in their ultimate design location and the roadway and entry would be extended out to their current improvements. 8. Commissioner Krieger asked about the letter from Gayle Cady. Staff explained her request regarding the trail and stated it is a pedestrian hiking trail and staff recommends removing it, it is not equestrian. Commissioner Krieger asked about the second letter from Mr. Gamlin and the undergrounding of the utilities. Staff stated they are conditioned to underground the utilities. 9. Commissioner Daniels asked about the grade differential between this property and the property to the south. Also, is the right of way vacated and how is it disposed of in regard to the trail. Staff stated it was vacated as part of the development of the Norman Course. 10. Commissioner Daniels asked if this would make it consistent with the Hideaway. Staff stated yes, and continued to explain the amendment. 11. Commissioner Daniels clarified this was separated from the Griffin property. Avenue 54 will be improved, but how will the street improvements for the Griffin property be improved. Staff explained there was an agreement based on the timing in the agreement. The Griffin estate would dedicate the land and the applicant would maintain the trees. 12. Commissioner Daniels asked about Street "C", "D", the western end of street "C", street "G", there are four streets coming together; is there any concern where they all come together. Assistant City Engineer Steve Speer stated the circulation was evaluated, but the roundabouts will cause the traffic to slow and the residents will be aware of the street system. 13. Vice Chairman Quill asked about the timing of the Avenue 54 construction, the street will require full bonding from the first phase. Staff stated yes; the City requires two separate agreements for both on and off -site improvements. G:\WPDOCS\PC Minutes\12-14-04.doc 3315 Planning Commission Minutes December 14, 2004 14. Vice Chairman Quill asked if the applicant would like to address the Commission. Mr. Larry Cohen, The Griffin Group, representing the owner, gave a presentation on the project on behalf of Mr. Mery Griffin. He introduced Barry McComic, Trans West Housing and McComic Consolidated, Inc., developer of the project, who presented the development of the project. Mr. Marvin Roos, MSA Consulting, engineer for the project, continued to describe the project. He asked about the conditions regarding a dedicated right turn lane on Madison Street, the deceleration lane at the project entries, and the wedge curbs. The deceleration lanes are not an issue because there are less than 50 movements per hour, which is the City standard, or in the case of Madison Street, at build out it is projected to be 3100 cars per day. This is a low profile project and the right turn in movement on Madison Street are projected to be only 12 per hour. On the dedicated right turn lane Madison Street onto Avenue 54 at build out they are projecting 43 movements per hour which is less than the standard threshold. At build out of the General Plan the numbers will be high enough for the dual left lanes, therefore they do not object. They would like the wedge curbs eliminated on streets for the one acre lots. Maybe it could be addressed by making them subject to the City Engineer's approval. 15. Vice Chairman Quill asked if this was intended to be a custom lot subdivision. Mr. McComic stated yes, a combination of custom and production subdivision. Primarily production. They are only designating 20 lots as custom. Trans West will be the contractor on all the houses in the project. Vice Chairman Quill asked if they would be filing three final subdivision maps. Mr. McComic stated one final map with three phases. Vice Chairman Quill asked if they would prefer their internal local streets to be smaller than 36 feet. Mr. McComic stated they would prefer the smaller streets, as a general rule. Vice chairman Quill asked if they would prefer all the private local streets to have the mow strip. Mr. McComic stated yes, it would add to the feel of the project. Vice Chairman Quill asked if the half -acre lots will be allowed to have a horse in the backyard. Mr. McComic stated there will be no horses boarded on any of the lots. The adjoining tract will be developed for the boarding of the horses. Vice Chairman Quill asked if they were requesting to not construct the right turn pocket on the north bound lane onto Avenue 54. Mr. Roos stated that was correct. Vice Chairman Quill then asked if they were requesting to not build G:\WPDOCS\PC Minutes\12-14-04.doc 3 1 G 4 Planning Commission Minutes December 14, 2004 a second left turn pocket. Mr. Roos stated they have agreed to the second left turn at build out. They do not agree that the right turn lane is solving enough problems to remove all the landscaping. Vice, Chairman Quill asked if signalization was being required on the main intersections. Assistant City Engineer Steve Speer stated yes, when it meets warrants. They want the turn lanes now even if the signal is not warranted. In regard to the lanes, it has been Council's direction on new projects for Arterial streets to install the right turn lanes. It is a function to get the cars out of the flow of traffic. The right turn lane needs to be at least 100 feet and the curb is only being set back seven feet. 16. Commissioner Ladner asked if a roll curb was acceptable. Assistant City Engineer Steve Speer stated the concern is the advance of the storm water out to the retention basin. If you do not keep it in the street in fixed improvements you have potential for erosion. Staff may consider an alternative if they can come up with a satisfactory drainage method. Staff went on to discuss the problems that had occurred in the past. 17. Commissioner Daniels asked about the trail surface treatment being used. Mr. Roos stated decomposed granite. 18. Vice Chairman Quill asked if anyone else would like to speak on this project. There being none, the public participation portion of the hearing was closed and open for Commission discussion. 19. Commissioner Ladner commended the applicant on the project. She agrees with the staff's concerns on the curbs. 20. Commissioner Daniels stated he had concerns about the internal circulation, but believes the roundabouts will satisfy those concerns. Once the trees are cleaned out, it will greatly improve the area. He would like the improvements to be tied together and he believes staff has addressed the timing. 21. Vice Chairman Quill would like to offer the opportunity to allow the developer to reduce the street width to 28 feet. He would like to ensure the right turn pockets on Madison Street remain. If the internal streets are reduced by eight feet it will allow the applicant enough room for the right turn pockets both at the entrance to the project and at Avenue 54. He has a concern with the timing of v� l G:\WPDOCS\PC Minutes\12-14-04.doc 5 Planning Commission Minutes December 14, 2004 the improvements on Avenue 54. There should be an outside date and it should not be tied to building permits. He asked if the improvements to Avenue 54 could be constructed without the sidewalk to the full street width, back of the curb, without the removal of the tamarisk trees in front of the Griffin estate. Mr. Roos stated Rod Grinberg would be more knowledgeable to answer. Assistant City Engineer Steve Speer noted the trees are right at 30 feet of the centerline and the curb at 32 feet. Vice Chairman Quill stated he would like to propose an outside date along with the 1001h building permit. The market changes, things happen, and he would not like to see the street unbuilt for ten years. Currently, the earliest date for the construction of Avenue 54 is April 1 st, 2006. 22. Vice Chairman Quill reopened the public hearing. Rod Grinberg, Trans West Housing, stated the timing is based on the improvements occurring at the end of the season when Mr. Griffin would not be here. He wanted the trees to remain for his privacy. They were using the date and building permit to ensure the construction would not occur before the end of the 2006 season. Vice Chairman Quill asked if they would be agreeable to adding a sentence to 56.A.2.e. adding, "until issuance of the 100th building permit, but not prior to April 1, 2006, and not later than October 2006 for the construction of the Avenue 54 street improvements." Mr. Grinberg suggested the permit number could be dropped to 50 building permits. Commissioners determined they would be satisfied with the 50 building permits. 23. Vice Chairman Quill closed the public hearing and opened it to Commission discussion. 24. Vice Chairman Quill recommended the applicant be allowed to reduce the street width to 28 feet for private internal local streets. Assistant City Engineer Steve Speer stated the General Plan allows it with the parking being restricted. Vice Chairman Quill asked that the mow strip curbing on the street with the one acre lots be granted. 25. It was moved and seconded by Commissioners Daniels/Krieger to adopt Planning Commission Resolution 2004-097, recommending to the City Council certification of a Mitigated Negative Declaration for Environmental Assessment 2004-526, as recommended. G:\WPDOCS\PC Minutes\12-14-04.doc 318 6 Planning Commission Minutes December 14, 2004 ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, and Vice Chairman Quill. NOES: None. ABSENT: Chairman Kirk. ABSTAIN: None. 26. It was moved and seconded by Commissioners Daniels/Krieger to adopt Planning Commission Resolution 2004-098, recommending to the City Council approval of General Plan Amendment 2004- 103, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, and Vice Chairman Quill. NOES: None. ABSENT: Chairman Kirk. ABSTAIN: None. 27. It was moved and seconded by Commissioners Daniels/Krieger to adopt Planning Commission Resolution 2004-099, recommending to the City Council approval of Zone Change 2004-122, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, and Vice Chairman Quill. NOES: None. ABSENT: Chairman Kirk. ABSTAIN: None. 28. It was moved and seconded by Commissioners Daniels/Krieger to adopt Planning Commission Resolution 2004-100, recommending to the City Council approval of Specific Plan 2004-074 as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, Vice Chairman Quill. NOES: None. ABSENT: Chairman Kirk. ABSTAIN: None. 29. It was moved and seconded by Commissioners Daniels/Krieger to adopt Planning Commission Resolution 2004-101, recommending to the City Council approval of Tentative Tract Map 32879, as amended: a. Condition #27 amended: "Off -site improvements should be completed on a first priority basis. Particularly, Madison Street improvements shall be completed prior to the issuance of the 251h building permit of the applicant for the project. Avenue 54 off -site street improvements shall be 319 G:\WPDOCS\PC Minutes\12-14-04.doc 7 Planning Commission Minutes December 14, 2004 completed by the issuance of the 50th building permit or May 31, 2006, whichever occurs later. The applicant shall have all off -site improvements completed and accepted by the City of La Quinta prior to 20% occupancy of the Tentative Tract Map. b. Condition #56.A.2.3.: deleted. C. Condition #56.A.2.e. amended: The applicant shall remove all existing trees adjacent to the Avenue 54 boundary of the Tentative Tract Map. The tree root system shall be removed to three feet below finish grade and as approved by the City Engineer. Tree removal between the west and east sections of the Tentative Tract Map shall be completed, but is not required until issuance of the 50th building permit, but not prior to May 31, 2006. d. Condition #56.A.3. amended: The applicant shall install the traffic signal at the intersection of Madison Street and Avenue 54 when warrants are met. Applicant is responsible for design and installation of the traffic signal. However, the applicant is eligible for reimbursement from the City's Development Impact Fee fund in accordance with policies established for that program. Applicant shall bond for the traffic signal DI reimbursement amount adjusted for design and installation prior to issuance of an on -site grading permit; the security shall remain in full force and effect until the signal is actually installed by the applicant. e. Private internal local streets shall be allowed to be reduced to 28 feet with parking restricted. f. Developer shall be allowed to provide the mow strip curbing on the streets with the one acre lots. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, and Vice Chairman Quill. NOES: None. ABSENT: Chairman Kirk. ABSTAIN: None. Chairman Kirk rejoined the Commission. City Manager Thomas Genovese introduced the new Community Development Director Doug Evans who thanked the Commission for the opportunity to serve the City. B. Tentative Tract Map 32751; a request of Grove Partners LQ, LLC for consideration of a subdivision of approximately 9.25 acres into 29 single- family and miscellaneous lots located at the southwest corner of Jefferson Street and Pomelo. 320 G:\WPDOCS\PC Minutes\ 1 2-14-04.doc 8 Planning Commission Minutes December 14, 2004 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Martin Magana presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff indicated a letter had been received from the HOA and their issues were being addressed. 2. Chairman Kirk asked about the cul-de-sac length for emergency access. Staff explained. Chairman Kirk asked legal counsel if the Commission must accept the Fire Department standards or are they able to make findings given. other circumstances. City Attorney Kathy Jenson stated she would not recommend overriding health and safety concerns. She would need to review the Municipal Code section to see if it could be done, but it could be creating a liability for the City. Chairman Kirk questioned even if the condition created a blight. Discussion continued. 3. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Jerry Green, MDS Consulting, representing the applicant, gave a description of the project. The one condition they have issue with is #17 and they would like to request its deletion or amend it to read when all the other open space lots are turned over to the HOA. Staff agreed with the change as long as it was prior to releasing bonds. 4. Commissioner Quill stated there is ample width between the date palm trees for the emergency access out to the entrance and asked why this area could not be considered for the emergency access. Mr. Green stated it belongs to the HOA and they have adamantly denied their request to install it at this location. He noted they will need a temporary access onto Jefferson Street during construction. 5. Commissioner Ladner suggested putting block under sod and it would not appear to be there. 6. Ms. Cindy Zamorez, KSL Developments, stated the HOA is adamant to keep the aesthetics of their entryway unchanged. It is currently owned by KSL and they have an agreement with the HOA to maintained it, and they would not agree to the change. G:\WPDOCS\PC Minutes\12-14-04.doc 0 3 AW Planning Commission Minutes December 14, 2004 7. Commissioner Ladner stated it could be done it is just a problem of selling it to the HOA. 8. Chairman Kirk asked if there was any other public comment. There being none, the public participation portion of the hearing was closed and open for Commission discussion. Discussion followed regarding the look of the secondary access proposed. 9. Chairman Kirk suggested the access on Pomelo could be done and if it becomes impossible, it could be brought back. He would prefer there be no secondary access along Jefferson Street due to the potential blight problems. Assistant City Engineer Steve Speer stated it is the City's decision as to whether or not to allow the secondary access. It is a Council decision where the access will go. The City has already predetermined the access points along Jefferson Street. The Commission can recommend they continue to enforce this decision. Discussion followed regarding the tunnel. 10. It was moved by Commissioners Daniels to adopt Planning Commissioner Resolution 2004-102 recommending to the City Council approval of Tentative Tract Map 32751, as amended: a. Condition 8.A.1. third paragraph deleted b. Condition #17: timing on dedication C. Add a condition: Remove the emergency access along Jefferson Street as being an unnecessary intrusion of the traffic flow along Jefferson Street. If an emergency access be required, it shall be developed at Pomello at the end of the cul-de-sac. 11. City Attorney Kathy Jenson stated she has an issue with the deletion of the third paragraph as to why they would want to delete a requirement that takes care of damage outside the tunnel. 12. Chairman Kirk stated this was a staff recommendation. Assistant City Engineer Steve Speer stated short of taking the tunnel out, staff thought a reasonable alternative would be to fill it with slurry to the top. The applicant is adamantly opposed to having the continuing burden imposed on this project. It is a City Council decision as to whether it is deleted. 3ti4. G:\WPDOCS\PC Minutes\12-14-04.doc 10 Planning Commission Minutes December 14, 2004 13. City Manager Thomas Genovese stated the concern of staff is that if the tunnel is removed, we have less concern. If it is a different type of repair, we do not want to place any obligation on the City if the tunnel is filled and not removed. 14. Commissioner Quill stated he does not believe there is any burden on the part of the property owners, HOA, Citrus Course, KSL, or anyone to operate, own, or maintain the tunnel. So if it failed it would be the City's responsibility. City Attorney Kathy Jenson stated it is an encroachment on a City street. Assistant City Engineer Steve Speer stated the City does have an Agreement. City Attorney Kathy Jenson apologized as she had not seen the Agreement, but she would not want to see a condition changed that would modify an obligation that exists. Commissioner Quill stated to require them to remove the tunnel would be a waste of their funds and problems would result. City Manager Tom Genovese stated we are not adding any burden as it already exists. 15. Chairman Kirk asked if the Agreement was changing from who currently has it to Grove Partners, LLC. The public hearing was reopened. 16. Mr. Green, stated he has no knowledge of the Agreement. The applicant is opposed to assuming the liability. They are willing to work with staff to abandon the tunnel to ensure it will not fail, but the burden of filling it is impossible. 17. Commissioner Ladner asked if the Agreement was not transferred when the property was purchased. 18. Commissioner Quill stated that any agreement between the City and the landowners of both sides of the street at that time, would have had to have been assignable to all successors and assigns and would be the burden of the HOA and all the property owners within the Citrus and Mountain View as they are today. City Attorney Kathy Jenson stated that was a fair assumption, but she would recommended the condition remain which would give staff time to review and make a recommendation to the City Council. 19. Chairman Kirk closed the public hearing. r 3�3 G:\WPDOCS\PC Minutes\12-14-04.doc 11 Planning Commission Minutes December 14, 2004 20. Commissioner Daniels amended his motion to not include the deletion of the third paragraph of Condition 8.A.1, subject to further investigation by the applicant and City Attorney. The motion was seconded by Commissioner Ladner. 21. Commissioner Quill asked that the City Council be made aware of their comments and desire for the existing Agreement be found. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, Quill, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. C. Site Development Permit 2004-817: a request of Washington 111 L.T.D. for consideration of development plans for construction of three commercial retail buildings consisting of 5,270, 5,038, and 9,865 square feet bounded by Highway 1 1 1, Avenue 47, Washington Street and Adams Street (within Washington Park Commercial Center). Staff noted a change in the conditions to combine Conditions #62 and 64. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels verified the Architecture and Landscaping Review Committee conditions are incorporated in the conditions. Staff stated yes. 3. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Bill Sanchez, Washington 1 1 1, developer of the project, gave a description of the project. 4. Chairman Kirk stated there appears to be a drive -through on Pad 4. Mr. Sanchez stated it is an open area similar to the other buildings with a trellis. There will be no drive -through. 5. There being no further questions of the applicant, Chairman Kirk asked if anyone else would like to address the Commission on this matter. There being none, the public participation portion of the hearing was closed and open for Commission discussion. 324 G:\WPDOCS\PC Minutes\12-14-04.doc 12 Planning Commission Minutes December 14, 2004 6. It was moved and seconded by Commissioners Quill/Daniels to adopt Planning Commission Resolution 2004-103, approving Site . Development Permit 2004-817, as recommended by staff and amended. a. Conditions #62 & #64: shall be combined. ROLL CALL: AYES: Commissioners Daniels, Krieger, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None D. Site Development Permit 2004-818 a request of La Quinta Partners North for consideration of architectural plans for two new prototype plans consisting of 3,060 square feet and 3,070 square feet for construction within Tentative Tract map 31816 for the property located at the southwest corner of Westward Ho Drive and Roadrunner Lane. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Krieger asked if there were homes adjacent to this project. Staff stated yes. 3. Chairman Kirk asked why the parkway sidewalk was on Roudel Lane. Associate Planner Wallace Nesbit stated there was discussion on sidewalk width when the original tract was approved. Roudel Lane is currently a dead end street. Assistant City Engineer Steve Speer stated the sidewalk was not stepped back from the curb because it is a rolled curb. He is going to be looking for vertical curb on this tract. 4. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Jim Thompson, applicant, stated he is agreeable with the conditions. The original tract showed a vertical curb on Roudel Lane and wedge curb on Roadrunner. There is a ten foot landscape strip on Roadrunner and five foot sidewalk. 5. Chairman Kirk asked if anyone else would like to address the Commission on this matter. There being no further public f �C) G:\WPDOCS\PC Minutes\12-14-04.doc 13 " ' "— `} Planning Commission Minutes December '14, 2004 participation, the public participation portion of the hearing was closed and open for Commission discussion. 6. It was moved and seconded by Commissioners Quill/Ladner to adopt Planning Commission Resolution 2004-104, approving Site Development Permit 2004-818, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, Quill, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. E. Environmental Assessment 2004-524 and Specific Plan 97-029, Amendment #3; a request of the City of La Quinta Redevelopment Agency for consideration of a certification of a Mitigated Negative Declaration of environmental impact and an Amendment to the existing Centre at La Quinta Specific Plan to add approximately 12.33 acres of land for a Mixed Regional Commercial development located at the southwest corner of Dune Palms Road and Highway 1 1 1. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Martin Magana introduced RSG Consultant George Britton who presented the information contained in the staff report, a copy of which is on file in the Community Development Department 2. Chairman Kirk asked if there were any questions of staff. Commission Quill asked if this land would be sold to commercial developers. City Attorney Kathy Jenson stated the property was acquired with Redevelopment Agency funds for a portion and City General funds for the remainder to have a portion of the site dedicated to commercial. All of the property would be disposed of to commercial developers as well as a residential developer. The majority of the site will be used for affordable housing. 3. Commissioner Daniels confirmed the Environmental Assessment was for the entire site. Staff stated yes. 4. Chairman Kirk asked if anyone else would like to speak on this project. There being none, the public participation portion of the hearing was closed and open for Commission discussion. 39W6 G:\WPDOCS\PC Minutes\12-14-04.doc 14 Planning Commission Minutes December 14, 2004 5. Chairman Kirk stated his concern is the design of the Centre and he would like to see a better architectural design for whatever is proposed. He realizes the need to keep continuity, but it should be improved. City Attorney Kathy Jenson stated the Site Development Permit and Conditional Use Permit as well as the map stage will come before the Commission and they will have the opportunity to review the design at that time. 6. It was moved and seconded by Commissioners Ladner/Daniels to adopt Planning Commission Resolution 2004-105, recommending to the City Council certification of a Mitigated Negative Declaration for Environmental Assessment 2004-524, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, Quill, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 7. It was moved and seconded by Commissioners Ladner/Quill to adopt Planning Commission Resolution 2004-106, recommending to the City Council approval of Specific Plan Amendment 97-029, Amendment #3, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, Quill, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. VI. BUSINESS ITEMS: A. Continued - Site Development Permit 2004-816; a request of K. Hovnanian Homes/Forecast Homes for consideration of landscape plans for Tract 20092 located at the northwest corner of Avenue 58 and Madison Street. 1. Chairman Kirk asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. There being no questions of staff, Chairman Kirk, asked if the applicant would like to address the Commission. The applicant's landscape architect, Tom Segura, gave a presentation on the project and explained how they would alter the design to meet the G:\WPDOCS\PC Minutes\12-14-04.doc 15 Planning Commission Minutes December 14, 2004 City's requirements. 3. Commissioner Quill asked if the plant list agreed with CVWD's list. The applicant. stated yes. 4. It was moved and seconded by Commissioners Daniels/Ladner to adopt Minute Motion 2004-017, approving Site Development Permit 2004-816, as recommended. Unanimously approved. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. VIII. COMMISSIONER ITEMS: A. Commissioner Quill gave a report on the City Council meeting of December 7, 2004. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Daniels/Ladner to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on December 28, 2004, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 9:32 p.m., on December 14, 2004. Respectfully submitted, e y wyer, �Executfli�veSecretary City of La Quinta, California G:\WPDOCS\PC Minutes\12-14-04.doc 16 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA December 28, 2004 7:00 P.M. I. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Kirk who asked Commissioner Alderson to lead the flag salute. B. Present: Commissioners Ed Alderson, Rick Daniels, Kay Ladner, Paul Quill and Chairman Tom Kirk. C. Staff present: City Manager/Interim Community Development Director Thomas Genovese, Assistant City Attorney Michael Houston, Senior Engineer Paul Goble, Principal Planner Fred Baker, Contract Consultant Planner Nicole Criste, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Kirk asked if there were any corrections to the Minutes of the regular meeting of December 14, 2004. There being no corrections, it was moved and seconded by Commissioners Quill/Ladner to approve the minutes as submitted. B. Department Report: V. PUBLIC HEARINGS: A. Village Use Permit 2004-026; a request of Prest Vuksic for consideration of the construction of a 6,800 square foot, two story office building located north side of Calle Amigo, one lot west of Desert Club Drive. 1. Chairman Kirk opened the public hearing and asked for the staff report. Consulting Planner Nicole Criste presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff explained the G:\WPDOCS\PC Minutes\12-28-04.doc Planning Commission Minutes December 28, 2004 concerns raised by the City Council at their last meeting regarding the lack of parking in the Village. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Quill asked about the parking requirements in the Village. Staff stated the Village Guidelines allow variation from the Zoning Code, but Council at their last meeting, discussed there being too large a reduction in parking for projects currently being proposed in the Village. 3. Commissioner Daniels asked why this project was exempt from CEQA. Staff explained. Commissioner Daniels asked if there was bus service. Staff stated access to the Sunline bus service is within a quarter mile. Commissioner Daniels asked If Council determined there was a need for more parking in the Village would this applicant have adequate space to provide the added parking. Staff stated the architect would need to evaluate the site to determine where it could be and it would need to come from the open space, or by reducing the building space. 4. Commissioner Alderson asked if the landscape plans would be approved prior to building permit. Staff stated yes. Commissioner Alderson asked if street parking was evaluated in the calculations. Staff stated no, only on -site parking. 5. Chairman Kirk asked if the applicant would like to address the Commission. Mr. David Prest, the architect representing the applicant, stated he was available to answer any questions. In reference to the parking, it would be difficult to provide. 6. Commissioner Daniels asked if there are parking problems currently in this location, or do we know what is adjacent to this site. Mr. Prest stated to the east is the Arnold Palmer restaurant, and to the north is an office building that has been approved for this site. Commissioner Daniels noted the parking problems are more in the Old Town area than this area. 7. Commissioner Alderson commended the applicant for the use and design of his trash enclosure and with reciprocal parking it will work out well. He would however, recommend moving it two or three stalls to the west because where they are sitting is directly on top of a 4' X 6' Imperial Irrigation vault. G:\WPDOCS\PC Minutes\12-28-04.doc N Planning Commission Minutes December 28, 2004 8. Mr. Rob Capitz, the applicant, stated on the south side of the street there is a large parcel of vacant land owned by the City that, at some point, will need to be landscaped and could provide parking. He requested the condition requiring the parcels being merged be deleted as he would like to keep them separate and create a use agreement for the parking. 9. Commissioner Quill asked if the building fits the lots within the setbacks. Mr. Capitz stated yes. Staff recommended amending Condition #31 to require a recorded Recriprol Access Easement. Assistant City Attorney Michael Houston stated it should be subject to review and approval of the City Attorney's office. 10. Chairman Kirk asked if there was any other public comment. There being none, the public participation portion of the hearing was closed and open for Commission discussion. 11. It was moved by Commissioners Daniels/Ladner to adopt Planning Commissioner Resolution 2004-107 approving Village Use Permit, as recommended and amended: a. Condition #31: Either merge the lots or record a Reciprocal Access Easement and Joint Maintenance Agreement to be reviewed and approved by the City Attorney's office. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. C. Zoning Code Amendment 2004-081: a request of the City for an Amendment to the La Quinta Municipal Code Chapter 9, Section 9.40.010-Table 9-1 Permitted Uses in Residential Districts; Section 9.80.040-Table 801 Permitted Uses in NonResildential Districts; and Section 9.150.080.M.5.a. and 9.100.040.B.1.a. relating to interior landscaping. 1. Chairman Kirk opened the public hearing and asked for the staff report. Consulting Planner Nicole Criste presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked about the other locations in the City G:\WPDOCS\PC Minutes\12-28-04.doc 3 Planning Commission Minutes December 28, 2004 that had the CP designation. Staff explained the locations on the map and intent of the uses for the CP zone. This request was to allow the City greater flexibility by allowing the uses with a Conditional Use Permit. 3. Commissioner Quill questioned the proposed uses for the site. City Manager Tom Genovese stated that in regard to buffers and planning guidelines, both locations where the land is zoned CP, they have a natural buffer by either the Whitewater Channel or La Quinta Excavation Channel from the residentially zoned properties. 4. Chairman Kirk asked if this request was to allow greater flexibility for City -owned property. City Manager Tom Genovese stated that by approving this change it would give the City greater flexibility in reviewing projects for these sites. However, it should also be noted that it is consistent with proper planning due to the fact that you have a natural buffer to both the north and south of these zoned areas. 5. Commissioner Daniels asked if the Conditional Use Permit process required a public hearing before the Commission. Staff stated yes. 6. There being no further questions of staff, Chairman Kirk asked if anyone else would like to address the Commission on this matter. There being none, the public participation portion of the hearing was closed and open for Commission discussion. 7. It was moved and seconded by Commissioners Daniels/Quill to adopt Planning Commission Resolution 2004-108, recommending approval of Zoning Code Amendment 2004-081, as recommended by staff. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None VI. BUSINESS ITEMS: A. Sign Application 2004-827; a request of Gem Realty Group for consideration of an amended planned sign program for a multi -tenant office building located at 78-900 Avenue 47, north of Avenue 47, west of Adams Street. G:\WPDOCS\PC Minutes\12-28-04.doc 4 3 v 2 Planning Commission Minutes December 28, 2004 1. Chairman Kirk asked for the staff report. Principle Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Alderson asked if the applicant was asking to go change the signs from illuminated to nonilluminated. Staff stated that was correct. 3. There being no questions of staff, Chairman Kirk, asked if the applicant would like to address the Commission. The applicant having no questions. 4. It was moved and seconded by Commissioners Daniels/Ladner to adopt Minute Motion 2004-018, approving Sign Application 2004- 827, as recommended. Unanimously approved. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. Vill. COMMISSIONER ITEMS: A. Commissioner Daniels gave a report on the City Council meeting of December 21, 2004 and noted the appointment by the City Council of Ed Alderson to the_ Commission and welcomed him to the Commission. Commissioner Alderson thanked everyone for the welcome. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Daniels/Ladner to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on January 11, 2005, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 7:38 p.m., on December 28, 2004. Respectfully submitted, V.wyyZe4r,.Exektive SecretarBetY City of La Quinta, California G:\WPDOCS\PC Minutes\12-28-04.doc 5 Department Report: i-A TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: January 18, 2005 SUBJECT: Department Report - Response to Public Comments The following public comments were made at the January 4, 2005, City Council meeting: 1. Robert Alcala, 51-470 Avenida Carranza, spoke on behalf of the Friends of the Senior Center and questioned the status of the Senior Center, particularly whether it is to become a "community center." He also questioned why the La Quinta Senior Center did not offer flu shots this year and why the seniors were charged $5.00 for a special luncheon that was donated. • Staff has met with and responded to Mr. Alcala's concerns. 2. Tricia Ryan, 44-265 Via Coronado, spoke regarding increased crime in the City. • A Police Department representative has spoken with Ms. Ryan and has drafted a letter of response addressing her concerns. 3. Nicholas Murray, 49-720 Rancho San Felipe, inquired whether La Quinta would be adopting the multi -species habitat plan, and whether Council had any opinions about the plan. • Council Member Henderson stated the item will be coming before Council as a Study Session item in the near future, and Mayor Adolph suggested Mr. Murray be notified when the item is scheduled for consideration. a� 334 4 MEMORANDUM TO: The Honorable Mayor and City Council Members FROM: O imothy R. Jonasson, Public Works Director/City Engineer DATE: January 18, 2005 RE: Emergency Repair of Jefferson Street Low Water Crossing The City Manager has authorized Granite Construction to start emergency repairs on the Jefferson Street low water crossing in order to expedite opening Jefferson. Street as soon as possible. Granite's work will be paid on a time and material basis. Once the cost of the repairs are known, staff will report back to the City Council. 3 5 T:\PWDEPMTAFF\Jonasson\Memos 2005\050118 City Council.DOC DEPARTMENT REPORT: 3 -'A JAN UARY 18 FEBRUARY 1 FEBRUARY 15 MARCH 1 MARCH 15 MARCH 17-20 APRIL 5 APRIL 19 CITY COUNCIUS UPCOMING EVENTS CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING LA QU 1 NTA ARTS FESTIVAL - CIVIC CENTER CAMPUS CITY COUNCIL MEETING CITY COUNCIL MEETING 3 6 2 January 2005 La Quinta City Council Monthly Planner 3 4 5 2:00 PM City Council 10:00 AM ALRC Meeting 6 7 12:00 PM Mayors Lunch 1 New Years Day %0 9 10 11 12 13 14 15 7:30 AM CVEP-Adolph 7:00 PM Mosquito 9:00 AM RCTC- 9:30 AM Animal Campus 10:00 AM Pub. Sfty- Abate. -Perkins Henderson 12:00 PM Energy/ Perkins 12:00 PM Transp-Perkins 3:00 PM Mtns. Con -Sniff 7:00 PM Planning Commission 5:30 PM Investment Advisory Board Environ.-Sniff 7:00 PM Cultural Arts 6:00 PM League- Commission Henderson 7:00 PM Com. Serv. Comm. 16 17 18 19 20 21 22 9:00 AM CVA-Henderson 3:00 PM Historic Preser- 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- Commission Osborne Henderson 30 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Osbome 31 . December 04 6:00 PM Exec Cmte.- ' ! S M T W T F S Adolph 1 2 3 4 5 6 7 8 9 10 11 �! I 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 1/13/2005 February 2005 La Quinta City Council Monthly Planner 6 7 13 14 7:30 AM CVEP-Adolph 10:00 AM Pub. Sfty- Perkins 12:00 PM Transp-Perkins 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 20 21 President's Day (CITY HALL CLOSED) 27 28 6:00 PM Exec Cmte.- Adolph 1 2 2:00 PM City Council 10:00 AM ALRC Meeting 8 7:00 PM Mosquito Abate. -Perkins 7:00 PM Planning Commission 15 9:00 AM CVA-Henderson 2:00 PM City Council Meeting 9 9:00 AM RCTC- Henderson 5:30 PM Investment Advisory Board 16 3 4 10 11 9:30 AM Animal Campus 12:00 PM Energyl Environ.-Sniff 7:00 PM Cultural Arts Commission 17 3:00 PM Historic Preser- vation Commission 22 23 24 7:00 PM Planning 12:00 PM Human/Comm- 9:00 AM LAFCO- Commission Osborne Henderson 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Osborne January 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 W01 25 5 12 19 zs March 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 Printed by Calendar Creator Plus on 1/13/2005 3�8 March 2005 La Quints City Council Monthly Planner SundayMonday..Wednesday.Saturday ,, 2 3 4 5 February I 2:00 PM City Council 10:00 AM ALRC 12:00 PM Mayors Lunch 9:00 AM - 4:00 PM SJSR Ntl. Mnmt-Henderson S M T W T F S E�II�}�� •, �i}}; ,} Meeting 1 2 3 4 5 �3!i }•siE!iF; ! E� !!!' 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26l 27 28 ! 6 7 8 9 10 11 12 7:00 PM Mosquito 9:00 AM RCTC- 9:30 AM Animal Campus Abate. -Perkins Henderson 12:00 PM Energy/ 7:00 PM Planning 5:30 PM Investment Environ.-Sniff Commission Advisory Board 7:00 PM Cultural Arts Commission 13 14 15 16 17 18 19 7:30 AM CVEP-Adolph 9:00 AM CVA-Henderson 3:00 PM Historic Preser- 10:00 AM Pub. Sfty- 2:00 PM City Council vation Commission Perkins Meeting 12:00 PM Transp-Perkins io 3:00 PM Mtns. Con -Sniff 6:00 PM League- St. Patrick's Day Henderson 7:00 PM Com. Serv. I La Quinta Arts Festival Comm. 20 21 22 23 24 25 26 7:00 PM Planning 12:00 PM Human/Comm- 9:00 AM LAFCO- Comn fission Osborne Henderson 12:00 PM Sunline-Adolph 1st Day of Spring 4:00 PM DRRA Airp- Osborne La Quinta Arts Festival 27 28 29 30 31 •t f �! i'E �I s E ;� I::3 }} i l � ii!i IT l 6:00 PM Exec Cmte.s11 Adolph ! !}:1 � !} ; E�I'ii:.1 Ii3.lf� i Ei Arili'i'�'l�3lil`'!! } f �� S M T W T F S i'I! Eli I •� .�l . # P liii}i lei "EIS �.II }Ili 1 2 Easteri'r.!l�!l { l i •i I:} � j!'iilSll i • E''j� : l } jai i 3 4 5 6 7 8 9!y I 10 11 12 13 14 15 16 �l{��j`•}��i�� I!i:�il,,1lE!i 'l[!Ili``li�1ill€ll!j! El:}E}i y I •i ! l}€r j lii II!l! 17 18 19 20 21 22 23�ili it•,. j 24 25 26 27 28 29 30 nI Printed by Calendar Creator Plus on 1/13/2005 .3J9 ��-�- DEPARTMENT REPORT: t4 �3 INcoirm �4 of9 TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety -7-- 4- DATE: January 18, 2005 RE: Monthly Department Report - December 2004 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of December. Also included is the Monthly Executive Status Report for the Municipal Library. The reports depict the following highlights: • Year to date building permit valuation is $359,447,466 which represents an issuance of 5,225 building permits through December; • 2,366 animal control cases have been handled through December; • 1,929 code compliance cases have been initiated through December; • $890.00 - garage sale permit income in December; and • Monthly Executive Status Report - Municipal Library Construction Update 310 C/� � �--� * CD ID yA� ►� '� CD W C Ee!' CD 0 N O �O �'O N O% N N O •-• W �-• ► ►-- �-• J O� W N r-- 01 �--` LA W (-A CAD ►D c� UA N O+ A• COD N N w v �O •P w W A •P m to �0 .P �O •P6 N � w w �l vA w O O .A LA w �O w w 01 Q1 a' a �.. a. G 'r- a• c to N W N ►--► 4�. W W W W w N a. 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V V V V V � �D YJ v O V N N �O ►-� �O ►--00 kA N N �• N• R• �. �l N N W -P N 00 ►-► O �' W w w �O �-• 40�,CD a �• ci �l 01 N W •P 1,0 W •P N W �• CD W w v `O -P �O N v 00 O N 00 N 00 rA r w o w y y • a O �-• W N W N N •P N N N N O,.r a OW 00 "0ww�0� 00 to M C 0O, \0 00 -PI, . a O O CD CD ►� O � ,..r N �► � r-N �--► N r- V V V V V V V V V V V V V00 ►� O O v N v N �1 N 00 �-+ ON N 00 0� N C\ N � O O W O� J . ►-� J P W W "I N (j1 O o0 �D rP N O O rP O� O� O�• OO �J 00 ,A v �O vA w �l � G� `O � ►- N VI N �O W O �O LA �O W ►-• O\ � LA o 141 w N �l w •P 00 to a1 w111-• 11 011►I Ic", Cy N 0 0 0 w N O N ;� A 2 HMMMWOa11 oa"VvmOno nw):' y I HV0H►*MVMnrbrMWV0V;lJ I ro I Hr00 VV wHM3n xn I Vol x x O OOcn ON I r 1 I H 1 Hv�tnmtyaoroadaorobrl�tyxrox�e I n' MboH�Mo��r�IrMMOM� 1 b1 3C=IG�L=] 1 0 C�H�OE t7 I H Ivn 600 H O r rH I H o "M r o U U W O n n\ H I 0 1 'fJ -0 1 tij tii " V 1 0 1 O 'IJ H I Z I r Z M r r z n H KH�o to �d Oe�ooRoR 11rrn 0z rgt33l ro Va(-) It1i C:a H �r1 I�IM H Mtn I \tn Pa M I 1 Hn Z ZH3 0 H 0 H U) 1 1 rH GM ;O HOHx H 1 1 MH AO tii xad:to M t7 1 H H n 1 r t4 H C PC I 1 ►C b to ti7 1 ' r H to 1 I H 1 I til 3 1-3 I 1 IZi I 1 1 x to H 1 I v � r I 1 H I I n I 1 O y 1 1 r ' � I 1 1 1 I 1 00fi7ro I y I 1 M;v0M I b I 1 a W �1 w ►-+ �+ I b 1 1 > H 3 J o J 1 F+ F+ I t4 1 I ptl [n H H W mw JwO JOON NF�I-+N Ilr.4 ' � ' 13toMH tij t4 (n 1 10 11 Z tj 47 H I tij I I H tii > N I PC I 1 IO ,O H O U1 w r 1 3 1 I I tit H H OD H N H N F+ 1-' F+ F1 !-+ I H 1 I ?c 0 fA IP O\ 1- N co In J w 1D U1 0 F+ N N F•+ IP O1 m A. 1 y I I td 3 t 7 H I y 1 H y l•+ n 1 x I dr1.y.1 En N cn 1 IO(n 1 HOotd N N I to 1 Z 'i] ►' ►C r 'O I a \ O OD w IP N J I M I > 0> N N O1 W W w w 1D 01 1-+ 1-, IP 1-1 O IP N to I C ;v 1 QI r Ip ro • 01 0 O U1 OD W W F-' J W O CO W 0 N J Ul OD 1 ,'pI H 1 r 10 JO0lJ11plf WM WMWO 010oLA) OD 1 r0 1 to Hr 1t>` U1 0 0 0 O1 W O OD N Ln W 0 o O 14 W J I Li ti I > 10 x H N 000NNJ0E-+001p0000ODJM i y 1 qj�wo 1 'rl N N 1 I I y N 0 J H W I 1 \ '1'.1' W IP H Ln F-I F-1 1D 10 N 1 1 W J N w IP J N N 01 O1 H OD N w 1 I 1 I G r y w O O 01 O O F' J 01 VD Ip H N %D W m 01 J J 1 KJ I I b\ K 10 OOIP10N0 JJF'I-'ODODON JODIl1 W I tIj 11 MOb k 0 oomwwOom�D 1��nJommJwo I to i I N o A. J m w w m O OD IP 0 to w I I I 1 I 1 1 I 1 1 r0 I 1 1 b I I I t~ I 1 O O O O O O O O O O O O O 0 4 n 0 0 0 1 (n 1 1 I I I I 1 1 I i 1 b I 1 tij U) 1 1 � I I 3 1 I H tij I 0 00000000000000000o IH 1 1 E to 1 I tit 1 1 � 1 1 to O 1 1 rU t7 1 • I r 1 1 b I I �D# tIh I I r C 1 1 Cr I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 y ►C I i H M I I z I � 1 I 1 1 I 1 I I ' 1 Cif I 1 1 tii 1 I 1 Cn 1 1 I t I O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I I I O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I 1 ANIMAL CONTROL REPORT FOR: Dec. 2004 Steve Alexander, Jackie Misuraca, Moises Rodarte and Patti Lee Animal Pickups YEAR TO YEAR TO INCIDENTS YEAR TO YEAR TO Dec. 04 DATE 04 DATE 03 HANDLED DATE 04 DATE 03 Dogs Alive 28 335 362 Bite Reports 1 36 38 Dead 9 85 87 Animal Trap OTI 4 43 34 Set Ups 6 36 78 Cats Alive 17 236 203 Cruelty to Dead 6 74 77 Animals 1 1 3 OTI 8 14 3 Other Animals Alive 4 92 97 Vicious Animal Dead 7 102 71 Restraining 0 5 0 OTI 0 2 1 TOTAL ANIMALS Special Hour Patrols 3 55 11 Alive 49 663 662 Zoning 0 2 12 Dead 22 261 235 Lost/Found 30 484 457 OTI 12 59 38 Animal Rescue 2 22 18 Outside Agency 0 2 6 TOTAL ANIMALS REMOVED City Reclaims 10 112 152 Other 29 255 169 83 983 935 TOTALS 82 1010. 944 VIOLATIONS: NO OWNER Dogs at Large 22 Noise Disturbance 0 Defecation Removal 0 License Violation 0 Other 0 MONTHLY TOTAL 22 YEAR TO DATE 215 TOTAL MONTHLY INCIDENTS HANDLED: TOTAL YEARLY INCIDENTS HANDLED: WARNINGS 1 0 0 3 0 4 9 Dec. 04: 214 Dec. 04: 2366 CITATIONS 21 1 0 0 1 23 149 Dec. 03: 113 Dec. 03: 2590 343 CODE COMPLIANCE STAT REPORT FOR DECEMBER 2004 Dec. 04 YEAR TO DATE 04 YEAR TO DATE 03 ABATEMENTS: Nuisance Abatements Started 55 Weed Abatements Started 0 Vehicle Abatements Started 27 Dwelling Abatements Started 2 Home Occupation Inspections 5 TOTAL STARTED 89 TOTAL COMPLETED 88 Case Followups 198 Business License Inspections 0 Garage Sale Permits Issued 89 Total Received $890.00 1115 1307 75 123 707 741 17 16 147 (new category) 1929 2187 1767 1887 3708 5129 1 1 1648 1656 5 344 INC L"(014STRUGIONF Glendora Beverty Hills San Clemente La Quinta LasVetgas Monthly Executive Status Report City of la Quinta Municipal library Construction Update Presented to The City of La Quinta: January, 2005 For the Month of December, 2004 • Structural Steel Columns 100% complete in -place • .Rotunda Steel 100% complete / Roberson Decking installed • Glue Laminated Beams & Lumber on -site • No negative community related problems/issues reported Schedule Performance Month of December, 2004 • Two days lost in production / RAIN DAY DELAYS (Dec. 28th & Dec. 29th) • Change Orders for RAIN DAY DELAYS to be issued per Project Specifications Schedule Performance Project To Date • Original Completion Date: June 16, 2005 • Revision Schedule # 1 July 8, 2005 • Revision Schedule # 2 June 27, 2005 • Revision Schedule # 3 June 30, 2005 • Revision Schedule # 4 June 28, 2005 • Forecast of making up days during wood framing activity. • Forecast Completion Date: June 16, 2005 Budget Performance Project To Date • Original bid: $5,794,018.00 • Plus Contingency (5%) $289,700.00 Total Budget (original bid plus contingency) : Change Orders (9): o $7,923.78 (relocation of electrical vault) o $23,228.00 (underground ductwork Phase 2 not in original plans) o <$6,245.00> CREDIT (crushed rock/slab underlayment deletion) o $0.00 (Rain Day Delay / 1 additional day to baseline schedule) o $0.00 (Rain Day Delay / 1 additional day to baseline schedule) o $2,318.40 (additional electrical items per M.W. Steele I.B. #014) o $24,283.27 (additional electrical per Revised Verizon Drawings) o $11,928.00 (changes in light fixtures per M.W. Steele I.B. #012) o $12,068.25 (additional electrical per Revised IID Drawings) o Total net change orders: $75,504.70 • Current cost commitments (original bid plus change orders): • Contingency usage to date: • Contingency budget remaining: • Current commitments as % of Total Budget ($6,083,718) Safety Performance Project To Date • No Lost Time or Claims due to injuries or safety violations $6,083,718.00 $5,869,522.70 $75,504.70 $214, 195.30 96.48% 311 6 J Upcoming Month Priorities/Key Activities (January, 2005) • Wood Framing Started: Nailers/Backing on Steel Beams • Roof Framing to Begin in January • Metal Framing "Light Gauge"@ Rotunda to Begin in January 346 DEPARTMENT REPORT: 0 • v {5 INcwa.n'�G4�U6 OFA TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: DOUGLAS R. EVANS, COMMUNITY DEVELOPMENT DIRECTOR DATE: JANUARY 18, 2004 SUBJECT: DEPARTMENT REPORT FOR THE MONTH OF DECEMBER 2004 Attached please find a copy of the Community Development Department Report which outlines the current cases processed by staff for the month of December. 3 dt 7 PAMonthly Report Folder\DEC 2004.doc 1 COMMUNITY DEVELOPMENT DEPARTMENT DEPARTMENT REPORT DECEMBER 2004 PROJECT DESCRIPTION Conditional Use Permits 0 submitted Development Agreements 0 submitted Environmental Assessments 1 submitted General Plan Amendment 0 submitted Lot Line Adjustments 1 submitted Minor Adjustments 2 submitted Minor Use Permits 23 submitted Parcel Maps 1 submitted Parcel Mergers 1 submitted Sign Permits 11 submitted Site Development Permits 3 submitted Specific Plans 0 submitted Tentative Tract Maps 2 submitted Temporary Use Permits 4 submitted Village Use Permits 0 submitted Zone Change 0 submitted Zoning Code Amendments 1 submitted TOTAL 50 NEW CASES SUBMITTED INSPECTIONS AND PLAN CHECKS Cove Checks 6 Inspections completed Subdivision Plan checks 46 performed PAMonthly Report Folder\DEC 2004.doc 3 A S Z O U Q "O 0) 'p .O o 0 o o aaa.o- aQ a s a a a C)o� C)0 �M�n 00 1 00 �U 0- U Q2CL N CL CLo .O "a 'a a a o 0 QQ c.o l a L- � � < CL Q N UU I �a.UU =m(L c +�,, '� aD ° ca L ' o. a J U•- C 0 'C E d > E ° p Q Nm cc CL ai J a Ne.0 C o ° •_ 4-1a ° o a;CL cCO-) J caCL c va O cn rn C n� (D 4-J c Crn O C �L-(D N .00 0 +-' LA CM 0) N N VOLv M N NN' 'O OO C o yC O , 0�O O c � V'O + c�°oCa� 0)NN-Q Otcon +n 0 -0 c -a a oo4- o N +_ c a •'� a U O (D u) cu =a:O 0) a O � , +j aU cEOO +C � -0 (D a o � a N acLa +m' . o° a zE°oo-ocn° °'`�C ccai"°°c� �c C V N cc 0F, N LO +� C _ c L c •— c co U M v°i - c ° E0 0 O o CL N N N >NCO { C (D cLV a ° o oaN C a N0 a N� N (cD J +' 0 _� a• CD O C o c E cn > � o O �c N E Na-0 o cr O ca O U _ ai c �' }' oC c x 0 ° c ca ° 0 CD a� N � ca ° C ca o- o O 0 a� ca s Cl) CL c C :a +_ M 'cC-n °-Ca�';�oc o cr 00 *'' ° c= a °� � .�' EZ rn .� o 00 O cn cM~ M C; O ch N Z _ c a 0 0 r 0 .` f— ca UNNO 4--0 NLU y J(nCL�0 --% ON '+°�-' E U OC c c M •° c CL CL �� C7 i co cc a) U ca ° . . 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V) 1-- V- 0 N � n 00 O M O O ♦'' �c O ap o 0 0 G V In M 00 C O O > O c0 Q + i O r*14% N O N �+ C O q' O C O 0 V 0o LO c0 M 0o a N N W co O (n v •N O � � O .0 2 m a c a- �m U C C a (D D 0 0 J J C N W � o- i 1 �' o C) � c c U .� � LL c J c O 'C c _ m DEPARTMENT REPORT: TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COU CIL FROM: DODIE HORVITZ, COMMUNITY SERVICES DIRECTO DATE: JANUARY 21, 2005 SUBJECT: TRANSMITTAL COMMUNITY SERVICES DEPARTMENT REPORT FOR THE MONTH OF DECEMBER 2004 UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF FEBRUARY 2005: Feb 1 *CPR & First Aid Class Feb 1 *AARP Tax Assistance Feb 4 *Pilates Class Feb 5 Neighborhood Pet Show, Fritz Bums Dog Park Feb 8 *Knitting Feb 10 *Ballroom/Swing Dance Lessons Feb 10 *Valentine Luncheon Feb 11 Teen Big Bear Skiing/ Snowboarding Excursion Feb 11 *Rug Hooking Feb 11 *Senior Center Evening Dance Feb 14 *Hatha Yoga Class Feb 15 'Tap Dance Class Feb 15 Hip Hop Dance Class, La Quinta High School Feb 15 Tap & Jazz Combo Dance Class, La Quinta High School Feb 15 Yoga Electica, Senior Center Feb 15 Adobe Photoshop Elements Advanced Course, Senior Center Feb 16 Yoga Somatica, Senior Center Feb 17 *AARP Driver Safety Program Feb 17 Beginning Ballet Dance Class, La Quinta High School Feb 17 Dance, Play, & Pretend, La Quinta High School Feb 17 Adobe Photoshop Introductory Course, Senior Center Feb 20 Museum of Tolerance Excursion Feb 21 Kickboxing Boot Camp, Senior Center Feb 21 Beginning Boxing, Senior Center Feb 21 Young Samurai, Senior Center Feb 21 Navigate the Internet, Senior Center 354 Feb 22 *Arthritis Tai Chi — Beginners Class Feb 22 '"Watercolor Lessons - Beginning Feb 23 *Sketching/Drawing Feb 23 Fly -Fishing 101, Senior Center Feb 23 Your Financial Future, Senior Center Feb 24 * Tai Chi Feb 24 All Aspects of Interior Design, Senior Center Feb 27 2-on-2 Grass Volleyball Toumament, La Quinta Park Feb 28 *Stained Glass for Beginners Feb 28 Youth Skateboarding Lessons, Fritz Bums Skate Park Feb 28 Faux Finishes Made Easy, Senior Center Feb 28 Ballet Workout, La Quinta High School *Daytime Senior Center dass or activity Monthly & Yearly Revenue for the Month of December 2004 Unnthiv Revenue . Facility Rentals 20" 2003 Variance Senior Center $ 3,145.00 $ 4,802.00 $ (1,057.0 Parks $ 150.00 $ 300.00 $ 1 50.00 Monthly Facility Revenue $ 3,295.00 $ 5,102.00 $ 1, 7.00 Year to Date Facil' Revenue $ 189684.00 $ 22,673.00 $ 3 89.00 Mnnthiv Ravanue Senior Center $ 2,202.50 $ 8,420.50 $ 6, 18.00 Community Services $ 525.00 $ 1,962.00 $ 1,437.00 Total Revenue $ 2,727.50 $ 109382.50 $ (79055.00 Ravanua Vaar to Data Senior Center $ 39,307.00 $ 51,347.25 $ 12, .25 Commun' Services $ 51,337.00 $ 56,827.00 $ 5,f90.00)) Total Revenue to Date $ 90 644.00 $108,174.25 $ 17930.25 356 Community Services Department Attendance Report for the Month of December 2004 Summery Sheet Program 2004 2003 Variance Sessions Per Month 2004 2003 Leisure Classes 52 67 -15 25 50 Special Events 1035 720 315 5 3 Adult Sports 506 520 -14 21 19 Senior Center 904 1224 -297 101 85 Total 2 497 2 531 -11 152 157 Senior Services Senior Center 139 337 -200 13 10 Total 139 337 -200 13 10 Sports User Groups La Quinta Park Use AYSO 1100 980 120 24 18 S orts Com lex Desert Storm Baseball Club 14 0 14 11 10 La Quinta Heat 14 0 14 4 0 AYSO 400 420 -20 14 12 Facility/Park Rentals Senior Center Private Pa 400 400 0 2 2 Church 600 490 110 8 7 Park Rentals La Quinta Park Rental 80 200 -120 2 5 Total 29608 29490 118 65 54 Total Programs 592"1 59358 -114 230 221 Volunteer Hours Senior Center 292 393 -101 Total Volunteer Hours 1 292 393 -101 Community Services Program Report for December 2004 20" 2003. 2004 2003 Participants Participants Variance Meetings Meetings Leisure Classes Intermediate Belly Dance 5 0 5 2 0 Beginning Ballet 8 0 8 3 0 Dance, Play & Pretend 7 0 7 3 0 Yoga Somatica 4 0 4 3 0 Yoga Electica 11 14 -3 5 1 Self Defense 2 0 2 4 0 Microsoft Excel 9 0 9 2 0 Intermediate Computers 6 01 6 3 0 Totals 52 141 38 25 1 2004 2003 2004 2003 Participants Participants Variance Meetings Meetings Special Events Newport Harbor of Lights 50 20 30 1 1 Tree Lighting Ceremony 400 475 -75 1 1 Breakfast with Santa 200 225 -25 1 1 Santa Paws Pet Portraits 10 0 10 1 0 La Quinta Skate Park Grand Opening 3751 0 375 1 0 Totals 1,035 720 315 5 3 2004 2003 2004 2003 Participants Participants Variance Meetings Meetings Adult Sports Open Gym Basketball 286 300 -14 18 16 Adult Soccer League 220 2201 0 31 3 Totals 506 520 -14 211 19 Recreation Totals 15931 12541 3391 511 23 3 g: 5 Participation Participation Variance Meetings Meetings 2004 2003 2004 2003 Senior Activities ACBL Bridge 239 132 107 5 3 Bridge, Duplicate/Social/Party 317 585 -20 16 16 Monthly Birthday Party 0 34 -34 0 1 Monthly Luncheon 55 116 -61 1 1 Movie Time 49 41 a .5 3 Senior Activity Total 860 9os -246 27 24 Senior Leisure Classes Ballroom Dance 25 24 1 3 3 Bridge Lessons 21 27 4 1 4 Computer 19 54 -36 20 7 Computer Tutor 2 6 -4 6 7 Tap Dance 9 16 -7 6 3 Exercise 47 49 -2 12 13 Golden Tones 82 61 21 4 5 Pilates 3 0 31 3 0 Quilting 20 27 -71 2 3 Rug Hooldng 3 9 4 3 Sketching/Drawing 8 5 2 3 Tai Chi 9 16 - 5 4 Watercolor 13 13 1 3 Yoga 6 9 -3 5 3 Senior Leisure Classes Total 2" 316 40 74 61 TOTAL SENIOR PROGRAMS 904 1224 -291 101 85 Senior Services AARP "55" Course .14 20 -5 2 2 FIND Food Distribution 65 251 -1881 3 3 1.1. D. Energy Assistance 22 14 a 5 3 Hearing/Legal Consultation 12 0 12 1 0 Medicare/Hi Cap Consultation 5 4 1 2 2 Volunteers 21 48 -2 n/a n/a TOTAL SENIOR SERVICES 139 337 -wo 13 10 SENIOR CENTER TOTAL 1043 1561 491 114 95 1j9 DEPARTMENT REPORT: 9 / 000 A. o V5: ti OF 'T'9 TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: January 18, 2004 RE: Public Works/Engineering Department Report for December 2004 Attached please find the following: 1. Citizen Service Request Summary; 2. Encroachment Permit and Plan Check Services Summary; 3. Capital Improvement Plan Status Update; 4. Monthly Summary of Public Works Tasks. T othy R Jo assVoCity blic Work irec Engineer 3,0 019 �3 V V J to D IL 5Q S` M J z N W W W _V W U) z W N t� y x � i H U n k $ N � Y y j.. 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Ln "' O �- d' O LA LnO..�� 'v � LA 'v �_ 'v O U ai OLn \ ai a ai Ln a � 0 W �./ N 4 O m �O�� W {r O ea � w O I Ln Ln (m—r hm—Ln Lo C LALn �J Ln W O W O W p O W M M W O W N h V p i V O Ln O LO O cn i .. tt T- 00 N N ry= O O O O d' � F_ F- N p p d' p CCo N p O p M O O p O O, : 4 i co CD CY) co 00 OLO O O O O O p V- O O O O O O O d' Ln � N CM LO M L1) LO Lci � � O 0) N [fi Cfl M CM 00 V— tn• > to °6 O J C Q. co M LA O C c U + cn O cn N C (D > �t N ai O o c c o' M a c � ''' c ON o E c pO a� o a> C7 c E M c E a 3 N co U c a� 0 a� > L > N cn �' cu a o a a� .� 0 3� a) a Oa. (n (n mQ (n� F-2 Z� Q MONTHLY SUMMARY OF PUBLIC WORK TASKS 'MONTH OF: December, 2004 Empio ee's Hourly Labor Breakdown Crew#1 Crew #2 Crew #3 Maint. M . Code Activi 4 Men 4 Men 2 Men 1 Man Total 1000 Policin nspection 90 47 0 15 152 1001 Pot Hole -Repair/Patching 12 17 0 1 30 1002 Crack/joint-Repair 0 0 0 0 0 1003 Pavement Marking/Legends 3 0 0 0 3 1004 Pavement Markin Stripin 0 01 0 0 0 1005 Curb Painting 0 0 0 0 0. 1006 1 Other Traffic Controls 22 4 0 1 27 1007 Curb & Gutter Re air/Const. 0 0 0 0 0 1008 Other Concrete Re airs/Const. 0 0 0 0 0 1009 Street Sign Install (New) 2 10 0 0 12 1010 Street Sign Repair/Maint 34 86 0 0 120 1011 Debris Removal 2 24 0 0 26 1012 Right of Way Maint. 21 7 2 1 31 1021 JCLEAN Catch Basin Inlet/Outlet 0 0 0 0 0 1022 Rondo Channel OutleWault 34 0 0 0 34 1022A Desert Club OutieWauft 0 0 0 0 0 1023 S.D./ D.W./C.B. Repair/Maint. 0 37 0 4 41 1024 Gutter/Median Sand Removal 0 7 0 0 7 1025 Street Sweeping (Machine) 4 0 0 124 1026 Street Sweeping (Hand) 0 15 0 0 15 1027 Sidewalk/Bike Path Cleaning 0 1 30 0 31 1028 Dust Control 0 0 0 0 0 1029 Flood Control 46 41 28 0 115 1031 Parks/Retention Basins Inspection/Clean-4 0 37 137 2 176 1041 Mowing/ Weeding, Shrubs & Tree Trimmin 0 2 0 0 2 1051 Landsca etlrri ation Contract Mana eme 0 0 120 15 135 1052 Lighting/Electrical Contract Management 0 0 0 14 14 1061 Small Tools Repair/Maint 0 0 0 0 0 1062 Equipment Repair/Maint. 0 1 0 0 1 1063 Vehicle Repair Maint. 10 5 0 0 15 1081 Trash/Litter/ReC cable Removal 0 2 4 0 6 1082 Vandalism Repairs 0 0 0 0 0 1083 Graffiti Removal 44 22 4 0 70 1084 Maint. Yard Building Maint. 35 4 6 0 45 1085 Seminars/Training 6 0 2 8 16 1086 Special Events 28 12 14 0 54 1087 Citizen Complaints/Requests 112 46 4 0 162 1088 Meeting 5 16 12 33 66 1089 Office (Phone, pa er work, reports, Misc.) 12 36 5 50 10338 SUBTOTAL 6 483 368 144 1633 1091 1 Over Time 17 24.5 34 0 75.5 1094 Jury D ( 0 0 0 0 0 1095 Sick Leave 50 21 0 0 71 1096 Vacation 48 56 0 40 144 1097 t Holiday 64 64 32 16 176 1098 Workman Comp. 0 176 0 0 176 1099 AWOP 0 0 0 0 SUBTOTAL 179 341.5 66 56 642.5 TOTAL HOURS 817 824.5 434 200 1 2275.5 TOTAL MILES 3316 2483 1239 358 7396 366 DEPARTMENT REPORT: i CITY OF LA Q UINTA POLICE DEPARTMENT MONTHL Y REPOR T December 2004 3b1 City of La Quinta La Quinta Police Depanfinent Captain Walter Meyer, Commanding December, 2004 Highlights (Numbers in parenthesis denotes number of ells for service that day) Wednesday,12-01-04 (65): 2350 hrs. — Dep. 1. White arrested Daniel Acosta for a felony warrant, driving under the influence of alcohol, on the 53000 block of Ave. Martinez. Thursday.12-02-04 (82): 1800 hrs. - Members of the Palm Desert Burglary Suppression Unit and the La Quinta Special Enforcement Team executed a search warrant at a residence in La Quinta. The search warrant was a result of an ongoing investigation into a recent burglary at the Four Paws and a Tail pet store in Palm Desert. During the commission of the burglary several puppies were taken. During the execution of the search warrant and subsequent follow up investigation, officers recovered one of the stolen. puppies and several firearms. Two of the firearms had been altered in a manner rendering them illegal. Another firearm was determined to be stolen. Officers arrested 23-year-old Joseph Tomassi of La Quinta. Tomassi is currently in custody at the Indio Jail charged with possession of stolen property, altering and/or removing a serial number, burglary and weapons violation. The investigation is continuing. Deputies from the Indio Station conducted the second day of the "La Quinta Patrol Saturation / Theft Prevention Program". Three arrests were made. Christy Bloss, of La Quinta was arrested for a felony embezzlement warrant. Janea Duchene of La Quinta was arrested for a misdemeanor battery on a spouse warrant. Paula Thompson of La Quinta was arrested for a felony embezzlement warrant. Friday.12-03-04 (66): No significant activity to report. Satarday.12-04-04 (5 0040 hrs. - Dep. I. White arrested Charles Juarez, 28, Desiree Solorio, 20, and Linda Swigart, 20, for contributing to the delinquency of a minor on the 52000 block of Avenida Rubio. They were hosting a party were juveniles were drinking. 1243 hrs. -Dep. Reynolds responded to a report of a burglary in progress on the 50000 block of Washington. A citizen pointed out a white truck and an apartment where some males had entered in a suspicious manner. The truck had been previously reported stolen during a burglary in La Quinta. Located inside the apartment was James Houglan, age 22, who admitted to driving the vehicle and knowing it was stolen. He was wrested and booked into jail for possession of stolen property. 1250 hrs. -Dep. Hendry responded to the 52000 block of Avenida Alvarado regarding a report of a domestic disturbance. A male, Erik Gaytan, was found to have a TRO violation and two traffic warrants against him and was booked into the jail for the same. 1400 hrs. — Dep. Burns responded to a domestic disturbance on the 50000 block of Calle Mendoza. At the residence a male, Armando Meza age 38, was found to have a TRO against him. He was arrested and booked into jail for willfid violation of a court order. 368 Sunday,12-05-04 (57)• - No significant activity to report. Monday. 12406-04 (49): 0709 hrs. - Inv. Brewster from the Central Homicide Unit (C.H.U.) reported his unmarked unit had been involved in a traffic collision at Avenida Bermudas and Avenue 52, La Quinta. After the collision occurred, the other involved person, Victor Carrillo (19) fled from the scene. Inv. Brewster followed the suspect and directed units to the suspect's location. The suspect was stopped and arrested for hit and run. Deputy Adams handled the t/c investigation. Sgt. Taylor from the C.H.U. responded to the scene. Tuesday,12-07-04 M: No significant activity to report. Weduesdav, 12-08=04„ 2317 hrs. — Dep. Button arrested Richard Reed of Indio for possession of a designated controlled substance and possession of drug paraphernalia, following a traffic stop at Fred Waring and Jefferson. The suspect possessed rock cocaine (A gram) and a glass pipe. 0315 hrs. — Dep. Button arrested Miguel Jimenez of Indio for possession of a controlled substance following a traffic stop at Jefferson and Miles. The suspect had .3 gram of meth. 1500 hrs. — Dep. Gaunt stopped Luis Rosado (27 years) of Cathedral City for reckless driving behind the old Wal-Mart on Hwy. 111. Rosado was found to be driving while under the influence, and was arrested for driving under the influence. BAC of . I I /.10 %. Thursdav,12-09;,04 (76): 0055 hrs. - Dep. Moore arrested Johnny Alvarez, for public intoxication on the 51000 block of Eisenhower. Moore was booked at Indio Jail. Friday.12-10-04 (52): 1600 hrs. — Dep. Alvarado received information about a stolen vehicle parked on the 78000 block of Sanita, La Quinta. He was observing the vehicle when the suspect tried to get into the trunk. When Dep. Alvarado attempted to stop the suspect he, the suspect, fled to the Vista Dunes NW. Dep. Alvarado gave chase and determined the suspect entered a trailer. Additional units responded to assist and set a perimeter, several ells were placed into the trailer but a female inside the trailer was delaying the investigation. The owner was located and consent to search was obtained. Crystal Monique Calderon, 19 of Indio, was taken into custody at the, door. The male suspect refused to come out, at first, but with the assistance of CK92, Rona, the suspect surrendered. Marcos Angel Ochoa, 24 of La Quinta, was booked for vehicle theft and receiving stolen property. Calderon was booked for accessory and resisting arrest. ID responded and processed the vehicle. Also located in the vehicle was mail and a computer. 2030 hrs. - Dep. VanderhooF Dep. Brooker arrested Diego Zavala from La Quinta for driving under the influence of alcohol after responding to a reported traffic collision in the City of La Quinta. Zavala struck a vehicle in the area of Jefferson & Avenue 52 and fled the scene. After fleeing the first scene, Zavala struck another vehicle in the area of Washington & Avenue 52. Zavala fled the second scene and was eventually arrested in front of his residence. 369 Saturday 12-11-04 (67): 0724 hrs. -Deputies responded to a domestic violence call on the 51000 block of Avenida Velasco. Kristina Gayler, 23, told deputies her boyfriend, the father of her one month old child, had tried to strangle her. She said he also said he was going to kill her and take the baby. Gayler said her boyfriend's name was Adrian Gonzalez Ochoa, 31. When deputies arrived, Ochoa took off running and jumping through backyards, and down the streets. Deputies knew Ochoa and anticipated that he would run and fight. At about 0830 hrs., a resident on Avenida Obregon called and said a man was hiding in the bushes in front of her house. Deputy Alfaro was first to arrive. Ochoa tried to escape but Deputy Alfaro grabbed Ochoa to detain him. Ochoa hit Deputy Alfaro in the face, causing a laceration to the bridge of his nose. Deputy Alfaro also sustained a bruised right hand. Deputy Alfaro was able to control Ochoa until backup arrived. Ochoa was arrested and booked for terrorist threats, resisting arrest, willful harm or injury to a child, assault with a deadly weapon and a possession of a controlled substance warrant. Sunday, 12-1? 04 (52): 0016 hrs. — Deputies Knight/Donivan arrested Jonathon Brown (26) on the 78000 block of Bradford for being under the influence of a controlled substance and possession of burglary tools. 0043 hrs. — Dep. Pierce arrested Doreen Kidd (39) for PC willful harm or injury to a child at Wa1Mart after witnesses saw Kidd holding her 5 year -old son with one hand while striking him on the head and back. The child had visible injuries. Kidd was booked at Indio jail and the son released to a relative. Monday,12-13-04 (57): No significant activity to report. Tuesday,12-14-04 (69): No significant activity to report. Wednesday,12-15-04 (57): No significant activity to report. ThwWay,12-16-04 (83): No significant activity to report. Friday,12-17-04 (83) 1320 hrs. - Dep. Alexander responded to Home Depot regarding a shoplifter in custody. Ricardo Romero Modragon had been observed in the tool area of the store and he was seen ripping open a torch package and taking only the brass torch tip out of the packet and concealing it in his left front pocket. He was stopped by loss prevention outside the store. Dep. Alexander took custody of Modragon and issued him as citation as he had no past theft convictions. 1749 hrs. — Dep. Coleman responded to the 49000 block of Balada Ct. in reference to a violation of a restraining order call. Upon arrival, he met with William Leddy (34 yrs old). William said his wife, Tabatha Leddy, was in violation of domestic restraining order. After reviewing the restraining order, Tabatha Leddy was found in willful violation of a court order. Tabatha Leddy was arrested and booked into the Indio Jail. 1752 hrs. — Dep. Russo responded to Ave Vallejo and Calle Sinaloa to investigate a traffic accident. Upon arrival, he found a silver 2000 Honda CRV and a gold 2000 Honda Accord involved in the accident. The 370 CRV was traveling SB on Ave Vallejo and failed to yield to the Accord that was traveling EB on Calle Sinaloa. The Accord collided into the CRV causing it to roll onto the driver's side. No injuries were sustained. 1022 hrs. — Dep. Coleman responded to the area of Fred Waring and Washington St. in reference to an indecent exposure call. Two female juveniles said they were walking in the area when a male subject, driving a black Lincoln Aviator SUV, drove up to than and asked than if they wanted a ride. After they refused to go with the subject he exposed he penis and then drove away. The driver of the vehicle was described as a Hispanic male about twenty years old, with short dark hair, very tan skin and a goatee. Saturday, 12-18-,04_ (56): No significant activity to report. Sunday,12-19-04 (53): 0949 hrs. — Dep. Alexander arrested Clayton Marshall Freeman (27) for willful violation of a court order on the 78600 block of Naples Dr., in La Quints. Freeman was found at his mother's residence in violation of a court order. Monday,12-20-04 No significant activity to report. Tqg&v,12-2144 (61): No significant activity to report. Wednesday,12-22-04 (63): 0122 hrs. - Deputies Knight/Donivan arrested Levi Matthew Martinez for possession of an open container and possession of drug paraphernalia on a traffic stop at Washington and Sagebrush. 0232 hrs. - Deputies Knight/Donivan arrested Qsbeldo Reyes for possession of marijuana following a pedestrian check at La Quinta Post Office south. 0820 hrs. - Deputies Burns/Butvidas, arrested Jesus Martinez for shoplifting and possession of drug paraphernalia at Home Depot, in La Quinta. Martinez stole approx. $14.00 of merchandise. He was booked since he did not have any I.D. 1030 hrs. - Deputies Burns/Butvidas, arrested Jose Pinela for criminal contempt, on the 58000 block of Monroe Street. Pinela went to a residence in violation of a court order. 1340 hrs. - Deputies Burns/Butvidas, arrested Carlos Gonzales for possession of a controlled substance at Eisenhower and Avenida Martinez, in La Quinta, during a pedestrian check. Thursday,12-23-04 (50): 1657 hrs. — Dep. Leary arrested Jose Pinela for willful violation of a court order. Pinela was at the Jack Duke Ranch in violation of a court order. Friday,12-24-04 (66): No significant activity to report. 371 Saturday,12-25-04 (491: 0950 hrs. — Dep. Hernandez arrested Manuel Cardenas for public intoxication and battery, on the 51000 block of Eisenhower, after a call for service. He was booked at the Indio jail after receiving an "OK to book". Sundav,12-26-04 (53): 0030 hrs. — Dep. Pierce arrested Samuel Lavastida (37) for public intoxication, on the 51000 block of Ave Ramirez after responding to a disturbing the peace, domestic. 1400 hrs. -Dep. Adams was on duty in the area of 52 X Ave. Bermudas when he spotted a suspect from a previous hit and run. Dep. Adams knew the suspect had a felony warrant. The suspect, Baldemar Guevara, 23, knowing he had a felony wan -ant for possession of a controlled substance attempted to elude Dep. Adams by making abrupt turns while driving. Dep. Adams finally was able to maneuver into a position to make a vehicle stop and took the suspect into custody. Guevara was booked into jail. 1309 hrs. -Dep. Reynolds responded to Horne Depot regarding a shoplifter in custody. At the store Dep. Reynolds contacted Andres Castro of Indio, 20. While conducting his investigation, Dep. Reynolds after advising Castro of his Miranda Rights was able to obtain information from Castro that he entered the store with no money, and intended to steal tools in hopes of selling them on the street. Castro was arrested and booked into jail for burglary. 1830 hrs Dep. Dusek responded to the Bear Creek Trailhead, located at the top of the La Quinta Cove, in referetice to a report of four lost hikers. Upon arrival, information was obtained from a family member that four hikers, Kenneth Forster (60 yrs), Robert Forster (64 yrs), Jane Forster (64 yrs) and Pam Ewing (60 yrs) started a hike at 9:00 A.M. from a trail near Sugar Loaf Caf4 off Hwy 74. They then hilted down from that point towards the Bear Creek Trailhead. At 5:35 P.M. Robert Forster phoned a family member, using his cell phone, stating they had left the trail and were lost. He also stated that Kenneth Forster had left the group and was on his own trying to find a way out. According to Robert they were not injured but were having a difficult time finding their way to the trailhead. At about 7:30 P.M., Kenneth Forster walked out to the Bear Creek Trailhead and met with the La Quinta Police who had set up a temporary command post. Kenneth was found a little exhausted from the hike but not injured. At about 10:00 P.M., the Riverside County Sher ilrs Desert Search and Rescue team responded to the trailhead and hiked to the stranded hikers. Based on the information received from the hikers, they had warm clothing, food/water and were in good health and just waiting for the search and rescue team to meet with them. Capt. Kilday was notified of the incident, Monday,12-27-04 (54): 0131 hrs. - Deputies Knight/DQnivan conducted iducted a traffic stop at Adams and Miles. During the stop, deputies observed a lot of property inside the vehicle. The property led their to the 45000 block of Sunbrook where they found the rear slider smashed and an unreported residential burglary. (4) Male juveniles were arrested for receiving stolen property and burglary and were booked at Indio Juvenile Hall. 0830 hrs -The remaining 3 lost hikers in La Quinta Cove, were airlifted out from the mountains by CHP helicopter. None of the hikers were injured They kept warm by campfire and other than being a little tired, were in good spirits. Tuesday,12 28-04 (81): 0045 hrs. - Deputy Adams arrested Martha Ruiz of Palm Desert, for driving under the influence of alcohol at Hwy. l l l and Miles. Ruiz had a BAC of .10%, and was booked into Indio jail. 372 At 2042 hrs. — Dep. Gaunt arrested Martin Erch, 59 years old of Santa Monica, for driving under the influence of alcohol during a vehicle stop at Ave. 52 and Desert Club Dr. Erch had a BAC of .12% and was booked into Indio jail. Wednesday,12-29-04 (80: 0903 hrs. - Deputies BurnsButvidas arrested Michael Hughes for possession of a controlled substance, possession of drug paraphernalia and for prowling, at Fred Waring east of Washington. He was seen by the La Quinta set team prowling around the La Quinta Highlands. He was booked at Indio Jail. 1203 hrs. - Deputies BurnsButvidas arrested Carl Harris behind the Stater Brothers shopping center for receiving stolen property. Harris was in possession of a Dewalt builders level that was taken from Lowes. Harris was booked at Indio Jail. Thursday,. lk" (84i: 0044 hrs. - Deputy Fierce arrested Felicia Hinojosa for an embezzlement warrant at Dune Palms trailer Park. Hmojosa was booked at Indio Jail. FridaL 12-31-04 (87): No significant activity to report. Total calls for service: 1991 373 City of La Quinta Community Oriented Policing Office and Volunteers Report December, 2004 Year End Highlights: • The volunteer program averaged fourteen volunteers throughout the year who are assisting in many capacities in the La Quinta CPO. • Several volunteers enter all La Quinta traffic and parking citations, and one enters the traffic collisions into the system from the COPS Office. Two volunteers are assisting with weapons identification on a computer at the CPO. One volunteer is assisting with Statistics. A volunteer is assisting in Logistics and one in Property in addition to their staffing duties. • Four volunteers completed a 13 week course with the Palm Springs Police Department in their Citizen's Police Academy. This is in preparation for a patrol program which we hope to begin in 2005. • The City of La Quinta held a Volunteer Recognition Dinner. • The La Quinta Police Toy Drive was a huge success tripling last years efforts and some 250 children received 3 toys each. In addition each family received a food box collected by the Indio office. • Ongoing training programs will be reinstated in 2005. Volunteer Hours and Monthly CPO Stats Monthly YTD Totals (4103 to Present) Hours 232 3107.5 4776.5 Visits 147 1667 2949 CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT December 2004 School: La Quinta High School Deputy: Robert Brooker 6- Criminal Reports 4- Non Criminal Incidents 3- Arrests 2- DA Filings 8- YAT Referrals 0- Traffic Stop 0- Vehicle Checks 0- Pedestrian Checks School Session: December 1st through December 31", 2004 Highlights: ➢ This period of time included the two -week winter break for Christmas &z New Year's. ➢ During the first two weeks of this month I assisted the school staff with school related problems, and parents who are having problems with their high school age children at home. In most of those cases I referred the parents and students to the Student Assistance Program at the District Office, or conflict mediation at the school site. ➢ I handled several cases of lost property and theft from the boys &r girls locker rooms while the students are on the PE field, unfounded child abuse, possession of marijuana, and follow-up on a battery that took place off school grounds. ➢ I handled a couple cases of outsiders on campus, who did not check in at the front desk, and I referred several students to YAT for truancy. Both of these situations are continuous problems here at La Quinta High School. Both of these situations can be eliminated, or limited to the persistent, by closing the campus. All campuses in the Desert Sands Unified School District are closed campuses, but every gate at La Quinta High School is standing wide open and not locked. Despite my recommendations, and suggestions on how the campus can be closed during school hours, which is backed by the CDF Fire Inspector, nothing has been done to secure this campus. Closing the campus would limit visitor/outsider access to the campus to the administrative building. There the principal's designee, as directed by the California Penal Code, can check in the visitor/outsider. Plus, the closed/locked gates would limit the number of truants, to the persistent. In the interest of making La Quinta High School a safer school, I hope something will be done to secure this campus in the near future. 375 LA QUINTA POLICE MOTORCYCLE ACTIVITY REPORT PROGRAM STATISTICS DECEMBER 2004 s. rr .1: I ire: _. peed Violations ail to Yield urning Violations :albs for service & B/U' ;ed light / Stop sign .hild Seat Violations 63 Lane Change Violation Seat Belt Violations DUI Arrests Misd. Arrest Felony arrest Warnings 8 7 36 13 5 HIGHLIGHTS Prepared By: Deputy Dave Adams 0 Tows Injury T/C Non -Injury T/C Suspended DL Non -Moving H&S 21 16 5 10 21 6 16 5 45 51 0 ��6 RIVERSIDE COUNTY SHERIFF'S DEPARTMENT INDIO STATION 82695 Dr, Carreon Blvd. Indio, California 92201 December 2004 Explorer Post 503 Program Report Submitted by Explorer Post Advisor Andy Gerrard December was a busy month for Explorer Post 503 Explorers. There were 3 training meetings, 1 range & BBQ day, 1 pizza party and 5 volunteer event days. Training meetings were held on December 1, 8 and 22. The meetings covered patrol tactics, 10 and 11 Codes training, D.U.I. investigations, marching training, traffic and felony stops and physical training. Deputy Alvarado and I coordinated the patrol tactics, traffic stops, and felony stops training. Explorer Post 503 Captain Barragan led the marching practice. I did the D.U.I. investigations, supervised the physical training and gave the 10 and 11 Codes quiz. The Explorers quickly consumed all the pizza during the December 1 pizza party. Sergeant Sullivan and Deputy Juan Zamora coordinated the December 18 shooting range instruction and practice at Lake Cahuilla. After the safe gun handling and shooting practice session, "Chef" Captain .Barragan did a great job cooking the steak and chicken for Post 503 personnel! Special thanks to Sergeant Sullivan and Deputy Juan Zamora for volunteering time to supervise and instruct the Explorers at the range! Several Explorer Post 503 members volunteered and assisted with the following events: 1. Crowd and traffic control at the December 10-12 Indian Pow -Wow event in Coachella and 2. Riverside County Sheriffs Department Indio Station Christmas gifts and food to needy persons program prep work and distribution on December 22 and 23. During 2004, Post 503 Explorers successfully completed 2,361 volunteer community service hours! Great job to Post 503 Explorers for exceptional community service during the past 12 months! 377 CITY of ' QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORI DECEMBER 2004 SCHOOL: LA QUINTA MIDDLE SCHOOL Deputy: Robert Burbach COPS Grant Funded Position School Session: HIGHLIGHTS Non student escorted off of campus and advised of trespassing. Two students charged with shoplifting from the book fair. Referred to YAT. Report taken regarding shoplifting from the book fair. Report regarding possible threats. Threatening phone call report regarding calls received at student's house. Disturbing the peace report that occurred at student's house. 378 CITY of LA QUINTA � ,. .. .. Al DECEMBER 2004 C.S.O.: Monica Santillanes C.S.O.: Thomas Fowler Type of Activity Number of Incidents Burglary Investigations 20 Grand Theft Reports 16 PettyTheft Reports 15 Vandalism/Malicious Mischief Reports 11 Vehicle Theft or Recovery Reports 1 Traffic Collision Response 24 Vehicle Code or Parking Citations 6 Abandoned Vehicles Tagged w/ Warning 7 Towed Vehicles 1 Lost or Found Property Reports 8 Area Checks /LQ Skate Park/Laborers 24 Follow Up to Previous Cases 1 Custodial and Non -Custodial Transports 4 Miscellaneous Calls 11 '79 La Quinta Police Department Special Enforcement Team Monthly Report December., 2004 (IMp. Colmum Dep. ors, DW Wedwt4 Dep. Bolton) The following is a summary of the Special Enforcement Team activities for the month of June. Qngoing Investigations 3 Probation Searches 3 Parole Searches 0 Arrests] Filings 6 Vehicle checks 32 Business Contacts 11 Investigation assists 7 Arrest Warrants Served 3 Arrest Warrants Attempted 6 Programs 2 Pedestrian Checks 13 Crime Prevention Hours 100 Bar Checks 6 Back-ups 10 Follow-ups 21 Search Warrants 1 Meetings 3 Recovered Stolen Property 3 Citations issued 9 Surveillance's 1 Property Checks 16 Civil Commitments 0 Bicycle Time 0 Training Hours 0 Illegal Drugs Seized 6gms Total Mileage:1226 miles NpV_wgrtlhv Accomplishments: ♦ Arrested Paula Thompson of La Quints for an outstanding felony warrant for embezzlement. ♦ Arrested Marcos Padilla out of Coachella, and Jose Ramos of Thermal for commercial burglary, property recovered and returned to store. ♦ SET team conducted a search warrant in north Indio. Suspect Joe Medina was arrested for possession of narcotics for sales, possession of stolen property and several weapons violations. ♦ Arrested Daniel Duval for grand theft auto during joint operation with the Indian Wells burglary suppression unit. Also arrested was a parolee out of 909, Eddie Foulger for possession of H&S, felon in possession of a handgun and parole violations. BSU handled case with Foulger. ♦ Arrested Leopoldo Sriseno for possession of stolen property. ♦ During follow-up investigation was able to locate and return stolen property from an earlier Indian Wells burglary, investigation ongoing. 390 DEPARTMENT REPORT: CITY OF LA Q UINTA C"ME STATISTICS SUMAL4 RY December 2004 381 3 n o �r •. •a ODdW W.AWN� �000C��Dt11Ct/)Q�Q xmmlmNw- y �a`p mnM mQzrCQ-�CZ Z m- ��Zco 2-4co cc- m rn o Z C � Z O � � W00��►d1-��wP►N�p N� g3ii i1 1 O X �OODNW�pmWO-iN'`p Ql�ii w to � ID C 4A•pN�D�thNaI''0000 m• cry cool °DCppo IVp�70WONOD -Zi Oio NO,Op 00 Q' tD co K) N (D00��0)-ti N CA t7v CA) jN�Cy�wr%).A N-40 N w •-� N .i+► W W N O GW O CA W !! N000--4 �W�►�Op�cco0 382 Z rn �rn O z > �o z z O > = 1 n y � 1V OO Sn .i 10 s e�. � I_ Or 0 In rn av o z i O 383 CITY OF LA QUINTA Created by I. Kline/CAU Page 3 of 6 12/20/2004 384 p4 CITY OF LA QiTIINTA Month to Month Traffic Activity Comparison ■ Nov-04 0 Nov-03 DUI T/C NON -INJURY T/C INJURY T/C FATAL Year to Date Traffic Comparison 4000 3327 3514� 3500 3000 2500 ■ YTD 2004 MW ClYTD 2003 15W Du 1000 500 f 4 325 yy 88 87 s, } r TRAFFIC DUI T/C NON —INJURY T/C INJURY T/C FATAL CITATIONS Creates by 1. Kline/CAU Page 4 of 6 12/20/2004 3 CITY OF LA QUINTA Year to Date Calls for Service Comparison 25000 I 20022 20000 1741fi i 15000 ` x ' ■ YTD 2004 OYTD 2003 10000 5000 x s� 55. 2 r , 0 Total Non -Criminal Criminal created by 1. Kline/Cau Page 5 of 6 12/20/04 3�� ciry of w QuiNrn DISPATCH INFORMATION - NOVEMBER 2004'"` TYPE OF ZALL RESPONSE TIME MINUTES NUMBER OF INCIDENTS EMERGENCY 0 0 ROUTINE 9.59 1248 — Dda from Riverside Co. SherifNs Deparbnnerd Dada Warehouse, Aae W Response TWM Report. Created by 1. Kim 0CAU Page 6 of g 1Z20J20 4 PRESENTATION: i La Quinta High School - January 18, 2005 Edgar Aldana Andrew Arrieta Jobey Arriola Krystal Avedisian Patrick Beal Emily Brown Skylar Brown Elena Bustamante Becca Cabrera Trevor Carlton Alex Carter Tara Castillo Stephanie Castro John Chea Allison bunham Katherine Dunn Christina Fenn Mallone Flores Mindy Geyer Alex Graham Chelsea Hegge Erin Ho Minnie Huang Julie Huston Elizabeth Lau Gamaliel Magallanes Jeremy Marler Celia McCollou h Britton Mur h Agnes Ni ales Francisco Nunez Abraham Park Aubrey Perkins Gus Ramirez Courtne Raymond George --Rodriquez La Quinta High School - January 18, 2005 AnthonySanf i I ippo Chelsea Stites Ben Taborsk Ser io Valenzuela Robert Velas uez banae York Casey Za arinuk S8� oti �o 001 ti OF COUNCIL/RDA MEETING DATE: January 18, 2005 ITEM TITLE: Continued Public Hearing to Adopt a Resolution of the City Council Approving Tentative Tract Map 32751, for the Subdivision of ±9.25 Acres into 29 Single -Family Lots and Miscellaneous Lots, for the Property Located at the Southwest Corner of Jefferson Street and Pomelo. Applicant: Grove Partners LQ, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: / Adopt a Resolution of the City Council approving Tentative Tract Map 32751, subject to Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: This project was continued from the January 4, 2005 City Council meeting to allow the applicant time to resolve issues that were discussed at the December 14, 2004 Planning Commission meeting. These issues are further discussed below. The project site is located at the southwest corner of Jefferson Street and Pomelo within The Citrus project that was approved as Specific Plan 85-006 in 1985 (Attachment 1). The project site is approximately 9.25 acres in size and generally consists of vacant land. The applicant is proposing to subdivide the 9.25-acre site into 29 single-family residential lots and miscellaneous lots primarily for storm water retention, 390 landscaping and a private street (Attachment 2). The Citrus Specific Plan was approved for a total of 557 units. To date, subdivision map approvals have created 514 residences. Therefore, this increase of 29 lots would bring the total to 543, fourteen units short of the total number of units. This could be the last tract within The Citrus. The existing General Plan designation is Low Density Residential (LDR) which allows up to four dwelling units per acre. Based on ± 9.25 acres, the maximum number of lots allowed would be 37. With 29 lots proposed, the project density is 3.13 dwelling units per acre which is within the density allowed under the Low - Density Residential Land Use designation of up to four dwelling units per acre. The existing Zoning designation is Low Density Residential (RL) which requires a minimum lot size of 7,200 square feet. The applicant proposes lots ranging in size from 8,040 to 10,235 square feet. Access The project site will have access via an existing private roadway (Mandarins) within The Citrus. The new roadway will be a 36-foot wide street with a cul-de-sac that allows parking on one side only. The cul-de-sac provides sufficient space for turning movements. The applicant also proposes an emergency exit between Lots 10 and 11. The emergency exit must meet Fire Department standards with a minimum unobstructed clearance of twenty feet in width and a vertical clearance of 13 feet-6 inches with an automatic gate equipped with a rapid entry system. The current configuration does not meet this standard and the applicant has been conditioned to meet this minimum requirement (Condition #78). While the emergency exit will have to be widened, lots 10 and 11 will still meet the minimum lot size requirements. Storm Water Retention On -site storm water capacity is provided via two retention basins located at the southern portion of the site. One is 0.50 acres and the other is 0.75 acres in size. Additional capacity will be provided via the existing storm drain system within The Citrus which currently bisects the property within the northern portion of the site. Landscaping The existing landscaping along the west side of Jefferson Street and the south side of Pomelo will remain. No additional landscaping is proposed at this time. When the residential units and landscape plans for the lots are submitted for review, they will be reviewed for consistency with the development standards and landscape plans of the existing Specific Plan (SP 85-006). 391 Planning Commission Action At the December 14, 2004 meeting (Attachment 3), the Planning Commission voted 5-0, to recommend approval of Tentative Tract Map 32751 to the City Council by adopting Resolution 2004-102, subject to Findings, Conditions of Approval and the following changes: 1. Change Condition #17 by replacing the words "on the recorded Final Map" with "prior to the release of bonds." The new condition would read as follows: "The applicant shall convey the Open Space Lot south of Pomelo Drive to the Citrus HOA prior to the release of bonds." Staff is in concurrence with the requested change. 2. Add Condition #83 A. to read: "Remove the emergency access along Jefferson Street as being an unnecessary intrusion of the traffic flow along Jefferson Street. If an emergency access is required, it should be developed on Pomelo at the end of the new cul-de-sac street and connected to the adjacent private street." The Fire Department requires a secondary emergency exit/gate for any development that has a street with a length of 1,320 feet or longer. The applicant has provided the secondary emergency exit/gate along the eastern property line as shown on the Tentative Tract Map. The Fire Department requires a minimum unobstructed clearance of twenty feet in width and an automatic gate equipped with a rapid entry system (KNOX). The Planning Commission expressed a concern that the location of the emergency exit/gate would be an unnecessary intrusion of the traffic flow along Jefferson Street and originally requested to have it omitted. After discussing staffs concerns on omitting Fire Department conditions, the Planning Commission suggested relocating the exit off of Pomelo along the northern property line across the landscape entry portion of the Citrus development and added it as a condition of approval (Condition 83A.). Because the current property owner (HOA) is opposed to having the emergency exit/gate cut across the landscape entry of the Citrus project, staff wishes to make provisions for emergency access in the event that it is not possible for the developer to obtain the needed access from the HOA. Therefore, Staff suggests Condition #83 B., read as follows: "The applicant shall make a good faith effort in negotiating the relocation of the emergency exit off of Pomelo, along the northern property line across the landscape entry portion of the Citrus development. In the event the developer is unable to negotiate the relocation of the emergency exit off of Pomelo, the Community Development Director, at his sole discretion, may approve access to the adjoining public street (Jefferson Street) per the original condition (Condition #78)." S:\CityMgr\STAFF REPORTS ONLY\PH 2 TTM 32751.doc The documentation of property rights necessary for the access rights shall be recorded prior to, or simultaneously with the final map, and shall be in a form which is approved by the Public Works Director and City Attorney, or require the applicant to provide all necessary funding to provide for the acquisition by the City of all property rights needed for the access route, including all land costs, acquisition expenses, expert fees, and attorneys' fees. In the event that City acquisition is deemed necessary, the acquisition costs, as estimated by the City in its sole discretion, shall be deposited by the developer prior to the recordation of the final map, and a bond shall be provided in an amount and form to be approved by the Director of Public Works and the City Attorney for any additional costs that may be incurred by the City if it chooses to pursue the acquisition. Jefferson Tunnel Issues The property in question has an underground tunnel on Jefferson Street that connects to this property at proposed Lot C (open space/retention basin lot). This tunnel originally was constructed to serve as access between the Citrus Golf Course and the future Grove Golf Course on both sides of Jefferson Street as part of the Oak Tree West Specific Plan. An Indemnification Agreement (Attachment 4) for the tunnel was recorded with Riverside County on December 4, 1990 between the former land owner (Landmark) and the City. When the east side of Jefferson Street was sold to Toll Brothers to develop Mountain View Country Club, the need for the tunnel connection ceased to exist and the tunnel was sealed off on the east side. The applicant is proposing to subdivide the property and staff has included a condition to have the tunnel sealed, abandoned and the applicant to be liable for a period of time for the repair of any damage to Jefferson Street caused by any collapse or deterioration of the tunnel. The method of abandonment is subject to the approval of the City Engineer, but at a minimum it requires the developer to fill the tunnel with slurry. As to the ongoing liability, the condition as approved by the Planning Commission included a requirement that the applicant enter into a license agreement with the City of La Quinta to provide for repair of any damages to Jefferson Street caused by the tunnel, and to defend and indemnify the City in the event of any claims arising out of damage. that the tunnel may cause to Jefferson Street. The Planning Commission asked that the City staff look further into the issue prior to the City Council action on this item. The staff has discussed the item with the developer, and the developer has continued to object to the requirement of such a license agreement in perpetuity. Staff recommends that the City not waive any rights under the existing Indemnification Agreement, and that the obligation be in addition to those rights. Staff recommends that the last paragraph of Condition 8.A.1., be amended to read as follows: S:\CityMgr\STAFF REPORTS ONLY\PH 2 TTM 32751.doc n 1 "The applicant shall be responsible for any repair (or at the City's option, pay for the repair of) to any damage to Jefferson Street that may be caused by failure of the tunnel throughout the construction period and for a minimum period of five years from the date of the City's written certification that the tunnel abandonment and all adjoining soil reconstruction has been completed in a manner satisfactory to the Public Works Director. The certification shall be in writing, and shall be signed by the Public Works Director. Also within that five-year time period, the applicant shall defend, indemnify and hold the City of La Quinta and its officers, employees, and agents ("City Indemnitees") free and harmless from any and all of claims, causes of action, obligations, losses, liabilities, judgments, damages, including reasonable attorneys fees and costs of litigation (collectively "Claims") arising out of an.d/or in any way relating to its acts or omissions associated with the abandonment of the Jefferson Street Tunnel, or any condition of the Jefferson Street Right -of -Way relating to the Tunnel. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such claims which arise prior to the five year anniversary of the issuance of the certificate referenced above, the developer shall provide a defense to the City Indemnitees, or at the City's option, reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claim. In addition the developer shall be obligated to promptly pay any final judgment or portion thereof rendered against the City Indemnitees. Developer shall execute an indemnity agreement containing the terms and conditions set forth herein, in a form acceptable to the City Attorney, prior to the recordation of the final map. Nothing in these conditions shall in any way limit the City's right under the Indemnification Agreement for Improvement Beneath Public Right -of -Way, recorded December 4, 1990, as Instrument No. 439718 ("Recorded Right -of - Way"), nor shall the conditions in any way limit the obligations and liabilities of Landmark Land Company of California, or its heirs, successors, assigns, or subsequent owners of the property under and adjacent to the golf course tunnel. The City's rights to enforce these conditions of approval shall be in addition to all rights the City has under the Recorded Right -of -Way." Staff will discuss these amended conditions with the applicant and report to the City Council. Public Notice This project was advertised in the Desert Sun newspaper on December 26, 2004, and mailed to all property owners within 500 feet of the site. To date, no letters have been received from adjacent property owners. Any written comments received will be handed out at the meeting. 394 S:\CityMgr\STAFF REPORTS ONLY\PH 2 TTM 32751.doc FINDINGS AND ALTERNATIVES Findings necessary to approve the Tentative Tract Map can be made and are contained in the attached Resolution. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving Tentative Tract Map 32751, subject to Findings and Conditions of Approval; or 2. Do not adopt the Resolution approving the project; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas . Evans, Community Development Director Approved for submission by: /Thomas P. Genovese, City Manager Attachments: 1. Site Location Map 2. Tentative Tract Map 32751 3. December 14, 2004 Planning Commission meeting minutes 4. Indemnification Agreement s9� S:\CityMgr\STAFF REPORTS ONLY\PH 2 TTM 32751.doc RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF ±9.25 ACRES INTO 29 SINGLE-FAMILY LOTS AND MISCELLANEOUS LOTS CASE NO.: TENTATIVE TRACT MAP 32751 APPLICANT: GROVE PARTNERS LQ, LLC WHEREAS, the City Council of the City of La Quinta, California, did, on the 4" and 18t' day of January 2005, hold a duly noticed Public Hearing to consider a request by Grove Partners LQ, LLC, to subdivide ± 9.25 acres into 29 single-family lots and miscellaneous lots, generally located at the southwest corner of Jefferson Street and Pomelo, more particularly described as follows: APNs: 772-190-020 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 141h day of December 2004, hold a duly noticed Public Hearing to consider a request by Grove Partners LQ, LLC, to subdivide ± 9.25 acres into 29 single-family lots and miscellaneous lots and recommended approval of said Tract by adoption of Planning Commission Resolution 2004-102; and WHEREAS, said Tentative Tract Map 32751 has complied with the requirements and rules to implement the California Environmental Quality Act (CEQA) of 1970, as amended (Resolution 83-63), in that the project has been assessed in conjunction with Environmental Assessment 85-034 for Specific Plan 85-006 which was certified on October 15, 1985. No changed circumstances or conditions are proposed, or new information has been submitted which would trigger the preparation of a subsequent environmental review pursuant to Public Resources Code Section 21 166; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings to approve said Tentative Tract Map 32751: 1. The proposed tract map will be consistent with the City of La Quinta General Plan in that the property is designated Low Density Residential (LDR) which allows single-family residential uses. PAReports - CC\01 -1 8-05\TTM 32751 Grove Partners\TTM 32751 CC Reso Grove Prtnrs.doc 396 City Council Resolution No. 2005- Tentative Tract Map 32751 Grove Partners LQ, LLC January 18, 2005 2. The design or improvement of the proposed subdivision will be consistent with the City of La Quinta General Plan in that all streets and improvements in the proposed project will conform to City standards contained in the General Plan and Subdivision Ordinance. Access for the land uses on the site will be provided from an existing street in the immediate area. The density and design for the tract will comply with the Land Use Element of the General Plan. 3. The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage, or substantially injure fish or wildlife, or their habitat in that the project has been assessed in conjunction with Environmental Assessment 85-034 for Specific Plan 85-006 which was certified on October 15, 1985. No changed circumstances or conditions are proposed, or new information has been submitted which would trigger the preparation of a subsequent environmental review pursuant to Public Resources Code Section 21166. 4. The design of the subdivision and type of improvements are not likely to cause serious public health problems in that the applicant will be conditioned to meet all applicable requirements of the City of La Quinta to provide a safe environment for the public. 5. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision in that there is an existing street that will provide direct access to the site. All required public easements will provide access to the site or support necessary infrastructure improvements for the proposed project. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council for this Tentative Tract Map; 2. That it does hereby approve Tentative Tract Map 32751, subject to the attached Conditions of Approval. P:\Reports - CC\01 -1 8-05\TTM 32751 Grove Partners\TTM 32751 CC Reso Grove Prtnrs.doc i7 City Council Resolution 2004- Tentative Tract Map 32751 Grove Partners LQ, LLC January 18, 2005 PASSED, APPROVED and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this 18t" day of January 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California .J 8 9 PAReports - CC\01 -1 8-05\TTM 32751 Grove Partners\TTM 32751 CC Reso Grove Prtnrs.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32751 — GROVE PARTNER LQ, LLC JANUARY 18, 2005 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control' Board (CWQCB) • SunLine Transit Agency • SCAQMD Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. P:\Reports - CC\01 -1 8-05\TTM 32751 Grove Partners\TTM 32751 CC COA.doc .� 9 9 10 CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32751 - GROVE PARTNER LQ, LLC JANUARY 18, 2005 A project -specific NPDES construction permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to the issuance of a grading or site construction permit by the City. 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) . Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. 400 li PAReports - CC\01 -1 8-05\TTM 32751 Grove Partners\TTM 32751 CC COA.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32751 - GROVE PARTNER La, LLC JANUARY 18, 2005 E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at. the time of issuance of building permit(s). PROPERTY RIGHTS 6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 7. The applicant shall offer for dedication on the Final Map all public street right-of- ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 8. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Jefferson Street (Major Arterial, 120' ROW) — No additional right of way dedication is required. The following is conditioned for the existing Golf Tunnel beneath Jefferson Street: The applicant shall abandon the existing golf tunnel constructed under Jefferson Street. The method of abandonment shall be approved by the City Engineer. As a minimum, the existing tunnel shall be filled with slurry to the point it has been blocked off by the Mountain View Country Club Development on the easterly side of Jefferson Street. PAReports - CC\01 -1 8-05\TTM 32751 Grove Partners\TTM 32751 CC COA.doc n -1 12 4 i_ CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL RECOMMENDED TENTATIVE TRACT MAP 32751 - GROVE PARTNER La, LLC JANUARY 18, 2005 The applicant shall be responsible for any to repair (or at the City's option, pay for the repair of) any damage to Jefferson Street that may be caused by failure of the tunnel throughout the construction period and for a minimum period of five years from the date of the City's written certification that the tunnel abandonment and all adjoining soil reconstruction has been completed in a manner satisfactory to the Public Works Director. The certification shall be in writing, and shall be signed by the Public Works Director. Also within that five year time period, the applicant shall defend, indemnify and hold the City of La Quinta and its officers, employees, and agents ("City Indemnitees") free and harmless from any and all of claims, causes of action, obligations, losses, liabilities, judgments, damages, including reasonable attorneys fees and costs of litigation (collectively "Claims") arising out of and/or in any way relating to its acts or omissions associated with the abandonment of the Jefferson Street Tunnel, or any condition of the Jefferson Street Right -of -Way relating to the Tunnel. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims which arise prior to the five year anniversary of the issuance of the certificate referenced above, the developer shall provide a defense to the City Indemnitees, or at the City's option, reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claim. In addition the developer shall be obligated to promptly pay any final judgment or portion thereof rendered against the City Indemnitees. Developer shall execute an indemnity agreement containing the terms and conditions set forth herein, in a form acceptable to the City Attorney, prior to the recordation of the final map. Nothing in these conditions shall in any way limit the City's right under the Indemnification Agreement for Improvement Beneath Public Right -of -Way, recorded December 4, 1990, as Instrument No. 439718 ("Recorded Right -of -Way"), nor shall the conditions in any way limit the obligations and liabilities of Landmark Land Company of California, or its heirs, successors, assigns, or subsequent owners of the property under and adjacent to the golf course tunnel. The City's rights to enforce these conditions of approval shall be in addition to all rights the Citv has under the Recorded Right -of -Way. P:\Reports - CC\01-18-05\TTM 32751 Grove Partners\TTM 32751 CC COA.doc 13 4 r, CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32751 - GROVE PARTNER LQ, LLC JANUARY 18, 2005 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. The private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS Private Residential Streets measured at gutter flow line to gutter flow line shall have a 36-foot travel width with streets double loaded. B. CUL DE SACS 1) The cul de sac shall conform to the shape shown on the tentative map with a 38-foot curb radius at the bulb or larger as shown on the tentative map. 11. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, potential shared bus turnouts for SunLine and Desert Sand unified School District, and other features contained in the approved construction plans. 12. When the City Engineer determines that access rights to the proposed street right- of-ways shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 13. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 14. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. The Open Space at the north end of the tentative tract shall be dedicated as Open Space in perpetuity on the Final Map and shall be designated such as a lettered lot. 15. Direct vehicular access to Jefferson Street from lots with frontage along Jefferson Street is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 4 C) 3 1 PAReports - CC\01 -1 8-05\TTM 32751 Grove Partners\TTM 32751 CC COA.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32751 - GROVE PARTNER La, LLC JANUARY 18, 2005 16. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 17. The applicant shall convey the Open Space Lot south of Pomelo Drive to the Citrus HOA en the FeeeFded Final Map prior to the release of bonds. 18. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 19. Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster -image file of such Final Map. The Final Map shall be of a 1 " = 40' scale. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refers to persons currently certified or licensed to practice their respective professions in the State of California. 20. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 21. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan: 1 if = 40' Horizontal PAReports - CC\01 -1 8-05\TTM 32751 Grove Partners\TTM 32751 CC COA.doc 4 �4 CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32751 — GROVE PARTNER LQ, LLC JANUARY 18, 2005 B. PM 10 Plan: 1 " = 40' Horizontal C. SWPPP: 1 " = 40' Horizontal D. Storm Drain Plans: 1 " = 40' Horizontal Note: A through D shall be submitted concurrently. E. On -Site Street Improvements/Signing & Striping Plan: 1 if = 40' Horizontal, 1 " = 4' Vertical The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. F. On -Site Residential Precise Grading Plan: 1 if = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All On -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. 22. The City maintains standard plans, detail sheets and/or construction notes for elements of construction on the Public Works Online Engineering Library at http://www.la-guinta.org/publicworks/tractl/z onlinelibrary/0 intropage.htm. 16 P:\Reports - CC\01 -1 8-05\TTM 32751 Grove Partners\TTM 32751 CC COA.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32751 — GROVE PARTNER LQ, LLC JANUARY 18, 2005 23. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. - IMPROVEMENT SECURITY AGREEMENTS 24. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 25. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 26. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 27. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. PAReports - CC\01-18-05\TTM 32751 Grove Partners\TTM 32751 CC COA.doc 4 t CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32751 - GROVE PARTNER La, LLC JANUARY 18, 2005 E. To agree to any combination of these means, as the City may require. Off -Site Improvements should be completed on a first priority basis. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 28. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off - site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 29. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 30. The applicant shall comply with the provisions of Section 13.24.050 (Grading . Improvements), LQMC. 31. Prior to occupancy of the project site for any construction, or other purposes, the PAReports - CC\01-18-05\TTM 32751 Grove Partners\TTM 32751 CC COA.doc 4 it'7 18 CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32751 - GROVE PARTNER LQ, LLC JANUARY 18, 2005 applicant shall obtain a grading permit approved by the City Engineer. 32. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 33. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 34. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. PAReports - CC\01 -1 8-05\TTM 32751 Grove Partners\TTM 32751 CC COA.doc 408 19 CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32751 — GROVE PARTNER LQ, LLC JANUARY 18, 2005 35. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 36. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. 37. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 38. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 39. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 40. Stormwater handling shall conform with the approved hydrology and drainage report for The Citrus Development. The applicant or design professional shall submit a revised hydrology and drainage report to address off -site drainage displaced by this development and the adequacy of the proposed underground drainage system. Nuisance water shall be retained onsite and disposed of via an underground percolation improvement approved by the City Engineer. Additionally, the applicant shall redesign the proposed retention basins to accept off site storm water that is currently handled by the existing retention basin. 41. The applicant shall revise proposed retention basins to comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. More P:\Reports - CC\01 -1 8-05\TTM 32751 Grove Partners\TTM 32751 CC COA.doc 4 C;' 9 20 CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32751 - GROVE PARTNER LQ, LLC JANUARY 18, 2005 specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. Additionally, the 100 year stormwater shall be retained within the interior street right of way. The tributary drainage area shall extend to the centerline of adjacent public streets. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. 42. The applicant shall redesign Lot C and D retention basins to provide for a bleed line between Lot C and D to handle overflow from Lot C. 43. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leach field or equivalent system approved by the City Engineer. The sand filter and leach field shall be designed to contain nuisance water surges from landscape area, residential unit, and off -site street nuisance water. Flow from adjacent well sites shall be designed for retention area percolation by separate infiltration system approved by the City Engineer. The sand filter design shall be per La Quinta Standard 370 with the equivalent of 137.2 gph of water feed per sand filter to accept the abovementioned nuisance water requirements. Leach line requirements are 1.108 feet of leach line per gph of flow. 44. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 45. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 46. For on -site common retention basins, retention depth shall be according to Engineering Bulletin 97.03, and side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. 47. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC. PAReports - CC\01-18-05\TTM 32751 Grove Partners\TTM 32751 CC COA.doc 410 21 CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32751 — GROVE PARTNER LQ, LLC JANUARY 18, 2005 48. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 49. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 50. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES' 51. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 52. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 53. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 54. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 55. The applicant shall construct the following street improvements to conform with the General Plan. A. PRIVATE STREETS 1) Lot A except for except for the entry drive - Construct full 36-foot wide travel width improvements measured gutter flow line to gutter flow line where the residential streets are double loaded. 411 22 PAReports - CC\01-18-05\TTM 32751 Grove Partners\TTM 32751 CC COA.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32751 - GROVE PARTNER LQ, LLC JANUARY 18, 2005 2) Lot A (Entry Drive) - At a minimum, there shall be at least 20 feet of paved roadway at the entry drive and at the proposed median. 3) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. C. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the bulb similar to the layout shown on the rough grading plan. D. EMERGENCY ACCESS 1) The applicant shall design the emergency access of Jefferson Street with decorative concrete, pavers or other pavement structure as approved by the City Engineer and the Fire Department. 56. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b. or, the approved equivalents of alternate materials. 57. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 58. General access points and turning movements of traffic are limited to the following: A. Primary Entry (Mandarina Drive): Full turn movements are allowed. 412 23 PAReports - CC\01-18-05\TTM 32751 Grove Partners\TTM 32751 CC COA.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32751 — GROVE PARTNER LQ, LLC JANUARY 18, 2005 59. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street -name signs and sidewalks. Mid -block street lighting is not required. 60. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. CONSTRUCTION 61. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPING 62. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 63. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 64. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 65. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 66. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no PAReports - CC\01 -1 8-05\TTM 32751 Grove Partners\TTM 32751 CC COA.doc 413 24 CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32751 - GROVE PARTNER La, LLC JANUARY 18, 2005 lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. QUALITY ASSURANCE 67. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 68. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 69. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 70. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 71. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 72. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 73. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. PAReports - CC\01 -1 8-05\TTM 32751 Grove Partners\TTM 32751 CC COA.doc 414 25 CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32751 - GROVE PARTNER La, LLC JANUARY 18, 2005 74. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). FIRE DEPARTMENT 75. For single-family residential areas, approved standard fire hydrants, located at each intersection and spaced 330 feet apart with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1000 gpm for a 2-hour duration at 20 psi. Off -site hydrants are required at any entry and every 600 feet around the perimeter of the project. 76. Blue dot retro-reflectors shall be placed in the street 8 inches from the centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 77. Any turn or cul-de-sac requires a minimum 38-foot outside turning radius. 78. Roadways may not exceed 1,320 feet without secondary access/egress. This access/egress way may be restricted to emergency vehicles only however, public egress must be unrestricted. This emergency access/egress way, as shown on the Tentative Tract Map, must be a minimum clear and unobstructed width of 20 feet with a vertical clearance of 13 feet 6 inches (See Condition #83A & B). 79. Any gate providing access from a public roadway (Jefferson Street) to a private entry roadway shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. The gate shall be automatic and be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. 80. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on the an individual lot. Two sets of water plans are to be submitted the Fire Department for review and approval. 81. The applicant or developer shall prepare and submit to the Fire Department for review and approval, a site plan designating any required fire lanes with appropriate lane paintings and/or signs. COMMUNITY DEVELOPMENT DEPARTMENT 82. The applicant shall comply with all the mitigation measures in the Mitigation Monitoring Plan attached to the Environmental Assessment for this project. 415 26 PAReports - CC\01 -1 8-05\TTM 32751 Grove Partners\TTM 32751 CC COA.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32751 - GROVE PARTNER LQ, LLC JANUARY 18, 2005 83A. Remove the emergency access along Jefferson Street as being an unnecessary intrusion of the traffic flow along Jefferson Street. If an emergency access is required, it should be developed on Pomelo at the end of the new cul-de-sac street and connected to the adjacent private street. 83B. The applicant shall make a good faith effort in negotiating the relocation of the emergency exit off of Pomelo, along the northern property line across the landscape entry portion of the Citrus development. In the event the developer is unable to negotiate the relocation of the emergency exit off of Pomelo, the Community Development Director, at his sole discretion, may approve access to the adjoining public street (Jefferson Street) per the original condition (Condition #78). The documentation of property rights necessary for the access rights shall be recorded prior to, or simultaneously with the final map, and shall be in a form which is approved by the Public Works Director and City Attorney, or require the applicant to provide all necessary funding to provide for the acquisition by the City of all property rights needed for the access route, including all land costs, acquisition expenses, expert fees, and attorneys' fees. In the event that City acquisition is deemed necessary, the acquisition costs, as estimated by the City in its sole discretion, shall be deposited by the developer prior to the recordation of the final map, and a bond shall be provided in an amount and form to be approved by the Director of Public Works and the City Attorney for any additional costs that may be incurred by the City if it chooses to pursue the acquisition. PAReports - CC\01 -1 8-05\TTM 32751 Grove Partners\TTM 32751 CC COA.doc ATTACHMENT 1 LU ry cn Z- V) AVE. 50 w Pone* ol ADAMS STREET PROPERTY 3: Li cnv#A ow < 0 AVE 52 Uj Cn 4- VK24TY. 417 m ATTACHMENT 3 Planning Commission Minutes December 14, 2004 b. C. rel e. f. completed by the issuance of the 50th building per it or May 31, 2006, whichever occurs later. The applic t shall have all off -site improvements completed and ac epted by the City of La Quinta prior to 20% occup cy of the Tentative Tract Map. Condition #56.A.2.3.: deleted. Condition #56.A.2.e. amended: The app 'cant shall remove all existing trees adjacent to the Avenu 54 boundary of the Tentative Tract Map. The tree r of system shall be removed to three feet below finis grade and as approved by the City Engineer. Tree rem o al between the west and east sections of the Tent ive Tract Map shall be completed, but is not requir d until issuance of the 50th building permit, but not pr. r to May 31, 2006. Condition #56.A.3. ame ded: The applicant shall install the traffic signal at. the i tersection of Madison Street and Avenue 54 when warrants are met. Applicant is responsible for de gn and installation of the traffic signal. However, the a licant is eligible for reimbursement from the City's Dev opment Impact Fee fund in accordance with policies esta fished for that program. Applicant shall bond for the traff" signal DIF reimbursement amount adjusted for design a d installation prior to issuance of an on -site grading ermit; the security shall remain in full force and effect ntil the signal is actually installed by the applicant. Priv a internal local streets shall be allowed to be reduced to 8 feet with parking restricted. veloper shall be allowed to provide the mow strip curbing on the streets with the one acre lots. ROLL C L: AYES: Commissioners Daniels, Ladner, Krieger, and Vice Chairman Quill. NOES: None. ABSENT: Chairman Kirk. ABSTAIN: None. C irman Kirk rejoined the Commission. City Manager Thomas Genovese riroduced the new Community Development Director Doug Evans who anked the Commission for the opportunity to serve the City. B. Tentative Tract Map 32751; a request of Grove Partners LQ, LLC for consideration of a subdivision of approximately 9.25 acres into 29 single- family and miscellaneous lots located at the southwest corner. of Jefferson Street and Pomelo. 29 G:\WPDOCS\PC Minutes\12-14-04.doc 418 Planning Commission Minutes December 14, 2004 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Martin Magana presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff indicated a letter had been received from the HOA and their issues were being addressed. 2. Chairman Kirk asked about the cul-de-sac length for emergency access. Staff explained. Chairman Kirk asked legal counsel if the Commission must accept the Fire Department standards or are they able to make findings given other circumstances. City Attorney Kathy Jenson stated she would not recommend overriding health and safety concerns. She would need to review the Municipal Code section to see if it could be done, but it could be creating a liability for the City. Chairman Kirk questioned even if the condition created a blight. Discussion continued. 3. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Jerry Green, IVIDS Consulting, representing the applicant, gave a description of the project. The one condition they have issue with is #17 and they would like to request its deletion or amend it to read when all the other open space lots are turned over to the HOA. Staff agreed with the change as long as it was prior to releasing bonds. 4. Commissioner Quill stated there is ample width between the date palm trees for the emergency access out to the entrance and asked why this area could not be considered for the emergency access. Mr. Green stated it belongs to the HOA and they have adamantly denied their request to install it at this location. He noted they will need a temporary access onto Jefferson Street during construction. 5. Commissioner Ladner suggested putting block under sod and it would not appear to be there. 6. Ms. Cindy Zamorez, KSL Developments, stated the HOA is adamant to keep the aesthetics of their entryway unchanged. It is currently owned by KSL and they have an agreement with the HOA to maintained it, and they would not agree to.the change. 30 G:\WPDOCS\PC Minutes\12-14-04.doc 419 Planning Commission Minutes December 14, 2004 7. Commissioner Ladner stated it could be done it is just a problem of selling it to the HOA. 8. Chairman Kirk asked if there was any other public comment. There being none, the public participation portion of the hearing was closed and open for Commission discussion. Discussion followed regarding the look of the secondary access proposed. - 9. Chairman Kirk suggested the access on Pomelo could be done and if it becomes impossible, it could be brought back. He would prefer there be no secondary access along Jefferson Street due to the potential blight problems. Assistant City Engineer Steve Speer stated it is the City's decision as to whether or not to allow the secondary access. It is a Council decision where the access will go. The City has already predetermined the access points along Jefferson Street. The Commission can recommend they continue to enforce this decision. Discussion followed regarding the tunnel. 10. It was moved by Commissioners Daniels to adopt Planning Commissioner Resolution 2004-102 recommending to the City Council approval of Tentative Tract Map 32751, as amended: a. Condition 8.A.1. third. paragraph deleted b. Condition #17: timing on dedication b. Add a condition: Remove the emergency access along Jefferson Street as being an unnecessary intrusion of the traffic flow along Jefferson Street. If an emergency access be required, it be developed at Pomello at the end of the cul-de-sac. 12. City Attorney Kathy Jenson stated she has an issue with the deletion of the third paragraph as to why they would want to delete a requirement that takes care of damage outside the tunnel. 13. Chairman Kirk stated this was a staff recommendation. Assistant City Engineer Steve Speer stated short of taking the tunnel out, staff thought a reasonable alternative would be to fill it with slurry to the top. The applicant is adamantly opposed to having the continuing burden imposed on this project. It is a City Council decision as to whether it is deleted. G:\WPDOCS\PC Minutes\ 1 2-14-04.doc 420 31 Planning Commission Minutes December 14, 2004 14. City Manager Thomas Genovese stated, the concern of staff is that if the tunnel is removed, we have less concern. If it is a different type of repair, we do not want to place any obligation on the City if the tunnel is filled and not removed. 15. Commissioner Quill stated he does not believe there is any burden on the part of the property owners, HOA, Citrus Course, KSL, or anyone to operate, own, or maintain the tunnel. So if it failed it would be the City's responsibility. City Attorney Kathy Jenson stated it is an encroachment on a City street. Assistant City Engineer Steve Speer stated the City does have an Agreement. City Attorney Kathy Jenson apologized as she had not seen the Agreement, but she would not want see a condition changed that would modify an obligation that exists. Commissioner Quill stated to require them to remove the tunnel would be a waste of their funds and problems would result. City Manager Tom Genovese stated we are not adding any burden as it already exists. 16. Chairman Kirk asked if the Agreement was changing from who currently has it to Grove Partners, LLC. The public hearing was reopened. 17. Mr. Green, stated he has no knowledge of the Agreement. The applicant is opposed to assuming the liability. They are willing to work with staff to abandon the tunnel to ensure it will not fail, but the burden of filling it is impossible. 18. Commissioner Ladner asked if the Agreement was not transferred when the property was purchased. 19. Commissioner Quill stated that any agreement between the City and the landowners of both sides of the street at that time, would have had to have been assignable to all successors and assigns and would be the burden of the HOA and all the property owners within the Citrus and Mountain View as they are today. City Attorney Kathy Jenson stated that was a fair assumption but she would recommended the condition remain which would give staff time to review and make a recommendation to the City Council. 20. Chairman Kirk closed the public hearing. 32 G:\WPDOCS\PC Minutes\12-14-04.doc Planning Commission Minutes December 14, 2004 21. Commissioner Daniels amended his motion to not include the deletion of the third paragraph of Condition 8.A.1, subject to further investigation by the applicant and City Attorney. The motion was seconded by Commissioner Ladner. 22. Commissioner Quill asked that the City Council be made aware of their comments and desire for the existing Agreement be found. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, Quill, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. C. Site Development Permit 2004-817: a request of Washington 111 ...D. for consideration of development plans for construction three commercial retail buildings consisting of 5,270, 5,0138, and 9 65 square feet bounded by Highway 1 1 1, Avenue 47, Washing Street and Adams Street (within Washington Park Commercial C er). Staff noted a change in the conditions to combine Conditions 2 and 64. 1. Chairman Kirk opened the public hea ' g and asked for the staff report. Principal Planner Fred. Ba r presented the information contained in the staff report, copy of which is on file in the Community Development D artment. 2. Chairman Kirk asked if there were any questions of staff. Commissioner/Daniic(s verified the Architecture and Landscaping Review Commnditions are incorporated in the conditions. Staff stated v 3. Chairma irk asked if the applicant would like to address the Comm' sion. Mr. Bill Sanchez, Washington 1 1 1, developer of the proj t, gave a description of the project. 4. hairman Kirk stated there appears to be a drive -through on Pad 4. Mr. Sanchez stated it is an open area similar to the other buildings with a trellis. There will be no drive -through. 5. There being no further questions of the applicant, Chairman Kirk asked if anyone else would like to address the Commission on this matter. There being none, the public participation portion of the hearing was closed and open for Commission discussion. 422 33 G:\WPDOCS\PC Minutes\12-14-04.doc 4 ATTACHMENT #4 0 ) RECORDING REQUESTED BY: ,� CITY OF LA QUINTA ) b ) P.O. BOX 1504 LA QUINTA, CALIFORNIA 92253 ) UJ WHEN RECORDED MAIL TO. ) CITY CLERK ) � P.O. BOX 1504 ) t .,LA QUINTA, CALIFORYIA 92253 ) (Space Above Provided For Recorder) INDEMNIFICATION AGREEMENT FOR IMPROVEMENT BENEATH PUBLIC*RIGHT-OF-WAY Landmark Land Company of California, Inc., a Delaware corporation, ("Developer") desires to construct an underground tunnel to provide access to its two adjacent parcels by traveling underneath the street grade of the public right-of-way identified as "Jefferson Street" located in the City of La Quinta ("City") in Riverside County, California. Therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed as follows: 1. ape of Imnrov ment. Developer shall construct an underground tunnel which will be improved as a golf cart crossing between the Citrus Golf Course and Grove Golf Course (the "Improvement Area"). A legal description of the Improvement Area is attached hereto as Exhibit "A" and incorporated herein by this reference. The Improvement Area shall be used for the purpose of travel by pedestrians, golf carts, vehicles related to maintaining, repairing and replacing the Improvement Area, and other vehicles used in conjunction with the Citrus and Grove Golf Courses. Use of the,Improvement Area shall be limited to the vehicles described herein and shall not be for general vehicular access. 2. Obligation to Maintain, Repair and Replace. Developer, its heirs, successors, and assigns shall have the affirmative obligation at all times to cause the Improvement Area including, but not limited to, the tunnel structure, to be maintained, repaired, and replaced in a safe and sanitary condition. Such obligations shall include, but are not limited to, keeping the Improvement Area free from weeds, debris and obstructions, repairing damage due to the elements and ordinary wear, and replacing the surface of the Improvement Area as necessary.. 423 34 3. Assum2t on of Liability and Indemnification. Developer hereby assumes all liability with respect to the Improvement Area including, but not limited to, the tunnel structure, and hereby agrees to protect, defend, indemnify and hold harmless Grantor against and from any and all loss, damage Or liability, including attorneys' fees, on account of any, all and every demand or claim arising from the construction, maintenance or repair of fmthe of Improvement Area. Notwithstanding the above, said liability for the Improvement Area shall not effect City's liability with respect to the public street improvements located directly above the Improvement Area. 4. Entire Agreement. This instrument contains the entire agreement between the parties relating to the rights herein granted and.the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect except a subsequent modification in writing, signed by the party to be charged. 5. Attgrneys' Fees. In the event of any controversy, claim, or dispute relating to this instrument or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorneys' fees, and costs. 6. Notices. Any notice to be given hereunder by either of the parties hereto to the other may be personally delivered or may be deposited in the United States mail, registered or certified, postage prepaid, return receipt requested, addressed to the party to whom intended as follows: CITY OF LA QUINTA 78-105 Calle Estado La Quinta, CA 92253 ATTN: Ron Kiedrowski LANDMARK LAND COMPANY a De4Cal orporation 78-1Tampico La QA 3 4 AT 08-14-90 7980n/2588/00 OF CALIFORNIA, INC., 424 35 4397.1� 8 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. !-- APPROVED AS TO FORM: - . /1"o J/K�- A @,#fill d DAWN C. HONEYWELL, City Attorney CORPORATE ACKNOWLEDGMENT State of CAL I F ORN IA lCountyof RIVERSIDE CITY: CITY OF QUINTA LA W- nik"au mg DEVELOPER: LANDMARK LAND COMPANY OF CALIFORNIA, INC., a Delaware corporation . ,.- Its W. =2 On this the 3 O 1]Jay of NOVENLfRF''R 19-9-0, before me, SS. DEBORAH S. DE RENARD the undersigned Notary Public, personally appeared JOHN J. PENA'AND SAUNDRA L. JUHOLA AND DAWN C. HONE LL N personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as Mayor, ity Clerk and City Attorney oro�n behalf of the corporation therein t�RMYi•I�t1C.&Lgo" named, and acknowledged to me that the corporation executed It. �K no WITNESS my hand and official seal. 16. 7 Notary's Signature cm NATIONAL NOTARY ASSOCIATION • 23M2 WMtn Blvd. 0 P.O. Box 4825 . Woodbnd HMs, CA 91364 439'718 STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDE ) On this IM day of XMIM 1 19.4, before me, the undersigned, 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 who executed this instrument as the Chairman of and acknowledged to me that said Agency executed it. WITNESS my hand and official seal. (SEAL) STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDE ) On this 22nd day of October , 1990, before me, the undersigned, a Notary Public in and for said State, me (or personally appeared Gary Kerney , personally known proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as the Vice President of LANDMARK LAND COMPANY OF CALIFORNIA, INC., a Delaware corporation, and acknowledged to me that said corporation executed it. WITNESS my hand and official seal. ( SEAL ) OFFICIAL SEAL ! i ANDREA MERRIU-NOBS i WARY RMA-cAtMU � 'RNWPAL OFFICE N j 1 WWERM COUNTY wy cowad , boo" NOV. 5. 1993 i DWI 08-14-90 7980n/2588/00 - 4zs 37 439718 EXHIBIT "A" LEGAL DESCRIPTION OF IMPROVEMENT AREA (To Be Attached) 08-14-90 7980n/2588/00 77 38 i 439718 EXHIBIT GOLF TUNNEL LOCATION BEING A PORTION OF SECTIONS 4.AND 5, TOWNSHIP6 SOUTH, CITY OF LA RANGE 7 EAST, SAN BERNARDINO BAS E j. COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, SAID LOCATION BEING 14.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT A* POINT ON THE CENTERLINE OF JEFFERSON STREET, AS SHOWN ON TRACT NO. 24889, IN SAID CITY, COUNTY AND ISTATE,OFFILED FICE IN BOOK 210 PAGES 38 THROUGH 52, INCLUSIVE, OF MAPS, SOUTH THE COUNTY RECORDER OF SAID COUNTY. SAID P©FROM THEINTNEAST 1/4 00012147" EAST, 53.83 FEET ALONG SAID CENTERLINE CORNER OF SAID SECTION 5, AS SHOWN ON SAID H 8904711311 24889, 4889 EAST, HEREINAFTER REFERRED TO AS POINE LY RIGHTNOF-kAYCE TOF SAID JEFFERSON 64.00-FEET TO THE ULTIMATE EAST STREET; THENCE FROM SAID POINT 'A' SOUTH 89 ° 4 7N 13" WEST, A60. 00 NON FEET TO THE WESTERLY RIGHT-OF-WAY OF SAID JEFFERSO SAID TRACT NO. 24889. AS MORE PARTICULARLY SHOWN ON EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF. 11.0. 326- MC 050 REV SEPT 25, 1990 JULY 10, 1990 G. F.I. 0MORSE CONSULTING GROUP PLoWNING • ENGPhwr& G gURYEYING •ro rrr.t.ous+uro. suns •rr: wti�wc. w�v+ea�.s�an.. 42 EXHIBIT 'B' NJ +j1 �J E) CC) �j "v Vi Nqt i el cor. mac. 5, 439718 �MORSLE CONSULnNG GROUP PI.AIMoum • • SIAr INC 0WRfflKW*A9* ZMfW ww4LCM" Mwmmw f 1N1 f!I N1f FAX plp M M NLC. 050 429 40 439'718 EXHIBIT 'A' GOLF TUNNEL LOCATION LEGAL DESCRIPTION BEING A PORTION OF SECTIONS 4 AND 51 TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, SAID LOCATION BEING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT A POINT ON THE CENTERLINE OF JEFFERSON STREET, AS SHOWN ON TRACT NO. 24889, IN SAID CITY, COUNTY AND STATE, FILED IN. BOOK 210 PAGES 38 THROUGH 52, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. SAID POINT BEING SOUTH 0001214711 EAST, 53.83 FEET ALONG SAID CENTERLINE FROM THE EAST 1/4 CORNER OF SAID SECTION 51 AS SHOWN ON SAID TRACT NO 24889, HEREINAFTER REFERRED TO AS POINT 'A'; THENCE NORTH 8904711311 EAST, 60.00 FEET TO THE ULTIMATE EASTERLY RIGHT-OF-WAY OF SAID JEFFERSON STREET; THENCE FROM SAID POINT 'A' SOUTH 8904711311 WEST, 60.00 FEET TO THE WESTERLY RIGHT -OF --WAY OF SAID JEFFERSON STREET, AS SHOWN ON SAID TRACT NO. 24889. AS MORE PARTICULARLY SHOWN ON EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF. GLEMV F. LADE 4GLEN . LAKE 5793 EV JUKE 30,1992 * N0.5793 sjgr W.O. 326- FOF Cffit%i � REV OCT. 22, 1990 JULY 10, 1990 G.-F.L. ft&O)aE CONSULTING GROUP 40 .ouwio. wnM 03n (714) r*m7 . ►Ax (71+) M"N 430 41 439'718 EXHIBIT V C. Id Coy. mac. e rho 5., R.e 7 , 5d. 6I MCt �, leo.00 too h � d- �0 r FA,W-,&M0R.$E CONSUL"NG GROUP PL.MM G • fN(;fi EERl111G 0 SLIMING J«r� M�uiaw.�uR� wvN, Jnwv pA►IM �ngr7�m� . bl/,It" MM PLC. 050 431 42 N-1 &// S- 1. as Pff? _t STATEMENT BEFORE THE LA QUINTA CITY COUNCIL BY THE CITRUS COURSE HOMEOWNER'S ASSOCIATION ON LA QUINTA CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP 32751 Mr. Mayor and members of the City Council, my name is Tom Morton. I have a prepared statement that 1 would like included in the record of this public hearing. I thank you for the opportunity to speak before you. I'm here as President of the Citrus Course Homeowners Association, ("the Citrus). As such, I represent the 544 home and property owners at the Citrus. This evening you are considering a Resolution to approve Grove Partners LQ, LLC's Tentative Tract Map 32751 for a subdivision of about 9.25 acres, which will include 29 single-family lots and miscellaneous common area lots, all located at the Southwest comer of Jefferson and Pomelo Streets, all of which are located within the walled and gated area of the Citrus. We have three concerns with the "Conditions of Approval -Recommended by the City Staff," date January 18, 2005. They are the conditions dealing with the Jefferson Street Tunnel, the proposed development's Emergency Access, and the drainage from the two Storm Water Retention Basins shown on Tentative Tract Map 32751. Jefferson Street Tunnel It is our understanding that Staff is recommending to the Council that the Grove Partners be responsible for sealing the tunnel under Jefferson Street that now connects the KSL and the Toll Brothers properties, and further, that they be onsibl for any damage throughout the construction period and for a "minimum'"' f five years thereafter — It is assumed that the word "minimum" is in else the term could run indefinitely. If this is the extent and limit of the liability and indemnification for the tunnel, then the Citrus has no issue with the condition. However, if this is not the case and it is the Council's intent to attempt to extend this liability to the Citrus, then we cannot support the adoption of Tentative Tract Map 32751. Extending this indemnification is tantamount to requiring that every Citrus homeowner give the City a signed blank check to be used whenever there may be a problem with Jefferson Street above the tunnel. In fact, you would be assigning a liability to the Citrus homeowners who had no involvement in, or responsibility for, the permitting and construction of the .tunnel. Citrus Comments on La Quints City Counsel Resolution # 2005- Dated: 1/17/05 Page: 2 Further, it our understanding that when KSL sold the property on the east side of Jefferson Street to Toll Brothers, the City required both parties to fill and seal the tunnel. This has not been done on the KSL side of the tunnel and we are not sure whether it has been done on Toll Brother's side. We have asked Staff for a copy of these conditions so that we can substantiate what we understand to be the case, and, if indeed there was this requirement, we ask why, in the course of the last two years, it has not been accomplished? It is also our understanding that the Grove Partners are purchasing the KSL property as outlined on Tentative Tract Map 32751. As this map does not show the tunnel, how is it possible for the City to require Grove Partners to fill the tunnel that is not part of the sale and, furthermore, already should have been sealed by KSL and Toll Brothers and approved by the City? As detailed in our letter to the City, dated November 8, 2004, the Citrus is currently negotiating an Annexation Agreement with the Grove Partners that provides them access to, and incorporates their development into, the Citrus community. This Agreement needs to be approved by our membership. Should the Council attempt to impose the liability on the Citrus for damage to Jefferson Street resulting from defects in the tunnel, then the Citrus Board of Directors cannot, in good conscience, ask its homeowners to support the Annexation Agreement, thus killing the proposed project. Please understand that the Citrus would very much like to see this property developed; but we cannot support it should we be required to assume this extraneous indemnification of the City.. Emergency Access The Citrus has informed the Grove Partners that we do not want the emergency access for their development to exit on Pomelo. Pomelo is not a street, but rather the primary entrance into our community and the Citrus Golf Club. This entrance is the focal point of the club and the community. Requiring a paved access across its midsection would require the demolition of a significant portion of this palm lined and landscaped area. It would significantly detract from the beauty of our entrance and could negatively impact property values and interest in becoming a member of the La Quinta Resort and Club. However, that being said, please understand, that we support the emergency access route laid out on Tentative Tract Map 32751, which we have been told was agreed to by the Fire District. Also, when the Citrus assumes landscape maintenance responsibly for the proposed development, we will maintain the 4 3 Citrus Comments on La Quinta City Counsel Resolution # 2005- Dated: 1/17/05 Page: 3 emergency exit area to the same high standards that we currently maintain all of the properties within the Citrus. Storm Water Retention Basins Tentative Tract Map 32751 shows two storm water retention basins at the southern portion of the site. One is 0.50 acres and the other 0.75 acres. We understand that these two basins are necessary to mitigate excess storm water flows from the golf club parking lot, the Pomelo entrance, various Citrus Streets, and other off -property sources, and we are willing, as part of the Annexation Agreement, to assume responsibility for their care and maintenance. However, the Citrus asks that the City Council specify that the retention basins be designed and constructed such that water that flows to them will percolate easily into the subsoil. Without such a requirement, stagnant water could stand there for weeks -on -end creating an insect breeding area, including vector mosquitoes carrying the West Nile virus, and be a source of foul odors resulting from the decay of submerged landscaping. Currently, the Citrus golf course has a system of dry wells that allow for the rapid dissipation of storm water — some similar arrangement should be sufficient for the proposed retention basins. I thank for this opportunity to comment on the Tentative Tract Map and its conditions and I trust that you appreciate the significance of our concerns. I will be glad to answer any question you may have. R 'vely ub itted; r. Thomas Morton, President Citrus Course Homeowner's Association. �4 S.a�� • 4 OF ITEM TITLE: Public Hearing to Adopt an Ordinance of the City Council Approving Zoning Ordinance Amendment 2004-081 to Amend Chapter 9, Section 9.40.010--Table 9-1 Permitted Uses in Residential Districts; Section 9.80.040-Table 801 Permitted Uses in Nonresidential Districts; Section 9.150.080.M.5.a; and 9.100.040.B.1.a. Relating to Interior Landscaping, of the City of La Quinta Municipal Code RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Move to take up Ordinance by Title and Number only and waive further reading. Introduce Ordinance No. for first reading. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The following is a list of proposed Code changes. These changes are proposed to clarify and carry out the intent of the existing Code and to comply with current practices. Section 9.40.010 Table 9-1 - Permitted Uses in Residential District Land Use RVL RL RC RM I RMH RH Fences and walls, subject to Section 9.60.030 A P A P A P A P A P A P The Code provisions currently list fences and walls as an accessory use. Staff is proposing to change this to a permitted use to allow. a property owner to fence their vacant lot to prevent trespassing or to protect their lot for whatever reasons. As it is currently written it does not provide clarity on how a vacant lot can be fenced. 45 Section 9.080.040, Table 801 — Permitted Uses in Non -Residential Districts Section 9.60.100 of the La Quinta Zoning Code does not allow retail stores between 10,000 to 50,000 square feet in size and retail stores over 50,000 square feet of floor in the Commercial Park (CP) designation. Currently, the CP zoning is located south and north of Highway 111 adjacent to Regional Commercial (CR) zoning designation. This zoning designation does not follow lot lines. This Amendment allows flexibility in the CP zoning district by requiring a Conditional Use Permit review for such types of uses, thereby assuring compatibility between the two zoning designations. Sections 9.150.080.M.5.a and Section 9.100.040.B.1.a Staff is requesting an Amendment to these two sections regarding parking lot landscaping to bring them into conformity with each other. Currently, 9.150.080.M.5.a requires "...landscaping equal to at least 15% of the net project area shall be provided within parking areas." Section 9.100.040.B.1.a requires, "Landscaping equal to five percent of the net project area shall be provided within parking areas." Staff is requesting the 15% noted in Section 9.150.080.M.5.a be changed to read 5 %, as this was the intent, and is the percentage typically used in Zoning Codes. Planning Commission Action At the December 28, 2004 Planning Commission meeting, the Commission reviewed this Amendment and voted 5-0 to recommend approval of Zoning Code Amendment 2004-081 to the City Council by adoption of Resolution 2004-108, (Attachment 1). Public Notice This project was advertised in the Desert Sun newspaper on December 30, 2004, as a 1/8-page display ad. To date, no letters have been received. Any written comments received will be handed out at the meeting. 41-DI6 S:\CityMgr\STAFF REPORTS ONLY\PH 1 - ZOA 081.doc FINDINGS AND ALTERNATIVES Findings necessary to approve the Amendment can be made and are contained in the attached Ordinance. The alternatives available to the City Council include: 1. Move to take up Ordinance by Title and Number only and waive further reading. Introduce Ordinance No. for first reading; or 2. Do not move to take up Ordinance No. ; or 3. Provide staff with an alternative direction. Respectfully submitted, Douglas Ff. Evans Community Development Director Approved for Submission by, Thomas P. Genovese, City Manager Attachment: 1. Planning Commission excerpts from the meeting of December 28, 2004 4`7 S:\CityMgr\STAFF REPORTS ONLY\PH 1 - ZOA 081.doc ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AMENDING CHAPTER 9, SECTION 9.40.010--TABLE 9-1 PERMITTED USES IN RESIDENTIAL DISTRICTS; SECTION 9.80.040-TABLE 801 PERMITTED USES IN NONRESIDENTIAL DISTRICTS; SECTION 9.150.080.M.5.a; AND 9.100.040.B.1.a. RELATING TO INTERIOR LANDSCAPING, OF THE CITY OF LA QUINTA MUNICIPAL CODE CASE NO.: ZONING ORDINANCE AMENDMENT 2004- 081 CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California, did on the 18th day of January, 2005, hold a duly noticed Public Hearing for review of a Zoning Ordinance amendment to allow changes to Chapter 9, Section 9.40.010-- Table 9-1 Permitted Uses in Residential Districts; Section 9.80.040-Table 801 Permitted Uses in Nonresidential Districts; Section 9.150.080.M.5.a; and 9.100.040.B.1.a. relating to interior landscaping, of the City of La Quinta Municipal Code; 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 recommending approval of said Zoning Ordinance Amendment; 1. The proposed amendments are consistent with the goals and policies of the La Quinta General Plan, insofar as the amendments are consistent with policies relating to high quality development in the City. . 2. The Zoning Ordinance Amendment will not be detrimental to the public health, safety and welfare, as it addresses consistency within the Development Code and minor alterations to development standards. 3. The Zoning Ordinance Amendment is compatible with the City's Zoning Ordinance in that it addresses consistency within the Development Code and minor alterations to development standards. 4. The Zoning Ordinance Amendment supports the orderly development of the City. ,8 Ordinance No. Zoning Ordinance Amendment 2004-081 Adopted: NOW, THEREFORE BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: SECTION 1. Section 9.40.010 Table 9-1 Permitted Uses in Residential District is amended to read: Land Use RVL RL RC RM RMH RH Fences and walls, subject to Section 9.60.030 P I P I P I P I P P Section 9.080.040, Table 801 — Permitted Uses in NonResidential Districts is "...landscaping equal to at least 5% of the net project area shall be provided within parking areas". SECTION 2. ENVIRONMENTAL. The La Quinta Community Development Department has determined that the amendments to the Municipal Code are exempt pursuant to Chapter 2.6, Section 21080 of the Public Resources Code, California Environmental Quality Act (Cega) Statutes, and Section 15268, Ministerial Projects, of the CEQA Guidelines SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. 115 , } P:\Reports - CC\01-18-05\ZOA 081 \Ordinance.doc : ! Ordinance No. Zoning Ordinance Amendment 2004-081 Adopted: SECTION 4: POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by Resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. The foregoing Ordinance was approved and adopted at a meeting of the City Council held on this 18th day of January, 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 19 P:\Reports - CC\01 -1 8-0520A 081 \Ordinance.doc ATTACHMENT NI Planning Commission Minutes December 28, 2004 8. Mr. Rob Capitz, the applicant, stated on the south a of the street there is a large parcel of vacant land owne by the City that, at some point, will need to be landscaped d could provide parking. He requested the condition requir the parcels being merged be deleted as he would like to k p them separate and create a use agreement for the parking 9. Commissioner Quill asked if the ilding fits the lots within the setbacks. Mr. Capitz stated y . Staff recommended amending Condition #31 to requir7roval orded Recriprol Access Easement. Assistant City Attorneael Houston stated it should be subject to review and a of the City Attorney's office. 10. Chairman Kirk ask if there was any other public comment. There being none the public participation portion of the hearing was closed and pen for Commission discussion. 11. It was mov by Commissioners Daniels/Ladner to adopt Planning Commis ner Resolution 2004-107 approving Village Use Permit, as reco mended and amended: x Condition #31: Either merge the lots or record a Reciprocal Access Easement and Joint Maintenance Agreement to be reviewed and approved by the City Attorney's office. R L CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. C. Zoning Code Amendment 2004-081: a request of the City for an Amendment to the La Quinta Municipal Code Chapter 9, Section 9.40.010-Table 9-1 Permitted Uses in Residential Districts; Section 9.80.040-Table 801 Permitted Uses in NonResidential Districts; and Section 9.150.080.M.5.a. and 9.100.040.B.1.a. relating to interior landscaping. 1. Chairman Kirk opened the public hearing and asked for the staff report. Consulting Planner Nicole Criste presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked about the other locations in the City 7 G:\WPDOCS\PC Minutes\12-28-04.doc 441 41 Planning Commission Minutes December 28, 2004 that had the CP designation. Staff explained the locations on the map and intent of the uses for the CP zone. This request was to allow the City greater flexibility by allowing the uses with a Conditional Use Permit. 3. Commissioner Quill questioned the proposed uses for the site. City Manager Tom Genovese stated that in regard to buffers and planning guidelines, both locations where the land is zoned CP, they have a natural buffer by either the Whitewater Channel or La Quinta Excavation Channel from the residentially zoned properties. 4. Chairman Kirk asked if this request was to allow greater flexibility for City -owned property. City Manager Tom Genovese stated that by approving this change it would give the City greater flexibility in reviewing projects for these sites. However, it should also be noted that it is consistent with proper planning due to the fact that you have a natural buffer to both the north and south of these zoned areas. 5. Commissioner Daniels asked if the Conditional Use Permit process required a public hearing before the Commission. Staff stated yes. 6. There being no further questions of staff, Chairman Kirk asked if anyone else would like to address the Commission on this matter. There being none, the public participation portion of the hearing was closed and open for Commission discussion. 7. It was moved and seconded by Commissioners Daniels/Quill to adopt Planning Commission Resolution 2004-108, recommending approval of Zoning Code Amendment 2004-081, as recommended by staff. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None VI. BUSINMSS ITEMS: A. Sin A lica 2004-827; a request of Gem Realty Group for consideration of an a ed planned sign program for a multi -tenant office building located at 78- venue 47, north of Avenue 47, west of Adams Street. 9 G:\WPDOCS\PC Minutes\12-28-04.doc �-