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2006 03 07 CCe4 4 4 adjA City Council Agendas are Available on the City's Web Page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting Tuesday, March 7, 2006 — 2:00 P.M. Beginning Resolution No. 2006-017 Ordinance No. 427 CALL TO ORDER Roll Call: Council Members: Henderson, Osborne, 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. SWEARING -IN FOR NEWLY -APPOINTED COUNCIL MEMBER 1 . ADMINISTRATION OF THE OATH OF OFFICE. CLOSED SESSION NOTE: Time permitting the City Council may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when the Agency is considering acquisition of real property. City Council Agenda 1 March 7, 2006 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - INITIATION OF LITIGATION - (GOVERNMENT CODE SECTION 54956.9(c) - ONE MATTER RECONVENE AT 3:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Business Session matters or Public Hearings on the agenda, a completed "request to speak" form should be filed with the City Clerk prior to the City Council beginning consideration of that item. CONFIRMATION OF AGENDA PRESENTATIONS 1 . INTRODUCTION OF NEW MOTOR OFFICER, ROB BROOKER. WRITTEN COMMUNICATIONS 1. WRITTEN CORRESPONDENCE RECEIVED FROM RENAISSANCE INV., CORPORATION AND PALM DIVERSIFIED INV., INCORPORATED. APPROVAL OF MINUTES 1 . APPROVAL OF MINUTES OF FEBRUARY 18, 2006 2. APPROVAL OF MINUTES OF FEBRUARY 21, 2006 3. APPROVAL OF MINUTES OF FEBRUARY 28, 2006 CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 11 City Council Agenda 2 March 7, 2006 1 . APPROVAL OF DEMAND REGISTER DATED MARCH 7, 2006. 2. DENIAL OF CLAIM FOR DAMAGES FILED BY SANDRA ROSENBAUM: DATE OF LOSS — JANUARY 17, 2006. 3. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE FINANCE DIRECTOR AND TWO INVESTMENT ADVISORY BOARD MEMBERS TO ATTEND THE 2006 CALIFORNIA MUNICIPAL TREASURERS ASSOCIATION (CMTA) CONFERENCE APRIL 26-28, 2006 IN MONTEREY, CALIFORNIA. 4. ADOPTION OF A RESOLUTION ACCEPTING A DONATION OF EIGHT VIP GOLF PASSES FOR THE KRAFT NABISCO CHAMPIONSHIP GOLF TOURNAMENT TO BE HELD MARCH 27—APRIL 6 AT THE MISSION HILLS COUNTRY CLUB IN RANCHO MIRAGE, CALIFORNIA. 5. APPROVAL OF A COOPERATIVE AGREEMENT WITH THE CITY OF INDIO FOR THE DESIGN AND CONSTRUCTION OF TRAFFIC SIGNAL IMPROVEMENTS; AND APPROVAL OF THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE AND AUTHORIZATION TO ADVERTISE FOR BID THE DUNE PALMS ROAD AT WESTWARD HO DRIVE STREET IMPROVEMENTS, PROJECT NO. 2004-07A. 6. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP 31143, THE DUNES BUSINESS PARK, LLC. 7. APPROVAL OF AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR TRAFFIC ENGINEERING SERVICES, TRAFFEX ENGINEERS, INC. 8. APPROVAL OF RESTRUCTURING ADVANCES BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA REDEVELOPMENT AGENCY. BUSINESS SESSION 1. CONSIDERATION OF LA QUINTA HIGH SCHOOL REQUEST FOR ART IN PUBLIC PLACES FUNDS. A. MINUTE ORDER ACTION 2. CONSIDERATION OF SPONSORING AN AWARDS LUNCHEON FOR THE NATIONAL ACADEMY OF TELEVISION ARTS & SCIENCES. A. MINUTE ORDER ACTION City Council Agenda 3 March 7, 2006 Cf 3 3. 0 5. CONSIDERATION OF TWO CITY COUNCIL MEMBERS TO SERVE ON THE CIVIC CENTER ART PURCHASE COMMITTEE. A. MINUTE ORDER ACTION CONSIDERATION OF CITY COUNCIL STANDING COMMITTEE APPOINTMENTS. A. MINUTE ORDER ACTION CONSIDERATION OF A SilverRock RESORT COMMITTEE. A. MINUTE ORDER ACTION STUDY SESSION - NONE REPORTS AND INFORMATIONAL ITEMS 1 . ANIMAL CAMPUS COMMISSION (HENDERSON) 2. CITY COUNCIL AD HOC COMMITTEE REPORTS 3. CVAG COMMITTEE REPORTS 4. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (OSBORNE) 5. C.V. CONSERVATION COMMISSION (SNIFF) 6. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT 7. C.V. MOUNTAINS CONSERVANCY (SNIFF) 8. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 9. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (OSBORNE) 10. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 1 1 . PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 12. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 13. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 14. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 15. SAN JACINTO/SANTA ROSA NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 16. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 17. INVESTMENT ADVISORY BOARD MINUTES DATED JANUARY 11, 2006 DEPARTMENT REPORTS 1 . CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. REPORT REGARDING PLANNING COMMISSION VACANCY City Council Agenda 4 March 7, 2006 2. CITY ATTORNEY - NONE 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY DEPARTMENT MONTHLY REPORT - NONE 5. COMMUNITY DEVELOPMENT DEPARTMENT MONTHLY REPORT A. REPORT ON SALE OF WASTE MANAGEMENT OF THE DESERT TO BURRTEC WASTE AND RECYCLING SERVICES AND TRANSFER OF CONTRACT 6. COMMUNITY SERVICES DEPARTMENT MONTHLY REPORT - NONE 7. FINANCE DEPARTMENT REPORT - NONE 8. PUBLIC WORKS DEPARTMENT MONTHLY REPORT - NONE 9. POLICE DEPARTMENT MONTHLY REPORT - NONE 10. FIRE DEPARTMENT QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7•nn P_M_ PUBLIC COMMENT This is the time set aside for public comment on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three (3) minutes. Please watch the time clock on the speakers podium. PRESENTATIONS ADAMS ELEMENTARY 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. 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. City Council Agenda 5 March 7, 2006 PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION APPROVING TENTATIVE TRACT MAP 34185, THE SUBDIVISION OF 3.14 ACRES INTO NINE SINGLE FAMILY LOTS AND OTHER PARCELS, LOCATED 425 ± FEET WEST OF JEFFERSON STREET ALONG THE NORTH SIDE OF THE STORMWATER CHANNEL, SOUTH OF FIESTA DRIVE ACCESSED FROM HUMMINGBIRD LANE. APPLICANT: SIENNA CORPORATION. A. RESOLUTION ACTION ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on March 21, 2006, 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, Deborah Powell, Acting City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of March 7, 2006, 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 1 1 1 , on March 3, 2006. DATED: March 3, 2006 kc� Y_� R��� DEBORAH POWELL, Acting City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777- 7025, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7025. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the 3:00 PM session or the 7:00 PM session. March 7, 2006 City Council Agenda 6 �.' U WRITTEN CORRESPONDENCE ITEM: Renaissance Inv., Corp. Palm Diversified Inv., Inc. February 17, 2006 Honorable Mayor Don Adolph City of La Quinta 78-495 Calle Tampico La Quinta, Ca. 92253 RE: Coachella Annexation Dear Mr. Adolph: 303-300 Carlsbad Village Dr. #108A Carlsbad, Ca. 92008 Office: (760) 685-2102 Fax: (760) 967-7490 Please accept this correspondence in regards to the proposed removal of our property from the existing City of Coachella sphere of influence and being relocated into the City of La Quinta sphere of influence. On the surface, this may seem like a perfectly great idea. On the contrary, my company has been processing an Annexation to the City of Coachella since April 15t' of 2005. The subjected Annexation includes the following Assessor's Parcel Numbers: 767-190-003, 767- 190-004, 767-190-005, 767-190-006, 767-190-007, 767-190-008 and 767-190-009. The subject property is located on the north side of Avenue 52 between Calhoun and Van Buren Streets. This project is directly adjacent to Annexation No. 52, which was approved on October 27th, 2005. The project is slated to be a commercial development within the City of Coachella. The sewer and water to serve this project, provided by the City of Coachella, will be directly adjacent to the sight in the near future. If we were to be moved into the City of La Quinta sphere of influence, Annexation to the City of La Quinta could be years away and the Coachella Valley Water District cannot currently serve this area. We respectfully request that this property remain in the City of Coachella sphere of influence to further this development in a timely matter. Thank you in advance for your prompt attention to this matter. If you have any questions or concerns, please feel free to contact me at your earliest convenience and I will be happy to help in any way that I can. Sincerely, X David Labbe Renaissance Inv., Corp. x aw9 D. Gary D. Ferguson Palm Diversified Inv., Inc. Enclosures: Letter of Transmittal dated 4/15/05 Annexation Exhibit r Z7TE1P\ orF coachda vaticY Engifice TO: City of Coachella Carmen Manriquez 1515 Sixth Street Coachella, CA.92236 760-398-3102 760-398-5421 ENCLOSED ARE THE FOLLOWING ITEMS SENT VIA: Date: Job No. April 15, 2005 04163 RE: Commercial APN 767-190-005 Pre -Annexation Coachella, CA QUANTITY DESCRIPTION 1 Application for Planning Approval 1 Colored Exhibit showing Site 1 Environmental Information Form 3 Original Wet Signed Exhibit "A" Legal Description & Exhibit Drawing 2 Environmental Initial Study (Electronic copy to be emailed) 2 Sets of Mailing Labels 300' Radius THESE ARE TRANSMITTED as checked below: 0 For Approval 0 For Review and Comment 0 For Your Use 0 As Requested For Signature 0 For Your Files 0 Returned # Check Prints 0 Other: Submitted for 1st Plan Check Review REMARKS: If you should have any questions, please don't hesitate to contact me at your earliest convenience. Thank you in advance. cc: File Q MOMS M No. of Pages: 5 2005 Accepted by: _ ---- Signed: Anthony Ramirez / Project Coordinator( k 99WOLF ROAD, SUITE 1 G_ PALN� DE-SEI t , C A cc)2.2 11 ELEPHIO T (7601 �i(-r✓ri)! ".�i. l 7Ei } �}'_G7f}G Uu PAGE 1 OF 3 EXHIBIT "A" REORGANIZATION TO INCLUDE ANNEXATION NO. - TO THE CITY OF COACHELLA, THE COACHELLA FIRE PROTECTION DISTRICT, THE COACHELLA SANITARY DISTRICT AND CONCURRENT DETACHMENTS FROM THE SOUTHERN COACHELLA COMMUNITY SERVICES DISTRICT, THE RIVERSIDE COUNTY SERVICE AREA 125 AND THE RIVERSIDE COUNTY WASTE RESOURCES MANAGEMENT DISTRICT LAFCO 2005 - - LOTS 8 AND 16 OF THE SUBDIVISION OF SECTION 1, TOWNSHIP 6 SOUTH, RANGE 7 EAST OF THE SAN BERNARDINO MERIDIAN, AS FILED IN MAP BOOK 4, PAGE 63, OF OFFICIAL RECORDS (O.R.) COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 1, TOWNHIP 6 SOUTH, RANGE 7 EAST OF THE SAN BERNARDINO MERIDIAN, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, SAID POINT BEING ON THE EXISTING CORPORATE BOUNDARY OF THE CITY OF COACHELLA, CALIFORNIA, AS DESCRIBED IN ANNEXATION NO. 41, LAFCO NO. 88-89-4, RECORDED MARCH 30, 1990, AS INSTRUMENT NO. 115707, OF OFFICIAL RECORDS (O.R.) COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING ON THE CENTERLINES OF AVENUE 52 AND VAN BUREN STREET AND BEING ALSO THE SOUTHEAST CORNER OF LOT 8 OF THE SUBDIVISION OF SECTION 1, TOWNSHIP 6 SOUTH, RANGE 7 EAST OF THE SAN BERNARDINO MERIDIAN, AS FILED IN MAP BOOK 4, PAGE 63, OF OFFICIAL RECORDS (O.R.) COUNTY OF RIVERSIDE, STATE OF CALIFORNIA; THENCE N89053'45"W ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE1/4) OF SAID SECTION 1, THE CENTERLINE OF SAID AVENUE 52 AND THE SOUTHERLY LINE OF LOT 8 OF THE SUBDIVISION OF SAID SECTION 1, A DISTANCE OF 1319.36 FEET TO THE SOUTHWEST CORNER OF LOT 8 OF THE SUBDIVISION OF SAID SECTION 1, BEING ALSO THE SOUTHEAST CORNER OF LOT 16 OF THE SUBDIVISION OF SAID SECTION 1; THENCE CONTINUING N89053'45"W ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE1/4) OF SAID SECTION 1, THE CENTERLINE OF SAID AVENUE 52 AND THE SOUTHERLY LINE OF LOT 16 OF THE SUBDIVISION OF SAID SECTION 1, A DISTANCE OF 1319.36 FEET TO THE SOUTH ONE QUARTER (S1/4) CORNER OF SAID SECTION 1, BEING ON THE CENTERLINES OF SAID AVENUE 52 AND CALHOUN STREET AND BEING ALSO THE SOUTHWEST CORNER OF LOT 16 OF THE SUBDIVISION OF SAID SECTION 1; THENCE N00° 18' 19"W ALONG THE NORTH -SOUTH ONE QUARTER (N-S 1 /4) SECTION LINE OF SAID SECTION 1, THE CENTERLINE OF SAID CALHOUN STREET AND THE WESTERLY LINE OF LOT 16 OF THE SUBDIVISION OF SAID SECTION 1, A DISTANCE OF 660.10 FEET TO THE NORTHWEST CORNER OF LOT 16 OF THE SUBDIVISION OF SAID SECTION 1, BEING ALSO THE SOUTHWEST CORNER OF LOT 15 OF THE SUBDIVISION OF SAID SECTION 1; 1 1 /9/2005 04163 600 ANNEX X PAGE 2OF3 THENCE S89°59'44"E ALONG THE COMMON LINE BETWEEN LOTS 15 AND 16 OF THE SUBDIVISION OF SAID SECTION 1, A DISTANCE OF 1320.07 FEET TO THE COMMON CORNER TO LOTS 7, 8,15 AND 16 OF THE SUBDIVISION OF SAID SECTION 1; THENCE CONTINUING S89059'44"E ALONG THE COMMON LINE BETWEEN LOTS 7 AND 8 OF THE SUBDIVISION OF SAID SECTION 1, A DISTANCE OF 1320.08 FEET TO SAID EXISTING CORPORATE BOUNDARY, THE EAST LINE OF THE SOUTHEAST QUARTER (SE1/4) OF SAID SECTION 1, THE CENTERLINE OF SAID VAN BUREN STREET AND THE NORTHEAST CORNER OF LOT 8 OF THE SUBDIVISION OF SAID SECTION 1, BEING ALSO THE SOUTHEAST CORNER OF LOT 7 OF THE SUBDIVISION OF SAID SECTION 1; THENCE S00°10'45"E ALONG SAID EXISTING CORPORATE BOUNDARY, THE EAST LINE OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 1, THE CENTERLINE OF SAID VAN BUREN STREET AND THE EASTERLY LINE OF LOT 8 OF THE SUBDIVISION OF SAID SECTION 1, A DISTANCE OF 664.70 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 40.14 ACRES, MORE OR LESS, AS SHOWN ON THE ATTACHED EXHIBIT "A" WHICH IS MADE A PART HEREOF BY THIS REFERENCE HEREON. 11 i9i2005 04163 600 ANNEX: X PAGE 3OF3 EXHIBIT ''All REORGANIZATION TO INCLUDE ANNEXATION NO. TO THE CITY OF COACHELLA, THE COACHELLA FIRE PROTECTION DISTRICT, THE COACHELLA SANITARY DISTRICT AND THE COACHELLA WATER AUTHORITY AND CONCURRENT DETACHMENTS FROM THE SOUTHERN COACHELLA VALLEY COMMUNITY SERVICES DISTRICT, RIVERSIDE COUNTY SERVICE AREA 125 AND THE RIVERSIDE COUNTY WASTE RESOURCES MANAGEMENT DISTRICT AVENUE LAFCO 2005 - - — 51 N89042'l9"E 2644.50' E1 /4 COR. � 1322.25, 1 /4 SECTION LINE 1322.25' C 1 /4 COR. Q Z � LOT 5 � O LOT 13 I Aop.Mo � m z 77671 �£30o�J0o6 / "' z A.p.m. �6�� oo�c�� I U9oAopo Q O Io U`9GLape IO� O X 0- w o `' �2 O Z N ---- -- — -- --- / U Q Uj J L OT 1 4 I LOT z Q z A.p.G�o AepoMo w �1 Uj w I° �671�9 00�00 I 716a� E�30o 000 4 0 w .oo Cy - I v/o N� C O cq N / 04 a O Q N N89054' 16" E 2641.59' _ _ _ _ _ w w 0 3 — — — — — — 1320.80' u' � 0 Z P 1320.80' 3 0 ::D :D o m r) OoCD �I _Z LOT 15 o f LOT 77 o N Z� U A peGJo Z AopanMo Q [� 767r -19 01 I � 77677� g000� � / > � 0 0 A.P.N. 767-190-003 0 0 z S89059'44"E 1 2640.15' 1320.07' 1320.08' 0 N POR. LOT 8 LOT 16 A.P.N. 3 A.P.N. 767-190-005 = A.P.N. 767-190-004 SO 767-190-007� o A.P.N. z 767-190-006 1319.36' SECTION I LINE "--S1/4 COR. N8915345W 2638.72' AVENUE 52 GRAPHIC SCALE 400 0 200 400 800 1200 ( IN FEET ) 1 inch = 400 ft. LEGAL DESCRIPTION LEGEND * (SEE ATTACHED EXHIBIT "A" LEGAL DESCRIPTION) ANNEXATION NO. _ BOUNDARY ANNEXATION NO. 41, LAFCO NO. 88-89-4 CORPORATE BOUNDARY CITY OF INDIO ® CORPORATE BOUNDARY CITY OF COACHELLA N.A.P. NOT A PART P.O.B. POINT OF BEGINNING * ANNEXATION NO. — AREA = 40.14 ACRES, +/- 1319.36' A.P.N. 767-190-008 0 A.P.N. o 67-190-009 oN SE SEC. COR. 12 i6 <7 P.O.B. v CITY OF INDIO CITY OF AVENUE 50 COACHELLA T.55. T. 6S. Q J II AVENUELL- J �U 14 6 m0 SITE 15 7— AVENUE 52 VICINITY MAP N.T.S. Prepared b TEL(760)360-4200 //�////x"��% THIS DOCUMENT WAS PREPARED BY p y FAX(760)360-4204 11111s�� LAND S6� ON OR DURVEY INFORMATION DIRECTION,BASED Coachella Valley Engineers J L.S. 6532 0 77-899 Wolf Road, Suite 102, PALM DESERT, CA 92211 = yl Exp. 6/30/07�� \\ F 06 11� MARK A. TURNER L.S. 6532 04163 NOVEMBER, 2005 OF CAS ��� NO. DATE ii// EXP. DATE: 6/30/07 04163_600_ANN EX_X.D W G CV T� 4 �aAGENDA CATEGORY: COUNCIL/RDA MEETING DATE: March 07, 2006 ITEM TITLE: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION Demand Register Dated March 07, 2006 PUBLIC HEARING RECOMMENDATION: Approve Demand Register Dated March 07, 2006 BACKGROUND: Prepaid Warrants: 67397 - 674181 521,906.52 67419 - 674411 219910.05 Voids} (90.00) Wire Transfers} 6,806,736.42 P/R 33166 - 331821 147,555.19 P/R Tax Transfers} 36,703.39 Payable Warrants: 67442 - 67579) 616,543.30 $8,151,264.87 FISCAL IMPLICATIONS: Demand of Cash - City $108,782.07 Demand of Cash -RDA $6,482,482.80 CITY OF LA OUINTA BANK TRANSACTIONS 02/16/06 - 03/01/06 02/22/06 WIRE TRANSFER - PERS 02/22/06 WIRE TRANSFER - ICMA 02/23/06 WIRE TRANSFER - LANDMARK 02/28/06 WIRE TRANSFER - PERS HEALTH 02/28/06 WIRE TRANSFER - PERS 03/01/06 WIRE TRANSFER - DEBT SERVICE - CITY 03/01/06 WIRE TRANSFER - DEBT SERVICE - RDA TOTAL WIRE TRANSFERS OUT $14, 590.22 $11,968.14 $154,214.62 $60,486.73 $355.20 $326,030.00 $6,239,091.51 $6, 806, 736.42 c- 00 � 1 I N O O O O 0 to O I� \ I Y J I in 00 O ti N O O O O 10 1 c� ¢ 1 w 0 I w F- I o 1 M 11; l to 0 O: to to 0: to O I x 0 I 0-4 N N 10 M O I` to %0 N N ti tiJ N W I U F- 1 O M to O� M M 1 O (9 W I 1 > Q m 1 I `� a. i 1 O Z I I H I I LL1 v_ (7 w H I D CC I iC �( -K -K it is •I'c -K jt jt iC -K F- 1 O F- I Z I OM w I 1 I I O I Qw I oo0 MM 1-1- U%o0ONN Ow- r- NN 00 00 00 00 00 tntn 00 0- 000 O 1 \I 000 WW 00 0% 0 Ln ON LA �D r- NN O0 00 00 00 00 00 ON ON 00 D`� 00� U I LL! 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FISCAL IMPLICATIONS: The total amount of the claim was $600.00. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Sandra Rosenbaum with a reported date of loss of January 17, 2006, (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Deny the Claim for Damages filed by Sandra Rosenbaum with a reported date of loss of January 17, 2006; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, Jo Per on"11isk Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Sandra Rosenbaum, Claim for Damages 2 v FILE WITH: CLAIM FOR DAMAGES CITY CLERK'S OFFICE City of La Quinta TO PERSON OR PROPERTY P.O. Box 1504 La Quinta, CA 92253 INSTRUCTIONS . 1. Claims for death, injury to person or to personal property must be filed not later than six months after the occurrence. (Gov. Code § 9112.) 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. Code § 9112.) 3. Read entire claim form before filing. 4. See page 2 for diagram upon which to locate placeof accident 5. This claim form must be signed on page 2 at bottom. A Attach senarate sheets. if necessary. to give full details. SIGN EACH SHEET. ATTACHMENT CLAT�I51Id P. � - r M P--L m X CO c7 r rn o 7-3 rn m TO: [Name of City] Date of B' of Claimant Name of Claimant Oa,u tion of Claiman - Home Address of Claimant: City and to 014"a-a-i66 Home Telephone of imant - 3 I - qad z� Business Address of Claimant: City and State �ys3 Busr ess Tele hone of Claimant: 6 - V - �VbC� Give address and telephone number to which you desire notices or communications to be sent Claimant's Social Security No.: - regarding claim: AS When did DAMAG or INJURY . r? Names of any city employees involved in INJURY or DAMAGE: Date: 6 1to Time: 9 Claim is 4x Equilable Indemnity, give date claimant served with the complaint Date: d ( 6 Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet where appropriate, give street names and address and measurements from landma s: 6� G ov -eh WK Describe in detail how the DAMAGE or INJURX occurred. .� a 0.4-" r Why do ' claim the city is responsible? • Describe in detail each INJURY or D MGv� SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNLU ON KtvtKst b'L! r,j 0 ho The amount claimed, as of the date of presentation of this claim, is computed as follows: Damages incurred to date (exact): Estimated prospective damages as far as known: Damage to property ..................... $ Future expenses for medical and hospital care .$ Expenses for medical and hospital care ..... $ — Future loss of earnings ....................$ --- Loss of earnings ........................ $ Other prospective special damages ..........$ Special damages for ..................... $ Prospective general damages ..............$ Total estimated prospective damages .......$ General damages ..................... $ Total damages incurred to date .......... $ Total amount claimed as of date of presentation of this claim: $ Was damage and/or injury investigated by ice? n c' If so, what city? _ Were paramedics or ambulance called? W v If so, name city or ambulance If injured, state date, time, name and address of doctor of your initial visit WITNESSES to DAMAGE or INJURY. List all persons and addresses of persons known to have information: Name Address Name Address Name Address Phone Phone Phone DOCTOR AND HOSPITALS: Hospital Address Phone Doctor Address Phone Doctor Address Phone READ CAREFULLY For all accident claims place on following diagram name of streets, including North, accident by'A-1' and location of yourself or your vehicle at the time of the accident East, South, And West; indicate place of accident by "X' and by showing house by'B-1' and the point of impact by *X.* numbers or distances to street comers. If City Vehicle was involved, designate by letter "N location of City Vehicle when you first saw it, and by "B" location of yourself NOTE: I diagrams below do not fit the situation, attach hereto a proper diagram or your vehicle when you first saw City Vehicle; location of City vehicle at time of signed by claimant SX CURB "!)* I- S 4-- SIDEWALK SIDEWALK /1 Signature of Claimant or person filing Oil his behalf giving relationship Typed Name: to Claimant: ")r� I 'DI 10,5&-34 h4-a'4t CURB —y 6/ //S/6� NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code § 915a.) Presentation of a false claim is a felony (Pen. Code § 72.) 0 / ~T_�. CU Fes. O F Teti AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: March 7, 2006 ITEM TITLE: Authorization for Overnight Travel for BUSINESS SESSION: the Finance Director and Two Members of the CONSENT CALENDAR: Investment Advisory Board to Attend the 2005 California Municipal Treasurers Association (CMTA) STUDY SESSION: Conference April 26 — 28, 2006 in Monterey, PUBLIC HEARING: California RECOMMENDATION: Authorize overnight travel for the Finance Director and two members of the Investment Advisory Board to attend the three day 2006 California Municipal Treasurers Association (CMTA) Conference — April 26 - 28, 2006 in Monterey, California. FISCAL IMPLICATIONS: Account No. 101-4001-415.51-01, Travel and Training, contains $2,400 for two Investment Advisory Board Members and $1,200 for staff to attend this conference. Registration Hotel Travel Total CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: $280 360 560 $1, 200 The Annual California Municipal Treasurers Association Conference will be held April 26 - 28, 2006 in Monterey. The CMTA 2006 Annual Conference is a 3-day conference that focuses on financial issues affecting local governments. Conference information is attached (Attachment 1) . FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Authorize overnight travel for the Finance Director and two members of the Investment Advisory Board to attend the CMTA Conference in Monterey, California, April 26 — 28 2006; or 2. Do not authorize overnight travel for the Finance Director and two members of the Investment Advisory Board; or 3. Provide staff with alternative direction. Respectfully submitted, Y4-�_q I r-111 John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . CMTA Conference Information 2 ��J ATTACHMENT 1 CALIFORNIA MUNICIPAL TREASURERS ASSOCIATION Conference Registration Form Monterey Mariott Hotel April 24 — 25, 2006 Pre -Conference April 26 — April 28, 2006 Conference You must be a current CMTA Member (Active/Government Associate/Sustaining) to register. If you need to verify that your membership is current, please contact Debbie Michel at CMTA's Sacramento office at (916) 658-8209. If you have any questions regarding conference registration, call Mike Reynolds at the City of Redlands at (909) 798-7544. Please use a separate form for each registrant (photocopies accepted). (THIS FORM IS NOT VALID FOR COMMERCIAL ASSOCIATE MEMBERS.) Name (Please print or Type) Title Organization Mailing Address City State Zip Phone Fax E-Mail Address Name you prefer on Badge Spouse/Guest Name Is this your first CMTA Conference? (yes or no) Special dietary needs? (yes or no) Will you be attending the Thursday evening Banquet? (yes or no) Registration Fees Pre -Conference Seminar [Active or Government Associates] Pre -conference Seminar only Pre -Conference Seminar if also attending conference Conference Active or Government Associate Includes all meals, receptions & Thursday Banquet Second registrant from same organization Includes all meals, receptions & Thursday Installation Banquet $ 145.00 $ 135.00 Postmarked Early (on or before 3/10//06) $ 280.00 Regular (on or before 4/03/06) $ 305.00 Late (after 4/03/06) $ 365.00 Early (on or before 3/10/06) $ 250.00 Regular (on or before 4/03/06) $ 275.00 Late (after 4/03/06) $ 365.00 Daily Conference Registration I Wednesday I Thursday Daily Rate x $ 200.00 $ Available only if another person from your same agency has paid full conference registration Includes breakfast & lunch only Additional Meals Spouses & Guests Wednesday Lunch X $ 35.00 $ Thursday Lunch X $ 35.00 $ Thursday Banquet X $ 75.00 $ Total Fees $ Please make checks payable to "CMTA 2005 Conference". Mail to: Michael Reynolds, City Treasurer, P.O. Box 3005, Redlands, CA 92373- 1505.(A pre -addressed envelope has been included for your convenience.) Advance registrants unable to attend may receive a refund of the registration fee less $25.00 processing fee by submitting a written request to CMTA at the same address or fax (909) 792-6623 by April 12, 2006. No refunds will be made if requested after that date. Substitute attendees will be accepted at any time. 3 2006 CMTA ANNUAL CONFERENCE REGISTRATION INFORMATION How to Register • For the pre-conference/conference Fill out the CMTA 2006 Conference registration form and mail it with your payment (including payment for additional meals) in the enclosed pre - addressed envelope. You may also register for the pre -conference on -site. If you have any questions about registration, call (909) 798-7544. Hotel Accommodations Monterey Marriott Hotel 350 Calle Principal Monterey, CA 93940 Phone: 1-831-649-4234 or 1-800-228-9290 The Monterey Marriott features newly renovated rooms with down comforters and pillows. All rooms include high-speed Internet access, coffee makers and hairdryers. The hotel also has a pool, hot tub, fitness center and day spa. • Room Rate The special CMTA Rate for the pre- conference/conference is $175 for a single, double, triple or quad. Each additional person is $20. All rates are subject to a 10% + $.09 (per day) city hotel tax. Valet parking is $17 a day. Reduced parking can be found 1 block from the hotel on a space available • By Phone or Internet All pre-conference/conference sessions will be held at the Monterey Marriott. Reservations can be made by phone at 1-813-649-4234 or 1-800-228-9290. Reservations can also be made via the Internet using: www marriott com/reservations/init.asp?marshacode=mryca&gc=CMTCMTA http•//www marriott com/reservations/init asp?marshacode=mryca&gc=CM"T'CMI'A Deluxe Rooms or www marriott com/reservations/init.asp?marshacode=mryca&gc=CMTCMTU http•//www marriott com/reservations/init.asp?marshacode=mryca&gc=C"MTCM' 'U Bay View Rooms Reservations must be received by Friday, March 31, 2006 in order to guarantee the rate. After this date, reservations will be accepted on a space available basis at the prevailing hotel rates. You are highly encouraged to make your hotel reservations early. Questions?? Questions regarding the pre-conference/conference? Contact Adair Patterson — Tel. (760) 955-5060, Fax (760) 955-5042 or e-mail apatterson(cr�ci.victorville.ca.us Questions regarding registration? Contact Mike Reynolds — Tel. — (909) 798-7544, Fax (909) 792-6623 or e- mail mreynolds a, cityofredlands.org a. 2 COUNCIL/RDA MEETING DATE: March 7, 2006 ITEM TITLE: Adoption of a Resolution Accepting a Donation of Eight VIP Guest Passes for the Kraft Nabisco Championship Golf Tournament to be Held March 27-April 6, 2006 at the Mission Hills Country Club in Rancho Mirage, CA RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving the acceptance of eight VIP guest passes valued at $70 each for the Nabisco Championship Golf Tournament to be held March 27-April 6, 2006 at the Mission Hills Country Club in Rancho Mirage, California. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Kraft Nabisco Championship VIP guest passes were made available to the La Quinta Senior Center as a "thank you" for hosting the Kraft Nabisco "Senior Putting Competition" at the Senior Center. In the past, the passes have been distributed to those volunteers who have assisted with the putting contest. This year volunteers were not needed to assist with the contest so we would like to offer a raffle to all the senior participants at the La Quinta Senior Center. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council approving the acceptance of the eight VIP guest passes valued at $70 each for the Kraft Nabisco Championship Golf Tournament to be held March 27-April 6, 2006 at the Mission Hills Country Club in Rancho Mirage, California; or 2. Do not adopt a Resolution of the City Council approving the acceptance of the eight VIP guest passes valued at $70 each for the Kraft Nabisco Championship Golf Tournament to be held March 27-April 6, 2006 at the Mission Hills Country Club in Rancho Mirage, California; or 3. Provide staff with alternative direction. Respectfully submitted, Edie Hylton, Community Services Director Approved for submission by: Thomas P. Genovese, City Manager k- r RESOLUTION NO. 2006 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ACCEPTING EIGHT VIP GUEST PASSES TO THE 2006 KRAFT NABISCO CHAMPIONSHIP GOLF TOURNAMENT WHEREAS, on February 21, 2006 Nabisco Championship generously donated to the La Quinta Senior Center, a gift of eight VIP guest passes valued at $70 each for the 2006 Kraft Nabisco Championship Golf Tournament to be held March 27- April 6, 2006 at Rancho Mirage, California; and WHEREAS, the gifts were donated to the City of La Quinta Senior Center and were not given to or limited to the use of any particular employee or official; and WHEREAS, it is in the best interest of the City of La Quinta to accept the donation and to direct the City Manager to distribute the tournament VIP guest passes to provide equal opportunity for access. 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 the VIP guest passes for the 2006 Kraft Nabisco Championship Golf Tournament. 2. The City Manager is hereby directed to distribute the said VIP guest passes to the La Quinta Senior Center participants. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7T" day of March, 2006, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California G1 01 OFT COUNCIL/RDA MEETING DATE: March 7, 2006 ITEM TITLE: Approval of a Cooperative Agreement with the City of Indio for the Design and Construction of Traffic Signal Improvements; and Approval of the Plans, Specifications, and Engineer's Estimate and Authorization to Advertise for Bid the Dune Palms Road at Westward Ho Drive Street Improvements, Project Number 2004-07A RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Cooperative Agreement with the City of Indio for the Design and Construction of Traffic Signal Improvements; approve the plans, specifications, and engineer's estimate, and authorize staff to advertise for bid the Dune Palms Road at Westward Ho Drive Street Improvements, Project Number 2004-07A. FISCAL IMPLICATIONS: The following represents the project's funding and funding sources: Transportation DIF: City of Indio: SB 821 Sidewalk Grant: RDA Project Area Number 2 — Sidewalk Match RDA Project Area Number 1 — SilverRock Mitigation Subtotal: $130,260 $67,535 $25,099 $25,099 $124,951 $372,944 Considering the Engineer's Estimate in the amount of $270,740, the following is the anticipated project budget: Construction: $270,740 Design: $27,074 Inspection/Test/Survey: $20,982 Administration: $13,537 Contingency: $40,61 1 Total Anticipated Cost: $372,944 As illustrated, adequate funding is available to support staff's recommendation. Staff will prepare an appropriation request for the March 21, 2006 Redevelopment Agency meeting for the RDA Project Area Number 2 sidewalk match request of $25,099. 6 ry •. CHARTER CITY IMPLICATIONS: The project is partially funded with State and RDA funding. As such, the contractor will be required to pay prevailing wages for these improvements. BACKGROUND AND OVERVIEW: The project is located on Dune Palms Road at its intersection with Westward Ho Drive. The proposed improvements include constructing new curb and gutter, sidewalks, access ramps, driveway approaches, signing and striping, and a new traffic signal. The northeast quadrant of the project is located within the City of Indio. The attached Cooperative Agreement (Attachment 1) is scheduled for consideration by the City of Indio City Council on March 15, 2006 with a staff recommendation for approval. Among other things, the Cooperative Agreement designates the City of La Quinta as the "Lead Agency" and identifies each agency's contribution to the project. The City of Indio's estimated contribution to the project is $67,535. On May 18, 2004, the City Council approved an SB 821 Program grant application in the amount of $25,099 for installing a sidewalk on the south side of Westward Ho Drive from the corner of Dune Palms Road to a point approximately 650 feet to the east. The total cost for the proposed sidewalk was estimated at $50,198. The City proposed a 50% match ($25,099). The City share was identified to be funded through Redevelopment Project Area No. 1 funds. On February 1, 2005, the City Council approved an advance in the amount of $175,000 from the City's General Fund, and approved a Professional Services Agreement (PSA), in the amount of $30,120, with Katz Okitsu & Associates (KOA) to prepare the plans, specifications and engineer's estimate (PS&E) for the Fiscal Year 2004/2005 Traffic Signal Improvement Program, Project No. 2004-07. The design of the proposed traffic signal at Dune Palms Road at Westward Ho Drive is included within KOA's scope of work. The street improvements were designed by NAI Consulting. The street improvements required on the southeast corner of the intersection are part of the development of a mitigation well site for SilverRock Resort currently under review by CVWD. The PS&E is now complete and available for review within the Public Works Department. f) Contingent upon City Council authorization to advertise the project for bid on March 7, 2006, the following is the project schedule: City Council PS&E Approval Project Advertisement (30 days) Award of Construction Sign Contracts and Mobilize Construction (1 20 Consecutive Calendar Days) Project Close-out/Acceptance March 7, 2006 March 8 — April 5, 2006 April 18, 2006 April 18 — April 28, 2006 May 1 — August 28, 2006 September 2006 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve a Cooperative Agreement with the City of Indio for the Design and Construction of Traffic Signal Improvements; approve the plans, specifications, and engineer's estimate, and authorize staff to advertise for bid the Dune Palms Road at Westward Ho Drive Street Improvements, Project Number 2004-07A; or 2. Do not approve a Cooperative Agreement with the City of Indio for the Design and Construction of Traffic Signal Improvements; do not approve the plans, specifications, and engineer's estimate, and do not authorize staff to advertise for bid the Dune Palms Road at Westward Ho Drive Street Improvements, Project Number 2004-07A; or 3. Provide staff with alternative direction. Respectfully submitted, S 4 mothy R. Jo as , P.E. Public Works ire or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Cooperative Agreement _k3 ATTACHMENT 1 COOPERATIVE AGREEMENT FOR THE DESIGN AND CONSTRUCTION OF TRAFFIC SIGNAL IMPROVEMENTS This agreement (hereinafter "Agreement") entered into this day of , 2006, is between the City of La Quinta, a Municipal Corporation and charter city, referred to herein as "LA QUINTA," and the City of Indio, a Municipal Corporation, referred to herein as "INDIO." LA QUINTA and INDIO are collectively referred to in this Agreement as "PARTIES." RFC'ITAI S (1) LA QUINTA and INDIO desire to install a new traffic signal and safety lighting, referred to herein as "PROJECT," at the intersection of Dune Palms Road and Westward Ho Drive, and desire to specify the terms and conditions under which the PROJECT is to be engineered, constructed, financed, operated and maintained. (2) The PROJECT location is jointly owned seventy-five percent (75%) by LA QUINTA and twenty-five percent (25%) by INDIO. (3) It has been determined that the State of California promulgated traffic signal warrants have been met for the PROJECT location. (4) LA QUINTA agrees to contribute 75% of the estimated cost to complete the PROJECT. The preliminary estimate of the PROJECT's cost is $270,142.00. Therefore, LA QUINTA's contribution is estimated to be $202,606.00. (5) INDIO agrees to contribute 25% of the estimated cost to complete the PROJECT. The preliminary estimate of the PROJECT's cost is $270,142.00. Therefore, INDIO's contribution is estimated to be $67,535.00. SPrtinn I LA QUINTA AGREES: (1) To pay an amount equal to seventy-five percent (75 %) of the PROJECT costs for construction, design, engineering, inspection/testing/survey, contingency and administrative costs as described on attached Exhibit "A." (2) To prepare Plans, Specifications and Estimates (PS&E) for the PROJECT. PS&E are to be prepared in accordance with the Standard Plans and Specifications of the State of California Department of Transportation, the 6 `J N standards and practices of LA QUINTA and all applicable laws and regulations. (3) To have final design documents and drawings for the PROJECT prepared by or under the direction of a civil engineer registered and licensed in the State of California, and that the specifications, each set of plans and any reports shall bear the professional seal, certificate and signature of the professional engineer responsible for their preparation. (4) To apply for any necessary encroachment permits for work within the INDIO street right-of-way, in accordance with INDIO standard permit procedures. (5) To advertise, award and administer a public works contract for the construction of the PROJECT improvements. (6) To retain or cause to be retained for audit by INDIO or other governmental auditors for a period of three (3) years from the date of final payment, all records and accounts relating to construction of the PROJECT. (7) Upon completion of the PROJECT, to furnish INDIO a complete set of full- sized reproducible "Drawing of Record" plans and refund any unexpended funds belonging to INDIO. (8) To enter into a maintenance agreement with INDIO, whereby LA QUINTA will agree to maintain and operate the facilities and LA QUINTA will pay seventy-five percent (75%) and INDIO will pay twenty-five percent (25%) of the maintenance and energy costs for the PROJECT. 1;Prrt1nn II INDIO AGREES: (1) To pay an amount equal to twenty-five (25 %) of PROJECT costs for construction, design, engineering, inspection/testing/survey, contingency and administrative costs as described on attached Exhibit "A." (2) To deposit with LA QUINTA within thirty (30) days of receipt of billing therefore the amount of $67,535.00 which figure represents INDIO's estimated PROJECT share of the cost of preliminary engineering, construction, construction engineering and administration, as required to complete the PROJECT. In no event will INDIO's obligation for all anticipated costs under this Agreement exceed 115% of INDIO's estimated costs, as listed in Exhibit "A," provided that INDIO may, at its sole discretion, in writing, authorize a greater amount. However, this does not obligate LA QUINTA in any way to provide additional funds for the PROJECT. 5 (3) To issue, free of charge, upon application by LA QUINTA or LA QUINTA's contractor, the necessary Encroachment Permits for required work within the INDIO streets right-of-way. (4) To enter into a maintenance agreement with LA QUINTA, whereby LA QUINTA will agree to maintain and operate the facilities and LA QUINTA will pay seventy-five percent (75%) and INDIO will pay twenty-five percent (25%) of the maintenance and energy costs for the PROJECT. SPctinn IIII IT IS MUTUALLY AGREED AS FOLLOWS: (1) The total cost of PROJECT is estimated to be $ 270,142. (2) Upon opening bids for construction of the PROJECT, if bids indicate a cost overrun of no more than 1 5 % of the project cost estimate as described in Exhibit 'A" LA QUINTA may award the contract. (3) If, upon opening of bids, it is found that a cost overrun exceeding 15 % of the construction cost estimate will occur, INDIO, and LA QUINTA shall endeavor to agree upon an alternative course of action. If, after thzTTiFty sixty (60) calendar days from the date of bid opening, an alternative course of action is not agreed upon, this Agreement shall be deemed to be terminated by mutual consent, with each agency sharing incurred costs in accordance with the cost shares as set forth in Section I, Article (1), Section 11, Article (1), and Section III, Article (1). (4) All contract change orders exceeding 15% of the bid price for the relevant contract bid items shall be submitted by LA QUINTA to INDIO for review and approval prior to authorization by LA QUINTA to construction contractor. (5) In construction of said work, LA QUINTA will furnish a representative to perform the function of Resident Engineer, and INDIO may furnish a representative. INDIO's representative may consult with LA QUINTA's representative, but LA QUINTA's decision shall be considered final. (6) No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by all parties, and no oral understanding or agreement not incorporated herein shall be binding on either party hereto. (7) Upon completion of all work under this Agreement, ownership and title to all materials, equipment, and appurtenances installed will be jointly shared in the ratio of seventy-five percent (75%) LA QUINTA, twenty-five percent (25%) INDIO. M (8) INDIO nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by LA QUINTA under or in connection with any work, authority or jurisdiction delegated to LA QUINTA under this Agreement. It is further agreed that, pursuant to Government Code Section 895.4, LA QUINTA shall fully indemnify and hold INDIO harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by LA QUINTA under or in connection with any work, authority or jurisdiction delegated to LA QUINTA under this Agreement. (9) LA QUINTA nor any other officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by INDIO under or in connection with any work, authority or jurisdiction delegated to INDIO under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, INDIO shall fully indemnify and hold LA QUINTA harmless from any liability imposed for injury (as defined by Government Code Section 810.98) occurring by reason of anything done or omitted to be done by INDIO under or in connection with any work, authority or jurisdiction delegated to INDIO under this Agreement. NOTICES - Any notice required to be sent pursuant to this Agreement shall be sent by regular mail, addressed as follows: (The remainder of this page is intentionally left blank) 7 CITY OF INDIO Glenn Southard, City Manager 100 Civic Center Mall Indio, CA 92202 Dated: Melanie Fesmire, Mayor ATTEST: as City Clerk APPROVED AS TO FORM: Edward Kotkin City Attorney CITY OF LA QUINTA Thomas P. Genovese, City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92247-1504 Dated: -32 Don Adolph, Mayor ATTEST: June Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jenson City Attorney EXHIBIT "A" COOPERATIVE AGREEMENT DESIGN AND CONSTRUCTION OF TRAFFIC SIGNAL IMPROVEMENTS Dune Palms Road at Westward Ho Drive- New Traffic Signal Construction $ 196,110.00 Design $ 19,611.00 Inspection/Testing/Survey $ 15,198.53 Administration $ 9,805.50 Contingency $ 29,416.50 SUB -TOTAL: $ 270,141.53 TOTAL ESTIMATED COST: $ 270,142 LA QUINTA 3/4 PROJECT SHARE: $202,606 INDIO 1/4 PROJECT SHARE: $67,535 41 COUNCIL/RDA MEETING DATE: March 7, 2006 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 31143, The Dunes Business Park, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 31143, The Dunes Business Park, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 31 143 is located north of Highway 1 1 1 and west of Jefferson Street (Attachment 1). This residential development will consist of four parcels on approximately 6.6 acres (Attachment 2). On April 10, 2003, the City Council approved Tentative Parcel Map No. 31143. 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 and the associated securities have been received. The Final Map is technically complete and is being routed for signatures. The developer expects that all signatures will be in place within the time allowed for its conditional approval. 1 71 As a result, City staff has prepared a Resolution, which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within 30 days (April 6, 2006), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 31143, The Dunes Business Park, LLC; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 31143, The Dunes Business Park, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, . '--� 7 T'mothyQona�ctor/ n, P.E. Public Works Dir City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Parcel Map 3. Subdivision Improvement Agreement 2 r) RESOLUTION NO. 2006-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF PARCEL MAP NO. 31143, THE DUNES BUSINESS PARK, LLC AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Resolution No. 2006- Parcel Map No. 31143, The Dunes Business Park Adopted: March 7, 2006 Page 2 Section 1. The final map for Parcel Map 31143 is conditionally approved provided the subdivider submits all required items on or before Apri16, 2006. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative Parcel map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Parcel Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on April 6, 2006. 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 N Resolution No. 2006- Parcel Map No. 31143, The Dunes Business Park Adopted: March 7, 2006 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7`" day of March 2006, 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 ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 5 ATTACHMENT 1 0 0 z o r1 oL1 01 *1S NOSd3JAP w c 'ad SrflVd 3Nna � [Z- z Z 1S S Wdad Q H ' 1S N OiD N I H S`dM ~ 'da d3MOHN3SI3 I i 76 ATTACHMENT 2 t 4� all kkit LIIItvi its �sk I I a loll, ®� o M 0 N 133�/1S NOS?13.��3/' ►� h = � — Gaaiwr w.w''MoaW �nr�ar w�sMav — _� _ Q Q o ilk 1 11 %got i o� 1 �1b : 1 j 1 all � I � °` 1 rq LY I 0 It co z i 5VA z1 - 11 oo 1 LLI ,� (ae�aatN .aa+n R%W*t7VAw7tn7 t O , 1 — 1i- — — _1►7MI — — — — R melt 1yt 7 M / , Q It i;j U gk a9 411:III xc — — 6a wwt �aoriar! .+�rar s✓rersat � I GVOY Sw7dd 3Nna AV-r&ri awe s>v mow iMO s UT wa aw spW s m It I is 1 1r - - - - - - - - - - - - - - - - - - - - - I O 1 I I 1 1 •- a , �� 1 1 1 1 _ 1 �J o A AILUMM :. 1 ' a ' 117 1 � 1 W 1 Q IRE Y ; ,malt �aaow 1 I I V) _ WT ®' i ; 1 Alp , 1 1 1 ' A � 1 i _. ,, \ it rff .aar — Arson /.SPAR#M ll�l 1 I 1 1 � I � I 1 � � I I Ii. 79 ATTACHMENT 3 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP NO. 31143 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 1 20 by and between THE DUNES BUSINESS PARK, 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 PARCEL map (the Map,) of a unit of land in the City of La Quinta Y Count of Riverside, which unit of land is known asPARCEL No. 31143 (the "PARCEL") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. 10 1 or 7 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or PARCEL map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map,; I PARCEL map or waiver of PARCEL map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal 1 1 2 of 7 of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, bythe City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final �+ acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for 12 performance of work or provision of materials under the terms of the warranty, warranty 3 of 7 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final 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 83 by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 13 4 of 7 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severabi&. 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. 14 5 of 7 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY ADDRESS: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk Date Developer Address: The Dunes Business Park i LkC, (,mac ,,, �e Attention: Mr. Jeffrey Lowden Date Title. By: Title: Reviewed and Approved: City Engineer Approved as to Form: Date Date n PW 61) City Attorney uate Exhibit A 6 of 7 15 �®���LE®G� CAL1F®R '1.� ,ALL-PURP0VZ-E AC�:1 as'T State of California ss. County of Loz L-5 IF On QO before me, Date Name and Title of Officer (e.g., "Jane Doe, No ary ublic") personally appeared , , L_" " � ', - I Name(s) of Signer(s) MATTHEW S. DAVISH Commission, # 1537623 Q ' Notary Public - California z Los Angeles County Low - I ,•" " My Comm. Expires Dec 23, 2008 Place Notary Seal Above ,Ci proved to me on the basis of satisfactory evidence to be the personV) whose name) is/are subscribed to the within instrument and acknowledged to me that he/aheA4e'y executed the same in his/he4Wretr authorized capacity(Ws), and that by his/be;#heir signature(4 on the instrument the personA, or the entity upon behalf of which the personA acted, executed the instrument. WITNESS my h — Signdfurta e of Noublic :A �Ta�IVi4L. 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 Title or Type of Document: _ Document Date: R- l(,�)©s Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact Top of thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: �J Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: �J Ow Top of thumb here © 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1-800-876-6827 16 SECURITY — PARCEL MAP NO. 31143 ON -SITE IMPROVEMENTS Improvements designated as Participatory have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the PARCEL and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required PARCEL improvements are complete and accepted by the City Council. Improvement Description Performance Grading $ 71,231 $ Drainage $ 97,690 $ Domestic Water $ 288,648 $ Parking Lot $ 488,170 $ Sanitary Sewer $ 57,765 $ Monumentation $ 5,000 $ Totals Standard 10% Contingency Total Construction Cost Professional Fees, Design 10% Professional Fees, Const 10% Bond Amount $ 1,008,504 $ $ 100,850 $ $ 1,109, 354 $ $ 110,935 $ $ 110,935 $ $ 1,331,224 $ Labor & Materials 71,231 97,690 288,648 488,170 57,765 1,003,504 100,350 1,103,854 110,385 110,385 1,324,624 7 of 7 17 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP NO. 31143 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 by and between THE DUNES BUSINESS PARK, 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 PARCEL map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as PARCEL No. 31143 (the "PARCEL") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as warranty security, shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. 18 1 of 7 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued 5y a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or PARCEL map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, PARCEL map or waiver of PARCEL map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal 19 2 of 7 of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in. Paragraph 5) of SECTION 3.13., 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 Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for 20 performance of work or provision of materials under the terms of the warranty, warranty 3 of 7 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final 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 91 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. 21 4 of 7 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. �. A, 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. 22 5 of 7 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY ADDRESS: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk Date Developer Address: The Dunes Business Park (- 010 Palm DeseFl, —9z-zvT— Attention: Mr. Jeffrey Lowden By: e-� Date Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: Date Date City Attorney Date 6of7 23 CALIFOR-AA ALL-PURPOI J-2 A►C-K: r®�. -LEDG ,� , ! T State of California ss. County of�0,3 �W/ra On �0,1114 /XPI QDQ5, before me, ✓ 1 C , Date Name and Title of Officer (e.., "Jane Doe, 1oj Public") personally appeared Lw�e" I MATMEW S. DAVISii Commission, # 1537623 a Notary Public -California Z s �� Y Los Angeles County `'"` • ' My Comm. Expires Dec 23, 200ii j Name(s) of Signer(s) -�'j5roved to me on the basis of satisfactory evidence to be the person whose name�A is/afe subscribed to the within instrument and acknowledged to me that he/efle hey executed the same in his/he644ek authorized capacity�g), and that by his/hefA4e* signatureo on the instrument the personK or the entity upon behalf of which the persona acted, executed the instrument. WITNESS my h nd eal. Place Notary Seal Above ignature of No Public J..Aa�T�e�J/ V�9/� 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 Poqume t Title or Type of Document: V W&1614Sc� Document Date: g' S' ac65 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual Corporate Officer — Title(s): Partner — ❑ Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: k3lGFi�HU1JI Bi?E31A1 ,SIGNEFj, p of thumb here Signer's Name: 1 Individual Corporate Officer — Title(s): Partner — ❑ Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: MAMMM71", Top of thumb here _ © 2004 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1-800-876-6827 �� f 24 Exhibit A SECURITY — PARCEL MAP NO. 31143 OFF -SITE IMPROVEMENTS Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the PARCEL and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required PARCEL improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Hwy 111 Street Improvements $ 68,495 $ 68,495 Storm Drain $ 15,400 $ 15,400 8ft Meandering Sidewalk $ 1,860 $ 1,860 Landscaping $ 26,000 $ 26,000 Relocate Existing Poles $ 45,000 $ 45,000 Totals $ 156,755 $ 156,755 Standard 10% Contingency $ 15,676 $ 15,676 Total Construction Cost $ 172,431 $ 172,431 Professional Fees, Design 10% $ 17,243 $ 17,243 Professional Fees, Const 10% $ 17,243 $ 17,243 Bond Amount $ 206,917 $ 206,917 25 7 of 7 a, c4j Sep M of T AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: March 7, 2006 BUSINESS SESSION: ITEM TITLE: Approval of an Amendment to the CONSENT CALENDAR: Professional Services Agreement for Traffic Engineering Services, Traffex Engineers, Inc. STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Authorize the City Manager to enter into an Amendment to Professional Services Agreement for the period of one (1) year with Traffex Engineers, Inc. in an amount not to exceed $60,000, to provide traffic engineering services. FISCAL IMPLICATIONS: The Fiscal Year 2005/2006 budget contains $60,000 in Account Number 101- 7002-431 .32-10 for contract traffic engineering services. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On April 15, 2003, the City Council approved a one (1) year PSA with Traffex following receipt and review of nine (9) proposals from consulting traffic engineers in accordance with City Council Resolution 96-80. On April 14, 2004, the City Council approved a two (2) year PSA with Traffex to continue providing traffic engineering services to the City. This PSA will expire on April 14, 2006, or sooner, if the contract amount of $120,000 is exceeded prior to that date. As of February 1, 2006, payments in the amount of $109,51 1 have been made to Traffex for traffic engineering services. At the current rate of expenditure, it is likely the contract amount will be exceeded prior to April 14, 2006. The Public Works Department is in the process of recruiting for a full-time Traffic Engineer. Staff anticipates that the position will be filled within the next 2-3 months. In the interim, it is staff's desire to continue to utilize the services of Traffex until a full-time traffic engineer has been hired. Staff anticipates a transition period between Traffex and the new traffic engineer; therefore, staff is proposing an amendment to the 9G S:\CityMgr\STAFF REPORTS ONLY\3-7-06\C8 Traffex.doc PSA (Attachment 1) extending the term of the Traffex contract for one additional year in an amount not to exceed $60,000. The amended PSA would extend the term to April 14, 2007, with the City reserving the right to terminate the Agreement at any time upon thirty days' written notice to Traffex. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the City Manager to enter into an Amendment to Professional Services Agreement for a period of one (1) year with Traffex Engineers, Inc., in an amount not to exceed $60,000, to provide traffic engineering services; or 2. Do not authorize the City Manager to enter into an Amendment to Professional Services Agreement for a period of one (1) year with Traffex Engineers, Inc., in an amount not to exceed $60,000, to provide traffic engineering services; or 3. Provide staff with alternative direction. Respectfully submitted, 4 00* Timothy R. Jonasson, P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Amendment to Professional Services Agreement 9 2 S:\CityMgr\STAFF REPORTS ONLY\3-7-06\C8 Traffex.doc AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT TO AGREEMENT FOR CONTRACT SERVICES (the "Amended Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and Traffex Engineers, Inc. ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Amended Agreement, Consultant shall provide those services related to Traffic Engineering Services as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal. State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Amended 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 Amended Agreement. 1.4 Familiarity with Work. By executing this Amended 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 Amended Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Amended Agreement to furnish continuous protection to the work performed by r materials, papers and other components thereof to Consultant, and the equipment, t p p p Page 1 of 15 3 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 Amended Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Amended Agreement, if any, which are made a part hereof are set forth in Exhibit "Y (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Amended Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Amended Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Sixty Thousand Dollars ($60,000) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Amended Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Amended Page 2 of 15 4 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 Amended Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Amended 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 Amended 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 Amended Agreement. 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Amended Agreement, this Amended Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Nazir Lalani, P.E. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Amended Agreement. Therefore, the foregoing principals shall be responsible during the term of this Amended Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. Page 3 of 15 5 The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy Jonasson, Public Works Director/City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Amended Agreement. Except as set forth in this Amended 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 Amended Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Amended 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 Amended 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 Page 4 of 15 6 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 Less than $50,000 $ 50, 000 - $300,000 Over $300,000 Personal Injury/Property Damage Coverage $100,000 per individual; $300,000 per occurrence $250,000 per individual; $500,000 per occurrence $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 Amended 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 Amended Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. The Consultant shall defend, indemnify and hold harmless the City, its officers, officials, employees, representatives and agents, "City indemnitees," from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by the City) ("claims") and for errors and omissions committed by Consultant, its officers, anyone directly or indirectly employed by Consultant, any subcontractor,: Page 5 of 15 7 other adversarial proceeding in any way involving such claims, Consultant shall provide a defense to the City indemnitees, or at the City's option, reimburse the City indemnitees their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition, Consultant shall be obligated to promptly pay any final judgment or portion thereof rendered against the City indemnitees. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Amended Agreement. b. Order Consultant to stop work under this Amended Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Amended 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 Amended 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 Amended 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 Amended Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Amended Agreement, shall be the property of City and shall be Page 6 of 15 8 delivered to City upon termination of this Amended Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Amended 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 AMENDED AGREEMENT. 7.1 California Law. This Amended 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 Amended 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 Amended 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 Amended 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 Amended Agreement without cause pursuant to Section 7.8. 4 Page 7 of 15 9 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 Amended 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 Amended Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Amended 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 Amended Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Amended Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Amended Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Amended 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 Amended 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. Page 8 of 15 10 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Amended 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 Amended Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Amended Agreement nor shall any such officer or employee participate in any decision relating to the Amended 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 Amended 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 Amended Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: To Consultant: CITY OF LA QUINTA Traffex Engineers, Inc. Attn: Thomas P. Genovese, City Manager Attn: Nazir Lalani, P.E. 78-495 Calle Tampico P.O. Box 5784 P.O. Box 1504 Ventura, CA 93005-0784 Page 9 of 15 11 La Quinta, CA 92253 9.2 Integrated Amended Agreement. This Amended Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Amended Agreement. 9.3 Amendment. This Amended 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 Amended 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 Amended 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 Amended Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Amended Agreement on behalf of said parties and that by so executing this Amended Agreement the parties hereto are formally bound to the provisions of this Amended Agreement. .1C'7 Page 10 of 15 12 IN WITNESS WHEREOF, the parties have executed this Amended Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Date: Don Adolph, Mayor ATTEST: June Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT - Traffex Engineers, Inc. Name: Nazir Lalani Title: Principal Associate Date: Page 11 of 15 13 Exhibit A Scope of Services As directed by City staff, Traffex Engineers, Inc. shall provide traffic engineering services for the City to include, but not be limited to, the following: 1) Identify and develop solutions for and advise City staff on potential traffic safety issues. 2) Oversee traffic signal design and operation. 3) Develop traffic and parking control signage and marking plans. 4) Develop alternative traffic calming programs. 5) Review development plans including environmental impact reports and impact studies for potential traffic issues and advise City on possible solutions. 6) Represent Public Works at City Council and Planning Commission if requested. 7) Review traffic collision and other police reports and advise City staff on traffic issues involved. 8) Assist City in preparing informational brochures for the public. 9) If requested, assist City in preparing an annual traffic safety report. 10) Mentor City's traffic technician on data collection, report preparation and signal/striping plan layout. Page 12 of 15 14 Exhibit B Schedule of Compensation Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Amended Agreement. Total compensation for all work under this contract shall not exceed Sixty Thousand Dollars ($60,000) except as specified in Section 1.6 - Additional Services of the Amended Agreement. Professional Staff Firm Principal Associate Schedule of Billing Rates Hourly Rates $145.00 Upon receipt by City and under separate invoice, the Consultant shall provide the traffic engineering support services at the following rates: Support Staff Engineer Drafter/Technician Secretary Reimbursable Items Hourly Rates $100.00 $75.00 $ 50.00 Travel, subsistence, reproduction, telephone, supplies and other non -wage costs directly related to the project will be billed at cost. I r) Page 13 of 15 15 Exhibit C Schedule of Performance The Contract period for traffic engineering services shall be twelve months from the date of this Contract, unless extended by amendment by the City. ill Page 14 of 15 16 Exhibit D Special Requirements None. Page 15 of 15 17 CU y'`c 9tis� AGENDA CATEGORY: OF fKti COUNCIL/RDA MEETING DATE: March 7, 2006 BUSINESS SESSION: CONSENT CALENDAR: ITEM TITLE: Approval of Restructuring Advances between the City of La Quinta and the La Quinta STUDY SESSION: Redevelopment Agency PUBLIC HEARING: RECOMMENDATION: Approve the restructuring of advances between the City of La Quinta and the La Quinta Redevelopment Agency (RDA) Project Areas 1 and 2 as outlined in Attachments 1 and 2. FISCAL IMPLICATIONS: Staff has conducted a financial analysis of the outstanding advances between the City and the RDA and believes that the restructuring will result in a greater likelihood of repayment of both principal and interest. The restructuring would result in the payment, on April 1, 2006, to the City of a total of $5,691,347, consisting of $2,982,763 from Project Area 1, and $2,708,584 from Project Area 2. In addition, the City would receive $2,020,000 annually in interest on the outstanding advance balances. With the reduction of principal, the amount of future interest earnings on these advances in future years is reduced. Repayment of the outstanding RDA 1 advances of $12,000,000 would begin FY 2030/2031 through FY 2033/2034 with the City receiving $3,000,000 annually for the four fiscal years. The repayment date may have to be adjusted if the Agency reaches its maximum tax increment limit of $2,000,000,000 prior to these scheduled repayments. Repayment of the outstanding RDA 2 advances of $10,000,000 would begin FY 2035/2036 through FY 2038/2039 with the City receiving $2,500,000 annually for the four fiscal years. The repayment date may have to be adjusted if the Agency reaches its maximum tax increment limit of $1,500,000,000 prior to these scheduled repayments. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Beginning in FY 90/91, the City has from time to time advanced funds to the RDA to construct projects in the RDA project areas. The interest on these advances has been either 7% or 10% with no specific repayment date during the life of the redevelopment plan. The restructuring would either repay the principal and/or interest on the advances, or convert outstanding interest into principal and result in $2,020,000 in interest being paid by the RDA to the City. After the restructuring, RDA Project Area 1 would have a $6,000,000 advance at 10% and a $6,000,000 advance at 7% while RDA Project Area 2 would have a $10,000,000 advance at 10%. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the restructuring of advances between the City of La Quinta and the La Quinta Redevelopment Agency (RDA) Project Areas 1 and 2 as outlined in Attachments 1 and 2; or 2. Do not approve the restructuring of advances between the City of La Quinta and the La Quinta Redevelopment Agency (RDA) Project Areas 1 and 2 as outlined in Attachments 1 and 2; or 3. Provide staff with alternative direction. Respectfully submitted, L� John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Proposed Restructuring of RDA Project Area 1 Advances 2. Proposed Restructuring of RDA Project Area 2 Advances 2 ATTACHMENT 1 Proposed Restructuring of RDA Project Area 1 Advances from General Fund Principal FY 05/06 Net Beginning Additions Deletions Ending Change RDA 1 - 10% 3,289,036 2,710,964 6,000,000 2,710,964 RDA 1 - 7% 2003 6,000,000 6,000,000 0 RDA 1 - 7% 2005 442,928 (442,928) 0 (442,928) RDA 1 - 7% 2006 273,000 (273,000) 0 (273,000) 9,731,964 2,983,964 (715,928) 12,000,000 1,995,036 Interest FY 05/06 Net Beginning Additions Deletions Ending Change RDA 1 - 10% 3,242,933 639,898 (3,882,831) 0 (3,882,831) RDA 1 - 7% 2003 749,859 451,896 (1,201,755) 0 (1,201,755) RDA 1 - 7% 2005 2,584 23,389 (25,973) 0 (25,973) RDA 1 - 7% 2006 0 9,555 (9,555) 0 (9,555) 3,995,376 1,124,738 (5,120,114) 0 (5,120,114 Total 13,727,340 4,108,702 (5,836,042) 12,000,000 (3,125,078) Principal Annual Interest RDA 1 - 10% 6,000,000 600,000 RDA 1 - 7% 2003 6,000,000 420,000 12,000,000 1,020,000 This action would result in the repayment of $2,982,763 as follows: RDA 1 - 10% RDA 1 - 7% 2003 RDA 1 - 7% 2005 RDA 1 - 7% 2006 1,171,867 1,059,440 468,901 282,555 2,982,763 The RDA 1-7% 2003 loan was previously repaid the LAIF rate in accordance with the advance agreement earlier in FY 05/06 RDA 1 - 7% 2003 142,315 3 I- N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LO (O (O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O oc N O O O O O O O O O O O O O O O O O O O O O Cl O O O O O O r- 00 M O O O O O O O O O O O O O O O O O O O O O O O O O LO O LO �MOtn NNNNNNNNNNNNNNNNNNNNNNNNN(fl�U') O LO 01-000) 00000000000000000000000001`LON N- �'djc�MM CO d M' 0 0 0 0 O Q 0)�� O O O O 0 VT- M<n 0000 F-Q CMO OOOO a I-- 0) I` •` a ai C4 crS c6 aS ri 00oo000o0O0000O000O0O0oo000o LO a. M 00 0 0 0 o O O o 0 0 O 0 0 0 0 o O O O o 0 0 0 0 0 0 O 0 0 00N 0000000000000000000000000000 �- N L Nf,: OOOOOOOOOOOOOOOOOOOOOOOO&Ld&L) O Q O o0M NNNNNNNNNNNNNNNNNNNNNNNNN(fl�� a C 00N Oo0000000000000000000000or-LnN cM c- s- e- c- c- r- c- �- c-c- e- ,r: (N O O N O Co O O O O O O O O O O O O O O O O O O O O O O O O O O N O S O O O O O O O O O O O O O O O O O O O O O O O O O O O O It 00 M O N O O O O O O O O O O O O O O O O O O O O O O O O O O O O N f`LO NNNNNNNNNNNNNNNNNNNNNNNNN�-�O CC) tl-(D CO M 0NO ttd'Itv�tv�tvd•'td•ItvIT�Iqv'a•I'd' V'I'lq'It0 F- - cli 00 O coO O O O N O N O O O O ' c .- QOOO 0000 f-Q UNM<p 0000 Ci c qr I'-T LO LO �n LO L LIq N I - a �- 0 0 0 Co 0 0 0 Cl 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O IT 00 �. cl 0 0 0 0 0 0 0 0 0 0 0 Cl 0 Cl 0 0 0 NC) O_O O_OO_O O OO_O O_O O_O_O O O Q O O_O_O_O 0 0 0 0 N r r- OOOOO_OOOO_OOOOOOOOOOOOOOOOI.)oU) f� Q O M N N N N N N N N N N N N N N N N N N N N N N N N N v- � 0 (O IL N `7d'ItvggITITIT q I- qd :td d �i J,V q d' V'qITVItMN— M N co tiO O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 CM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 cri r- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .-001'- OOOOOOOOOOOOOOOOOOOOOOOO(DmCoL) 0CN (0 (0 w w w wwco(fl(OO(fl(D(O(D(0(0(D(O(D(O(O(O(Or- m w 0 F- M - N M 00 N 00 f- ^^ O O O O MO O O O O 76 O � O O O O o `N-N a c) -�-��- r- OOOOOOOOOo0000oO000oa0000000 �- cM O O O O O O O O O O O O O O O O O O O O O O O O O O O O M 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 N N 0 0 0 0 0 0 0 C) 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N r- 00 0000000000000000000000000tf)Otn Q (D (D (D CO tD (� (O (� (D (D (D CO 00 1` (D 00 (D (D (� (� (0 CO CO (O (O CO CO (D a C C7 0) cc U) U) O O L}L LLLL C C C O f--000Or-NMgu)(Of-coo)C) NM V Lo(flti000)OT-NMIT 000NNNNNNNNNMMMMM N'0 (1) (Of-0000NMIT U)(OI-000)0r-Ncy)gLO (Of-0000NM mQo OOOOT-- T—r- �T-r'r'NNNNNNNNNNMMMM IIU, 4 RDA 1 -10% Cumulative I Cumulative 0 0 O 0 83/84 0 0 0 0 84/85 0 0 0 0 0 85/86 0 0 p 0 0 86/87 0 0 0 0 0 87/88 0 0 0 0 0 88/89 0 0 0 p 0 89/90 0 0 1,04 4,274 1,044,274 1,044,274 0 1,044,274 90/91 91 /92 1,044,274 1,627,728 2,672,002 2,672,002 120,333 0 0 2,672,002 120,333 92193 2,672,002 (2,551,669) 120,333 p p p 0 93/94 120,333 (120,333) 2,340,443 2,340,443 0 2,340,443 94/95 0 2,340,443 234,044 2,574,487 2,340,443 234,044 2,574,487 95/9 96/97 2,340,443 2,574,487 841,320 234,045 3,649,852 3,181,763 3,181,763 468,089 833.074 3,649,852 4,014,837 97/9g 7/98 3,649,852 3,649,852 364,985 200,742 4,014,837 4,215,579 3,181,763 1,033,816 4,215,579 98/gg 12/3 /98 (800,000) 3,415,579 3,181,763 233,816 3,415,579 12- 4,014,837 579 170,779 3,586,358 3,181,763 404,595 3,586,358 B/99 - 1/1/99-6/30/9 3,415,579 239,088 3,825,446 3,181,763 643,683 3,825,446 7/1/99 - 2/29/00 3/1/00 - 2/29100 3,586,358 3,586,358 3,825,446 107,273 123,120 4,055,839 3,289,036 3,289,036 766,803 1,172,387 4,055,839 4,461,423 7/1 /00 - 6/30/01 405,584 446,142 4,461,423 4,907,565 3,289,036 1,618,529 4,907,565 7/1/01-6/30/01 4,05 ,839 490,757 5,398,322 3,289,036 2,109,285 5,398,322 7/1/02 - 6/30/02 4,461,423 4,907,565 539,832 5,938,154 3,289,036 2,649,118 5,938,154 7/1/03-6/30/03 593,815 6,531,969 3,289,036 3.242,933 6,531,969 711/03 - 6/30/04 5,398,322 154 489,898 7,021,867 3,289,036 3,732,831 7,021,867 7/1/05-3/31/06 6,531,969 7,021,867 7,021,867 2,710,964 (3,732,831) 6,000,000 6,000,000 (0) 6,000,000 6,150,000 3/31/06 3/11/0 6/30/06 411/066 150,000 6,150,000 6,000,000 6,000,000 6,000,000 150,000 (0) 6,000,000 6130/0-6/30/07 6,000,000 (160,000) 600,000 6,600,000 6,000,000 600,000 6,600,000 6,150,000 600,000) 6,000,000 6,000,000 (0) 6,000,000 00, 600,000 6,600,000 6,000,000 600,000 6,600,000 07/08 6,600,000 6,600,000 (600.000) 6,000,000 6,000,000 6,000,000 (0) 600,000 6,000,000 6,600,000 08/09 6,000,000 600,000 (600,000) 6,600,000 6,000,000 6,000,000 (0) 6,000,000 6,600,000 600,000 6,600,000 6,000,000 600,000 6,600,000 09/10 6,000,000 6,600,000 600,000) 6,000.000 6,000,000 6,000,000 (0) 600,000 6,000,000 6,600,000 10/11 6, 000,000 600.000 (600,000) 6,600,000 6,000,000 6,000,000 (0) 6,000,000 6,000,000 600,000 6,600,000 6,000,000 600,000 6,00,000 11/12 6,000,000 6600000 (600,000) 6,000,000 6,000,000 (0 ) 600,000 6,0000,000 6,600,000 12/13 6 00 000 600,000 (600,000) 6,600,000 6,000.000 6,000,000 6,000,000 (0) 6,000,000 13/14 6,600,000 6,000,000 600,000 6,600,000 6,000,000 6,000,000 600,000 (0) 6,600,000 6,000,000 6,600,000 (600,000) 600,000 6,000,000 6,600,000 6,000,000 600,000 6,600,000 14/15 0 6,000,000 00 000 6 (600,000) 6,000,000 6,000,000 6,000,000 (0) 600,000 6,000,000 6,600,000 15/16 6,600,000 600,000 (600,000) 6,600,000 6,000,000 6,000,000 (0) 6,000,000 18ry7 6,600,000 6,000,000 600,000 6,600,000 6,000,000 600,000 (0) 6,600,000 6,000,000 6,600,000 (600,000) 600,000 6,000,000 6,600,000 6,000,000 6,000,000 600,000 6,600,000 17/18 6,000,000 6,600,000 (600,000) 6,000,000 6,000.000 6,000,000 (0) 600.000 6,000,000 6,600,000 18/19 6,000,000 600,000 (600,000) 6,600,000 6,000,000 6,000,000 (0) 6,000,000 19/20 6,0 6,600,000 00,000 600,000 6,600,000 6,000.000 600,000 (0) 6,600,000 6,000,000 6,600,000 (600,000) 600,000 6,000,000 6,600,000 6,000,000 6.000,000 600,000 6,600,000 20/21 6,000,000 6,600.000 (600,000) 6,000,000 6,000,000 6,000,000 (0) 600,000 6,000,000 6,600,000 21/22 6,000,000 600,000 (600,000) 6,600.000 6,000,000 6,000.000 (0) 6,000,000 22/23 6,600,000 00 Opp 6,000,000 0 600,000 6,600,000 6,000,000 600,000 (0) 6,600,000 6,000,000 6, 00,000 (600,000) 600,000 6,000,000 6,600,000 6,000,000 6,000,000 600,000 6,600,000 23/24 6,600,000 s00,000) 6,000,000 6,000,000 (0) 6,000,000 24/25 6 600,000 600,000 6,600,000 6,000,000 6,000.000 6,000,000 600,000 (0) 6,600,000 6,000,OOp 6,600,000 600.000) 600,000 6,600,000 6,000,000 600,000 6,600,000 25/26 6,000,000 6,600,000 (600,000) 6,000,000 6,000,000 6,000,000 (0) 600,000 6,000,000 6,600,000 26127 6,000,000 600,000 (600,000) 6,600,000 6,000,000 6,000,000 (0) 6,000,000 27/28 6,600,000 6,000,000 600,000 6,600,000 6,000,000 600,000 (0) 6,600,000 6,000,000 6,600,000 (600,000) 600,000 6,000,000 6,600,000 6,000,000 6,000,000 600,000 6,600,000 28/29 6,000,000 6,600,000 (600,000) 6,000,000 6,000,000 (0) 6,000,000 29/30 6,000,000 600,000 6,600,000 6,000,000 6,000,000 600,000 (0) 6,600,000 6,000,000 6,600,000 6,000,000 (1,500,000) (600,000) 600,000 6,000,000 5,100,000 4,500,000 600,000 5,100,000 30/31 5,100,000 (600,000) 4,500,000 4,500,000 3,000,000 (0) 450,000 4,500,000 3,450,000 31/32 4,500,000 (1,500,000) 450,000 (450,000) 3,450,000 3,000,000 3,000,000 (0) 3,000,000 32/33 3,450,000 3,000,000 (1,500,0 00) 300,000 1,800,000 1,500,000 300,000 (0) 1,800,000 1,500,000 1, 00,000 (300,000) 1,500,000 1,500,000 0 150,000 150,000 33134 1,800,000 (1,500,000) 150,000 150,000 0 (0) (0) 150,000 (150,000) 0 5 RDA 12003 - 7% 7.00% Interest Interest Cumulative Cumulative FY Beginning Balance Principal Earned Paid Endinq Balance Principal Interest Total 4/1/03 - 6/30/03 0 6,000,000 105,000 (126,374) 6,105,000 5,978,626 6,000,000 6,000,000 105,000 (21,374) 6,105,000 5,978,626 7/31103 6,105,000 418,504 6,397,130 6,000,000 397,130 6,397,130 7/1/03 - 6/30/04 5,978,626 (88,850) 6,308,280 6,000,000 308,280 6,308,280 7/31/04 6,397,130 441,580 6,749,859 6,000,000 749,859 6,749,859 7/1/04 - 6/30/05 6,308,280 (142,315) 6,607,545 6,000,000 607,545 6,607,545 7/31/05 6,749,859 346,896 6,954,441 6,000,000 954,441 6,954,441 7/1105-3/31/06 6,749 6,607,859 (954,441) 6,000,000 6,000,000 (0) 6,000,000 3/31106 4/1/06-6/30/06 ,541 6,000,000 105,000 6,105,000 6,000,000 6,000,000 105,000 (0) 6,105,000 6,000,000 6/30106 6,105,000 (105,000) 420,000 6,000,000 6,420,000 6,000,000 420,000 6,420,000 7/1/06-6/30/07 6,000,000 (420,000) 6,000,000 6,000,000 (0) 6,000,000 07/OS 6,420,000 6, 000,000 420,000 6,420,000 6,000,000 6,000,000 420,000 (0) 6,420,000 6,000,000 6,000,000 (420,000) 420,000 6,000,000 6,420,000 6,000,000 420,000 6,420,000 08/09 6,000,000 6,420,000 (420,000) 6,000,000 6,000,000 (0) 6,000,000 09/10 6, 000,000 420,000 6,420,000 6,000,000 6,000,000 6,000,000 420,000 (0) 6,420,000 6,000,000 6,000,000 (420,000) 420,000 6,420,000 6,000,000 420,000 6,420,000 10/11 000,000 6,000,000 (420,000) 6,000,000 6,000,000 6,000,000 (0) 420,000 6,000,000 6,420,000 11/12 6,000,000 420,000 (420,000) 6,420,000 6,000,000 6,000,000 (0) 6,000,000 12/13 6,420,000 6,42000,000 420,000 6,420,000 6,000,000 6,000,000 420,000 (0) 6,420,000 6,000,000 6, (420,000) 00 6,000,000 6,420,000 6,000,000 420,000 6,420,000 13/14 6,420,0000,000 6,420,000 (420,000) 6,000,000 6,000,000 6,000,000 (0) 420,000 6,000,000 6,420,000 14/15 6,000,000 420,000 (420,000) 6,420,000 6,000,000 6,000,000 (0) 63000,000 15/16 6,00420,000 6, 420,000 6,420,000 6,000,000 420,000 (0) 6,420,000 61000,000 6,000,000 0,000 (420,000) 6,000,000 6,420,000 6,000,000 6,000,000 420,000 6.420,000 16/17 000,000 6,000,000 420,000 (420,000) 6,000,000 6,000,000 (0) 6,000,000 17118 6,000,000 420,000 6,420,000 6,000,000 6,000,000 420,000 (0) 6,420,000 6,000,000 6,420,000 (420,000) 420,000 6,000,000 6,420,000 6,000,000 420,000 6,420,000 18/19 6,000,000 6,420,000 (420,000) 6,000,000 6,000,000 (0) 61000,000 19/20 6,000,000 420,000 6,420,000 6,000,000 6,000,000 6,000,000 420,000 (0) 6,420,000 6,000,000 6,420,000 420,000) 420,000 6,420,000 6,000,000 420,000 6,420,000 20/21 6,000,000 6,00 (420420, 6,000,000 6,420,000 6,000,000 6,000,000 (0) 420,000 6,000,000 6,420,000 21122 6,420,0000,000 00000) (420,000) 6,000,000 6,000,000 (0) 6,000,000 22/23 6,420,000 6,000,000 420,000 6,420,000 6,000,000 420,000 (0) 6,420,000 6,000,000 6,420,000 (420,000) 6,000,000 6,420,000 6,000,000 6,000,000 420,000 6,420,000 23/24 6,000,000 6,420,000 420,000 (420,000) 6,000,000 6,000,000 (0) 6,000,000 24/25 6,000,000 420,000 6,420,000 6,000,000 6,000,000 6,000,000 420,000 (0) 6,420,000 6,000,000 6,00420,000 (420420,000) 420,000 6,420,000 6,000,000 420,000 6,420,000 25/26 6,000,000 0,000 000) 6,000,000 6,000,000 (0) 6,000,000 26/27 6,000,000 420,000 6,420,000 6,000,000 420,000 (0) 6,420,000 6,000,000 6,420,000 (420,000) 420,000 6,000,000 6,420,000 6,000,000 6,000,000 420,000 6,420,000 27/28 000,000 6,420,000 (420,000) 63000,000 6,000,000 (0) 6,000,000 28/29 000,000 6,000,000 420,000 6,420,000 6,000,000 6,000,000 6,000,000 420,000 (0) 6,420,000 6,000,000 (420,000) 420,000 6.420,000 6,000,000 420,000 6,0003000 29/30 6,000,000 6,420,000 (420,000) 6,000,000 6,000,000 (0) 6,000,000 30131 6,000,000 (1,500,000) 420,000 4,920,000 4,500,000 4,500,000 420,000 (0) 4,920,000 4,500,000 4,920,000 4,500,000 (1,500,000) (420,000) 315,000 41500,000 3,315,000 3,000,000 315,000 3,315,000 31/32 3,315,000 (315,000) 3,000,000 1,710,000 3,000,000 1,500,000 (0) 210,000 3,000,000 1,710,000 32/33 3,000,000 (1,500,000) 210,000 (210,000) 1,500,000 1,500,000 (0) 1,500,000 33/34 1,710,000 1,500,000 (1,500,000) 105,000 105,,000 00 105,,000 105,,000 105.000 105,000 L N V-- O p tt C O C F- Iq (O d. Iq N > +� ti L- N c tf) Cr� Cl O CV N U a — >_ ca ao ao N U O O = C N N :3 d d U U C CV t[) V-- O o LO � O O Cl IZ (0 Iq Iq C W M a) � M CD C N N N , Nco N U O O Iq me N U C m m O to O� C O LO O O CI Iq IT co 0 o O O _cy) o cc Q>-(0co w Q U- I I M 'n O O O M ti ti � J 7 0 0 42 Y 0 _ - p LO N O O �- 00 N a) cn LO LO O O = E C O U > CU O �. � � O M O CD a. N U a) U C w LO (a mcm LO N O O C 00 N C W cn �n LO a) � O c cr m o 0 OC �. N CM a) U c cu m m to O c O N O 'E = 00 N co O w r 0- CO to O _M M L.L Q U-) M s.► LY M O \O r r O r 8 ATTACHMENT 2 Proposed Restructuring of RDA Project Area 2 Advances from General Fund Principal FY 05/06 Net Beginning Additions Deletions Ending Change RDA 2 -10% 6,308,514 3,691,486 10,000,000 3,691,486 RDA 2 - 7% 5,800,000 (5,800,000) 0 (5,800,000) 12,108,514 3,691,486 (5,800,000) 10,000,000 2,108,514 Interest FY 05/06 Net Beginning Additions Deletions Ending Change _ RDA 2 - 10% 5,280,866 1,119,204 (6,400,070) 0 (6,400,070) RDA 2 - 7% 406,000 85,900 (491,900) 0 (491,900) 5,686,866 1,205,104 (6,891,970) 0 (6,891,970) Total 17,795,380 4,896,590 (12,691,970) 10,000,UUU (V,uuu,404) RDA 2 - 10% RDA 2-7% Principal Annual Interest 10,000,000 1,000,000 0 0 10,000,000 1,000,000 This action would result in the repayment of $2,708,584 as follows: RDA 2 -10% 2,708,584 2,708,584 The RDA 2-7% was previously repaid from the sale of the Hammer property earlier in FY 05/06 RDA 2 - 10% 6,291,900 6,291,900 0 a co � o00000000000000000000000000000000 0 v o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w0 v o00000000000000000000000000000000 0 �0 O 000000000000000000000000000000000 0 0 000000000000000000000000000000lno0 O OOOOoOOOOoOOOoOoOOOoOOOOOOOOOU)NOr� Qj r r r r r r r r r r r r r r r r r r r r r r r r r r r r r M ('M M N M O O O O O O O O (� (d oN CL L U) OOOO f- Q_ MO O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O d .` r 0 U) U) In U) a N N CV N N r N v O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p N ti N Co O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N O �? O O O O O O O O O O O O o 0 0 0 0 0 0 0 Co 0 0 0 0 0 0 0 0 0 0 0 0 p Q y r r 0 0 0 0 0 0 0 Cl 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p d «.CA p� 00000 OOo000o00000000000000000000 L C 00 o0 O O O O O O O O O O O O O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 r 0 N (D (p r r r r r r r r r r r r r r r r r r �- r r r r r r r r r r r M I a0 � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 _ co 00 O O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C U7 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0OO O O O O O O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 C 0 0 C) O O O O O 0 0 O O O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 In O Lo N0 OOO O O O O O O O O o 0 0 0 0 0 0 000000000000N01- nj r e r r r r r r r r r r r �- r r r r r r r r r r r r r r r M M M N l0� OMO 0000 N W O Q U p 0 r 00 0 0 0 rd CO O It7tnU)U) th cn N N N N a ^ O O O O O O O O O O O O O O O O O O O O O O O O O o O O O O O O O p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O N O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q 0 0 000000 0 00000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p a-0 0 000000000000000000000000000000000 _ v o 0 0 0 0 o c� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I LO N CD t- o O O O CA 6 CO C W M O T- N M'V to CD f� o0 0 0 r N M� U 1 04 N pp O O r N CM � C) ( cr) ce) � O 000===`T-"=�1NNNNNNNNNNMMMMMM(`(`MM N --— o—- O-OrNMd Z����O�NM� m r- ti O O O r r r r r r r r r r N N N N N N N N N N M M C7 M M M M M M 10 RDA 210% Advance Detail Convert $6,150,070 in interest into $3,691,486 in principal to have $10 million principal outstanding. Repay General Fund $2,458,584 in cash for interest Repay General Fund $250,000 in interest in cash for April May and June of FY 05/06 Total: At the end of FY 05/06 have $10 million in principal outstanding and repay the General Fund $2,708,584 in cash for interest Beginning in FY 35/36 repay $2.5 million principal for 4 years to retire debt FY IBeginning Balance 83/84 84/85 0 85/86 0 86/87 0 87/88 0 88/89 0 89/90 0 90/91 0 91 /92 1,628,068 92/93 3,494,495 93/94 5,171,403 94/95 4,321,796 95/96 3,708,514 96/97 4,079,365 97/98 4,450,218 98/99 - 12/31 /98 4,895,239 1 /31 /99 5,140, 001 1 /31 /99 5,182, 834 98/99 - 2/1/99 - 6/3 4,182,834 7/ 1 /99-6/30/00 4,357,119 7/1 /00-6/30/01 6,292,831 7/1 /01-6/30/02 6,922,114 8/31/02 7,614,325 9/1/02-6/30/03 8,841,231 7/1 /03-6/30/04 9,578,000 7/1 /04-6/30/05 10,535,800 7/1 /05-3/31 /06 11,589,380 3/31/06 12,458,684 4/1106-6/30/06 10,000,000 6/30/06 10,250,000 06/07 10,000,000 11,000,000 07/08 10,000,000 11,000,000 08/09. 10,000,000 11, 000, 000 09/10 10,000,000 11,000,000 10/11 10,000,000 11, 000, 000 11 /12 10,000,000 11, 000, 000 12/13 10,000,000 11, 000, 000 13/14 10,000,000 11,000,000 14/15 10,000,000 11, 000, 000 15/16 10,000,000 11, 000, 000 16/17 10,000,000 11, 000, 000 17/18 10,000,000 11,000,000 Principal Interest Ending Balance Cumulative Principal Cumulative Interest Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1,628,068 1,628,068 1,628,068 0 1,628,068 1,866,427 3,494,495 3,494,495 0 3,494,495 1,676,908 5,171,403 5,171,403 0 5,171,403 (849,607) 4,321,796 4,321,796 0 4,321,796 (613,282) 3,708,514 3,708,514 0 3,708,514 370,851 4,079,365 3,708,514 370,851 4,079,365 370,853 4,450,218 3,708,514 741,704 4,450,218 445,021 4,895,239 3,708,514 1,186,725 4,895,239 244,762 5,140,001 3,708,514 1,431,487 5,140,001 42,833 5,182,834 3,708,514 1,474,320 5,182,834 (1,000,000) 4,182,834 3,708,514 474,320 4,182,834 174,285 4,357,119 3,708,514 648,605 4,357,119 1,500,000 435,712 6,292,831 5,208,514 1,084,317 6,292,831 629,283 6,922,114 5,208,514 1,713,600 6,922,114 692,211 7,614,325 5,208,514 -2,405,811 7,614,325 1,100,000 126,905 8,841,231 6,308,514 2,532,717 8,841,231 736,769 9,578,000 6,308,514 3,269,486 91578,000 957,800 10,535,800 6,308,514 4,227,286 10,535,800 1,053,580 11, 589, 380 6,308,514 5,280,866 11, 589, 380 869,204 12,458,684 6,308,514 6,150,070 12,458,684 3,691,486 (6,160,070) 260,000 10,000,000 10,250,000 10,000,000 10,000,000 0 250,000 10,000,000 10,250,000 (250,000) 10,000,000 10,000,000 0 10,000,000 1,000,000 11, 000, 000 10, 000, 000 1,000,000 11, 000, 000 (1,000,000) 10,000,000 10,000,000 0 10,000,000 1,000,000 11,000,000 10,000,000 1,000,000 11,000,000 (1,000,000) 10,000,000 10,000,000 0 10,000,000 1,000,000 11,000,000 10,000,000 1,000,000 117000,000 (1,000,000) 10,000,000 10,000,000 0 10,000,000 1,000,000 11,000,000 10,000,000 1,000,000 11,000,000 (1,000,000) 10,000,000 10,000,000 0 10,000,000 1,000,000 11, 000, 000 10, 000, 000 1,000,000 11,000,000 (1,000,000) 10,000,000 10,000,000 0 10,000,000 1,000,000 11,000,000 10,000,000 1,000,000 11,000,000 (1,000,000) 10,000,000 10,000,000 0 10,000,000 1,000,000 11, 000, 000 10, 000, 000 1,000,000 11, 000, 000 (1,000,000) 10,000,000 10,000,000 0 10,000,000 1,000,000 11,000,000 10,000,000 1,000,000 111000,000 (1,000,000) 10,000,000 10,000,000 0 10,000,000 1,000,000 11, 000, 000 10, 000, 000 1,000,000 11, 000, 000 (1,000,000) 10, 000, 000 10, 000, 000 0 10, 000, 000 1,000,000 11,000,000 10,000,000 1,000,000 11,000, 000 (1,000,000) 10,000,000 10,000,000 0 10,000,000 1,000,000 11, 000, 000 10, 000, 000 1,000,000 11, 000, 000 (1,000,000) 10,000,000 10,000,000 0 10,000,000 1,000,000 11, 000, 000 10, 000, 000 1,000,000 11, 000, 000 (1,000,000) 10, 000, 000 10, 000, 000 0 10, 000, 000 11 RDA 210% Advance Detail Convert $6,150,070 in interest into $3,691,486 in principal to have $10 million principal outstanding. Repay General Fund $2,458,584 in cash for interest Repay General Fund $250,000 in interest in cash for April May and June of FY 05/06 Total: At the end of FY 05/06 have $10 million in principal outstanding and repay the General Fund $2,708,584 in cash for interest Beginning in FY 35/36 repay $2.5 million principal for 4 years to retire debt FY Beginning Balance Princi al Interest 1,000,000 (1,000,000) EndingBalance 11,000,000 10,000,000 Cumulative Principal 10,000,000 10,000,000 Cumulative Interest 1,000,000 0 Total 11,000,000 10,000,000 18/19 10,000,000 11,000,000 19/20 10,000,000 1,000,000 11,000,000 10,000,000 1,000,000 0 11,000,000 10,000,000 11,000,000 10,000,000 (1,000,000) 1,000,000 10,000,000 11,000,000 10,000,000 10,000,000 1,000,000 11,000,000 20/21 11,000,000 (1,000,000) 10,000,000 10,000,000 0 10,000,000 21 /22 10,000,000 1,000,000 11,000,000 10, 000, 000 1,000,000 0 11,000, 000 10,000,000 11,000,000 10,000,000 (1,000,000) 1,000,000 10,000,000 11,000,000 10,000,000 10,000,000 1,000,000 11,000,000 22/23 11,000, 000 . (1,000,000) 10, 000, 000 10, 000, 000 0 10, 000, 000 23/24 10,000,000 1,000,000 11,000,000 10,000,000 1,000,000 0 11,000,000 10,000,000 11,000,000 10,000,000 (1,000,000) 1,000,000 10,000,000 11,000,000 10,000,000 10, 000, 000 1,000,000 11, 000,000 24/25 11,000,000 (1,000,000) 1,000,000 10,000,000 11,000,000 10,000,000 10,000,000 0 1,000,000 10,000,000 11,000,000 25/26 10,000,000 11,000,000 (1,000,000) 10,000,000 10,000,000 0 10,000,000 26/27 10,000,000 1,000,000 11,000,000 10,000,000 1,000,000 0 11,000,000 10,000,000 11,000,000 10,000,000 (1,000,000) 1,000,000 10,000,000 11,000,000 10,000,000 10,000,000 1,000,000 11,000,000 27/28 11,000,000 (1,000,000) 10,000,000 10,000,000 0 10,000,000 28/29 10,000,000 1,000,000 11,000,000 10,000,000 1,000,000 0 11,000,000 10,000,000 11,000,000 10,000,000 (1,000,000) 1,000,000 10,000,000 11,000,000 10,000,000 10,000,000 1,000,000 11,000,000 29/30 11,000,000 (1,000,000) 10,000,000 10,000,000 0 10,000,000 30/31 10,000,000 1,000,000 11,000,000 10,000,000 1,000,000 0 11,000,000 10,000,000 11,000,000 10,000,000 (1,000,000) 1,000,000 10,000,000 11,000,000 10,000,000 10,000,000 1,000,000 111000,000 31 /32 11,000,000 (1,000,000) 10,000,000 10,000,000 0 10,000,000 32/33 10,000,000 1,000,000 11,000,000 10,000,000 1,000,000 0 11,000,000 10, 000, 000 11, 000, 000 (1,000,000) 10, 000, 000 10, 000, 000 33/34 10,000,000 1,000,000 11,000,000 10,000,000 1,000,000 11,000,000 11,000,000 (1,000,000) 1,000,000 10,000,000 11,000,000 10,000,000 10,000,000 0 1,000,000 10,000,000 11,000,000 34/35 10,000,000 11,000,000 (1,000,000) 10,000,000 10,000,000 0 10,000,000 35/36 10, 000, 000 (2,500,000) 1,000,000 8,500,000 7,500,000 1,000,000 8,500,000 7,500,000 8,500,000 7,500,000 (2,500,000) (1,000,000) 750,000 7,500,000 5,750,000 7,500,000 5,000,000 0 750,000 5,750,000 36/37 5,750,000 (750,000) 5,000,000 5,000,000 0 5,000,000 37/38 5,000,000 (2,500,000) 500,000 3,000,000 2,500,000 500,000 0 3,000,000 21500,000 3,000,000 2,500,000 (2,500,000) (500,000) 250,000 2,500,000 250,000 2,500,000 0 250,000 250,000 38/39 250,000 (250,000) 0 0 0 0 Total 0 0 0 12 RDA 2 7% Advance Detail 7.00% Cumulative Cumulative Beginning FY Balance Principal Interest Ending Balance Principal Interest Total 7/1/03-6/30/04 5,800,000 0 406,000 5,800,000 6,206,000 5,800,000 5,800,000 0 406,000 5,800,000 6,206,000 7/1/04-6/30/05 7/1/05-8/31/05 5,800,000 6,206,000 72,403 6,278,403 5,800,000 478,403 6,278,403 9/01/05 - Sams Club 6,278,403 (4,643,089) (478,403) 1,156,911 1,170,408 1,156,911 1,156,911 0 13,0497 1,156,911 1,1700,408 9/1 /05-10/31 /05 1,156,911 13,497 10/31 /05 1,170,408 1,156,911 13,497 0 �x� 13 COUNCIL/RDA MEETING DATE: March 7, 2006 ITEM TITLE: Consideration of La Quinta High School Request for Art in Public Places Funds RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The La Quinta High School Parent Teacher Organization is requesting funds in the amount of $7,890 for a school mascot mural . Were the City Council to find that the mural could be funded through the Art in Public Places Fund (270-0000-290.00-00), adequate funding is available for this project. If the Council chooses to use general funds for the mural, funding is also available in General Fund Undesignated reserves (101-0000-290.00-00) CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the regular meeting of February 21, 2006, the City Council considered an item under Written Correspondence concerning a request by the La Quinta High School Parent Teacher Organization for a mural of the school mascot to be painted outside the high school gymnasium. The La Quinta High School Parent Teacher Organization specifically requested funding for $7,890 for this work and has suggested that it be completed through the Art in Public Places Fund. It is questionable whether the Arts in Public Places funding can be used. Pursuant to La Quinta Municipal Code Section 2.65.030.D, "Artwork" means an "original creation of art...." The Blackhawk graphic to be painted on the outside of gymnasium wall is a duplication of existing artwork used by the school. It thus does not appear to meet the definition of "original creation of art." In addition, Section 2.65.080.A states that the artwork shall be designed and constructed by persons experienced in the production of such artwork and recognized by critics and by this or her peers as one who produces works of art. It does not appear that the company to be hired to install the graphic would meet this requirement. Finally, in subsection C of Section 2.65.080, regarding use and maintenance of artworks, that Code states that the City will own the artwork and be responsible for the ongoing maintenance. Given that the mural would be located on a school building, this issue would need to be addressed through some form of agreement governing the ownership and maintenance of the mural. In addition, staff has investigated the development of murals at neighboring high schools and found that funding for these murals was provided by the Associated Student Body at Palm Springs High School and the Booster Club at Indio and Cathedral City High Schools. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the request from the La Quinta High School PTO for a mascot mural for $7,890 through the Art in Public Places Fund if the Council finds that the mural will be an original creation of art that will be designed and constructed by a person meeting the definition of La Quinta Municipal Code Section 2.65.080A.4. and instruct staff to negotiate the necessary agreement with the School District regarding ownership and maintenance of the mural; or 2. Approve the request from the La Quinta High School PTO for a mascot mural for $7,890 with the funding to come from the City's General Fund; or 3. Deny the request; or 4. Provide staff with alternative direction. Respectfully submitted, Edie Iton, ommunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Written correspondence dated February 14, 2006 ATTACHMENT 1 WRITTE. g . International Baccalaureate Programme City Clerk City of La Quinta 78-495 Ca.11e Tampico La Quinta, CA 92253 Honorable members of the La Quinta City Council, February 14, 2006 (l�j„lh_�t Uf �-Fl GIB"� FEB 1 5 coos C��6� I would like to request from the Art in Public Places fund the money for a large mural to be painted on the front of La Quinta High School's gym. I believe we are the only high school in the valley without the name of our mascot painted on the school. This would bring a lot of pride to the school and community which the school serves. Enclosed is a proposal by Larry at Boss Graphics and examples of his work. The project would cost approximately $8,000. There are also photos of where the mural would be placed on the school which is north facing and wouldn't get a lot of sun. I was very excited after reading the municipal code for the Art in Public Places to see that our project qualified. Mr. Genovese's office has informed me that there is approximately $400,000 in the fund currently. If we were awarded this money our school would be so grateful to the city and I would make sure that all 2000 families attending the school knew where it came from. I look forward to hearing from you. Sincerely, V�p aakv Mrs. Dori Quill LQHS Parent Teacher Organization President 51245 Avenida Rubio La Quinta, California 92253 564-2685 ._ 5 Desert Sands Unified School District 79-255 Westward Ho Drive - La Quinta, California 92253 - (760) 772-4150 Fax (760) 772-4166 - Fax (760) 771-4171 oziotrzillib ll*.UZ Ib2b3J8tIY3 kiMib LWAHIHIUb INC FJA(*- 62 N 00 6A AT-11J­ OKI WILL NV 1 l, o %&ACKHA WKSV W/ HAWK PANTED ON, Ut E-kift, WALL OP &_YMNA,$-x WN I ...................... I ..................... $01,900.0-0 i G%lt APD ......... 6-RAFFFI I FARF FROGFIN­­ • T -AVE7 L 8X-FP--- N 5 E .........................-....---......................,:_. w"r, Im P ONCONWLE"ON -OPP Twil. MoromL 6,00PE 9p OF COUNCIL/RDA MEETING DATE: March 7, 2006 ITEM TITLE: Consideration of Sponsoring an Awards Luncheon for The National Academy of Television Arts & Sciences RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: There is no line item in the Fiscal Year 2005-2006 City of La Quinta Budget for this expenditure. If the City Council elects to sponsor this event, funding would come from General Fund unallocated reserves Account #101-000-390.00-00. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At its regular meeting of February 21, 2006, the City Council considered written correspondence from The National Academy of Television Arts & Sciences (NATAS) requesting sponsorship of an awards luncheon (Attachment 1). The luncheon is scheduled for April 23, 2006 at the La Quinta Resort & Club. It will honor individuals who have contributed years of service to the television industry. Among the individuals being recognized are Mery Griffin and Gloria Greer. NATAS is specifically requesting that the City sponsor two tables at the luncheon. This amounts to a total of $1,500 ($750 each table; $75 per person). One table would be donated to special guests of NATAS and the other table would be a City r) 1.. Ja '�- table. The City of La Quinta would be featured in the event program, a PowerPoint presentation, and all other related publicity. Proceeds from the event will support college scholarships for students majoring in communications/television production. NATAS representatives have been advised that their request is on today's agenda for consideration. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve sponsorship of The National Academy of Television Arts & Sciences awards luncheon, and approve an appropriation of $1,500 from General Fund unallocated reserves; or 2. Do not approve sponsorship of The National Academy of Television Arts & Sciences awards luncheon, and do not approve an appropriation of $1,500 from General Fund unallocated reserves; or 3. Provide staff with alternative direction. Respectfully submitted, Thomas P. Genovese, City Manager Attachment: 1 . Written correspondence dated February 2, 2006 Attachment 1 The National Academy of Television Arts & Sciences Pacific Southwest Chapter February 2, 2006 Mayor Don Adolph 55105 Riviera La Quinta, CA 92253 Dear Mayor Adolph: A Nonprofit Organization Dedicated to the Advancement of Television On April 23, 2006 The National Academy of Television Arts and Sciences- Pacific Southwest will hold its first event in our valley, the "Gold & Silver Circle" inductee Awards Luncheon. "Gold Circle" inductees are a rare group of living individuals who have contributed 50 years of work to the industry. Receiving "Gold" are Mery Griffin, Jane Wyman, Anne Francis, Paul Burke and Irvin Green. "Silver Circle Awards", for 25 years of service will be given to Ralph Young (Sandler and Young), and local news persona Gloria Greer. Palm Springs Gold/Silver Address 375 El Portal Palm Springs, CA 92264 760-416-0165 P.O. Box 80255 San Diego, CA 92138-0255 619-269-9803 206-202-4121 fax emmypsw@cox.net www.emmyonline.org Academy member, Jackie Lee Houston and I worked with NATAS this summer to secure this event for our Desert Cities. W, a arritie thrilled that the inaugural event will be in the Cityof La Quinta. To begin the underwng process we have asked the _ �oache a Va ey s major banking & financial institutions to underwrite two tables or more for each of the nominees. They have. Other sponsors to date include Tiffany, Baccarat, La Quinta Hotel and Resort, Woman in Film and the RIAA (Recording Industry Association of America). We would hope that the C oof La Quinta would also be a s onsor. The total donation -would e $1.50 0 -table, 0-per person . Proceeds from this event supD rt nollpae scholaEshiUs fgr stu ents -majoring In communications/ ioa, One table would donated Go r gues s th e of er to es could be filled with guests of your choosing. The City Logo would appear on the invitation as an inaugural underwriter as well as in our pn a vl eo screen m pu icy etc. We are working on deadlines and woulfi flOu ci y go sent to our designer no later than next Thursday. Our thanks for your early response to this letter. We look forward to your response soonest. Sincerely, 1:: > -0--r Robin Montgomery -Direct Line 416-0165 Board of Governors, NATAS-PSW CC: Jackie Lee Houston, Denise DuBarry Hay, Janet Newcomb Gold and Silver Circle Luncheon Committee Will Givens, President, NATAS-PSW - Robert Gardner, National Trustee, NATAS-PSW - Chairs Mark Adams - Frances Allen - Ted Giatas - Denise DuBarry Hay - Jackie Lee Houston - Kathi Jacobs Robin Montgomery - Janet Newcomb - Dick Shalhoub - Ellie Weiner The Honorable Frank Bogert - Congresswoman Mary Bono FOR IMMEDIATE RELEASE January 13, 2006 EMMY® ORGANIZATION PRESENTING HONOR AWARDS IN LA QUINTA (La Quinta, CA) — The National Academy of Television Arts and Sciences (NATAS), Pacific Southwest Region, is not only the presenter of its region's Emmys, it honors people who have made outstanding contributions to the industry by inducting them into its Gold and Silver Circle Honor Rolls. This year, for the first time, they will be presenting the honors on Sunday, April 23 at La Quinta Resort and Club. The honorees will be on hand to receive their awards. The Gold Circle honors those with 50 years of service to the television industry. At this event, the first -ever qualifying members west of the Mississippi will come from the NATAS-Pacific Southwest Chapter to be inducted into the prestigious Gold Circle. They are actor Paul Burke; actress Anne Francis; producer and founder of Mercury Records Irvin Green; producer, actor, writer, director Mery Griffin; and actress Jane Wyman. Established in 1983, the Silver Circle honors members of the television industry who have contributed 25 years to the industry. To date only 173 NATAS-PSW members have been inducted into this distinctive honor roll and two more will be inducted at this luncheon. This year's honorees are entertainment news anchor Gloria Greer and singer Ralph Young. The luncheon begins at 11:30 a.m. and is open to the public. Tickets are $75 and proceeds will support the NATAS scholarship program for students majoring in television related fields. La Quinta Resort & Club is at 49-499 Eisenhower Drive, La Quinta, CA. Information and reservations: (760) 416-0165. COUNCIL/RDA MEETING DATE: March 7, 2006 ITEM TITLE: Consideration of Two City Council Members to Serve on the Civic Center Art Purchase Committee RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The sum of $1 2,253 has been budgeted in the Civic Center Art Purchase Account # 101-1001-41 1 .5 6-60. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Since 1989, with the exception of 2004 and 2005, the City has been selecting artwork from the La Quinta Arts Festival ("Festival") to be displayed at various City facilities. Two Council Members, in conjunction with two Cultural Arts Commission members, have viewed the artwork at the Festival for consideration of an art purchase. Historically, the Art Purchase Committee has met the first day of the Festival to select a piece of artwork for the City with the artwork delivered to the City after the Festival. The City Council elected not to participate in the selection of artwork the last two years, citing limited display space at City Hall. Now that the library is completed and open to the public, the Civic Center Art Purchase could be reinstated. The following City Council members have participated on the Civic Center Art Purchase Committee: 2003 Mayor Adolph and Council Member Osborne 2002 Mayor Pena and Council Member Henderson 2001 Mayor Pro Tern Sniff and Council Member Adolph 2000 Mayor Pena and Council Member Henderson 1999 Council Members Adolph and Sniff 1998 Mayor Pena and Mayor Pro Tem Henderson 1997 Council Members Adolph and Sniff 1996 Council Members Adolph and Henderson 1995 Council Members Cathcart and Perkins 1994 Mayor Pena and Council Member Sniff Should the City Council decide to participate in purchasing artwork this year from the Festival, the Community Services Commission will be asked to select two representatives to participate on this year's Civic Center Art Purchase Committee. The Festival will be held from March 16 through March 19, 2006 at the Civic Center Campus. The Art Purchase Committee may wish to meet at 9:30 on March 16 for the opening of the Festival and to select an art piece during the opening hours of the Festival. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Appoint two City Council members to serve on the Civic Center Art Purchase Committee to select Civic Center Art during the La Quinta Arts Festival, and authorize spending up to $12,253, or 2. Do not participate in the selection of artwork from the La Quinta Arts Festival; or 3. Provide staff with alternative direction. Respectfully submitted, Edie H Iton, ommunity Services Director Approved for submission by: Thomas P. Genovese, City Manager c4j yam. sI W wow OF-1 COUNCIL/RDA MEETING DATE: March 7, 2006 ITEM TITLE: Consideration of City Council Standing Committee Assignments RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Select representatives of the City Council to serve on various committee posts previously held by former Council Member Ron Perkins. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On February 2, 2006, Council Member Perkins resigned from the City Council. He served as the City's representative for several outside agency committees, including: Coachella Valley Mosquito and Vector Control District (meets second Tuesday of each month at 7:00 p.m.) This is a four-year term; the current term expires on June 30, 2008 CVAG Public Safety Committee (meets second Monday of each month at 10:00 a.m.) Terry Henderson is the Alternate CVAG Transportation Committee (meets second Monday of each month at 12:00 p.m.) Terry Henderson is the Alternate Alternate member of the CVAG Human & Community Resources Committee (meets fourth Wednesday of each month at 12:00 p.m.) Lee Osborne is the Primary Member Mr. Perkins has indicated his interest in continuing to represent the City on the Coachella Valley Mosquito and Vector Control District Board. Mosquito and Vector Control District staff has informed City staff that this is acceptable; that the City may appoint a representative from the community who is not an elected official. In addition, at the end of the special City Council meeting on February 28, 2006, one of the City Council candidates, Rosemary Mindiola, also expressed an interest in serving as the City's representative on the Coachella Valley Mosquito and Vector Control District. Once selections have been made, staff will inform the various agencies of the changes. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Select representatives of the City Council to serve on various committee posts previously held by former Council Member Ron Perkins; or 2. Do not select representatives of the City Council to serve on various committee posts previously held by former Council Member Ron Perkins; or 3. Provide staff with alternative direction. Respectfully submitted, Debbie Powell, Acting City Clerk Approved for submission by: Thomas P. Genovese, City Manager 2 -, jL-OWA, Ou OF T'9 COUNCIL/RDA MEETING DATE: March 7, 2006 ITEM TITLE: Consideration of a SilverRock Resort Committee RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: s At the Redevelopment Agency meeting of February 21, 2008, under Agency and Board Member items, the Agency Board discussed forming a SilverRock Sub - Committee. Initially, it was discussed that selected Agency Board Members might participate in weekly meetings between staff and Landmark Golf Management; however, these meetings only deal with golf course operations. Agency Board members further expressed a desire to regularly discuss all aspects of the SilverRock Resort property, and decided that a SilverRock Committee might meet on a monthly basis to discuss the progress and operations of the golf course and Resort property. Accordingly, the Agency Board directed staff to bring the item back for further discussion. Given the nature of the proposed Committee, the item falls under the purview of the City Council. According to the City Attorney, the nature of the committee and the scope of its 141 authority could subject its meetings to the requirements of the Brown Act (i.e., its meetings would need to be duly agendized and open to the public). In order for a SilverRock committee of the Council or the Agency to be exempt from the Brown Act, the committee must meet all four of the following requirements: (1) It must consist solely of Council members (or Agency members); (2) It must consist of less than a quorum of the Council or Agency (i.e., it may have no more than two members); (3) It must not have continuing jurisdiction over a particular subject matter; (4) It must not have an official meeting schedule fixed by formal action of the Council or Agency. (Gov't Code Section 54952(b).) The Attorney General's Handbook on the Brown Act provides the following two examples of the application of these requirements: (1) If a city council creates a committee consisting of two council members for the purpose of reviewing all issued related to parks and recreation on an ongoing basis, the committee's meetings would be subject to the Brown Act; (2) If the committee is instead formed for the purpose of producing a report in six months on downtown traffic congestion, it would be exempt from the Brown Act because it had a specific task and a limited duration. (Handbook, p. 6). Based on the statutory requirements and the above examples, the City Attorney has concluded that a committee of two Council members (or Agency members) established to oversee all activities associated with SilverRock on an ongoing basis would be subject to the Brown Act. A committee with a more limited purpose (e.g., oversight on specific improvements or specific activities), established for a limited time period to complete a specific task, would be exempt from the Brown Act provided it consists solely of the Council/Agency members and that it had no pre-set meeting time. Thus, for example, the Council could set up a committee with a six-month duration to oversee the development activities at SilverRock and report back to the Council as desired and to provide an oral report and recommendations to the Council at the end of that time period. If at that time, the Council wished to set up a new committee to review a different aspect of the SilverRock project, it could do so at that time. Alternatively, the Agency could set up a committee to oversee the disposition and development of SilverRock property for a limited duration. Once the City Council/Agency Board has determined the parameters for a Committee(s) (i.e., attendance of golf course operations meetings with the course's operator and staff, and/or meetings regarding the development of the Resort property), the staff can provide a determination of Brown Act requirements and assistance on the assemblage of said meetings. PA FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Create a SilverRock Committee, and provide staff with a format; or 2. Do not create a SilverRock Committee; or 3. Provide staff with alternative direction. Respectfully submitted, Thomas P. Genovese, City Manager 3 REPORT/INFORMATIONAL ITEM: Iq INVESTMENT ADVISORY BOARD Meeting January 11, 2006 I CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 5:30 P.M. by Vice Chairperson Deniel, followed by the Pledge of Allegiance. PRESENT: Board Members Olander, Moulin, Deniel and Egbert ABSENT: Board Member Rassi OTHERS PRESENT: John Falconer, Finance Director and Vianka Orrantia, Secretary II PUBLIC COMMENTS III CONFIRMATION OF AGENDA Board Member Moulin suggested that first item of discussion should be item VI, Correspondence and Audited Financial Statements. Board concurred. IV CONSENT CALENDAR A. Approval of Minutes of the Meeting on December 14, 2005 for the Investment Advisory Board. MOTION - It was moved by Board Members Moulin/Olander to approve the Minutes of December 14, 2005. Motion carried unanimously. V BUSINESS SESSION A. Transmittal of Treasury Report for November 2005 Mr. Falconer advised the Board that page 2 reflects the portfolio for the month of November, which did not change much, however there was a large decrease in LAIF and the monies were moved into Treasuries, which is reflected on page 6. This transaction was to gain a better yield; the investments purchased are currently at 4%. Investment Advisory Board Minutes January 11, 2006 Board discussion ensued as to if and when the City would catch up with the current bench mark. Mr. Falconer informed the Board with the current reinvestments at 4% he is currently beating the benchmark. Mr. Falconer also informed the Board that in the current market it is hard to find Farm Credit Paper and asked the Board their feelings on Fannie Mae, which currently are at the same rate as Farm Credit Paper. The consensus of the Board was to go ahead and purchase Fannie Mae with the reservations of Board Member Olander. MOTION - It was moved by Board Members Olander/Moulin to approve, receive and file the Treasury Report for November 2005. Motion carried unanimously. VI CORRESPONDENCE AND WRITTEN MATERIAL A. La Quinta Fiscal Year 2004/05 Audited Financial Statements Mr. Falconer advised the Board of the name change Conrad and Associates to Mayer Hoffman McCann P.C. Mr. Falconer introduced Jennifer Christian, CPA, Senior Manager to the Board along with a brief history of her employment with the firm. Ms. Christian stated that she would review for the Board the Fiscal Year 2004/2005 Audited Financial Statements. Ms. Christian reviewed for the Board cash footnotes and the CAFR. She also reviewed the auditing of cash, investment compliance test work and auditing controls in cash and investments. Ms. Christian reviewed GASB 40 for the Board, located on page 40. This was the first year that government agencies had to implement GASB Statement 40, GAS.B Statement 40 changed the cash footnote; reason for the change was to focus on risk areas in the area of investments such as interest rate risks, credit risks and custodial credit risk. Ms Christian reviewed GASB 40 format for the Board: Page 40: The first section is a summary of the cash investment 2 Investment Advisory Board Minutes January 11, 2006 position as of June 30, 2005. This section is broken down as to how it's reported on the financial statements, then broken down between deposits and investments. A significant amount of the summary reflects most of the City's balances are investments. Page 41 : Is a combination of what is authorized by the California government code.and authorized by the City's internal Investment Policy. Listed on this page are the restrictions, such as maximum maturities and percentages that can be invested. This footnote was already in place in the previous year and is now a required element of GASB 40. Page 42: This page reflects the significant changes in reporting. It discloses interest rate risks and the footnotes define interest rate risk as the risk that changes in market interest rates that would adversely affect the fair value of investments. The note continues to state that the longer the maturity, the greater the sensitivity to the fair value of the changes in the market interest rates. The schedule listed reflects the maturity of the City's investments. The second column of the schedule reflects (3 months or less column) 55% of the City's investments mature in three months or less. The first three columns make up a one year time period, (97% of the City's investments mature within one year); the interest rate risk is low for the City of La Quinta. Page 43: GASB 40 requires the City to disclose credit risk and credit risk is the risk that an insurer of an investment will not fulfill its obligation to the holder of the investment. This is typically measured by an investment rating. Treasury notes and bills are exempt from a rating; all other investments are usually Triple A or Double A rating. Other investments not rated, one example is LAIF. Concentration Credit Risk — GASB 40 requires that if there is more than 5 % of the portfolio in any one insurer of an investment that a disclosure be made. Currently 5.4% of the City's investments are invested in the Federal Home Loan Mortgage Corporation. Page 44: Custodial Credit Risk, this is the risk for deposits; in the event of a failure of a depository financial institution the government 3 1 Investment Advisory Board Minutes January 11, 2006 will not be able to recover the deposits. Currently all of the City's deposits are fully collateralized so there is no custodial credit risk. Board discussion ensued with questions and clarification on the 2004/05 CAFR. Noted and Filed B. Month End Cash Report and other Selected Data — December 2005 Mr. Falconer reviewed for the new Board member the month end cash report. Noted and Filed C. Pooled Money Investment Board Reports — October 2005 Noted and Filed VIII BOARD MEMBER ITEMS Board Member Moulin informed the Board that the terminology of the activities in the ad placed no longer hold true to the current activities of the Board. In addition, at the January 3rd City Council meeting not one of the applicants was present. Board Member Moulin contacted one of the candidates and the candidate informed Board Member Moulin he had not been notified. Mr. Falconer stated that he was not aware of what took place and would follow up with the City Manager and City Clerk. Board Member Moulin would like in the future 1) the ad for the newspaper updated and 2) to make sure that the candidates are notified in a timely manner. It was requested by the Board to add this item to the next scheduled Board meeting for reviewed of the ad and necessary changes and/or revisions. VIII Adjournment MOTION - It was moved by Board Members Moulin/Olander to adjourn the meeting at 6:50 p.m. Motion carried unanimously. L, Investment Advisory Board Minutes Vianka Orrantia Secretary January 11, 2006 1 � A / / < < / Vildflower Workshops londay, March 13 :30 p.m, Palm Desert Public Library 3-300 Fred Waring Drive, Palm Desert 'epeats Thursday, March 16 :30 a.m, Mizell Senior Center 80 S Sunrise Way, Palm Springs ind out where the flowers are, and learn the "Top Ten" lost common flowers in bloom this year. Learn some amazing pollination strategies and the secrets of a great wildflower year. Presented by Santa Rosa and San Jacinto Mountains National Monument staff. Call 760/862-9984 for more information. Nature Walks Fridays at 9:30 a.m. (weather permitting) National Monument Visitor Center 51-500 Highway 74, Palm Desert Explore the Randall Henderson Trail on a guided tour. This walk is rated moderate: good hiking shoes, sun protection and drinking water are a must; binoculars and camera are recommended. Call 760/862-9984 to RSVP and for more information. A,4�. �31-71` (� The Roadrunner Wednesday, April 5 5:30 to 7:30 p.m. Family Night Program Of Get to know the deserts zaniest bird with Interpretive Specialist Tracy Ebrecht See a slide show, play games and visit with live desert animals! 71.100 Highway 111, Rancho Mirage Call 760/341-7323 for more information 1k EXPLORE SPRINGTIME ` p.,N JACih r�, �S ` 2�0 O �a tg a&'� z00,1111111100 NadonalAlonument Nfat 00- MsHw Center /ANAL MONK S1r500 Highway 74, Palm Desert Discover America's great landscapes at these progi•anw! HENDERSON Fridays at 9:30 am Take a nature walk and `Leave No Trace; at the Visitor Center. Bring TRAIL March 3,17, 31 water, weargood hikingshoes, and sun protection. RSVP 862-9984. M I N ERVA H OYT Celebrate Women's History Month and hear this presentation by DESERT Friday, March 3 JoeZarki, Chief of Interpretation, Joshua Tree National Park. At VISIONARY s:3o pm Cathedral City Senior Center, 68727Palm Canyon Dr. LIVING WITH Monday, March 6 Learn about the mountain lion with Chnsta Mann of the Mountain Lion LIONS 6:30 pm Foundation. AtPalm Desert Library, 73-100Fred WaringDr Join US Forest Service Wildlife Biologist Heidi Sellm in searching the BALD EAGLE Saturday, March 11 trees surrounding Lake Hemet for our National bird Bring a watch and WATCHING 8:30-10 am binoculars. RSVP at 9091382-2945 or at hsellersCafs, fed, us DESERT Monday, March 13 Discover where the flowers are, and learn the "Top Ten "most common 6:30 pm blooms this year. At Palm Desert Library, 73-100 Fred WaringDr WILDFLOWER Thursday, March 16 Repeats on Thursday at Mizell Senior Center, 480 S Sunrise, Palm WORKSHOPS 9:30 am Springs Formore information cal/ 7601251-4800. FAMILY NIGHT, Learn about this famous desertbird that would rather run than fly. Join THE Wednesday, April 5 TracyA/brecht, /nterpretive Specialist, at the Rancho Mirage Library. ROADRUNNER 5:30 pm 71-100 Highway 111, Rancho Mirage. Call 7601341-7323 for details CALI FORN IA Friday through Sunday The California Desert Nature Festiva/ offers an eco-bazaar, workshops, DESERT NATURE field tri s and stargazing Learn more b ca//in 760 341-9312 or April 7,8,9 p , g g" y g FESTIVAL visit the website, www, californiadesertnaturefestival, com HAVE A HAPPY Friday, ApflI 21 Come to the Visitor Center to join in an Earth Day celebration. Enjoy EARTH DAY! 9 am-4 pm guided nature walk to see desertp/ants, reptiles and birds THERE'S A Find out where to go and what to do in the Nation/Monument with MONUMENT IN Thursdays, May 11 & 25 Bonnie Adkins, Park Ranger. At the Nationa/Monument Visitor Center YOUR BACKYARD 10 am Call 7601862-9984 for more information. Spring, 2006 c r,r o News tis < FREE Weekly Email Newsletter ,)It / ww ca birr gov Public Lands USA; Use, Share, Appreciate LEST SEMgq OF Department Report: I A Oj OF TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager W) DATE: March 7, 2006 SUBJECT: Department Report — Response to Public Comment The following public comments were made at the February 18, 2006, City Council meeting: 1. Shirley Barker, 78-875 Avenue 47, Unit 864, spoke regarding traffic and speeding on Adams Street, and requested traffic collision information for the corner of Adams Street and Avenue 47. Mayor Adolph reported that a signal will be installed at the corner, and that staff will obtain accident information for her. A letter was sent to Ms. Barker on February 27, 2006 with that information. 2. Paul Wagner, 49125 Tango Court, spoke regarding the City's rule allowing only one real estate sign to be posted on a property; he requested three or four signs be allowed. Council directed staff to research further — staff wrote an 101 on February 24, 2006, explaining the issue. 3. Lucia Moran, P. 0. Box 1305, spoke about the Soapbox Derby, to be held on April 8, 2006. She has checked with Public Works, and there will be no conflict with the City's waste collection operation at the City Yard. She thanked Council for its ongoing support. 4. Scott Arthur, 43-845 Milan Court, requested an update on the Darby Road School issue. He also stated that he and his neighbor would accept a 4-foot wall topped with 2-feet of wrought iron rather than a secondary wall. t;� City Manager Genovese will agendize this for the School Ad Hoc Committee meeting. 5. Mike Livingston, 80-065 Vista Grande, spoke regarding continuing problems with the neighboring apartment residents. He noted that a gate has been installed, but is locked open and is used for ingress and egress by apartment residents. City Manager Genovese stated that a letter has been sent to the City of Indio, and he will be meeting with Indio staff in the near future. Agency Counsel Jenson referenced a letter from the City of Indio that is available for public review. 6. Ira Boiko, 44-750 Seeley Drive, asked what timeframe Indio has to respond. Agency Board Member Henderson replied, "two weeks." 7. Lori Fahnestock expressed her appreciation for Council's help, and stated she has safety concerns. Department Report: I— �., v.cl a, OF TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager, / I DATE: March 7, 2006 SUBJECT: Department Report Regarding Planning Commission Vacancy On February 28, 2006, the City Council appointed Planning Commissioner Tom Kirk to the City Council. Mr. Kirk will take his Oath of Office on March 7, 2006, which will leave a vacancy on the Planning Commission. The last appointments to the Planning Commission were made on July 5, 2005. Those applications are still on file in the City Clerk's Office. The City Council has several options to fill the vacancy: 1. Appoint a new Planning Commissioner from previous applications on file, which were received for the July 5, 2005 appointment. 2. Begin a recruitment to fill the position. This would require setting a due date for applications, and selecting a Council Meeting date to consider the applications. 3. Provide other direction as deemed appropriate by the City Council. 1 j A DEPARTMENT REPORT: 5-A j y CITY COUNCIL S } UPCOMING EVENTS MARCH 7 MARCH 16-19 MARCH 21 APRIL 4 APRIL 18 MAY 2 MAY 16 JUNE 6 JUNE 20 CITY COUNCIL MEETING LA QUINTA ARTS FESTIVAL CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING 15J March 2006 La Quints City Council Monthly Calendar February April S M T W T F S 1 2 3 4 1 5 6 7 8 9 10 11 2 3 4 5 6 7 8 12 13 14 15 16 17 18 9 10 11 12 13 14 15 16 17 18 19 20 21 22 19 20 21 22 23 24 25 23 24 25 26 27 28 29 26 27 28 30 1 2 3 10:00 AM ALRC 12:00 PM Mayors Lunch .5 6 7 8 9 10 2:00 PM City Council 9:00 AM RCTC- 9:30 AM Animal Campus Meeting Henderson Henderson 5:30 PM Investment 11:00 AM CVAG CVCC- Advisory Board Sniff 12:00 PM Energy/ Environ.-Sniff 12 13 14 10:00 AM Pub. Sfty 7:00 PM Mosquito 12:00 PM Transp Abatement 3:00 PM Mtns. Con -Sniff 7:00 PM Planning 6:00 PM League of CA. Commission Cities Dinner at La Quinta Library 7:00 PM Community Services Commission 4 9:00 AM - 4:00 PM SJSR Ntl. Mnmt-Henderson 11 15 16 17 18 3:00 PM Historic Preser. 9:00 AM CVA-Henderson vation Commission 19 20 21 22 23 2:00 PM City Council 12:00 PM Human/Comm- 9:00 AM LAFCO- Meeting Osborne Henderson 12:00 PM Sunline-Adolph 4:00 PM J.Cochran Reg. Airp-Osborne La Quinta Arts Festiva 26 27 28 10:30 AM RCTC Budget 7:00 PM Planning Henderson Commission 6:00 PM Exec Cmte.- Adolph 29 130 La Quinta Arts Festival 24 25 31 Printed by Calendar Creator Plus on 3/2/2006ft" G April 2006 La Quinta City Council Monthly Calendar 2 3 1::?3 Daylight Savings Time 4 5 2:00 PM City Council j 10:00 AM ALRC Meeting 6 17 1 0 9 10 11 12 13 14 15 9:00 AM Chamber 7:00 PM Mosquito 9:00 AM RCTC- 9:30 AM Animal Campus - Workshop -Henderson Abatement Henderson Henderson 10:00 AM Pub. Sfty 7:00 PM Planning 5:30 PM Investment 11:00 AM CVAG CVCC- 12:00 PM Transp Commission Advisory Board Sniff 6:00 PM League- 12:00 PM Energy/ Henderson Environ.-Sniff 7:00 PM Community Services Commission 16 _- 17 18 19 20 21 22 ? Easter 2:00 PM City Council 3:00 PM Historic Preser 9:00 AM CVA Henderson Meeting vation Commission 23 24 25 26 27 28 29 10:30 AM RCTC Budget - 7:00 PM Planning 12:00 PM Human/Comm- 9:00 AM LAFCO- 10:00 AM - 1:00 PM Henderson Commission Osborne Henderson Community Picnic/ 6:00 PM Exec Cmte. 12:00 PM Sunline-Adolph Birthday Celebration - Adolph Fritz Burns Park 30 Marc h Ma Y T F S M T W T S M T W S 4 6 1 2 3 4 1 2 3 5 1 1 11 7 8 9 10 11 12 3 7 9 0 5 6 8 1 2 1 1 17 18 9 0 4 1 17 18 14 5 6 12 13 1 5 16 2 6 24 1 22 23 24 25 23 5 27 21 22 2 28 29 30 31 Printed by Calendar Creator Plus on 3/2/2006 19, 0, May 2006 La Quinta City Council Monthly Calendar 2 3 4 5 2:00 PM City Council 10:00 AM ALRC 12:00 PM Mayors Lunch Meeting Happy 24th Birthday j La Quinta 7 8 9 10 11 12 10:00 AM Pub. Sfty 7:00 PM Mosquito 9:00 AM RCTC- 9:30 AM Animal Campus- 12:00 PM Transp Abatement Henderson Henderson 3:00 PM Mtns. Con -Sniff 7:00 PM Planning ! 5:30 PM Investment 11:00 AM CVAG CVCC- 6:00 PM League- Commission Advisory Board Sniff Henderson 12:00 PM Energy/ 7:00 PM Community Environ. Sniff Services Commission 14 15 16 17 2:00 PM City Council Meeting Mother's Day 6 9:00 AM - 4:00 PM SJSR Ntl. Mnmt-Henderson 13 18 19 20 3:00 PM Historic Preser- 9:00 AM CVA-Henderson vation Commission 21 22 23 24 25 26 10:30 AM RCTC Budget - 7:00 PM Planning 12:00 PM Human/Comm- 9:00 AM LAFCO- Henderson Commission Osborne Henderson 12:00 PM Sunline-Adolph 4:00 PM J.Cochran Reg. Airp-Osborne 29 30 It Memorial Day (CITY HALL CLOSED) 31 27 April June S M T W T F S S M T W T F S 1 1 2 3 2 3 4 5 6 7 8 4 5 6 7 8 9 10 9 10 11 12 13 14 15 11 12 13 14 15 16 17 16 17 18 19 20 21 22 23 24 25 26 27 28 29 18 19 20 21 22 23 24 30 _._ 25 26 27 28 29 30 Printed by Calendar Creator Plus on 3/2/2006i w C) Department Report: 5--A e:= TM G� OF �� TO: The Honorable Mayor and Members of the City Council FROM: Douglas R. Evans, Community.) Development Director DATE: March 7, 2006 SUBJECT: Department Report — The Sale of Waste Management of the Desert to Burrtec Waste and Recycling Services and Transfer of Contract Waste Management of the Desert (WM) has provided official notice to the City that it has entered into a Sale and Transfer Agreement with Burrtec Waste and Recycling Services (Burrtec). The attached letter dated February 16, 2006, with the information packet on Burrtec are provided for Council review. Currently, the City has a negotiated contract with WM to collect refuse and recyclable materials. The Final Exclusive Contract to Perform Refuse Collection Services was entered into on September 10, 1990. On July 5, 2000, the City entered into an Amended and Restated Agreement that extended the Contract until June 30, 2008. The current contract has specific assignment provisions which are attached to this report. Key portions of those provisions are as follows: 1 . The City must approve the sale and transfer in writing. 2. The City may deny or approve such request in its complete discretion. 3. WM shall pay the City its reasonable expenses for attorney and investigation costs to evaluate the proposed assignee, and prepare any and all documents needed for an assignment. 4. WM shall provide audited financial statements of the assignee's operations for the preceding three years. 5. Other information necessary to evaluate the assignee. The City utilizes the services of Hilton Farnkopf and Hobson (HFH) to manage the City's WM contract and overall waste management programs. In accordance with the current contract, staff will work with HFH to evaluate the proposed sale and transfer from WM to Burrtec. Staff will also request WM provide a deposit to cover the City's expenses. Once an evaluation is completed, staff will schedule WM's sale and transfer for a future City Council meeting for review and consideration of approval. Attachments: 1 . Waste Management letter 2. Burrtec packet 3. Contract provisions ATTACHMENT #1 February 16, 2006 Mr. Tom Genovese City Manager City of La Quinta Post Office Box 1504 78-495 Calle Tampico La Quinta, California 92253 Dear Mr. Genovese: WASTE MANAGEMENT OF THE DESERT Executive Department 41-575 Eclectic Street Palm Desert, CA 92260 (760) 340-5901 (760) 340-2732 Fax www.wmdesert.com HA CERTIFIED MOIL On behalf of Waste Management, I would like to thank you for your support and patronage of our company. Waste Management recently announced the sale and transfer of assets of Waste Management of the Desert to Burrtec Waste and Recycling Services, Inc. ("Burrtec"). Both Waste Management and Burrtec remain committed to keeping you informed and in ensuring a smooth transition. Pursuant to Section 8.1 of the Amended and Restated Agreement for the Collection, Transportation and Disposal of Municipal Solid Waste and Section 8.1 of the Amended and Restated Agreement for the Collection and Recycling of Recyclable Materials, we hereby request the written consent of the City to assign such agreements to Burrtec, effective as of, and subject to, the closing of the transactions contemplated by Waste Management and Burrtec. In connection therewith, enclosed is an information packet describing the Burr family of companies. If you have any questions or need any additional information to proceed with our request for assignment, please do not hesitate to contact me. Sincerely, , Frank Orlett District Manager Enclosure 1 ATTACHMENT #3 C. Retention of Records: The Contractor shall retain an ret;UrUS anU UaLa required to be maintained under this Agreement for a period of three (3) years following the close of each Contractor's fiscal years, and for such further time as may be designated by City to enable it to complete any review or audit commenced during such three (3) year period. Section 7.4 Audit City shall have the right, but not the obligation to perform an audit of Contractor's financial records, relating to the performance of this Agreement, on an annual basis. Contractor shall fully cooperate with City and City's consultants, auditors, staff, and other designees by providing financial records, documents, audited financial statements, operating records, weight tickets, sales receipts for recyclable materials and all other documentation requested by City in the event City elects to conduct an audit. ARTICLE Vlll ASSIGNMENT AND SUBCONTRACTING Except as may be provided for in Article IX (Breach, Default and Termination), neither party shall assign its rights, nor delegate, subcontract or otherwise transfer its obligation under this Agreement to any other Person without the prior written consent of the other party. Any such assignment made without the consent of the other party shall be void and the attempted assignment shall constitute a material breach of this Agreement. For purposes of this Section when used in reference to Contractor, "assignment" shall include, but not be limited to (i) a sale, exchange or other transfer of substantially all of Contractor's assets dedicated to service under this Agreement to a third party; 00 a sale, exchange or other transfer of outstanding common stock of Contractor to a third party provided said sale, exchange or transfer may result in a change of control of Contractor; (iii) any dissolution, reorganization, consolidation, merger, re- capitalization, stock issuance or reissuance, voting trust, pooling agreement, escrow arrangement, liquidation or other transaction to which results in a change of Ownership or control of Contractor; (iv) any assignment by operation of law, including insolvency or bankruptcy, making assignment for the benefit of creditors, writ of attachment for an execution being levied against this Agreement, appointment of a receiver taking possession of Contractor's property, or transfer occurring in the event of a probate proceeding; and (v) any combination of the foregoing (whether or not in related or contemporaneous transactions) which has the effect of any such transfer or change of Ownership, or change of control of Contractor. C:\My Docum ents\WPDOCS\ContWaste2000,wpd 18 July 12, 2000 _ Contractor acknowledges that this Agreement involved rendering a vital service to City's residents and businesses, and that City has selected Contractor to perform the services specified herein based on (1) Contractor's experience, skill and reputation for conducting its Solid Waste Management operations in a safe, effective and responsible fashion, at all times in keeping with applicable Environmental Laws, regulations and best Solid Waste management practices, and (2) Contractor's's financial resources to maintain the required equipment and to support its indemnity obligations to City under this Agreement. City has relied on each of these factors, among others, in choosing Contractor to perform the services to be rendered by Contractor under this Agreement. If Contractor requests City's consideration of an consent to an assignment, City may deny or approve such request in its complete discretion. No request by Contractor for consent to an assignment need be considered by City unless and until Contractor has met the following requirements: A. Contractor shall undertake to pay City its reasonable expenses for attorney fees and investigation costs necessary to investigate the suitability of any proposed assignee, and to review and finalize any documentation required as a condition for approving any such assignment; B. Contractor shall furnish City with audited financial statements of the proposed assignee's operations for the immediate preceding three (3) operating years; C. Contractor shall furnish City with satisfactory proof: (i) that the proposed assignee has at least ten (10) years of Solid Waste Management experience on a scale equal to or exceeding the sale of operations conducted by Contractor under this Agreement; (ii) that in the last five (5) years, the proposed assignee has not suffered any significant citations or other censure from any federal, state or local agency having jurisdiction over its Solid Waste management operations due to any significant failure to comply with state, federal or local Environmental Laws and that the assignee has provided City with a complete list of such citations and censures; (iii) that the proposed assignee has at all times conducted its operations in an environmentally safe and conscientious fashion; (iv) that the proposed assignee conducts its Solid Waste management practices in accordance with sound Solid Waste Management practices in full compliance with all federal, state and local laws regulating the collection and Disposal of Solid Waste including Hazardous Substances; and, (v) of any other information required by City to ensure the proposed assignee can fulfill the Terms of this Agreement in a timely, safe and effective manner. Under no circumstances shall City be obligated to consider any proposed assignment by City if Contractor is in default at any time during the period of consideration. C:\My Docum ents\WPDOCS\ContWaste2000.wpd 19 July 11, 2000 Adams Elementary School Award Recipients City Council Meeting - March 7, 2006 Recioient Names 1. Angelica Acosta 2. Nicholas Almanza 3. Christopher Altenbern 4. Leana Alvarez 5. Angelica Arroyo -Espinoza 6. Sebastian Ascencio 7. Vanessa Bara jas 8. Daniel Becerra 9. Benjamin Beltran 10. Cesly Beltran 11. Jaime Benitez-Arrambide 12. Jaanai Benitez -Santiago 13. Joseph Bu janda 14. Henry Calderon 15. Sariena Collin 16. Mandi Cardenas 17. Jesus Chavez 18. Justin Cottom 19. Gabriel Cruz 20. bevante Cunningham 21. Ezequiel be La Torre 22. Sevin Deapen 23. Marcos Delarosa 24. Eric Dominguez 1611 Adams Elementary School Award Recipients City Council Meeting - March 7, 2006 Recipient Names 25. Bryce Durente 26. Aaron Esquivel 27. Nesel Estrada 28. Pedro Faburrieta-Carbajal Jr. 29. Maria Felix 30. Trent Fogarty 31. Jillian Fox 32. Andrea Fragoso 33. Joel Franco 34. Faith Freedman 35. Joey Frias Jr. 36. Rachel Garcia 37. Kristina Garza 38. Emely Gomez 39. Quentin Gray Jr. 40. Avery Grier 41. Klarissa Guereca 42. Ivan Gutierrez 43. Moses Gutierrez 44. Willie Gutierrez Jr. 45. Crystal Harrell 46. Emily Havard 47. Cooper Hinkle 48. Brandon Howlett 49. Alejandro Hovos Jr. Adams Elementary School Award Recipients City Council Meeting - March 7, 2006 ti OF TKti COUNCIL/RDA MEETING DATE: March 7, 2006 ITEM TITLE: Public Hearing to Consider Adoption of a Resolution Approving Tentative Tract Map 34185, the Subdivision of 3.14 Acres into Nine Single - Family Lots and Other Parcels, Located 425 ± Feet West of Jefferson Street Along the North Side of the Stormwater Channel, South of Fiesta Drive Accessed From Hummingbird Lane. Applicant: Sienna Corporation RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving Tentative Tract Map 34185 to subdivide 3.14 acres into nine residential lots, subject to the Findings and Conditions of Approval. FISCAL IMPLICATIONS None. CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW: The applicant is proposing to subdivide the 3.14 acre site into ten single-family residential lots. In addition to the single-family lots, four miscellaneous lots would be created, three for landscaping and one for the private street. With ten lots, the proposed density of this subdivision is 3.1 dwelling units per acre, which is within the maximum density of four dwelling units per acre as allowed under the General Plan land use designation of Low Density Residential. Under the Planning Commission's recommendation of nine lots, the density would be reduced to 2.8 units per acre, which would better reflect the character of the abutting properties on Hummingbird Lane. As permitted by Section 9.10.040 of the Zoning Code, the City "reserves the right to limit projects to intensities below the General Plan 's upper limits." I 0 i The project site primarily consists of a remainder parcel created under Home Depot's Parcel Map 28469, approved in August of 1998, and a vacant cul-de-sac lot from an established pre -incorporation subdivision. Following recording of the parcel map for Home Depot, which included a portion of the Stormwater Channel, two CVWD well sites were created on either side of the subject property. The remainder of this parcel, consisting of the bulk of the proposed tentative tract map, has remained undeveloped. With a vacant lot available for access at the end of Hummingbird Lane, the applicants have proposed developing the project site into ten residential lots. (Attachment 1). In the early discussions with the applicant, staff recommended the project be designed to reflect the existing, adjacent subdivision. The applicant's initial submittal called for an eleven lot design. Staff recommended to the applicant that some lots be removed and the lot widths be widened and redrawn to closer reflect the existing neighboring boundaries. The applicant's revised submittal brought before the Planning Commission called for ten lots, to which the Planning Commission recommended be further reduced to nine. The Planning Commission first heard this item during their January 10, 2006 meeting. Several residents testified, expressing concern with the proposed tract. As a result of the comments received from the neighboring residents, the item was continued with the direction from Planning Commission for City staff to facilitate a neighborhood informational meeting to allow the applicant and neighbors to discuss the proposed development. The outcome of the neighborhood meeting is discussed in a separate section of this staff report. On February 14, 2006, the Planning Commission once again heard the item. After receiving additional testimony, discussing and deliberating, the Planning Commission unanimously moved to recommended approval of TTM 34185 with the condition that the project be reduced from ten to nine lots, among other conditions (Attachment 2) . Project Design The proposed project is accessed via Hummingbird Lane, currently a public cul-de- sac street with three residential properties. The proposed private street will not be gated, though the potential exists to install a gate in the future. The Planning Commission has recommended against the five off-street parking spaces near the project entry at Lot "B" and replacing them with landscaping. The street layout involves a "T" shape with the access coming in from Hummingbird Lane, splitting to a cul-de-sac at one end and a hammerhead turnaround at the other. Two of the proposed lots access the hammerhead turnaround. Lot Relationships and Existing Homes The smallest lot proposed is 9,123 square feet and the largest is 10,935 square feet, averaging 9,670 square feet. With the Planning Commission's recommendation to remove one lot, these minimum lot sizes will increase. All proposed lots meet the Low Density Residential zoning (RL) development standards. With all of the adjacent homes being single story, LQMC Section 9.60.310 limits all new homes on this site to a single story. The three existing neighboring cul-de-sac lots along Hummingbird Lane are 13,503, 14,810, and 17,424 square feet in size, roughly 4,000 to 7,000 square feet larger than the proposed lots due to their triangular shape. Abutting properties along Fiesta Drive range in size from 8,712 to 10,890 square feet. In response to the recommendations of staff and the concerns of the adjacent property owners regarding continuity and compatibility of the proposed development with the existing neighborhood, the Planning Commission recommended removal of one lot from among Lots 1 through 7 and required lot lines to be redrawn to better align with the existing rear property widths. Grades and Walls Though the project site is generally level, there is a ten foot incline beginning at the rear setbacks of proposed Lots 2 and 3, with a lesser slope at the rear of proposed Lots 4 and 5. Abutting existing Lots 74 and 75 (on Cortez Lane) are situated about seven to ten feet above project grade. Lot 64 on Hummingbird Lane is situated about four to five feet above project grade. Lot 63 on Hummingbird Lane is situated roughly even with project grade. In response to concerns raised by residents along Hummingbird Lane regarding potential loss of mountain views, the applicants were requested by staff to provide line -of -sight exhibits (Attachment 3). All abutting properties located on Hummingbird Lane and Cortez Lane have a six foot high masonry wall, which was constructed by the applicant following the installation of the existing CVWD well sites. No new walls were constructed behind the five existing properties located on Fiesta Drive, which have existing four to five foot high walls or fences in varying conditions. The Conditions of Approval have been written to require the applicant to construct a wall along the abutting property line for these five lots. Landscaping and Design The applicant's conceptual landscaping plan identifies enhancements to distinguish the project from the adjacent neighborhood. At the entry, enhanced paving, Sweet Acacias, Mexican Fan Palms, and a variety of shrubs and boulders have been proposed. Along the stormwater channel, the applicants will attempt to obtain an encroachment permit from the Coachella Valley Water District in order to accommodate a 12.5 foot wide landscape strip abutting the stormwater channel and wall (Attachment 4). Neighborhood Meeting and the Concerns of Homeowners A neighborhood meeting for proposed Tentative Tract 34185 was held at the La Quinta Public Library on Tuesday, January 31, 2006. In attendance were approximately 10-12 neighbors from Hummingbird Lane and Fiesta Drive, the applicant, project engineer, and representatives from the City. Exhibits of the project site were on display and staff facilitated questions between the neighbors and project proponents. Among the concerns posed by area residents included the size and total number of lots proposed; proposed building height; proposed off-street parking at the entrance; potential problems related to construction access and dust; potential problems with utility access in regards to existing power lines; concerns with the obstruction of mountain views; and concerns with emergency access in regards to the total length of the street from Hummingbird Lane and Fiesta Drive. Residents proposed several suggestions to improve the project. Among the suggestions made, the strongest involved a reduction in the total number of lots and limiting the homes to single story structures. One resident requested a gate at the entrance to reduce the number of trips into the project site and eliminate unnecessary traffic. Another resident proposed dedicating Lots 4 through 7 as a park. None of the residents in attendance supported the applicant's proposed off- street parking at the project entry. Planning Commission Action The Planning Commission initially heard this item during their January 10, 2006 meeting, but opted to continue the item until the neighborhood meeting could be conducted in order to resolve the presented issues. At their February 14, 2006 meeting, the Planning Commission approved the recommended Conditions of Approval, which involved a number of modifications to the applicant's original proposal. In regards to parking, the Planning Commission recommended removing the applicant's off-street parking area of five stalls proposed near the subdivision entrance. The Commission did not believe that widening the 28-foot street was necessary to accommodate on -street parking. In regard to the number of lots and lot design, the Commission recommended one lot is removed so that the project would be more consistent with the character of the surrounding neighborhood. In regard to landscaping and wall designs, the Commission approved the recommendation of a partial -view fence along the street portion of the stormwater q.x 9 r"y +l channel, the completion of a wall along those Fiesta Drive properties which do not yet have a wall installed, the installation of landscaping along the stormwater channel and entrance, and the use of brick pavers to distinguish entry from Hummingbird Lane onto the private street. Public Notice This map application was advertised in the Desert Sun newspaper on February 25, 2006. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required by the La Quinta Municipal Code. As of this writing, two letters of objection were received from neighboring property owners (Attachment 5) and three phone calls were received with verbal objections. Public Agency Review All written comments received are on file with the Community Development Department. All applicable agency comments received have been made part of the Conditions of Approval for this case. FINDINGS AND ALTERNATIVES Findings necessary to approve the Tentative Tract Map can be made and are contained in the attached Resolutions. The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council approving Tentative Tract Map 34185 to subdivide 3.14 acres into nine residential lots, subject to the Findings and Conditions of Approval; or 2. Do not adopt the Resolutions approving the project; or 3. Provide staff with alternative direction. Respectfully submitted, loot Douglas VIvans Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Tentative Tract 34185 Map Exhibit (Large Format) 2. Excerpts from Planning Commission Minutes of January 10, 2006 and February 14, 2006 3. Line of Sight Exhibit (Large Format) 4. Conceptual Landscaping Exhibit 5. Letters of Objection 11,r t, IV* RESOLUTION 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF 3.14 ACRES INTO NINE RESIDENTIAL LOTS AND MISCELLANEOUS LOTS CASE NO.: TENTATIVE TRACT 34185 APPLICANT: SIENNA CORPORATION WHEREAS, The City Council of the City of La Quinta, California, did on the 7t" day of March, 2006, hold a duly noticed Public Hearing to consider the request of the Sienna Corporation for the subdivision of 3.14 acres into nine single- family residential lots and other miscellaneous lots, located 425 ± feet west of Jefferson Street along the north bank of the CVWD Stormwater Channel, south of Fiesta Drive accessed from Hummingbird Lane, more particularly described as: APN 649-020-072 and 649-063-009 WHEREAS, said Tentative Tract Map has been determined by the La Quinta Community Development Department to be exempt from the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), pursuant to Section 15332, and has thus prepared a Notice of Exemption in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The project has been determined to be a Class 32 infill project, as it is less than five acres in size and is located within existing subdivided land; 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 of Approval to justify approval of said Tentative Tract Map 34185: 1. The Tentative Tract Map and its improvement and design are consistent with the General Plan in that its street design and lots are in conformance with applicable goals, policies, and development standards, such as lot size, and will provide adequate infrastructure and public utilities. 2. The design of the subdivision and its proposed improvements are not likely to create environmental damage or substantially and avoidably injure wildlife or their habitat, as the project is located within existing subdivided land and has been determined to be an urban infill project of less than five acres. 3. Unless the project is reduced by one residential lot from among Tract lots 1 through 7, the project shall have an adverse impact on the public health and safety. Specifically, the project as proposed with 10 residential lots would be inconsistent with the character of the surrounding community in that "�' f City Council Resolution 2006- Tentative Tract Map 34185 Sienna Corporation Approved: March 7th 2006 there would be building massing along lot boundaries that would be out of character with the massing in the surrounding community. The lots proposed for project Tract lots 1 through 7 are significantly smaller and are not within the character of the abutting properties on Hummingbird Lane. Unless one lot is removed, the Planning Commission concludes that this disparity in the size of abutting lots conflicts with section 9.10.010 of the Municipal Code which provides that the objectives of the Zoning Code include establishing "conditions which allow various types of land uses to exist in harmony and to promote the stability of existing land uses by protecting them" and "to prevent undue intensity of land use or development". Furthermore, the RL zoning designation is specifically intended for the "preservation of low density neighborhoods"; permitting smaller lots along the boundary of larger existing residential lots does not preserve the low density character of the existing development. As permitted by section 9.10.040 of the Zoning Code, the City "reserves the right to limit projects to intensities below the General Plan's upper limits." Unless one lot is removed, the lot size and massing proposed by the project may also lead to a visual incompatibility with the abutting properties. 4. There is no other feasible method to mitigate or avoid the impact identified in finding No. 3 other than by removing one lot in Tract lots 1 through 7 because the compatibility with the adjacent property can only be achieved by increasing the lot size among the lots abutting the Hummingbird Lane properties. Thus, in order to achieve continuity with the existing neighborhood and specifically with those existing lots on Hummingbird Lane, it is necessary to remove one lot among Tract lots 1 through 7. 5. The design of the revised subdivision and the proposed types of improvements will not conflict with easements acquired by the public at large, for access through or use of the property within the subdivision in that none presently exist and access is provided within the project and to adjacent public streets. 6. The findings made in this resolution are supported by substantial evidence in the record, including the testimony received at public hearings, the staff presentations, the staff reports, all material in the project files, and the written correspondence and telephone messages left by area residents. There is no other evidence that amounts to "substantial evidence," nor are there other facts that detract from the findings made in this Resolution and the Planning Commission expressly declares that it considered all evidence presented to it and reached these findings after due consideration of all evidence presented to it. City Council Resolution 2006- Tentative Tract Map 34185 Sienna Corporation Approved: March 7th 2006 NOW, THEREFORE, BE IT RESOLVED by the Honorable 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 the City Council does hereby approve Tentative Tract Map 34185 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 7th day of March, 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 34185 SIENNA CORPORATION MARCH 7, 2006 C,FNFRAL 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 Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • South Coast Air Quality Management District Coachella Valley (SCAQMDCV) 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\2006\3-07-06\Sienna TT 34185\FINAL COA TM-34185.doc CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34185 SIENNA CORPORATION MARCH 7, 2006 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 ("N01"), 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. P:\REPORTS - CC\2006\3-07-06\SIENNA TT 34185\FINAL COA TM-34185.130C CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34185 SIENNA CORPORATION MARCH 7, 2006 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) Hummingbird Lane (Cul-de-sac, 50' ROW) — The applicant may be required to dedicate right of way at the private road intersection to Hummingbird Lane as required by the City Engineer. 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: P:\REPORTS - CC\2006\3-07-06\SIENNA TT 34185\FINAL COA TM-34185.DOC CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34185 SIENNA CORPORATION MARCH 7, 2006 A. PRIVATE STREETS 1) Property line shall be placed at the back of curb similar to the lay out shown on the tentative map and the typical street section shown in the tentative map. 2) Private Residential Streets measured at gutter flow line to flow line to be 28 feet of travel width as shown on the tentative tract map if on -street parking is prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The applicant shall establish provisions identifying the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Public Works Department prior to recordation and concurrent with finalizing the tract map. B. CUL DE SACS 1) The cul de sac shall conform to the shape shown on the tentative map with a 38-foot curb radius at the bulb or larger as shown on the tentative map. C. Dead End Street 1) The dead end street shall be redesigned to accommodate U-turn vehicular movement as required by the City Engineer. Curve radii for curbs at all street intersections shall not be less than 25 feet. 1 1 . Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 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. P:\REPORTS - CC\2006\3-07-06\SIENNA TT 34185\FINAL COA TM-34185.130C CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34185 SIENNA CORPORATION MARCH 7, 2006 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 with the express written approval of IID. 14. Direct vehicular access to Hummingbird Lane from lots with frontage along Hummingbird Lane 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. 15. 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. 16. 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 17. 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," refer to persons currently certified or licensed to practice their respective professions in the State of California. 18. 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. .30 PAREPORTS - CC\2006\3-07-06\SIENNA TT 34185\FINAL COA TM-34185.130C CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34185 SIENNA CORPORATION MARCH 7, 2006 19. 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 (Revisions) 1 if = 40' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. SWPPP 1 " = 40' Horizontal NOTE: A through C to be submitted concurrently. D. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1 " = 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. E. On -Site Residential Precise Grading Plan 1 " = 30' Horizontal 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. "Street Parking" plan shall include appropriate signage to implement the "No Parking" 1.81 P:\REPORTS - CC\2006\3-07-06\SIENNA TT 34185\FINAL COA TM-34185.130C CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34185 SIENNA CORPORATION MARCH 7, 2006 concept, or alternatively an on -street parking policy shall be included in the CC & R's subject to City Engineer's Approval. The parking plan or CC & R's shall be submitted concurrently with the Street Improvement Plans. 20. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Online Engineering Library at the City website (www.la-quinta.org). Navigate to the Public Works Department home page and look for the Online Engineering Library hyperlink. 21. 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 22. 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. 23. 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. 24. 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. P:\REPORTS - CC\2006\3-07-06\SIENNA TT 34185\FINAL COA TM-34185.130C CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34185 SIENNA CORPORATION MARCH 7, 2006 25. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, as the City may require. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction or by the issuance of the third Building Permit. 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. 26. 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. P:\REPORTS - CC\2006\3-07-06\SIENNA TT 34185\FINAL COA TM-34185.130C CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34185 SIENNA CORPORATION MARCH 7, 2006 Security will not be required for telephone, natural gas, or Cable T.V. improvements. 27. 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. rRAniNn 28. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 29. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 30. 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. P:\REPORTS - CC\2006\3-07-06\SIENNA TT 34185\FINAL COA TM-34185.130C CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34185 SIENNA CORPORATION MARCH 7, 2006 31. 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. 32. 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. 33. Building pad elevations of the proposed development shall not exceed the building pad elevations of the existing adjacent lots by more than one foot. 34. 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. 35. 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. 36. 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. 37. This development shall comply with Chapter 8.11 (Flood Hazard Regulations), LQMC. If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and P:\REPORTS - CC\2006\3-07-06\SIENNA TT 34185\FINAL COA TM-34185.130C CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34185 SIENNA CORPORATION MARCH 7, 2006 exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95 % Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5 (a) (6) . Prior to issuance of building permits for lots which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. nRAiNAGE 38. Nuisance water shall be retained on site. In residential developments, nuisance water shall be passed through a prefilter system comparable to the MaxWell Plus Primary Settling Chamber (or equivalent) before being disposed in the proposed drywell system or equivalent system approved by the City Engineer. A geotechnical study shall confirm the applicability of drywell use for the development based on the existing soil conditions. The drywell or equivalent system shall be designed to contain surges of up to 3 gph/1,000 sq. ft. of landscape area, and infiltrate 5 gpd/1,000 sq. ft. The drywell shall be designed to contain nuisance water surges from landscape area, residential unit, and off - site street nuisance water. The drywell shall be designed to accept the abovementioned nuisance water requirements. 39. 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. 40. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 41. When an applicant proposes discharge of storm water directly, or indirectly, into the Coachella Valley Stormwater Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City - or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative tract map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the final development CC&Rs for meeting IIG P:\REPORTS - CC\2006\3-07-06\SIENNA TT 34185\FINAL COA TM-34185.DOC CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34185 SIENNA CORPORATION MARCH 7, 2006 these potential obligations. The applicant shall make available to all buyers in this tentative tract map, educational material from the Riverside County Flood Control & Water Quality District regarding stormwater discharge into the Whitewater River System. I JT11 ITIFS 42. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities), LQMC. 43. 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. 44. Existing overhead utility lines impacted by the proposed project which are on - site or adjacent to the site, and all proposed utilities, shall be installed underground. The existing 10-foot or 12-foot P.U.E. established on Tract Map No. 2180 and not affected by this tentative tract map shall remain in effect unless access requirements are required by the affected Utility Companies for this tentative tract map. The existing P.U.E. along the northerly boundary of Lot 62 of Tract Map No. 2180 shall remain unless utilities are relocated and said easement is not required. The easement along the southerly boundary of Lot 62 shall be removed from the tentative tract map. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 45. 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 46. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access P:\REPORTS - CC\2006\3-07-06\SIENNA TT 34185\FINAL COA TM-34185.130C CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34185 SIENNA CORPORATION MARCH 7, 2006 For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 47. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Hummingbird Lane (Cul-de-sac, 50' ROW a) No addition street widening is required. Other required improvements in the Hummingbird Lane right or way include: b) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). B. PRIVATE STREETS 1) Construct 28-foot wide travel width as shown on the tentative map measured from gutter flow line to gutter flow line, provided parking is prohibited and there is adequate off-street parking for residents and visitors, and the applicant makes provisions for perpetual enforcement of the restrictions. 2) The applicant shall design the entrance off Hummingbird Lane with decorative pavement material and other features to distinguish the private street .from the public street right of way as approved by the City Engineer and the Community Development Director. 3) The curb return for the private street shall confirm to La Quinta Standard Plan 220 to include adjustments of the proposed private street curb returns or existing driveways to conform to said standard plan as approved by the City Engineer. C. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay -out shown on the P:\REPORTS - CC\2006\3-07-06\SIENNA TT 34185\FINAL COA TM-34185.130C CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34185 SIENNA CORPORATION MARCH 7, 2006 tentative map with 38-foot curb radius or greater at the bulb similar to the layout shown on the rough grading plan. 48. 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. 49. 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. 50. General access points and turning movements of traffic are limited to the following: Primary Entry (Hummingbird Lane): Full turn movements are permitted. 51. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians and bollards if required, street name signs, and sidewalks. 52. 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 53. 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 189 PAREPORTS - CC\2006\3-07-06\SIENNA TT 34185\FINAL COA TM-34185.130C CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34185 SIENNA CORPORATION MARCH 7, 2006 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. 54. Any new home constructed on site shall be limited to a single -story structure as per LQMC Section 9.60.310. I Aynt JT 55. In order to achieve continuity with the existing neighborhood and abutting properties, one lot shall be removed from among lots 1 through 7. The tentative tract map shall thus be redrawn to have a total of nine numbered residential lots. LANDSCAPING 56. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 57. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 58. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 59. The applicant shall submit the landscape plans for approval to plan checking by the Public Works Department. When plan checking has been completed by the Public Works Department, 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. 60. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. 61. Parking spaces identified on Lot B shall be eliminated from the tentative tract map and replaced with landscaping. P:\REPORTS - CC\2006\3-07-06\SIENNA TT 34185\FINAL COA TM-34185.DOC CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34185 SIENNA CORPORATION MARCH 7, 2006 62. Brick pavers and landscaping shall be installed at the entry of the project, identified as the portion of Lot A adjacent to Lots B and C. Brick pavers shall be constructed to the specifications of the City Engineer. 63. A 6' masonry wall shall be constructed adjacent to Lot 8, 9, 10 and entry lot B. prior to the issuance of building permits on the subject lots. Said wall shall be consistent with the previously installed wall adjacent to Lots 2-7. 64. Wall construction along the landscaped portion of the CVWD Stormwater Channel shall be designed as a partial -view fence, with masonry on the lower portion and painted wrought -iron or tubular steel on the upper portion. This condition does not apply to those numbered residential lots which directly abut the Stormwater Channel. QUALITY ASSURANCE 65. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 66. 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. 67. 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. 68. 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. 191 P:\REPORTS - CC\2006\3-07-06\SIENNA TT 34185\FINAL COA TM-34185.DOC CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34185 SIENNA CORPORATION MARCH 7, 2006 MAINTENANCE 69. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 70. 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 71. 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. 72. 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). 73. The developer shall pay school mitigation fees based on their requirements. Fees shall be paid prior to building permit issuance by the City. (If this subdivision falls within an existing assessment district or in an area that may be subject to an assessment district, add the following condition:) 74. Prior to completion of any approval process for modification of boundaries of the property or lots subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay the cost of such reapportionment. 75. Tentative Tract 34185 shall provide for parks through payment of an in -lieu fee, as specified in Chapter 13.48, LQMC. The in -lieu fee shall be based on the fair market value of the land within the subdivision. Land value information shall be provided to the Community Development Director, via land sale information, a current fair market value of land appraisal, or other information on land value within the subdivision. The Community Development Director may consider any subdivider -provided or other land value information source for use in calculation of the parkland fee. P:\REPORTS - CC\2006\3-07-06\SIENNA TT 34185\FINAL COA TM-34185.DOC CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34185 SIENNA CORPORATION MARCH 7, 2006 FIRE DEPARTMENT 76. Blue dot retro-reflectors shall be placed in the street 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 77. 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 an individual lot. Two sets of water plans are to be submitted to the Fire Department for approval. 78. Final Fire Department conditions will be addressed prior to final map. A plan check fee must be paid to the Fire Department at the time building plans are submitted. All questions regarding Fire Marshall conditions should be directed to the Fire Department Planning & Engineering staff at (760) 863-8886. MISCELLANEOUS 79. A permit from the Community Development Department is required for any temporary or permanent tract signs. Uplighted tract identification signs are allowed subject to the provisions of Chapter 9.160 of the Zoning Ordinance. 80. The Community Development Director shall cause to be filed with the County Clerk a "Notice of Exemption" pursuant to CEQA Guideline § 15332 once reviewed and approved by the City Council. The appropriate filing fee shall be paid by the developer. 81. Should casitas be part of the home design for the production homes on the site, a master Minor Use Permit for all such casitas shall be secured in conjunction with the recordation of the Final Map. A covenant and provision in the CC&R's shall be recorded informing all property owners of the Minor Use Permit and its conditions of approval. 82. The Community Development and Public Works Directors may allow minor design changes to final map applications that include a reduction in the number of buildable lots, changes in lot sizes, relocation of common open space areas or other required public facilities (e.g., CVWD well sites, etc.) and changes in the alignment of street sections, provided the applicant submits a Substantial Compliance Application to the Public Works Department during plan check disclosing the requested changes and how the changes occurred. These changes shall be conveyed to the City Council when the map is presented for recordation consideration. P:\REPORTS - CC\2006\3-07-06\SIENNA TT 34185\FINAL COA TM-34185.130C CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34185 SIENNA CORPORATION MARCH 7, 2006 83. All public agency letters received for this case are made part of the case file documents for plan checking purposes. PAREPORTS - CC\2006\3-07-06\SIENNA TT 34185\FINAL COA TM-34185.DOC Attachment #2 Planning Commission Minutes January 10, 2006 Evans stated one gallon plants would not be as oot-bound as five gallon plants. It was moved and seconded by Commissioners Daniels/Alderson to adopt Planning Commission Reso ution 2006-001, approving Site Development Permit 2005-83;'as recommended and modified: 23. FIL6 vvr i a. Condition added �orequire curvilinear sidewalk between Highway 1.1 1 a/pd the building. b. Condition ad ed to require additional landscaping — five gallon Tex s Rangers. b. Conditi added to allow the drive aisle to be reduced in the strai_ t areas as long as the knuckle is 14 feet ROLL CALL: ES: Commissioners Alderson, Daniels, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Ladner. ABSTAIN: None. C. Tentative Tract Map 34185, a request of Sienna Corporation for consideration of a subdivision of approximately 3.12 acres into ten residential lots and other miscellaneous lots for the property. located ± 425 feet west of Jefferson Street along the north bank of the CVWD Stormwater Channel, south of Fiesta Drive, accessed from Hummingbird Lane. 1. Chairman Kirk asked for the staff report. Associate Planner Andrew Mogensen presented the information contained in the staff report, a copy of which was on file In the Community Development Department. Staff noted some changes to conditions identified in a memorandum distributed to the Commissioners. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Alderson asked if the four or five parking spaces that were on Lot B, were removed and moved to a proposed parallel parking option along the CVWD Flood Control Channel, and on the premise CVWD will not allow this option, then the applicant would go to a 32 foot street width, has the applicant agreed. Staff stated the owner has reservations about increasing the street width. 3. Commissioner Quill stated that typically development along the Channel requires Fining of the Channel; is that the case here. Staff G:\WPDOCS\PC Minutes\2006\1-10-06PC.doc 6 t_ J Planning commission Minutes January 10, 2006 stated it is already lined except for a small strip which the applicant will line. 4. Chairman Kirk asked if this property has ever been designated as open space. Staff stated that was not known without extensive research of the files. Chairman Kirk asked if there has ever been any other designation made on this property. Staff stated that would be question for the applicant. Community Development Director Doug Evans stated staff was not aware of any development or restrictions on this site. 5. There being no further questions of staff Chairman Kirk asked if the applicant would like to address the Commission. Mr. Mike Rowe, representing Sienna Corporation, gave a presentation on the project. They did have an objection to the condition requiring the widening of a street to accommodate parking; they would agree to widen the entry road and restricting the parking on the street. With regard to the proposed gate for the CVWD access, he does -- not believe CVWD will allow this. They do not propose any gates along an access roadway. This property was originally purchased to provide well sites for CVWD. These well sites have gates and they have spoken with CVWD regarding curb returns for access to the well sites on the southerly return. 6. Commissioner Quill asked if they were proposing a private street with no gates. Mr. Rowe there would be public access. 7. Commissioner Daniels asked how public access was proposed for the two original lots they were proposing previously. Mr. Rowe demonstrated their proposed location and reasoning for changing the tract design. 8. Commissioner Alderson asked about Lot B and C in regard to how they would be treated. Mr. Rowe stated they would be landscaped and could use berming to hide the parking spaces. An HOA will be created to maintain the lots. 9. Chairman Kirk asked if there was any other public comment. Mr. Shane Falleur 79-895 Fiesta Drive, stated he lived right behind Lot B and his concern is that there is no wall or landscaping to hide headlights coming from the proposed parking into his property. They were told only two lots were going to be created and now things have changed. There is no wall to separate this tract from G:\WPDOCS\PC Minutes\2006\1-10-06PC.doc 7 Planning Commission Minutes January 10, 2006 his property. Mr. Rowe stated they would be willing to construct — a wall. Chairman Kirk asked if a six foot wall would address his concerns. Mr. Falleur stated yes. 10. Mr. Rod Wright, 79-859 Hummingbird Lane, Lot 65, stated his concern is that he bought his house to live .on a cul-de-sac and now there will be a lot of traffic on his road. He too had been told there would be only two lots. Now with ten lots he has traffic concerns. 11. Ms. Bobbie Froemming, 79-865 Hummingbird Lane, stated she too was approached and told that a block wall would be constructed between her house and the homes to be built. She is also concerned with the amount of traffic these ten lots will create. The construction of the homes will also bring a lot of construction trucks onto Hummingbird Lane. 12. Mr. Robert Denewiler, 79-915 Fiesta Drive, Lot 58, stated he too is concerned with the amount of traffic. When he bought his home, he was told nothing would be built behind his house now, there will be ten homes. Commissioner Quill asked if Mr. Rowe or anyone from the Sienna had ever spoken with them regarding the proposed tract. Mr. Denewiler stated no, and he also did not receive any notification regarding this hearing. 13. Mr. Lee Larimore, 78-925 Fiesta Drive, stated he agrees with what has been stated as well as concern regarding the density of this tract. He asked the size of the lots as it appears the houses are as big as the lots. This will affect their property values having the smaller houses next door. He is also concerned about their access onto Jefferson Street. 14. Chairman Kirk asked Mr. Rowe to address the concerns that had been raised by the residents. Mr. Rowe stated the lot sizes along Fiesta Drive will be 8,700 to 10,800 square feet. These lots are comparable to lots in the area with the exception of the cul-de-sac lots. The construction traffic for the tract will come down Fiesta Drive. In conversations with the residents he has informed them what the area was zoned for and this tract is still below the allowable density, four units to the acre. He believes he has always been upfront with the residents in the area. 19 .•i G:\WPDOCS\PC Minutes\2006\1-10-06PC.doc 8 Planning Commission Minutes January 10, 2006 15. Commissioner Quill stated Lots 55 and 56 currently have houses on them and asked if Sienna ever owned them? Mr. Rowe stated no. 16. Commissioner Alderson asked the house sizes proposed. Mr. Rowe stated they are not intending to build. If they are unable to sell the lots, then they will build what is comparable to what is there. 17. Commissioner Quill noted Lots 2 and 3 have a rear slope going into the building envelope. Mr. Rowe stated there will be stepped retaining walls to accommodate the slope. Commissioner Quill asked if the stormwater would go to the channel. Mr. Rowe stated yes and it has been worked out with CVWD. 18. Commissioner Daniels asked if there were any two story houses and would he have any objections to being conditioned to only one story. Mr. Rowe stated he would object, if it was already allowed --- by Code. Chairman Kirk asked what the maximum height requirement was for this area. Staff stated 28 feet. Chairman Kirk asked if there were any two story homes existing. Staff stated no. 19. Commissioner Alderson asked about the concern regarding automobile lights into the adjoining property. Mr. Rowe stated he had.told the residents that if they build the homes, they will build a wall. 20. Ms. Bobbie Froemming, stated she would appreciate the Commission conditioning the applicant to one-story homes. She too was told this property would never be built upon. 21. There being no further public comment, the public participation portion of the hearing was closed and the matter was opened to Commission discussion. 22. Commissioner Quill stated he has a concern that the applicant has not met with the residents regarding these issues. He would also agree with limiting the homes to one story and requiring the applicant to construct a wall if the adjacent property owner wants it. He would support continuance of this project to allow the applicant time to meet and discuss some of the issues with the residents. G:\WPDOCS\PC Minutes\2006\1-10-06PC.doc 1 9 Planning Commission Minutes January 10, 2006 In 23. Commissioner Alderson stated he too is concerned that some of the residents were not notified about the public hearing. He supports limiting the project to one story. He would prefer to Kook down the drive-in entry and see a landscaped road rather than the dirt trail that exists. If CVWD did not allow the encroachment, the applicant is not supporting the street widening alternative and he does not know where it will go. 24. Commissioner Quill stated that in regard to street widening, he would support the 28 foot wide street. 25. Commissioner Daniels stated he would support Commissioner Quill's comments. He would also support the project going forward while working with the neighboring residents to resolve the issues. He would want Mr. Rowe to meet with the neighbors and resolve the issues as early as possible. 26. Chairman Kirk stated he too would be concerned if he lived here for 30 years and had an expectation of low density or open space. He would like to see a continuance to see a meeting between the residents, staff, and the developer to resolve the issues such as I ensity, amenities, and site design. He agrees with allowing the 28 foot right-of-way with rolled curbs. If they can work an easement with CVWD and have rolled curbs he would not be concerned with off-street parking. 27. It was moved and seconded by Commissioners Daniels/Alderson to continue Tentative Tract Map 34185 to February 14, 2006 28. Chairman Kirk reopened the public hearing. Mr. Rowe'asked that the notice be made tonight to allow this public hearing to take place in one month. Chairman Kirk asked that. staff deliver a notice to each resident and post it in the area. 29. Commissioner Daniels stated he believes the neighbors have been notified and he would move to continue the hearing to .February 14, 2006 with the project being re -noticed for a neighborhood meeting. Commissioner Alderson seconded the motion and the motion carried unanimously. Village Use. Permit 20 -032 and Development A eE request of Nispero Proper ' s, Inc. for consideratio plans for construction of a ± ,433 gross square fo ment 2005-009; a ►f: 1) development kt two-story office 19� G:\WPDOCS\PC Minutes\2006\1 -1 0-06PC.doc 10 Attachment 5 Miller Letter 12-29-05 From: jamie miller [lverness@hotmail.coml Sent: Wednesday, December 28, 2005 12:23 PM To: Andy Mogensen Subject: TENTATIVE TRACT 34185 Dear Mr. Mogensen: I am writing you after our recent telephone conversation regarding this tract. As I informed you at that time, I will be out of the state on January loth so unfortunately will not be unable to attend the meeting. I am totally agaiinst Sienna Corporation's proposal for various reasons and would like the Planning Commission to seriously consider the following issues. when I moved into my home almost eleven years ago I was informed that the land behind my home would never be built on .... I was told by both the selling and listing real estate agents that if it was developed it would be a park or golf course. All of my other neighbors were told the same. The main reasons I bought my home at that time was because it was on a CUL-DE-SAC, no one would be building behind it, and it was in a quiet area. when myself and neighbors met with Mike Rowe of sienna three years ago he informed us that he would be developing the lot next to me as a road going back to Two more lots. In other words, he would be developing TWO lots for Two houses behind my home. I recently called the City of La Quinta because I have an issue with Mike Rowe regarding his not connecting my fence to the wall he put up in April, 2004. At that time I was informed that sienna's new proposal is to put TEN houses behind my home. I was also told that Mr. Rowe informed the City that he has been discussing this issue with the homeowners in the area. He has not talked to me, nor any other neighbor that I have talked to. To put ten houses behind my home would mean enormous traffic in this area. if you figure two vehicles per household, perhaps teenagers with friends' vehicles, the traffic will be constant. I will no longer be on a cul-de-sac, have constant traffic, plus noise now behind my home. sienna also wants to put parking stalls in the lot next to me, which will be an eye sore. I understand that the city is growing, and change is inevitable, but I also believe that consideration should be made when it comes to residents that have lived in an area several years. Thank you. Sincerely, Jamie Miller 79869 Hummingbird Lane La Quinta, CA 92253 Page 1 Wright Letter 1-4-06 From: sandy wright [stephilou@msn.coml sent: Tuesday, January 03, 2006 5:17 PM To: Andy Mogensen subject: sienna Corporation Importance: High Mr. Mogensen, My family and I live directly accross the street from where this proposed tract is being planned and presented to the city. when we bought our home on Hummingbird Lane we were under the impression that the "cul-de-sac" we moved on to would remain a "cul-de-sac" and not an "access road" for all these new homes. The additional traffic, noise and potential crime this project will bring is very upsetting to me and my family, not to mention the eye sore "carport" that we will have to look at daily. I do understand the city is growing as we too are in the construction business but, we do not understand why the city would allow or even consider such a project especially since the owner of this land hasn't even spoken to any of the neighbors about his potential "Project". we look forward to voiceing our opinions at the meeting being held on January loth. Thanks for listening. Rod & sandy Wright Page 1 c� OF TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: DOUG EVANS, COMMUNITY DE LOPMENT DIRECTOR DATE: MARCH 7, 2006 SUBJECT: PUBLIC HEARING NO. 1 — TENTATIVE TRACT MAP 34185, SIENNA CORPORATION Attached is a revision to Condition No. 47.13.1 regarding off-street parking and curb extension, per the Planning Commission's recommendation. Also, two letters and "Neighborhood Alert" have been received and are attached for your information. CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34185 SIENNA CORPORATION MARCH 7, 2006 For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 47. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Hummingbird Lane (Cul-de-sac, 50' ROW a) No addition street widening is required. Other required improvements in the Hummingbird Lane right or way include: b) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). B. PRIVATE STREETS 1) Construct 28-foot wide travel width as shown on the tentative map measured from gutter flow line to gutter flow line an'd[" ry�d 2) The applicant shall design the entrance off Hummingbird Lane with decorative pavement material and other features to distinguish the private street from the public street right of way as approved by the City Engineer and the Community Development Director. 3) The curb return for the private street shall confirm to La Quinta Standard Plan 220 to include adjustments of the proposed private street curb returns or existing driveways to conform to said standard plan as approved by the City Engineer. 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 PAREPORTS - CC\2006\3-07-06\SIENNA TT 34185\FINAL COA TM-34185.130C ""' Miller letter 3-6-06 From'': Jamie miller [lverness@hotmail.coml Sent: Sunday, March 05, 2006 3:45 PM To: Andy Mogensen Subject: Tentative Tract No. 34185 Hi Andew: Please give this to the City Council for the meeting on March 7th. Thank you: To whom It May Concern: Regarding the meeting on March 7, 2006, I would like to voice a few opinions. When I moved to Hummingbird Lane eleven years ago, one of the main reasons was because it is on a cul-de-sac, and at that time I was told by both the sellilg real estate agent and my real estate agent that nothing would ever be built behind me ... it was zoned for a golf course or park. Since that time I have learned from everyone in this area that I have talked to that they were told the same thing. A few years ago some of the neighbors met with Mike Rowe to find out that he was developing the property. At that time he told us he would develop it to have Two homes built along the wash. Since that time he has proposed to develop many more lots, and at this time, as you know, the Planning Commission as approved nine lots. I am totally opposed to that many lots being developed --and if something is passed, I suggest less than nine. My concerns are mainly traffic and safety issues. The entry to these lots is the empty lot next to my home. our cul-de-sac is very small, and this "entry" will only enourage more traffic on our already busy cul-de-sac. If you consider two vehicles per household for these nine homes, plus any vehicles teenager's own and their friends coming and going, it will be not only busy and noisy, but could be dangerous to small children in our area. when Fiesta re -opens we will then have the teenagers going to the High School again using that as a short-cut. when Fiesta oppens we will also have the congestion on Roadrunner because of the 26 homes bein built in that small area. If Tract 34185 is approved for nine homes it will. only add to more traffic problems. Also, recently.there were two trucks parked in front of my mailbox. I saw the mailman drive past my mailbox, not delivering my mail. At this time my neighborhood lines up all of the garbage cans, recycle cans, and lawn cans in one area because the cul-de-sac is so small; otherwise, they aren't picked up. The issue is that this is such a small area and if there is a vehicle in the way we are without mail or garbage pickup. what is going to happen when construction begins on these homes behind me ... where are all of those workers going to park? if they park on the street we will be without services. I also have a concern about the utility poles located in our back yards On the wash. we bro ht this up to the Planning Commission and I don't think it was really resolved. Because they are located in my and my neighbors' yards, how will the utility companies gain access if needed? we have had problems in the past, and at that time they gained access by going along the wash. I have many huge old trees in my backyard which would not be able to be replaced if that is the only was they could get to the poles. I don't think that after all of these years my neighbors and I should see that as our problem. Page 1 Miller Letter 3-6-06 I understand that change is inevitable, but I also think that when people have lived in an area for many years (my next door neighbor has lived in her home for 30 years) that their ideas and concerns should be strongly considered. Thank you. Jamie Miller 79869 Hummingbird Lane La Quinta Page 2 r� .Jiw ti� q l T"r-, cc, x6a A:F- . 1,4sr m f.-Vrl tA t umov,70 To - A 111.81tW) Tit t G e ��l t ;L> �0YIA, NTea r:� b©1VL vk.%,T Cr haw TlA C- ©r,...s rn (�`��� d4.ti►3 t � � � �"�� . caw wt6rwlki, OtC�AP\L 6kXk wrtk Otkk, *r-cD T:i I Nyr lor 75' 764S FO P- y r . � y =1 � Z Qw Dui o tuu� �a :o L( 1UJ U� O 1 L_) S�\Oul% ptt)w:kq�sc, Tip�l ez, CONO Ulft R i. ' :, �T� t c7 (T'/ cco +N cS..�i N -x Sl S.0"W 0, �,cr 4-�3 M.5 -6\Fwl WW TO A 9 ..a •abow .+ 1f1�1i py�f'f�'iy r e vs f# �110 oil � � L awl � f 11; vast v j9 n � t s � qs 3 ih T' Ely ` S � Ain _F� •. l F i'ds Y a 4 a MQy—" 2 } t e S' ° :SAM .(- �.i W rW ter^ 0 NEIGHBORHOOD ALERT All of you have probably received the Public Hearing notice for the La Quinta City Council meeting on March 7, 2006 at 7:00 pm at the La Quinta City Hall. Many neighbors have followed these issues for several months, and some attended a Planning Commission meeting on February 14, 2006. At which time they are recommending the Sienna Corporation may now build nine homes along the wash with rolled curb parking in the area. We are still very concerned about the traffic and safety issues this will present. Again, keep in mind that if you allow two cars per household, plus any teenagers with vehicles and their friends, that is a large amount of traffic that will going down Fiesta. You combine this along with the congestion that will be on Roadrunner, plus the traffic around the high school ---this will be an ENORMOUS problem. When they re -open Fiesta we will also have the teenagers that want to take a "short-cut.' traveling down Fiesta and Roadrunner to get to the High school. Parking on Fiesta, Hummingbird Lane and Roadrunner will also be a problem. We urge each and every one of you to attend the meeting on March 7th AND/OR write your comments to the City Council in care of: Andrew Mogensen. His email address is amogensen@la-quinta.org, and his mailing address is PO Box 1504, 78-495 Calle Tampico, La Quinta, CA 92247- 1504. This may be the last time we will be able to be heard. IF THERE ARE ANY FURTHER CONCERNS YOU MAY HAVE PLEASE BE SURE TO ADDRESS THOSE CONCERNS AT THIS TIME. Thank you in advance for your assistance, and we CAN make a difference!! The Sienna Corporation wanted to put 14 homes in that area! D ECHVE1' D mAR47M COMMUNITY DES/ LppPMENT DEPARTMENT_____ �r_. �, , r