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2006 03 21 CCe as , e 1441: " 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 21, 2006 - 2:00 P.M. Beginning Resolution No. 2006-019 Ordinance No. 427 CALL TO ORDER Roll Call: Council Members: Henderson, Kirk, 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. 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 whewthe Agency is considering acquisition of real property. 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c). 2. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, DOUGLAS R. EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND DISPOSITION OF REAL City Council Agenda 1 March 21, 2006 PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF HIGHWAY 111 AND LA QUINTA CENTRE DRIVE. PROPERTY OWNER/NEGOTIATOR: STAMKO DEVELOPMENT CO. RECONVENE AT 3:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Business Session matters or Public Hearings on the agenda, a completed "request to speak" form should be filed with the City Clerk prior to the City Council beginning consideration of that item. CONFIRMATION OF AGENDA PRESENTATIONS 1. PRESENTATION BY THE PALM SPRINGS DESERT RESORTS AND CONVENTION AND VISITORS AUTHORITY. WRITTEN COMMUNICATIONS 1. CORRESPONDENCE FROM COMMUNITY SERVICES COMMISSIONER ANDREA GASSMAN REQUESTING USE OF THE CITY'S MASCOT COSTUME FOR THE DESERT BAR ASSOCIATION'S DISTINGUISHED JUDGES NIGHT AND ANNUAL BIRD AWARDS CEREMONY. 2. CORRESPONDENCE FROM YMCA OF THE DESERT REQUESTING SUPPORT FOR BUILDING A REGIONAL YMCA FACILITY. 3. CORRESPONDENCE FROM KMIR REGARDING A TEEN DRIVER SAFETY PROGRAM. APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF MARCH 7, 2006. City Council Agenda 2 March 21, 2006 4'" CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1 . APPROVAL OF DEMAND REGISTER DATED MARCH 21, 2006. 2. RECEIVE AND FILE TREASURER'S REPORT FOR JANUARY 31, 2006. 3. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT FOR JANUARY 31, 2006. 4. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 30023-7, TRILOGY, SHEA LA QUINTA, LLC. 5. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 31249, THE VILLAGE AT CORAL MOUNTAIN, ADOBE HOLDINGS, INC. 6. DENIAL OF CLAIM FOR DAMAGES FILED BY ELIZABETH ESCATEL: DATE OF LOSS — JANUARY 27, 2006. 7. DENIAL OF CLAIM FOR DAMAGES FILED BY KAREN COCHRAN: DATE OF LOSS — OCTOBER 9, 2005. 8. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL .OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 31733, MIRA DEL SOL, IREC-PAC/LA QUINTA, LLC. 9. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 31732, MIRA DEL SOL, IREC-PAC/LA QUINTA, LLC 10. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH LAN ENGINEERING CORPORATION TO PREPARE THE PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE FOR THE AVENUE 52 BRIDGE IMPROVEMENTS, PROJECT NO. 2005-02. 11. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR ONE COUNCIL MEMBER TO ATTEND THE INTERNATIONAL COUNCIL OF SHOPPING CENTERS SPRING CONFERENCE IN LAS VEGAS ON MAY 21-24, 2006. 12. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF IMPROVEMENTS FOR A PERIOD OF ONE-YEAR FOR AMENDED TRACT MAP 31348, THE ESTATES AT POINT HAPPY, PH RANCH, LLC. City Council Agenda 3 March 21, 2006 3 13. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR ONE MEMBER OF THE CITY COUNCIL TO ATTEND THE LEAGUE OF CALIFORNIA CITIES REVENUE AND TAXATION COMMITTEE MEETING TO BE HELD FRIDAY, MARCH 31, 2006 IN LOS ANGELES, CALIFORNIA. BUSINESS SESSION 1. CONSIDERATION OF SELECTION OF A PLANNING COMMISSIONER TO FILL AN EXISTING VACANCY THROUGH JUNE 20, 2006. A. MINUTE ORDER ACTION 2. CONSIDERATION OF THE RED LIGHT CAMERA ENFORCEMENT PROGRAM, PROJECT NO. 2004-06. A. MINUTE ORDER ACTION 3. CONSIDERATION OF A RELOCATION PLAN FOR THE DUNE PALMS ROAD DEVELOPMENT. A. MINUTE ORDER ACTION 4. CONSIDERATION OF A RESOLUTION IN SUPPORT OF SB 1542 REGARDING KEY INFORMATION ACCESS FOR MOTOR VEHICLE OWNERS. A. RESOLUTION ACTION 5. CONSIDERATION OF THE LAFCO RECOMMENDATION ON THE SPHERE OF INFLUENCE. 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 (HENDERSON) City Council Agenda 4 March 21, 2006 5. C.V. CONSERVATION COMMISSION (SNIFF) 6. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (RON PERKINS) 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) 11. 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. HISTORIC PRESERVATION COMMISSION MINUTES OF FEBRUARY 16, 2006 18. PLANNING COMMISSION MINUTES OF FEBRUARY 14, AND 28, 2006 19. COMMUNITY SERVICES COMMISSION MINUTES OF FEBRUARY 13, 2006 20. ARCHITECTURE & LANDSCAPE REVIEW COMMITTEE MINUTES OF FEBRUARY 1, 2006. DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. LA QUINTA LIBRARY QUARTERLY REPORT C. REPORT REGARDING A PRESENTATION BY THE PALM SPRINGS INTERNATIONAL AIRPORT DIRECTOR OF AVIATION. 2. CITY ATTORNEY — NONE 3. CITY CLERK A. CITY COUNCIL CALENDAR B. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY DEPARTMENT MONTHLY REPORT FOR FEBRUARY, 2006 5. COMMUNITY DEVELOPMENT DEPARTMENT MONTHLY REPORT FOR FEBRUARY, 2006 6. COMMUNITY SERVICES DEPARTMENT MONTHLY REPORT FOR FEBRUARY, 2006 7. FINANCE DEPARTMENT REPORT - NONE 8. PUBLIC WORKS DEPARTMENT MONTHLY REPORT FOR FEBRUARY, 2006 9. POLICE DEPARTMENT MONTHLY REPORT FOR FEBRUARY, 2006 10. FIRE DEPARTMENT QUARTERLY REPORT MAYOR'S AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING BUS STOP IN FRONT OF THE LA QUINTA LIBRARY — REQUESTED BY COUNCIL MEMBER HENDERSON. RECESS TO REDEVELOPMENT AGENCY MEETING City Council Agenda 5 March 21, 2006 +�! RECESS TO 7:00 P.M. SESSION 7.00 P_M_ PUBLIC COMMENT This is the time set aside for public comment on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three (3) minutes. Please watch the time clock on the speakers podium. PRESENTATIONS 1. 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. 1. PUBLIC HEARING TO ADOPT A RESOLUTION APPROVING THE AMENDED NON - DISPOSAL FACILITY ELEMENT AS REQUIRED BY STATE ASSEMBLY BILL 3001. A. RESOLUTION ACTION ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on April 4, 2006 commencing with closed session at 2:00 PM and open session at 3:00 PM in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. City Council Agenda 6 March 21, 2006 DECLARATION OF POSTING I, June S. Greek, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of March 21, 2006, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 5 1 -3 21 Avenida Bermudas and 78-630 Highway 1 1 1, on Friday March 17, 2006. DATED: March 17, 2006 JUNE S. GREEK, CIVIC , City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777- 7025, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7025. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the 3:00 PM session or the 7:00 PM session. i.� City Council Agenda 7 March 21, 2006 WRITTEN CORRESPONDENCE ITEM: ANDREA C. GASSMAN 53-415 Avenida Obregon La Quinta, CA 92253-3438 Telephone: (760) 564-2100 Facsimile: (760) 564-2100 Email: ac1!assman(a,dc.rr.com March 9, 2006 Via email to: ehylton _la-quinta.orq Edie Hylton Community Services Director City of La Quinta Re: Gamby — Special Consideration Dear Edie: Please forward this letter to the Honorable Mayor Don Adolph and esteemed Council Members. Each year the Desert Bar Association ("DBA") hosts the "Distinguished Judges Night and Annual Bird Awards." The award ceremony is a time when members of the bar association, judges, and clerks gather to roast one another through the parody of a musical or play written by a bar association member. In past years, members of the DBA have presented such block -busters as "Chi -Law -Go," and "Phantom of the Courthouse." This year we will be performing Monty Python's "In Search of the Holy Quail" written by Karen Sloat, of Fitzgerald and Mule'. Yes, "quail" rather than "grail." In my discussions with staff of the City of La Quinta, I understand that Gamby occasionally makes appearances only at city -sponsored events. While this is not an edict, it has become a custom. On behalf of the Desert Bar Association, I am requesting special consideration with regard to Gamby. Gamby's presence as the "holy quail" would contribute tremendously to the success of the event and would require only Gamby's walk across the stage. As compensation for the use of Gamby, the DBA is offering free advertising of any city -sponsored events, including but not limited to Silver Rock, in the program for the evening. This would create good will for the City and educate members of the DBA that the City of La Quinta has a mascot. The event is scheduled for: Date: May 20, 2006. Please note that we may need to borrow Gamby for "his" fitting on a platform prior to the event. Location: Riviera Country Club, Palm Springs Please consider this request. Rest assured, I will take full responsibility for Gamby. If you have any questions, please do not hesitate to contact me at work (568-5661) or home (564-2100). Thank you. Andrea C. Gassman Y-� I United Way of the Desert I WRITTEN CORRESPONDENCE ITEM: YMCA We build strong kids, strong families, strong communities. March 14, 2006 Mayor Adolph and Members of the City Council City Of La Quinta Dear Mayor and City Council Members, Our YMCA of the Desert serves the entire Coachella Valley in many ways, childcare, pre- school, swim lessons and youth sports, just to mention a few. It is our goal to identify community unmet needs and then determine if our YMCA could provide programs and services to meet these needs. In 2002, we did an extensive valley wide needs assessment and learned that a regional YMCA dedicated to health and wellness was in great need. The YMCA has been working on this proposed regional facility for the past 3 years. The City of Rancho Mirage has come forward as the sponsoring city and has offered land, improvements and $3 million in cash towards this project. In order for this project to move forward, the City of Rancho Mirage has requested two things from our YMCA: 1) our ability to raise $9 million and 2) the participation of all the cities in the desert in this regional facility. This attached information goes into considerable detail and outlines our request to the City of La Quinta. Our request if approved would be pledge and payable only if the project is approved and moves forward. The approved amount or participation from your city could be paid over a five (5) year period. In return, your city would have a "participation city status" and your citizens would receive a discount on their membership. This membership would allow use to all YMCA facilities in Palm Springs, Palm Desert, Regional YMCA and La Quinta Pool. It is our plan to develop additional facilities in East Valley and would be a co-operative effort with the YMCA and City of La Quinta. We go before the City of Rancho Mirage on May 4th to present our feasibility study and support from the desert cities. It is our hope you will review the attached information and act in favor of our request on a project that will benefit the health and fitness of the entire valley. ince y, 0 Rob Ballew CEO FAMILY YMCA OF THE DESERT FAMILY YMCA OF THE DESERT 43-930 San Pablo Ave., Palm Desert, CA 92260 3601 E. Mesquite Ave., Palm Springs, CA 92263 (760) 341-9622 Fax (760) 779-9651 (760) 320-6430 Fax (760) 320-1679 To put judeo-Christian principles into practice through programs that build healthy spirit, mind and body for all. 1"� WRITTEN CORRESPONDENCE ITEM: 3 Subject: FW: KMIR - New Driver Car Control Clinic -----Original Message ----- From: Laurie A. Nadeau [mailto:lnadeau@kmir6.com] Sent: Wednesday, March 15, 2006 4:03 PM To: daldoph@la-quinta.org Subject: KMIR - New Driver Car Control Clinic March 15, 2006 Mayor Aldoph City of La Quinta 78-495 Calle Tampico La Quinta CA 92253 Re: KMIR 6 — New Driver Car Control Clinic Thank you so much for all the time you took with me yesterday to both review the materials and watch the CD regarding our Teen Safety program that we are bringing to the Coachella Valley in May 2006. Car crashes are the number one killer of teen drivers in the US and 85% of all teen crashes are attributed to driver error. Not speed. Not drugs. Not alcohol. This clinic is so much more than drivers ed in the traditional sense. This clinic teaches teens automatic responses in emergency situations. In other markets that have held these clinics, there are proven statistics that teen crashes have been reduced by 77%. In short...... this clinic is saving lives. In order to bring this clinic to the Coachella Valley, there are costs that are incurred. We are currently seeking sponsorship or grant money from the cities, local police authorities, school boards, media partners and the business community in order to cover the costs. What we are looking for from the City of La Quinta is funding of $15,000.00 to participate as a partner with KMIR 6 to conduct these clinics. As you know, they run May 13,14,20,21/2006 at both Palm Springs Airport and Jacqueline Cochrane Airport. With those dates in mind, time is of the essence as we need to get the message out on television, radio, transit and in print by the end of March 2006. We look forward to your partnership contribution. If you have any questions, please contact me directly. We look forward to working with you. Laurie A. Nadeau Director of Business Development NBC KMIR Channel 6 72920 Park View Drive Palm Desert CA 92260 10 3/16/2006 T a 444fle 4 �a�w AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: March 21, 2006 ITEM TITLE: Demand Register Dated March 21, 2006 RECOMMENDATION: BACKGROUND: Prepaid Warrants: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING Approve Demand Register Dated March 21, 2006 67580 - 675921 77,500.98 67593 - 676231 76,884.82 67624 - 676241 840.00 Voids} (39,005.00) Wire Transfers} 230,373.49 P/R 33183 - 331961 148,161.05 P/R Tax Transfers} 39,082.52 Payable Warrants: 67625 - 677671 8925540.46 $154261378.32 FISCAL IMPLICATIONS: Demand of Cash - City $15112,255.01 Demand of Cash -RDA $314,123.31 CITY OF LA QUINTA BANK TRANSACTIONS 03/02/06 - 03/16/06 03/08/06 WIRE TRANSFER - PERS 03/08/06 WIRE TRANSFER - ICMA 03/09/06 WIRE TRANSFER - LANDMARK $14,763.03 $6, 979.39 $208,631.07 TOTAL WIRE TRANSFERS OUT $230,373.49 O ti I I \ 1 Y J I O 1 LLJ 1 1 O 1 = O 1 WNw I (D uJ I I a m I I d E I I 0 D I I Oz 1 I H 1 I W w I I 0_ O 1 I ('J IUI I H Z I F- I O H 1 Z I L1J I Iaw1 0 t \I I w U l U I U (n l I a o I I -4 O 1 X 1 I LU H I I W W I I z I I � 1 I 1 1 I 1 I I I I I I I I � I I W 1 I m I H- I X: 1 Z I Z I O 1 I U 1 Y I U I z 1 a I Q I I m I 1 I I >- 1 I m 1 I I I � 1 I LLI 1 I (n I I H I I w I cr I Y I U I W w I H = I d U I C 1 W I J I m I Q 1 >- I 00 Q I Z d i d 1 to 1 H I Z 1 � D I W O I = O U 1 U Z U I � Q 1 0 I > 1 I 1 I 1 I I I I I I Q 1 O Z 1 0 W O O ]L I Z Q LL- Z I w Z ►-1 Q I > J m I Q I u 0 1 0 1 0:: 1 0 d Q I O F- U I N J Z I u1t:3J 1 O \ X: LLl I Z Z M(7Q3 I W O J I > Lt1 ti 0 1 Q O O I d 1 ]L d (7 > Y I U w0E-Z I W O w w H d I m Z d CL U m I U 0 in O 0 O 0 O 0 0 *10 0 O Ln 0 00 0 0 0 In .o M O 0 W O` 0 Lf) Ln 00 00 N Pr) �D O ti O -t N O N c- O O N 00 N1 -t 0 O > Ol I 1 I1.0 000 00 00 00 00 cVN--t 00 LA Ln 00 00 00 000000 �D0%0 00 LnLn0 00 00 00 00 0000�D 00 c-0000 00 �t--T LA0000tn Il-%ON1 00 00 NNUl% mac- Untn 0000 O`O` 00c-- 00 00 00 00 mac- I`00001- I-inPn 00 'O %O Nt 0 O� 0% M W N N r- � W W "o ti ti 00 N ti K1%0 W ,�o W T- � 0, 00 Ln c-000 tnLn MM c NN �� t�t Mc-'OMNM 00 -t Nc- MNO', � 0 00 0, c- r- N M r--tN -t M � tAtn 0 � to O O M I'--tS-t -T MMMMM N1M rn N 00 0 0 O O N I I IT I I 1 I I I I I 1 I I I 0 -t I M I M I M I I I N N 1 O I O M M M M M M M M MMMMM 10 `0 MN1 M rn Ln �M V) Ln M u1 V1 -t mac- c- M V) LA In \0 N to r- 00 N Ln MMMMM NN M N M It Ln Lr% �O Ln r- I I I I 1 I I It NT I I I 'T 1 1 I 10M I I N I N 1 -4 I I NN I 0 I \O I N O N O NNNNN 00000 U"%ln (V 0 Ln ON O O O 0 00 O O O O O O O O O 00000 00 O 0 OI` O O O O 00 V) Pe) M to -T O M tititititi �� ti Ln tic- M I 10 I rn 1 I I I I I 1 I I I I I I I I I I I I 1 00 O O O c- O K- r- 00 O O r- O r- O r- 0 r.- � c- c-� 00000 c- c- 00 O c- O 10 NO %0 10 10 10 %0 10 �O ID 10 10 10 0 10 ID �O �0 10 00000 10 \0 00 O O \D O 00 O O O 0 00 O O O O O O O O 0 00000 00 O 0 00 O O O N O N 00 NN CM N N N N NNNNN NN CM N NN N CM Ln to Ln Ln 00 00 to to Ln ►n Ln In Ln Ln Ln Ln to to In Ln Ln LA C\j CM \\ \ \ \ \ \\ \ \ \ \ \ \\\\\ \\ \ \ 0 00000 00 O O 00 O O O 0 00 O O O O c- r- 00 N1 N1 00 0000 N1 00 00 M 00 00 00 00 00 0000 O O 00 c- 00 c- O O 00 00 0 00 � 00 M 00 -t 00 00 0000 � 00 � 00 � 00 � 00 00 c-� 00 00 00 00 00 00000 00 00 00 00 O 00 0 00 O O O 0 00 O O O O O CD a 00 0 O O 0 00 O O O O O 00000 00 O CD (n U N (n Q H > oa CC (n W to Y N Z W w 0 M: W X: Q c7 F-- 3 CL 0 O Q O U- H = H H U H U H H N 0d H Z Q CC Z V 0 J Z H J W fn N H CC > Q W = !Y O W W H N m O w w d 0 CIO z H J Q d H O 0- W . w J oa Q U an Z ]C Q W Oa W Q H H Q W Q X 0 W U Q V) 0 Z )- F-- W F- Q Elf o: = w Q I J d W U CL W U J W W ZZ Z H Z C) w U W m W m W m H m p m d In = Q a a a Q a a Q Vl �t N ti -T O\ O K) 0� 0 �O �t 00 Ol O 0� N1 N O �O O N V) �O O� vl In In N N Ln N N N N N N N N -)c M in 110 r-00 D` O N M Ln M 10 M ti M 00 M O� N N cV N N M M 10 M \O pn %O M 10 �t N �O ti 10 ti �O ti �O ti ti ti ti ti ti ti ti N r- \0 f` �p 1.0 110 \0 NO �O \0 \0 �o �O `D N D\ to O I` �O O 0 W N t' W Q co Cl- Z: in :3 oz W F- WM IL O CL CD W Z CC CC t1J Cfl z Y Z Q co co w W F- In H C7 u1 IY ]L L) W S V tiJ J Cfl Q Q CL N F- Z O U u a a I � H I O Z I of I O O Y I �t u- Z I H Q I � Q I U O I C7 I .D • � I o as I O N J Z \�O to to �t J �r-n0J \m: W r4) Q 3 0 J p .. 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Z I I W W In I • O 1 w N J O I O Z 1 133 U w CO • W I I £ J p Q c- H 1 CL I Q J v J I I 2 N Q I W W O 1 U `1` U Ln Ln W to to Lr% v l £LUZ l 30 ZO NO WOOD �O I Q= I Q w 00 H 00 H 00 z 00 00 00 0 1 ZU I F- F-+O wO F-0 w000 0 ¢ 1 =3 I z > 0 a 0 w 0 0 0 0 0 N F- I w0 1 O cn0 JO 3000 \ J Z 1 0> I Q Y N0%H 1 p I CF Y £ w w O Nl B I Z I D J Q £ \N1 O I w I Q Q Q 0- ' 4 Kl £ I> I J £ CL N F- 00< 1 I J I I w 1 w£ LL. I 0(-) 1 Ln 0� 00 O N 10 00 K1 O� M Q O I Z H 1 c- N 10 c- %0 In Pn to K) 00 0` Qw I 00 1 M Ln0 In0 �0 0Mtn1l_ CL0 1 p>Z 1 O NN Opt ON 0N00r- W0E- I ZZ I O OO (D 00 0\0ti1` Q p.' H I w H I O O M O cm N 0 N � N CLdU l > 1 O OO OO 0-t 0000 Ala *w COUNCILIRDA MEETING DATE: March 21, 2006 ITEM TITLE: Receive and Treasurer' s Report as of January 31, 2006 RECOMMENDATION: Receive and File BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Receive and File the Treasurer's Report dated January 31, 2006 for the City of La Quinta. FINDINGS AND ALTERNATIVES: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1 /1 /86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds, except as follows: The Federal Home Loan Bank maximum was exceeded on January 19, 2006, as reported on page 2, and is expected to come into conformity on December 15, 2006. As of February 28, 2006, the market of the investment value was $7,481,250 and the amortized cost was $7,497,765 for an unrealized loss of $16,515. Management intends to hold the investment to maturity. I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. Res ctf ully sub itte John M. Falconer, Finance Director proved for submis 'on Thomas P. Genovese, City Manager Attachments: 1. Revenue and Expenditures Report, January 31, 2006 0 T 4 0 -UT 4 4 Q" MEMORANDUM Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for January 31, 2006 DATE: February 28, 2006 Attached is the Treasurer's Report for the month ending January 31, 2006. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. The following table summarizes the changes in investment types for the month: Investment Beginning Purchased Notes Sold/Matured Other Ending Change Cash (3) $ (457,277) $ 11,354 (1) ($445,923) $11,354 LAIF 17,209,320 2,989,932 (1,200,000) 18,999,252 1,789,932 US Treasuries (2) 132,200,167 34,000,000 (2) (33,946,000) (372,151) 131,882,016 (318,151) US Gov't Sponsored Enterprises (2) 29,837,557 19,500,000 (2) (9,500,000) (128,809) 39,708,748 9,871,191 Commercial Paper (2) - 9,000,000 (2) (22,324) 8,977,676 8,977,676 Corporate Notes - 0 0 Mutual Funds 5,722,756 851,599 1 6,574,355 851,599 Total $ 184,512,523 $ 66,352,885 1 $ 44,646,000 $ 523,284 $ 205,696,124 $ 21,183,601 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy except as follows: The Federal Home Loan Bank maximum was exceeded on January 18, 2006, as reported on page 3, and is expected to come into conformity on December 15, 2006. As of February 28, 2006, the market of the investment value was $7,481,250 and the amortized cost was $7,497,765 for an unrealized loss of $16,515. Management intends to hold the investment to maturity. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. ILI John M. Falconer Date Finance Director/Treasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. (3) The cash account may reflect a negative balance. This negative balance will be offset with transfers from other investments before warrants are presented for payment by the payee at the bank. 2 E 7 E N O O N () a) a) () a) O a) 0• O O O O O O O O O O U Z Z Z Z Z Z Z Z Z X W O N i 0 m = u) c E n `� a a a o 0 �� c c a o yU =p U U 06 Q � c p � ti� U p LL LL •o co ns W n o 0 C N U) N 4) > _N co N C (n c N a) N m N a) y m N N cu O) C N E E o a) X co co N p N O 00 C N N O m M y V N N 7 U O (p a) N N H O .�. N C .7. 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E o (n > cu cn aci E a -a s V aci a W E E 1 a_ cn 6 (u (B N = m 06 }}} } : d N C� o N N N� c 0) cn cn F- F_- I - H_ L L > c cu) LL C 0 «' O x �' �' E E EUUUU �_ i i i N d� cu E u) E. `' > �l-I-U)ww(n E E EAU-LLL W W W O O OQQQQ a O E > co a (ncnF-U- tititi - LW W(nQQQQ `�° O ca c d cn co O n O C C O M =Z L(ncoW UDD000000UJJ-i-12 S Z UC7UD Z)JJJJ �H Q — D-a-�O� City of La Quinta Reconciliation of Actual and Surplus Funds City, Redevelopment Agency and Financing Authority January 31, 2006 Balance of Actual Funds 205,696.124 Less Petty cash Funds (1,000) Less Non -Surplus Funds (1,795.048) Balance of Surplus Funds $ 203,900,076 C' Cash L Investments Bank Accounts Name - Availabilit Surplus Type Book Wells Fargo - Demand No Checking $ (467,009) Petty Cash - Demand No N/A 1,000 Wells Fargo/Housing - Demand Yes Checking 20.086 Total - Bank Accounts $ 445,923 U. S. Treasury Custodian - Availability Surplus Issuer/Type Amortized Value Bank of New York - Demand Yes U.S. Treasury Bill 8,913,411 Bank of New York - Demand Yes U.S. Treasury Bill 9,885.628 Bank of New York - Demand Yes U.S. Treasury Bill 4,934,977 Bank of New York - Demand Yes U.S. Treasury Bill 9,894.793 Bank of New York - Demand Yes U.S. Treasury Note 3,950,206 Bank of New York - Demand Yes U.S. Treasury Note 4,939,547 Bank of New York - Demand Yes U.S. Treasury Note 4,981,361 Bank of New York - Demand Yes U.S. Treasury Note 5,000.578 Bank of New York - Demand Yes U.S. Treasu Note 4,985,272 Total - U.S. Treasury 57,485,773 U. S. Government Sponsored Enterprises Custodian - Availability Surplus Issuer/Type Amortized Value Bank of New York - Demand Yes FHLB 4,967,029 Bank of New York - Demand Yes FHLB-Discount 2,885,620 Bank of New York - Demand Yes FHLB 1,985,472 Bank of New York - Demand Yes FHLB 7,497,765 Bank of New York - Demand Yes FNMA 5.004,721 Bank of New York - Demand Yes FARM CREDIT 4,990,357 Bank of New York - Demand Yes FHL Mortgage 2,516,233 Bank of New York - Demand Yes FARM CREDIT 4,966,196 Bank of New York - Demand Yes FNMA 4,895,355 Total - U.S. Government Securities 1 39,708,748 Prime Commercial Paper Book Custodian - Availability Surplus issuer/Type Value Bank of New York - Demand Yes General Electric Co 2,992,567 Bank of New York - Demand Yes Nestle Capital Corp 2,992,575 Bank of New York - Demand Yes CitiGroup Funding Inc 2,992,534 Total - Prime Commercial Paper 8,977,676 Local Agency Investment Fund Name - Availability Surplus Type Book LAIF - City -Demand Yes State Pool 15,298,012 LAIF - RDA - Demand Yes State Pool 3,701,240 Total - State Pool 18.999,252 Total City Investments Total City Cash & Investments Fiscal Agent Investments Surplus Yes Adi Surplus Yes 20,086 20,086 $ 20,086 $ $ 20,086 Surplus Surplus Yes Ad' Yes 8,913,411 8,913,411 9,885,628 9,885.628 4,934,977 4.934,977 9,894,793 9,894.793 3,950,206 3,950,206 4,939,547 4,939,547 4,981,361 4,981,361 5,000.578 5,000,578 4,985,272 4,985,272 57,485,773 57,485,773 Surplus Yes Ad' Surplus Yes 4,967,029 4,967,029 2.885.620 2,885,620 1,985,472 1,985.472 7.497,765 7,497,765 5.004,721 5,004,721 4,990,357 4,990,357 2,516,233 2,516,233 4,966,196 4,966,196 4,895,355 4,895,355 Surplus Surplus Yes Ad' Yes 2,992.567 2,992.567 2,992,575 2,992.575 2.992,534 2,992,534 8,977.676 8,977,676 Surplus Surplus Yes Ad' Yes 15,298,012 (2,262,057) 13,035,955 3,701,240 3,701,240 18,999,252 2,262,057 16,737,195 Surplus No Ad' Surplus No $ (467,009) $ 2,262.057 $ 1,795,048 1,000 1,000 $ 466,009) $ 2,262,057 $ 1,796,048 Surplus No Ad' Surplus No Surplus Surplus No Adj No Surplus Surplus No Ad' No All Funds Surplus Actual % Yes -0.2168% 0.0099% All Funds Surplus Actual % Yes 27.9469 % 28.1931 % All Funds Surplus Actual % Yes 19.3046 % 19.4746 All Funds Surplus Actual % Yes 4.3645 % 4.40300% All Funds Surplus Actual % Yes 9.2366% 8.2085 % 125,171,449 125,171,449 2,262,057 122,909,392 60.8526 % 60.2792% 1245,526 125,191,535 2,262,057 19,478 22,92466,009 2,262,057 1,796,048 r60.6358% 60.2897 ,72•/. Portfolio - City Investments Amortized Custodian - Availability Surplus issuer/Type Value 2002 RDA U.S. Bank-CIP Yes U.S.Treasury Bill 10,046,402 2004 Finance Authority -CIP 2004 Finance Authority -CIP 2004 Finance Author' -CIP Yes Yes Yes U.S.Treasury Bill U.S.Treasury Bill U.S.Treasury Note 29,491,307 9.948,715 24,909,819 Total - U.S. Treasury 74,3967243 Portfolio - Mutual Funds Trustee - Availability Surplus Money Market Mutual Fund Book Value Civic Center U.S.Bank - Project YES 1st American Civic Center U.S.Bank - Debt Svc YES 1st American 177 1994 RDA U S. Bank -Debt SVC YES 1st American 1995 RDA U.S.Bank - CIP YES 1st American 1995 RDA U.S.Bank - Special Fund YES 1 st American 2004 Fin Auth - 1995 US Bank - Escrow YES 1st American 1998 RDA U.S.Bank - CIP YES 1st American - 1998 RDA U.S.Bank - Dbt Svc YES 1st American 1998 RDA U.S.Bank - Special Fund YES 1st American 1998 RDA U.S.Bank - CIP YES 1st American 2001 RDA U.S. Bank - Dbt Svc YES 1st American 2001 RDA U.S. Bank - CIP YES 1st American 2002 RDA U.S. Bank - Dbt Svc YES 1 st American 2002 RDA U.S. Bank - CIP YES 1st American 2,189.511 2003 Taxable RDA U.S. Bank - DS YES 1st American 2003 Taxable RDA U. S. Bank -COI YES 1st American 2003 Taxable RDA U. S. Bank-CIP YES 1 st American 2004 Fin Auth US Bank OF YES 1 st American 4,384.667 2004 Fin Auth US Bank - COI YES 1st American Subtotal - Mutual Fund 6,574,355 Surplus Surplus Yes Ad' Yes 10,046,402 10,046,402 29.491,307 29,491,307 9,948,715 9.948,715 24,909,819 24,909.619 74,396,243 74,396,243 Surplus Yes Ad' Surplus Yes 177 177 2,189,511 2,189,511 4,384,667 4,384,667 6,574,355 6,574.355 Surplus Surplus No Adj No Surplus No Adi Surplus No All Funds Surplus Actual % Yes 36.1680 % 36.4866 All Funds Surplus Actual % Yes 3.1961 % 1 3.2212LJ t� Total Fiscal Agent Investments 80,970,598 80,970,598 80,970,598 39.3642Y. 1 39.7109% Grand Total 205,696,1241 206,162,133 2,262,057 203,900,076 466,009 2,262,057 1 11,796,048 1 1100.0000%1100.0000'/. 7 _ M O (D n Opt (0 ti L0 M Cr 00 O to N 00 M M co Cl) rZ Lo0) (D N CIA Np U t0 0) " OD r• t� 0 00 O O M f- 0 M 0) (D a l0 f0" M n � O O (D O 00 01 (Lo (DD '7 � � co M N NLo Oa LO M e- e" V) O OOi LOOLOc 'IT - -otiI 00 p N N O N N O l O M 0) O V CD a0 (f) O �_ 00 t, cc M p 4 N O W (O O) N O i'5 10 M O V' tD a N co O co N ('M O M N N O tD ems•- N d N N co O O ti O N a0 O O N _ (n O M 00 O c O0 0 Ln p (p 000 m 0) tp 0p0_ 0) CIt C c0 (D LO L � �.' r 0 ((0 O 00 V7 M 00 1` L (p 7 N .-- 't N r- � (D NU) c1) ti r Cl)(n O 'fit U., C, N to M N co O N O ti ti N O 00 C) O N V7 co Cl) cm U i >. 00 (0 O O O oo ( M N of 00 . -OtiIZG) - (V M � r O (D M f�pOj�004 e- 0) c0 � tD 0 2 � ((pV Lo N N LO N N 00LL r- N t0 "0 4) N N co_ O (Dl-)c00 000OO � O Ln N O C) a00 (0 U i O .L0o co O r� O O M 0 ^ W pNpw ti T L0 O' Q OIT O d CO M O cM V N (n N M - 1- 0) (D (Y) ti (� M O M N N M M U')O 0D O tff coe- p le9 Q p Qj O Cl) O N' O LO cD N l� O 0) N O Il- O (D ti 0o N 00 " N Cl) co O NU � N Cl) �OOOcAn N N N h cn y ++ p O M O N N O O 00 O a) 0)O(N M CD Cl) (V M O M (y6 Na)(L 0�0 (D 0 O O I Cl) Cf It N O (n 0)O N '- (D O (D N (M O (OD M M i- M a) Cl) O a) (A N (n - N N O 10 r .�- LL LL N O O O N Y) M Cl cop O O c0 Ln In In (D O 00 q* crDoo10 "t'at O) co r a- 00 V O M O ti U M 0 (') cD O r N (14 00 co Cl) Q Lqe O (MD r-� r coO O '0 N 0 t N v co N 0 N O N Z 00 (, M M lh N t- } N c 0) L > o V! > c L ~ V1 � C L V) C N N V) 41 0 X cn 0 N m C U C a)N u! m O7 V) C 4) J CL K C y u! 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C C C x> Q 0 7 7 @ LL C C C X> Q C C C (U C C C X> Q C C C x N u" C C C X> Q C C C 0)- C C C X> Q C C C (U C C C)> Q Q Q Q (n Q J U= -� Q Q Q Cn Q J Q Q Q Co Q J Q Q Q Ui Q J Q Q Q () Q J Q Q Q Co Q J I-% q tj A, ffl J c to U N � N Z � C N CD Q N U- 0 0 +.• C U E U) w N - C 7 C X in QrL � � CD N a w L c U U) c d Q CY d 0 0 R N c c J = =3 E E 4..—,� ww 0 � N N - - 0 V m O C C .� N Q Q 1 N 0 0 0 0 o C o 0 0 0 0 \ 0-0-0- \ ; ■ tf) O In O lf) O LO O Q O M r7 LO d O M M a N N r' r O O 1 .1 i .1 .1 i i I I I I I 1 ,1 i �1 ■ 1 i ,I 1 1 ■ 1. + 1 1 11 � C� 9ti5 4 MOFT�ti AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: March 21, 2006 BUSINESS SESSION: ITEM TITLE: Receive and File Revenue and Expenditure Report for January 31, 2006 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Receive and File. BACKGROUND AND OVERVIEW: Receive and File the January 31, 2006 Statement of Revenue and Expenditures for the City of La Quinta. Respectfully submitted, John M. Falconer, Finance Director Approved for submission y: Thomas P. Genovese, City Manager Attachments: 1. Revenue and Expenditures Report, January 31, 2006 ATTACHMENT CITY OF LA QUINTA REVENUES - ALL FUNDS 07/01/2006 - 01/31/06 FUNDS BUDGET RECEIVED RECEIVED General $27,872,207.00 $14,794,330.92 53.10% Library 1,530,800.00 (981.94) -0.10% Gas Tax Revenue 583,800.00 481,156.77 82.40% Federal Assistance 517,307.00 306,663.69 59.30% Urban Forestry 1,100.00 0.00 0.00% Slesf (Cops) Revenue 100,700.00 100,321.87 99.60% Local Law Enforcement 0.00 0.00 0.00% Indian Gaming 201,142.00 180,714.93 89.80% Lighting & Landscaping 842,200.00 421,810.98 50.10% RCTC 2,056,829.00 209,290.26 10.20% Development Funding 180,000.00 0.00 0.00% Quimby 805,700.00 3,815,462.33 473.60% Infrastructure 600.00 10,224.10 1704.00% Village Parking 0.00 0.00 0.00% South Coast Air Quality 42,200.00 23,432.22 55.50% Cmaq/lstea 50,597.00 0.00 0.00% Transportation 1,162,500.00 1,895,722.93 163.10% Parks & Recreation 446,000.00 507,318.61 113.70% Civic Center 256,000.00 361,942.75 141.40% Library Development 177,500.00 222,220.00 125.20% Community Center 54,600.00 98,142.81 179.70% Street Facility 48,000.00 34,091.24 71.00% Park Facility 12,000.00 6,851.30 57.10% Fire Protection Facility 74,500.00 104,040.17 139.70% Library Development (County) Facili 0.00 (0.46) 0.00% Arts In Public Places 105,100.00 188,965.44 179.80% Interest Allocation 0.00 773,777.00 0.00% Capital Improvement 73,517,806.00 14,853,702.99 20.20% Assessment District 2000-1 0.00 3,607.77 0.00% Equipment Replacement 397,000.00 365,365.06 92.00% Information Technology 443,000.00 435,888.27 98.40% Park Equipment & Facility 256,300.00 255,844.39 99.80% SilverRock Golf 3,720,155.00 1,290,123.70 34.70% SilverRock Golf 69,353.00 106.60 0.20% LQ Public Safety Officer 2,100.00 2,122.60 101.10% La Quinta Financing Authority 5,867,556.00 3,468,100.49 59.10% RDA Project Area No. 1 39,648,680.00 27,731,601.22 69.90% RDA Project Area No. 2 26,958,954.00 29,405,330.98 109.10% Total $188,002,286.00 $102,347,291.99 54.40% CITY OF LA QUINTA EXPENDITURES - ALL FUNDS 07/01/2005 - 01/31/06 FUNDS BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET PERCENT General $29,326,298.00 $11,780,937.48 $131,643.98 $17,413,716.54 40.2% Library 1,352,978.00 480,743.57 0.00 872,234.43 35.5% Gas Tax 724,732.00 358,865.56 0.00 365,866.44 49.5% Federal Assistance 517,307.00 129,352.31 0.00 387,954.69 25.0% Urban Forestry 0.00 0.00 0.00 0.00 0.0% Slesf (Cops) Revenue 101,400.00 0.00 0.00 101,400.00 0.0% Local Law Enforcement 0.00 0.00 0.00 0.00 0.0% Indian Gaming 201,142.00 37,338.85 0.00 163,803.15 18.6% Lighting & Landscaping 842,200.00 491,283.30 0.00 350,916.70 58.3% RCTC 2,056,829.00 194,570.26 0.00 1,862,258.74 9.5% Development Agreement 0.00 0.00 0.00 0.00 0.0% Quimby 645,133.00 227,688.59 0.00 417,444.41 35.3% Infrastructure 721,353.00 227,650.65 0.00 493,702.35 31.6% Village Parking (1,893.00) 0.00 0.00 (1,893.00) 0.0% South Coast Air Quality 26,600.00 9,723.97 0.00 16,876.03 36.6% Cmaq/lstea 0.00 0.00 0.00 0.00 0.0% Transportation 7,322,318.00 2,359,888.23 0.00 4,962,429.77 32.2% Parks & Recreation 113,358.00 163,183.58 0.00 (49,825.58) 144.0% Civic Center 3,350,291.00 120,298.90 0.00 3,229,992.10 3.6% Library Development 0.00 38,713.13 0.00 (38,713.13) 0.0% Community Center 0.00 0.00 0.00 0.00 0.0% Street Facility 0.00 0.00 0.00 0.00 0.0% Park Facility 0.00 0.00 0.00 0.00 0.0% Fire Protection 0.00 17,312.45 0.00 (17,312.45) 0.0% Library County DIF 0.00 0.00 0.00 0.00 0.0% Arts In Public Places 514,978.00 24,428.92 0.00 490,549.08 4.7% Interest Allocation 0.00 0.00 0.00 0.00 0.0% Capital Improvement 73,517,806.00 14,853,702.99 75,034.10 58,589,068.91 20.2% Proposed Assessment Dic 17,316.00 17,316.42 0.00 (0.42) 100.0% Equipment Replacement 1,082,585.00 113,829.70 85,894.18 882,861.12 10.5% Information Technology 634,043.00 102,602.13 0.00 531,440.87 16.2% Park Maintenance Facility 0.00 0.00 0.00 0.00 0.0% SilverRock Golf 4,255,518.00 2,255,762.55 0.00 1,999,755.45 53.0% Lq Public Safety Officer 2,000.00 0.00 0.00 2,000.00 0.0% La Quinta Financing Authc 5,867,556.00 3,478,548.13 0.00 2,389,007.87 59.3% RDA Project Area No. 1 66,203,703.00 26,300,007.58 0.00 39,903,695.42 39.7% RDA Project Area No. 2 88,335,097.00 15,351,361.89 0.00 72,983,735.11 17.4% Total $287,730,648.00 79,135,111.14 $292,572.26 $208,302,964,60 27.5% CITY OF LA QUINTA GENERAL FUND REVENUES DETAIL 07/01/2005 - 01/31/06 REMAINING BUDGET RECEIVED BUDGET TAXES: Property Tax 1,167,900.00 713,426.89 454,473.11 No Low Property Tax Distribution 1,545,000.00 849,791.26 695,208.74 Sales Tax 5,256,000.00 2,857,755.72 2,398,244.28 Sales Tax Reimbursement 1,752,000.00 0.00 1,752,000.00 Document Transfer Tax 797,800.00 625,069.58 172,730.42 Transient Occupancy Tax 4,108,100.00 1,497,629.28 2,610,470.72 Transient Occupancy Tax - Mitigatioi 0.00 497,500.00 (497,500.00) Franchise Tax 916,200.00 216,596.51 699,603.49 TOTAL TAXES 15,543,000.00 7,257,769.24 8,285,230.76 LICENSE & PERMITS: Business License 274,100.00 124,040.80 150,059.20 Animal License 14,800.00 8,525.00 6,275.00 Building Permits 493,800.00 1,100,898.33 (607,098.33) Plumbing Permits 84,400.00 189,307.35 (104,907.35) Mechanical Permits 43,100.00 105,524.70 (62,424.70) Electrical Permits 85,000.00 158,124.59 (73,124.59) Garage Sale Permits 11,800.00 8,130.00 3,670.00 Misc. Permits 86,200.00 142,984.96 (56,784.96) TOTAL LICENSES & PERMITS 1,093,200.00 1,837,535.73 (744,335.73) FEES: Sale of Maps & Publications 13,200.00 2,980.50 10,219.50 Community Services Fees 264,500.00 215,545.75 48,954.25 Finance 0.00 110,906.88 (110,906.88) Bldg & Safety Fees 377,100.00 646,817.55 (269,717.55) Community Development Fees 222,400.00 212,880.69 9,519.31 Public Works Fees 584,400.00 1,246,993.00 (662,593.00) TOTAL FEES 1,461,600.00 2,436,124.37 (974,524.37) INTERGOVERNMENTAL Motor Vehicle In -Lieu Motor Vehicle Code Fines Parking Violations Misc. Fines AB939 Federal Govt Grants County of Riverside Grant State of California Grant Fire Services Credit CSA152 Assessment TOTAL INTERGOVERNMENTAL INTEREST MISCELLANEOUS Miscellaneous Revenue Other Mitigation Measures Litigation settlement Cash Over/(Short) TOTAL MISCELLANEOUS TRANSFERIN TOTAL GENERAL FUND 1,726,200.00 107,153.95 1,619,046.05 94,000.00 48,369.66 45,630.34 27, 700.00 11, 797.00 15, 903.00 175, 874.00 104, 722.20 71,151.80 89,350.00 0.00 89,350.00 0.00 5,793.00 (5,793.00) 0.00 16,719.29 (16,719.29) 8,600.00 11,158.60 (2,558.60) 4,337,893.00 883,239.53 3,454,653.47 174,200.00 202,363.08 (28,163.08) 6,633,817.00 1,391,316.31 5,242,500.69 2,747,400.00 1,816,290.48 931,109.52 7,149.00 4,486.62 2,662.38 0.00 0.00 0.00 0.00 0.00 0.00 51.00 20.84 30.16 7,200.00 4,507.46 2,692.54 385,990.00 50,787.33 335,202.67 27, 872, 207.00 14, 794, 330.92 13, 077, 876.08 a: CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING BUDGET RECEIVED BUDGET LIBRARY: County of Riverside Contributions Interest TOTAL LIBRARY GAS TAX REVENUE: Section 2105 Section 2106 Section 2107 Section 2107.5 Traffic Congestion Relief Interest TOTAL GAS TAX FEDERAL ASSISTANCE REVENUE: CDBG Grant Interest TOTAL FEDERAL ASSISTANCE URBAN FORESTRY Grant Revenue Interest TOTAL URBAN FORESTRY SLESF(COPS)REVENUE: SLESF (Cops) Funding Interest TOTAL SLESF (COPS) 1,527,800.00 0.00 1,527,800.00 0.00 0.00 0.00 3,000.00 (981.94) 3,981.94 1,530,800.00 (981.94) 1,531,781.94 189, 300.00 130, 723.77 58, 576.23 147,000.00 90,891.56 56,108.44 233, 700.00 177,108.35 56, 591.65 6,200.00 6,000.00 200.00 0.00 73,338.96 (73,338.96) 7,600.00 3,094.13 4,505.87 583,800.00 481,156.77 102,643.23 LOCAL LAW ENFORCEMENT BLOCK GRANT REVENUE: LLEBG Funding Interest Transfer in TOTAL LLEBG 0.00 0.00 0.00 INDIAN GAMING 517,307.00 306,663.69 210,643.31 0.00 0.00 0.00 517,307.00 306,663.69 210,643.31 1,100.00 0.00 1,100.00 0.00 0.00 0.00 1,100.00 0.00 1,100.00 100,000.00 100,000.00 0.00 700.00 321.87 378.13 100,700.00 100,321.87 378.13 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Grant revenue 198,942.00 177,250.00 21,692.00 Interest 2,200.00 3,464.93 (1,264.93) TOTAL INDIAN GAMING 201,142.00 180,714.93 20,427.07 LIGHTING & LANDSCAPING REVENUE: Assessment 842,200.00 421,810.98 420,389.02 Developer 0.00 0.00 0.00 Interest 0.00 0.00 0.00 TOTAL LIGHTING & LANDSCAPIN 842,200.00 421,810.98 420,389.02 RCTC RCTC Funding Transfer in TOTAL RCTC DEVELOPMENT AGREEMENT FUND Mitigation Measures Interest Transfer in TOTAL DEV AGREEMENT QUIMBY REVENUE: Quimby Fees Interest TOTAL QUIMBY 2,056,829.00 209,290.26 1,847,538.74 0.00 0.00 0.00 2,056,829.00 209,290.26 1,847,538.74 180,000.00 0.00 180,000.00 0.00 0.00 0.00 0.00 0.00 0.00 180,000.00 0.00 180,000.00 800,000.00 3,760,838.63 (2,960,838.63) 5,700.00 54,623.70 (48,923.70) 855 0000. 0 3,815,462.33 3,009, 62.33 INFRASTRUCTURE REVENUE: Utility refund 0.00 2,500.00 (2,500.00) Interest 600.00 7,724.10 (7,124.10) Transfer in 0.00 0.00 0.00 TOTAL INFRASTRUCTURE 600.00 10,224.10 (9,624.10) VILLAGE PARKING REVENUE: Interest 0.00 0.00 0.00 TOTAL VILLAGE PARKING 0.00 0.00 0.00 5 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING BUDGET RECEIVED BUDGET SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution MSRC Funding Street Sweeping Grant Interest TOTAL SCAQ CMAQ/ISTEA CMAQ/ISTEA Grant Interest TOTAL CMAQ/ISTEA TRANSPORTATION Developer fees Interest Transfer in TOTAL TRANSPORTATION PARKS & RECREATION CIVIC CENTER 39,900.00 21,608.83 18,291.17 0.00 0.00 0.00 0.00 0.00 0.00 2,300.00 1,823.39 476.61 42,200.00 23,432.22 18,767.78 50,597.00 0.00 50,597.00 0.00 0.00 0.00 50,597.00 0.00 50,597.00 1,096,200.00 1,813,689.49 (717,489.49) 66,300.00 82,033.44 (15,733.44) 0.00 0.00 0.00 1,162,500.00 1,895,722.93 (733,222.93) Developer fees 446,000.00 504,866.00 (58,866.00) Interest 0.00 2,452.61 (2,452.61) Transfer in 0.00 0.00 0.00 TOTAL PARKS & RECREATION 446,000.00 507,318.61 (61,318.61) Developer fees 256,000.00 335,279.30 (79,279.30) Interest 0.00 26,663.45 (26,663.45) Transfer in 0.00 0.00 0.00 TOTAL CIVIC CENTER 256,000.00 361,942.75 (105,942.75) LIBRARY DEVELOPMENT Developer fees 177,500.00 222,220.00 (44,720.00) Interest 0.00 0.00 0.00 Transfer in 0.00 0.00 0.00 TOTAL LIBRARY DEVELOPMENT 177,500.00 222,220.00 (44,720.00) COMMUNITY CENTER Developer fees 37,000.00 88,232.00 (51,232.00) Interest 17,600.00 9,910.81 7,689.19 TOTAL COMMUNITY CENTER 54,600.00 98,142.81 (43,542.81) STREET FACILITY Developer fees Interest TOTAL STREET FACILITY PARK FACILITY Developer fees Interest TOTAL PARK FACILITY FIRE PROTECTION FACILITY 44,100.00 31,802.28 12,297.72 3,900.00 2,288.96 1,611.04 48,000.00 34,091.24 13,908.76 11,000.00 6,289.00 4,711.00 1,000.00 562.30 437.70 12,000.00 6,851.30 5,148.70 Developer fees 74,500.00 104,040.17 (29,540.17) Interest 0.00 0.00 0.00 TOTAL FIRE PROTECTION FACILI 74,500.00 104,040.17 (29,540.17) LIBRARY DEVELOPMENT (COUNTY) FACILITY Developer fees 0.00 0.00 0.00 Interest 0.00 (0.46) 0.46 TOTAL LIBRARY DEV (COUNTY) 0.00 (0.46) 0.46 ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 97,500.00 177,434.70 (79,934.70) Arts in Public Places Credits Applied 0.00 0.00 0.00 Interest 7,600.00 11,530.74 (3,930.74) TOTAL ARTS IN PUBLIC PLACES 105,100.00 188,965.44 (83,865.44) INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0.00 773,777.00 (773,777.00) Transfer In 0.00 0.00 0.00 TOTAL INTEREST ALLOCATION 0.00 773,777.00 (773,777.00) 0 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING BUDGET RECEIVED BUDGET CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Surface Transportation Funding City of Indio DSUSD SB300 Funding RCTC SB821-Bicycle Path Grant State of California APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CIP REVENUE ASSESSMENT DISTRICT 2000-1 Interest Assessment Bond Proceeds Prepayments -sewer assessments Transfer in TOTAL ASSESSMENT DISTRICT 23,413,062.00 4,720,480.94 18,692,581.06 848,479.00 0.00 848,479.00 0.00 0.00 0.00 472,800.00 19,170.00 453,630.00 2,847,122.00 0.00 2,847,122.00 82,656.00 0.00 82,656.00 0.00 0.00 0.00 0.00 0.00 0.00 52,887.00 62,991.00 (10,104.00) 373,575.00 0.00 373,575.00 0.00 0.00 0.00 306,250.00 0.00 306,250.00 0.00 0.00 0.00 45,120,975.00 10,051,061.05 35,069,913.95 73,517,806.00 14,853,702.99 58,664,103.01 0.00 3,607.77 (3,607.77) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,607.77 (3,607.77) EQUIPMENT REPLACEMENT FUND: Equipment Charges 331,300.00 331,312.00 (12.00) Capital Contribution 0.00 0.00 0.00 Sale of Fixed Asset 0.00 0.00 0.00 Insurance Recoveries 0.00 0.00 0.00 Interest 65,700.00 34,053.06 31,646.94 Transfers In 0.00 0.00 0.00 TOTAL EQUIPMENT REPLACEME 397,000.00 365,365.06 31,634.94 INFORMATION TECHNOLOGY FUND: Charges for services 426,000.00 426,018.00 (18.00) Capital Contribution 0.00 0.00 0.00 Sale of Fixed Asset 0.00 0.00 0.00 Interest 17,000.00 9,870.27 7,129.73 Transfers In 0.00 0.00 0.00 TOTAL INFORMATION TECHNOL( 443,000.00 435,888.27 7,111.73 PARK EQUIPMENT & FACILITY Charges for services 250,000.00 250,000.00 0.00 Interest 6,300.00 5,844.39 455.61 Capital Contributions 0.00 0.00 0.00 TOTAL PARK EQUIPMENT & FAC 256,300.00 255,844.39 455.61 SILVERROCK GOLF Green fees Range fees Resident Card Merchandise Food & Beverage Allocated Interest Income Transfers In TOTAL SILVERROCK GOLF SILVERROCK GOLF RESERVE Interest Transfers In TOTAL SILVERROCK GOLF LQ PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL LQ PUBLIC SAFETY 3,175,395.00 1,006,330.43 2,169,064.57 34,470.00 21,634.00 12.836.00 52, 500.00 21, 075.00 31,425.00 245,790.00 121,084.27 124,705.73 12,000.00 0.00 12,000.00 0.00 0.00 0.00 200,000.00 120,000.00 80,000.00 3,720,155.00 1,290,123.70 2,430,031.30 0.00 106.60 (106.60) 69,353.00 0.00 69,353.00 69,353.00 106.60 69,246.40 2,000.00 2,000.00 0.00 100.00 122.60 (22.60) 2,100.00 2,122.60 (22.60) 7 GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT 07/01/2005 - 01/31/06 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET GENERAL GOVERNMENT: LEGISLATIVE 779,903.00 342,314.18 0.00 437,588.82 CITY MANAGER'S OFFICE 1,086,429.00 541,927.61 0.00 544,501.39 ECONOMIC DEVELOPMENT 1,195,868.00 712,284.50 0.00 483,583.50 PERSONNEL/RISK MGT 971,909.00 529,356.82 0.00 442,552.18 TOTAL GENERAL GOVERNMENT 4,034,109.00 2,125,883.11 0.00 1,908,225.89 CITY CLERK 530,379.00 293,244.19 0.00 237,134.81 TOTAL CITY CLERK 530,379.00 293,244.19 0.00 237,134.81 COMMUNITY SERVICES PARKS & RECREATION ADMINISTRATION 1,009,119.00 406,201.24 5,584.48 597,333.28 SENIOR CENTER 372,661.00 173,015.58 0.00 199,645.42 PARKS & RECREATION PROGRAMS 190,182.00 92,888.89 0.00 97,293.11 LIBRARY 843,605.00 123,967.04 0.00 719,637.96 TOTAL COMMUNITY SERVICES 2,415,567.00 796,072.75 5,584.48 1,613,909.77 FINANCE FISCAL SERVICES 749,178.00 413,491.75 0.00 335,686.25 CENTRAL SERVICES 480,682.00 235,190.81 68,521.89 176,969.30 TOTAL FINANCE 1,229,860.00 648,682.56 68,521.89 512,655.55 BUILDING &SAFETY: BUILDING & SAFETY - ADMIN 343,081.00 193,450.81 0.00 149,630.19 BUILDING 951,179.00 752,880.34 0.00 198,298.66 CODE COMPLIANCE 660,374.00 323,562.18 0.00 336,811.82 ANIMAL CONTROL 395,986.00 155,481.54 0.00 240,504.46 CIVIC CENTER BUILDING -OPERATIONS 1,024,190.00 731,274.88 0.00 292,915.12 TOTAL BUILDING & SAFETY 3,374,810.00 2,156,649.75 0.00 1,218,160.25 PUBLIC SAFETY: POLICE SERVICES 7,988,288.00 2,184,835.74 45,619.02 5,757,833.24 FIRE 4,428,480.00 941,005.80 0.00 3,487,474.20 EMERGENCY SERVICES 33,650.00 11,231.99 0.00 22,418.01 TOTAL PUBLIC SAFETY 12,450,418.00 3,137,073.53 45,619.02 9,267,725.45 COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT - ADMIN 844,638.00 366,886.52 0.00 477,751.48 CURRENT PLANNING 750,389.00 224,937.00 0.00 525,452.00 TOTAL COMMUNITY DEVELOPMENT 1,595,027.00 591,823.52 0.00 1,003,203.48 PUBLIC WORKS: (389,171.00) PUBLIC WORKS ADMINISTRATION 315,854.00 178,174.87 518.59 137,160.54 DEVELOPMENT & TRAFFIC 1,206,213.00 746,089.71 11,400.00 448,723.29 MAINT/OPERATIONS - STREETS 1,330,424.00 586,612.19 0.00 743,811.81 MAINT/OPERATIONS- LTG/LANDSCAPING 1,938,880.00 839,618.75 0.00 1,099,261.25 MAINT/OPERATIONS - PARK MAINTENANCE 1,079,651.00 652,717.10 0.00 426,933.90 CONSTRUCTION MANAGEMENT 661,417.00 374,146.16 0.00 287,270.84 TOTAL PUBLIC WORKS 6,532,439.00 3,377,358.78 11,918.59 2,753,990.63 TRANSFERS OUT GENERAL FUND REIMBURSEMENTS NET GENERAL FUND EXPENDITURES 2,042,645.00 665,041.53 0.00 1,377,603.47 (4,878,956.00) (2,010,892.24) 0.00 (2,868,063.76) 29,326,298.00 11,780,937.48 131,643.98 17,413,716.54 CITY OF LA QUINTA 07/01/2005 - 01/31/06 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND PROJECT EXPENDITURES 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 843,605.00 96,427.04 0.00 747,177.96 TRANSFER OUT 509,373.00 384,316.53 0.00 125,056.47 TOTAL LIBRARY FUND 1,3 2,978.00 480,743.57 0.00 872,234.43 GAS TAX REIMBURSE GENERAL FUND 583,800.00 340,550.00 0.00 243,250.00 TRANSFER OUT 140,932.00 18,315.56 0.00 122,616.44 TOTAL GAS TAX FUND 24,732.00 358,865.56 0.00 365, 66.44 FEDERAL ASSISTANCE FUND: TRANSFER OUT TOTAL FEDERAL ASSISTANCE FUND 517,307.00 129,352.31 0.00 387,954.69 URBAN FORESTRY GRANT TRANSFER OUT TOTAL URBAN FORESTRY GRANT 0.00 0.00 0.00 0.00 SLESF (COPS) TRANSFER OUT TOTAL SLESF (COPS) FUND 101,400.00 0.00 0.00 101,400.00 LLEBG FUND TRANSFER OUT TOTAL LLEBG FUND 0.00 0.00 0.00 0.00 INDIAN GAMING FUND TRANSFER OUT 201,142.00 37,338.85 0.00 163,803.15 TRANSFER OUT TOTAL LIBRARY FUND 0.00 201,142.00 0.00 37,338.85 0.00 0.00 0.00 163,803.15 LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 842,200.00 491,283.30 0.00 350,916.70 TRANSFER OUT 0.00 0.00 .0.00 0.00 TOTAL LTG/LANDSCAPING FUND 842,200.00 491,283.30 0.00 350,916.70 RCTC TRANSFER OUT 2,056,829.00 194,570.26 0.00 1,862,258.74 TOTAL RCTC 2,056,829.00 194,570.26 0.00 1,862,258.74 DEVELOPMENT AGREEMENT FUND REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL DEV AGREEMENT FUND 0.00 0.00 0.00 0.00 QUIMBY FUND: TRANSFER OUT TOTAL QUIMBY FUND 645,133.00 227,688.59 0.00 417,444.41 INFRASTRUCTURE FUND CONSTRUCTION 0.00 0,00 0.00 0.00 REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 721,353.00 227,650.65 0.00 493,702.35 TOTAL INFRASTRUCTURE 721,353.00 227,650.65 0.00 493,702.35 VILLAGE PARKING TRANSFER OUT TOTAL VILLAGE PARKING FUND (1,893.00) 0.00 0.00 (1,893.00) SOUTH COAST AIR QUALITY FUND 26,600.00 9,723.97 0.00 16,876.03 PROJECT EXPENDITURES TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL SOUTH COAST AIR QUALITY 26,600.00 9,723.97 0.00 16,876.03 CMAQ/ISTEA TRANSFER OUT TOTAL CMAQ/ISTEA FUND 0.00 0.00 0.00 0.00 TRANSPORTATION PROGRAM COSTS 0.00 0.00 0.00 0.00 CONTRIBUTION 0.00 0.00 0.00 0.00 TRANSFER OUT 7,322,318.00 2,359,888.23 0.00 4,962,429.77 TOTAL TRANSPORTATION 7,322,318.00 2,359,888.23 0.00 4,962,429.77 PARKS & RECREATION INTEREST ON ADVANCE 0.00 51,648.58 0.00 (51,648.58) TRANSFER OUT 113,358.00 111,535.00 0.00 1,823.00 TOTAL PARKS & RECREATION 113,358.00 163,183.58 0.00 (49,825.58) CIVIC CENTER PROGRAM COSTS 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 204,173.00 119,088.90 0.00 85,084.10 TRANSFER OUT 3,146,118.00 1,210.00 0.00 3,144,908.00 TOTAL CIVIC CENTER 3,350,291.00 120,298.90 0.00 3,229,992.10 LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 0.00 0.00 0.00 INTEREST ON ADVANCE 0.00 38,713.13 0.00 (38,713.13) TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LIBRARY DEVELOPMENT 0.00 38,713.13 0.00 (38,713.13) �kl CITY OF LA QUINTA 07/01/2005 - 01/31/06 REMAINING OTHER CITY FUNDS BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDITURE SUMMARY COMMUNITY CENTER 0.00 0.00 0.00 0.00 PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL COMMUNITY CENTER 0.00 0.00 0.00 0.00 STREET FACILITY 0.00 0.00 0.00 0.00 PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL STREET FACILITY 0.00 0.00 0.00 0.00 PARK FACILITY 0.00 0.00 0.00 0.00 PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL PARK FACILITY 0.00 0.00 0.00 0.00 FIRE PROTECTION 0.00 17,312.45 0.00 (17,312.45) INTEREST ON ADVANCE 0.00 0.0000 0.00 0.00 TRANSFER OUT TOTAL FIRE PROTECTION DIF 0.00 17,312.45 0.00 (17,312.45) LIBRARY COUNTY 0.00 0.00 0.00 0.00 PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL LIBRARY COUNTY DIF 0.00 0.00 0.00 0.00 ART IN PUBLIC PLACES FUND 0.00 0.00 MAINTENANCE EXPENSES-APP ,00.00 1 0.00 0.00 1,00.00 ,00.00 8 OPERATING EXPENSES-APP ,800.00 282,758.00 24,428.92 0.00 258,329.08 ART PURCHASES 226,920.00 0.00 0.00 226,920.00 TRANSFER OUT TOTAL ART IN PUBLIC PLACES 514,978.00 24,428.92 0.00 490,549.08 CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 72,486,328.00 14,691,484.99 75,034.10 57,719,808.91 PROJECT REIMBURSEMENTS TO GEN FUND 1,031,478.00 162,218.00 0.00 869,260.00 TRANSFER OUT TOTAL CAPITAL IMPROVEMENT 73,517,806.00 0.00 14,853,702.99 0.00 75,034.10 0.00 58,589,068.91 ASSESSMENT DISTRICT 2000-1 0.00 0.00 0.00 0.00 COSTS OF ISSUANCE 0.00 0.00 TRANSFER TO AGENCY FUND .00 17,316.00 . 17,316.42 0.00 (0.4.42) TRANSFER OUT TOTAL AD 2000-1 17 316.00 17,316.42 0.00 (0.42) EQUIPMENT REPLACEMENT FUND 425,585.00 113,829.70 42,947.09 268,808.21 OPERATING EXPENSES 657,000.00 0.00 0.00 657,000.00 TRANSFER OUT TOTAL EQUIPMENT REPLACEMENT FUND 1,082,585.00 113,829.70 85,894.18 882,861.12 INFORMATION TECHNOLOGY FUND OPERATING EXPENSES TOTAL INFORMATION TECHNOLOGY FUND 634,043.00 634,043.00 102,602.13 102,602.13 0.00 0.00 531,440.87 531,440.87 PARK MAINTENANCE FACILITY 0.00 0.00 0.00 0.00 OPERATING EXPENSES 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL PARK MAINTENANCE FAC 0.00 0.00 0.00 0.00 SILVERROCK GOLF OPERATING EXPENSES 4,1 86,165.00 2,255,762.55 0.00 1,930,402.45 TRANSFER OUT TOTAL SILVERROCK GOLF 69,353.00 4,255,518.00 0.00 2,255,762.55 0.00 0.00 69,353.00 1,999,755.45 SILVERROCK GOLF RESERVE 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL SILVERROCK GOLF RESERVE 0.00 0.00 0.00 0.00 LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY 2,000.00 0.00 0.00 2,000.00 ire COUNCIL/RDA MEETING DATE: March 21, 2006 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 30023-7, Trilogy at La Quinta, Shea La Quinta, 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 Agreements (SIA) for Tract Map No. 30023-7, Trilogy at La Quinta, Shea La Quinta, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 30023-7 is located north of Avenue 62 and west of Monroe Street (Attachment 1). This residential development will consist of 161 lots on approximately 35.4 acres (Attachment 2). On September 26, 2000, the County of Riverside Planning Department approved Specific Plan 218 Amendment 1. Since the developer constructed more than $178,000 in offsite improvements prior to the Tentative Tract Map expiration, an extension to the Tentative Tract Map is provided to the developer based on Section 66452.6.a.1 of the 2006 Subdivision Map Act. The developer has requested the City Council's conditional approval of the Final Map, which will allow 30 days for completion of its processing. To date, the SIA (Attachment 3) has been executed by the developer but the associated securities have not yet been received. The Final Map is technically complete and is being routed for signatures. It is expected that the associated securities and all signatures will be in place within the time allowed for its conditional approval. 17 1 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 20, 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 Agreements for Tract Map No. 30023-7, Trilogy at La Quinta, Shea La Quinta, LLC; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreements for Tract Map No. 30023- 7, Trilogy at La Quinta, Shea La Quinta, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, othy R. Jo as 01 , P.E. Public Works Dire' or/ City Engineer Approved for submission by: l Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 2 i) 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 TRACT MAP NO. 30023-7, TRILOGY, SHEA LA QUINTA, 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: 3 Resolution No. 2006- Tract Map No. 30023-7, Trilogy Adopted: March 21, 2006 Page 2 Section 1. The final map for Tract Map 30023-7 is conditionally approved provided the subdivider submits all required items on or before April 20, 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 tract map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Tract Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on April 20, 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 11 Resolution No. 2006- Tract Map No. 30023-7, Trilogy Adopted: March 21, 2006 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 st 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 a3 5 ATTACHMENT 1 cnrY of LA QUINTA TR No. 30023-7 AVENUE 60 w w N AVENUE61 U-i o o a � AVENUE 62 z a o x 0 z Y o � Q tipR AVENUE 64 VICK`t'Y MAP NTs. J.N. 15.38 0 ATTACHMENT 2 go M C VV FZ _ ? 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LL >_ C4 V) oo cm CY ;� 16 q I.n o o.. ru ru z ui W D 'o o = c; mmo z d W W m &-cao0c *ON dwm 'ul S% 101 ATTACHMENT 3 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 30023-7 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 , by and between Shea La Quinta, LLC a California Limited Liability Company hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 30023-7 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. - 1 of 7 16 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty 2of7 17 security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for i performance of work or provision of materials under the terms of the warranty, warranty 3of7 18 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 4of7 19 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped. by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. 5of7 20 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk Local Address Shea La Quinta, LLC. 81260 Avenue 62 La Quinta, CA 92253 (760) 777-600f By: V . — I Title: Ulrich Sau�rbrey Assistant S crtta Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date 2 •��•o� Date 6of7 21 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyof K1�j��1D- ss. On V 1 before me, . V`, �-�.- `� �� a � u ► U �� ,J Date`C Name and Title of Officer (e.g., "Jane Doe, Notary Puf�ic'� personally appeared ��, %� C� 7��1�G�-�J)��-] Name(t) of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence JOMCE L. WITORIO Commission # 1499926 Ni Pubic - Cd1omio my coffm blocs Jul 11. to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. �_�-�- l� , 0 Signature of Notary Public i OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 211 C, © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 " www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 r 9 22 Exhibit A SECURITY — TRACT MAP NO. 30023-7 ON -SITE IMPROVEMENTS Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the Tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required Tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Street $ 1,057,453 $ Storm Drain $ 39,730 $ Domestic Water $ 475,306 $ Sanitary Sewer $ 224,048 $ Dry Utilities $ 698,863 $ Monumentation $ 20,000 $ Totals $ 2,515,400 $ Standard 10% Contingency $ 251,540 $ Total Construction Cost $ 2,766,940 $ Professional Fees, Design 10% Professional Fees, Const 10% Bond Amount $ 276,694 $ 276,694 $ 3,320,328 1,057,453 39,730 475,306 224,048 698,863 2,495,400 249,540 2,744,940 $ 274,494 $ 274,494 3,293,928 7of7 23 a�lVI►lUiYN�.0 F OFT AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: March 21, 2006 BUSINESS SESSION: ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision CONSENT CALENDAR: Improvement Agreement for Tract Map No. 31249, The Village at Coral Mountain, Adobe Holdings, Inc. STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31249, The Village at Coral Mountain, Adobe Holdings, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 31249 is located south of Avenue 58 and west of Coral Mountain Court (Attachment 1). This residential development will consist of 85 lots on approximately 33.2 acres (Attachment 2) . On September 16, 2003, the City Council approved Tentative Tract Map No. 31249. On February 1, 2005, the City Council approved Tentative Tract Map No. 31249 Amendment #1 . The developer has requested the City Council's conditional approval of the Final Map, which will allow 30 days for completion of its processing. To date, the SIA (Attachment 3) has been executed by the developer but the associated securities have not yet been received. The Final Map is technically complete and is being routed for signatures. The developer expects that the associated securities and all signatures will be in place within the time allowed for its conditional approval. City staff has prepared the attached Resolution, which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within 30 days (April 20, 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 Tract Map No. 31249, The Village at Coral Mountain, Adobe Holdings, Inc.; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31249, The Village at Coral Mountain, Adobe Holdings, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, r othy R. JQ ss , P. E. Public Works Dire oor/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 98 2 Resolution No. 2006- Tract Map No. 31249, The Village at Coral Mountain Adopted: March 21, 2006 Page 3 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 TRACT MAP NO. 31249, THE VILLAGE AT CORAL MOUNTAIN, ADOBE HOLDINGS, INC., AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 90 3 Resolution No. 2006- Tract Map No. 31249, The Village at Coral Mountain Adopted: March 21, 2006 Page 2 Section 1. The final map for Tract Map 31249 is conditionally approved provided the subdivider submits all required items on or before April 20, 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 tract map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Tract Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on April 20, 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 r) 0 2 Resolution No. 2006- Tract Map No. 31249, The Village at Coral Mountain Adopted: March 21, 2006 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 st 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, CIVIC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 1'� ATTACHMENT 1 IN THE CITY OF LA QUINTA, CALIFORNIA VICINITY'MAP FOR TRACT 31249 IN THE NE 1/4 OF SECTION 28 , T 6 S, R 7 E, SBM z 0 w w w w 54TH AVENUE l A QUINTA V � SITE,0 AVENUE VICINITY MAP W z 0 0 a AIRPORT BLVD (56TH AVE) ATTACHMENT 2 � fffff�,EY OR Y/Nd _ n •Q��?� g € K v, R fife, t k lhd gg gg7Pi 3 h I z � o rt 04 O 2 ►. W U '�QOW u-W1 � y O LU Q hw uj Z 3 Z a 8 gg gg5 g kilt O o Uffi�� U-is �p Qru i u -nil W g�;� R � rj Rpfll W ..Ito iia pn w � h at �� R y� e f2 OF �� Q AFPOi N � P I Q Lu Ow I vig g i lit it,,.3 an w t•sa. vozisiic avz-u�a stc szrza�anszao�xovt�� 7 Ali a z - �' f xw a � g z a s €$ 1 � , <� z N s. W ra ;�» Ego o 11 - ... ? € ` qq pp Z Y a a 01 By3pS g, < p� G Z (d ".3- n t U M 1 w 6 w RYbt ZI z ON 44da �s W G@ 8 $ O �'� ~g O ��e 3 a� O $$fjjs y S E j Z O YY 0 eyyg 12,111 i1Ca ;I U' Y � •il ngk�=g NYygf i� N r OzZw < z�f _ Z LL a <Wm a Z ^FU pwppOa — � zw 6 S Z W cc aso 1— Yj — W •O � W z 3r o o� i• zZ ap 0d <i z W e .: G G ■ tQ ��fa i C P. I a I a [YE5 e" ::'• I H I U }� 3.� � . L W = •t � W IN QI �9.� It ii W k d b vd z� ms v$:g E; I 0. 0. e — -- -- { — — -- — --- ----- ----11 ga sx -. OZ �« •'.i s: cmm--BILU k W o 8 U.M OYM a �p O � •R t\IKJ �iisMa::ax�M;;'� �iia�M�wiwKMiwwM�ii�wwrwMM1wiKWwa�iiw�A�Aw.�awM�NWMW�w�ilrw.i.�M�M.�w�M�f�SiMMMrrwMwM�w�MZ.��x�SSwMJ�ww jai fR- aFaa ..RA-aaa a k ca:kCG :i �± p{�R ? :: s3 l a R 4 � e -ii .l.t4 :_ a:7i1. s.:s ?� a:s_-_:ysy____±_____ 1 ff__K__f£_^a._7?f S s.!_faa.u_�K+cfas_aes iw..i.NMQ;__ y y6 S F OCI � �+ V .-- N i" p N1. YYPF�Y}}kiYfpibFi'_..........4_!!_!!=!!AwiLIZ9RR�A4.ppJf11RG11f14:SY341:l1ta... ....i:Q7itiL/�RCPC... 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V Q71ik �� o @Q z Q- LQ: Ng Yq Y 3 p 2 J p \2 lu w 3 3 Q �2Q Lu U �mWms w vp,2,2= Z p ►- v 2ct mp 8 -' O pp U U 1.� U�VvU(l� S5,"ll z8Z,01.005 P� 12 CITY OF LA QJINTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31249 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPRO EMENT AGREEMENT (the "A reement") is made and entered into this day of ✓A iC 20 by and between ADOBE HOLDINGS, Inc a CALIFORNIA ORPORATION hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 31249 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall -be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security, shall include and assure the payment of costs and reasonable expenses and fees, including �1 reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. 13 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\The Village at Coral Mnt TM 31249\OFFSITE_SIA.doc 1 of 7 B. Improvement security shall conform to Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract a map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty 14 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\The Village at Coral Mnt TM 31249\OFFSITE_SIA.doc 2 of 7 security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.13., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.13., 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. 1 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for 15 performance of work or provision of materials under the terms of the warranty, warranty TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\The Village at Coral Mnt TM 31249\OFFSITE_SIA.doc 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 I rr be accompanied by any required certifications from Subdivider's engineers or surveyors, approval_ !. letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 16 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\The Village at Coral Mnt TM 31249\OFFSITE_SIA.doc 4 of 7 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's 'performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices , hereunder by notice to the other given in the manner provided in this subparagraph... B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. 17 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\The Village at Coral Mnt TM 31249\OFFSITE_SIA.doc 5 of 7 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk Subdivider Adobe Holdings, Inc. P.O. Box 1396 La AAgta, CA 92247-1396 By:_ Title: By: Title: Date Vv a �flo 6 Date J OP,✓T D &V ✓rz,r' Reviewed and Approved: City Engineer Date Approved as to Form: City Attorney Date Date I i � TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\The Village at Coral Mnt TM 31249\OFFSITE_SIA.doc 6 of 7 Exhibit A OFF -SITE SECURITY — TRACT MAP NO.31249 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Street $ 156,467 $ 156,467 Storm Drain $ 3,780 $ 3,780 8ft Meandering Sidewalk $ 13,374 $ 13,374 Totals $ 173,621 $ 173,621 Standard 10% Contingency $ 17,362 $ 17,362 Total Construction Cost $ 190,983 $ 190,983 Professional Fees, Design 10% $ 19,098 $ 19,098 Professional Fees, Const 10% $ 19,098 $ 19,098 Bond Amount $ 229,179 $ 229,179 1� J 19 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\The Village at Coral Mnt TM 31249\OFFSITE_SIA.doc 7 of 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Californi County of , V .S C-7 On ss. •� �£>D%s before me Date personally appeared . JAY L. KANNER ILO Comff*don #t 1503792 Nobry Rjbk - CaNt nW Riwtaide Courdy My Cmm. EY4*u Jul 26, 2008 Name and Tale of Officer (e.g., "Jane Doe, Notary Pubic") Name(s) of Signer(s) ❑ personally known to me Nl�proved to me on the basis of satisfactory evidence to be the personA whose nameV is subscribed to the witVuk, instrument and acknowledged to meXa h executed the same in i 4eH#bak thorized capacity, oo, and that by his /t�etr signatureoll on the instrument the person(4, or the entity upon behalf of which the person acted, executed the instrument. W ESS y hand n offi ' I eal. f Signature of fary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.fv Description of Attached Document " 7Z4,e-?"-_'j Title or Type of Docu IH&ilawac,� l4w-eV7.4ex�7 Document Date: / 7"/a ! _ Number of Pages: Signer(s) Other Than Named Above: 14 Capacity(ies) Claimle by Signer Signer's Name: ❑ Individual Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 t Q 20 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31249 ON -SITE IMPROVEMENTS THIS SUBDIVISIOtj IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of � 4,di2 v A ✓ !:1 , 20 by and between ADOBE HOLDINGS, INC a CALIFORNIA VORPORATION hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 31249 (the "TRACT") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation. of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. 21 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\The Village at Coral Mnt TM 31249\ONSITE_SIA.doc 1 of 7 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or TRACT map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of pay Y , Subdivider shall to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty 22 TAProject Development Division\Development ProjectsVAgreements\SIA\SIAs in Progress\The Village at Coral Mnt TM 31249\ONSITE_SIA.doc 2 of 7 security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) 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 23 performance of work or provision of materials under the terms of the warranty, warranty TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\The Village at Coral Mnt TM 31249\ONSITE_SIA.doc 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 by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 24 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\The Village at Coral Mnt TM 31249\ONSITE_SIA.doc 4 of 7 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable 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 ss t hereunder by notice to the other given in the manner provided in this subparagraph. 1... t 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. 25 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\The Village at Coral Mnt TM 31249\ONSITE_SIA.doc 5 of 7 C. Neither party to this Agreement relies upon any warranty or representation not .contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of. California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk Local Address Adobe Holdings, Inc. P.O. Box 1396 By: Titl By: Title: Reviewed and Approved: City Engineer Date Approved as to Form: City Attorney Date Date Date Fie TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\The Village at Coral Mnt TM 31249\ONSITE_SIA.doc 6 of 7 Exhibit A SECURITY — TRACT MAP NO. 31249 ON -SITE IMPROVEMENTS Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the TRACT and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required TRACT improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading $ 452,323 $ 452,323 Street $ 620,620 $ 620,620 Storm Drain $ 113,550 $ 113,550 Domestic Water $ 362,256 $ 362,256 Sewer System $ 142,276 $ 142,276 Signing and Striping $ 5,350 $ 5,350 Dry Utilities $ 127,500 $ 127,500 Monumentation $ 16,000 $ - Totals $ 1,839,875 $ 1,823,875 Standard 10% Contingency $ 183,988 $ 182,388 Total Construction Cost $ 2,023,863 $ 2,006,263 Professional Fees, Design 10% $ 202,386 $ 200,626 Professional Fees, Const 10% $ 202,386 $ 200,626 Bond Amount $ 2,428,635 $ 2,407,515 �.3 27 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\The Village at Coral Mnt TM 31249\ONSITE_SIA.doc 7 of 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ' ss. County of �f✓i�s 4 before me, Date personally appeared . JAY L KANNER Commission # 1503792 ' Nokxy P dAc - CallOomia Rhrerside Cou* My Comm. ExpMu Jul 26, Name and Tale of Officer (e.g., "Jane Doe, Notary Public") fA_19C Name(s) of Signer(s) ❑ ersonally known to me proved to me on the basis of satisfactory evidence to be the person whose named 04e- subscribed to the withil'A instrument and acknowledged to me t executed the same in i /##eir thorized capacit and that by thetw signature ) on the instrument the person(, or the entity upon behalf of which the person acted, executed the instrument. OPTIONAL NES my hand o * i seal. Signature o Notary Public 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. 10 -s/ Description of Attached ocument j?-�/wl e/T / IA100�94P Title or Type of Document: /.LbVIS1 S,kj `i`7 � d1�� 7�1 44&-Z-,VEA)7— DocumentDate:—Number of Pages: I Signer(s) Other Than Named Above: //49-t- Capacity(ies) Claime by Signer /- Signer's Name: ❑ Individual f 'Corporate Officer — Title(s): /&f_ Top of thumb here ❑ Partner — ❑ Limited ❑ Generals ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator �4��" El Other: `x`"` _ Signer Is Representing: © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nationainotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 COUNCIL/RDA MEETING DATE: March 21, 2006 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Denial of Claim for Damages Filed CONSENT CALENDAR:] By Elizabeth Escatel—Date of Loss: January 27, 2006 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Deny the Claim for Damages filed by Elizabeth Escatel, with a reported date of loss of January 27, 2006. FISCAL IMPLICATIONS: The total amount of the claim was $ 1,000.00. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Elizabeth Escatel with a reported date of loss of January 27, 2006, (Attachment1). 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 Elizabeth Escatel with a reported date of loss of January 27, 2006; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, John uiz, Per onn isk Manager Approved for submission by: r2z--jo�� -e' �-Zcg Thomas P. Genovese, City Manager Attachment: 1. Elizabeth Escatel, Claim for Damages 2 ATTACHMENT 1 FILEWITH: CLAIM FOR DAMAGES CITY CLERK'S OFFICE City of La Quinta TO PERSON OR PROPERTY CLAIM NO. P.O. Box I W4 La Qunta, CA M53 RE E I V E D Pal 1? 16 INSTRUCTIONS 6 J R N 3 J. Claims for death, injury b person or to personal property must be Bled not later than six months a the occurrence. (Gov. Code § 9112.) 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. C I T Y 0 LA 0 U I N TA Code §9112.) CITY CL WS OFFICE 3. Read entire daim form before tiling. 4. See page 2 for diagram upon which to locate place of accident 5. This daim form must be signed on page 2 at bottom. 6. attach separate sheets, I necessary, b give full details. SIGN EACH SHEET. TO: (Name of City] la Date of Birth of Claimant Name of Cbinwt L Occwalim of Cxairnant Atli M 71 one coo Home Address of Claimant City and State Home Telephone of Claimant Gt c) Y YGt» z La 00, n �.' I I -- 5' Business Address of Clamant Cky and State• Telephone of Cla'anant N/R IV /,A iCO0) --17:Z 11 - Give address and telephone number to which you desire notices or communications to be sent Claimarifs Social Security No.. ` When did DAMAGE or INJURY occur Names of any city employees involved in INMY or. DAMAGE: Date-,)Ccn . 912 W Time: 5 00 p, m If Claim is for Equitable khdemruty, give lath daimant served with the oomplant Date: Wtwe did DAMAGE or INJURY occur? Desabe My. and locate on diagram on reverse side of Ns sheet Where appropriate, give street names and address and measurements from landmarks: 'I >' o CC red a-V C %� yCkYCW b U.l '� V 1 'l i c,��D t h e pa Y k! t r, a rcct Desabe in detal how the DAMAGE a INJURY occurred. cam... 5o me on e I m V h i ckt -pro-r -�-F''°Y' m �- +ji4 'Ba c. k-- 'OF 44 u ch ('c/ , - wnyaoya aai»the gay is tm emplWd b,t -t+je 0"141-1 GAnd-Wcc4- were T; i-ectue rn kA pel6D-nou V eL "I I c(Q -Vcn> of _+ -4i-W C i -I-LA v e h i c -Descrne in detail each INJURY or DAMAGE e o� e rn. V 61 +cam ++V -�irK-� 1�ourn r- c� v �C�. � .`the j�� cva-�-� -are SEE PAGE 2 (OVER) 10 RlmbO � n THIS CLAIM MUST BE SIGNED ON REVERSE SIDE 3 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 . , ................... $ L OCR. o O Future expenses for medical and hospital care .$ .� Expenses for medical and hospital care ..... $ Future loss of earnings ....................$ Ae� Loss of earnings ........................ $ pS Other prospective special damages ..........$ Special damages for ..................... $ tT Prospective general damages ..............$ Total estimated prospective damages .......$ General damages ....................... $ A4D, Total damages incurred to date .......... $ .0 Total amount claimed as of date of presentation of this claim: 1, cbO- CD $ Was damage and/or injury investigated by police? If so, what city? _ 0 u 0 F IGt 00 i rQ4 ck, c r i 1- � Were paramedics or ambulance called? ) If so, name city or ambulance If injured, state date, time, name and address of doctor of your initial visit C M S F: 0 W 9--403 -2911Qy e2oQLC0 Lam- 0tod3001(0 WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name ill l A Address N/ Phone 1V /A - Name Al1A Address /V/& Phone N/)+ Name /V/fir Address /I//f'�' Phone DOCTOR AND HOSPITALS: Hospital AYA Address DU IA Phone N /A - Doctor lUlft Address /U/f$ Phone /Nl1A Doctor N/ - Address _ /V /fi' Phone /V READ CAREFULLY For all accident dawns place on foNowing diagram name of streets, including North, accident by'1-1" 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'84" and the point of impact by mxnbers or distances to street comers. If City Vehicle was involved, designate by letler IN location of City Vehicle when you first saw it, and by `B" location of yourself NOTE: If diagra ms below do not fit the situation, attach hereto a proper diagram or your vehicle when you first saw City Vehicle; location of City vehicle at time. of signed by claimant. CURB SIDEWALK CURB —I 77 SIDEWALK Signature of Claimant or person filing on his behalf giving relationship Typed Name: Date: to Claimant: S MUST BE FILED WITH CITY CLERK (Gov. Code § 915a.) Presentation of a false claim is a felony (Pen. Code § 72.) 1 OF COUNCIL/RDA MEETING DATE: March 21, 2006 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Denial of Claim for Damages Filed CONSENT CALENDAR: By Karen Cochran —Date of Loss: October 9, 2005 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Deny the Claim for Damages filed by Karen Cochran, with a reported date of loss of October 9, 2005. FISCAL IMPLICATIONS: The total amount of the claim was $ 812.00. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Karen Cochran with a reported date of loss of October 9, 2005, (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 "0 Deny the Claim for Damages filed by Karen Cochran with a reported date of loss of October 9, 2005; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, Job'Ruiz, P o e Risk Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Karen Cochran, Claim for Damages K FILE WITH: CITY CLERK'S OFFICE City of La Quinta P.O. Box 1504 La Quinta, CA 92253 CLAIM FOR DAMAGES TO PERSON OR PROPERTY 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 place of accident. 5. This claim form must be signed on page 2 at bottom. 6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET. C I1CIT ATTACHMENT 1 RECEIVED T 11 Pal 12 24 Y OF LA QUINTA CLERK'S OFFICE TO: [Name of Date of Birth of Claimant: ' � ci J Name of Claimant: - Occupation of baimant Q-0 WO,F- A n� .E�1& HQrne Address of Claimant City and State Home elephone of Claimant a` Business Address of Claimant City and State Business Telephone of Claimant: Give address and telephone number to which you desire notices or communications to be sent Claimant's Social Security No.: regarding claim: , Whe id DAMAGE or INJURY occur? Names of any city employees involved in INJURY or DAMAGE: Date:4 ID Time: od1� If Claim is for Equitable Indemnity, give date claimant served with the complaint Date: Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet Where appropriate, give street names and addre and measurements from land rks: ect 4owa-rd, l Describe in detail how the DAMAGE or INJU Y occurred: a NA± --- - 1-- Why do you claim the city is responsible? / C1 11-1 i Describe in detail each INJURY or DAMA E J--"—Jk-/k-� 5 SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE 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 ..................... $ Expenses for medical and hospital care ..... $ Loss of earnings ................. .... $ Special damages for ..�`�'L:.�Q. r-: $ General damages ..... ................ $ Total damages incurred to date ........ $ Total amount claimed as of date of presentation of this claim: $ Future expenses for medical and hospital care .$ Future loss of earnings ....................$ Other prospective special damages ...........$ Prospective general damages ........ .....$ Total estimated prospective damages .......$ 1 Was damage andlor injury investigated by poll ? � -e city. , �e If so, what ' Were paramedics or ambulance called? / l D If so, name city or ambulance If injured, state date, time, name and address of doctor of your initial visit WITNESSES to D GE or I RY. 'tap persons and ad ses of persons knwi to have information: Name ,' � n -A c !� Address .3a m e O-W P 0 5 S Phone Name Address Phone Name _ _ Address Phone DOCTOR AND HOSPITALS: Hospital Address Phone Doctor Address Phone Doctor Address Phone READ CAREFULLY For al 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 pant of impact by'X.' numbers or distances to street comers. If City Vehicle was involved, designate by letter IN location of City Vehicle when you first saw it, and by "B' location of yourself NOTE: [diagrams below do not fit the situation, attach hereto a proper diagram or your vehicle when you first saw City Vehicle; location of City vehicle at time of signed by claimant CURB SIDEWALK SIDEWALK Signature of Claimant or person filing on his behalf giving relationship Typed Name: to Claimant: } CURB --3, Date: NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code § 915a.) Presentation of a false claim is a felony (Pen. Code § 72.) 4 10/11/2005 at 11:15 AM Job Number: 30362 INDIO COLLISION/INDIO, CALIFORNIA THE VALLEY 'S BEST 83-167 HIGHWAY 111 INDIO, CA 92201 (760)775-3390 Fax: (760)775-3392 PRELIMINARY ESTIMATE Written By: Supervisor Adjuster: Insured: karen cochran Claim # Owner: karen cochran Policy # Address: Deductible: Date of Loss: Oct 9 r 015 Day: Type of Loss: oo PVYA Evening: Point of Impact: Inspect Location: Insurance Company: Days to Repair 2002 TOYO CAMRY LE 4-2.4L-FI 4D SED Int: VIN: 4T1BE32K62U080888 Lic: Prod Date: Odometer: Air Conditioning Rear Defogger Tilt Wheel Cruise Control Intermittent Wipers Body Side Moldings Dual Mirrors Roof Console Clear Coat Paint Power Steering Power Brakes Power Windows Power Locks Power Mirrors Driver Air Bag Passenger Air Bag Cloth Seats Bucket Seats ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ------------------------------------------------------------------------------- 1 FRONT BUMPER 2 Repl Bumper cover US built w/o fog 1 212.09 1.6 2.6 lamp 3 Add for Clear Coat 1.0 1 r 5 10/11/2005 at 11:15 AM 30362 Job Number: PRELIMINARY ESTIMATE 2002 TOYO CAMRY LE 4-2.4L-FI 4D SED Int: ------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ----------------------------------------------------- 4 Add for fog lamps 0.2 5 Repl Bumper cover clip 1 1.46 6 COOLING 7 Repl RT Under cover 1 71.05 Incl. 8 Repl LT Under cover 1 81.80 Incl. 9 Repl Under cover retainer 1 1.18 10 Repl Under cover bolt 1 0.49 11# Subl FLEX ADDITIVE 1 10.00 X 12# Subl HAZ WASTE 1 7.00 X ------------------------------------------------------------- Subtotals =_> 385.07 1.8 3.6 Parts 368.07 Body Labor 1.8 hrs @ $ 44.00/hr 79.20 Paint Labor 3.6 hrs @ $ 44.00/hr 158.40 Paint Supplies 3.6 hrs @ $ 26.00/hr 93.60 Sublet/Misc. 17.00 -------------------- SUBTOTAL ------------------------------- $ 716.27 Sales Tax $ 461.67 @ 7.75000 35.78 GRAND TOTAL $ 752.05 ADJUSTMENTS: Deductible 0.00 ---------------------------------------------------- CUSTOMER PAY $ 0.00 INSURANCE PAY $ 752.05 2 6 COUNCIL/RDA MEETING DATE: March 21, 2006 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31733, Mira Del Sol, IREC-PAC/La Quinta, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 19 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31733, Mira Del Sol, IREC- PAC/La Quinta, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 31733 is located north of Avenue 61 and east of Monroe Street (Attachment 1). This residential development will consist of 125 numbered lots on approximately 37.0 acres (Attachment 2). On January 20, 2004, the City Council approved Tentative Tract Map No. 31733. The developer has requested the City Council's conditional approval of the Final Map, which will allow 30 days for completion of its processing. To date, the SIA (Attachment 3) has been executed by the developer but the associated securities have not yet been received. The Final Map is technically complete and is being routed for signatures. The developer expects that the associated securities and all signatures will be in place within the time allowed for its conditional approval. City staff has prepared the attached Resolution, which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within 30 days (April 20, 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 Tract Map No. 31733, Mira Del Sol, IREC-PAC/La Quinta, LLC; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31733, Mira Del Sol, IREC-PAC/La Quinta, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, othy R. Jo ass 1P.E. Public Works irec or/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 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 TRACT MAP NO. 31733, MIRA DEL SOL, IREC-PAC/LA QUINTA, 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: 3 Resolution No. 2006- Tract Map No. 31733, Mira Del Sol Adopted: March 21, 2006 Page 2 Section 1. The final map for Tract Map No. 31733 is conditionally approved provided the subdivider submits all required items on or before April 20, 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 tract map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Tract Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on April 20, 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 E Resolution No. 2006- Tract Map No. 31733, Mira Del Sol Adopted: March 21, 2006 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 st 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 �%, I I i I 1 10 ATTACHMENT 2 IN THE CITY OF LA QUINU, COUNTY OF RIVERSIDE, STATE OF CALIFORNU TRACT NO. 31733 BEING A SUBDMSKNN OF A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST WARIER OF SECTION 35. TOWNSHIP 6 SOUTH. RANGE 7 EAST. SAN BERNARDINO MERIDIAN, RECORDS OF RM:RSIDE COUNTY, CAIJFORNIA MDS CONSULTING SOMWBER, 2004 GARY W. DOKICH LS.4693 OWNER'S STATEMENT WE HEREBY STATE THAT WE ARE THE OWNERS OF THE LAND INCLUDED WITHIN THE SUBDIVISION SHOWN HEREON: THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID LAND, THAT WE CONSENT TO THE MAKING AND RECORDING OF THIS SUBDIVISION AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE WE HEREBY DEDICATE TO THE CITY OF IA QUINTA LOT Y ((MONROE STREET) AND LOT Z (AVENUE 61) FOR PUBLIC STREET AND UTILITY PURPOSES, AND AN EASEMENT FOR PUBLIC UTKMES AND FOR RIGHT OF INGRESS AND EGRESS OF SERVICE AND EMERGENCY VEHICLES OVER LOTS Q THROUGH X. INCLUSIVE DESIGNATED AS 'PRIVATE STREET. THESE AREAS ARE RETAINED AS PRIVATE STREETS, AND FOR DRAINAGE PURPOSES FOR OURSELVES, ASSIGNEES. AND LOT OWNERS WITHIN THIS TRACT. WE HEREBY DEDICATE TO THE CRY OF LA QUINTA PUBLIC UTILITY EASEMENTS AS SHOWN HEREON. WE HEREBY OFFER FOR DEDICATION TO THE COACHELLA VALLEY WATER DISTRICT. EASEMENTS FOR DOMESTIC WATER AND SANITATION PURPOSES OVER LOTS 0 THROUGH X, INCLUSIVE, DESIGNATED AS 'PRIVATE STREET'. THE EASEMENTS SO DEDICATED INCLUDE THE RIGHT TO ENTER UPON SAID LANDS, TO SURVEY. CONSTRUCT, RECONSTRUCT, LAY, RELAY, MAINTAIN, OPERATE, CONTROL. USE, AND REMOVE PIPELINES, FIXTURES AND APPURTENANCES, AND TO REMOVE OBJECTS INTERFERING WITH THE CON— STRUCTION, OPERATION AND MAINTENANCE THEREOF. WE HEREBY OFFER FOR DEDICATION TO THE COACHELLA VALLEY WATER DISTRICT, LOT P IN FEE TITLE FOR WELL SITE PURPOSES. WE HEREBY OFFER FOR DEDICATION TO THE IMPERIAL IRRIGATION DISTRICT, AN EASEMENT OVER ALL PRIVATE STREETS SHOWN ON THIS MAP AND AN ADDITIONAL TEN 00) FEET IN WIDTH ON BOTH SIDES OF AND ADJACENT TO ALL PRIVATE STREETS SHOWN ON THIS MAP. FOR THE EXCAVATION, LAYING, CONSTRUCTION, INSTALLATION, MAINTENANCE. OPERATION. INSPECTION, REPAIR, REPLACEMENT. AND REMOVAL OF ELECTRICAL LINES, WIRES, CABLES. DUCTS, SUPPORTS, A"ES, FACILITIES AND APPURTENANCES. WITH THE RIGHT OF INGRESS AND EGRESS OVER AND WITHIN SAME FOR MAINTENANCE; OPERATION AND EMERGENCY VEHICLES. WE HEREBY RESERVE LOTS A THROUGH 0, NCUISIVE. AND LOTS M AND BB, FOR OPEN SPACE, BENEFIT SOUR UCCESSORSEAND ASSIGNEESDRAINAGENTENANCE. RCREATIONAL AND PUBLIC uTKAY PURPOSES FOR THE SOLE LOT OWNERS WITHIN THIS TRACT. IREC—PAC/LA QUINTA, LLC. A CALIFORNIA LIMITED LIABILITY COMPANY BY: DAVID P, TWEDT, DIRECTOR OF LAND DEVELOPMENT NOTARY ACKNOWLEDGMENT STATE OF CAIIFMNN) SS. COUNTY OF RIVERSIDE) ON 2005, BEFORE ME, A NOTARY PUBLIC, PERSONALLY APPEARED PERSONALLY KNOWN TO ME OR PROVED ON THE BASIS OF SATISFACTORY EVIDENCE, TO BE THE PERSON S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND AC TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS ER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE ON THE INSTRUMENT, THE PERSON(S), OR THE ENTITY UPON BEHALF OR WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND: PLEASE PRINT NAME COMMISSION NUMBER: MY COMMISSION EXPIRES: PRINCIPAL PLACE OF BUSINESS: COUNTY BENEFICIARY CATHAY BANK, BENEFICIARY UNDER DEED OF TRUST DATED MAY 12. 2004 AND RECORDED MAY 20. 2DG4 AS INSTRUMENT NO. 2004-0380391, OF OFFICIAL RECORDS. BY: EWE CHANG, SENIOR VICE PRESIDENT CHARLES W. RICE, VICE PRESIDENT NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA) SS. COUNTY OF RNLRSIDE) ON 2OD5, BEFORE ME, A NOTARY PUBLIC. PERSONALLY APPEARED PERSONALLY KNOWN TO ME OR PROVED ON THE BALSIS OF SATISFACTORY EVIDENCE, TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(ES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT, THE pERSON(S), OR THE ENTITY UPON BEHALF OR WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND: PLEASE PRINT NAME: COMMISSION NUMBER: MY COMMISSION EXPIRES: PRINCIPAL PLACE OF BUSINESS: COUNTY BENEFICIARY MW HOUSING PARTNERS NI, LP., A CALIFORNIA LIMITED PARTNERSHIP/WRI INVESTMENTS 11 LLC, A WASHINGTON UMITED LIABILITY COMPANY BENEFICIARY UNDER DEED OF TRUST DATED MAY 11. 2004 AND RECORDED MAY 20, 2004 AS INSTRUMENT NO. 2004-0380393, OF OFFICIAL RECORDS. BY: JOSEPH M. REED. VICE PRESIDENT EDWIN J. STEPHENS, VICE PRESIDENT SIGNATURE OMISSIONS AND NOTARY ACKNOWLEDGMENTS SEE SHEET NO. 2 FOR SIGNATURE OMISSIONS AND NOTARY ACKNOWLEDGMENTS. SHEET 1 OF 12 SHELLS RECORDER'S STATEMENT FILED THIS DAY OF , 2005 A7 M. IN BOOK OF MAPS, AT PAGE AT THE REQUEST OF THE CRY CLERK OF THE CITY OF LA QUINTA NO. FEE LARRY W. WARD, COUNTY RECORDER BY. DEPUTY SUBDIVISION GUARANTEE BY: FIDELITY NATIONAL. TITLE COMPANY SURVEYOR'S STATEMENT THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE RI=IREMENTS OF THE SUBDMSION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF IREC—PAC/LA QUINTA, LLC. IN JULY, 2004. 1 HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED. OR THAT THEY WILL BE SET IN SUCH POSITIONS WITHIN ONE YEAR OF MAP RECORDATION: AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. DATE: 2005 � A co LL *n x GARY W. DOKK:H CS-. 4693 EXP. 9/30/05� �* CITY SURVEYOR'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN MAP OF TRACT NO. 31733 CONSISTING OF TWELVE (12) SHEETS AND I AM SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT. DATE , 2005 ERIC A NELSON P.L.S. 5583 EXP. 9/30/05 ACTING CITY SURVEYOR C17Y ENGINEER'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN ANNEXED MAP OF TRACT NO. 31733 CONSBTING OF TWELVE (12) SHEETS. THAT THE SUBDIVISION SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF. THAT ALL PROVISIONS OF THE SUBONGM MAP ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH. DATE . 2005 TIMOTHY R. JONASSON, R.C.E. NO. 45843 EXP. 12/31/06 PUBLIC WORKS DIRECTDR/CITY ENGINEER, CITY OF LA QUINTA CITY CLERIC'S STATEMENT 1, JUNE S. GREEK, CRY CLERK AND EX—OFF1C10 CLERK OF THE CITY COUNCIL OF THE CITY OF LA QUINT& CJLLIFORNA, HEREBY STATE THAT SAID CITY COUNCIL AT ITS REGULAR MEETING HELD ON THE _ DAY OF 2005, APPROVED THE WITHIN MAP OF TRACT MAP NO. 31733: AND ACCEPTED THE DEDICATION OF LOT Y (MONROE STREET) AND LOT Z_(AVENUE 61) FOR PUBLIC STREET AND UTILITY PURPOSES. SUBJECT TO IMPROVEMENTS, AND THE DEDICATION OF EASEMENTS FOR PUBLIC UTILITIES, INGRESS AND EGRESS OF SERVICE EMERGENCY VEHICLES OVER LOTS Q THROUGH X, INCLUSIVE. AND THE PUBLIC UTILITY EASEMENTS AS DEDICATED HEREON. DATED JUNE S. GREEK CRY CLERK AND EX—OFFICK) CLERK OF THE CITY COUNCIL CRY OF LA QUINTA CERTIFICATE OF ACCIFTANCE 1 HEREBY CERTIFY THAT UNDER THE AUTHORITY GRANTED TO ME BY THE BOARD OF DIRECTORS OF THE IMPERIAL MITIGATION DISTRICT. PER RESOLUTION NO. 15-90. DATED MARCH 22, 1990. THAT I ACCEPT ON BET ALF OF SAID DISTRICT. ITS SUCCESSORS OR ASSIGNS, THE DEDICATION OF EASEMENTS FOR ELECTRICAL POWER FACILITIES AS OFFERED. HEREIN. DATED: BY: JAMES P. KFLLEY SUPERVISOR. REAL ESTATE IMPERIAL IRRIGATION DISTRICT CERTIFICATE OF ACCEPTANCE I HEREBY CERTIFY THAT UNDER AUTHORITY GRANTED TO ME BY RESOLUTION NO. 78-248, DATED S67UBS 12, 1976. 1 ACCEPT ON 8EIALF OF THE COACHELLA VALLEY WATER DISTRICT THE DEDICATION OF EASEMENTS FOR DOMESTIC WATER AND SANITATION PURPOSES. AND THE OFFER OF LOT P N FEE TITLE FOR WELL SITE PURPOSES, AS OFFERED, HEREON, AM FERNA NDEZ. SECRETARY COACHELLA VALLEY WATER DISTRICT TAX CONNECTOR'S CEitllWTE I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE, AS OF THIS DATE. THERE ARE NO LIENS AGAINST THE PROPERTY SHOWN ON THE WITHIN MAP FOR UNPAID STATE, COUNTY. MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TALES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOW A LIEN. BUT NOT YET PAYABLE, WHICH ARE ESTIMATED TO BE i PAUL McDONNELL DATE: COUNTY TAIL COLLECTOR TAX BOND CERTIFICATE I HEREBY CERTIFY THAT A BOND IN THE SUM OF S HAS BEEN EXECUTED AND FILED WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE. CAUFORNIk CONDITIONED UPON THE PAYMENT OF ALL TAXES, STATE, COUNTY. MUNICIPAL OR LOCAL, AND ALL SPECIAL ASSESSMENTS COLLECTED AS TAXES, WHICH AT THE TIME OF FILING OF THIS MAP WITH THE COUNTY RECORDER ARE A LIEN AGAINST SAID PROPERTY BUT NOT YET PAYABLE AND SAID BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPERVISORS. DATE CASH TAX BOND NANCY ROMERO PAUL McDONNELL CLERK OF THE BOARD OF SUPERVISORS COUNTY TAX COLLECTOR BY. DEPUTY BY: DEPUTY 7 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CAUFORNIA SHEET 2 OF 12 SHEETS TRACT NO. 31733 BEING A SUBDMSION OF A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 6 SOUTH. RANGE 7 COST. SAW BERNIRDINO MERIDIAN, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. MSS CONSULTING SEPTEMBER. 2004 GARY W. DowCH LS.4693 SIGNATURE OMISSIONS: THE SIGNATURE(S) OF THE PARTIES LISTED BELOW, OWNER(S) OF EASEMENTS PER DOCUMENTS NOTED BELOW HAVE BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436 OF THE SUBDMSION MAP ACT, THER INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TIRE AND SAID SIGNATURES ARE NOT REQUIRED BY THE GOVERNING BODY. EASEMENT FOR THE PURPOSE OF A PIPELINE, IN FAVOR OF THE COACHELLA VALLEY COUNTY WATER DSTRICT. RECORDED MARCH 30, 1959, INSTRUMENT NO. 26040, OF OFFICIAL RECORDS. EASEMENT FOR PUBLIC ROADWAY PURPOSES, IN FAVOR OF THE COUNTY OF RIVERSIDE, DATED JANUARY 9, 1901 AND RECORDED APRIL 17, 1959, AS INSTRUMENT NO. 32692, OF OFFICIAL RECORDS. MINERAL RIGHTS AS RESERVED BY THE UNITED STATES OF AMERICA IN PATENT RECORDED JANUARY 21, 1902 IN BOOK 3, PAGE 53 OF PATENTS, RECORDS OF RIVERSIDE COUNTY. CALIFORNIA. EASEMENT TO BUILD AND MAINTAIN AN UNDERGROUND PIPELINE AND INCIDENTAL PURPOSES, IN FAVOR COACHELLA VALLEY WATER DISTRICT, RECORDED FEBRUARY 17, 2005 AS INSTRUMENT NO. 2005-0130818 OF OFFICIAL. RECORDS. EASEMENT FOR UNDERGROUND PIPELINE AND MICIDENTAL PURPOSES, IN FAVOR COACHELLA VMI.EY WATER DISTRICT. RECORDED JUNE 30. 2005 AS INSTRUMENT NO. 2005-0523303 OF OFFICIAL RECORDS. NOTARY ACKNOWLEDGEMENT STATE OF CALIFORNIA) SS. COUNTY OF RIVERSIDE) ON 2005, BEFORE ME, A NOTARY PUBLIC. PERSONALLY APPEARED PERSONALLY KNOWN TO ME OR WHOSE NAME(S)6/ARE SUON EBASIS OF SATISFACTORY BSCRIBED TO THE WITHIN EVIDENCE, ANTO D THE PERSON S) TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACTTY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT, THE PERSON(S). OR THE ENTITY UPON BEHALF OR WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND: PLEASE PRINT NAME: MY COMMISSION EXPIRES: PRINCIPAL PLACE OF BUSINESS: COUNTY NOTARY ACKNOWLEDGEMENT STATE OF CALIFORNIA) SS. COUNTY OF RIVERSIDE) ON 2005, BEFORE ME, A NOTARY PUBLIC, PERSONALLY APPEARED PERSONALLY KNOWN TO ME OR PROVED ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAMES) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS R AUTHORIZED CJPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE S) ON THE INSTRUMENT, THE PERSON(S), OR THE ENTITY UPON BEHALF OR WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND: PLEASE PRINT NAME: MY COMMISSION EXPIRES: PRINCIPAL PLACE OF BUSINESS: COUNTY as-zo-os I 0� (.fYN'699Z M yZ.lfm N) C q'_ W ass! M O pa R W O�Ci~n WZ�' 2 ; c� N d tic7 I� H 7ro "go pQ1,Q2� q4§$ 1�a && �yZy la i� t7 iI .� �IS34d J o J y17� a Ir y ets W8:3 L3 Zyv W � llaii W �d88 ��an H188h� ! 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O z C3 N 611'i l .fz z7v 26 w 3.00.001 N I I a I CZ'ZZ=7v .LZ.SSA OL 'ON 133HS 33S = Cal M SC.BYA N n Z � 338d-O.t N O o N $ ,S'6lo J I n i �a2*'�/ y •" 'S in N G, h I.YZ.YfS N •lL'fLl M SC.BYA N I IS a /L A = J J O lb I 1� 8 E � 1 14' p1. al "tv c n N no SOM - fat O 2 / h c i °�° h iSY,YO.t N 0Y21 e 00'LZl M $f,BYD N i2 $ NO. 10 SBl J '' N I N ��Z yNJ S� S"W N I a r 1•{ M r d I .OS � i M.lt tz.I N I d9'LZt M SC.BYA N � i 'ON I�HS 33S N'2 a I N I i J� a ATTACHMENT 3 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31733 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 by and between IREC-PAC/LA QUINTA, LLC a CALIFORNIA LIMITED LIABILITY COMPANY hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 31733 (the "TRACT") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in'accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. 19 FAWorkWunicipalities, Jurisdictions, Entities\La Quinta\Prado Del Sol\SIAs\330NSITE SIA.doc 1 of 7 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or TRACT map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially �a submitted and for substitution of securities but shall not be required for submittal of warranty 20 FAWork\Municipalities, Jurisdictions, Entities\La QuintaTrado Del Sol\SIAs\330NSITE_SIA.doc 2 of 7 security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty 21 FAWorkWunicipalities, Jurisdictions, Entities\La Quinta\Prado Del Sol\SIAs\330NSITE_SIA.doc 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' by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 22 FAWork\Municipalities, Jurisdictions, Entities\La Quinta\Prado Del Sol\SIAs\330NSITE_SIA.doc 4 of 7 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. 23 FAWorkWlunicipalities, Jurisdictions, EntitiesTa Quinta\Prado Del SoRSIMMONSITE SIA.doc 5 of 7 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk Local Address I REC-PAC/LA QU I NTA, LLC 12235 El Camino Real Ste 100 San Dieg 92130 (Atten. avi s. Esq) Date By: 44��k'l d - 14 - 260 lwl . Date Title: By. Title: us I ►`'1 es � list �t /I ancz EK tie / A/o -ray PJ 6 b C Da Reviewed and Approved: City Engineer Date Approved as to Form: �. City Attorney Date 24 6 of 7 FAWork\Municipalities, Jurisdictions, Entities\La Quinta\Prado Del Sol\SIAsMONSITE_SIA.doc State of California County of Rwr-_RSi De CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT On FkY'Lka-li' Z& � before me, MCLV-E" Sk I dJs �JIDTAIQ4 P060C, (here insert name and title olfthe officer) personally appeared Mo_yk RoLk) Sc)n personally known to me (or proved to me on the basis of satisfactory evidence) to be the perso Wwhose nameis/efe-subscribed to the within instrument and acknowledged to me that he4helhey executed the same in his hef4heef authorized capacity and that by hisArerfH r signature(s on the instrument the personw, or the entity upon behalf of which the person�eacted, executed the instrument. WITNESS my hand and official seal. 7l" Signature 64 �n5& 0 OPTIONAL INFORMATION MARY BETH SHIELDS COMM. #1639525 z zNotary Public • California C Riverside County Comm. Expires .Ian. 20, 2010 (Seal) Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of S0B DIV i S I 0 6J N VI PRoVC—MENT AqRC-JFM & N �" 1 RAcT IAA P N�. 3 I 3 r! - s rc containing ( pages, and dated Fe,br l �{ , 'ZC)O� The signer,capacity or authority is/tee as: ❑ Individual(s) ❑ Attorney -in -Fact 1Y Corporate Officers) � � N �5S UNIT / M A tQA6 Ck ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: representing: Title(s) Name(s) of Person(s) or Fntity(ies) Signer is Representing Method of Signer Identification ® Personally known to me ❑ Proved to me on the basis of satisfactory evidence: Lo form(s) of identification O credible witness(es) Identification is detailed in notary journal on: Page # j Entry # 5 Notary contact: JVIAR1ET Y 5HIELDS Other ❑ Additional Signer(s) ❑ Signer(s)Thumbprint(s) �l N3N'JO3IMONN)Y1NiW90i1MONN)tll NjW9U3lM�NhJVIf%1 Vi9431NUV�_vIN3'iN9�l3lM�YM:�V1N3 _J N��;1)Y1nJyVJUf nU'�M �v vin�ui m�nn_v�rvirv�nif nu ��vi v�r _N my v.�v�ry a._v� i� � i.�..-av� .�... �•. �-:...v. �... •..�..... �...,.., .. ..�... ... ........ _.,....._..._ - - © Copyright 2005 Notary Rotary, Inc. 925 29th St., Des Moines, IA 50312-3612 Form ACK02. 10/05- To re -order, call toll -free 1-877-349-6588 or visit us on the Internet at http://www.notaryrotary. ri `i � Exhibit A SECURITY — TRACT MAP NO.31733 ON -SITE IMPROVEMENTS Improvements designated as Participatoryhave been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the TRACT and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required TRACT improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading $ 1,677,429 $ 1,677,429 Street Improvements $ 681,280 $ 681,280 Storm Drainage $ 177,060 $ 177,060 Sanitary Sewer $ 281,550 $ 281,550 Domestic Water $ 468,160 $ 468,160 Dry Utilities $ 312,500 $ 312,500 Monumentation $ 40,000 $ - Totals Standard 10% Contingency Total Construction Cost Professional Fees, Design 10% Professional Fees, Const 10% Bond Amount $ 3,637,979 $ 3,597,979 $ 363,798 $ 359,798 $ 4,001,777 $ 3,957,777 $ 400,178 $ $ 400,178 $ 395,778 395,778 $ 4,802,133 $ 41749,333 26 F1WorkWunicipalities, Jurisdictions, Entities\La Quinta\Prado Del Sol\SIAsMONSITE_SIA.doc 7 of 7 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31733 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 by and between IREC-PAC/LA QUINTA, LLC, a California Limited Liability Company, hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 31733 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby (; ► A. secured. 27 F1WorkWunicipalities, Jurisdictions, Entities\La QuintaTrado Del Sol\SIAs\330FFSITE_SIA.doc 1 of 7 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging_ that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty 28 F:\Work\Municipalities, Jurisdictions, Entities\La Quinta\Prado Del Sol\SlAs\330FFSITE_SIA.doc 2 of 7 security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be. reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end- t-e of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty 29 FAWork\Municipalities, Jurisdictions, Entities\La Quinta\Prado Del Sol\SIAs\330FFSITE_SIA.doc 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 Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required `r by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 30 FAWorkWunicipalities, Jurisdictions, Entities\La Quinta\Prado Del Sol\SIAs\330FFSITE_SIA.doc 4 of 7 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or Record Drawing, the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in . no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in'this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. 31 FAWork\Municipalities, Jurisdictions, Entities\La Quinta\Prado Del SolNSlAs\33OFFSlTE_SlA.doc 5 of 7 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk Developer Address By: � Title: By: Title I REC-PAC/LA QU I NTA, LLC 12235 El Camino Real, Ste 100 San Diego, CA 92130 (Atten: David B. Simons. Esq) Date Date US 1 N S UNIT MANAGG R Date NcA Pv6 L► C_ Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date FAWorkWunicipalities, Jurisdictions, Entities\La Quinta\Prado Del Sol\SIAs\330FFSITE_SIA.doc 32 6of7 State of California ) CALIFORNIA ALL-PURPOSE County of R ► 1: RS i. D e ) CERTIFICATE OF ACKNOWLEDGMENT On deb , i r2 C: c before me �R I��TH SFf i�LDs c;rtA� ��'%�1 C- (here insert name and title of the officer) personally appeared Rcwscl"� IF personally known to me (or proved to me on the basis of satisfactory evidence) to be the persoil whose name(-9) is/a;e subscribed to the within instrument and acknowledged to me that he/she4he executed the same in his/cif authorized capacity(fes), and that by his/I-+eFA '.. signature(s) on the instrument the persons , or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. Signature MARY BETH SHIELDS COMM. #1639525 z a Notary Public • California 00 i Riverside County My Comm. Expires Jan. 20, 2010 OPTIONAL INFORMATION (Seal) Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of ,5 U i3 _01 V i S /c't-J i M P RQVCME_N`i AGRC-EN&K Tyr Imp JJo . 3 0 33 Cc*zF-S iT0 containing pages, and dated FEFG- The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ AttorneyOct B us i/q C-5S 0'j , /t�KjAG I. � [� Corporatee Offifficers) 1� ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: representing: Title(s) Name(s) of Person(s) or Entity(les) Signer is Representing Method of Signer Identification [Personally known to me ❑ Proved to me on the basis of satisfactory evidence: Lo form(s) of identification O credible witness(es) Identification is detailed in notary journal on: Page # —1--_ Entry # Notary contact: I�ARy I jC71=j Other ❑ Additional Signer(s) ❑ Signer(s) Thumbprint(s) i..'I111117INi J'. 11.. 731 101.E 113W �J C`IIIJtl�]V1'11131•�CrvNJV1N3WJN.�MO.1, 1+]1VJ41lMJN4: 711111 MGNL�vin'�W9C11IMOeIH�V IN3YV'JCJ 3lMONMJYl J3W9 A I,�01N I"N" Do MJNNJ41Ni.". M .l-tli1-1'vN3 ".`J�IIMON.= �3W9�]•INONNJHIN WM131 v��4 �iv�c11 n�01]J"1N31V`)U3'.Av I n cn I I ]�, 7 c,,. nrvn-) i ninc rn �n-n Hr all rnll-fraP t-R77-�49-(hSRR or visit us on the Internet at http://www notaryrotary. 0 1 i 0 Exhibit A OFF -SITE SECURITY — TRACT MAP NO. 31733 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Street Improvements $ 410,734 $ 410,734 Meandering Sidewalk $ 81,504 $ 81,504 Domestic Water $ 95,900 $ 95,900 Perimeter Wall $ 381,595 $ 381,595 Agricultural Improvements $ 88,560 $ 88,560 Signing and Striping $ 10,000 $ 10,000 Totals $ 1,068,293 $ 1,068,293 Standard 10% Contingency $ 106,829 $ 106,829 Total Construction Cost $ 1,175,122 $ 1,175,122 Professional Fees, Design 10% $ 117,512 $ 117,512 Professional Fees, Const 10% $ 117,512 $ 117,512 Bond Amount $ 1,410,146 $ 11410,146 34 F1Work\Municipalities, Jurisdictions, Entities\La Quinta\Prado Del Sol\SIAs\330FFSITE_SIA.doc 7 of 7 2 OFT COUNCIL/RDA MEETING DATE: March 21, 2006 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31732, Mira Del Sol, IREC-PAC/La Quinta, 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 Tract Map No. 31732, Mira Del Sol, IREC-PAC/LA QUINTA, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 31732 is located south of Avenue 60 and east of Monroe Street (Attachment 1). This residential development will consist of 198 numbered lots on approximately 43.8 acres (Attachment 2) . On January 20, 2004, the City Council approved Tentative Tract Map No. 31732. The developer has requested the City Council's conditional approval of the Final Map, which will allow 30 days for completion of its processing. To date, the SIA (Attachment 3) has been executed by the developer but the associated securities have not yet been received. The Final Map is technically complete and is being routed for signatures. The developer expects that the associated securities and all signatures will be in place within the time allowed for its conditional approval. City staff has prepared the attached Resolution, which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within 30 days (April 20, 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 Tract Map No. 31732, Mira Del Sol, IREC-PAC/La Quinta, LLC; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31732, Mira Del Sol, IREC-PAC/La Quinta, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, T'rrfiothy R. J n ss V P.E. Public Works rector/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 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 TRACT MAP NO. 31732, MIRA DEL SOL, IREC-PAC/LA QUINTA, 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: ti 3 Resolution No. 2006- Tract Map No. 31732, Mira Del Sol Adopted: March 21, 2006 Page 2 Section 1. The final map for Tract Map No. 31732 is conditionally approved provided the subdivider submits all required items on or before April 20, 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 tract map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Tract Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on April 20, 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 Resolution No. 2006- Tract Map No. 31732, Mira Del Sol Adopted: March 21, 2006 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 st 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 iJ 5 ATTACHMENT 1 ATTACHMENT 2 SHEET i OF 12 SHEETS IN THE CiTY OF LA QUINTA. COUNTY OF RNERSIDE, STATE OF CAUFORNIA RECORDER'S STATEMENT TRACT NO. 31732 2005 AT MIN AT E REQUEST Cm CLERK OF THE CITY OF LA QUINTA BEING A SUBDIVISION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND A PORTION OF THE NO. SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35. TOWNSHIP 6 SOUTH, RANGE 7 EAST OF THE SAN BERNARDINO MERIDAN, OFFICIAL RECORDS OF RNERSIDE COUNTY, CAUFORNIA FEE MOS CONSULTING JULY, 2004 GARY W. DOKICH LS.4693 LARRY W. WARD, COUNTY RECORDER DEPUTY BY: DEPUTY OWNER'S STATEMENT WE HEREBY STATE THAT WE ARE THE OWNERS OF THE LAND INCWDED WITHIN THE SUBDIVISION SHOWN HEREON, THAT WE ARE THE ONLY PERSONS WHOSE CONSENT 6 NECESSARY 70 PASS A CLEAR TiRE TO SAID LAID. THAT WE CONSORT TO THE MAKING AND RECORDING OF THIS SUBDMSION AS SHOWN WITHM4 THE DISTINCTIVE WRDER UNE. WE HEREBY DEDICATE TO THE CiTY OF IA WINTA LOT XX (MONROE STREET) AND LOT YY (AVENUE 60) FOR PUBLIC STREET AND UTILITY PURPOSES. AND AN EASEMENT FOR PUBLIC UTILITIES AND FOR RIGHT OF INGRESS AND EGRESS OF SERVICE AND EMERGENCY VO4 lES OVER THOSE AREAS DESIGNATED AS I= A THROUGH P. INCLUSIVE. DESIGNATED AS 'PRIVATE STREEY. THESE AREAS ARE RETAINED AS PRIVATE STREETS, AND FOR DRAINAGE PURPOSES FOR OURSELVES. ASSIGNEES, AND LOT OWNERS WITHIN THIS TRACT. WE HEREBY DEDICATE TO THE CITY OF LA WIINTA PUBLIC UTILITY EAS)MENTS AS SHOWN HEREON, WE HEREBY OFFER FOR DEDICATION TO THE COACHELLA VALLEY WATER DISTRICT. EASEMENTS FOR DOMESTIC WATER AND SANITATION PURPOSES OVER LOTS A THROUGH P. INCLUSIVE. DESIGNATED AS 'PRIVATE STREET. THE EASEMENTS SO DEDICATED INCLUDE THE RIGHT 70 ENTER UPON SAID LANDS TO SURVEY. CONSTRUCT. RECONSTRUCT, LAY. RELAY. MAINTAIN, OPERATE. CONTROL. USE AND REMOVE PIPEUNES, FIXTURES AND APPURTENANCES. AND TO REMOVE OBJECTS INTERFERING WiTH THE CONSTRUCTION, OPERATION AND MAINTENANCE THEREOF. WE HEREBY OFFER FOR DEDICATION 70 THE IMPERIAL IRRIGATION DISTRICT. AN EASEMENT OVER ALL PRIVATE STREETS SHOWN ON THIS MAP AND AN ADDITIONAL TEN (10) FEET IN WIDTH ON BOTH SLOES OF AND ADJACENT 70 ALL PRIVATE STREETS SHOWN ON THIS MAP, FOR THE EXCAVATION, LAYING. CONSTRUCTION, INSTALIATKK MAINTENANCE, OPERATION, INSPECTION, REPAIR REPLACEMENT, AND REMOVAL OF ELECTRICAL LINES. WIRES, CABLES. DUCTS. SUPPORTS, FDQURM, FACILITIES AND APPURTE?NNCES, WITH THE RIGHT OF INGRESS AND EGRESS OVER AND WITHIN SAME FOR MAINTENANCE. OPERATION AND EMERGENCY VEICLES. WE HEREBY RESERVE L07S 0 MOM WW, INCLUSIVE, FOR OPEN SPACE, LANDSCAPING. MAINTENANCE, RECREATIONAL. DRAINAGE AND PUBLIC UTILITY PURPOSES FOR THE SOLE BENEFIT OF OURSELVES, OUR SUCCESSORS. AND ASSIGNEES AND LOT OWNERS WITHIN THIS TRACT. REC-PAC/LA QUANTA, LLC, A CALIFMK I N= LIABILITY COMPANY BY: DAVID P. TWEDT, DIRECTOR OF LAD DEVIEOPM NT NOTARY ACKNOWL.EDG STATE OF CALIFORNIA) SS. COUNTY OF ON 2005, BEFDRE ME. A NOTARY PUBLIC, PERSONALLY APPEARED PERSON ALLY TO ME OR PROVED ON THE BASIS OF SATISFACTORY EVIDENCE. TO BE THEES) WHOSE NAME(S) IS/ARE SUBSCRIBED 70 THE WITHIN INSTRUMENT D ACKNOWLEDGED M ME THAT HE/SHE/iFEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACiTY(IES). AND THAT BY HIS/HER/THEIR SI;NAiURE(S) ON THE INSTRUMENT, THE PERSON(S). OR THE ENTITY UPON BEALF OR WHICH THE PERSONS) ACTED, DXECIM THE INSTRUMENT. WITNESS MY HANG: PLEASE PRINT NAME COMMISSION NUMBER: MY COMMISSION EXPIRES: PRINCIPAL RACE OF BUSINESS: COUNTY BENEFICIARY CATHAY BANK, BDUCIARY UNDER DEED OF TRUST DATED MAY 12. 2004 AND RECORDED MAY 20, 2004 AS INSTRUMENT NO. 2004-0360391. OF OFFICIAL RECORDS. BY: EDDIE CHANG. SENOR VICE PRESIDENT CHARLES W. RICE, VICE PRESIDENT NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA) SS. COUNTY OF ON 2005, BEFORE ME. A NOTARY PUBLIC. PERSONALLY APPEARED PERSONALLY KNOWN TO ME OR PROVED ON THE BASIS OF SATISFACTORY EVIDENCE. TO BE THE S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED 70 ME THAT HE/SHE/THEY EXECUTED THE SANE N HIS/HER/THER AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/1HHER SIGNATURES) ON THE INSTRUMENT, THE PERSON(S). OR THE WITTY UPON BEHALF OR WHICH THE PERSON(S) ACTED. EXECUTED THE INSTRUMENT. WITNESS MY HANG: MY COMMISSION EXPIRES: PRINCIPAL PLACE OF BUSINESS. COUNTY BENEFICIARY MW HOUSING PARTNERS IL LP., A CALIFORNIA LIMITED PARTNERSHIP/WRI INVESTMENTS II, LLC, A WASHINGTON LUM LIABILITY COMPANY. BENEIC1ARY UNDER DEED OF TRUST DATED MAY 11. 2004 AND RECORDED MAY 20, 2004 AS INSTRUMENT NO. 2004-0360393. OF OFFICIAL RECORDS BY: JOSEPH M. REED, VICE PRESIDENT EDWIN J. SiEPHE M VICE PRESIDENT SIGNATURE OMISSIONS AND NOTARY ACKNOWLEDGMENTS SEE SHEET NO. 2 FOR SIGNATURE OMISSIONS AND NOTARY ACKNOWLEDGMENTS sueDNtsm GUARANTEE BY: SURVEYOR'S STATEMENT FIDELITY NATIONAL TiiLE COMPANY THIS NAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REOUIROMOTTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF IREC—PAC/LA WIINTA IN JULY. 2004. 1 HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OKX]1PY THE POSrtK)NS INDICATED. OR THAT THEY WILL BE SET IN SUCH POSITIONS WITHIN ONE YEAR OF MAP RECORDATION; AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. 1 HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. LA DATE 2DO5 Hs 411113 _ GARY W. DOKIC H L.S. 4693 EXP. 9/30/OS a* ►aa��`* W aL%`' CITY SURVEYOR'S STATEMENT I HEREBY STATE THAT I FIVE EXAMINED THE WITHIN MAP OF TRACT NO. 31732 CONSISTING OF 7WE1VE (12) SHEETS AND I AM SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT. DATE 2005 ERIC A. NELSON P.L.S. 5563 EXP. 9/30/05 ACTING CiTY SURVEYOR CiTY ENGINEER'S STATEMENT I HEREBY STATE THAT I HAVE O AMNED THE WITHIN AMN DCEO MAP OF TRACT NO. 31732 CONSISTING OF TWELVE (12) SHEENS, THAT THE SUBOMSION SHOWN HEREON 5 SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TEMA7NE NAP AND ANY APPROVED ALTERA71MZ THEREOF, THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP FIVE BEEN COMPLIED WiTH. DATE . 2DO5 TIMOTHY R. JONASSON, R.C.E. NO. 45M EXP. 12/31/06 PUBLIC WORKS DIRMTOR/CITY ENGINEER, CITY OF LA OUINTA CITY CLERKS STATEMENT 1. JUNE S. GRE K. CiTY CLERK AND EX-OFFICIO CLERK OF THE CITY COUNCIL OF THE CIiY OF LA OUINTA, CALIFDRNA, HEREBY STATE THAT SAID CITY COUNCIL AT ITS REGULAR MEETNC HELD ON THE _ DAY OF 2005, APPROVED THE WITHIN NAP OF TRACT NAP NO. 3173Z AND ACCEPTED 7HE DEICATiON OF LOT XX (MINNROE STREET) AND LOT YY (AVENUE 60) FOR PUBLIC STREET AND UTtmY PURPOSES, SUBJECT 70 IMPROVEMENTS, AND THE DEDICATION OF EASEMENTS FOR PUBLIC UTILITIES. INGRESS AND EGRESS OF SERVICE BADN04CY VEHICLES OVER OVER LOTS A THROUGH P. INCLUSIVE, AND THE PUBLIC UTILITY EASEMENTS AS DEDICATED HEREON. DATED: JUNE S. GREEK CITY CLERK AND EX-OFFiCKO CLERK OF THE CITY COUNCIL CITY OF LA OUINTA CERTIFICATE OF ACCEPTANCE I HEREBY CERTIFY THAT UNDER THE AUTHORITY GRANTED TO ME BY THE BOARD OF DIRECTORS OF THE IMPERIAL IRRIGATION DISTRICT. PER RESOLUTION NO. 15-90. DATED MARCH 22, 1990. THAT I ACCEPT ON BEHALF OF SAID DISTRICT. ITS SUCCESSORS OR ASSIGNS. THE DEDICATION OF EASEMENTS FOR ELECTRICAL POWER FACLrt1ES AS OFFERED. HEREIN. DATED: BY: JAMBS P. KOM SUPERVISOR. REAL ESTATE. IMPERIAL IRRIGATION DISTRICT CERTIFICATE OF ACCEPTANCE I HEREBY CERTIFY THAT UNDER AUTHORITY CRANiED 70 ME BY RESOLUTION NO. 76-248. DATED SFPTEMBER 12, 1976, 1 ACCEPT ON BEHALF OF THE COACHELLA VALLEY WATER DISTRICT 7HE DEDICATION OF EASEMENTS FOR DOMESTIC WATER AND SANITATION PURPOSES AS OFFERED HERE)N. A" FERNANDEZ. SECRETARY COACHELLA VALLEY WATER DISTRICT TAX COIll=R'S CERTIFICATE I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE, AS OF THIS DATE, THERE ARE NO LIENS AGAINST THE PROPERTY SHOWN ON THE WITHIN MAP FOR UNPAID STATE. COINRTY. MUNIMAL OR LOCAL TAXES OR SPECIAL AISSESSMENiS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOW A LIEN, BUT NOT YET PAYABLE. WHICH ARE ESTIMATED TO BE _ PAUL McDONNELL DATE: COUNTY TAX COLLECTOR TAX BOND CERTIFICATE I HEREBY CERTIFY THAT A BOND IN THE SUM OF t HAS BEEN EXECUTED AND FILED WiTH THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, CALIFORNIA, CONDITIONED UPON THE PAYMENT OF ALL TAXES, STATE, COUNTY, MUNICIPAL OR LOCAL, AND ALL SPECIAL ASSESSMENTS COLLECTED AS TAXES, WHICH AT THE TIME OF FILING OF THIS MAP WITH THE COUNTY RECORDER ARE A LIEN AGAINST SAID PROPERii' BUT NOT YET PAYABLE AND SAID BOND WAS BEEN DULY APPROVED BY SAID BOARD OF SUPERVISORS. DATE: CASH TAX BOND NANCY ROMERO PAUL McDONNELL CLERK OF THE BOARD OF SUPERVISORS COUNTY TAX COLLECTOR BY: DEPUTY BY. DEPUTY ae-xo-4% 7 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 2 OF 12 SHEETS TRACT NO. 31732 BEING A SUBDIVISION OF A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35. TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN. RECORDS OF RIVERSIDE COUNTY. CAUFORNUK MDS CONSULTING JULY, 2004 CARP W. DOKICH LS.4693 SIGNATURE OMISSIONS: THE SCNATURE(S) OF THE PARTIES LISTED BELOW. OWNER(S) OF EASEMENTS PER DOCUMENTS NOTED BELOW HAVE BEEN OMITTED UNDER THE PROASIONS OF SECTION 56436 SUBSECTION (cx3XA)(7 OF THE SUBDIVISION MAP ACT. THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TTTLE AND SAD SIGNATURES ARE NOT REOMED BY THE GOVERNING BODY. EASOA NT FOR THE WATER PIPELINE. N FAVOR OF THE THE UNITED STATES OF AMERICA. RECORDED DECEMBER 22. 1949. BOOK 1133, PAGE 342. OF OFFICIAL RECORDS. EASEMENT FOR PUBLIC ROADWAY PURPOSES, N FAVOR OF THE COUNTY OF RIVERSIDE. DATED JANUARY 9. 1901 AND RECORDED APRIL 17, 1959. AS INSTRUMENT NO. 3269Z OF OFFICIAL RECORDS. MINERAL RIGHTS AS RESERVED BY THE UNITED STATES OF AMERICA N PATENT RECORDED JANUARY 21. 1902 N BOOK 3. PACE 53 OF PATENTS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. EASEMENT TO BUILD AND MAINTAIN AN UNDERGROUND PIPELINE AND INCIDENTAL PURPOSES, N FAVOR COACHEILA VALLEY WATER DISTRICT, RECORDED FEBRUARY 17, 2005 AS INSTRUMENT NO. 2005-0130818 OF OFFICML RECORDS. EASEMENT FOR UNDERGROUND PIPELINE AND INCIDENTAL PURPOSES. N FAVOR COACHEL A VALLEY WATER DISTRICT. RECORDED JUKE 30. 2005 AS INSTRUMENT NO. 2005-0523303 OF OFFICUL RECORDS. NOTARY SENT STATE OF CALIFORNIA) SS. COUNTY OF RIVERSDE) ON 2005. BEFORE ME. A NOTARY PUBLIC, PERSONALLY APPEARED PERSONALLY KNOWN TO ME OR PROVED ON THE SAW OF SATISFACTORY EVIDENCE. TO BE THE S) WHOSE NAMES) IS/ARE SUS TO THE WITHIN I STRUIENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME NT� ALMOME0 CAPACITY(IES). AND THAT BY HIS/HNER/THER SIGMA S) ON THE INSTRUMENT. THE PERSON(S). OR THE ENTRY UPON BEHALF OR WHICH THE PERSON(S) ACTED. EXECUTED THE INSTRUMENT. WITNESS W HAND. PLEASE PRINT NAME: MY COINASSON EXPIRES: PEAL PLACE OF BUSNESS: COUNTY NOTARY ACKNOWLEOG STATE OF CALIFORNIA) SS. COUNTY OF RIVERSIDE) ON 2005. BEFORE ME. A NOTARY PUBLIC, PERSONALLY APPEARED PERSONALLY KNOWN TO ME OR PROVED ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAMES) IS/ARE SUS TO THE WITHIN 06TRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME N !INS AUMDRIZED CAPACITY(IES). AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE NSTM MENT. THE PERSON(S). OR THE ENTITY UPON BEHALF OR WHICH THE PERSON(S) ACTED, EXECUTED THE NSMUMENT. WITNESS MY WEND: PLEASE PRINT WAIME: MY COMMTSSIDN DMIRES: PRINCIPAL PLACE OF BUSINESS: COUNTY If " o W29-m SHEET 3 OF 12 SHEETS IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CAUFORNIA Qom` �. TRACT NO. 31732 WORTH 1/4 CORNER SECTION B 35 FD. T It T fL TAG RC.E. ON. ta' STMPD 'S.O.R'. PER COUNTY OF RIVERSIDE - NDIO BEING A SUIBOIVISION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND A PORTION OF THE 32162, ON. 0.1'. OVER BRASS SURVEY TIES PER SURVEY SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35. TOWNSHIP 6 SOUTH, RANGE 7 EAST CAP PER COUNTY OF RIVERSIDE -� SURVEY 71ES PER "71 FJT. D-17 PAGE 53 OF THE SAN BERNARDINO MERIDAN. OFFICIAL RECORDS OF RIVERSIDE COUNTY. CALIFORNIA 071 F O SURVEY j 0-6F.B.17 N O RS 1 "; RS B4/4-6; It& 111/95; AND C.R. 89-312 MDS CONSUUING DECEMBER, 2004 GARY W. DOKICH L.S.4693 PAGE 53 NORTH 1/16 CORNER SECTION 35 N f!9'06'3tf E 2640.30' FD. T x T M/2 2� C-NAIL TIES. (N ff06'O(r E 2639.5T) ON. 0.1' NO REFERENCE ------------------, SHEET NO. 7-------------------i---------------1 --SHEET NO. 0 1 �,- f 1 1 1 890611320.15' N 38 n 1 �� , r C/L AVENUE 60 , YY =' I t T. 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I W 1 1%-N I a N 1SOB'SSE ------ L=99.55' RAD-PRCW I bmI V ' -- `� b--------------- SHEET NO. 4----1---- -SHEET NO. 12--------L----------- SHEET NO111 ----- - ------ ----- z _ FD. PK NAIL N OLD AERfAI TARGET. ND REFUeCE ACCEPTED AS 1/16 CDR. C/L AVENUE 61 /- 1320.78' N BMW E 2641.5r COTTER 1/4 SECTION 35 (N 891125E 2fi41 51') COUNTY RS. g4/4� ON. mr. PER RS. a4/4-6. WEST 1/4 cofnER SECTION 35 EXISTING EASEMENT NOTES: FD. RR SPW ON. 03. SET SURVEYOR'S NOTES EASEMENT FOR WATER PIPEIMS, N FAVOR OF THE OVER 1 1/4. LP. WITH COUNTY SURVEYOR TAG PER COUNTY OF Q UNITED STATES OF AMERICA. RECORDED DECEMBER 22, 6) — INDICATES FOUND MONUMENTS AS NOTED. ( � - INDICATES RECORD DATA PER R.S. 84/4-6 1949, BOOK 1133. PACE 342. OF OFFICIAL RECORDS. RIVERSIDE -I DIO SURVEY TIES PER SURVEY jO-6071 F.B. D-17 PACE 51 AND RS UNLESS OTHERWISE NOTED. O — INDICATES SET 1' I.P. TAGGED LS. 4693. EASEMENT FOR PUBLIC ROADWAY PURPOSES. IN FAVOR FLUSH UNLESS OTHERWISE NOTED I I ' NDICATM RECORD DATA PER III 111/95. Q OF COUNTY OF RIVERSIDE, DATED JANUARY 9, 1901 AND 51/62; PJL 79/43; R.S. IN ESS OTHERWISE NOTED. RECORDED APRIL 17. 1959. AS INSTRUMENT NO. 32692. 54/4-A; RS 111/95.; AND r RON PPE TAGGED LS 4693. FLUSH; OR SPIRE k OF OFFICIAL RECORDS. RN. CO. T.B. 69/126 MASHER OR LEAD TACK TAGGED L.S. 4693 N CONCRETE TO BE SET AT ALL LOT CORNERS; OR F LO1 GORIER THIS TRACT MAP CONTAINS 196 NUMBERED LOTS Q EASEMENT TO BURR AND MAINTAIN AN UNDERGROUND PIPELINE AND INCIDENTAL PURPOSES, N FAVOR OF BASIS OF BEARINGS FALLS ON FACE OF CURB LEAD AND TACK TAGGED I.S.3 FALL N TOP OF CURB B. A D N OFFSEF. 10 BE SET AND 51 LETTERED LOTS. COACHELLA VALLEY WATER DISTRICT, RECORDED RY 17, COOS AS INSTRUMENT N0. 2005-0130816 THE BEARINGS SHOWN HEREON ARE BASED AT ALL FRONT LOT CORNERS. EXCEPT AT B.C.1% E.C.S. THIS TRACT MAP CONTAINS 43.111 ACRES. OF OFFICIAL RECORDS F FFI 1L PR.C.S THAT ABUT A STREET WHICH ARE NOT LOT OO ON THE WEST LINE OF THE NORTHWEST DUARTER (1/4) OF SECTION 35. TOWNSHIP COOTS IMRIONG SIDE LOT LINES, AND TO BE SET AT EASEMENT FOR UNDERGROUND PIPELINE AND INCIDENTAL 5 All CENTERLINE NTERSEC110f15 B.C.S. EC.S AND ALL Q4 PURPOSES, N FAVOR OF COACHELLA VALLEY WATER SOUTH, RANGE 7 EAST. S.B.M. OTHER CENTERLINE POINTS OF CONTROL, UNLESS DISTRICT. RECORDED JUNE 30. 2005 AS INSTRUMENT NO. TAKEN AS. NORTH 0028'48• WEST OTHERWISE NOTED. 2005-0523303 OF OFFICIAL RECORDS. PER R.S. 64/4-6. N4/41t1WP496\xU-3.VK 05-29-05 44• A-!1Eu, RM SHEET 4 OF 12 SHEETS IN THE CITY OF LA QUINTA, COUNT( OF RNERSIOE, STATE OF CALIFORNIA TRACT NO. 31732 BEING A SUBDIVISION OF THE NORTIMIEST QUARTER OF THE NORWWEST QUARTER AND A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35. TOWNSHIP 6 SOUTH, RANGE 7 EAST OF THE SAN SM ARDINO MERIDAN, OFFICIAL RECORDS OF RIVERSIDE COUNTY. CAUF'ORMA MOS CONSULTING DECEMBER, 2004 GARY W. DOKICH L.S.4693 SEE SHEET NO. S 173'�I 175' rN 6� SEE SHEET NO. S�' �"' LOT G `\ �\ 198 LOT A.197 N8731'lf E 216.8p (rRNAIESiREE1) 188 dasr4J,rr"1p4/ qyJ N,11 N4sk ® y6rpb ``\ :: ORTEGA HILLS �LrO�TC �Gw mil 0.805 AC. wi 20 R/• �•! \ \ \` Jp c• JS� \�� \\ N 8731'1?E^ \ 12 07 e / �� '?4 ° o�. \ �ti/ © LOT K RAD `� LOT U 3 N_6T23'16'W JJ• \ \•� / I g Nh1 �41'3.�w . 50' U - 17.5•ow- 'ry 1 ~ N 89 31'12 E 121.3T0 �" \ O�i�j ORC 165 o a C g __ o d �'C \?• �,q�, BAD N BS2rof E b d "i e�F �� \ 'Tf '7 � Ran _ 1a'M 4 / 173' i +� bl LOT NN SE�" ,� �s. 'r, \ N 14 5 JS' $r2 N 0.1n AC �`� . s�7f 'P•°ts� ' p! \ ` 198 75 NRAD-PRE j" rpZSp, / - - - - - d=1'41'57' L=1&31' o WN N 8731'12" E 114.82' / q</�� [<pJ.26• 15' o 10• A9' 2 N 89.31'1Y E 117.00' N51_ ^ _ W NI'13 w avHzs•1r Jrsrl4mo jf a. 04 I LOT G I T Y J J 197 $ 74 '� 8 I '� c 43' 1 e=1' le's 167 a N 8731'12r E 110-W I I o N 8731.12 E 11500 i OD Q i g 73 I v� I 196 I 165 166 a} I b n �_ c b b b b b Y1 N 8731'12" E 115.00'� ;�; N 8731'17 E 110.00' zz2 z l z z N mho I all ^ _ $ 72 V 7C L�T3.22' 9 - - I I g, n 3�i 00 16.78' -Y 5' 1 E 51.78 �- tg x Ig �35' 10. I_ f7Ti1 F 195 �� 9 N 8731'1Y 0 \� Sry �: N 8731.12' E SIM _- �_ ! PRIVATE n A - x N 8731'1? E 115.00' 17.5' 17.5' � � <<�• 26 o�- 'z J I L�T3. 22' �.. 6=1701,ff q9 8n L-151V71 9 • 191 = I b 9 ; 0/ N e731'IT E 11500• 194 ; 193 ; 192 d Z b8 70 N e731'11E 2D.W B� p7• JJ" �aeg -N 87311fE 35.00 !�/ 11 b 16.78' d�1' 33' 4� -- (- - yam.- - - a 1 LOT E 1266 AC ;� N �3112 E�10528 �_ s Ii ld 15-O'8731'17E 71.50' (PTWYAIE S1REE� ' �_ N 8731'17. E 105.28' '�- g I n CASANOVA 2 STREET Fri 3 g o °D I5•r 1550 ' N 8731'1Y E 337J 50.00' SO.W �- 50.00' a 47.78' e-r 25' 24• L!0.02' W - 40.00' �- 6.50_- �N b 50.OW -- ---- 50.00' --- ---- -- e_0'O6'2r L=22Y ; g9�I aol 8731'17E 35.00' 99n/ 8rl �I n ' 69 ; o "1 68 ; 67 ; 0 66 ; c 65 ; 63 o ; 62 ; N 8706'47 E 382.45' EASEMENTS Q- WDlCA7ES A 10.00 FOOT EASEMENT FOR EASEWIT TO C.V.W.D. FOR DOMESTIC PUBLIC UMITY PURPOSES DEDICATED TO WATER AND SAWRATION PURPOSES. 6113W RREATION DSIM. O_ WCATES 5.00 FOOT FASMIf FOR Q2 - EASEMENT TO CM.W.D. FOR DOIAEmc KMJC UMff PURPOSES DEDICATED WATER AND SNATATON PURPOSES AND TO MPERML RRI ATM DISTRICT. TO THE CITY OF LA DAM FOR PUBLIC UTILITY PURPOSES, NICRESS AND OGRESS ©- W07ES A 5.00 FOOT EASEMENT FOR OF SERVICE AND DIERCENCY VETMCLES. PUBLIC UTILITY PURPOSES DEDICATED TO ©- WCATES A 10.00 FOOT EASMIT FOR CITY OF LA oLAIiTA PUBLIC UTILITY PURPOSES DEDICATED TO CITY OF U OUINTA SEE SHEET 3 FOR SURVEYOR'S b WI b z ryl z Ib =1 '^? `. s• 2r e-' 50. 2r L-50. 08• OA, CURVE TABLE I Q CURVE TABLE CURVE TABLE No. DELTA RAM LDNCTN I No. DELTA RADIUS I LENGM No. DELTA RADIUS I LRCM 1 9(roo W 23.50' 36.91' 112 28'1 IV 100.00' I 4920' 23 618 34 148150' 176.31' 2 15'00'11' 1010.00' 264.47' 13 614*51' 100.00' 9.16• 24 F48'34' 1466.00' 17423' 3 8554W 23.50' 35.24' 14 5743,11' 137.50' 138.52' 25 94VX 1448.50' 172.15' 4 8' 19'02' 23.50' 141' 15 2046 29' 99 W 32.45' 26 818'27 1338-50' 194.OT 5 705'0? 782.50' 28.49' 16 9SS4'59" 10.00' 1&39' 27 91812er 132&00' 192.54' 6 94'13'52• 23.50' 38.65' 17 1W02'4,r 23.50' 43.49' 28 918'26' 1317.50' 191.02' 7 2T15'5Fr 23.50' 11.18' 18 7S59'JPr 10.00' 12.91' 29 928'21" 1217.50' 180.03' 8 41'04'56• 35.00' 25.10' 19 2T52'O9• 35.Ow 17.03' 30 828 21' 1200.00' 177.45, 9 9900'OU 25.00' 39.2T 1 20 13'12'4r 35.00' 8.07' 31 628'21' 11B2.50' 174.86' 10 90 00'00' 35.50' SS.76 21 8 3425 137.50 20 58 32 12 ST 2U' 800.00' 180.89' NOTES AND BAM OF lifJ1RI M SCALE 1"-30' 11 13SMY I 100.00 1 58.36' 1221 7-38'2,r 1 137.50' Ot 'ON 133HS 33S I� "ji 15 14. -mob A916 M ABlD N 1~ri nn e'".i n•t ":innRY o11! o pu'^i, mN O•'1�� R o'7i'� 441 bban T ON* 101*18N, N w8b8b'j3��'�mvg$p� ow Is 8$'rHi� 3�NwN�nen�w _ �!_ b°b no *8 Y =7Rvmnnn'8 _ b.75nnn bhb tb VD Y o. 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NGRESS AND EGRESS ©_ NDI('ATFS A 5.00 FOOT EASt]IFNT FOR Of SERVICE AND EIAFRCEN(Y VE]iICIES PUBLIC U"M PURPOSES DEDICATED 70 CRY OF LA QUANTA II SCALE 1' -30' CURVE TABLE 0 CURVE TABLE No. DELTA RADIUS LENGTH No. DELTA RADIUS I U NCTH 1 90'OD'OLT 2350' 36.91' 9 r22'13 1182W 1 28,28' 2 11'51'59' 60O.DO' 124.26' 10 P00'5T 118250' 20.92' 3 88'0B'Of 23-W 36.15' 11 0159'2T 118250' 20.44' 4 88'DV4T 23.50' 36.13' 12 021-0 1182.50' 7.56' 5 1'49'14 121750' 38.69' 13 ITOO'15 610.50' 138.56' 6 9722'14' 10-W 16.12' 14 13'00'IT 600.00' 136.18' 8738.01- 10-W 1 15.64' 1511 589.50' 133.W 8 4702'5fr 2350' 17.25' 16 11.5J.; 617.50' 127.89' 17 SEE SHEET 3 FOR SURVEYORS NOTES AND BASIS OF BFARM SHEET 12 OF 12 SHEETS IN THE CRY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 31732 BEING A SUBOMSION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 6 SOUTH, RANGE 7 EAST OF THE SAN BERNARDINO MERIDAN, OFFICIAL RECORDS OF RNERSIDE COUNTY, CALIFORNIA MOS CONSULTING DECEMBER, 2004 GARY W. 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So L•180. 07' 2T 55 d �r7 -=1► a `, 'q �� 7 I� 09 td 2.50 L 74.93 1 1=11' S1' ` R'604• �' .1 r nti �oLOT E = 1286 AC d -0 28' 21' n • aT JO • 6 /a\ y /// �a� 6 d=T 22.1 R �6 \ 1� �1200.00' 1=177.45' R�82.50' L-35.60' /B�\J � `t'�//�. �pVA'm 2 1 120.64' 'r- n VA "� a=12 G6' 1S L.126: �Y 1 d Il 51' 5'� R 56; 1` d$ 14'07' L.16.24' rT z_ -� d 28' 21' R=1182. 50 L-174. 86' q OVATE Simon d�0 20' R�00.00 L.212.98' SMELL L�2 61' 1 6 �. L - - d� 25. 41 L-60. 11 • A -I 26' 1 '617. 50• L �+ R.617. 50 5d - - _ L�50.29' d�T 48•1. 11' 44, ��f tr dT 41' Od 6 S 45�. 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FOR DOMESTIC 50- RWATES A 5.00 FOOT EASEIDIT FOR 2 WATER AND SANRA11011 PURPOSES AND PUBLIC UTILITY PURPOSES DEDICATED TO COURSE TABLE 10 THE CITY OF LA QLA1401 FOR PUBLIC MPERML IRRIGATION DISTRICT. DISTANCE UIIM PURPOSES, IIl1GRESS AND EGRESS OF SERVICE AND DhERGENCY VDKLES. ©- WATES A 5.00 FOOT FASEIAW FOR PUBLIC m RY PURPOSES DEDICATED 10 1 2 N 89'31.1TE N 028'48•W 10.00' 20.50 CURVE 1 0 CURVE TABLE No. DELTA I RADIUS LENM I No. I DELTA RADIUS I LENGTH i 4T13'2T 23.50' 19.3T 8 1 49'23'5T 23.50' 20.26' 2 90.00'00' 10.00, 15.71' 9 6" 4 OC 39.50' 4.30' 3 87'55'19' 23.50' 36.06' 10 54'56'1T 23.50' 22.54" 4 ST44'28' 23.50' 34.76' 11 T31.19' 39.50 2.0 5 TJ1'5T 617-W 38.OT 12 T11-16 39.50' 2 5 51'48'26' 23.50• 21.25' 13 242'487 39.50' 1.BT CITY OF LA QLAMA L7 642'34 39.50' 1 4.63' SEE SHEEP 3 FOR SLIRVE`IOR'S NOTES AND BASIS OF BEARINGS c\4"1AW N \a11ac ro-M-os CITY OF LA QUINTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31732 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 by and between IREC-PAC/LA QUINTA, LLC a CALIFORNIA LIMITED LIABILITY COMPANY hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 31732 (the "TRACT") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by otherG ("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 i. 3 7 secured. 19 FAWorkWunicipalities, Jurisdictions, Entities\La Quinta\Prado Del Sol\SIAs\320NSITE_SIA.doc 1 of 7 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or, a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or TRACT map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially 198 submitted and for substitution of securities but shall not be required for submittal of warranty 20 FAWork\Municipalities, Jurisdictions, Entities\La Quinta\Prado Del Sol\SIAs\320NSITE_SIA.doc 2 of 7 security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) 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 9 acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty 21 FAWork\Municipalities, Jurisdictions, Entities\La Quinta\Prado Del Sol\SIAs\320NSITE_SIA.doc 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 -� by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 22 FAWork\Municipalities, Jurisdictions, Entities\La QuintaTrado Del SoRSIMMONSITE_SIA.doc 4 of 7 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable 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 (;4-e) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. 23 91 FAWork\Municipalities, Jurisdictions, Entities\La Quinta\Prado Del Sol\SlAsQ2ONSlTE_SlA.doc 5 of 7 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk Local Address By: Title: IREC-PAC/LA QUINTA, LLC 12235 El Camino Real Ste 100 San Diego 92130 (Atten: vid B) Si qn§,- EEsq) 5IN't:ISs jNIT MAt�AGG12 Date Date By. Date Title: N DT PO 6 0 C Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date W FAWorkWunicipalities, Jurisdictions, Entities\La Quinta\Prado Del Sol\SlAs\320NSITE SIA.doc 6 of 7 State of California ) CALIFORNIA ALL-PURPOSE County of R 1ve Rs 1 DL- ) CERTIFICATE OF ACKNOWLEDGMENT On FebYuCtr i �G06 before me, Mar CSC+k phi gilds (o Ry ��v R i,i (here insert name and title of the officer) personally appeared 1\AAR k (�cx,S -00 personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons} whose name(g) is/tee subscribed to the within instrument and acknowledged to me that he/s*eA4-rey executed the same in his/fir authorized capacity(ies), and that by his/heOthei signatures} on the instrument the person(s), or the entity upon behalf of which the person(5} acted, executed the instrument. WITNESS my hand and official seal. a Signature / t MARY BETH SHIELDS COMM. #1639525 z Notary Public . California o Z Riverside County My Comm Expires Jan. 20, 2010 OPTIONAL INFORMATION (Seal) Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of 5U6 DIYI 5)0A3 1 MPR OOEMEW l- AiGpe:EMENT TR/'Ci AAAP NC:. 31739, (01j -jITF), containing _3__ pages, and dated F—_k. 4, .2cc,,6 The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact tj iT %�4AtJAG C- ('� [X Corporate Officer(s) V S t� Title(s) ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: representing: Name(s) of Person(s) or Entity(ies) Signer is Representing Method of Signer Identification Personally known to me ❑ Proved to me on the basis of satisfactory evidence: L-0 form(s) of identification 0 credible witness(es) Identification is detailed in notary journal on: Page # Entry # Notary contact: Other ❑ Additional Signer(s) ❑ Signer(s) Thumbprint(s) El -w ..or . i ' .,— , .,' ,r, I. ox �o.h c, no< NA. i io IrM > Pn n(^knm INrK To ra-nrder call toll -free 1-877-349-6588 or visit us on the Internet at http://www notaryrota 191,13 Exhibit A SECURITY — TRACT MAP NO.31732 ON -SITE IMPROVEMENTS Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the TRACT and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required TRACT improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading $ 1,978,067 $ 1,978,067 Street Improvements $ 895,190 $ 895,190 Storm Drainage $ 319,347 $ 319,347 Sanitary Sewer $ 323,410 $ 323,410 Domestic Water $ 471,220 $ 471,220 Dry Utilities $ 492,500 $ 492,500 Monumentation $ 40,000 $ - Totals $ 4,519,734 $ 4,479,734 Standard 10% Contingency $ 451,973 $ 447,973 Total Construction Cost $ 4,971,707 $ 4,927,707 Professional Fees, Design 10% $ 497,171 $ 492,771 Professional Fees, Const 10% $ 497,171 $ 492,771 Bond Amount $ 5,966,049 $ 5,913,249 26 FAWork\Municipalities, Jurisdictions, Entities\La Quinta\Prado Del SoftSlAs\320NSITE_SIA.doc 7 of 7 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31732 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 by and between IREC-PAC/LA QUINTA, LLC, a California Limited Liability Company, hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 31732 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby i secured. 27 FAWork\Municipalities, Jurisdictions, Entities\la QuintaTrado Del Sol\SIAs\320FFSITE_SlA.doc 1 of 7 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety ,or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid i separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty 28 FAWork\Municipalities, Jurisdictions, Entities\La Quinta\Prado Del So1\SIAs\320FFSITE_SIA.doc 2 of 7 security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) 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 I acceptance or approval by the City Council of all Tract Improvements. However, if at the "end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty 29 FAWork\Municipalities, Jurisdictions, Entities\La Quinta\Prado Del Sol\SIAs\320FFSITE_SIA.doc 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 19 J by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 30 F:\Work\Municipalities, Jurisdictions, Entities\La Quinta\Prado Del Sol\SIAs\320FFSITE_SIA.doc 4 of 7 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the J. rJi 9 heirs, executors, administrators, assigns, and successors of the parties hereto. 31 FAWork\Municipalities, Jurisdictions, Entities\La QuintaTrado Del Sol\SIAs\320FFSlTE_SlA.doc 5 of 7 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk Developer Address By:_ Title: By: Title: IREC-PAC/LA QUINTA, LLC 12235 El Camino Real, Ste 100 San Diego, CA 92130 (Atten: David B. Simons. Esq) Date 1A1CS . UNi T IIIA14AGek Date tFl v p�' 6 LI C Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date d - Iq , "qco 6 32 FAWorkWunicipalities, Jurisdictions, Entities\La 0uinta\Prado Del Sol\SIAS\320FFSITE_SIA.doc 6 of 7 State of California ) CALIFORNIA ALL-PURPOSE County of R 1 \V'UR5 i nG ) CERTIFICATE OF ACKNOWLEDGMENT GG I (�d5� �0-ka!�J_Ulic On ��- l�, � before me, �� r 1, personally appeared (here insert name and title of the officer) MARK RCW5i01\J personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(( whose name(si is/, -*&subscribed to the within instrument and acknowledged to me that he/she4hey executed the same in his/he� authorized capacity(iery), and that by his/hef4flieir signature(} on the instrument the person(s), .or the entity upon behalf of which the person(sj acted, executed the instrument. WITNESS my hand and official seal. Signature e � WY BETH SHIELDS COMM. #1639525 = Notary Public • California 14my Riverside County Comm. Expires Jan. 20, 2010 OPTIONAL INFORMATION (Seal) Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of 5ui3D'1115lo10 I i**19Rov'r MGtQT Ac-�RE mENT- i RAC1— MAP Nc. 3113a (0Ft 5,TI5), containing `1 pages, and dated Pe6• )qJ Zoo The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact U\J 17-MAt"JAGE-12 [X Corporate Officer() ' ./�-' �� 5 S e Titles) ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: representing: Name(s) of Person(s) or Entity(ies) Signer is Representing Method of Signer Identification Personally known to me ❑ Proved to me on the basis of satisfactory evidence: Lo form(s) of identification O credible witness(es) Identification is detailed in notary journal on: Page # Entry # Notary contact: Iv�ARY gErk �I1 I ELKS Other ❑ Additional Signer(s) ❑ Signer(s) Thumbprint(s) Mmi © Copyright 2005 Notary Rotary, Inc. 925 29th St., Des Moines, IA 50312-3612 Form ACK02. 10/05. To re -order, call toll -free 1-877-349-6588 or visit us on the Internet at http://www.notaryrot&7,' Exhibit A OFF -SITE SECURITY — TRACT MAP NO. 31732 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Street Improvements $ 613,592 $ 613,592 Meandering Sidewalk $ 99,252 $ 99,252 Domestic Water $ 130,360 $ 130,360 Perimeter Wall $ 544,150 $ 544,150 Irrigation Demo and Improvements $ 62,080 $ 62,080 Signing and Striping $ 10,000 $ 10,000 Totals $ 1,459,434 $ 1,459,434 Standard 10% Contingency $ 145,943 $ 145,943 Total Construction Cost $ 1,605,377 $ 1,605,377 Professional Fees, Design 10% $ 160,538 $ 160,538 Professional Fees, Const 10% $ 160,538 $ 160,538 Bond Amount $ 1,926,453 $ 1,926,453 34 F:\Work\Municipalit ies, Jurisdictions, Entities\La Quinta\Prado Del Sol\SIAs\320FFSITE_SIA.doc 7 of 7 OFT AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: March 21, 2006 BUSINESS SESSION: ITEM TITLE: Approval of a Professional Services CONSENT CALENDAR: �0 Agreement (PSA) with LAN Engineering Corporation to Prepare the Plans, Specifications, and Engineer's STUDY SESSION: Estimate (PS&E) for the Avenue 52 Bridge Improvements, Project Number 2005-02 PUBLIC HEARING: RECOMMENDATION: Approve a Professional Services Agreement (PSA) in the amount of $198,140 with LAN Engineering Corporation to prepare the Plans, Specifications, and Engineer's Estimate (PS&E) for the Avenue 52 Bridge Improvements, Project No. 2005-02. FISCAL IMPLICATIONS: The following represents the project's approved funding and funding sources: Transportation DIF Total Funding Available (Fiscal Year 05/06): $250,000 $ 250,000 The following represents the anticipated budget for the design phase: Design and Environmental Review: Administration: Total: $237,500 $12,500 $250,000 The construction phase of the project is identified for funding within the City's adopted Fiscal Year 2005/2006 Capital Improvement Program (CIP) in the amount of $1,250,000 during Fiscal Year 2006/2007. The upcoming draft Fiscal Year 2006/2007 CIP will contain a requested appropriation for the construction phase of this project. CHARTER CITY IMPLICATIONS: The project is 100% funded with locally generated funds and is located entirely within the City of La Quinta. The project will be bid as a non -prevailing wage project and may result in cost savings. r� r. BACKGROUND AND OVERVIEW: The Avenue 52 Bridge, spanning the Coachella Canal, is located on Avenue 52, between Jefferson Street and Madison Street. The proposed improvements will widen the existing roadway, approaches, and bridge from two to four lanes (86 feet in width), including, but not limited to, bridge widening, street improvements, curb, gutter, sidewalk, and median island improvements with landscaping. On May 17, 2005, the City Council adopted a Resolution approving the Fiscal Year 2005/2006 through 2009/2010 Capital Improvement Program (CIP). The Avenue 52 Bridge Improvements are included within the adopted CIP and scheduled for funding during Fiscal Years 2005/2006 and 2006/2007. On December 6, 2005, the City Council authorized staff to distribute a Request for Proposals (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Avenue 52 Bridge Improvements, Project No. 2005-02 and to appoint a Consultant Selection Committee. The City received seven proposals from qualified engineering firms. On January 16, 2006 following its evaluation of the seven proposals, the Consultant Selection Committee unanimously recommended LAN Engineering Corporation be awarded a PSA in the amount of $198,140.00 to prepare the PS&E. Contingent upon City Council approval of the PSA (Attachment 1) on March 21, 2006, the following represents how the project is expected to proceed: City Council Approval of PSA Design Construction (1 2 Months) Acceptance of Improvements FINDINGS AND ALTERNATIVES: March 21, 2006 April 2006 — September 2006 December 2006 — December 2007 January 2008 The alternatives available to the City Council include: 1 . Approve a Professional Services Agreement in the amount of $198,140 with LAN Engineering Corporation to prepare the Plans, Specifications, and Engineer's Estimate for the Avenue 52 Bridge Improvements, Project No. 2005-02; or 2. Do not Approve a Professional Services Agreement in the amount of $198,140 with LAN Engineering Corporation to prepare the Plans, Specifications, and Engineer's Estimate for the Avenue 52 Bridge Improvements, Project No. 2005-02; or �, �� 2 3. Provide staff with alternative direction. Respectfully submitted, •C. Timothy R. J66ss P.E. Public Works Direc r/City Engineer Approved for submission by: G Thomas P. Genovese, City Manager Attachments: 1 . Professional Services Agreement (PSA) r �r 3 ATTACHMENT 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and LAN Engineering Corporation ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to the Avenue 52 Bridge Improvements, Project No. 2005-02, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work r� r 11 6-W L V LAN Ave 52 Bridge PSA Page 1 of 9 4 at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this 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 Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed One Hundred Ninety -Eight Thousand One Hundred Forty Dollars ($198,140.00) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. r� LAN Ave 52 Bridge PSA Page 2 of 9 5 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. William Nascimento, P.E., S.E., President b. James M. Faber, P.E., Vice President It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, P.E. or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. LAN Ave 52 Bridge PSA Page 3 of 9 6 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. n - � LAN Ave 52 Bridge PSA Page 4 of 9 % All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. Consultant shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents ("Indemnified Parties"), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Consultant, its officers, employees and agents, which arise out of Consultant's negligent performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such claims, Consultant shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition, Consultant shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. LAN Ave 52 Bridge PSA Page 5 of 9 8 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. LAN Ave 52 Bridge PSA Page 6 of 9 9 City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. LAN Ave 52 Bridge PSA Page 7 of 9 10 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: LAN ENGINEERING CORPORATION Attention: William Nascimento, P.E. President 1887 Business Center Drive, Suite 6 San Bernardino, CA 92408 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. LAN Ave 52 Bridge PSA Page 8 of 9 11 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date: ATTEST: June Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: in LAN ENGINEERING CORPORATION Name: William Nascimento, P.E. Title: President Date: LAN Ave 52 Bridge PSA Page 9 of 9 12 Exhibit A Scope of Services Consultant's scope of work to prepare the project plans, specifications and engineer's estimate (PS&E) for the Avenue 52 Bridge Improvements, Project No. 2005-02 is attached and made a part of this agreement. 13 Description of Proiect The development and construction of this project is a effort by the City of La Quinta (City), and the City is serving as the project's administrator for the preliminary studies, environmental documentation, design, right- of-way engineering, right-of-way acquisition (if necessary), and construction. The proposed project will widen (or replace) the existing Avenue 52 bridge over the Coachella Canal. Phase I of the Project requires an investigation as to the feasibility of widening the existing bridge, or the determination of the need to replace this bridge; the development of the roadway alignment; the selection of the bridge type, and environmental studies and clearance. Phase 2 of the Project development will require final design: plans, specifications and cost estimates for the construction of the bridge widening (or replacement), roadway, drainage, and related improvements; and relocation of utilities. Phase 3 of the Project development will require right-of-way legal descriptions and plat maps for the dedication of needed right of way. Phase 4 of the Project requires construction support. I Description of Work E. Phase 1- Preliminary Engineering and Environmental Clearance The Engineer shall provide professional and technical engineering services necessary to evaluate the feasibility, and associated costs, of widening the existing bridge, (and this may depend upon freeboard clearance required by the Coachella Valley Water District (CVWD)) versus the full replacement of the Avenue 52 bridge; and provide necessary documentation for environmental clearance. Work will include, but not necessarily be limited to, preliminary engineering, field surveys, traffic studies, geometric layouts, preliminary right-of-way layouts, and order of magnitude cost estimates. It is anticipated that under the California Environmental Quality Act (CEQA), the project is eligible for a Categorical Exemption (which the City will be producing); and since there is no federal funding involved, clearance with regard to the National Environmental Policy Act (NEPA), will not be required. It is also anticipated the City will be doing the technical studies required. The Engineer shall assist the City in any public meetings, City Council presentations and meetings with area business owners. The work in Phase 1 is more fully described herein. Phase 2 - The Engineer shall prepare the Plans, Specifications and Cost Estimates for the Avenue 52 Bridge Improvements Spanning the Coachella Canal. Phase 2 tasks will include, but not be limited to, surveys, determination of required right-of-way (if any), highway geometries and vertical alignments, design of all roadway, grading, structures, drainage facilities, utility relocations, traffic striping and signing, stage construction, and construction traffic control for the project. The work in Phase 2 is more fully described herein. Phase 3- The Engineer shall prepare right-of-way documents and assist the City in obtaining right- of-way easements from the CVWD and right of way dedications from the property on the northeast quadrant of the bridge crossing. The work in Phase 3 is more fully described herein. Phase 4 - The Engineer shall provide, during the construction phase, construction support services. The work in Phase 4 is more fully described herein. 1. Meet with the Project Development Team (PDT) to review the project in more detail and to establish procedures to be followed in reviewing the project with the PDT during various stages of the project. 2. Review available information from City files of existing improvements that may aid in the design of the Avenue 52 Bridge Improvements. Avenue 52 Bridge Improvements, Project No. 2005-02 14 3. Research and obtain copies of existing, available development plans, and traffic reports from adjacent properties. 4. Obtain existing "as -built" drawings, if available. 5. Research, obtain and review available maps and plans of major utilities and proposed utilities within the project area, and meet with representatives of utility companies with facilities affected by the project. 6. Prepare a project work schedule and list of deliverables, milestone submittal schedule and submit to the City for review and approval. 1. Establish survey ground control for aerial photography. 2. Obtain ground surveyed cross -sections necessary to complete the PS&E. 3. Provide aerial photography and topographic mapping. The City shall be provided a copy of the aerial photographs and digital map compilation. Final aerial mapping will consist of 40-scale with contours at 2-foot intervals. Bridge site mapping is to be 20-scale with contours at 1-foot intervals. 4. Provide design surveys as follows: a) Scope of Work for Design Data Surveys i.) The Engineer shall perform surveys, including mapping, to complete the PS&E. ii.) All surveys shall be performed in accordance with accepted professional standards. Ill.) The Engineer shall prepare required record of survey maps, file corner records and other documents as required to set Engineer -established monuments by tagging or stamping the monuments with the license or registration number of the Engineer's surveyor who is in "responsible charge" of the work. l . Perform the required field investigation, laboratory testing, and reports. The geotechnical engineer shall conduct investigations and prepare a Geotechnical Design Report (GDR), in accordance with the requirements of Caltrans, for the specific needs of the Project. The geotechnical engineer will determine subgrade characteristics and develop pavement design, and determine the requirements for the bridge structure. 2. The report will include a geotechnical study, subsurface exploration, and a written report. The geotechnical study shall be prepared in conformance with current editions of the Caltrans, "Standard Test Methods: California Test 130" And "Guidelines for Foundation Investigations and Reports." 3. The subsurface exploration will include the following field studies: a) Drilling a minimum of two (2) test borings to depths of approximately 80 feet at the proposed location of the bridge structure for the purposes of foundation " ) . Avenue 52 Bridge Improvements, Project No. 2005-02 15 recommendations. A sufficient number of borings and depth of borings must be done to adequately determine foundation requirements. b) Drilling three (3) test borings to depths of approximately 15 feet. These borings are for the purpose of determining subgrade support values, utility trench stability, trench bedding, etc. All soil borings will be drilled using a truck -mounted hollow -stem auger drill rig. 4. Field work will be conducted under the supervision of an experienced staff engineer, geologist, or soil technician. a. Engineering properties of the foundation and subgrade materials will be evaluated by appropriate field and laboratory tests. Samples will be obtained from the borings for subsequent examination and laboratory testing. Earth materials will be visually classified in the field in general accordance with the Unified Soil Classification System. Field Classifications will be verified in the laboratory by visual observations and confirming tests where necessary. The following field and laboratory tests will be performed: In -situ moisture content and dry density Grain size analysis Direct Shear Consolidation Atterberg Limits Soluble sulphate content Minimum electrical resistivity pH Resistance (R-value) test 5. Details pertaining to the field study and the test boring logs will be presented on a reproducible Log of Test Borings. 6. Based upon geologic evaluation and engineering analyses of the field and laboratory data, a geotechnical report will be prepared. The report will summarize the physical data acquired and will present comments and recommendations to aid in design and construction of the proposed bridge, utilities, pavement, and earthwork. The following subjects will be covered in the report: a. Evaluation of types, locations, and engineering characteristics of the subsurface materials encountered. The bridge foundation study shall include a discussion of subsurface conditions, laboratory testing, analysis recommendations and seismic design parameters that pertain to the bridge. b. Groundwater conditions. C. General discussion of regional geology as it relates to the proposed construction and engineering seismology, including liquefaction potential. d. Suitable foundation types for the bridge structure. e. Recommended design parameters for the most feasible methods of foundation support, including allowable bearing capacities and resistance to lateral loads for spread footings, if used. f. Determine earthquake design parameters and site -specific design requirements in accordance with Caltrans Design Standards. g. Concrete corrosion potential and recommendations. h. Metal corrosion potential and design recommendations methods if applicable. i. Evaluation and recommendations regarding excavation, temporary and permanent Avenue 52 Bridge Improvements, Project No. 2005-02 16 slopes and site grading. Earthwork design shall conform to Section 304 of the Highway Design Manual. J. Pavement section recommendations for roads, trenches and site improvements that consider heavy truck traffic loads. Pavement Structural Section design shall comply with Section 600 of the Highway Design Manual. k. Comments on utility pipe bedding and trench backfill. Three (3) copies of the preliminary report will be presented for City review. Thereafter, review comments will be incorporated and three (3) copies of the final report will be delivered to the City. The report shall bear the signature and stamp of the California Registered Civil Engineer in responsible charge. Prepare a memorandum report that analyzes the feasibility of widening the existing bridge structure versus the need to replace the existing structure with a new structure. It is anticipated the CVWD will provide hydrology calculations and criterion (such as freeboard requirements), to form the basis of this memorandum. 1. Complete research and data gathering. Meet with representatives of utility companies, and research, obtain and review available maps and plans of major utilities and proposed utilities (if any) within the project area. 2. Complete ground surveys needed to complete the Preliminary Engineering Services (it is anticipated aerial topography will not be necessary, therefore the project topography will be produced using ground survey only). 3. Develop base plan and profile from field surveying. Base plans and profiles will be at a scale of 1 "=40' horizontal and 1 "=4' vertical. 4. Once it has been decided the bridge can either be widened, or must be replaced, as determined by the PDT, develop alternative preliminary horizontal and vertical roadway alignments for City's review. 5. Develop a preliminary staging plan of traffic for each alternative. 6. Meet with the City to select the preferred bridge type. 7. Attend public meetings, City Council workshops, and presentations and meetings with the affected business owners. Deliverables: Engineer shall obtain written approval from the City for each of the following products (deliverables) for the Project: Phase 1: Environmental Clearance 2. Aerial Photography/Survey 3. Preliminary Roadway and Bridge Designs 4. Bridge Type Design 5. Preliminary right-of-way requirements Avenue 52 Bridge Improvements, Project No. 2005-02 17 A Preliminary Design Services (35% Submittal) Roadway The Engineer shall prepare preliminary plans, specifications, and estimates for the bridge, roadway design for Avenue 52 Bridge Improvements. 2. Structures — Engineer shall prepare and deliver to the PDT the plans, specifications, and estimates for the construction of all structures on this project. The bridge type shall be approved by the PDT. a) Bridge Design Work Construction details for each design shall be prepared on reproducible plan sheets. Each plan sheet shall be signed by the design engineer who produced the design and who is registered in the State of California. Each design shall be independently checked by a qualified engineer retained by the Engineer and approved by the City and who is registered in the State of California. Each plan sheet shall also be signed by the Engineer who performed the independent design check. The calculations for both the design and the independent check shall be submitted as part of the PS&E submittal requirements. b) Bridge Specifications The Engineer shall use the State Standard Special Provisions (SSP's) and current Standard Specifications for bridge related work. The Engineer shall edit the SSP's and prepare Structure Special Provisions specific to this project. The Structure Special Provisions shall be signed by the design engineer who produced the design and who is registered in the State of California. The bridge design shall conform to the State of California Division of Structures (DOS) Bridge Design Specifications, Bridge Design Details and Memos to Designers. C) Bridge Estimates The Engineer shall prepare quantity calculations and develop unit costs for each contract bid item and prepare the bridge cost estimate. Quantities for all contract items shall be substantiated by calculations. Quantity calculations shall be neat and orderly and shall show all sketches, diagrams and dimensions necessary to allow them to be independently used by field inspectors. All quantity calculations shall be independently checked and substantiated with calculations. 3. Traffic a. Develop preliminary staging, construction zone signing and striping plan, and detour plans. Impacts and access to the existing properties will be considered. b. Prepare preliminary, ultimate roadway signing and striping plan. 4. Utility Improvements a. Determine necessary utilities affected by the project. b. Discuss the above utilities with utility purveyor to determine their design and Avenue 52 Bridge Improvements, Project No. 2005-02 18 relocation requirements. C. Prepare a utility plan of the proposed utilities. Accurately identify all existing utilities on the roadway plans. d. Identify existing facilities to be relocated. e. Prepare sewer relocation/protection plans, if necessary. f. Prepare water relocation/protection plans, if necessary. g. Make arrangements on behalf of the City with the affected utilities with prior rights, to relocate their facilities as required. h. Arrange for potholing of existing utilities that must be relocated or may conflict with construction or need to be protected in place. i. Coordinate for utilities to be protected in place. 5. Drainage a. Prepare preliminary drainage plans for various drainage systems to drain onsite locations. b. Prepare preliminary hydrology study. 6. Quantity and Cost Estimates a. Prepare preliminary quantity estimates for the project based on preliminary plans and proposed bid items. b. Prepare a preliminary project cost estimate based on current unit prices and the above quantity estimates. B Final Design Services (65% and _ (100%) Submittal) Upon written approval of preliminary plans by the PDT, final design and plan preparation will be undertaken. The Engineer shall prepare complete plans, specifications and bid documents for construction of project improvements including: 1. Roadway a. Complete roadway plans and profiles, including cross -sections, grading, staging, median island improvements and drainage facilities. 2. Structure a. Complete plans, specifications and estimates for structure. b. Contract documents. 3. Traffic a. Complete traffic striping and signing. b. Complete stage construction plans. 4. Utilities a. Complete utility relocation plans as described for 35% complete plans. 5. Drainage a. Complete drainage plans as described for 35% complete plans. 6. Quantities and Cost Estimates a. Submit the final plans, specifications, and cost estimate to the City for review and approval and make revisions as necessary to obtain City approval. r, Avenue 52 Bridge Improvements, Project No. 2005-02 19 b. Submit calculations and quantity takeoffs supporting cost estimates. 7. Coordination a. Conduct periodic coordination meetings with the PDT and representatives of other affected agencies and utilities to review the progress of work, to obtain additional input and directions, and to ensure that the PDT desires are being met. b. Confer and coordinate with each utility owner in the preparation of its plans for new or relocated facilities. C. Attend meetings with PDT during the final design to coordinate and review the work, obtain additional input and directions and coordinate the processing of plans and specifications 8. Public Meetings a. Attend public meetings as requested by the PDT. Provide presentations to the City Council, wherein the Engineer shall describe the project. C. Camera Ready Upon written approval of the final plans and specifications by the PDT, a camera ready submittal will be undertaken. The Engineer shall respond and address all comments and prepare a camera ready submittal for the City to go out to bid with the project. Deliverables: Engineer shall obtain written approval from the City for each of the following products (deliverables) for the Project: Phase 2: 1. Structure Plans 2. Checked Structure Plans 3. Title Sheet 4. Geotechnical Report 5. Typical Cross Sections 6. Construction Details 7. Contour Grading Plans S. Drainage Plans, Drainage Profiles and Drainage Details 9. Utility Relocation Plans and Details 10. Stage Construction, Traffic Control Plans and Detours 11. Construction Area Signs Plan 12. Pavement Delineation/Striping, Pavement Markers Plans and Details 13. Summary of Quantities 14. Sign Plans, Details and Quantities 15. Revised or New Standard Plan Sheets 16. Miscellaneous Details 17. Construction Control Survey Maps(s) 18. Construction Cost Estimate and Data gr,, r? Avenue 52 Bridge Improvements, Project No. 2005-02 20 19. Draft Special Provisions -Computer Format 20. Draft PS&E (35% and 65% Submittal) 21. Final PS&E (100% Submittal) 22. Right -of -Way Services 23. Construction Support 24. Provide one (1) full size plan sets of mylars, one (1) set of specifications, and a copy of each on CD General Provide personnel who are licensed to perform surveying in the State of California to accomplish various kinds of right-of-way engineering survey work required for the construction of the project. Said licensed personnel shall be in responsible charge of field survey crews searching for land net monuments. They shall also be in responsible charge of office crews analyzing and reducing field survey notes, title reports and deeds to be used in determining property line locations for use on maps and writing deeds. The Engineer shall cause the following types of work to be done, as applicable: a) Title Reports. The Engineer shall order a preliminary title report in conformance with the Procedure Handbook for each parcel required. b) Property Surveys. The Engineer shall perform property surveys and locate monuments that will be used in determining the location of ownership of property affected by the project. The Engineer shall also update or extend the furnished topographic or planometric mapping to show features missing from the furnished maps when needed for appraisal purposes and to show features on appraisal maps. c) Produce Legal Descriptions and Plat Maps. The Engineer shall produce legal descriptions and plat maps for the channel crossings; and for the nursery property for the dedication of right of way and the landscape setback on the northeast quadrant of the crossing. d) Flagging right-of-way. The Engineer shall field flag right-of-way lines for use by appraisers and property owners as requested. e) Monumenting Right -of -Way. The Engineer shall set monuments on the final right-of-way line in conformance with the applicable provisions of the Professional Land Surveyors Act. A Record of Survey showing all found and set monuments shall be filed in conformance with the Land Surveyors Act. Deliverables: Engineer shall obtain written approval from the City for each of the following products (deliverables) for the Project: Phase 3: 1. Property surveys 2. Right of Way Map 3. Preliminary title reports 4. Flag proposed Right of Way Avenue 52 Bridge Improvements, Project No. 2005-02 21 5. Set monuments and file a Record of Survey with the County Surveyor's office. Construction Bidding Phase Assist the City with the Bid Phase in interpretation of the drawings or specifications during the bidding period and preparation of an addendum, if required. The Engineer will review bids and prepare a tabulation of the bids. Construction Support a) Attend the pre -construction meeting. b) Respond to requests for information and/or requests for change to clarify the intent of the contract documents. c) Visit the job on -site to review construction or to resolve any discrepancies in the contract documents. d) Review submittals and shop plan drawings. e) Draft As -Built Changes documented by the CM firm on the Drawings. Deliverables: Engineer shall obtain written approval from the City for each of the following products (deliverables) for the Project: Phase 4: 1. Responses to RFI/RFC's 2. Change Drawings 3. Shop Drawing Reviews 4. Drafted As -Built Drawings Assumptions: The following is a list of items, which are not currently part of this scope: a) All items listed above as "Optional: Not part of this scope". b) It is assumed a Stormwater Data Report will not be needed, therefore it is not included. In addition, permanent BMP's design is not included in this scope. c) Construction Support budget is estimated only. Work for this effort is a function of contractor and may exceed the budget estimated. d) Resolutions of Necessity and condemnation process. Avenue 52 Bridge Improvements, Project No. 2005-02 22 Exhibit B Schedule of Compensation Payment shall be on a "Fixed Fee" basis in accordance with the Consultant's Schedule of Compensation attached herewith for the work tasks performed in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed One Hundred Ninety -Eight Thousand One Hundred Forty Dollars ($198,140.00) except as specified in Section 1.6 - Additional Services of the Agreement. 23 City of La Quinta COST PROPOSAL Avenue 52 Bridge Improvements Spanning the Coachella Canal ................................. SUMMARY BY FIRM Total.,: Other 1 Total Hours Cost Direct Cost Cost Llrrt & NasCIrYlBtltq LAN 4 Category- Y g,- I Di _ - Pl SSE -SCE -CE Assoc En T S$ A D QA/Q sl 1,188 $126,560 _ $0 $126,560' - Prime Rate- $150.87, $143.90 $134.62 $90.52 $89.36 $76.59 <; _ Category>4 PI SAna� Anal GIST WP�QA/QC 0 $0 $0 $0 Environmental I Rate > 1 $149 11 $8691 $83.a9 $74.35 $66.04 $119 78r .. • , ,. .a Category-> PM _ SrSC SrBI Bio� WP QA/QC 0 $0 $0 $0 Right of Way O tional/Per Parcel g Y (p , Rate > 1 $95.00 $1ss.00 Category'i PE SrSC ProjE Tech CAD Admin 128 $14,530 $6,200 $20,730' -- Geotechnical Rate > $ $130 00 $115.00 0 $85.00 $70.00 $55.00� •: Category P S TE TE Assoc Staff[ _ 1 0 $0 $0 $0' Traffic Forecasting/Analysis Rate > $210 00, $150 001 $100.001 $90.00� $75.00 __ �;..�'� ��7r:S€S�t3"It� ate. i} Category- Cate ory PM PIC PEi AE Admin � 68 $6,336 - $150 - $6,486 Traffic Design -Rate-I $138.60 ll $151 47 $rn.001 $72is $as.zo Category, ategory ' PM LS CAD Crew Staff - - - - 72 $12,814 -- $0 -- $12,814' SurveyingRate _ > I $176 30 $101 49 $85.74 $321.74 $74.65 I �`��" Category > P'i PM SSE SE 0 $0. $0 $0 Bridge Independent Check 9 P Rate > _ 1 $137.941 $76.56 Category-> P CAD SSE�Admin - -- 78 - - $7,988 $0 $7,988 Landscaping Rate > $12925i $594s - Douglas Engineering (I30UL Category - PM CAD - 180 $23,563 - $0 - $23,563 Utilities -- Rate > 1 - $154 28I $84 15 _.__. __. ., ,_ _. :... ...:. Totals-> 1,714 $1919790 $6,3501 $198,140' SUMMARY BY TASK Total Other Total TASK / MANHOURS Hours Cost Direct Cost Cost Phase Description 1.00 Project Development/Design Firm Categ ories 1.01 Project Coordination/Management LAN -I 40 -- - 40 $6,035 --- $6,035 - - - - - -- 1.01 Project Coordination/Management 0 0 0 $0 $0 - $ 1.01 i Project Coordination/Management 01 2 0 - $3,3 -- $3,3 1.01 (00 Project Coordination/Management = 20i - - i $0 1.01 -- -- n Project Coordination/Management 0 0 0 1 $0 1.01 1Project Coordination/Management r ft 8 - $50 251 $1,41 1.01 Coordination/ManagementProect 1 8 - - I - 8 - s---1$1,20 $1,410 - - $1,410 ' - 1.01 (Project - - -t ___ - ement Coordination/Management io g - - - - -1 - i,. - - 0 8 $0 --- $1,034 $0 - $0 - $1,034 1.01 Project Coordination/Management 8 -r - - - 1 01 Project Coordination/Management Dou 60 $9,257 $9,257 -- - - - _i 1.02 Research and Data Collection LAN $724 $724 -- 1.03 ISurveying/Topo/Base/Field Work - 13 r- - 24L - 24 - - 1 - r -- 56 -108 $10,591 --$11,230 $ 10,591 - Geotechnical Investigation/Report 1.04- 8 30 26 16I t3' 20 - -- - - $6,200 - $17,430 - -- 1.05 - - Roadway/Bridge Alts LAN - - 14 _ 4 28 - Y ---- $2,683 - - $2,683 1.06 (Traffic Studies/Report 0 _ -- 0� 0 0� - _ _ - - 1.07 Struct. Analysis (Wide/Replace) LAN _ - - 40 40 -- $5,756 - -- $5,756 - 1.08 JPrepare PS&E Package - d(} 40 r 120 $10,816 $10,816 1.08AIRoadway Design _'Bridge LAN LAN _ 40 10t) 401 1401 _ J 160 - J O(} -- 40 - 620 $64,501 $64,501 1.08B Design - -- - 1 - 40 $3,621 $3,621 1.08C Drainage Evaluation/Design - - LAN - -�0 -- _ 58 $5,135 $100 $5,235 1.08D�Sig ling and Striping - -__ - L _ 12I 2� 2U 4 - - -- 70 $6,954 $6,954 1.08E Median Island Landsca e Desi n 40 - - - - - - -- 1.08E Quantities, Specs, Schedule, and LAN 81 32 40� 80,$9,386 $9,386 1.09Structural Estimate Independent Check LAN - 1 _ 42 50 - - - - } -_ 92 - -- _ , $10,180 - -- - $0 -- $10,180 1.10 Right of Way Requirements J 8 60, I _ - - 8 120 - $812 $14,306 $812 $14,306 1.11 UtilityCoordination/Permits Doug601 LAN- 8. 161 1 - 40 1 F 40 - 120 $12,858 $12,858 1.12 - Construction Support -- - --:. -- - - - - 0 $0 $0 - $0 1.13 R/W A raisal/Ac uisit. O tional/Per PP q ( P 0 0 Acquisition) - Subtotal 320 326I 168 302 274 180 1001 44 1714 $191,790 $6,350 $198,140 2.00 Environmental Documentation Firm Categories 2.01 Project Initiation I 0 -- -' - - - L- - - - 0 - $0 $0 - 2.02 Technical Studies Assessment 0 - 0I - 0 0 0 0 - - 2.02A1Biological O 01 ----0 $0 $0 2.026 Cultural Resources - `> - 0 0 - 0 0t - 0 $0 $0 2 02C Air Quality 0 {) 0 II 01 OI-- + oI - - - 2.02D Noise Anal Y _ - - zF -- 0 Of y 0 0 - $0 $0 2.02E Hazardous Waste Initial Site - Assessment (ISA) - $0 - $0 2.03 Draft CE 0 - - - - - 0 - - $0 $0 .2.04 Final CE Subtotal 0 0 0 0I 0 il 0 01 0 Oil 0 $0 $0 $0 Total-> 3201 326 168 302I 274( 180I 100 44I 174 $191,790 , $6,350 $1989140 24 Exhibit C Schedule of Performance Consultant's Project Schedule is attached and made a part of this agreement. Consultant shall complete the services presented within the scope of work contained within Exhibit "A" in accordance with the attached project schedule. 25 LL o n g� � W � Z V co a w.o (L w V cc CY 0AF. O cm E a 1 cn a 4 w ... rn N ai------ .. :wn' m m m J- n U> Q o ?f 'o :o :a o :a o a O i� :O :a :o a :o as 0 �_ 0 o as :o :a o a o a 0 a :o a N •o :� :o Z) 7 D O :; 4 � � a a F :� :li�° ,gyp :� :N :LL LL ,•Q° 'N :F t; :1- O O O d a: m ... w (D co �......� .. co .:m... 'ro .....�.......w. ro..... ro .... to cc......fO- co:m ...:� - d o � 'O :o 'o O o :o :O :O O � O a 'O a O O a a a77s : C :.0 :.r C LL IL L F L '� :LL 'LL •L M� N.......N -...N-.-..N �N Y1.-....N H N N � .-..h N -- VI T.-.. ♦ `. W N =_ O VI N'-- a N-- y... T Y ; T T T ', T T ,x ; T T ' Y a T Y ; T :m ..Y :a .A O '.� .^�j .M O :� .No , Od :� :M O O N O ;� :O :N Y O F ........ .... ........... . ... ...... ............ ... ..........-... ......... -.. ..... ..... ......-.-...... ... -. ..-.. ..... C ^. E N AL N 4.:=•,:. e o a fo A-Aa a. m LL o :� Q th w :v _ S S Or m 9 C lu = O'er G tT H y F C7 w z in a Zii ° 2 : bi 0 m o o 0 0 0 0 0 0 :o g s 1'o rn U a. d d :IL W C i� 71.1 - w v ao 26 Exhibit D Special Requirements None. 27 COUNCIL/RDA MEETING DATE: March 21, 2006 ITEM TITLE: Authorization for Overnight Travel for One Member of the City Council to Attend the International Council of Shopping Centers Spring Conference in Las Vegas on May 21-24, 2006 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize overnight travel for one member of the City Council to attend the International Council of Shopping Centers' Spring Conference in Las Vegas on May 21 — 24, 2006. FISCAL IMPLICATIONS: Expenditures for this conference are estimated as follows: Registration $ 345 Travel 275 Hotel 800 Meals 300 Total $1720 Funds for this conference attendance are available in the Legislative Program's Travel, Training and Meetings Account (#101-1001-41 1 .51-01). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The annual International Council of Shopping Centers' Spring Conference provides economic development marketing, training, information sharing, and professional development opportunities. A brief description of the program is attached for the Council's review (Attachment No. 1). Mayor Adolph has expressed an interest in attending. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Authorize overnight travel for one member of the City Council to attend the International Council of Shopping Centers' Spring Conference in Las Vegas on May 21-24, 2006; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, Deborah Powell, Management Analyst Approved for submission by: G " Thomas P. Genovese, City Manager Attachment: 1 . ICSC —Spring Conference 2006 Registration 2 Registration 2 ICSC_Hom_e > _Spring Convention_Hrne > Registration = printer_fr Registration REGISTRATION xhibitor otl and wi"avl Register Now Registration -Form.. (pdf) Attendee List REGISTRATION FEES* Convention ro ro�� ADVANCE ON -SITE ICSC Members* * $345 $445 Private DinnerWith (After November 15, 2005) - "4yL ar� o Non-members $690 $890 Spouse Program $345 $445 � rtuOpponiSigt x s (Fee includes access to all Convention Activities) Convention Registration Fee Includes: Contact Us Access to the Full Convention Program, Networking Brunch, Welcome Reception Breakfasts and Lunches, Admission to the Leasing Mall and Trade Exposition. Spouse Program Registration Fee Includes: Admission to all Spouse Program Activities, Access to the Full Convention Progri Networking Brunch, Welcome Reception, Two Breakfasts and Lunches, Admissio x:3"�►r1 Leasing Mall and Trade Exposition. Dress Code: Business or business casual attire is appropriate. REGISTRATION DEADLINES Register by March 31, 2006 to receive your badge in the mail... quick and hassle Registrants who pay the member rate must be a member in good standing on N retain that rate and receive a badge in the mail. All Convention and Spouse Pro( will be mailed at the end of April with instructions. Upon arriving in Las Vegas jL the Registration Center at the Las Vegas Convention Center or at one of the ren hotel and airport locations to pick up your badge holder and program informatio simple. March 31, 2006 Register by deadline to receive your Convention badge in the mail and to be list Advance Registrants Directory. April 28, 2006 Deadline to pre -register before arriving in Las Vegas. Registrations will not be ai this date. May 20, 2006 http://www.icsc.org/2006SC/registration.php 3/17/2006 COUNCIL/RDA MEETING DATE: March 21, 2006 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of Improvements for a Period of One Year for Amended Tract Map No. 31348, The Estates at Point Happy, PH Ranch, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: / C t? . STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council to extend the time for completion of improvements as specified in the approved Subdivision Improvement Agreement (SIA) for a period of one year from January 12, 2006 for Amended Tract Map No. 31348, The Estates at Point Happy, PH Ranch, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Amended Tract Map No. 31348 is located south of Highway 111 and west of Washington Street (Attachment 1). This residential development consists of 70 lots on approximately 38.2 acres (Attachment 2). On March 16, 2004, the City Council approved Tentative Tract Map No. 31348. On November 16, 2004, the City Council adopted a Resolution granting conditional approval of the Final Map and SIA for The Estates at Point Happy, PH Ranch, LLC. 1 On August 1 1, 2005, the City Engineer signed the Amended Tract Map No. 31348. Completion of SIA improvements requires that the subdivision improvements begin within ninety days and are completed within twelve months after the approval of the SIA. Failure by the subdivider to begin or complete construction of the improvements within this specified time period, may, at the City's discretion and when deemed necessary, declare the subdivider in default of the SIA. The developer, PH Ranch, LLC anticipates the improvements will be completed within six months from March 16, 2006. City staff has prepared a Resolution, which provides for approval of the second extension of the SIA. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council to extend the time for completion of improvements as specified in the approved Subdivision Improvement Agreement (SIA) for a period of one year from January 12, 2006 for Amended Tract Map No. 31348, The Estates at Point Happy, PH Ranch, LLC; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of improvements as specified in the approved Subdivision Improvement Agreement (SIA) for a period of one year from January 12, 2006 for Amended Tract Map No. 31348, The Estates at Point Happy, PH Ranch, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, Imothy R. o as , P.E. Public Works Dire or/ City Engineer Attachments: 1. Vicinity Map 2. Amended Tract Map Approved for submission by: Thomas P. Genovese, City Manager 2 1 RESOLUTION NO. 2006-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT FOR A PERIOD OF ONE YEAR FOR AMENDED TRACT MAP NO. 31348, THE ESTATES AT POINT HAPPY, PH RANCH, LLC WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract 31348, The Estates at Point Happy on November 16, 2004, and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement, and WHEREAS, failure by the subdivider to complete construction of the improvements by January 12, 2006, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the subdivider in default of the approved agreement, and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, the City Council of La Quinta does hereby find, determine, order and resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of improvements as required by the approved SIA is extended for a period of one year. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on January 12, 2007. If the subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the subdivider in default of the Agreement. 3 Resolution No. 2006- Amended Tract Map No. 31348, The Estates at Point Happy Adopted: March 21, 2006 Page 2 Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 st 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 r3 � U 1.0 2 PROJECT SITE..' ATTACHMENT 2 SHEET 1 OF 7 SHOETS Of THE CITY OF LA QVINTk COUNTY OF MVERSIDE, STATE OF CALIFORNN C T NO* 313,48AMENDED. TRA AT �. ° OFWn. AT AT THE KQ11EST OF lit OEM A SUMMS10N OF A PORTION OF SECTIONS 19 AND 30 OF CITY CLERK THE CRY OF V QWA TOWNSHIP S SOUTH, RANCE7 EAST, SAN_IIERWNINO SASE` 11 RlYERSIDE he �� an �ni*,4oLwcwT Mo.�7lco AND MERIDMVI, R£ OF of t'iN' oft NI1 a/ TIC • 1III yP� ec• De c4'MM bt ti �o Y tw Qp•Nf ]Tg 014yf ors OIt �N/NG�Jt a fotn{y� C f�+Z li fS I-7, of )t?<0- �Y W. COUNPrwopOER bOS/CO115l1LTNG MAY. 2005 CARY W. DOKICII LS.1693 NT /n.rframC171- 40. a7&VV-09$6f36 PlanOA ilY of :�tN OEPUTF BY: ;n TALE INSIIWiCE ax+PAFIr AT�NNExT SURVEYOR'S STMEMENT WEB—iE1REbY STATE THAT WE ARE THE OWNM OF THE LAM INCLUDED WITHIN THE SU90MS M I HEREBY STATE THAT I MI A UCENSED SURVEYOR OF THE STATE OF CKF MM AM THAT 9 MR1 HEREON: TINT WE ARE THE ONLY PERSONS W OSE CONSENT IS NECESSARY 70 PASS A THIS 'MOP WAS PREPARED WOER MY SUPERVISM THE AMENDMENTS SHOWN -HEREON KNE QL* TIRE TO SAID LEWD, THAT WE CONSEM TO THE MAKING AND RECORDING Or THIS TO NUMBERED LOTS 1, 6 THROUGH 11 INCLUSK. 23, 44 TMKXM 53 INCLUS144. 05 NO 04 SUBDMSION AS SHOW WITHIN THE DISTINCTIYE BORDER LINE. MID TO LETTERED LOTS A. C D. E, F. AND I. V* T NO. 31MC MA. 370/1-7. Pis N ymm HAS NO EFFE ON THE DIS�NMCTNE BORDER. DATE: 2005 WID �.; PH RANCH. LIMITED LABILITY COEAPANY L.S. 4693 EXP. B/30 os �4W., * BY: OL L R. MLKERSON It GINIIA Am NOTMCY Add1 WLVD0MEIR STATE OF CALFORWIA) SS. COUNTY OF RIVERSIDE) � ON '�`1 _ 2005, BEFORE ME. /M�M 1/�� N[.- j4A&JAIL, A NOTARY PUKIC. PERSONALLY APPEARED L . ALNl• al:t Y K NOMH TO ME OR PRAYED ON THE BASIS OF SATISFACTORY EVIDENCE. TO NE THE PERsp►(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN I6MUMEW AND A I(NOMIEDOED TO ME THAT HE/iHEJTFEY EXECUTED THE SAVE IN HIS/1ER/111M AUTHORIZED CAPACRY(ES), AND ftT BY INS/1!RIMEIR SIGNATURE(S) ON THE INSTRUMENT. THE PERSON(S� OR THE ENITTY UPON BEHALF OR WENCH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. TR INIESS IIY HAIO PLEASE PRINT Ri1ME: km1 A {I A&44 COMMISSION NUMBER. R. t°lERai'm MY COMMISSION Down— 100 PRIMCFX PLAM OF BUSNNESS: COUNTY POWMN FMIST FEDERAL WINK NM TM1ST, A C►LFORNIA CORPOMTION. BEN©FFICMRY UNDER DEEDS Or THIUST TIED MM JUNE 36. 2004 AS MTOA09 NO. 04-404544. NO SECOW 23, 20M AS ISTRCIiMEM NO. 3004-tit?" NO 2004-1020051 ALL OF OFFICIAL RECORDS. NO STATE Or CALEORIYL) SS COUNTY OF RIVERSIDE) ION M. BEFaIE r A Y Y TO ME OR MOM ON THE BIY313 OF SqWACTICIRY EYMENCE. TO E THE ) 040% NFLIE(S Is/AIE 7UBBli om TO THE mm IISTIWAJf f AND AC 004 TO ME MAT i_ltpC m TIE sw IN HMS HEAR AUTHORIZED CAPACTYTES). 15Y N SIHUV M 110MU�IHE BISM MQA', THE PERsmM. OR THE ORRY UPON BEWLF OR MNCN THE PERSOM(S) Ai:IFD, EXEC M THE INSTIIUMHT. 1 i a - a N *'l�TTTi CAIW y j MA RE oMgn514s: SEE SHEET 2 C" SURVEYOR'S STATEIIENT I HEREBY STATE THAT I NAYS VAA ED THE WrTM AMENDED MOP OF TRACT NO. 31348. CONSIST" OF 7 SHEETS AND I AM SATISFIED THAT SAID IMP 5 TECHNICALLY CORRECT. DATE: / �� _, 2005 EIWC A NF190N ►.LS. 3563 D(P. 9/30/05 5963 I $ ACT G CRY SURVEYOR OF CA1TE ��aCr CITY ETIGI gM MUM M I /HEREBY STATE TINT I NAPE EXAMNED THIS AMENDED MAP MO FOUND IT TO BE AN EXACT COPY OF THE ORDNML WP AS RECIDROM. EXCEPT FOR THE IIEMSIONS SHORN NIXON. WIND THIS MAP COMPLIES WITH THE "DAASION MAP ACT As R:OIRRED BY SECTION N646I, MCI 66472.T, OF THE W074 0IT COOS. DATE: n .2005 CmHY R. N .E. 45643 D(P. 12/31/06 CITY (7TY 01JIHTA CITY CI.EIMCS MUM M 1. JUNE S. VIIWK CITY CLERK AND EX-OMCIO CL MC Or AE CITY COUNCIL Or TFE CRY OF LA QUl & CJ1uPOINK HEREBY STATE THAT SAIDWP*421WArYEisvMltopM4jtlZT.QIIMtz12+R Lase e,toNcs Iht, 10-46. �o ow.. 4vm%' wi 12004 ��lPIPYi+R MIN weSiNll BATED: CRY CLERK AND [X-OFFICIO CLERK OF TIE CAP/ COUMM CRY Of LA OUINTA This map IS ieinq recor4cd 'p "end Reduced lv4- Size fczm 72 h 69 Pe' C;} r-d r►remenk5. L11 d4*iension6 - GhtET is Hof dimensions flr- 5}Drnl d lrni n and Adjtttl ed road Rtr fhe G4y NS rejVire men+-s. 0 M4 THE c" OF LA QuwA, COUNTY of RIVERSIDE, STATE of fi1l.IFORNIA SHEET 2 OF 7 %CM AMENDED TRACT ,NO. 31348 OEMA SUBUMrOM OF A PORTION OF SECTIONS 19 NO 30 TOWNSHIP 5 SOUTH. TWO 7 EAST, SAN SERNM M MM AND MMDYW, RECOROS OF WERSIDE COUNTY, CJIL.IFORNK CITY of LA Qt11NTA Plan Set No, 0501 `( Mios CONSULTING MAY, 2005 GAR( W. OOKICH LS.4823 SIOMMflAIE OMMSSIONs P1RIMWT To SECT 064M OF THE SUM" MAP ACT, THE SIC1M1M OF THE Fa1awRll; MM OF EA9oMONTS AND/OR OTTER LATER STS HAVE BEEN WTTED. IiERMg ONS WMED N TIE PAW FROM THE UMTED STALES, SUNW TC ANY VESTED NO MTER MOMS FOR M9MIG, AGRICUUTAIE, MMNIFACTU M10 OR OY ER PURPOSES, AND MM TO gPCHES AID RESOl�MM USED N COINECIIOM W" SUCH MTOR MOWS AS MAY 9E MMOGNM NO AMOWLEDG ETD MY THE LOCAL CUSPWS. LAMS ARID DECWIS OF COLITIS. NO A WIT OF MGM OF MY FOR LATCHES OR CAMAS COIISRMICIED 9Y AUIHOWN OF TIME MM STA M RECORDED JLILY 31905 INBOOK 3 PAGE 226, OF PAWS, AND IIOVEIMER 16, 1915 INOO ROOK 7 RGE 79. OF PMEM AN FASOENT FOR WOHMMY SLOPE, AND NICWffAL PURPOSES, N FAVOR OF THE STATE OF CALRO M N INSTRUEW RECORDED OCT09ER 3, 1969 AS 1NSTRUENT NO. M404 OF OFFICIAL A WO N FAVOR OF THE STATE OF CNFORMA OF ANY CLNM FOR DAMAGES TO SAD LAND 9Y REASON OF LACAIDN. OM1S111U(910M. LMVSCNNC OR MAMIMWM OF TFE STATE HMHMIY OR FRFEMY CONTIMUS A MM. AS CONTANED N THE DEED RECORDED OCTO9ER 3, I M9 4 INSTRUMENT NO. 9S404 OF GFTRXAL RECORDS. AN EASE f FOR AND 90CIDEMAL PURPOSES, N FAVOR OF DAID C. MID AND 9019E A RED, I UMM AND TREE AS JONR 19W(M RECORDED DECE1W 11. 1972 AS NSRKWIT NO. 163534 OF OFFICIAL RECORDS. THE WMRS CORMNEO N AFI M MAEHT DIRTIED OIMAIF OF ACCESS EASEMW AID CERIA& WANK MOM am oft M 1/T9 9Y MO ETfIEEtI FML R. IOEIMIAHI NO URN)& D. NIERNMI NO AMMAN SAMM A CAAOMM COMPWA OK UPON THE TETRAS AM IbMMIS AO CM)W4TS Tt M PROD, 1MIY I F1, WY A 1979 M MUM NO. tOJM33 OF OrFXK RECORDS. AN E450 M FOR THE MDR TO USE, WANRAN MO REPAIR AND "AT OTTERS TO USE AT MY TWE AND FROM THE TO TIME A M7NDMNY, NO 91CMIMAL PURPOSES, N FAVOR OR FORK NAPPY CENTER, A QMMt PARY MIP, N INS RUMM RECORDED HIOVEAMER 27. 1979 AS WS MMW NO. 251003 MO RE -RECORDED FEM ARY 9, TRIO AS MSTRUMIT MD. 26M OF OFTM RECORD6. THE WTIERS CMAANED IN M 9LSMJ MERIT ENTMED E46EMEW AGREEMENT, DATED JANUARY. 1201, 9Y AND KN EN EARL NOE W" ARID PM& N. FILM UPON THE TETLMS AND CWM WIM AO COVEIYNITS TEENER PROVIDED. RECORDED JMRMRY 31, 1"1 AS PSWAR%M MD. 036542 OF OFFR]IL RECORDS. A NON-DCJJSK E43DEW FOR NOWSS NO EGRESS 01CLU091G M4IWOUT UWATON OMMESS AND EGRESS FOR AUMMOMLES. liAXM PEDESTRIANS MO EOIAPMEM) AND UYRIIES AND OWNTAL PURPOSES, N DEED RECORDED JULY 15, 2003 AS WSTRUMETIT NO. 2003-523014 OF OFFICNL RECORDS. MY THE CfTY OF LA QUMYTA, CO(MM OF RNERSIOE, STATE OF CALIFORHN SHEET 3 OF 7 SHEETS AMENDED TRACT NO. 31348 ITYofLACUINTA Q A SUBDMSMOK OF A PORTION OF SE 18 AND 30, fi Plan Set No. TnMAdSHIP 5 Sm"rk RANGE 7 EAST. SM BERN BASE AND MERIDM, RECORDS OF RN'ERSIOE COUNTY, M FORMA ©S01 MOS NONSIUCTING MAY. 20013 GARY W. D09aCH L.S.4 093 PAR 2� 7r P.A1 B.: 28_130I Ill r olv4Ls dr 4M wuL Mow.. \ _ STAMPED 'Cx. ON. MN. M20.95 fu to >.M/97-M & Pill 1n/2e-30. Jill 1 1 1q�•1r REC. 4 ! - f BI1tlM 01P N1ELL MOM., j I Mwa Gr PMIB 1a ao — t�q�n eq r wWtn -K RECORD DATA TABLE FOR %—1111A1' TRACT 22906 M.B. 210/9-12 ,r NO. BF/JtMC DISTANCE 1 N 24'06'25W 191.64' .' - � M 345'35W 98.33' PARCEL.. MAP �ID026 ` N 51'43'51`E 126.67' �p ;� '•`; P.jV(.B• -124/47_40 �`\ TRACT ND. 22006 M.B, 2-ID/0-i2 i FD. NML ! TM, LS. 3018 FLUSH /4 HOCK. PER M.B. 210/9-12 -?NO/ ftS A•s+�c9:r No. a r lP.. T N9O00.00'E 111 FD. r LP. W/PLASIIC MJX LS. 3016, FLUSH M ROCK PER M.B. 210/9-12 FD. ► & t 11M wMASTIC PLUG R.C.E. 11642, FLUSH M ROCK, IN U@N OF 1' IP. L.S. 3018 PER M.B. 21OA-12 FD. 1' LP. Ill Ill � TRACT N0. 0847 LS. 2344. FUISK �q M.B. 100/66-7�1 PER ra z1o/9 1z R� t R.S. 40/70 �I NOTES - - ✓ • — ** AW$ FOUND MOMNMAENTS AS NOTED. I O — INDICATES SET 1' LP. TAGGED L.S. 4693. FLUSH UNLESS 07icRMSE N0l 1' SIGN NPE TA M L.S. 403, FLUSH; OR SWE A MA910; OR LEAD TACK TAMED L.S. 403 IN CONCRETE TO OE SET AT ALL LOT OONM* OR E LOT COR 0 FANS ON fAM OF GAD, LEAD MID TACK TAMM L.S. 4*3 M TO► OF CtO ON A 0.25' OFFSET, TO E SET AT ALL FRONT LOT COMMETLS, DUPT AT Ill E.C.S, i P.R.C.S TWUT ABUT A ST19U WHO ARE NOT LOT COMM MMNMC SLOE LOT UIIM AID TO SE SET AT ALL COMWA NE WERSEC11ONS, Ill E.C.S AM ALL 07148IL Cf]AE7 w PON of CONTROL, UNLESS ITTT*11m Ill i ALL MCNIUMENTS **MM 'SET' 94ALL SE SET M ACCORDANCE VITA THE MpARAENTATLON AGREEMENT FOR TANS MAP. UNLESS OD ERMISE MOTFO. 1 = IONCAIEE IECOIID DATA PER TMMACT MD. 2117 MB. 40/11-93, UNLESS MWENINK Ill < > - MdCATE S KID= DATA PER TRACT NO. 2043 Ill 41/6-7, UNLESS OMIERMSE NOTED. [ ] - IDICATLS REM DATA PER P.M. 1110211 P.M.B. 124/47-49, UNLESS OTHERNISf NOTED - TM TRACT MAP CONTAINS 70 NUMI ERIED LOTS (SEE NONE) MID 11 LETTERED LOTS. TINS TRACT MAP CONTA04S 36.20 ACRES. JM- LOTS 4. IL ALTO 48 HAVE BEEN REMOVED FOR REM*ON &AM KWAl NEXY MATED WAN" 94i91N LOTS HAVE KEN OESMfiIll AS LETIM LOTS. SAM OF DEARMIGS 71E BEMMNCS SFIOVI4 HF3EON ARE BASED ON THE CENTE1kDE OF NOMY /11 SETIEEN STA. 966+41.96 NO STA. 976+30.94 AS SHOMM BY PARCEL MAP FILED M BOOK 197. PAGES 26 "OUGH 30, IN 714E OFnCE OF THE COUNTY RECORDER OF RIAERSIOE COUNTY. CALIFORNIA. BEING NORTH 82"36'17' HEST. / r/ .RFD. !K. ! w_ is 3749, FUN, ACC. A6 9R. mw. Ill t $. LINE. P" t72/21-27 a im 199/32 191.85 � 9 31. 25 i 124123 22 1 21 ! 20 191 181 17 i 161 15 ! 14 13 VE 2�.21' 3'E 70.19' 40 " 26 1281129'; 30131 32 12 1 41 t------- 4NW22,� 42 127 11 LOT E 39 38, 37'I36 f 35 j 34 -3 10— s 43 73 ----- 44 mlircAB 45 i 2' 3 4 5r1 6 I 1 7� LOT J 'WE _pTlM° Ill � (lrri w OT F LDS. 4N3'• `--46 ( w9r4e E _ 191, 49 wr1wr I 9r 991PPr w 00. 3/f LP.. LS 4489, PlUlN, 7 All At via091IIOt TIL 11143,"41/7 -...., LOT LOT K I --; - 1.42' i A1M IiarTR�icTMOMO Pa —' ( L 1 �, 5 - p� 4 I j Mw ,4•E I 17 J ( W 3043. rI 41/7 A — — 53 21 14 El �3'45E 2 SHEET a �9EFMEET M40. N9 54_ A1x 1 All Ill 1 ( SCALE r-200 55 ( --- s TRACT N0. 2043 I ( 56 416-7--- 1 ( 0 — Pa~irt v: 10 tire. NWBN. ---t 58 i Acc w: >µcT ao Ptx Ill ice, os �_-- all � 72 59 �I 73 --71 70 ! 6169 1 - 68_ - 62 x \ � 30111 ED FD. NOW" E'AA19 Br MF., SET r I.P. L.S. 4m 67 .. 639 1 - =--- ' LINE. 64 4a Will LP. 10 w, mw I ! — In Rs. 66 Acc 65 'zli7 Ill 409.48 ,, �(N89_29'45f 752.20, 1 T' H0 4 L - - TRACT N0. 2tT7 - MS. 40/81-83 i .,-- _ 7 j_ v , 0 0 100 Zoe 440 640 ON r\4��-a,a4��su.wrc a�-ts-os 1 8 IN THE CITY OF LA QUINTA. COUNTY OF RIVERSIDE. STATE OF CNJFO W SHEET 4 OF 7 SHEETS AMENDED TRACT NO, 31348 �: -ITY LA UJIN 7 7s NO 10c- aa00 TIAT LOTS W Not SWO N NACWAti gMM aEMM LOTS a Iwo sI NNd KEN BEING A SUBOM9ION OF A PORTION OF SECTIONS 19 AND 30, TONIN%W 5 SOUTH, RII a 7 EAST, SAN BERNARONrO B11SE of - Plan Set No. A WKD FOR ALOE M PIAIPOSES• AND MERIDIAN, RECORDS OF RIVERSIDE COUNTY, C& FORNIA ©$ o r T ITS MOS CONSULTING MAY, 2005 GARY W. DQULCH t..s.4493 1❑- NOOUS A 10.00 FOOT EASOADA FOR CURVE TABLE KWE UIMM PURPOSES DEDIGITEO19 a KLU W&A aC LGT _ m- TO CSMaTAl10N 2 a 1wer 3 i'SYW 31 it 46SY 17AV an �EASEIdOfT PURPOSES AND / TO AE COY OF IA OUMITA FOR PIAAUC i 5 17 *lr OW "Aw UTM3fY MP08ES, alalEss MID EONE55 - 6 7YP4f 30da' VOr OF SOMM NO DIE GDOCY 1EF1(XES. 7 14*WHI It329' IKIV Fi Q- NDICANS A 10.00 FOOT EASEMENT FOR I 16.3rw 9 17'N'3r 2l4SF asw >!lX RX a^, ^ PU4ILIC UTILITY PUAPCSES DEDICATED TO CITY a LAQIANTA M 1'Sa'N' 294.7F' >ti2' PARCEL MAP J02B n 78wer my 33.36' Q- INDICATES A 20.00 FCOT MATE P.M.B. - 24/47-40 1¢ t3'3 Ir 3" 9W DAWN" EASOM AS SHONN HEREON. 13 17.49•Y' 3XW 11624' i SEE 3EiT 3 FOR SLW&'10R'S DIES 40 PSIS OF FD. 3(Y I.P., NO TAG, OIL FD. C I.P., TAG ILlEDGGLL DN O.Y, N LIEU a 3/4' I.P. PER P.1A.6. 124/47-49. SEAMED FD. ON, ACC. AS 314' I.P. PER �--,�- N89.27'WE 786.82' MA 124/47-0 ►aw, 9•E 3.80' 73.80, 94.25' �^ 15 20 19 1e 17 16_ ; g N i g IY,1� 14.37' ,� a^ YI L-47.35' /b x' t _ —73.95' _ 73.96' A�7 5J 44 <�t 188 48' n o dzp FD. SPK & W&C , AM 20101, � 44• ON, O.Y, N LIEU OF 3/f I.P. >>� PER PHA. 124/47-41. W IV 'kir�r• g 4� t was mDr 3OSET 4 ''" Nam apM M J o tW451 —_ LOT A 11a At N854519'E 1e8 "ran fIa[a 1 q `` E NgS45'19'E 1 �, q 70.11 ze.24'_A�s �0,�d��\�� _70.11. _ — �. ►=19.4415C L-40.85' LOT 27 28 29 30 31 32 4 37' „>yesr�c+_ Lu ff t:D NW40.1-CE 140.42' AIM SCALE 1-_�, _ 1e.r 1a.s' a=oD3'2S 7MCE z = n I L-O.lr ° 1 N I� N /D. now.. `- 770 00 538.49 70.00' 112.51' 11 b 71.50' 71.50' e7.94' in 1 I a 37' l� 14RI4 E� fa i > 33' I 18.5• SEE oEs m+ECT NO.7 '� ; 34 1= = w1R. ; No 37 36 35 =1 g 11a I >— "a IN Ne9'7_9_3� E 1 os • MWC1,rE 145.73' 44. 73'- - — — — L=71.54_ L=71178'� 6 21� IyD NB6'26_24'EJ — — s2 I AFD Nes�T33' • k �, " -- $ � °► — — 6�7' 2e' 09' ►=s ze• e �, N �' PCC « � wlatC war 10T B d�T 52' 1 R=1181. 50' L:361. 53' ! .,, le7i,_ I R-1 L�i74. 30' ��'I ' 911 �L, M r a PWA1t i 6=1T 52' 1Y . .00' ^ IA At 8 1r 5 VIVA �\ — A=1T 22' 2Y R=1218. 50' Lgi69. 49' 12=-• =1 — 6 14• 2 13'z L'a12 jE1 ASS �' 11t N7 LOT J I= a 15 JO� �1YR M�)j Nwg CI PD. IAOUMIINT 1t ^ 1.00 1V= ■ f 2 3 4 m 5 6 Nao1'S1Yw ! Y 21.97' h i •$ 1�0. w 68.50' 50' I 106.82' .� T LOT A N08'48.4i ,rE 335.28' I h lie AL ' SEE SHEET NO. 6 I a \ ♦ � X LOT F �.i1 At 49 -TRACT NO. 2D43 I - �¢li M4-YO-7 D won f Y .B. 24 26 LOT t - $ w L14 r- F 2-3I I �, LOT I µ. r ; Z �! 50 Ve 1C. I I i xL tIe/4a14'E IS6.00' id1 I Nag2a WE %. 22 F� own J, ' 30, 17 30 I ' 3a g a 2�1 20 12 I � I\ $ , 52 0 25 50 too 150 m sFiwclfn, FO Iq!!ONC• ' d • d i I SEE SF4EET NO. 5 3 I fEC 13E7A11yS14EET MO. 7 I = w — — — — — �s w-asps M�� IN THE CRY OF EA OUWTA. COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 5 OF 7 SHEETS AMENDED TRACT NO, 31348 CITY of LA QUINTA KW A SUl1WM!jI0N OF A PORTION OF SECTIONS 19 AND * TOWNSHIP 5 SOUTH, RANGE 7 BAST, SAN o WASE Plan Sleet No. AND IAER M, RECORDS OF RNMIX OMM, CNJFM A oso (Y Las CONSULTING JUNE. 2004 GARY W. OOKICH L-S.4693 47. MO 496 - NDICATM TENT IfM AW 110t li10MM N NVARCAI Mum ` F1DIt AlE1B11lN1 MII�'S. *26' 4 NST2rWE 796.82' �- ( 0 1 �'T '$ 1 1 o. 1 1 ip 25 z N 5036'W W 31.92' \\ N WOCO2' W 3Q.65' N 0.00'00'E �• w �' .. 31.63' 70.54' 73.80' 73.90' 73.80. 73.50' 7 3.80' 73.8151 \ _ t o ~ 8 p 24 23 22 21 20 19 18 17 qq b }� 1 3 � O�y'b �i�. o z ��8 d=1•u'fd' I�n� li�� 27.92' � N89 WW EE 138.77' 37.05' -7 17e 31 8' 7 03Cr� 8 4� d 3 z L-47. 6l- - �n0 . N89'o0'oa•E o _ Ia0.81' LOT A d-10' 28' 3T. R.e00 w. , -- g2• . =T 18'02' L-74.09 d-4 t1'.- 2521 4 to D •"a t)a r �a N8522'3dE . _ 42.81' I '' '00'00"W g d-iS41' 11081.50' L-139.24' --"''- 15.00'*tWO0'O'E 71.61 1J6AC. R�soo. DO' �L-1,13, 6_67'-„iNS-- - - --- 8 I w L�9'S9' � 48. 0 -iS 43' 11' R-618. 50, L-148T. 10' // w L-43. 1j '1� - d� 30' 3 A -or 'll, Yw� 1" 0.5' �§1 ��1�$�1 L=70.zr - i-50'03' IN1'00'OUW 21.60' 26 ^ g:I b R ^ N89'OO'00' 3.79' E g m SSE ; 27 ti a� ; 28 zl ; 29 = 30 0�� e g-7b74. µ \' 41 � ' 11T•^r n 1j �7g590!E =.nivvm'r 5M.49'-`1'--+. 73 v� I" At wo vw ED- ta716M AA loco RIOT EA9EMM FIX IFTIMa WSAGARON 81SINCI. ®- E16 IM M C.V.RA. FOR WAM M; M41ER NO MIAMI 1UMOaES " TO M CRY OF lA 01WA FOR AMX IR4LRY P1/R06ES. tCRE95 NO EGRESS OF SERNCE NO E1E318m 11E4CLFS. Os � �' m CITY OF LA QLAW p4 - WCARS A PONE Mess No E9 M EllsEd 9 AS S M HEREON. p- 11101CAIES A IdANIS MN FRNMTE aMIAM 1,w DWK NO 11MN1910ICE EASEriE14T AS s m Immm. ®- 1101CJ11E5 A FRAMIE 811*409 • UIMI,1ME. NO MM 91010E MEElEIR AS SHOWN NEIEON. 3ff Mr 3 FOR SUMEffin 11M AM VM OF IGYM 0 CURVE TABLE N KLTA Nm Mx L6T 1 7'ww am Nt.7w 2 13 0 - tt.'Jt' 3"T 3 3r47V X* 19d4' 4 fir"' 34.71' 37Jr s grow 24.a1' 3a.4r 6 1r49V IKW SL44' 7 17'49lr 2EX 67.95' 8 lr4"r 2MX 67JI9' 9 1rww SIM Mal 0 0.15 9'3r ti31' 3Mr a r494r 03V 17V 2 ah4xr 4sw mw 0 0 54911 3M.31' 92.77' 14 913079 SW AM' 15 2!' rr as 9t.71' 16 r54'S6' *s ur 17 21*2e'ar 3M 14.7f' 0 46'1r4r " N171• 19 91tY1184' 311,511, 6LI5' to u'alrat' t4J11' rlr es r1ww am a& at Maw 1423r sm 23 27'1191Y 95M 3W 24 2rM'a4' am Sur 25 2r4r3r 147.Sr KW 86 zrwv ON HAY n 2r4r37' AN Sur as a6vw 45J1r &V 29 w3619' " 36o 31 M32 911a1' 4a9' 31 wR'.'Y' 9111I4Y VA415' 3? romr am ow 33 e4PW ML71 Bar 34 14'CTR' 11cS1 aL90' 35 1449'44' 143M 37J4' 36 N'CYII' I25d1' RN 37 14'4YH' MW 39Z 38 14*nr 143S 362r J � SCALE 1--50' 11 41 � - I� 1 x 39 ^ 38 " 37 NN'M'KE 154.at' � I 1871 I� � WI I V. �11J Z }n9 YI I S _ g '�; s b1 2 8 SF 11 43 �\ % : S ; S PS' i 1E LL#.57' L z 2I tv �� 16: 44' 40 1-T 29' 44' L-71. 8J' z :pr It d-T 29' 00' s• 1 00,07E 1 A 00,01EE 33'� �' 11 .54•I d-1752.1 R-11 bl A•1T52'17' R-1 I I z l e.10' 1' 3 ' 17-22-2 /`'R-121) 44 FRc ��• ) �r 01's1 e� u' w L �. 72' Np458_46E I i c 1 \ _ 9 NOT00' E 1 .90 1a ��i It Na213'3A E �gj `4 R10-� i ?I zl 8z n 1` 45 4;1 r <`% <� 4�i a2.78' 68.51 47.55' .?\�• NW44' E 178,85. 46 '� A-W17•W z YL d-11'40OI ti R-215.W 4 R-181.50" !� L-77.3r 494 23.5' I N8r00'Off E 206.40' L=36.97' 4 70tr E o 1, -1 44'44'E 146.8r 9R d-14'24'2r 0 11 47* LR-70.81' I R-218.50' 1 L-54.94' cCn^ 24.4'11 N89.00.00'E 207.18' a .F67 v n NW4.4'44'E 140,00' ?S 29.08' \� \- LOT K n L41 AL �J''�'+frw \' �� 1I1■Q1M Msl �-'-i _ � _ . I S 1 '= 44'44' 1 .00' Ilk 73 82 R-143.50 i{31 AC \\ ® L-29.13' \\ / 44'44' 14. ' MQI 11ACE V. --- \ 0 25 50 100 ISO 200 \ ®-6.2.91'11' NT63r2YW ® Rs14350 - N7S4a05W L-7.15' d-14.4r44' R-106.50' S3 r 18 �i L-27.56 10' 4.11,E 1 .03, is fF4EiT NO. 6 36 A 35 L-71.54' 4 - _ Y41' 1 1.50' L-3aa. + 200.00' L-374.31r + a. so' L- M. 41.0 + - Md 13' 20• _ 1 Is 4 z ` #W4W44'E M-2r-"- Fk 314" It, IS 44i8 Rt73N ACC.�AS Ri1LT CORNER F4'R 1R 7a4.1, 9L9. 41/a-7 ..,. 23 TRACT NO. 2043 MB. 41/6-7 22 \: r-- 21 m Vr Lr.. No MG -ADC. K **a OORIER F9t TR. 21143. NJ. 41/4-7 314 I.P.. LS 4420, IRM AS Iwo C1>f1ti11 PER W.1 IM 41/6-7 r�M-eaac n- -as 2521 4 to D •"a t)a r �a N8522'3dE . _ 42.81' I '' '00'00"W g d-iS41' 11081.50' L-139.24' --"''- 15.00'*tWO0'O'E 71.61 1J6AC. R�soo. DO' �L-1,13, 6_67'-„iNS-- - - --- 8 I w L�9'S9' � 48. 0 -iS 43' 11' R-618. 50, L-148T. 10' // w L-43. 1j '1� - d� 30' 3 A -or 'll, Yw� 1" 0.5' �§1 ��1�$�1 L=70.zr - i-50'03' IN1'00'OUW 21.60' 26 ^ g:I b R ^ N89'OO'00' 3.79' E g m SSE ; 27 ti a� ; 28 zl ; 29 = 30 0�� e g-7b74. µ \' 41 � ' 11T•^r n 1j �7g590!E =.nivvm'r 5M.49'-`1'--+. 73 v� I" At wo vw ED- ta716M AA loco RIOT EA9EMM FIX IFTIMa WSAGARON 81SINCI. ®- E16 IM M C.V.RA. FOR WAM M; M41ER NO MIAMI 1UMOaES " TO M CRY OF lA 01WA FOR AMX IR4LRY P1/R06ES. tCRE95 NO EGRESS OF SERNCE NO E1E318m 11E4CLFS. Os � �' m CITY OF LA QLAW p4 - WCARS A PONE Mess No E9 M EllsEd 9 AS S M HEREON. p- 11101CAIES A IdANIS MN FRNMTE aMIAM 1,w DWK NO 11MN1910ICE EASEriE14T AS s m Immm. ®- 1101CJ11E5 A FRAMIE 811*409 • UIMI,1ME. NO MM 91010E MEElEIR AS SHOWN NEIEON. 3ff Mr 3 FOR SUMEffin 11M AM VM OF IGYM 0 CURVE TABLE N KLTA Nm Mx L6T 1 7'ww am Nt.7w 2 13 0 - tt.'Jt' 3"T 3 3r47V X* 19d4' 4 fir"' 34.71' 37Jr s grow 24.a1' 3a.4r 6 1r49V IKW SL44' 7 17'49lr 2EX 67.95' 8 lr4"r 2MX 67JI9' 9 1rww SIM Mal 0 0.15 9'3r ti31' 3Mr a r494r 03V 17V 2 ah4xr 4sw mw 0 0 54911 3M.31' 92.77' 14 913079 SW AM' 15 2!' rr as 9t.71' 16 r54'S6' *s ur 17 21*2e'ar 3M 14.7f' 0 46'1r4r " N171• 19 91tY1184' 311,511, 6LI5' to u'alrat' t4J11' rlr es r1ww am a& at Maw 1423r sm 23 27'1191Y 95M 3W 24 2rM'a4' am Sur 25 2r4r3r 147.Sr KW 86 zrwv ON HAY n 2r4r37' AN Sur as a6vw 45J1r &V 29 w3619' " 36o 31 M32 911a1' 4a9' 31 wR'.'Y' 9111I4Y VA415' 3? romr am ow 33 e4PW ML71 Bar 34 14'CTR' 11cS1 aL90' 35 1449'44' 143M 37J4' 36 N'CYII' I25d1' RN 37 14'4YH' MW 39Z 38 14*nr 143S 362r J � SCALE 1--50' 11 41 � - I� 1 x 39 ^ 38 " 37 NN'M'KE 154.at' � I 1871 I� � WI I V. �11J Z }n9 YI I S _ g '�; s b1 2 8 SF 11 43 �\ % : S ; S PS' i 1E LL#.57' L z 2I tv �� 16: 44' 40 1-T 29' 44' L-71. 8J' z :pr It d-T 29' 00' s• 1 00,07E 1 A 00,01EE 33'� �' 11 .54•I d-1752.1 R-11 bl A•1T52'17' R-1 I I z l e.10' 1' 3 ' 17-22-2 /`'R-121) 44 FRc ��• ) �r 01's1 e� u' w L �. 72' Np458_46E I i c 1 \ _ 9 NOT00' E 1 .90 1a ��i It Na213'3A E �gj `4 R10-� i ?I zl 8z n 1` 45 4;1 r <`% <� 4�i a2.78' 68.51 47.55' .?\�• NW44' E 178,85. 46 '� A-W17•W z YL d-11'40OI ti R-215.W 4 R-181.50" !� L-77.3r 494 23.5' I N8r00'Off E 206.40' L=36.97' 4 70tr E o 1, -1 44'44'E 146.8r 9R d-14'24'2r 0 11 47* LR-70.81' I R-218.50' 1 L-54.94' cCn^ 24.4'11 N89.00.00'E 207.18' a .F67 v n NW4.4'44'E 140,00' ?S 29.08' \� \- LOT K n L41 AL �J''�'+frw \' �� 1I1■Q1M Msl �-'-i _ � _ . I S 1 '= 44'44' 1 .00' Ilk 73 82 R-143.50 i{31 AC \\ ® L-29.13' \\ / 44'44' 14. ' MQI 11ACE V. --- \ 0 25 50 100 ISO 200 \ ®-6.2.91'11' NT63r2YW ® Rs14350 - N7S4a05W L-7.15' d-14.4r44' R-106.50' S3 r 18 �i L-27.56 10' 4.11,E 1 .03, is fF4EiT NO. 6 36 A 35 L-71.54' 4 - _ Y41' 1 1.50' L-3aa. + 200.00' L-374.31r + a. so' L- M. 41.0 + - Md 13' 20• _ 1 Is 4 z ` #W4W44'E M-2r-"- Fk 314" It, IS 44i8 Rt73N ACC.�AS Ri1LT CORNER F4'R 1R 7a4.1, 9L9. 41/a-7 ..,. 23 TRACT NO. 2043 MB. 41/6-7 22 \: r-- 21 m Vr Lr.. No MG -ADC. K **a OORIER F9t TR. 21143. NJ. 41/4-7 314 I.P.. LS 4420, IRM AS Iwo C1>f1ti11 PER W.1 IM 41/6-7 r�M-eaac n- -as I '' '00'00"W g d-iS41' 11081.50' L-139.24' --"''- 15.00'*tWO0'O'E 71.61 1J6AC. R�soo. DO' �L-1,13, 6_67'-„iNS-- - - --- 8 I w L�9'S9' � 48. 0 -iS 43' 11' R-618. 50, L-148T. 10' // w L-43. 1j '1� - d� 30' 3 A -or 'll, Yw� 1" 0.5' �§1 ��1�$�1 L=70.zr - i-50'03' IN1'00'OUW 21.60' 26 ^ g:I b R ^ N89'OO'00' 3.79' E g m SSE ; 27 ti a� ; 28 zl ; 29 = 30 0�� e g-7b74. µ \' 41 � ' 11T•^r n 1j �7g590!E =.nivvm'r 5M.49'-`1'--+. 73 v� I" At wo vw ED- ta716M AA loco RIOT EA9EMM FIX IFTIMa WSAGARON 81SINCI. ®- E16 IM M C.V.RA. FOR WAM M; M41ER NO MIAMI 1UMOaES " TO M CRY OF lA 01WA FOR AMX IR4LRY P1/R06ES. tCRE95 NO EGRESS OF SERNCE NO E1E318m 11E4CLFS. Os � �' m CITY OF LA QLAW p4 - WCARS A PONE Mess No E9 M EllsEd 9 AS S M HEREON. p- 11101CAIES A IdANIS MN FRNMTE aMIAM 1,w DWK NO 11MN1910ICE EASEriE14T AS s m Immm. ®- 1101CJ11E5 A FRAMIE 811*409 • UIMI,1ME. NO MM 91010E MEElEIR AS SHOWN NEIEON. 3ff Mr 3 FOR SUMEffin 11M AM VM OF IGYM 0 CURVE TABLE N KLTA Nm Mx L6T 1 7'ww am Nt.7w 2 13 0 - tt.'Jt' 3"T 3 3r47V X* 19d4' 4 fir"' 34.71' 37Jr s grow 24.a1' 3a.4r 6 1r49V IKW SL44' 7 17'49lr 2EX 67.95' 8 lr4"r 2MX 67JI9' 9 1rww SIM Mal 0 0.15 9'3r ti31' 3Mr a r494r 03V 17V 2 ah4xr 4sw mw 0 0 54911 3M.31' 92.77' 14 913079 SW AM' 15 2!' rr as 9t.71' 16 r54'S6' *s ur 17 21*2e'ar 3M 14.7f' 0 46'1r4r " N171• 19 91tY1184' 311,511, 6LI5' to u'alrat' t4J11' rlr es r1ww am a& at Maw 1423r sm 23 27'1191Y 95M 3W 24 2rM'a4' am Sur 25 2r4r3r 147.Sr KW 86 zrwv ON HAY n 2r4r37' AN Sur as a6vw 45J1r &V 29 w3619' " 36o 31 M32 911a1' 4a9' 31 wR'.'Y' 9111I4Y VA415' 3? romr am ow 33 e4PW ML71 Bar 34 14'CTR' 11cS1 aL90' 35 1449'44' 143M 37J4' 36 N'CYII' I25d1' RN 37 14'4YH' MW 39Z 38 14*nr 143S 362r J � SCALE 1--50' 11 41 � - I� 1 x 39 ^ 38 " 37 NN'M'KE 154.at' � I 1871 I� � WI I V. �11J Z }n9 YI I S _ g '�; s b1 2 8 SF 11 43 �\ % : S ; S PS' i 1E LL#.57' L z 2I tv �� 16: 44' 40 1-T 29' 44' L-71. 8J' z :pr It d-T 29' 00' s• 1 00,07E 1 A 00,01EE 33'� �' 11 .54•I d-1752.1 R-11 bl A•1T52'17' R-1 I I z l e.10' 1' 3 ' 17-22-2 /`'R-121) 44 FRc ��• ) �r 01's1 e� u' w L �. 72' Np458_46E I i c 1 \ _ 9 NOT00' E 1 .90 1a ��i It Na213'3A E �gj `4 R10-� i ?I zl 8z n 1` 45 4;1 r <`% <� 4�i a2.78' 68.51 47.55' .?\�• NW44' E 178,85. 46 '� A-W17•W z YL d-11'40OI ti R-215.W 4 R-181.50" !� L-77.3r 494 23.5' I N8r00'Off E 206.40' L=36.97' 4 70tr E o 1, -1 44'44'E 146.8r 9R d-14'24'2r 0 11 47* LR-70.81' I R-218.50' 1 L-54.94' cCn^ 24.4'11 N89.00.00'E 207.18' a .F67 v n NW4.4'44'E 140,00' ?S 29.08' \� \- LOT K n L41 AL �J''�'+frw \' �� 1I1■Q1M Msl �-'-i _ � _ . I S 1 '= 44'44' 1 .00' Ilk 73 82 R-143.50 i{31 AC \\ ® L-29.13' \\ / 44'44' 14. ' MQI 11ACE V. --- \ 0 25 50 100 ISO 200 \ ®-6.2.91'11' NT63r2YW ® Rs14350 - N7S4a05W L-7.15' d-14.4r44' R-106.50' S3 r 18 �i L-27.56 10' 4.11,E 1 .03, is fF4EiT NO. 6 36 A 35 L-71.54' 4 - _ Y41' 1 1.50' L-3aa. + 200.00' L-374.31r + a. so' L- M. 41.0 + - Md 13' 20• _ 1 Is 4 z ` #W4W44'E M-2r-"- Fk 314" It, IS 44i8 Rt73N ACC.�AS Ri1LT CORNER F4'R 1R 7a4.1, 9L9. 41/a-7 ..,. 23 TRACT NO. 2043 MB. 41/6-7 22 \: r-- 21 m Vr Lr.. No MG -ADC. K **a OORIER F9t TR. 21143. NJ. 41/4-7 314 I.P.. LS 4420, IRM AS Iwo C1>f1ti11 PER W.1 IM 41/6-7 r�M-eaac n- -as 73 v� I" At wo vw ED- ta716M AA loco RIOT EA9EMM FIX IFTIMa WSAGARON 81SINCI. ®- E16 IM M C.V.RA. FOR WAM M; M41ER NO MIAMI 1UMOaES " TO M CRY OF lA 01WA FOR AMX IR4LRY P1/R06ES. tCRE95 NO EGRESS OF SERNCE NO E1E318m 11E4CLFS. Os � �' m CITY OF LA QLAW p4 - WCARS A PONE Mess No E9 M EllsEd 9 AS S M HEREON. p- 11101CAIES A IdANIS MN FRNMTE aMIAM 1,w DWK NO 11MN1910ICE EASEriE14T AS s m Immm. ®- 1101CJ11E5 A FRAMIE 811*409 • UIMI,1ME. 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LS 4420, IRM AS Iwo C1>f1ti11 PER W.1 IM 41/6-7 r�M-eaac n- -as J � SCALE 1--50' 11 41 � - I� 1 x 39 ^ 38 " 37 NN'M'KE 154.at' � I 1871 I� � WI I V. �11J Z }n9 YI I S _ g '�; s b1 2 8 SF 11 43 �\ % : S ; S PS' i 1E LL#.57' L z 2I tv �� 16: 44' 40 1-T 29' 44' L-71. 8J' z :pr It d-T 29' 00' s• 1 00,07E 1 A 00,01EE 33'� �' 11 .54•I d-1752.1 R-11 bl A•1T52'17' R-1 I I z l e.10' 1' 3 ' 17-22-2 /`'R-121) 44 FRc ��• ) �r 01's1 e� u' w L �. 72' Np458_46E I i c 1 \ _ 9 NOT00' E 1 .90 1a ��i It Na213'3A E �gj `4 R10-� i ?I zl 8z n 1` 45 4;1 r <`% <� 4�i a2.78' 68.51 47.55' .?\�• NW44' E 178,85. 46 '� A-W17•W z YL d-11'40OI ti R-215.W 4 R-181.50" !� L-77.3r 494 23.5' I N8r00'Off E 206.40' L=36.97' 4 70tr E o 1, -1 44'44'E 146.8r 9R d-14'24'2r 0 11 47* LR-70.81' I R-218.50' 1 L-54.94' cCn^ 24.4'11 N89.00.00'E 207.18' a .F67 v n NW4.4'44'E 140,00' ?S 29.08' \� \- LOT K n L41 AL �J''�'+frw \' �� 1I1■Q1M Msl �-'-i _ � _ . I S 1 '= 44'44' 1 .00' Ilk 73 82 R-143.50 i{31 AC \\ ® L-29.13' \\ / 44'44' 14. ' MQI 11ACE V. --- \ 0 25 50 100 ISO 200 \ ®-6.2.91'11' NT63r2YW ® Rs14350 - N7S4a05W L-7.15' d-14.4r44' R-106.50' S3 r 18 �i L-27.56 10' 4.11,E 1 .03, is fF4EiT NO. 6 36 A 35 L-71.54' 4 - _ Y41' 1 1.50' L-3aa. + 200.00' L-374.31r + a. so' L- M. 41.0 + - Md 13' 20• _ 1 Is 4 z ` #W4W44'E M-2r-"- Fk 314" It, IS 44i8 Rt73N ACC.�AS Ri1LT CORNER F4'R 1R 7a4.1, 9L9. 41/a-7 ..,. 23 TRACT NO. 2043 MB. 41/6-7 22 \: r-- 21 m Vr Lr.. No MG -ADC. K **a OORIER F9t TR. 21143. NJ. 41/4-7 314 I.P.. LS 4420, IRM AS Iwo C1>f1ti11 PER W.1 IM 41/6-7 r�M-eaac n- -as 36 A 35 L-71.54' 4 - _ Y41' 1 1.50' L-3aa. + 200.00' L-374.31r + a. so' L- M. 41.0 + - Md 13' 20• _ 1 Is 4 z ` #W4W44'E M-2r-"- Fk 314" It, IS 44i8 Rt73N ACC.�AS Ri1LT CORNER F4'R 1R 7a4.1, 9L9. 41/a-7 ..,. 23 TRACT NO. 2043 MB. 41/6-7 22 \: r-- 21 m Vr Lr.. No MG -ADC. K **a OORIER F9t TR. 21143. NJ. 41/4-7 314 I.P.. LS 4420, IRM AS Iwo C1>f1ti11 PER W.1 IM 41/6-7 r�M-eaac n- -as �\y IN THE CITY OF LA OUIRA. COWM OF RNERSIOE. STATE OF C1lJFORNM SHEET 6 OF 7 SHEETS -. '� AMENDED TRACT NO. 31348 CURVE TABLE BEING A SlI�3DNISION OF k PORTION OF SECTIONS 19 AND 30, 10 QTA MW K LW ----� TON 4ws 5 SOUTH. RANGE 7 EAST, SAW BERNARDW BASE 34 KItf'u' Kx mv AND MER00N, RECORDS OF RNERSiDE COUNTY. CALJFORNIA 35 WIW44' HIM 37.W x MIMI 12S4r xAr MDS CONSULTING JUKE, 2004 G,ARY W. D010CH L.S.403 17 W'W44• MW ]PJ3' >0 44•t9'14• f43v xer �,-- ----------- / �- - ---------- te.s, \ / 18s, � II SEE SPIFFY N0. 5 i 10• I { o I ..' I eR-14350' S2 'R 10, '47$ L=29.13' ; 2� I n ' 1y 44' 1 ; 66 / -+ R o i �St 18.5' Q d I ®® ' `-- -A=751.16 N793r23 w R=143M'--------- N7S48'05W FD. 3/f LP„ W TAG, FTM �; ACC. AS WACT COPH R PER W_ 2043, M.B. 41/6-7 1 ; n t�1=7.15' S3--�COp5't4•E n � I FD. 3/1C I.P., LS 4420, FU M N89'C. 24'11' 120.OJ' PM : 204J. Y�.BT 41C0%iB--R7 5RA° ` '�% 65 I 73 54 I 18.5' b ® I SPM:E 0 I ` I © Nl!l503_OJ I N89'24'11' 120.08' 26.5' w I - --� I 10' I I1 gl 55 014 _ -_- ---- --- I <7i I j wI55'40'E 26.5' ,tCb�y RAp IRID N8N'Sr30'w I 1 `° I 1 ® MP31'14•E - 1 1 4K31'1 ICE I ® 9.02' A A I NOW24.11•E 120.12' \NWW31'14'E c ® N6931'10E 11\1 2.23' 7.00' 1 C p .I I n� g 56 � 1 # � �- NB9'31'10E 752.31' ----------- --------- "A" �� -------'i 24'11'E 1 ,17' - -- - ' — DETAIL —� NOT TO SCALE 0 57 ^I 73 LOT G c� TRACT NO. 2043 lul ANC. LM At: (r 1 N89'24'1t'E 1 MS. � am I MCE cs 58 F& 3/f LP., NO Ti16' FLIDIM r $ AM. Ai TACT C=O M 11t. 2117, KB. 40/91-B3 Q- 6NDI QU A 10.00 FDOT FAWIEM FOR 4'11'E 11 .93' 24.11' I . pu" UFlm PUB S our#IED ro NB938'42�`E WIE8 RAD ®- EMEMENR 10 CY.W.O. FOR OONESTIC WATER AND SANRA" PulOM APO SCALE 1'-50' i� 72 `a� oF0 l : � 59 ` TO DE CITY OF W CUM FOR FUU ,' �� e:*� M?b13 40l J TRACT NO. 2tfi uW1m Pins, O Wes IMB ecREss 1a w / =� M? 1 I MB. 40/81 83 of 9ER"m Iwo Do icy V9CLES. ,� ,�sr 411, 1 ©- I:w MU A 1040 FOOF NOW FOR ' 4'11• 1 FIO' � � �, 47 _ OEDICAIFD 10 CflY OF OUMG Q- NWATES A X00 FOOT MW*X WA*V E 71 EASEMEMT AS W Wi MEW ® N ®- M01CAlES A 5.00 FOOT 6tlE101f FOR � I iW mmuc U" moan DEDICA7IED TO 4-11•E 1 . 1- 1 $ WvAAL Ww0Amm DIS w. 1 iv NBS124'11'E 135. 5' ®- WCATES A 5.00 FOOT FiS)ENT FOR 1 I - PUiltr U" PURPM 0®ICATEO lO m r` MY of LA QLM& 1N 70 : ', a o S I 6 t Q 4B ®- 11DIGHES A w6ww.E >NOIM PRAIATe i o e , FANWW AS MW iaNM i 4'11• t 00- WCCAM A 5.00 FTTOT PMr� R OkWff, i I s � s 24' i t' 1 UMOBC+WE AND 000E WICf EABEM W AS Sm NEREoiL r' Ililt 69 v - -- -- 3HMt SURKYORIOF \� �� g 1�-. o� 62 i NMSSEE AAM OW 1• 1 LOT H �>o � CURVE: *t TABLE "' • I 0 NITA N m MC L6T w 'y' o � off,777 - 41 1 27.4T'7r 142M 6936' 2 tr4F'3r IMN Mt w � 68 NIX = Jj ; A 3 2rx137 WAW 3w i e . e� RV b N n " 63 "'��.iF wav ' N !' 4' 11' 1 6. i' n 77" n 7 16.4s'ar IM.sI' NW4rr 443r 6m M "4r LW aw 67 I ^ A' 1t N6f7111 L31 +n' �^ F' 1 ��w ho L3 9rlW . LW W N8824'111 v pto N 74 �� v 14 76'391'i!6' W Mv40 13 so Wr &W ml fir] j I6 W'NW sw AN -74J � GI � !t I i 73 1 I IpGI � �� ABO.'E LEFT 11EAEOM , I VACS s o .- Jul 1e3.w4'- I _ I W31'10E 752.55' 1 M01N4C, sET WoTwG I 14 --7�:-FIDI'. NO'19'45'w 7.72' `34 F0. 3/e LP, NO TAG, MAN21TTW 7.7r RACT) ACC. AS TCO M:R PER 0 25 50 100 70, 150 200 FD. woTF6Nc, 33 TRACT NO. 2ti7 TR. 2111, Y$. 40/61 63 SET kVHW M.S.40/81-63 $ i I �s�4anw++o�mseeo-s,sw-urc m-as-as FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appoint a new Planning Commissioner to an unexpired term from the applications on file; or 2. Do not appoint a new Planning Commissioner to an unexpired term from the applications on file; or 3. Provide alternative direction. Respectfully submitted, r R. '00 ' - of-E.- Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Application of Katie Barrows 2. Application of Kevin L. Maevers 3. Application of Patrick Swarthout 4. Application of Robert Wright 5. Application of Robert Wilkinson 2 ,I -Ty of LA QUINTA Plan Set No. IN THE CITY OF LA QUINTA. COUNTY OF RNEIME, STATE OF CALF01110 SHEET 7 OF 7 SHEETS � --- AMENDED TRACT NO. 31348 c- BENIG A SUBOMSM OF A PORTION OF SECTIONS 19 AND 30, TOWNSHIP 3 SOUTH, RAWQE 7 EAST, SAW BERNARDW SASE r-------------------- /' 7• AM 106 -PIMA= t'IMi LOM ACE NOT AND MERIOMN. RECORDS OF MMtSIOE COUM'Y. CALFDMM LOT J IECWK LOIS WNE! KDI MDS CONSULTMIG JUNE, 2004 GARY W. DOKICH L.S.4603 RF 00 FOR AETfM11OM NAp06ES.LOTEASEM X MPS��imlm� FM � PTO Tiwa%6 D00 AVIEWAL MwAim DMUCT. SEE SHEET NO. ♦ J °- FOR DM*MX EASDM TSAIIfATIOON ------------- WA KOPOKS NO I WT M SfME AD THE MY OF 1A MW MR MJKX to m rulfosEs, acREss AND EfilE5S 16.s I&T 20 i OF SERVICE AND E1iI1W( VONCLES. NW40'14'E 142,53' t ©- NUCATES A 10.00 FOOT EdMff FOR PMMX URM 1;JR4'OSES DEDN7M TO I < 10 $ CITY OF TA QWA ©- NOIAS ��A WMAGE EASEM7(f I 37' ^' HRM< W S ~ a W twit. SEE SHEET 3 FOR SLW&)VR S I � ^ j S 110TES MID IMM OF EMNQ.S 'It'll glz SEE SHEET NO. 4 6s 14 18.5' 0 _ JI NB9 40' 14'E 143.73' N 33 1 a , RAD NBf26'2{EMI r- i 7' _ Ile o A =w00. 00. E.�374. 29'� L J; g 5� fM N8341 SEoz-pccq� p` �® 49' r,l NW9?E R=1218.50' L=369. 1.72' 1 ; 4 Z' i =1T 22' 2r D.7 25' S5 L� - j ° !Y a 22.6 11� 'V �. LOT J $ ` F- 0.63 AC. p�cyu RE ION BASIN {i/) ~ �1 c�� [ 6 _ 7* 0. 'I' �� Ne•D1'so'w Ne w - t� „ SEE KPIL "K a �s I HEREON L ^ \,=�1 3 N6r46'44'E 11.00' 106.82' �'' _ `J µ' NW46'44'E 335.26' lRAD-PR_ LOT A �� W iSu `d _ M CID LOT TRACT ND. 2043 � =1 � � '� r'e>>,r ® w� �F xt a 0.03 AC. M.B. 4 Uf3-7 OPEN \ ,j,4 4'•$ � r ® 'Vk 1 h. t SPACE A 24 2-5 14 9 LOT D ��/'/ �. LOT I S 0.14 AC. J(�1' e�,,� 0.19 AC."ap ; ` ` µ. - �d RAD N22.49'4E Jy i� _. ..4s 16• n.46• 7&54' �,• M940'14'E„ �\ 156.00' l.dl' 20 w 5966, Y, RA0 Kw14'1rw 1392' 4..85' `�RAO n4rro 1w s' m14 E g SINGING PALMS DRIVE 54.00• : 22o.ar am 8 N N69.40'14'E 274.00' R�jMO. .v NOT40.14'E 51.84' Sp" l7. r ■ CURVE TABLE N N l $• p Na ELTA NAME Aw LGT I M O 11 SW 142' 2 WM'19' 266r 7A6' i 12 3 6Y4'Yq' am tM 15 3v 4 S2 ?IY SW 446' TRACT NO, 2043 32' s "%Ir law ur S JD' 6 37'34'31' 11SW 7W 19 7 emir ON &W 9 v"" ON ISO I2311 2 rW46' 347M' 7.w j 11 **WIN' 243r 17.f6 2 %'WW 4W 67AC CL. 13 V372r Mr ILL' 14 i1'Ir33' is 47'43'3r KSr 243r Va am Lai 1'=30' 16 W291N' *a UN 17 "'m M 619w 243r WAV 207 xw _ } 60 19 r21.4r ww 4635, 30 3D' 3r 12 j 14 43- W 2&W MT 21 M7 W 27 W 944' 22 61r66' 3174r XW 23 46'4r41' 24 79'37'14' 5M 9S.M' W.W MY 0 15 30 60 90 126 OF AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: March 21, 2006 ITEM TITLE: Authorization for Overnight Travel for One Member of the City Council to Attend the League of California Cities Revenue and Taxation Committee Meeting to be held Friday, March 31, 2006 in Los Angeles, California RECOMMENDATION: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: /3 Approve authorization for overnight travel for one member of the City Council to attend the League of California Cities Revenue and Taxation Committee Meeting to be held at the Embassy Suites at the Los Angeles Airport North in Los Angeles, California to be held March 31, 2006. FISCAL IMPLICATIONS: Expenditures for this conference are estimated as follows: Travel $ 110 Hotel $ 225 Meals $ 75 TOTAL $ 410 Funds for this conference attendance are available in the Legislative Program's Travel, Training and Meetings Account (#101-1001-41 1.51-01). CHARTER CITY IMPLICATIONS: None. r? 4 • " t t ,.� BACKGROUND AND OVERVIEW: The League of California Cities Policy Committees meets four times each year. The second meeting of the Policy Committees in 2006 is scheduled for March 30 and 31, 2006 at the Embassy Suites Los Angeles International Airport North Hotel in Los Angeles, California. The Revenue and Taxation Committee, on which Council Member Henderson sits, will be meeting March 31, 2006. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Authorize overnight travel for one member of the City Council to attend the League of California Cities Revenue and Taxation Committee Meeting to be held at the Embassy Suites, Los Angeles Airport North in Los Angeles, California on March 31, 2006; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, Debbie Powell, Management Analyst Approved for submission y: Thomas P. Genovese, City Manager Attachment: 1 . League of California Cities 2006 Policy Committee Schedule 2 L LEAGUE OF CALIFOKNIA ATTACHMENT 1 1tC 2006 POLICY COMMITTEE SCHEDULE Meetings generally begin at 10:00 a.m. and conclude by 3:00 p.m. January 12 -13, 2006 Sacramento Convention Center Thursday, January 12, 2006 Friday, January 13, 2006 Administrative Services Community Services Environmental Quality Employee Relations Housing, Community & Economic Dev. Revenue and Taxation Transportation, Communication & Public Works Public Safety March, 30 - 31, 2006 Embassy Suites LAX - NORTH 9801 Airport Boulevard, Los Angeles, CA 90045 Thursday, March 30, 2006 March 31, 2006 Administrative Services Community Services Environmental Quality Employee Relations Housing, Community & Economic Dev. Revenue and Taxation Transportation, Communication & Public Works Public Safety June 22 - 23 2006 — NOTE: TWO LOCATIONS League Office, 1400 K Street, 4th FI., Sacramento 95814 Thursday, June 22, 2006 Friday, June 23, 2006 Administrative Services Community Services Sheraton Grand, 1230 J Street, Sacramento 95814 Thursday, June 22, 2006 Friday, June 23, 2006 Environmental Quality Employee Relations Housing, Community & Economic Dev. Revenue and Taxation Transportation, Communication & Public Works Public Safety Deadline for Submitting Annual Conference Resolutions - Monday, July 10, 2006 ANNUAL CONFERENCE September 6 - 9, 2006 — San Diego Convention Center (policy Committees meetings TBA) NOTE: Policy committee members should be aware that lunch is usually served at these meetings. The state's Fair Political Practices Commission takes the position that the value of the lunch should be reported on city officials' statement of economic interests form. Because of the service you provide at these meetings, the League takes the position that the value of the lunch should be reported as income (in return for your service to the committee) as opposed to a gift (note that this is not income for state or federal income tax purposes just Political Reform Act reporting purposes). The League has been persistent, but unsuccessful, in attempting to change the FPPC's mind about this interpretation. As such, we feel we need to let you know about the issue so you can determine your course of action. If you would prefer not to have to report the value of the lunches as income, we will let you know the amount so you can reimburse the League. The lunches tend to run in the $20 to $30 range. To review a copy of the FPPC's most recent letter on this issue, please go to the League's web site: www cacities.org/FPPCletter. January 30, 2006 C:\Documents and Settings\wlatta\Local Settings\Temporary Internet Files\0LK2B\ca12006.doc r1 t� 1, i� �G 9ti5 OF r AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: March 21, 2006 BUSINESS SESSION: / CONSENT CALENDAR: ITEM TITLE: Consideration of the Selection of a Planning Commissioner to Fill an Existing Vacancy STUDY SESSION: Through June 20, 2006. PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On February 28, 2006, Planning Commission Chair Tom Kirk was appointed to serve on the City Council for the remainder of Former City Council Member Perkins' term. Council Member Kirk was sworn in on March 7, 2006. Staff was instructed to place advertisements in The Desert Sun announcing the opening on the Planning Commission and inviting residents of La Quinta to apply to fill the vacancy. Advertisements appeared in the March 10, and March 12, 2006 editions. Staff has attached the applications of the candidates that were received by the 5:00 p.m. March 16, 2006, deadline, for the Council's review. ATTACHMENT 1 Katie Barrows March 15, 2006 Members of the City Council City of La Quinta 78-496 Calle Tampico La Quinta, CA 92253 Honorable Mayor and Members of the City Council: Enclosed please find my application to serve on the La Quinta Planning Commission. I have also attached a copy of my resume. I have lived in La Quinta for 20 years and have previously served on the Planning Commission, from 1991 to 1996.1 believe my experience and knowledge of local and regional planning issues would help me make a positive contribution to the City. I have a strong commitment to working as a member of the Planning Commission to benefit the residents of our beautiful city. As a member of the Planning Commission, I would be committed to working with city staff, the City Council, other members of the Planning Commission, residents, members of the business community and others to ensure that we maintain the quality of life and small town atmosphere that is La Quinta. As we look at annexations and additional growth, I would encourage us to maintain and enhance our open spaces areas, recreational opportunities, community parks, trails, and bikeways. I want to see La Quinta continue to grow in an economically sustainable way and to further explore opportunities for alternative transportation, water and energy conservation, and livable community principles. I have energy, enthusiasm and an ability to work with people that I would bring to my role as a planning commissioner. I look forward to the opportunity to be interviewed for this position. Thank you for your consideration. Sincerely, Katie Barrows 53298 Avenida Montezuma, La Quinta, G4 92253 • (760) 564 2413 • kate.cnb@verizon.net ��► . Date: ' I u f-C 1, t S UCH RECEIVED CITY OF LA QUINTA 2006 MH 16 FM 9 90 APPLICATION TO SERVE ON GiTY OF LA QUINTA LA QUINTA PLANNING COMMIS§1614 ER"'S OFFICE NAME: I t 1 �--8'Cj_r-"i'L)S HOME ADDRESS: i--- q , d !^'t to 7 e z u r oq L, - (Must be a La Quinta resident and eligible to vote itf the City) TELEPHONE: (HOME) b& O) S to Y - �2 y / BUSINESS:()& 0) ! 7U _ S_ ._> Co EMAIL: 0 ✓I UP Ci 70" . vier FAX:L-%(e U) 7_76 " t & f BUSINESS ADDRESS -7 3 ` 7 / 0 i7Y-Pd IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD 1155oci alO ,D Coekc_L e 11r1 VcJ/04 06 UOJA n,S LENGTH OF RESIDENCE IN LA QUINTA: HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION?/ 2 S Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. S e e A ftzt c--Lj- J oe S tk_i+t e 01 r1 mz_ c �? �--w c►�1► c_ tic c�iyc-t �S �cC �Q moo-vk'_"'14"A:� -Jc cb-'54 ('04k, h9l . CA- Yl.+lrt G�.-�. G'� �%.c y .5 � Cc.,_Q � � i�'t► � r--��>�.��t �lc�! � L��r .� r� v, L�. � � %. vt �t.-� �-� . E' C_ /l Vr�' �r� 1�.�v� . � !-=. (��- � -CC..� C. �t.t i✓"L'� C GL y C!L 1 Cc.yl v. a.-.r {,b� tf c `�t•'' �G" S i' Vey. P i APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. S f 1 P/a VI C) I" l C d fY � 1 I�SCvlfi J zUA Q C, h vt. a s Vl C P' l a (fl YT tyi Gd1o: ✓1 i rV1 c S, S ` (/,• ram( C lrQ fr (� ✓Yv1'<F l crl C� (%.� C. C. What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? V--q v pg C C/ Li e X a ct—s n f o� iv— C L A- k^ s j C i 11 Yvt C® LAD ti.(C I l e -JV z) ,(/,A YJ d C U-cj . T + iu -,S What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? _ f - S S t.. L 4C_ V a_ CA_ ' �e C: C f-cL ;mot v t r vZ ,., koq&z'd4od� -S7 �_-A6:(Cx Ck-4-VS1.e_1-V-LjCX6* e ed (g's a, -cs GtS at. C. ' 4 S , 1- 4" ex- .0 0 V C( hh- r Uv v A 6-e4,vL- a �' _,9eSe PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT r e) ,, , 3 44 53298 Avenida Montezuma, La PROFESSIONAL EXPERIENCE: Katie Barrows CA 92253 • (760) 564 2413 • kate.cnb@verizon.net 1997 to Associate Director, Coachella Valley Mountains Conservancy Present The Mountains Conservancy is a state agency which works to conserve open space, scenic and habitat lands within the Coachella Valley, and to enhance public appreciation and educational experiences on those lands. Responsibilities include conservation planning, land acquisition, habitat restoration, community outreach, local assistance grants, media coordination, administration and facilitation of cooperative projects with local, state, and federal agencies, community groups, and members of the business community to promote conservation goals. Since 1994 the Mountains Conservancy has worked under contract with the Coachella Valley Association of Governments to prepare the Coachella Valley Multiple Species Habitat Conservation Plan. Responsibilities related to this project include coordination of scientific principles, monitoring and management program, and biological and GIS database development, coordination with planning staff and elected representatives from local jurisdictions, coordination of trails planning, and education program. Other responsibilities include office management, personnel, and public information. 1988 to Adjunct Faculty, College of the Desert, Division of Applied Science Present and Business Instructor in environmental studies (Conservation of Natural Resources), field biology, and other related subjects in the natural resources and environmental science field. 1991 to Consulting Staff, Coachella Valley Mountains Conservancy 1997 Provide staff services to the Mountains Conservancy, as consultant. Responsibilities include conservation planning, land acquisition, habitat restoration, community outreach, fundraising and development, media coordination, administration and facilitation of cooperative projects with federal and state agencies, community groups, and members of the business community to promote conservation goals. 1986 to Ecological Consultant, self-employed 1996 As a self-employed environmental consultant prepared land management plans, environmental review documents, and conservation plans for federal, state and local agencies and private development companies. This work involved knowledge of state and federal environmental laws (CEQA, Federal Endangered Species Act) and land planning concepts. Some examples include: ■ Mesquite habitat evaluation for the City of Indio Ecological Evaluations and Biological Assessments for various clients including various Coachella Valley planning and development firms, The Nature Conservancy Cooperative Management Plan for Baldwin Lake Ecological Reserve near Big Bear Lake, CA. 1991. Cooperative plan involving U.S. Forest Service, California Department of Fish and Game, Nature Conservancy, and private landowners. Also developed conservation plans for endangered species in the Big Bear area. Katie Barrows — Resume Page two 1980 to Preserve Manager, The Nature Conservancy, 1986 Northern California Coast Range Preserve As Co -Manager, responsible for management of an 8,000 acre natural area owned by The Nature Conservancy in old growth forests of Northern California. Responsibilities included development of cooperative management programs with BLM and other state, federal, and private organizations, conservation planning, development and implementation of research programs, prescribed fire plan, interpretive programs and visitor services, supervision of volunteers and part-time staff. 1978 to Park Naturalist, Riverside County Parks Department 1980 Managed park visitor center and interpretive programs in Corona, California. Responsibilities included development and implementation of interpretive programs for children and adults, coordination of community events, volunteer/docent program, visitor services, exhibits, and community outreach activities. EDUCATION: University of California, Davis. Bachelor of Science — Wildlife Biology. 1978 Humboldt State University. Graduate work for Master of Arts, Biology. 1994. COMMUNITY SERVICE: PERSONAL: Friends of the Desert Mountains. Board Member (Secretary). 1991 to present. La Quinta Cove Neighborhood Association, Steering Committee. Coachella Valley Water District Water Management Plan Implementation Task Force Riverside County Waste Management Advisory Council/Local Task Force. Environmental Community representative California Native Plant Society, Riverside/San Bernardino chapter, President. Desert Horticultural Society Planning Commission. City of La Quinta. June 1991 to June 1996. Chair from 1992 to 1994. Executive Steering Committee. Santa Rosa Mountains National Scenic Area. 1990 to 1994. Born in Glendale, California. La Quinta resident since 1986 Married, one son Hobbies: hiking, travel, desert gardening, nature study, volunteer activities Date: MAC J. to 20ct o CITY OF LA QUINTA 4 APPLICATION TO SERVE ON LA QUINTA PLANNING COMMISSION m rn - CIO NAME: �: 1g L . E.\/ER-:�- m HOME ADDRESS: Y I A\/( CIS. LA d Ilj-r4 !q `Z, � -3 (Must be a La Quinta resident and a igible to vote in the C►t .) co TELEPHONE: (HOME) ?GPO 2CO- 3 i 2'Z. BUSINESS:_ 9 it - '7�2 - oq+( EMAIL: I-f &\Ark 116 ZMA ~ MAF-V& z5 . C.'ok.IFAX. BUSINESS ADDRESS f f7g0 joWA /l�%, , ��, tZ1�tR50-X 9'LW7 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD M L L ok. c: A 5 5a C1 RTES 5Tz. I ;.CT NIAKAc4e. LENGTH OF RESIDENCE IN LA QUINTA: 4erip- HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. tl Q-( L AtilO ArgC�EO sjMr�lc�2�f of er�.p�,�T►q�S � 62titAZ,tF1CaTiotA5 AIjO iZ�l.E�dt�T PtCL1EtJCt, APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. SEA, -T 1�' A TTAC ED (.tTT E L TO o fl' olz- What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? FCCASIZ 5EC -( C r)TT C lr� LF- ' 1Z —10 la b C1T Cod �.1 t � What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? T AA E ET ' tZ a J q TT e �. T t�l AtA() Q-k-Tj CO&ACkL q5 pk-umc-�Eq A '-e. lz'.\/A (�T ow k-17-A e VA C L PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-496 CALLS TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT March 10, 2006 Mayor and City Council City of La Quinta 78495 Calle Tampico La Quinta, CA. 92253 From the desk of Kevin L. Maevers, AICP 78448 Via Pavion La Quinta, CA. 92253 home tel: 760-200-3122 mobile: 760-408-9218 Subject: Open letter regarding my application for appointment as a Planning Commissioner Dear Mr. Mayor and Council Members: Please accept this letter as my formal request for consideration to fill the currently vacant seat on the La Quinta Planning Commission. In addition to this letter, you will find the City's standard "Application to Serve" as well as a copy of my summary of credentials, qualifications, and experience. Although my wife and I have resided in the City for slightly less than two years, we have come to feel that La Quinta is our home, and we look forward to a long, permanent, residency here. Both my wife and I are Southern California natives, and have lived and worked in high growth areas for all of our adult lives. I began my career in the planning and land development fields in the high desert cities of Lancaster and Palmdale. During the late 1970's and all throughout the 1980's I served private sector clients throughout the High Desert in the Cities of Lancaster, Palmdale, Hesperia, Adelanto, and Victorville, and also the Counties of Los Angeles and San Bernardino. It was during this same time that I felt that it was my personal as well as professional responsibility to "give back" to the communities in which I was working and I began to serve on a number of committees, providing technical expertise during the General Plan Update process for the Cities of Lancaster and Palmdale. I also served on committees within the City of Palmdale that addressed Downtown Revitalization, and created the Hillside Management Ordinance. In the late 1990's I relocated to the City of Santa Clarita and continued to work primarily in the private sector on major land development projects like "Stevenson Ranch" and "Southern Oaks. In 2001, 1 relocated to the City of Rancho Cucamonga and gained further experience working on large master planned communities such as "The Preserve" in Chino, "New Model Colony" in Ontario, and "Victoria Arbors" in Rancho Cucamonga. However, my wife and I were dis-satisfied with the quality of life afforded to us in the Inland Empire, and in 2005, we decided to relocate to the Coachella Valley, specifically to the City of la Quinta, and although I continue to work from my office in Riverside (for Kimley-Horn and Associates), I am thrilled to return to my home in the desert each evening. What you may have noticed from the previous paragraphs, is that my public sector involvement has been minimal for most of the past decade. Professional responsibilities, and the potential for conflict of interest has kept me from making myself available for appointment to any commission in the Cities where I have lived. However, that problem currently does not exist. My employer is currently not working in the private sector, nor are we currently providing any public sector services to the City of La Quinta. The timing of this vacancy, and my desire to serve could not have been more perfect. As a member of the American Planning Association, and also the American Institute of Certified Planners, I have direct knowledge and experience with the policies, procedures, and responsibilities of a Planning Commissioner. Because I am already familiar with Zoning Ordinances, Development Codes, CEQA, and other Local, State and Federal guidelines, my learning curve should be relatively short. Additionally, I was a session presenter at the 2005 CCAPA conference in Yosemite, and have been asked to present again at the 2006 CCAPA conference in Orange County on issues such as ethics, integrity, and professional responsibility. The City of La Quinta has been, and continues to experience tremendous growth pressure, both in the entry level market as well as providing homes and services for the wealthy and retired. Compounding the problem is the cyclical nature of the desert lifestyle with our local population swelling three -fold or more during the winter months, and growing even further during periods of special events. This creates enormous problems in planning of any community especially in the areas of traffic and public services. Additional problems are created because of the nature of the low property tax pass through from the County, and the need to generate revenue from sales tax, bed tax, and other sources. For a Planning Commissioner, the challenge is truly one of trying to balance the needs of the City and its residents, with the vision that is created by the Mayor and City Council. While the zoning and development codes (combined with the land use element of the General Plan) provide a guideline for development, the application of the codes and ordinances becomes a balancing act between public vision, and private sector desires. For most of the past 30 years, I have embraced this challenge, and have worked steadily to increase my knowledge base, create public -private partnerships, and to work towards creating the types of communities that we can all be proud to call home. It is my desire to bring this expertise to the City of La Quinta and to assist the Mayor and the City Council, as a member of the City's Planning Commission. Sincerely, evin L. Maevers, AICP 0A t® . ) S Nimley-H= and Associc*s, Inc. Kevin L. Maevers, AICP Professional Credentials A.A, Business Management, Antelope Valley College B.A., Social Sciences, Chapman University, M.B.A., Management Concentration, Almeda College M.S./Ph.D., Organizational Psychology, Walden University (in progress) American Institute of Certified Planners (AICP) American Planning Association - Inland Empire Section Presenter, 2005 CCAPA Convention - Professional Development CVAG and TLUC Steering Committee for the Healthy Living Project Desert BIA, Legislative Affairs Committee Riverside BIA, Legislative Affairs Committee City of Lancaster General Plan Update, Land Use Committee City of Palmdale General Plan Update, Land Use Committee City of Palmdale Downtown Business Enhancement Committee City of Palmdale Hillside Ordinance Committee California Bar Association Condominium Development Seminar CELSOC Drainage Seminar CELSOC Subdivision Map Act Seminar Special Qualifications :nd Over 29 years of experience in land planning, design and development plans, construction management inspection, and program management of public and private civil engineering projects. • Expertise is in public and private land development project that include site feasibility studies, entitlement and agency approvals, grading and drainage design, roadway design, sewer and water line design, and construction support services. • Over 20 years of experience in Program Management and Project Management, including coordination with owners, architects, sub -consultants, contractors, and public agencies and public hearing presentations. • Experience in managing, planning, and designing commercial facilities involving small single -user to large complex projects from the initial planning process through design and construction administration. • Comprehensive planning, design, and construction experience in Riverside, San Bernardino, Los Angeles, Kern, Ventura, and Imperial Counties, as well as dozens of municipalities within those counties. • Has been responsible for over 350 site development plans for public and private projects Kevin L. Maevers, AICP Resume ❑�❑ IGmley-Hom � and Associates, Inc. Relevant Experience. The Preserve by Lewis Operating Corp. Kevin provided his land development services on this project. Covering over 5000 acres in the southeastern portion of the City of Chino, The Preserve is truly a city within the city. Over 2200 acres of developable land are anticipated with a complete variety of home sites, from apartments to estates, commercial uses, parks, schools, and all of the other facilities needed to operate a small city. This is truly the single most impressive project that I have ever worked on. Since the specific plan had previously been approved prior to his arrival with Kimley-Horn, his personal involvement has been limited to the design of the residential subdivisions and the associated infrastructure. Hettinga Specific Plan by Stratham Homes. Kevin provided his services on this smaller specific plan located within the New Model Colony of the City of Ontario. The project contains 15 residential neighborhoods of varying lot sizes for a total of 1263 dwelling units. Interior parks and curvalinear streets add to the small town feeling of the plan with the center of the project being a pair of large parks and school sites. His personal involvement was to assist the site architect in writing and preparing the specific plan, paying particular attention to development details. West Haven Specific Plan by Centex Homes. Kevin provided his expertise on this small specific plan within the New Model Colony of the City of Ontario. Much like the Hettinga Specific plan this project contains a variety of residential neighborhoods of varying lot sizes for a total of 1037 dwelling units. A series of interconnected trails and mini -parks and school sites form the core of the development. His involvement was in the drafting of the specific plan and to provide input on the development scenario to follow approval. Concours Plaza by Dix Development Corp. Kevin provided his land development expertise on this project. Located in the City of Ontario, Concours Plaza is a mixed use, professional office and retail center with a condominium component. Totaling over 250,000 square feet of mixed retail and professional office, this project incorporated a "campus" feel with the buildings arranged in a manner as to create a central courtyard area with room for walking, relaxing, and to just get out of the office for a few minutes during the day. Kevin personally followed this project from concept through to final approval and occupancy, including the recording of the final map and condominium plans. Southern Oaks Specific Plan by John Laing Homes. Kevin provided his land planning expertise land development services on this project. The Southern Oaks project was a major component of the community of Stevenson Ranch, located in northern Los Angeles County, California. The project consisted of approximately 600 semi -custom home sites, several parks and mini -parks, trails, and a huge area of dedicated open space. This project contained some of the most difficult environmental constraints that he had ever encountered; from 400-year-old oak trees to major drainage courses and open chaparral, together with the historical significance of a possible Indian settlement. All of these factors had to be balanced with the public safety, access, and of course, the economic constraints of the development. Kevin L. Maevers, AICP Resume � fGmley-Hon � and ASSUCIaleS, k1C. Victoria Arbors Specific Plan by American Beauty Development Co.. Kevin provided his land planning and land development expertise on this project. The Victoria Arbors Master plan is considered to be the "Showcase Project" by the City of Rancho Cucamonga, California. Containing almost 600 acres of single family, multi family, parks, school sites, commercial, and retail opportunities, this project covered virtually all aspects of planning and design. This is the single largest project that he has followed from concept to completion and occupancy of the housing units. The first two phases of the Victoria Mall are open with the remaining phases currently under construction and scheduled to be open in late 2005. City of Lancaster General Plan Update. Kevin's appointment to the Land Use Sub -Committee was as the Liaison to the Development Community. His responsibilities were specifically related to concerns of project owners that were being expressed due to some significant revisions in the land use element of the General Plan. The City of Lancaster had major concerns about being able to provide services to outlying areas of the City, specifically, police and fire service, facilities maintenance such as sewer and storm drain, as well as adequate transportation, circulation, and environmental concerns. It was his responsibility to research, and determine the potential impact that the down -zoning would create when weighed against the huge capital outlay that many developers had made in preparing Specific Plans and other Master Planned Developments in the City. City of Palmdale General Plan Update. Because of his previous involvement in Land Use related Committees in the City of Palmdale, Kevin was appointed as the Chairman of the Land Use Sub -Committee for the General Plan Amendment by Mayor Jim Ledford. As Chairman, his role was to see that the process of creating a new, updated, land use element kept moving forward in a manner that would lead to completion within the two-year time frame allotted by the City Council. Traffic circulation, environmental concerns, development patterns, and most all other areas of land planning were addressed by his committee. Mariposa Estates Specific Plan. Kevin provided his land planning expertise and land development services on this project. This project was one of the first major land development specific plans to be approved in the City of Lancaster. In 1987, when he presented this project to the City Council, it was only the second specific plan to ever be brought to the City of Lancaster. It was his professional presentation, as well as his ability to address the concerns of the founders of a newly created City (Lancaster was Incorporated in 1977) that led to a successful approval. Rychebosch Industrial Park. The first, and to date, the only, heavy industrial, rail served, Industrial Park in North Los Angeles County. Located in the City of Lancaster. Following the successful completion of the Mariposa Estates Specific Plan, Kevin was asked to represent the interests of the private property owners in the creation of this heavy industrial park. This project involved the participation of the City of Lancaster to create the Community Facilities District (CFD) as well as the property owners who agreed to work together to form this 300 acre project. His direct involvement on behalf of the property owners, none of whom were professional land developers, kept the City of Lancaster from creating a financial burden on the property owners while simultaneously clearing the path for significant industrial development. Kevin L. Maevers, AICP Resume � IGmley+bm � a1(1 ASSOCIateS, II1C. Downtown Business Development Committee. Kevin's appointment to the Downtown Business Enhancement Committee by then Mayor Pete Knight of the City of Palmdale was specifically to address the zoning and patterns of development that were leading residents away from the core of the City. He also had to determine how to create a more pedestrian friendly environment that would resurrect and create an environment that would support sustainable business involvement in the old downtown area. His involvement in this committee was to bring new ideas for the revitalization of the downtown, and to assist the City staff in the creation of a downtown redevelopment overlay zone. Hillside Ordinance Committee. Because of his successful completion of the Downtown Development Overlay, Kevin was appointed as a technical advisor to create a Hillside Development Ordinance in the City of Palmdale. As the City of Palmdale pushed out to the south and west, City Staff and citizens groups became concerned about environmental and visual impacts to the foothills surrounding the City. His committee was directed to take citizen and property owner input and report back to the City Council with our findings. Kevin L. Maevers, AICP Resume Date: " N �1 CITY OF LA QUINTA 0 APPLICATION TO SERVE ON ; o m c' LA QUINTA PLANNING COMMISSION o c 3 M -� 0 NAME: ,�/ c� HOME ADDRESS: L% C/,�� /��Lj� `�G/ 60. (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME) 7�D % BUSINESS: ,Z(�O j 0,;;> - 3L39_3' Pc6 EMAIL:�Sfy��bci f C��mP�$'J� Lr��5 •FAX:' O Z ' 5 /a l BUSINESS ADDRESS fSoAgZxX;<,- IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD - &1Z'C4VW, LENGTH OF RESIDENCE IN LA QUINTA: / 9�'9 200 HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. r_,cA6k,111 Alkilt C3 APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. .� 41"'1v5 /C1V 15 - f%e baalv /-Lr Izelliew, �'fzCi What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? A What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT ATTACHIMENT 4 Date: '3>' 12 - (Dr, RECEIVED CITY OF LA QUINTA 2046 �'iRfl 15 Aft 10 31 APPLICATION TO SERVE ON" CITY OF LA QUINTA LAQUINTA PLANNING COMMISSIOU CLERKS OFFICE NAME: �� S. W �liq �T HOME ADDRESS: 4'+33b 4Ari1)Jb LaVA^JDA (Must be a La Quinta resident and eligible- to vote in the City.) TELEPHONE: (HOME lw 2W BUSINESS IW 4D $ •-74e;6 EMAIL:_4-W r* Cr k+kep n%Sn .4PM FAX: (o0 7`l2. 1$:?>8 BUSINESS ADDRESS r-0•`g ��"3S I -A 'W)Ak")* 45:�A 'Pl2-2.4-% IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD LENGTH OF RESIDENCE IN LA QUINTA: HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? y Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. M SK- oil Rza ff I ltgi 4W aFGc6o2�, LA W nUrA �-(aJJt�ra� , Aas, ' IGLENi CvmmiJ��rr,� Q�x.�a�r1s ►I�i�-�E 8a*�,o C�,�,,o 4!�IAM iW�4n16 COAi.jTYt2A.I , /..0I AjjWp ti rrl .. �' I.t.l6- rat iJocbl-A- (p (�i�r�* Gfr� w►t� IA�►� Anl4 �l�Jo C111-U VVM24C .,1.I 4�-P AOL I CAr)-C>_Aj , rt� 1s-h.6)R- -FvrJRIC ATTACHMENT 5 March 15, 2006 RECEIVED CITY OF LA QUINTA 2006 FIRR 6 Aft APPLICATION TO SERVE ON CITY OF LA QUINTA LA QUINTA PLANNING COMMISsi&T Y C L E R K' S O F F I C E Name: Robert W. Wilkinson Home Address: 44300 Camino Azul, La Quinta, CA 92253 Telephone: (Home) 760-200-2310 (Business) 760-770-7373 Email: Robertww55Aaol.com Fax: 760-770-6633 Cell: 760-578-7553 Business Address: 2 Chateau Ct., Rancho Mirage, CA 92270 If employed, list your employer and position(s) you hold: Regency Homes — Administration. Length of Residence in La Quinta: 5 years Have you ever attended a meeting of this commission? Yes Biographical sketch, including education, work experience, civic involvement and other background Please be sure to include experiences relevant to duties of the position you seek. 1. Employed at Regency Homes based in Rancho Mirage for 3 years. Responsibilities include acquisition, entitlements, development and product planning for projects currently in two cities and Riverside County. 2. In December of 2003, I accepted a position with Fox Homes in Palm Desert. My capacity was project manager on Sterling Estate Project in Rancho Mirage. After completing Sterling Estates, I accepted my current position with Regency Homes. 3. I took a position with World Development in 2002 doing acquisition and entitlements which included project management to complete conditions for final acceptance from various cities the many small developments World had at the time 4. Originally moved to La Quinta to work at the Country Club of the Desert, now The Hideaway, as Director of Construction in May of 2001 until February of 2002. 5. Married, with 4 children, Kirk attends John Glenn Middle School, Courtney attends La Quinta High School, Kyle attends Arizona State University and Chris graduated from Texas Tech University. APPLICATION PLANNING COMMISSION Page Two Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. As a member of the planning commission the responsibility would be to recommend to the City Council the approval or denial of a submitted plans that fit within the general plan and zoning guidelines. To work in cooperation with City Staff, attend Commission meetings and study sessions in preparation for regular meetings. Maintain compliance with procedure of public meeting and protocol. What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? Currently the commission had given to the City Council a valuable member of the Planning Commission and the vacancy needs to be filled. As the current Commissioners move to fill the void I would hope to assist as a part of the ingredients of a successful Planning Commission. La Quinta's future growth in a large part will be because of the expansion of sphere then annexation. So, because of the desirable factors associated with the city in a big percentage of new development in the Coachella valley will be in La Quinta. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? I bring a variety of experience from exposure to planning developments in the private sector to presenting them in the public forum at many cities in the Coachella valley La Quinta, Palm Desert, Rancho Mirage and Indio. My knowledge of residential, commercial and office building planning will be helpful in understanding the planning commission task. My experience increases my awareness not only to a specific project but its effect on neighboring areas. Member Southwest Community Church Missions, Mexico Home Building, Home Group Leader Member PTO — Parent Teacher Organization AQMD, Coachella Valley Fugitive Dust Control Certification Indio Chamber of Commerce Member Vista Santa Rosa Community Coalition Board Member YMCA Volunteer Coach — Basketball EDUCATION Southern Oregon State College, Ashland, Oregon Business Administration Lane Community College, Eugene, Oregon s OF 'TV AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: March 21, 2006 BUSINESS SESSION: ITEM TITLE: Consideration of the Red Light Camera CONSENT CALENDAR: Enforcement Program, Project No. 2004-06 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: Unknown at this time. If the City Council chooses to re -advertise the attached Request for Proposals (RFP) with the revisions that would eliminate the revenue neutral requirements, the City will be responsible for costs incurred by the Police Department for the staff time necessary to administer the program and review and issue citations. The City will also be responsible for any costs associated with the legal issues that might arise or with defending against legal challenges as to the validity of the program. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In accordance with City Council direction, City staff issued an RFP to obtain technical services for installing an automated digital Red Light Traffic Camera Enforcement Program within the City in October 2004. The purpose of the program was to improve traffic safety by increasing compliance with traffic signal regulations. The enforcement equipment was to be installed at the intersections of Washington Street and Highway 111 and at Washington Street and Fred Waring Drive. The program was intended to be entirely revenue neutral or positive for the City. The first year of the program was intended to test the benefits and costs of the program. On November 30, 2004, the City received two proposals from qualified firms. Proposals were received from Transol USA and from Redflex Traffic Systems. Following careful review of the proposed scope of services within each proposal, the Selection Committee unanimously agreed to pursue contract negotiations with Transol USA. On July 19, 2005, after extensive negotiations with the vendor, staff reported to the City Council that an agreement had been reached with Transol as to the scope of services necessary to implement the program. Unfortunately, a monthly service fee could not be agreed upon that met the City's "revenue neutral" requirement. At that time, staff was concerned that the program would not be revenue neutral to the City. The service agreement drafted by staff required Transol to hold the City harmless from any costs over and above the amount collected from citations. The hold harmless requirement included any necessary legal representation due to challenges to the validity of the program, the cost of any additional time necessary for the City's Police Department to administer the program, and the monthly cost for Transol to operate the program. Transol believed its responsibilities should be limited to its fees and installation costs, and that any costs incurred by the City over and above its payments to Transol should not be Transol's responsibility. After considerable discussion, the City Council directed staff to continue negotiations with Transol USA with the understanding that the Red Light Camera Enforcement Program may not be entirely revenue neutral to the City. In accordance with this direction, staff attempted to contact Transol USA to continue the negotiation process. After several failed attempts, staff was informed that Transol USA had gone out of business as the result of losing a lawsuit. During this same time frame, staff learned that the City of Cathedral City was working with a company called American Traffic Solutions (ATS) to conduct a similar "beta" test at the intersection of Date Palm Drive and Ramon Road. Based upon information obtained by Sergeant John Shields, the City of Cathedral City initiated its program via a sole source contract with ATS for the beta test period. The system was recently installed and appears to be in operation for two legs of the intersection (Ramon Road). Staff is continuing to obtain information regarding the initiation of the City of Cathedral City plan and will have additional information at or before the City Council meeting. 2 d If the City Council chooses to continue with the program as originally envisioned, the RFP can easily be updated and re -advertised (Attachment 1); however, it is unlikely that any vendor will enter into an agreement with the City with the current revenue neutral requirement (see paragraph 5 of the RFP). A revised contract allowing a vendor to be responsible only for the photo enforcement equipment and installation is closer to the industry standard definition of revenue neutral. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Direct staff to re -advertise the Request for Proposals for the Red Light Traffic Camera Enforcement Program; or 2. Provide staff with alternative direction. Respectfully submitted, I TVnothy R. J nass n P.E. e Public Wor Dire ,t /City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. RFP — Red Light Camera Enforcement Program with proposed modifications 3 Sep OFT REQUEST FOR PROPOSAL RED LIGHT CAMERA ENFORCEMENT PROGRAM Project # 2004-06 BACKGROUND The City of La Quinta is requesting proposals for an automated digital Red Light Traffic Camera Enforcement Program ("Program") to improve traffic safety by increasing compliance with traffic signal regulations. The Program would record and manage evidence of all motor vehicles that enter the selected intersection after the traffic signals have turned red. It will provide a technical and service solution that maximizes public safety results and public support for program operations.,, ATTACHMENT 1 agreement, , shall be for period of one 1 year = The .__ _.� � ..... _ g p ( y „= commencing from the date all system equipment is installed and in place, tested and operational. 1 E ,i .. ...'I �:£� L. 3F. ` f .:.' t f.'." t E ..s, FY. iUA 2 LOCATION This Request for Proposal (RFP) seeks a Contractor who will provide the infrastructure for a complete "turn -key" automated traffic signal enforcement program located at two intersections to be identified by the City. The City anticipates that all intersection approaches at the City designated intersections will be installed with camera systems in the initial program term. Deleted: and that is revenue neutral or positive for the City .......... ..... ........ _..._ Deleted: award ....... Deleted: with two (2) one-year renewal options at the City's sole discretion. The Contractor will need to work with the City of La Quinta Police Department, Department of Public Works and, ; < = x x; t } E ; , , £ _ = 1 E 3 _ Deleted: any other City Department as required to coordinate the installation and implementation of the Red Light Camera Enforcement Program. PRIVACY The City seeks a Program that is reliable, accurately and fairly captures red light violations while minimizing unnecessary intrusions on the privacy of drivers and passengers. The Contractor will maintain all images confidential and may not use any image for any other purpose other than its intended purpose. Proposals shall specify measures to protect -privacy of passengers. 10/25/04 Deleted: El 4 TECHNICAL SCOPE 4.1 Equipment: The Contractor shall provide, install and support all equipment including, but not limited to, poles, cabinets and related operational equipment at the selected intersections. A complete description of the equipment proposed and approaches covered shall be furnished with the proposal. 4.1.1 Overall Requirements: The proposal shall address the following proven equipment capabilities: 4.1.1.1 The Camera System shall record images on magnetic media. Film based systems are not acceptable. 4.1.1.2 The Camera System shall not require detection technologies that are cut into/embedded in the road surface. 4.1.1.3 The Camera System shall be modular in construction and will facilitate rapid installation and maintenance. 4.1.1.4 Installation procedures will minimize disruption to site traffic flows. 4.1.1.5 The Camera System shall generate secured, multiple -view violation evidence that can be communicated to and processed using Vendor -supplied or operated photo enforcement processing systems. 4.1.1.6 The Camera System shall be fully suitable and functional for unattended use under all weather and ambient light conditions. 4.1.1.7 All Camera System component operations shall be synchronized to a standard, independent, external and verifiable time and date source. 4.1.1.8 The System shall support `wanted vehicle' and/or dual red/speed upgrades. 4.1.1.9 The System shall be capable of being flexibly configured to address the specific number of lanes to be enforced at each direction of travel at the site. 4.1.2 Functional requirements: 4.1.2.1 The system shall be capable of identifying vehicles traveling through a signalized intersection during the `red' signal phase and recording a series of violation images that track the whole violation event from before the stop - bar and through to exiting the intersection. 4.1.2.2 `Scene' images will be captured to display the red signal in the vehicle's direction of travel. 10/25/04 N 5 4.1.2.3 The System shall be capable of capturing multiple, license plate images displaying the characters and numbers on reflectorized and non-reflectorized license plates. 4.1.2.4 The System shall be capable of capturing multiple driver's face images. 4.1.2.5 The System shall be capable of detecting and capturing evidence of violation by slow moving vehicles and long wheel base vehicles. There shall be no minimum `threshold speed' for effective monitoring and evidence capture. 4.1.2.6 In addition to monitoring straight through violations, the System shall be capable of detecting and recording evidence of left -turn violations, including violations by slow moving left -turn vehicles or `California stops'. 4.1.2.7 In addition to monitoring straight through violations, the System shall be capable of detecting and recording evidence of right -turn violations. 4.1.3 Camera Unit Housing The camera unit housing shall be a complete stand alone system mounted to a pole separate and independent of City's infrastructure and which shall be compatible with City's infrastructure. 4.1.3.1 Sealed to be weather, dust, water and spray resistant. 4.1.3.2 Securely lockable. 4.1.3.3 Finished in baked enamel, powder coated, or other similar weatherproof finish. 4.1.3.4 Capable of being securely mounted to a vendor supplied pole representing a stand alone system and compatible with City's intersection infrastructure by agreement with the City of La Quinta. 4.1.3.5 Shall neatly, internally contain all cable assemblies and terminal blocks. 4.1.3.6 Shall occupy a minimal space envelope with the longest side being no greater than 24" (and preferably smaller) to minimize negative aesthetic impact on the streetscape. 4.1.3.7 Shall locate system processors in separate securely locked cabinets to maximize protection for system operations and to facilitate maintenance without disruption to passing vehicle traffic. 4.1.4 Imaging Units 4.1.4.1 Each imaging unit's operation shall be microprocessor controlled and fully automatic. 10/25/04 3 4.1.4.2 Each unit shall record images at 30 frames per second or faster. 4.1.4.3 Units shall allow aperture adjustment. 4.1.4.4 Units shall support optional emergency monitoring of the intersection. 4.1.5 Traffic Signal Detection 4.1.5.1 The vendor will offer options for signal phase detection systems that do not require connection to the traffic signal controller in addition to opto-isolated detection systems for the City's selection. Any signal phase detection system shall be capable of: 4.1.5.2 Detecting and identifying each traffic signal phase. 4.1.5.3 Monitoring and recording the number of seconds during which the signal has been in the amber or red phase (to an accuracy of 0.01 of a second or better). 4.1.6 Violation Detection System. Any System to detect potential red light running violations shall be: 4.1.6.1 Non -intrusive i.e. not utilize in -road sensors or loops. 4.1.6.2 Modular and movable between enforcement sites. 4.1.6.3 Direction sensitive 4.1.6.5 Lane specific Capable of capturing multiple -image sets that may be reviewed to confirm vehicle presence prior to the stop bar during processing. Each of these images shall display a data bar as specified in 4.1.7.10. 4.1.6.6 Not based on estimated vehicle speed. 4.1.7 Camera System Operations The camera system shall: 4.1.7.1 Be capable of on -site or remote activation and maintenance support. 4.1.7.2 Allow for `delay into red' to be set before evidence of violations is recorded during the red signal phase, with the delay to be adjustable (in hundredths of a second or less). Delay into Red time to be determined by La Quinta Public Works Department in consultation with the La Quinta Police Department. 4.1.7.3 Record multiple -image sets for each of the `scene', `face' and license plate and face evidentiary requirements required to prove a violation. All images in each set shall display data bars as specified in 4.1.7.10. 10/25/04 4 7 4.1.7.4 All images in each set shall display data bars as specified in 4.1.7.10. 4.1.7.5 Record event -specific evidence to substantiate multiple, simultaneous and/or concurrent violations occurring during any red signal phase. 4.1.7.6 Count the number of violations. 4.1.7.7 Record dual -view scene image sets with one set showing a series of rear -shot views of the vehicle's approach to and travel in the intersection, and the second set showing clear, unobstructed views along the length of the stop bar to provide visual records of vehicle movement before and across the stop bar with time into red on the recorded data bar. 4.1.7.8 Allow a malfunction to be easily identified and debugged on-line. The system shall: 1. Perform self -test on set-up. 2. Simulate a violation being recorded for testing. 3. Communicate error messages. 4. Record time and date of system shutdown in the event of a malfunction. 4.1.7.9 Record data pertinent to each violation in a flexibly configured data bar that is embedded onto recorded image. With each scene, license plate, stop bar detection (and face) images that may be used to prove the violation. 4.1.7.10 The data bar embedded to violation images shall contain the following information for each violation. I. Unique violation identifier incorporating the City/County ID. 2. Location identifier (text) and preferably GPS co-ordinates 3. Date (MM/DD/YYYY) or (DD/MM/YYYY). 4. Time (24-hour clock). 5. Direction of travel. 6. Traffic signal phase. 7. Time into the `red' phase. S. Duration of the prior `amber' phase. 9. Vehicle lane of travel. 10. Technology supplier. 11. Camera ID. 4.1.7.11 Encrypt violation images and data to ensure security of primary evidence. 4.1.7.12 The system capture high quality images over 24 hours without requiring the use of white flash lighting. 4.1.7.13 Any illumination technology shall be modular and capable of easy relocation or replacement. 10/25/04 5 J 4.1.8 Violation Processing Technologies 4.1.8.1 There shall be no requirement to install vendor -processing software on the City's systems. 4.1.8.2 The Vendor will operate fully internet-enabled violation processing services with the functionalities described in 4.1.8.4 for the City and will pre-process violation evidence before making it available for police authorization before notice printing and issuance. Only events that have been authorized by assigned City Officers may progress to notice printing 4.1.8.3 All accesses to the violation processing system for the purpose of pre- processing evidence, police authorization, notice printing, payments tracking, and generation of courts evidence packages shall be internet enabled and shall be accessible 24 X 7 as convenient for authorized users. 4.1.8.4 The violation processing system shall provide the following functionalities: 10/25/04 1. Internet web -enabled access and operation. 2. Secure user log -in and access control procedures. 3. Processing support for both red light and/or speed enforcement and ticketing as may be applicable. 4. Automatic presentation of images and data captured by the camera system onto review PC's. 5. Easy review of violation evidence against local regulations. 6. Ability to both view individual frames in any sequence and to `play' multiple -image sets and record as a `movie' display. Scene, plate, stop bar detection validation and face record as video display and ability to view individual frames in any sequence. 7. Ability to select two images from the multiple -image rear -shot scene set to `prove' the violation (and subsequently printing these to the notice). 8. Ability to `crop' a license plate image area from the optimal license plate image in the multiple -image license plate set to establish vehicle ID, and subsequently print the cropped plate area image to the notice. 9. Ability to `crop' the driver's face area only from the optimal frontal -shot vehicle image in the multiple -image frontal face set to establish driver ID, and subsequently print this to the notice. 10. If the rear -shot scene image of the vehicle prior to the stop bar on red is obscured for any reason, the ability to review an additional image set that displays clear views of vehicle movement along the length of the stop bar (intersection line) i.e. across the direction of travel. 11. Ability to `accept' or `reject' violation sets and record rejection reasons. 0 0 12. Ability to review `accepted' violation sets for Police Authorization purposes and select alternative scene images to prove the violation if desired. 13. Ability to generate printed warning letters (during the first 30 days of program operations at the Authority's discretion). 14. Ability to automatically generate printed traffic notices. 15. Ability to automatically print authorized violation images (2 scene images, the cropped license plate image and optionally, a cropped driver's face image) to the notice. 16. Ability to store and archive all processed violation evidence into a secured database. 17. 24X7 ability to access any stored violation image from the system database subject to agree archived rules. 18. 24X7 ability to request and immediately view Courts Evidence Package image sequences displayed as video or as individual high resolution still shots or send selected images to printing locally. 19. Ability to support public viewing requests. 20. 24X7 ability to immediately view and print standard and City defined `wizard' reports. 21. Secured access control and automatically generated Electronic Audit Trails. 22. Encryption and decryption management. 4.1.8.5 The vendor's processing system shall be capable of immediately generating operations reports 24X7 including: 1. Number of violations recorded. 2. Count of violations where notices not prepared. 3. Notices prepared and mailed. 4. Status of notices issued (outstanding, canceled, reissued and so forth). 4.1.8.6 Contractor's system must be capable of exporting data and images to Microsoft Programs (word or Excel) or export them in standard file formats for use in other programs (.txt, Jpeg, bmp, etc...). 10/25/04 V/ 10 4.1.8.7 The vendor shall also supply reports of. 1. Camera equipment hours of service and hours lost. 2. Number and description of camera or other equipment malfunctions. 4.2 PROGRAM SERVICES 4.2.1 Training Requirements The Contractor will provide all training in the operation of the proposed technologies system to assigned City Personnel. The Contractor will provide the training to all personnel in a classroom setting not to exceed 8 people per class. The Vendor will specify requirements for training delivery and training program assets to be provided. 4.2.2 Public Relations Support Services The Contractor will provide professionally resourced public information support services to include strategy development, the production of proposed program assets (to be specified by the Vendor). The public relations campaign will be consistent throughout the contract period. The Vendor shall describe how its proposed solution will enhance public support for program operations. 4.2.3 Expert Witness Testimony The Contractor will provide, at its own expense, Expert Witnesses to testify as to the accuracy, operations and reliability of the red light camera system and related equipment for contested violations and will propose additional services to reduce the incidence of contests and to efficiently manage likely contests. 4.2.4 California Customer Support Services Customer support services will be provided by the Contractor through its own customer support facility to be located within California. 4.2.4.1 Prompt system maintenance services to all installed technologies. 4.2.4.2 Expert consultancy services to support selection of enforcement sites. 4.2.5 System Verification System reliability for reporting violations shall be consistently demonstrated. Contractor shall provide evidence of proper system operation on a quarterly basis to ensure there are no "false" violations recorded. 10/25/04 8 11 5. REVENUE SHARING AGREEMENT The Contractor shall provide, install, operate, maintain and support all equipment including, but not limited to, poles, cabinets and related operational equipment at the selected intersections at no cost to the City. A complete description of the equipment proposed and approaches covered shall be furnished with the proposal. Contractor shall propose a revenue sharing agreement with the City based on violations at the selected intersections. The agreement shall be �. no cost the City for Please put your Proposed Revenue Sharing Agreement information in a separate envelope within your main proposal envelope and mark it PROPOSED REVENUE SHARING A GREEMENT. 6. Proposal Format Proposals (work proposal and revenue sharing proposal) are to be submitted in separate envelopes, clearly marked with the consultant's name, address and phone number. Only one proposal per consultant will be considered. Pre -proposal conference is scheduled for April 12, 2006 at 10:00 a.m./p.m. in the North Conference room of the La Quinta Civic Center (78-495 Calle Tampico, La Quinta, CA 92253) Proposal packages are to be submitted to the City on/or before April 28, 2006 at 5:00 p.m. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: Timothy R. Jonasson, P. E. Public Works Director City Engineer City of La Quinta Public Works Department 78-495 Calle Tampico La Quinta, CA 92253 Attention: Nick Nickerson, Project Manager Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items: 6.1. Work Proposal (envelope 1) — submit six copies A. Cover Letter 10/25/04 0 Deleted: based on Deleted: to Deleted: any part of the Red Light Camera Enforcement Program Deleted: . 12 (1) The name, address and phone number of the consultant's contact person for the remainder of the selection process. (2) Any qualifying statements or comments regarding the consultant's proposal, the information provided in the RFP or the proposed contract. (3) Identification of sub -consultants and their responsibilities. B. Statement of Qualifications (1) A listing of proposed project personnel, including personal experience and resumes for prime and sub -consultants. (2) Consultant's and sub -consultant experience with similar work, including names and current phone numbers of reference for listed projects. (3) Identify the location of and service capabilities available through the nearest Contractor office. (4) Provide three (3) references for which you provide the proposed program technologies. List agency name, street address, phone number, and contact name and e-mail details for program references. If reference sites operate a different technical solution, clearly identify the differences between the site's technical solution and this RFP's technical specification. (5) Provide samples of current Vendor generated program literature to include at least sample notices, court, Deleted: s documentation and public information/community relations materials from reference programs. C. Project Understanding and Approach A description of your project understanding and how you will approach the project. D. Scope of Work Program A description of the tasks, sub -tasks, and deliverables that will be provided. Clearly identify any variation or non-compliance with the RFP's program specifications. E. A proposed project schedule should be included in the contractor's proposal which clearly outlines the timing for the installation of all equipment and or the performance of any activity necessary for the program's operation and use. 10/25/04 10 13 F. Provide samples of current contractor generated program literature to include at least sample notices, courts documentation and public information/community relations materials from reference programs. G. Provide any relevant warranty information. H. Confirm that all specified program criteria described in Section 4 Scope are met by the proposed system. Specifically identify any areas of departure or non-compliance with reference to UP numbering of this document. 6.2 Revenue Sharing Agreement Proposal (envelope 2) — submit 2 copies The contractor shall submit a detailed Revenue Sharing Agreement proposal anticipated for the period of performance of this project. The proposed agreement shall outline in detail the benefits expected for the City and the benefits expected for the contractor. 7 Selection Process Proposals will be reviewed by a Selection Committee. The Committee will rank the consultants for contract negotiations based upon the materials submitted within the Work Proposal. The Committee may choose to interview two or more closely ranked firms. Revenue Sharing Agreement proposals will be opened only after the ranking process is complete. The City will open contract negotiations with the top ranked firm. 10/25/04 11 14 Pricing Proposal City of La Quinta Red Light Camera Enforcement Program Project No. 2004-06 1. Proposal on Specifications as outlined: (Circle one) Yes No 2. Revenue Sharing Agreement a. Benefits to the City of La Quinta b. Benefits to the Contractor 3. Any special terms being proposed. PROPOSAL SUBMITTED FROM: Company: Contact: Registered Office Address: Phone: Email: Authorized Representative (Print or Type) 10/25/04 Authorized Representative Signature 12 15 4 C4J OF COUNCIL/RDA MEETING DATE: March 21, 2006 ITEM TITLE: Consideration of a Relocation Plan for the Dune Palms Road Development RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: �d Approve the Relocation Plan for the Dune Palms Road Project and authorize the City Manager to submit the Relocation Plan to the State Department of Housing and Community Development. FISCAL IMPACT: Implementing the Relocation Plan will result in the expenditure of up to $140,000 for resident relocation costs. Funds are available from the Redevelopment Agency's Project No. 2 Low- and Moderate -Income Housing Fund account. BACKGROUND AND OVERVIEW: Since 1993, the La Quinta Redevelopment Agency has been actively implementing affordable housing projects and programs that rehabilitate existing, and produce new, affordable housing units. During this period, the Agency has secured 1,031 dwellings that will remain affordable to very -low, low -and moderate -income households for 30 to 55 years. The Agency is currently completing an Affordable Housing Agreement with the Coachella Valley Housing Coalition (CVHC) that will generate an additional 218 very -low and low-income dwellings. However, residential build out in both Redevelopment Project Areas forecast that the Agency will need a total of 1,994 affordable dwellings by 2036. The existing affordable dwellings combined with the proposed 218 CVHC dwellings will generate a total of 1,294 dwellings, leaving a need for 700 additional units. In September 2005, the Agency Board directed staff to contact property owners in the Dune Palms Road corridor (north of the Whitewater River and south of Westward Ho Drive) to ascertain their interest in selling their property to the Agency so that properties may be assembled to accommodate affordable housing development. Three owners expressed interest and Agency staff is in the process of negotiating property purchases. Staff is continuing to discuss purchase options with the remaining three owners. Two of the three properties that staff is negotiating purchase agreements with are owner -occupied single family residences. Prior to considering property purchase agreements, the California Community Redevelopment Law and the California Relocation and Real Property Acquisition Guidelines require the Agency to prepare and submit a relocation plan for City Council review and approval. Attachment 1 is the Relocation Plan for the Dune Palms Road properties for Council consideration. The Relocation Plan presents: • Survey data concerning the demographic characteristics and present circumstances of the affected residents and their relocation needs • An assessment of the availability of comparable replacement housing within the City of La Quinta and the surrounding community The steps and procedures the Agency will follow to ensure a fair and equitable relocation program An estimate of the potential relocation costs. The data presented in the Relocation Plan was compiled through a series of interviews conducted in February 2006. The two households are occupied by owner occupants, consisting of five adults. One dwelling is occupied by a three adults who are above moderate -income and English speaking. The second home is occupied by two adults 62 years of age or older who are Spanish speaking and are also above moderate -income. Both households indicated a desire to relocate either to another La Quinta property, or to homes located in Palm Desert. The Relocation Plan also details the relocation assistance program and the scope of the relocation benefits. The relocation assistance program generally entails: • Informing residents of their relocation rights and the scope of the relocation benefits • Determining each household's specific housing needs • Identifying and updating information on replacement housing opportunities • Identifying Federal, State and other governmental agency housing program assistance • Assisting each person with completing relocation assistance applications • Assisting each displacee with finding replacement housing opportunities • Providing relocation payments in accordance with all State standards • Establishing an appeal procedure with respect to disputes over relocation benefits. � WW The scope of relocation benefits entails: • Providing moving expense payments based upon the actual cost of using a professional mover or based upon a fixed payment schedule if residents elect to move themselves • A home purchase price differential payment based upon the difference between the appraised value of the resident's home and the cost to purchase a comparable replacement dwelling • Mortgage interest differential payments to compensate for a loss if the owners can demonstrate that their existing loans are at better financing terms than current market terms. • Incidental expense payments including legal, closing cost title and other costs related to purchasing a comparable replacement dwelling. The total relocation costs are estimated to range from $98,000 to $140,000. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the Relocation Plan for the Dune Palms Road Project and authorize the City Manager to submit the Relocation Plan to the State Department of Housing and Community Development; or 2. Do not approve the Relocation Plan for the Dune Palms Road Project; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas vans Community Development Director Approved for submission, Thomas P. Genovese, City Manager Attachments: 1 . Relocation Plan � 3G ATTACHMENT #1 DUNE PALMS ROAD RELOCATION PLAN LA QUINTA REDEVELOPMENT AGENCY (q RS INTELLIGENT COMMUNITY DEVELOPMENT 7 DUNE PALMS ROAD RELOCATION PLAN LA QUINTA REDEVELOPMENT AGENCY CONTENTS OF THIS RELOCATION PLAN INTRODUCTION......................................................................................................1 A. ASSESSMENT OF NEEDS............................................................................2 B. REPLACEMENT HOUSING RESOURCES.................................................3 C. CONCURRENT RESIDENTIAL DISPLACEMENT.....................................3 D. TEMPORARY HOUSING................................................................................3 E. PROGRAM ASSURANCES AND STANDARDS.........................................3 F. RELOCATION ASSISTANCE PROGRAM...................................................4 G. CITIZEN PARTICIPATION/PLAN REVIEW................................................4 H. RELOCATION BENEFIT CATEGORIES.....................................................5 1. PAYMENT OF RELOCATION BENEFITS...................................................7 J. APPEALS POLICY..........................................................................................7 K. PROJECTED DATES OF DISPLACEMENT................................................7 L. ESTIMATED RELOCATION COSTS............................................................7 G:1RSG\LaQuinta\Dune Palms Road Acq\Relocation Plan\Dune Palms Relocation Plan - Final.DOC r,3 fw DUNE PALMS ROAD RELOCATION PLAN INTRODUCTION The La Quinta Redevelopment Agency ("Agency") established Project Area No. 2 in May, 1989 to provide a mechanism to remove impediments to commercial and residential development, to address public infrastructure and facility deficiencies, and to increase and improve the community's supply of affordable housing. The properties along Dune Palms Road ("Project Site") are within Project Area No. 2 and are being considered by the Agency as a site for the development of affordable housing. This action may result in the purchase and development of properties within the Project Site and as a result, some housing will be affected and two households will have to be permanently displaced. The acquisition of the Project Site will be pursued pursuant to negotiated acquisition by property owners. The location of the housing, which is the subject of this plan, is generally described as being located near the southeast corner of Dune Palms Road and Westward Ho Drive and is more particularly described as Assessor Parcel Numbers 649-040-005, 649-040-004, and 649-040-012. The location is displayed on Attachment 1 a and 1 b. The purpose of this Relocation Plan ("Plan") is to describe the affected buildings and occupants and to discuss the Relocation Assistance that will be made available to the occupants. Rosenow Spevacek Group, Inc. ("RSG") has prepared and will administer the Plan under the direction of the Agency and will act as the relocation consultant for this Plan. This Plan provides the results of a needs assessment survey, a housing resource study, and details of the Agency's proposed relocation assistance program. Furthermore, this Plan sets forth policies and procedures necessary to conform with statutes and regulations established by the California Relocation Assistance Law, California Government Code section 7260 et seq. ("CRAL") and the California Relocation Assistance and Real Property Acquisition Guidelines, Title 25, California Code of Regulations, chapter 6, section 6000 et seq. ("Guidelines"). No displacement activities will take place prior to the required reviews and approval of this Plan. ROSENOW SPEVACEK GROUP INC. PAGE 1 nn ��J DUNE PALMS ROAD RELOCATION PLAN A. ASSESSMENT OF NEEDS To obtain information for the preparation of this Plan, personal interviews were conducted with the two households living in the Project Site. The inquiries made of each household concerned household size and composition, income, length and type of occupancy, ethnicity, home language, disabilities/health problems, and replacement housing preferences. Interviews were conducted on -site from February to March, 2006. The descriptive data in this Plan are based solely on the responses provided by the households. No attempt was made to qualify income or other information provided by residents. Occupancy/Overcrowding The population consists of 5 adults all residing in two- or three -bedroom homes. Income Income information was provided by both of the households. According to income standards for the County of Riverside (Attachment 2), adjusted for family size as published by the United States Department of Housing and Urban Development ("HUD"), both households are categorized as above moderate income. Ethnicity/Language The Project Site households identified themselves as Caucasian (3) and Hispanic (2). The households reported the primary language as English (3) and Spanish (2). Senior/Handicapped Households There are two seniors (62 years or older) and no handicapped individuals. None of the households indicated that they require any special accommodates or have any specific facility needs. Table 1, shows some of the household characteristics and needs. Table 1: Housing Description Occu ncy I Houshold Size Room Count Ethnicity Language Seniors Income Levels Owners Tenant Adults Children Bedrooms Bath I Total ICaucasian lHispanic JEnglish ISpanish Yes n/a 2 1 0 2 2.25 1 6 1 n/a 2 n/a 2 n/a Above Moderate Yes n/a 3 1 0 3 2.50 1 8 1 3 n/a 3 n/a Yes Above Moderate Source. Survey of property owners The Project Site The Project Site is situated on the southeast corner of Dune Palms Road and Westward Ho Drive. La Quinta High School is directly in front of the Project Site and Amelia Earhart Elementary School, and John Glen Middle School are within short driving distance. The Project Site is located within close proximity to a community park, a Fire Station, shopping centers, and grocery stores. ROSENOW SPEVACEK GROUP INC. PAGE 2 r) 9 DUNE PALMS ROAD RELOCATION PLAN Preferred Relocation Areas and Location Needs The Project Site residents expressed a desire to remain in La Quinta or relocate to Palm Desert. However, they also indicated a willingness to relocate to other Desert communities. Both households are only interested in home ownership. No additional or special relocation needs (i.e. proximity to public transportation, employment, schools, medical facilities, public/social services and agencies, recreational services, parks, community centers, and shopping) were expressed by either household. B. REPLACEMENT HOUSING RESOURCES A resource survey was conducted between February and March, 2006 to identify available comparable, decent, safe, and sanitary units available in close proximity to the Project Site. One three -bedroom unit, and one two -bedroom unit, are required to adequately relocate the Project Site households. Replacement property was identified in consultation with a local realtor, through internet research, and MLS searches. The survey focused on confirming the availability of comparable, decent, safe, and sanitary units, which contain the required minimum number of bedrooms, an area of adequate size for each household, and an area comparable with respect to the number of rooms and habitable living space. Attachment 3a and 3b provide lists of comparables (as defined in Guideline section 6008) in La Quinta and Palm Desert based on the results of the homeowner surveys. The replacement houses have a similar lot size and living area to the homeowners original property and are located in the desired communities. C. CONCURRENT RESIDENTIAL DISPLACEMENT There are no other known projects currently underway that will compete for similar replacement housing in the City of La Quinta. D. TEMPORARY HOUSING There is no anticipated need for temporary housing because relocation will not occur until the Agency has entered binding agreements to acquire the property from the owners and it is expected that the owners shall acquire replacement housing prior to moving from the Project Site. Should such a need arise, the Agency will respond appropriately and in accordance with all applicable laws and requirements. E. PROGRAM ASSURANCES AND STANDARDS Adequate funds are and will be made available to accommodate the payment of all required relocation benefits. Services will be provided to ensure that displacement does not result in different or separate treatment of households based on race, nationality, color, religion, national origin, sex, marital status, familial status, disability or any other basis protected by the federal Fair Housing Amendments ROSENOW SPEVACEK GROUP INC. PAGE 3 DUNE PALMS ROAD RELOCATION PLAN Act, the Americans with Disabilities Act, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the California Fair Employment & Housing Act, and the Unruh Act, as well as any other arbitrary or unlawful discrimination. No one will be displaced without 90 days notice and unless "comparable" replacement housing can be located and is available. "Comparable" housing includes standards such as: decent, safe, and sanitary (as defined in § 6008(d) of the Guidelines); comparable as to the number of bedrooms, living space, and type and quality of construction of the acquired unit but not lesser in rooms or living space than necessary to accommodate the displaced household; in an area that does not have unreasonable environmental conditions; not generally less desirable than the acquired unit with respect to location to schools, employment, health and medical facilities, and other public and commercial facilities and services; and within the financial means of the displaced household as defined in section 6008, subdivision (c)(5) of the Guidelines. The relocation program to be implemented by the Agency conforms to the standards and provisions set forth in Government Code section 7260 et seq., the Guidelines, California Health and Safety Code section 33410 et seq., if applicable, and all other applicable regulations and requirements. F. RELOCATION ASSISTANCE PROGRAM Staff is available to assist any displaced household with questions about relocation and/or assistance in relocating. Andrea Castro, the Acquisition Coordinator can be contacted at (760) 765-3070 extension 102 from 8:30 am to 5:00 pm, Monday through Friday. A comprehensive relocation assistance program, with technical and advisory assistance, will be provided to the households being displaced. Close contact will be maintained with each household. Specific activities will include: Distribution of an informational brochure. (see Attachment 4) 2. Timely referrals to at least three comparable replacement units as defined above and, if necessary, transportation will be provided to inspect potential replacement units. 3. Assistance with completion and filing of relocation claims, loan applications, and appeals forms, if necessary. G. CITIZEN PARTICIPATION/PLAN REVIEW This Plan will be provided to each household and will be made available to the public for the mandatory thirty (30) day review period. Comments to this Plan will be included as a Plan addendum prior to submission for approval before the Agency. A copy of the approved Plan will be forwarded to the California Department of Housing and Community Development ("HCD"). ROSENOW SPEVACEK GROUP INC. PAGE 4 n I r) " ;� 04 DUNE PALMS ROAD RELOCATION PLAN H. RELOCATION BENEFIT CATEGORIES Relocation benefits will be provided in accordance with the CRAL, the Guidelines, and all other applicable regulations and requirements. Benefits will be paid upon submission of required claim forms and documentation in accordance with approved procedures. The Agency will provide appropriate benefits for each displaced household as required by law. Residential Moving Expense Payments The subject households will be eligible to receive a payment for moving expenses. Payments will be made based upon either a fixed room count schedule or an invoice for actual reasonable moving expenses from a licensed professional mover. The method of moving expense, payments may be selected by the household. Fixed Payment - A fixed payment for moving expenses based on the number of rooms containing furniture or other personal property to be moved. The fixed moving payment will be based upon the most recent Federal Highway Administration schedules maintained by the California Department of Transportation. (See Attachment 5) •a Actual Reasonable Moving Expense Payments - The displaced households may elect to have a licensed, professional mover perform the move; if so, the Agency will pay for the actual cost of the move up to 50 miles and all reasonable charges for packing, unpacking, insurance, and utility connection charges. The payment will be made directly to the mover or as reimbursement to the displaced household. Assistance to Homeowners It is anticipated that two homeowner households will be displaced. Displaced homeowners will be eligible for relocation replacement housing payments if the following conditions are met: a. The household has owned and occupied their unit for not less than 180 days prior to the "Initiation of Negotiations." and b. The household purchases and occupies a replacement unit within one year from: (i) the date that the household receives the final payment from the Agency for all the costs of the acquired unit - or- (ii) the date that the household vacates the acquired unit, whichever is later. Displaced homeowner households will receive assistance in locating a "comparable replacement" unit and will be eligible for the following benefits: ROSENOW SPEVACEK GROUP INC. PAGE 5 r- 9 DUNE PALMS ROAD RELOCATION PLAN 1. Purchase Price Differential: The displaced households will be entitled to receive an amount equal to the difference between the price paid for the acquired unit and the amount required to purchase a "comparable replacement" unit. The Agency will utilize a Comparative Method (as explained in section 6102 of the Guidelines) to calculate any price differential. Comparative Method: On a case -by -case basis, the Agency will determine the price of a "comparable replacement" unit, which is most representative of the acquired unit, by selecting and considering the listing price of at least three (whenever possible) "comparable replacement" units. (25 Cal. Code Regs. Sec. 6102 (c)(1)(A)(1).) The Price Differential is the difference between the acquisition cost of the displacement dwelling and the lesser of the following two amounts: • The price the displaces actually paid for the replacement dwelling; or • The price of a comparable dwelling as determined by the Agency. 2. Other Payments: Moreover, displaced homeowners will receive the following assistance: (a) Payments to cover the cost between the difference of the household's current debt or mortgage service and any increase in debt or mortgage costs necessary to acquire a "comparable replacement" housing unit; and (b) Incidental and reasonable one-time costs for acquiring a replacement unit, such as escrow costs, and recording and credit reporting fees. 3. Rental Assistance Option: If a displaced homeowner household, which has purchased and occupied its current unit at least 180 days prior to the "initiation of negotiations," desires to rent instead of purchase a replacement unit, the household is eligible for all the benefits and assistance that is available to tenant households. However, such replacement housing payments may not exceed the payments the household would have been entitled to if it had elected to purchase a replacement unit. 4. Last Resort Housing Payments: There is currently sufficient comparable replacement housing for homeowner households and the Agency does not anticipate a lack of sufficient comparable replacement housing in the near future. However, should such a situation arise, the Agency will respond appropriately and in conformance with all applicable laws and requirements. ROSENOW SPEVACEK GROUP INC. PAGE 6 9:! 4 DUNE PALMS ROAD RELOCATION PLAN 1. PAYMENT OF RELOCATION BENEFITS Relocation benefit payments will be made expeditiously. Claims and supporting documentation for relocation benefits must be filed with the Acquisition Coordinator within eighteen (18) months from: (i) the date the claimant moves from the acquired property; -or- (ii) the date on which final payment for the acquisition of real property is made, whichever is later. The Acquisition Coordinator will then submit the relocation benefit claim form to the City Finance Department for review and payment, if appropriate. Failure to submit claims within the 18 month period will prevent the Agency from paying such claims. No household will be displaced until "comparable" housing is located as defined above and in section 6008, subdivisions (c) and (d) of the Guidelines. Relocation staff will inspect any replacement units to which referrals are made to verify that they meet all the standards of decent, safe, and sanitary as defined in section 6008, subdivision (d) of the Guidelines. However, no household will be denied benefits if it chooses to move to a replacement unit which does not meet the standards of decent, safe, and sanitary housing. J. APPEALS POLICY The appeals policy will follow the standards described in section 6150 et seq. of the Guidelines as supplemented by the Agency's approved Grievance Procedures(See Attachment 6). Briefly stated, the displaced household will have the right to ask for a review when there is a complaint regarding any of its rights to relocation and relocation assistance, such as a determination as to eligibility, the amount of payment, or the failure to provide a comparable replacement housing referral. The request for review must be made within eighteen (18) months from: (i) the date the claimant moves from the acquired property; -or- (ii) the date on which final payment for the acquisition of real property is made, whichever is later. Failure to make a timely request for review will result in your request being denied. K. PROJECTED DATES OF DISPLACEMENT Households will receive a 90 day notice to vacate before they are required to move. These notices are expected to be issued on or about July, 2006. Relocation is expected to be completed for all households on or about October, 2006. L. ESTIMATED RELOCATION COSTS The Agency anticipates using the following funds for the Project: • Project Area No. 2, Low and Moderate Housing Funds ROSENOW SPEVACEK GROUP INC. PAGE 7 DUNE PALMS ROAD RELOCATION PLAN The following estimates are for budgeting purposes only. These figures should not be interpreted as firm, "not to exceed" or actual entitlement costs. These figures are based on the data obtained through occupant interviews, replacement site availability, market rate research, and the judgment of the Agency staff. They do not include payments to consultants or to contractors. Any and all required financial assistance will be provided. The budget estimate is: Table 2: Project Cost Estimate Most Probable Cost $51,064 High Estimate $94,679 ROSENOW SPEVACEK GROUP INC. PAGE 8 10 p �t DUNE PALMS ROAD RELOCATION PLAN INDEX OF TABLES & ATTACHMENTS TABLES Table 1: Housing Description Table 2: Estimated Relocation Costs ATTACHMENTS Attachment 1 a: Regional Site Map Attachment 1 b: Project Site Map. Attachment 2: HUD Income Category Limits for Riverside County Attachment 3a: Housing Resource Survey — Two Bedroom Comparables Attachment 3b: Housing Resource Survey — Three Bedroom Comparables Attachment 4: Relocation Assistance To Displaced Homeowner Occupants (Brochure) Attachment 5: Fixed Payment Moving Schedule. Attachment 6: Grievance Process ROSENOW SPEVACEK GROUP INC. PAGE 9 Indian Wells f'.` HIV im now ,_; 13, r) O�w '. Q i S Rf O V Z Q a) Q L w O p 30 O (O m w = U to 69 Q O L N 01 E N 3 U O O O p c LO (n O _ — O0 U) 00 f� V (D C 3 N V (O O N C a v CD E o) � 3 0 a)> 0 0 U J O C a7 m U > m (D n O C -O N N N n (O p O 3O (O CO0 _ = U Q O t N ar E N 3 0 0 O 0 O C LO O O S — o (O O O C 3 N V (O 0 c 6�) 61) V» ` C d Q a CU m a) 3 a) E o) 3 O N 0 U J c O a) 0 m T — L f0 C N O O a0 N C 3 0 O 40 Q = (� v O L N E 3 O O O C)O LO l0 U') S c N (O V C 6 N (O M N co (O O oy rA tIi N C aJ Q a N T 3 � a) E 0) -, 3 a0Ti O N O .0 C (0 N J O U > O M '� P- N C 0000 p O O V (C)_ er Q = 69 O t A _0 3 E 0 0 0 O OLo S 1 C to N n C — O) (0 O M V N 3 v� ca (» L c LO v c a Q 7. m o V a� o 0) J m 3 U O N C l0 a) 0 U > p a� Trn Lr -C(p .0 -- M M ui C O N K N M 0 0 3 O m O L N IA E = E 0 O O O O c L) LO O O _ c 1— 00 N C (0 (D O co O 3 (» (» a0 N c L c ar Q a 00 y 3 cu cu E o, � 3 0 m 0 a) U J (0 O C a) U > m L a M a0 O IN N 0 0 p 6 � Q = O w N IA E 0 0 0 0 O L) 0 (n (O S _ )O N OD C m 'It (O N co O 3 Vi LO o N c L C w Q a IL n CD 3 a) E a) -, 3 2 U J 0 C a7 m 0 U > a) G O O 0 O O 6 r N O L N a• IA E 3 O O O O O U O O O 2 CO- r- u') C lD N n 0 3 M (n n y C d9 L C a � Q a l0 a) E °' J 3 O N O U J c a) a) O U > m Il N aD C: o rn p O O Vi O S a () '^ 4 E O U Lr)O C) C) C 0 O l0 — C m O 00 N O 3 M V n c �if) c as Q a Ln m E o) _j 3 C) N O U J U > C Co a) i {{ Attachment 3a: Housing Resource Survey Two Bedroom Comparables Address Type Sales Price Bedroom/Baths 44095 Calico Cir., La Quinta Single Family $395,000 3/2 73083 Santa Rosa Way, Palm Desert Single Famil $3951900 3/2 78760 Nolan Cir, La Quinta Sin le Family$ 425,000 3/2 Note: Based on the assessed value of subject property, listings of comparable sales within the target price range were comprised of three -bedrooms. Available two -bedroom dwelling did not meet square footage and sales price criteria. Attachment 3b: Housing Resource Survey Three Bedroom Comparables Address Type Sales Price Bedroom/Baths 53720 Avenida Carranza, La Quinta Single Family $510,000 3/2 43621 Palmero Ct., La Quinta Single FamlIV $514,900 3/2 78605 Sanita Drive, La Quinta ISingle Family $ 525.000 4/3 Attachment 4 City of La Quinta Redevelopment Agency RELOCATION ASSISTANCE TO DISPLACED HOMEOWNER OCCUPANTS Introduction This booklet describes the relocation payments and other relocation assistance provided under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended ("URA") to most homeowners whose home is acquired by the City of La Quinta Redevelopment Agency ("Agency"). To be eligible for the assistance described in this booklet, you must have owned and occupied your home for at least 180 days before the Agency offered to buy it. If you are notified that your home will be acquired and you will be displaced, it is important that you do not move before you learn what you must do to receive the relocation payments and other assistance to which you are entitled. This booklet may not answer all of your questions. If you have more questions, contact the Agency. (Check the back of this booklet for the name of the person to contact at the Agency.) Ask your questions before you move. Afterwards, it may be too late. Summary of Relocation Assistance As an eligible displaced homeowner occupant, you will be offered the following advisory and financial assistance: Advisory Services. This includes referrals to comparable replacement homes, the inspection of replacement housing to ensure that it meets established standards, help in preparing claim forms for relocation payments and other assistance to minimize the impact of the move. Payment for Moving Expenses. You may choose either a: ❖ Payment for Your Actual Reasonable Moving and Related Expenses, or ❖ A Fixed Moving Payment, or ❖ A combination of both, based on circumstances. Replacement Housing Payment. To enable you to buy or, if you prefer, rent a comparable replacement home, you may choose either: "e) ❖ Purchase Assistance, or ❖ Rental Assistance. If you disagree with the Agency's decision as to the relocation assistance for which you are eligible, you may appeal that decision as provided by the Agency's Grievance Procedures and state HCD Grievance Guidelines. General Questions Will I Be Paid For My Property Before I Have To Move? If you reach an agreement to sell your property to the Agency, you will not be required to move before you receive the agreed purchase price. If the property is acquired through an eminent domain proceeding, you cannot be required to move before the estimated fair market value of the property has been deposited with the court. (You should be able to withdraw this amount immediately, less any amounts necessary to pay off any mortgage or other liens on the property and to resolve any special ownership problems. Withdrawal of your share of the money will not affect your right to seek additional compensation for your property.) Will I Have To Pay Rent To The Agency Before I Move? You may be required to pay a fair rent to the Agency for the period between the acquisition of your property and the date that you move. The rent will not exceed that charged for the use of comparable properties. How Will I Know I Am Eligible For Relocation Assistance? You should receive a written notice explaining your eligibility for relocation assistance. You will become eligible for relocation assistance on the date you receive the Agency's written offer of "just compensation" to purchase your home. You should not move before receiving that purchase offer. If you do, you may not receive relocation assistance. How Will The Agency Know How Much Help I Need? You will be contacted at an early date and personally interviewed by a representative of the Agency to determine your relocation needs and preferences for replacement housing and advisory services. The interviewer will ask certain questions about you and other members of your household. It is to your advantage to provide the information so that the Agency can assist you in moving with a minimum of hardship. The information you give will be kept in confidence. How Soon Will I Have To Move? If possible, a mutually agreeable date for the move will be worked out. You will be given enough time to make plans for moving. Unless there is a health or safety emergency, you will not be required to move without at least 90 days advance written notice of (1) at least one "comparable replacement home" that is available to you and (2) the earliest date by which you must move. What Is A Comparable Replacement Home? A comparable replacement home is: • Decent, safe, and sanitary. • Functionally equivalent to your present home. • Actually available for you to buy. • Affordable. • Reasonably accessible to your place of employment. • Generally as well located with respect to public and commercial facilities, such as schools and shopping, as your present home. • Not subject to unreasonable adverse environmental conditions. • Available to all persons regardless of race, color, religion, sex, or national origin. What is Decent, Safe, and Sanitary Housing? Decent, safe, and sanitary housing is housing that: • Meets local housing and occupancy requirements. Additionally, it is housing that: • Is structurally sound, weather tight, and in good repair. • Contains a safe, adequate electrical wiring system. • Has adequate living space for the occupants. • Has a kitchen with a sink, hot and cold running water, and connections for a stove and refrigerator. • Has a separate, complete bathroom with hot and cold running water and sewage system. • Has heating as required by climatic conditions. • Has an unobstructed exit to safe, open space at ground level. • Is free of any barriers that would preclude your reasonable use of the unit, if you are a person with a physical disability. 0 Will The Agency Help Me Find A Replacement Home? Yes. You will be provided with referrals to comparable replacement housing. If possible, you will be referred to at least three comparable replacement homes. The maximum financial assistance for which you may qualify will be based on the cost of the most representative comparable replacement home that is available to you. When the Agency gives you its initial written purchase offer, it will typically inform you at that time, or shortly thereafter, of your eligibility for relocation assistance, identifying the most comparable replacement home and explain the maximum amount of relocation assistance available to you. Once the Agency representative has a clear understanding of your needs and preferences, he or she will work with you to assure that you are given the best possible choice of housing and offer you transportation to inspect these units. If there is a mortgage on your present home, the Agency will refer you to lenders that can provide mortgage financing for your new home. If the money paid for your old home is applied to the purchase of your new home, there should not be any increase in the number or amount of your monthly payments for mortgage interest and principal. What If I Find My Own Replacement Housing? You have every right to find your own replacement housing. However, before you buy or rent, ask the Agency to inspect the unit to make sure that it is decent, safe, and sanitary. If the housing unit is not decent, safe, and sanitary, you will not receive a replacement housing payment. What If I Encounter A Problem In Obtaining Housing Of My Choice? If you encounter a problem in buying or renting housing of your choice, notify the Agency immediately. The Agency will look into the matter and try to resolve it. You will receive this help whether you were referred to the housing unit or found it yourself. If you are unable to buy or rent a housing unit because of discriminatory practices on the part of a real estate broker, rental agent, lender, or a property owner, the Agency will help you file a formal housing discrimination complaint with the U.S. Department of Housing and Urban Development or the appropriate State or local fair housing agency. What Other Services Will I Receive? In addition to help in obtaining a comparable replacement home, other assistance, as necessary, will be provided in order to minimize the impact of your move. This assistance may include referral to appropriate public and private agencies that provide services concerning housing financing, employment, health, welfare, or legal assis- tance. The range of services depends on the needs of the person being displaced. You should ask the Agency representative to tell you about the specific services that will be available to help you and your family. What Is a Payment For Actual Reasonable Moving And Related Expenses? You are entitled to a relocation payment to cover the actual reasonable cost of your move. If you choose a Payment For Actual Reasonable Moving And Related Expenses, you may include in your claim the reasonable costs for: • Transportation for you and your family. • Packing, moving and unpacking your household goods. • Disconnecting and reconnecting household appliances and other personal property (e.g., telephone and cable TV). • Storage of household goods, as may be necessary. • Insurance for the replacement value of your property during the move and necessary storage. • The replacement value of property lost, stolen or damaged in the move (but not through your neglect) if insurance is not reasonably available. The Agency will explain all eligible moving costs, as well as those which are not eligible. You must be able to account for any costs that you incur, so keep all your receipts. Select your mover with care. The Agency can help you select a reliable and reputable mover. You may elect to pay your moving costs yourself and be repaid by the Agency or, if you prefer, you may have the Agency pay the mover. In either case, let the Agency know before you move. What Is A Fixed Moving Payment? If you choose a Fixed Moving Payment, you will receive a payment based on the number of rooms of furniture you will be moving, as shown on the Fixed Residential Moving Cost Schedule. The Agency has a copy of the schedule and will help you decide whether choosing this payment is in your best interest. If you do not have an unusually large amount of personal property to move and are capable of moving yourself, this payment should be more advantageous to you. No special documentation is required to support your claim. You need only move your personal property and complete the appropriate claim form in order to receive your payment. I Want To Buy Another Home. How Much Purchase Assistance Will I Receive? To help you buy a comparable replacement home, you will receive Purchase Assistance equal to the sum of the following three costs: Purchase Price Differential. If the cost of replacement housing exceeds the amount the Agency pays for your present home, you may be eligible for a payment to cover the difference. The Agency will inform you in writing of the location and cost of comparable replacement housing (and explain the basis of its determination) so that you will know in advance how much assistance you may receive. That information should help you decide how much you wish to pay for replacement housing. You are free to purchase any decent, safe and sanitary housing unit of your choice. If the purchase price is less than the cost of a comparable replacement home, the payment will be limited to the actual difference. If it exceeds the cost of a comparable replacement home, the payment will be based on the cost of a comparable home. Examples: Let's say that the Agency pays $120,000 to purchase your home and that a comparable replacement home costs $130,000. ❖ If you pay $129,000 for a replacement home, you would receive a $9,000 differential payment (the difference between the Agency's payment for the acquisition of your home and the cost of your replacement home). ❖ If you pay $132,000 for the replacement home, you would receive a $10,000 differential payment (the difference between the Agency's acquisition payment and the cost of the comparable replacement home). Mortgage Interest Differential Payment. This amount covers the "present value" of the additional costs required to finance the purchase of a replacement home that result if the interest rate you must pay for a new mortgage is higher than the interest rate on the mortgage on your present home. It also covers other debt service costs. The payment is based on the lesser of: the mortgage balance on your present home or your new mortgage amount. To be eligible, the mortgage on your home must have been a valid lien for at least 180 days before the Agency's initial written purchase offer for your home. You should provide the Agency with a copy of your mortgage(s) as soon as possible. Based on that information and the prevailing terms and conditions of new mortgage financing, the Agency will compute the approximate mortgage interest differential payment for which you will be eligible, inform you of that amount and explain the conditions on which it is based. The payment will be made available with the purchase price differential in a timely manner to reduce the amount you must borrow to buy your new home. Incidental Expenses. This amount covers those extra costs typically charged when one buys real property, such as the cost of preparing the deed and recording fees, the cost of title insurance, revenue stamps and transfer taxes (not to exceed the cost for comparable replacement housing); loan application, loan origination and appraisal fees, the cost of a credit report; and for other costs such as certification of structural soundness, home inspection and termite inspection. It does not cover prepaid expenses, such as property taxes and insurance. Remember, your total replacement housing payment is the sum of the purchase price differential, mortgage interest differential, and incidental expenses. To qualify for the payment, you must purchase and occupy a decent, safe and sanitary replacement home within one year after the later of: the date you move or the date you receive the final payment for the acquisition of your present home. However, the Agency will extend this period for good cause. If I Decide To Rent, Rather Than Buy, Another Home, How Much Assistance Will I Receive? If you decide to rent rather than buy a replacement home, you may be eligible to receive Rental Assistance. The assistance covers a 42-month period and is computed in the following manner. The assistance needed for one month is based on the difference between the market rent for your present home (including utilities), as determined by the agency, compared to a comparable rental dwelling available on the market (including utilities). That monthly need, if any, is multiplied by 42 to determine the total amount that you will receive. This amount will be paid directly to you in monthly installments or other periodic payments. Examples: Let's say that the monthly "market rent" and average cost for utilities for your present home are $250 and the monthly rent and estimated average utility costs for a comparable replacement home are $350. ❖ If you rent a replacement home for $360 per month, including estimated utility charges, you will receive $4,200. That amount is 42 times $100 (the difference between the market rent for your present home ($250) and the cost for a comparable replacement home ($350)). ❖ If you rent a replacement home for $310, including estimated average monthly utility charges, you will receive $2,520. That amount is 42 times $60 (the difference between the "base monthly rent" for your present home ($250) and the actual cost of your new home ($310)). To qualify for rental assistance, you must rent and occupy a decent, safe, and sanitary home within one year after the later of: the date you move or the date you receive the final payment for the acquisition of your present home. However, the Agency will extend this period for good cause. The amount of rental assistance cannot exceed the computed purchase price differential. Must I File A Claim To Obtain A Relocation Payment? Yes. You must file a claim for each relocation payment. The Agency will provide you with the required claim forms, help you to complete them, and explain the type of documentation, if any, that you must submit in order to receive your relocation pay- ments. If you must pay any relocation expenses before you move (e.g., a deposit when you contract for the purchase of a new home), discuss your financial needs with the Agency. You will be able to obtain an advance payment to meet these costs. An advance payment to purchase a home may be placed in "escrow." An advance payment for moving expenses may be paid directly to the moving contractor to ensure that the move will be completed on a timely basis. You must file your claim within 18 months after the date you move or receive the final payment for the acquisition of your present home. However, it is to your advantage to file as soon as possible after you move. The sooner you submit your claim, the sooner it can be processed and paid. If you are unable to file your claim within 18 months, ask the Agency to extend this period; however the Agency is not obligated to extend this 18 month period.. Be careful not to confuse this 18-month period with the 12-month period within which you must buy or rent and occupy a replacement dwelling in order to be eligible for a replacement housing payment. You will be paid promptly after you file an acceptable claim. If there is any question regarding your right to a relocation payment or the amount of the payment, you will be notified, in writing, of the problem and the action you may take to resolve the matter. Do I Have To Pay Federal Income Taxes On My Relocation Payments? No. Section 216 of the URA states that you need not report relocation payments as part of your gross income for Federal tax purposes. For information on State or local income taxes, you should check with the State or local income tax office in your area or with your personal tax advisor. What If I Don't Receive The Required Assistance. Can I Appeal? If you disagree with the Agency's decision as to your right to relocation assistance or the amount of a payment, or the adequacy of the housing to which you have been referred, you may appeal the decision to the Agency. The appeal procedure is spelled out in the HCD Grievance Procedure Guidelines and the Agency's Grievance Procedures. A copy of the Agency's procedures has been attached to the Relocation Plan. The Agency will inform you of its appeal procedures. Your appeal must be in writing. However, if you need help, the Agency will assist you in preparing your appeal. If you are a low- or moderate -income person and are dissatisfied with the Agency's determination on your appeal, you may have an additional right to request administrative review of that decision (e.g., by HUD or the State). The Agency will explain whether this option is available. You can expect a fair decision on any appeal. However, if you are not satisfied with the final administrative decision on your appeal, you may seek review of the matter by the courts. I Have More Questions. Who Will Answer Them? If you have any questions after reading this booklet, contact the Agency and discuss your concerns with an Agency representative. Agency: City of La Quinta Redevelopment Agency Address: 78-495 Calle Tampico La Quinta, CA 92253 Office Hours: 8:30 AM through 5:00 PM; Monday through Friday Telephone Number: (760) 765-3070 Person to Contact: Andrea Castro Attachment 5: Fixed Moving Schedule Schedule A (Occupant Owns Furniture) Number of Rooms Payments 1 $ 625 2 $ 800 3 $ 1,000 4 $ 1,175 5 $ 1,425 6 $ 1,650 7 $ 1,900 8 $ 2,150 Each additional room $ 225 Source: California Department of Transportation, Federal Highway Administration Schedules Attachment 6 City of La Quinta Redevelopment Agency GRIEVANCE PROCEDURES Purpose: The purpose of the Grievance Procedures is to attempt to resolve disputes between the claimant and the Agency at the lowest possible administrative level while affording the claimant an opportunity to have a full and fair review of his/her case. Therefore, all relevant evidence should be presented at the lowest level of these proceedings. In any case where such evidence could have been presented at a lower level and the claimant failed to do so, the relevant hearing body may, at its discretion, refer the matter back to the lower level for consideration and determination prior to their considering such evidence. A failure to provide evidence at a lower level of proceedings may prevent the issue or evidence from being further reviewed, including, without limit, in judicial review for failure to exhaust remedies. These procedures are supplemented by HCD Guidelines sections 6150-6176. A. Right of Review Initial Determination: Any displaced person or business who is not satisfied with a determination as to eligibility, amount of payment, and failure by the Agency to provide comparable permanent or adequate temporary replacement housing or the Agency's property management practices, or not properly applying appropriate regulations, at his/her election, may have his/her claim reviewed and reconsidered by the Agency's relocation consultant in accordance with the following procedures. To obtain an initial determination from the Agency's relocation consultant, claimant must complete a Relocation Complaint form and submit it to the Agency's relocation consultant and the City Clerk within (540) days from the date he/she moves from the acquired property or receives final compensation for displacement from the property, whichever is later. The Agency's relocation consultant shall provide the claimant with a full written explanation of the determination and the basis therefore, which explanation shall be provided within three weeks from the date of receipt of the request. The written explanation shall include a statement of claimant's right to seek within ten (10) days further review of his/her claim by either formal or informal review and an explanation of the steps the claimant must take to obtain this review. The right to an informal oral presentation as provided in section B below or a formal hearing as provided in section C below shall not be conditioned upon first obtaining an initial determination from the Agency's relocation consultant. B. Informal Oral Presentation Agency Review: If the claimant feels that the written explanation provided in section A above is incorrect or inadequate, or if the claimant desires to proceed directly to informal review, he/she may request an informal hearing with the Community Development Director or Designee ("Director"). (1) To obtain an informal hearing before the Director the claimant must request in writing that the Director schedule such a hearing. Such written request shall be made (i) within ten (10) days from the date of the written initial determination or, if the claimant does not wish to request an initial determination, (ii) by submitting a Relocation Complaint form within five hundred forty (540) days from the date he/she moves from the acquired property or receives final compensation from the property, whichever is later. (a) Within fifteen (15) days from the date of receipt of claimant's Relocation Complaint form for an informal hearing, he/she will be afforded an opportunity to make an oral presentation, or to request a written review by the Director of the relevant documents and written materials submitted by the claimant. (b) The claimant may be represented by an attorney or other person of his/her choosing at the oral presentation hearing (at the cost of the claimant). (c) The Director shall prepare a summary of the matters discussed and determinations made during the informal hearing, or written review, and serve a copy thereof upon the claimant. (d) The Director shall review and reconsider the determination of the claimant's case in light of: - All material upon which the Agency based its original determination including all applicable rules and regulations; - The reasons given by the claimant for requesting review and reconsideration of his/her claim; - Whatever additional written material has been submitted by the claimant; and - Any further information which the Director may, in his/her discretion, obtain by request, investigation or research, to ensure fair and full review of the claim. - The proceedings shall not be bound by any formal rules of evidence. (2) The final determination on review by the Director shall include, but is not limited to: (a) The Agency relocation consultant's initial determination, if applicable; (b) The factual and legal basis upon which the decision is based, including any pertinent explanation or rationale; and (c) A statement of claimant's right to seek within ten (10) days further review of his/her claim by the City Manager and Assistant City Manager and an explanation of the steps the claimant must take to obtain this review. (3) The right to a formal hearing as provided in section C below shall not be conditioned upon first obtaining an informal hearing by the Director. C. Request for Formal Review The City Manager and the Assistant City Manager Review: If the claimant feels that the initial determination by the Agency's relocation consultant, the Director's determination following the informal oral hearing, or written review by the Director is incorrect or inadequate, or if the claimant desires to proceed directly to formal review, he/she may request a formal hearing before the City Manager and the Assistant City Manager (or, if there is no Assistant City Manager, such other person as the City Manager may designate), acting as the Appeals Board ("Appeals Board"). To obtain a formal hearing before the Appeals Board the claimant must request in writing that the Director schedule such a hearing. Such request shall be made (i) within ten (10) days from the date of the Agency relocation consultant's initial determination, the Director's determination following the informal hearing or the Director written review or, if the claimant does not wish to request an informal hearing (ii) within five hundred forty (540) days from the date he/she moves fro the acquired property or receives final compensation from the property, whichever is later. (1) Within fifteen (15) days from the date of receipt of claimants written request, he/she will be notified of the formal hearing date. If the claimant requests additional time to prepare material for consideration and shows good cause therefore, the hearing date shall be continued to another date. (2) The Appeals Board shall, at the time it gives notice of the formal hearing date, notify the claimant that he/she has the right to be represented by an attorney or others at his/her own expense, to present his/her case by oral or documentary evidence; the right to submit oral or documentary evidence; the right to submit rebuttal evidence to conduct such cross- examination as may be required for full and true disclosure of facts; and the right to seek judicial review after having exhausted all administrative appeal remedies. (3) The Appeals Board shall review and reconsider the initial determination and/or the determination made at an informal hearing taking into consideration all material upon which the challenged determination was made, all applicable rules and regulations, the reasons given by the claimant for requesting review, any additional relevant evidence, oral or documentary, submitted by either the claimant or the Agency's representatives. No evidence may be relied upon by the Appeals Board where the claimant has been improperly denied an opportunity to rebut evidence or cross-examine a witness. The proceedings of the Appeals Board shall not be bound by any formal rules of evidence. (4) The Appeals Board shall make its determination within six weeks from the date on which the formal hearing is concluded or the date of receipt of the last material submitted, whichever is later. (5) The Appeals Board's determination shall be made in writing and shall contain its decision, the factual and legal basis upon which the decision is made and a statement informing the claimant of his/her right to appeal the decision to the Agency Board as provided below. (6) The claimant shall be promptly served with a copy of the Appeals Board's determination. Review by Redevelopment Agency. Any person who believes himself/herself to be aggrieved by any final decision of the Appeals Board may, within five (5) days after that date on the Appeal Board's notice of such ruling or act, appeal the Appeals Board's determination to the Redevelopment Agency Board of Directors (the "Agency") by filing with the Community Development Director a written statement of the rulings or acts complained of and the reasons for taking such appeal. The Director shall thereupon refer such appeal to the Agency at its next regular meeting and the Agency shall thereupon fix a time for the hearing of said matter, which time shall be not less than thirty (30) days from the time said appeal is presented to the Agency by the Director. On the date thus fixed, or on the date to which said hearing shall have been continued, the Agency shall proceed to hear and consider the evidence relating to said matter and shall make and enter on its minutes its final determination therein. The Agency may confirm, modify or set aside the findings of the Appeals Board, and the Agency's determination in the matter shall be final and conclusive. No proceeding or action shall lie against the City, the Agency, the Community Development Director, the City Manager, the Assistant City Manager (or such appointed designee) or any member of either thereof, nor against any officer, agent or employee of the Agency or City to review or enjoin the enforcement of its determination or orders of the Agency made pursuant hereto, or to recover damages for carrying out such orders in a lawful and reasonable manner, unless such action is commenced within ninety days (90) from and after service of notice of the findings and determination of the Agency. Notice of the determination of the Agency shall be served by the Community Development Director upon the person, or persons, taking the appeal. The effect of any order from which an appeal is taken as herein provided shall be suspended and of no force or effect until such appeal is fully determined. The claimant shall be deemed to have exhausted his/her administrative remedies upon filing timely appeals and the Agency taking action upon his/her complaint. E. Time Limits General: The Community Development Director may extend any of the time limits as permitted by HCD Guidelines section 6162 upon a showing of good cause; provided, however, that the time periods established by these Grievance Procedures within which to timely appeal a decision from a lower body shall not be extended. Any refusal to waive a time limit may be reviewed in accordance with the procedures set forth in Section C above; provided, however, any request to review shall be made within thirty (30) days from the date of receipt by claimant of written notice that the request to extend time has been denied. F. Review of Files By Claimant The claimant may inspect all files and records bearing upon his/her claim or the prosecution of the claimant's grievance, except to the extent the confidentiality of the material sought or the disclosure thereof is protected or prohibited by law. G. Effect of Determination Determinations made by the Agency Board pursuant to the paragraph entitled "Review by Redevelopment Agency" in section C shall be applicable to all eligible persons in similar situations regardless of whether any such eligible person seeks a review. All written determinations shall be filed in the records of the Agency and available for public inspection. H. Right to Counsel Any claimant has the right to be represented by an attorney at his/her expense at any and all stages of the proceedings set forth in this Article. I. Stay of Displacement Pending Review If claimant seeks to prevent displacement, the Agency shall not require the claimant to move until at least 20 days after it has made a determination and the claimant has had an opportunity to seek judicial review. In all cases the Agency shall notify the claimant in writing 20 days prior to the proposed new date of displacement. J. Further Review If the Agency denies the eligibility of a claimant for a payment, or disapproves the full amount claimed, or refuses to consider the claim on its merits because of untimely filing, or any other ground, the Agency's notification to the claimant of its determination shall inform the claimant of its reasons therefore, and shall also inform the claimant of the applicable procedures for obtaining further review of this determination. ,-.*4ro 0 iJ These regulations prescribe the City of La Quinta procedures for granting administrative relief to any person aggrieved by a determination as to eligibility for a payment authorized by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the State of California Government Code Section 7260, et. seq., with regard to the obligation of the Agency to refer such person to an adequate replacement dwelling or to any person aggrieved by a determination as to eligibility for a payment authorized by the above legislation to provide the opportunity for his/her application to be reviewed by the appropriate department responsible for administering such payments. c4j w OF T'9 COUNCIL/RDA MEETING DATE: March 21, 2006 ITEM TITLE: Consideration of a Resolution in Support of SB 1542 Regarding Key Information Access for Motor Vehicle Owners 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: At its regular meeting of March 7, 2006, the City Council considered faxed information from the Automobile Club of Southern California (La Quinta office) regarding Senate Bill 1542. The bill is being carried by Senator Carole Migden and would grant motorists 24-hour access to information needed to replace lost or stolen high-tech electronic vehicle keys. The Council asked that the item be placed on today's agenda for further consideration. The Auto Club of Southern California (Auto Club) is sponsoring SB 1542, which would require the establishment of a safe, secure method for motorists to obtain electronic code information necessary to reproduce many of today's high-tech vehicle keys. High-tech or "smart keys" contain a computer chip that is recognized by a vehicle owner's ignition and lock system, providing improved security against car theft. However, the concern is for motorists who lose these keys or have them stolen. They often experience inconvenience, delays, and added expenses in trying to obtain a replacement. Currently, many vehicle owners seeking a replacement are forced to use a facility of the manufacturer's choosing. These facilities may not be open nights or weekends causing delays during potentially unsafe circumstances. On March 14, 2006, staff had the opportunity to meet with a local representative from the Auto Club of Southern California, District Manager Tracy James. Mr. James presented clean copies of the information he previously faxed to the City along with additional information on SB 1542, including a sample letter of support, a sample resolution of support, and a Legislative Counsel's Digest (Attachment 1). He is requesting that the City of La Quinta support SB 1542 via adoption of a resolution and issuance of a support letter. The area Mr. James is responsible for and is seeking support from includes La Quinta, Indio, and Palm Desert. He indicates the Indio Police Department is in support of SB 1542 and has issued support letters, and the City of Indio is also considering a resolution to support the legislation. Mr. James stated the Indio Chamber of Commerce is expected to support the legislation as well. He further indicated the City of Palm Desert will be approached in the near future. Mr. James is not aware of the position other desert cities may or may not be taking. He indicates the Auto Club will be working with Senator Jim Battin to gain his support, and expresses that the Fire Fighters Union is in support of the legislation. Staff consulted with the League of California Cities and has received information on SB 1542 (Attachment 2). On a fact sheet from Senator Migden's office, the bill is proposed as the solution to some of the challenges posed by high-tech keys. It requires that auto manufacturers make available to consumers the key code information on any vehicle sold on or after January 1, 2008; it provides that the information be sufficient enough to reproduce a key to operate the registered owner's vehicle; and it provides that this information be made available 24 hours a day/seven days a week. The League shared information on Assembly Bill 714 (an identical bill that went through the Assembly), which failed on January 12, 2006. AB 714 identifies supporters and opponents. Supporters include various cities and chambers throughout the State and consumer organizations; and opponents include automobile manufacturers associations. Although the League has not taken a formal position on the bill, it will be taking a closer look at the bill given the implications to cities, particularly city fleets that may be affected. Mr. James indicates Assemblywoman Bonnie Garcia was in support of AB 714. He has been advised of today's meeting and indicates he or a representative will be in attendance to answer any questions the Council may have. Staff has prepared a Resolution of the City Council in support of SB 1542 in the event Council elects to support the legislation. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council in support of SB 1542 regarding key information access for motor vehicle owners, and direct staff to issue a letter of support to State legislators; or 2. Do not adopt a Resolution of the City Council in support of SB 1542 regarding key information access for motor vehicle owners, and do not direct staff to issue a letter of support to State legislators; or 3. Provide staff with alternative direction. Respectfully submitted, Thomas P. Genovese, City Manager Attachments: 1 . Information from the Auto Club of Southern California 2. Information from the League of California Cities RESOLUTION NO. 2006- A RESOLUTION OF THE CITY OF LA QUINTA, CALIFORNIA SUPPORTING SENATE BILL 1542 WHEREAS, motorists are finding it more difficult to get replacement keys or other similar devices requiring special computer chip codes and other information from vehicle manufacturers; and WHEREAS, this is a growing problem because vehicle key, entry, and ignition systems are becoming more complex and technologically advanced and vehicle manufacturers restrict access to information needed for vehicle owners to obtain replacement keys and regain access to and operate their vehicles; and WHEREAS, manufacturers often only provide this information to their own dealers, which are generally available only during regular business hours; and WHEREAS, motorists who lose or misplace their keys can face long delays and extra costs, sometimes even including a tow to a dealer, to replace their keys and get moving again; and WHEREAS, motorist safety can be threatened, especially if the motorist is alone after business hours or in a remote location; and WHEREAS, existing law imposes various requirements upon manufacturers of motor vehicles sold or leased in this state with regard to disclosing information and providing equipment; and. WHEREAS, SB 1542 would address the issue of limited vehicle key information by ensuring that vehicle owners have access to needed information to permit the production of replacement keys in a timely, convenient, reliable, and affordable manner that does not compromise their safety or the security of the vehicle; and WHEREAS, SB 1542 would require vehicle manufacturers of automobiles sold or leased in California as of January 1, 2008 to provide a secure and convenient way for vehicle owners to access information needed to have replacement keys made 24 hours a day, seven days a week. NOW, THEREFORE, BE IT RESOLVED by the City of La Quinta, California, as follows: 1. The City of La Quinta does hereby declare a position of support for Senate Bill 1542. 2. The City of La Quinta will support any similar legislation requiring that auto manufacturers make available to consumers the key code information on any vehicle sold on or after January 1, 2008; that the information be sufficient enough to reproduce a key to operate the registered owner's vehicle; and that the information be made available 24 hours a day and seven days a week. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 st 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 --�r) %J r- ," Attachment 1 SB SAMPLE LETTER OF SUPPORT DATE Senator Alan Lowenthal Chair, Senate Transportation and Housing Committee State Capitol Room 3048 Sacramento, CA 95814 Senator Kevin Murray Chair, Senate Appropriations Committee State Capitol Room 5050 Sacramento, CA 95814 Dear Senators, I am writing to express my support for Senate Bill . SB would require vehicle manufacturers to provide a secure and convenient way for owners to access information needed to have replacement keys made 24 hours a day, 7 days a week. Motorists are finding it more difficult to get replacement keys or other similar devices requiring special computer chip codes and other information from vehicle manufacturers. This is a growing problem because vehicle key, entry, and ignition systems are becoming more complex and technologically advanced and vehicle manufacturers restrict access to information needed for vehicle owners to obtain replacement keys and regain access to and operate their vehicles. Manufacturers often only provide this information to their own dealers, which are generally available only during regular business hours. Motorists who lose or misplace their keys can face long delays and extra costs, sometimes even including a tow to a dealer, to replace their keys and get moving again. In addition to the extra time and cost, motorist safety can be threatened, especially if the motorist is alone after business hours or in a remote location. SB would ensure that vehicle owners have access to needed information to permit the production of replacement keys in a timely, convenient, reliable, and affordable manner that does not compromise their safety or the security of the vehicle. I urge your aye vote on SB Sincerely, NAME TITLE ORGANIZATION ADDRESS SB SAMPLE RESOLUTION OF SUPPORT WHEREAS, motorists are finding it more difficult to get replacement keys or other similar devices requiring special computer chip codes and other information from vehicle manufacturers; and WHEREAS, this is a growing problem because vehicle key, entry, and ignition systems are becoming more complex and technologically advanced and vehicle manufacturers restrict access to information needed for vehicle owners to obtain replacement keys and regain access to and operate their vehicles; and WHEREAS, manufacturers often only provide this information to their own dealers, which are generally available only during regular business hours; and WHEREAS, motorists who lose or misplace their keys can face long delays and extra costs, sometimes even including a tow to a dealer, to replace their keys and get moving again; and WHEREAS, motorist safety can be threatened, especially if the motorist is alone after business hours or in a remote location; and WHEREAS, existing law imposes various requirements upon manufacturers of motor vehicles sold or leased in this state with regard to disclosing information and providing equipment; and. WHEREAS, SB would address the issue of limited vehicle key information by ensuring that vehicle owners have access to needed information to permit the production of replacement keys in a timely, convenient, reliable, and affordable manner that does not compromise their safety or the security of the vehicle. WHEREAS, SB would require vehicle manufacturers of automobiles sold or leased in California as of January 1, 2008 to provide a secure and convenient way for vehicle owners to access information needs to have replacement keys made 24 hours a day, seven days a week; and NOW, THEREFORE, BE IT RESOLVED, the City of adopts a SUPPORT position on SB and any similar legislation that would ensure that motorists can always replace vehicles keys at the service provider of their choice without delay or extra cost when they have been lost, stolen, misplaced, or damaged. l n %d 6-V 'I SENATE BILL No. 1542 Introduced by Senator Migden February 23, 2006 An act to add Section 9954 to the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST SB 1542, as introduced, Migden. Motor vehicles: key information access. (1) Existing law imposes various requirements upon manufacturers of motor vehicles sold or leased in this state with regard to disclosing information and providing equipment. A violation of the laws regulating motor vehicles is a crime. This bill would require a motor vehicle manufacturer of a motor vehicle sold or leased in this state on or after January 1, 2008, with a model -year of 2008 or later, to provide a means whereby the registered owner of that motor vehicle can access information, and only that information, that is necessary to permit the reproduction of a key or other functionally similar device, or the performance of any necessary service, that will allow the registered vehicle's owner to enter, start, and operate his or her vehicle. A manufacturer would be required to make such information available 24 hours each day and 7 days each week. Since a violation of the bill's requirements would be a crime, the bill would impose a state -mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. 99 SB 1542 —2 Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: yes. The people of the State of California do enact as follows: 1 SECTION 1. The Legislature hereby finds and declares all of 2 the following: 3 (a) There are over 28 million registered motor vehicles in 4 California, and those vehicles are relied upon heavily by 5 California residents to conduct everyday activities. 6 (b) A key or functionally similar device is a fundamental and 7 critical component of a motor vehicle, without which a person 8 cannot perform the basic functions of gaining entry to a motor 9 vehicle or starting its engine. 10 (c) The ability to replace a key, or functionally similar device, 11 to a motor vehicle in a timely, convenient, reliable, and 12 affordable manner is not only of general benefit to automotive 13 consumers, but it is also essential to the safety and well-being of 14 those consumers. 15 (d) Manufacturers have made great strides in improving 16 vehicle security to enhance motorists' safety and deter theft. 17 However, the increasingly complex systems being devised have 18 made it more difficult for motorists who lock themselves out of 19 their vehicles or lose their keys to regain access to, and the use 20 of, their vehicles in a timely manner. Limited access to 21 information, including key, transponder, and immobilizer codes, 22 and related information, has caused inconvenience, delay, extra 23 cost, and risk to many vehicle owners. Without access to 24 necessary information, many owners have had no choice but to 25 obtain service and purchase replacement keys from members of 26 the manufacturer's authorized dealer network, rather than from a 27 service provider of the motorist's choice. Dealer networks are 28 generally only available during regular business hours, and 29 motorists may have no choice but to have the vehicle towed to 30 the dealer rather than serviced on site. 31 (e) Consumers' current limited access to necessary 32 information causes not only significant inconvenience and higher 33 costs to them, but threatens their safety and well-being, 34 especially under circumstances where a motorist is stranded 35 alone after business hours or in a remote location. 99 �.+ �.. U 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 —3— SB 1542 (f) A registered owner of a motor vehicle has the fundamental right to both of the following: (1) To access the information necessary to gain entry to and operate his or her motor vehicle in a timely, convenient, reliable, and affordable manner that does not compromise his or her safety or the security of the vehicle. (2) To select the qualified service provider of his or her choice to assist in regaining access to, and use of, his or her motor vehicle. (g) It is the intent of the Legislature, in enacting this act, to give motorists better access to necessary information, while at the same time protecting the security of that information. It is critical to protect consumers from both automobile theft and from the risks that arise from limited access to information necessary to allow them to expeditiously regain entrance to, and use of, their vehicles, and this act is intended to provide the appropriate balance for these two important concerns. SEC. 2. Section 9954 is added to the Vehicle Code, to read: 9954. (a) A motor vehicle manufacturer of a motor vehicle sold or leased in this state shall provide a means whereby the registered owner of that motor vehicle can access information, and only that information, that is necessary to permit the reproduction of a key or other functionally similar device or the performance of any necessary service, that will allow the registered vehicle's owner to enter, start, and operate his or her vehicle. The means to access this information shall allow access to this information 24 hours each day and seven days each week. (b) Subdivision (a) shall apply only to vehicles sold or leased in this state on or after January 1, 2008, with a model -year of 2008 or later. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a 99 r ^1 ►'� j �, SB 1542 1 crime within the meaning of Section 6 of Article XIII B of the 2 California Constitution. 99 J�o�oBicF�� Q � N Q � 2 FRN Cp`��o LEGISLATIVE ACTION ALERT Consumer Access to Vehicle Key Information The Problem ■ Most new vehicles now come with complex, technologically advanced keys and ignition systems that require computer chips to enter and start vehicles. ■ Vehicle manufacturers restrict access to information needed to make replacement keys, often only to their own dealers, who are generally available only during regular business hours. Vehicle owners often don't even get the information. ■ Motorists who lose or misplace these new keys face long delays and extra costs, sometimes even including a tow to a dealer, to replace their keys and get moving again. ■ In addition to the extra time and money this costs, motorist safety can be threatened, especially if the motorist is alone after business hours or in a remote location. The Solution — SB 1542 ■ SB 1542 will require manufacturers of vehicles sold or leased in CA starting January 1, 2008 to provide a safe, secure, and convenient way for owners to access information needed to have replacement keys made 24 hours a day, 7 days a week. The Auto Club urges you to support SB 1542 by writing to the legislative committee leaders listed on the back of this flyer. (Over) The Auto Club urges you to support SB 1542 - to ensure that vehicle owners always have safe and convenient access to information needed to make replacement vehicle keys - by writing to the following legislative leaders: ■ Senator Alan Lowenthal Chair, Senate Transportation and Housing Committee State Capitol Room 3048 Sacramento, CA 95814 ■ Senator Kevin Murray Chair, Senate Appropriations Committee State Capitol Room 5050 Sacramento, CA 95814 �ONpBII f� og � G6 WE'RE ALWAYS WITH YOU® (Over) he next time you lose your car keys, you might not be able to count on a locksmith for a replacement. Wr That's because most new -car keys contain a com- puter chip, or transponder, that's programmed with a PIN code that matches a code in the ignition. Without this code, a replacement key won't start the car. The practice of using PIN codes has become more preva- lent during the past 10 years as manufacturers have increased their efforts to prevent car theft. But it's had some unintended consequences. "To start your car, a replacement key must have an identi- cal shape to the original and be programmed to match the ig- nition," says locksmith Bruce Schwartz, owner of Security Un- limited Locksmith in North Hills. Adding to the problem, some manufacturers are increasingly reluctant to provide locksmiths with the information necessary to cut and program a key, Schwartz says. This forces vehicle owners to depend on dealers to replace stolen, lost, or broken keys. As a result, owners often lose time, are considerably inconvenienced, and have to take on unexpected costs before they can get back on the road. SB 1542 will get you back in your car and going again In 2004, the Auto Club responded to more than 40,000 requests from motorists for locksmith service. Sometimes, the locksmith was able to make the key without obtaining the code from the manufacturer, but the procedure generally took longer than normal. "When manufacturers provided the necessary information, it was a five-minute job to produce a key," Schwartz says. "Now, it can be an hour or more." Other times, the vehicle owner has no choice but to have the car towed to a dealership, where a replacement key can be made, but not always right away. Whatever the situation, the process of getting a new key is almost always more difficult than expected. "If you have a car with a transponder key, you should have a duplicate handy," Schwartz says, "because if you lose it, it's likely to be a very expensive and problem -fraught experience to replace it." Finding a Solution Most manufacturers provide some information about making a new key in the car's owner's manual or provide it through the Reprinted from WFSTWAYS January/February 2006 f- 1-1, .1 %J %_- 1 dealership. But that information typically ,iy l ows a t K. smith to cut a key into the proper, shape, not to program it. And the problem of getting necessary information is likelyto get worse as manufacturers devise increasingly sophisticated sys- tems to stymie thieves. When buying a car, consumers reasonably expect that they are getting everything they need to operate it, including all the information needed to have a replacement key made. A vehi- cle owner should also be allowed to select the service provider who makes the replacement key, whether that's the dealer who sold the car, a AAA service provider, or another independent locksmith. Manufacturers should pursue theft prevention in an aggressive fashion, but motorists who lose keys or have them stolen must also have a convenient, safe, and reasonably priced means of securing a replacement. We believe there's a solution that balances both of these considerations. We don't want to discourage manufacturers from making vehicles more theft resistant, but we also don't want motorists to be inconvenienced or incur unnecessary expenses. We think that every automaker should give registered vehicle owners a secure way to access information that would allow them to obtain a replacement key. This informa- tion should be available around the clock, either by telephone or on the Internet. e ueh a system wQld work this way for motorists: l pxactic The keyless +cac onex fanutc +flub member —would call the Auto Club which would send a "ujilified=locksmith to the scene. The locksrrut% and 'wnex would call the manufac- r,irar'c'rnil_f a nrIth': r.anrl v�de.thd.car' Vehicle identifi- I et your voice Be Heard The Auto Club urges you to support Senator Alan Lowenthal' Senator' Kevii SB 1542 — to ensure that vehicle Chain Senate Transportation Chair, Senate owners always have safe and and Housing Committee Committee convenient access to information State Capitol State Capital needed to make replacement vehicle keys -� by writing to the Room 3048 Room 5050 fallowing legislative leaders: Sacramento, Ca 95814 Sacramento, I Paid for by the Automobile Club of Southern California, P.O. Box 25001, Santa Ana, CA 92799-5001 Attachment 2 SB 1542 (MIGDEN) Car Keys Fact Sheet Problem: As keys (or devices having the same form or function of a key) have become more technologically complex, they increasingly require special codes supplied by the manufacturer that enable the key to interface with on -board vehicle security systems designed to deter theft. One of the unintended consequences of this development is that motorists are finding it more and more difficult to obtain replacements for vehicle keys that have been lost or stolen. Most manufacturers have restricted access to these codes to their own dealer networks, whose service departments usually operate during regular business hours. Such limited access to the codes or other information necessary to reproduce a key can cause motorists significant inconvenience and added expense, as well as threaten their safety and well-being, especially under circumstances where they experience a problem after normal business hours or in a remote location. Solution: This bill would require every motor vehicle manufacturer to provide consumers with access to vehicle codes for the purpose of key duplication. Specifically: • Requires that auto manufacturers make available to consumers the key code information of any vehicle sold on or after January 1, 2008. • Provides that this information shall be sufficient enough to reproduce a key to operate the registered owner's vehicle. • Provides that this information shall be made available 24 hours each day and seven days each week. Background: In 2004, the California AAA Auto Clubs received about 50,000 calls for locksmith service where the consumer's keys had been lost or stolen or where it was otherwise necessary to make a new key or where system reprogramming was required. Existing law imposes various disclosure requirements on auto manufacturers of which none provide the consumer with access to the codes needed to produce a spare auto key. Staff Contact: Esteban Galvan at (916) 651 4003 or via email esteban.galvanCc)-sen.ca.gov .C' 3 ISSUE A key is a fundamental accessory to a motor vehicle. Without a key, a person cannot perform the basic functions of gaining entry to a motor vehicle or starting its engine. As keys (or devices having the same form or function of a key) have become more technologically complex, they increasingly require special codes supplied by the manufacturer that enable the key to interface with on -board vehicle security systems designed to deter theft. One of the unintended consequences of this development is that motorists are finding it more and more difficult to obtain replacements for vehicle keys that have been lost or stolen. Most manufacturers have restricted access to these codes to their own dealer networks, whose service departments usually operate during regular business hours. Such limited access to the codes or other information necessary to reproduce a key can cause motorists significant inconvenience and added expense, as well as threaten their safety and well-being, especially under circumstances where they experience a problem after normal business hours or in a remote location. EXISTING LAW Existing law imposes various disclosure requirements on auto manufacturers of which none provide the consumer with access to the codes needed to produce a spare auto key. THIS BILL This bill would require every motor vehicle manufacturer to provide consumers with access to vehicle codes for the purpose of key duplication. SUMMARY This bill as amended would: • Requires that auto manufacturers make available to consumers the key code information of any vehicle sold on or after January 1, 2008. • Provides that this information shall be sufficient enough to reproduce a key to operate the registered owner's vehicle. • Provides that this information shall be made available 24 hours each day and seven days each week. FAQs In 2004 the California AAA Auto Clubs received about 50,000 calls for locksmith service where the consumer's keys had been lost or stolen or where it was otherwise necessary to make a new key or where system reprogramming was required. Locksmiths face numerous challenges in their ability to serve the motoring public based upon their lack of access to vehicle key codes. 1 Office of Assemblymember Mark Ridley -Thomas • AB 714 (Key Code Access) Fact Sheet • 03/13/06 - Page 1 n ' %d1,4 Will this system promote automobile fraud and undermine recent anti -theft technologies? No. Banking systems use an access code to allow customers access to their accounts via ATM, phone, or the Internet. The same access code system can be used for key codes, insuring the customers' privacy and security. Would be able to gain access to cars just by dialing the telephone if this law is implemented? No. According to the sponsor, it takes special equipment to reproduce the key, even after you have all of the relevant codes. There are several key reasons to support What is the cost to the consumer and this legislation: safety; cost and the insurance industry? inconvenience to the consumers; and potential damage to the vehicle resulting According to the sponsor, the costs to the from traditional entry tools or towing to a consumer vary widely depending on the dealer location. Access to codes make, model, and year of the vehicle. necessary to reproduce a key to operate Typical costs range from $100 to $400 the vehicle would facilitate faster service with some exceeding $600. while significantly minimizing the potential 70ver the past 10 years auto manufacturers, in their effort to thwart auto theft, have developed programmed keys that require the use of specialized codes to develop a duplicate key. Currently, only Daimler Chrysler's Dodge line provides access whereby a registered owner can call a toll free number, provide adequate security information and obtain the key code needed to produce a duplicate. Why is AB 714 rather vague? We don't want to force a single 'solution on manufacturers or mandate procedures that may not be workable for them, so long as the process they provide includes a verification system. Shouldn't AAA establish a database that could be used by their members rather than mandating this function on the manufacturers? No. The goal of AB 714 is to help all California motorists, not just AAA members. BACKGROUND Consumers suffer the effects of this limited access to knowledge by paying fees to the manufacturer and realizing the inconvenience of waiting for the auto dealers to open their service department. for harm to the consumer or their property.. SUPPORT AUTO CLUB OF SOUTHERN CALIFORNIA (SPONSOR) AAA OF NORTHERN CALIFORNIA CONSUMERS UNION CONSUMERS FOR AUTO RELIABILITY AND SAFETY CONSUMER FEDERATION OF CALIFORNIA CRENSHAW CHAMBER OF COMMERCE CITY OF SAN FRANCISCO HISTORIC & VISIONARY CITY OF CARSON SANTA CLARITA VALLEY CHAMBER OF COMMERCE BURBANK CHAMBER OF COMMERCE ARCADIA CHAMBER OF COMMERCE CITY OF SAN CLEMENTE Office of Assemblymember Mark Ridley -Thomas • AB 714 (Key Code Access) Fact Sheet • 03/13/06 • Page 2 �, TORRANCE CHAMBER OF COMMERCE POWAY CHAMBER OF COMMERCE HOLLYWOOD CHAMBER OF COMMERCE VALLEY INDUSTRY COMMERCE ASSOCIATION SAN DIEGO NORTH CHAMBER OF COMMERCE SAN PEDRO PENINSULA CHAMBER OF COMMERCE SANTA MARIA VALLEY CHAMBER OF COMMERCE INGLEWOOD POLICE DEPARTMENT SANTA MARIA POLICE DEPARTMENT CALIFORNIA METROPOLITAN FIRE CHIEFS CITY OF ARCADIA CITY OF LA VERNE OPPOSITION The Alliance of Automobile Manufacturers The Association of International Automobile Manufacturers California Motor Car Dealers Association STATUS January 12 — Failed passage in Assembly Business and Professions January 9 — Passed Assembly Transportation (8-4) FOR MORE INFORMATION Contact: Awet P. Kidane Legislative Assistant (916) 319-2048 Office of Assemblymember Mark Ridley -Thomas - AB 714 (Key Code Access) Fact Sheet • 03/13/06 • Page 3 0 ° U L:0J1 4 aCP C4J tr_ OF Tom' COUNCIL/RDA MEETING DATE: March 21, 2006 ITEM TITLE: Consideration of LAFCO's Recommendation on the Sphere of Influence RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None at this time. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: At the City Council meeting of February 17, 2006, the attached letter was included on the agenda under Written Correspondence. Council asked that the letter be placed on this agenda for discussion. The letter from Renaissance Inv., Corp./Palm Diversified Inv., Inc. (Attachment 1) requests the City Council consider leaving certain property north of Avenue 52 in the City of Coachella 's Sphere of Influence (SOI). The subject properties are located in the most northerly portion of the proposed SOI for La Quinta, just north of Avenue 52 and just east of Calhoun Street. The applicant's reasons for their request are as follows: 1 . The applicant has initiated annexation proceedings on the parcels shown on Attachment 2 to the City of Coachella. 2. The subject property is adjacent to Avenue 52 in the City of Coachella which was approved on October 27, 2005. 3. The property is proposed for commercial development. 4. Coachella is able to provide sewer and water, and CVWD does not have facilities adjacent to the property. The City has received a second letter from Jim Blocker (Attachment 3) requesting additional properties located east of Calhoun Street be removed from the LAFCO proposed SOL Exhibit "A" shows these properties. Subsequent to the LAFCO public hearing, staff conducted an evaluation of the area located north of Avenue 52, between Jackson Street and Van Buren Street (Attachment 4). LAFCO directed its staff to prepare environmental documents for the proposed SOI Amendments. Attachment 5 is a map of the Proposed SOL As shown on Attachment 5, the area north of Avenue 52 has the following conditions: 1 . This area is irregular in shape and has City limit boundaries within the City of Indio (west) and the City of Coachella (north and east). 2. With or without the request from Renaissance, this area is somewhat fragmented in its configuration and ownership. 3. Numerous small parcels of land with a wide range of land uses. After careful review, staff has some concerns regarding LAFCO's proposed SOI Amendment relative to provisions for public services and infrastructure. This area would have multiple municipal boundary lines and is relatively isolated from the City's current City limits. Based upon this review, the Council may want to discuss and consider if the proposed S01 expansion for La Quinta, north of Avenue 52, is in the City's and property owner's best interest. The Council may want to go on record with LAFCO regarding this area. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Take no action; or 2. Direct staff to prepare a letter to LAFCO recommending the SOI boundary be modified by: a. Remove the area north of Avenue 52 from La Quinta's S01; or b. Remove the area east of Calhoun Street from La Quinta's S01; or 3. Other direction as deemed appropriate by the City Council; or 4. Provide staff with alternative direction. Respectfully submitted, /Po4wc Douglas R vans Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Renaissance Inv., Corp./Palm Diversified Inv., Inc. letter 2. Annexation application to City of Coachella 3. Jim Blocker letter 4. Map of area 5. Map of proposed SOI ', n 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: WRITTEN CORRESP ATTACHMENT 1 303-300 ( 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 15�h of 2005. The subjected Annexation includes the following Assessor's Parcel Numbers: 767-190-003, 767- 190-0041 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 conv-.nience and I will be happy to help in any way that I can. Sincerely, x le - David Labbe Renaissance Inv., Corp. x a44 D.14Ua4JAA) Gary D. Ferguson ,6y Palm Diversified Inv., Inc. Enclosures: Letter of Transmittal dated 4/15/05 Annexation Exhibit fzTn ATTACHMENT #2 � Coachella Valley Engineers TO: City of Coachella Carmen Manriquez 1515 Sixth Street Coachella, CA.92236 760-398-3102 760-398-5421 Date: Job No. April 15, 2005 1 04163 RE: Commercial APN 767-190-005 Pre -Annexation Coachella, CA ENCLOSED ARE THE FOLLOWING ITEMS SENT VIA: 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: C] For Approval [� As Requested 0 For Review and Comment For Your Use 0 For Signature C] For Your Files 0 Returned # Check Prints OX Other:.Submitted for 1 St 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 ECE VE No. of Pages: 5 2005 Accepted • Anthony Ramirez / Project Coordinator(,._�.._�--� 77 WOLF ROAD, SUITE 10? T-ALm. DESERT, 'A 9"211 �ELEP:ONE �75(is iG(r-2011; �76U'; 360-4204 a 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 SUBDMSION 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 (SIA) 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; 11 /9/2005 04163_600_ANNEX_X PAGE 2 OF 3 THENCE S89059'44"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 79 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 /9/2005 04163_600_ANNEX_X r•� q S EXHIBIT"All PAGE30F3 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 N89042'19"E 2644.50' El/4 CDR. 1322.25' 1 /4 SECTION LINE �——1322.25' Cl/4 COR. Q o� z LOT 5 p LOT 13 I A.P.N. m Z (� 767-180-MSi / u' Z 767-180-m1 I O Q O 1 o E1LQ.P. 1 RD.A.P. o rk:O x w CDz co co / °Q uj Uj J LOT 14 I LOT 6U-i z_ Q t o A.p.l�. I A.p.9�1. J w w v 767-180-M 0 767-1 0 w J N PD.A.P. 01 I I .A.P. v /� N N ` 04 N1 n O v N NzQ N89054' 16"E 2641.59' u, LU QO -7 o 1320.80' 3 1320.80' � 0 ::D �o - m N- Og =g N -� Z LOT 15 8( LOT 7 o z �} U I ^ A.P.I. o A.P.Pfl. lr 1 � 767-1 1 1 � 767-1 N.A.P. I N A.P. S89059'44"E 1 2640.15' 1320.07' 1320.08' o o10 b POR. LOT 8 ^• LOT 16 A.P.N. 10 A.P.N. A.P.N. 767-190-005 A.P.N. co 767-190-003 A.P.N. 767-190-004 "' 767-190-007 767-t9o-oo8 In o ° cz o A.P.N. A.P.N. o 67-190-009 g Z 767-190-006. 1 1319.36' SECTION LINE 1319.361 , 8 12 Sl/4 COR. N89053'45'W 2638.72' SE SEC. COR.--'1 1 2 K 7 AVENUE 52 P.O.B. GRAPHIC SCALE INDIO C17Y' CITY OF OF 400 0 200 400 800 1200 AVENUE 50 COACHELLA T. T.6S it V g ( IN FEET) p ' C) W 1 inch = 400 ft. LEGAL DESCRIPTION O Z LEGEND • (SEE ATTACHED EXHIBIT "A' , II AVENUE 51 9 Z - LEGAL DESCRIPTION) ' ^ O 2 13 5 iY U ANNEXATION NO. _ BOUNDARY Lu Y 14 6 �(3 ® ANNEXATION NO. 41, LAFCO NO. 88-89-4 Q U SITE 5 ® CORPORATE BOUNDARY CITY OF INDIO ® CORPORATE BOUNDARY CITY OF COACHELLA 7 ie 0 U N.A.P. NOT A PART AVENUE 52 P.O.B. POINT OF BEGINNING * ANNEXATION NO. AREA = 40.14 ACRES, +/- VICINITY MAP N.T.S. Prepared by. TEL(760)360-4200//%� 1 A ND THIS DOCUMENT WAS PREPARED BY FAX(760)360-4204 III �ID = PG ME OR UNDER MY DIRECTION, BASED ON FIELD SURVEY INFORMATION @ \\�1�5 N 0 J Coachella Valley Engineers L.S. 6532 N 77-899 Rolf Road, Suite 102, PALM DESERT, CA 92211 Exp. 6/30/07 MARK A. TURNER L.S. 6532 EXP. DATE: 6/30/07 04163 NOVEMBER, 2005 --lF FO�illt OF CA�� i//// NO. DATE I-, 1 4 %J6 i 41 co 14 ATTACHMENT #3 February 21, 2006 Doug Evans 78-495 Calle Tampico La Quinta, Ca. 92263-1504 RE: APN 767-180-001 Coachella Annexation Dear Mr. Evans: 105 Tolosa Place San Luis Obispo Ca. 93401 Phone: (805) 549-8041 c � E rG." E, F V E MAR 0 7 2006 0 CITY OF LA QUINTA COMMUNITY DEPARTMENT 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. The subject property is located in the western portion of the City of Coachella Sphere of Influence, located at the southeast corner of Calhoun Street and Avenue 51. We are currently in the process of applying for Annexation to the City of Coachella. 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. The owners of both APN 767-180-002 and APN 767-190-001 are also interested in Annexation to the City of Coachella. The owners of APN's 767-190-003, 004, 005, 006, 007, 008 and 009 have an application on file seeking Annexation to the City of Coachella. 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 car. Sincerely, X Jim Blocher Enclosures: Assessor's Parcel Map vb ate ft Is 36'd Iris -M a \�-/ ' ICI 111 111111111 c _ 1 5' _ N-Yt//!b( NPA nos— 9.9 T �o 9'49 ih ATTACHMENT #4 N A March 14, 2006 �■ City Limit Coachella SOI C31-abbe Request I Parcels LAFCO Proposed SOI C313locher Request 0 0.25 0.5 Miles t`tj tis O PW- \x A 6 1A jdPIA j'fi vd ° ,r r - a '',ni�s 6 'di*Pv.d d,v ✓ A ,'A n O. g" '.'O */ f"9: d ✓a ed/9 e/,,r� �✓.ford/ ! / d nw,d� Ios � e�;d°! /~ ' ° Ai ".. r r A.�.✓d dv _�� 'Fp �/d is ,/"�i a��iddfddP'Pd� P;/`°®�;� A✓f id d4 ld s ,dddd /i✓., °'i 'r%fA° ✓y`�n� nA/PdA a�nj o J`P d •S'//B,°a�✓A�6�.fO de Y�✓Ip.I, t�A� fd�d.!,vd.°�,^'�e�r °'e �'v d, 1,/ v� v,r/� '',/®v n�fs.-,n°j ode'°•.(°n//neA6;d:A0p�dd�+'�°fC�/�A,�°e®/ �d �<�Ai1�dd �d°sf'rdYe�e°°i!d Av�;fdo��'s� Pr. °n.7r®-rd!F p®✓'l'<,y.-'dv ''I",Ay :n�op °d Pn ✓,/e,�.1'P rf.a° 'i'rPd"!A ��`° "a'A '^. ns®`' �°�:° ✓ � PS .o ''.y. j e" B, d^ddfd. a.6e / A® O;,A.P°0d/ �� i PpaA4.o .,1r,�✓ F✓1n ! pB,I!!. �/ °�I o�✓e'.r°a toe nAa° Gsdal�!de °d"/ Bv"ygl<4 e'rinp d` /B Gd1,'!"fd �'�.N=" `/A, e dd l!i OdA°°a/d ;/��e'!e 16/Adjn A AA dFA/r f��,jffi A/ . i�YP✓°9s � � r r� d,-t r-^' � ��,ep�j� ° REPORT/INFORMATIONAL ITEM: /I MINUTES HISTORIC PRESERVATION COMMISSION MEETING A Regular meeting held at the La Quinta City Hall Session Room 78-495 Calle Tampico, La Quinta, CA February 16, 2006 This meeting of the Historic Preservation Commission was called to order by Chairperson Wilbur at 3:04 p.m. who then led the flag salute and asked for the roll call. I. CALL TO ORDER A. Pledge of Allegiance. B. Roll Call. Present: Commissioners Puente, Sharp, Wright, and Chairman Wilbur Absent: Commissioner Mouriquand Staff Present: Planning Manager Les Johnson, Principal Planner Stan Sawa, Associate Planner Wally Nesbit, and Secretary Carolyn Walker II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: None IV. CONSENT CALENDAR: It was moved and seconded by Commissioners Puente and Sharp to approve the minutes of October 20, 2005 and November 17, 2005, with a correction to the October 20t' minutes noting Vice Chairperson Leslie Mouriquand called the meeting to order as Chairman Allan Wilbur was absent. Unanimously approved. V. BUSINESS ITEMS: A. Cultural Resources Survey of the Proposed Casa La Quinta Project Applicant: Borrego Resort Holdings, LLC Archaeological Consultant: Foothill Archaeological Services Bonterra Consulting Location: South side of Calle Tampico, between Avenida Navarro and Avenida Villa rs 0 , / J P:\CAROLYN\Hiss Pres Com\HPC 2-16-06.doc Historic Preservation Commission February 16, 2006 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Sharp asked why there was so much interest from the Native American Tribes when this was such a small project. Commissioner Wright suggested it may be due to the recent passage of Senate Bill 18. Planning Manager Johnson said the Commission would start to see more responsiveness from the Tribes due to Senate Bill 18. He said the responses would improve as more Tribes became better trained and staffed. Commissioner Sharp said he was delighted the tribes were responding. 3. Commissioner Wright agreed the Commission was happy with the Tribes' interest. 4. Brian Glenn, Paleontologist from Bonterra Consulting, was introduced to answer any questions the Commissioners might have. 5. Commissioner Sharp asked if this was a one, two, or three- story project. Staff replied it would be two -stories with partial subterranean parking, similar to the project next to it. 6. Chairman Wilbur asked about the term "complete and unconditional clearance". He asked if this was a new term and will the project still require monitoring. Staff replied the project would still require monitoring as stated in the conditions. 7. Chairman Wilbur said there were artifacts found within a mile and he was glad we were requiring monitoring. 8. Commissioner Sharp said the report could have been a little more comprehensive. Chairman Wilbur agreed but felt it was satisfactory for approval. 9. Commissioner Wright concurred with staff's recommendations. Commissioner Puente agreed. 10. There being no further comments. It was moved and seconded by Commissioners Puente and Sharp to adopt Minute Motion 2006-001 accepting the results of the Cultural Resources Survey as submitted. Unanimously approved. r,, i •- i .. r , P:\CAROLYN\Hist Pres Com\HPC 2-16-06.doc 2 Historic Preservation Commission February 16, 2006 B. Paleontological Records Review of the Proposed Casa La Quinta condominiums Applicant: Borrego Resort Holdings, LLC Archaeological Consultant: Foothill Archaeological Services Bonterra Consulting Location: South side of Calle Tampico, between Avenida Navarro and Avenida Villa 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Wilbur asked if the report on Paleontological Resources was the letter in his packet. Consultant Brian Glenn said it was strictly a records search. Chairman Wilbur said a field survey was needed. Staff replied it will be done prior to grading. 3. There being no further comments, it was moved and seconded by Commissioners Wright and Sharp to adopt Minute Motion 2006-002 accepting the Paleontological Records Review of the Proposed Casa La Quinta condominiums as submitted. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: A. Commissioners discussed a brochure regarding the 31 st Annual California Preservation Conference to be held on April 20-22, 2006, at the Sheraton Grand Hotel, Sacramento, California. VII. COMMISSIONER ITEMS: None VIII. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Puente and Sharp to adjourn this Regular Meeting of the Historic Preservation Commission to the next Regular Meeting to be held on March 16, 2006. This meeting of the Historic Preservation Commission was adjourned at 3:27 p.m. Unanimously approved. Submitted by: Carolyn Walker Secretary 0 % J ►r PACAROLYWHist Pres Com\HPC 2-16-06.doc 3 REPORT/INFORMATIONAL ITEM: 1g MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA February 28, 2006 I. CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Kirk who asked Commissioner Alderson to lead the flag salute. B. Present: Commissioners Ed Alderson, Richard Daniels, Kay Ladner, Paul Quill, and Chairman Tom Kirk. C. Staff present: Community Development Director Doug Evans, City Attorney Kathy Jenson, Principal Planner Stan Sawa, and Executive Secretary Betty Sawyer II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Kirk asked if there were any changes to the Minutes of the January 24, 2006 regular meeting. There being no changes to the minutes, it was moved and seconded by Commissioners Daniels/Alderson to approve the minutes as submitted. V. PUBLIC HEARINGS: None. A. Site Development Permit 2005-851; a request of Desert Elite, Inc., for consideration of architectural and landscaping plans for four prototypical residential plans and common areas for use in Tract 31910 (Capistrano) for the property located on the west side of Monroe Street, approximately one -quarter mile north of Avenue 58. 1. Chairman Kirk asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which was on file in the Community Development Department. G:\WPDOCS\PC Minutes\2006\2-28-06PC.doc Planning Commission Minutes February 28, 2006 2. Chairman Kirk asked if there were any questions of staff. Commissioner Alderson asked about the finish on the perimeter wall. Staff explained. 3. Chairman Kirk asked if the applicant would like to address the Commission. Mr. John Pedalino, representing Desert Elite, stated he was available for questions. 4. Commissioner Daniels asked if they had any issue with the conditions. Mr. Pedalino stated they had no issues as recommended. 5. Chairman Kirk asked if they would be amenable to offering the artificial turf in the front yard. Mr. Pedalino stated they had no objection. 6. Commissioner Alderson asked about the exterior house colors. Staff showed the proposed colors to be used. Commissioner Alderson asked for an explanation of a master retreat. Mr. Pedalino stated it was a sitting room off the master bedroom. 7. Chairman Kirk asked if anyone else wanted to speak on this project. There being no further public comment, the public participation portion of the hearing was closed and the matter was opened to Commission discussion. 8. It was moved and seconded by Commissioners Daniels/Ladner to adopt Minute Motion 2006-001 approving Site Development Permit 2005-851, as recommended and as amended: a. Condition added: Artificial turf will be offered as an alternative. Unanimously approved. VI. BUSINESS ITEMS: None VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None. IX. COMMISSIONER ITEMS: A. Commissioners reviewed the City Council meeting of February 7, and 28, 2006. .ro,i G:\WPDOCS\PC Minutes\2006\2-28-06PC.doc 2 Planning Commission Minutes February 28, 2006 X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Daniels/Alderson to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on March 14, 2006. This meeting of the Planning Commission was adjourned at 7:22 p.m. on February 28, 2006. Respectfully submitted, t w er Executive Y City o a Quinta, California G:\WPDOCS\PC Minutes\2006\2-28-06PC.doc 3 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA February 14, 2006 7:00 P.M. I. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Kirk who asked Commissioner Quill to lead the flag salute. B. Present: Commissioners Ed Alderson, Richard Daniels, Kay Ladner, Paul Quill, and Chairman Tom Kirk. C. Staff present: Community Development Director Doug Evans, Assistant City Attorney Michael Houston, Public Works Director Tim Jonasson, Planning Manager Les Johnson, Principal Planner Stan Sawa, Associate Planner Andrew Mogensen, and Executive Secretary Betty Sawyer II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Kirk asked if there were any changes to the Minutes of the January 24, 2006 regular meeting. There being no changes to the minutes, it was moved and seconded by Commissioners Daniels/Alderson to approve the minutes as submitted. V. PUBLIC HEARINGS: None. A. Continued - Environmental Assessment 2005-550, General Plan Amendment 2005-106, Zone Change 2006-126, Specific Plan 83-002, Amendment #5, and Tentative Parcel Map 32752; a request of Ray Shaffer for consideration of: 1) a Negative Declaration of environmental impact; 2) a General Plan Amendment and Zone Change from Golf Course to Low Density residential; 3) a Specific Plan to allow the conversion of 2.3 + acres of existing golf course/common area to residential use; and 4) review of a Parcel Map to subdivide 2.3 + acres into three single-family lots, for the property located between Weiskopf and Jack Nicklaus Golf Courses, immediately south of PGA Boulevard, within PGA West. G:\WPDOCS\PC Minutes\2006\2-14-06PC.doc Planning Commission Minutes February 14, 2006 1. Commissioner Ladner informed the Commission she had a potential conflict of interest due to her job and withdrew from the dais. 2. Commissioner Daniels informed the Commission that he belongs to the Master Homeowners' Association (HOA) for PGA West, but not the HOA for this subdivision. He does not believe it is a conflict of interest and will participate in the meeting. 3. Chairman Kirk opened the public hearing and informed everyone that the applicant had requested a continuance to April 26, 2006. Chairman Kirk asked if anyone wanted to speak regarding the project. Members of the audience asked for an explanation of the request to continue. Chairman Kirk asked staff to give a brief summary of the project. Principal Planner Stan Sawa provided a brief summary of they proposal and the applicant's request for continuance. 4. Commissioner Daniels asked if there were any changes to the applications. Staff stated no changes had been submitted. 5. Commissioner Alderson asked if the applicant had met with any of the neighbors. Staff stated they had not been informed of any meetings taking place. 6. Chairman Kirk asked if anyone would like to speak at this meeting. Mr. Bob Hargraves, attorney for the applicant, gave an overview of the request before the Commission. To his knowledge, no meetings had been held with the homeowners in the area. 7. Chairman Kirk asked if there was any guarantee this would be the last request for continuance and the Commission will not be requested to continue this into the summer. Mr. Hargraves stated it is not their intention to continue it further, but it will depend upon whether or not any entitlement issues are raised. 8. Chairman Kirk asked if anyone else wanted to speak on this subject tonight. Mr. and Mrs. Myron Mintz, 80-355 Weiskopf, gave a presentation on their objections to the project. Mr. Mintz stated he had spoken to the applicant regarding the site and the applicant had offered to sell him the project. He went on to explain his reasons for not wanting the continuance granted. He G:\WPDOCS\PC Minutes\2006\2-14-06PC.doc 2 Planning Commission Minutes February 14, 2006 presented a petition of those objecting to the project. Mrs. Mintz stated it was her understanding the Commission could continue the project, deny the continuance, or continue it to a more appropriate date. She suggested if it was to be continued, it should be continued to January 2007. 9. Mr. Brian Ford, 80-970 Spanish Bay, stated his objection was regarding the Fairways HOA. The HOA is made up of five board members and two are homeowners. They may be involved, but do not fairly represent the homeowners. The second concern is that once this is approved, all open spaces on the golf course will then be submitted for development. He asked whether the property had been a part of any density transfers. Community Development Director Doug Evans stated that was included in the study staff was preparing for the Commission. In regard to a density transfer, PGA West is under the housing numbers identified in their Specific Plan and therefore density bonuses were not an issue. 10. Commissioner Daniels stated the decision on this case will be made not on the number of people supporting or opposing the project, but on the merits of the case. He does share the concern raised about the repeated continuances. He would be inclined to continue the project to allow the applicant time to address the issues that had been raised by the Commission and residents. 1 1. Commissioner Quill asked if staff had been able to find answers to any of the Commission's issues. Community Development Director Doug Evans stated staff had, and had also met with the applicant to strongly encourage the applicant to meet with the HOAs. Based on this conversation and the continuance request, staff did not prepare a complete report for this meeting. 12. Commissioner Alderson stated he too had several engineering questions and did not believe they could be addressed at this time. He further asked if the date for continuance could be shortened. Mr. Hargraves stated he had not seen any of the information staff had found and time is needed to review that information. He knows they can make the April 24`" date, but he is not certain he can do it before that date. 13. Chairman Kirk stated he would like to shorten the time for the continuance. He asked if there was something in the record that G:\WPDOCS\PC Minutes\2006\2-14-06PC.doc 3 Planning Commission Minutes February 14, 2006 suggested this land was not to be open space. Community Development Director Doug Evans stated the original specific plan will show it to be Tourist Commercial and as this has been refined over time and the last subdivision map was approved, the property was determined and labeled as open space. Staff's report will show a difference of opinion with the applicant. They will argue it was intended to be Tourist Commercial and staff will use the record processed with the Specific Plan and the last decision of the Commission and City Council that it was to be open space. The Commission has asked the applicant to meet with the homeowners and the applicant has not been able to do this yet after two continuances. Chairman Kirk stated he is hesitant to approve the continuance for the length of time requested when he does not believe the applicant has made a good faith effort to meet with the HOAs. 14. It was moved and seconded by Commissioners Daniels/Quill to continue Environmental Assessment 2005-550, General Plan Amendment 2005-106, Zone Change 2006-126, Specific Plan 83- 002, Amendment #5, and Tentative Parcel Map 32752 project to March 14, 2006. Unanimously approved. Commissioner Ladner rejoined the Commission. B. Continued - Tentative Tract Map 34185; a request of Sienna Corporation for consideration of the subdivision of 3.14 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. 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. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Alderson asked where the residents would park other than their driveways. Staff stated there is no on -street parking, so the driveways would be the only parking areas. 3. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Mike Rowe, Sienna Corporation, asked that the new conditions added, G:\WPDOCS\PC Minutes\2006\2-14-06PC.doc 4 Planning Commission Minutes February 14, 2006 #13, be amended to remove "...to five feet in width"; Condition #64 they request a six foot wall be allowed on Lots 1 and 10. Staff stated the condition was not intended to restrict the rear yards; staff has no objection to the applicant's request. Mr. Rowe stated his last objection is to Condition #55 for a reduction in one lot. They are following all the zoning regulations and do not believe the condition to reduce the tract by one lot is fair. 4. There being no further questions of staff or the applicant, Chairman Kirk asked if anyone wanted to speak on this project. 5. Chairman Kirk asked if anyone else wanted to speak on this project. Ms. Sandy Wright, 79-859 Hummingbird Land, stated her objection is safety as there is only one way in and out of their area, especially during the construction of Jefferson Street. They do not even know if they will have access onto Jefferson Street when the work is completed. Public Works Director Tim Jonasson stated the plans for Jefferson Street show a right in and out and left turn in off of Jefferson Street. 6. Ms. Jamie Miller, 79-869 Hummingbird Lane, stated her concern is with the traffic this tract will generate. She would like to have a gate installed to slow the traffic down. Also, she does not understand the utility easement issues. She has two utility poles with transponders. When they have lost power, the utility company has had access to their pole by going through this area. If this project is built, how would the utility companies get access to the utility lines? Chairman Kirk stated he did not believe a gate will reduce the amount of traffic. He would be more concerned living next door to a gate and having to deal with the noise implications or cars stacking. 7. Ms. Roberta Froemming, 79-865 Hummingbird Lane, stated she had spoken with her neighbors on Roadrunner Lane and they were never informed of this hearing. She too is concerned with the amount of traffic that will be generated. She asked why all the neighbors were not informed of the project. Chairman Kirk stated the noticing requirement is for 500 feet of the project site. Ms. Froemming stated she too is concerned about the utility access. Also, where will the additional cars park? 8. Commissioner Alderson asked why the parking lot was removed. Staff stated the parking at the entry would not be reasonable G:\WPDOCS\PC Minutes\2006\2-14-06PC.doc 5 Planning Commission Minutes February 14, 2006 considering the distance to the homes. Also, it was considered to be a nuisance to the neighbors abutting along Fiesta Drive. 9. Commissioner Quill asked how the neighborhood meeting went. Staff stated 12 or so attended and some of the suggestions/comments made at the meeting were: building heights, off -site parking space, dust during construction, access with Jefferson Street closed, utility access, and the length of the cul-de-sac. Suggestions offered were single story homes, reducing the number of lots, a gate to reduce traffic, and dedicating Lots 4- 7 for a park. 10. Commissioner Quill asked staff to explain the utility easements. Mr. Rowe stated there are easements along the rear of the existing lots. Their utility lines for the new homes will be undergrounded. The utility company will have access to the existing poles as indicated on the map. 1 1. Chairman Kirk asked if they had any intention of constructing an entry gate. Mr. Rowe stated no, but there is room to do so with space for four or five car stacking. Staff stated that if the Commission is going to recommend a gate, they do it now, but staff would remind the Commission there are no gates in this area. 12. Commissioner Quill asked if staff knew the timeline for the completion of the Jefferson Street bridge. Public Works Director Tim Jonasson stated the first half of the bridge should be completed at the beginning of the summer and the entire bridge will be completed approximately a year from now. Commissioner Quill asked if the applicant would have any objection to not issuing any building permits until the opening of Jefferson Street. Mr. Rowe stated to delay a house till the bridge is constructed would be unfair to them. 13. Commissioner Daniels asked if the City had any program to purchase Lots 4-7 to make a park. Community Development Director Doug Evans stated that if the area was designated on the General Plan for a park, an argument could be made and there are Quimby Funds to do so, but currently there are no plans for a park in this area. -. I -� (.� A. G:\WPDOCS\PC Minutes\2006\2-14-06PC.doc 6 Planning Commission Minutes February 14, 2006 14. Commissioner Ladner stated she would like to see the tract reduced by one lot. She also would not support the construction of a gate. 15. Chairman Kirk asked if the northern curb could be rolled so people could park in the right-of-way. Public Works Director Tim Jonasson stated Horseshoe Road and maybe Fiesta Drive are the same width and have rolled curbs. It could be tried. Mr. Rowe stated the parking will be restricted by the CC&Rs to not allow on - street parking. 16. Commissioner Quill asked if there was anyway to underground the utility poles for the existing homes so service would be provided from the back. Public Works Director Tim Jonasson stated that is how he read Condition #44. Community Development Director Doug Evans stated utility companies will not underground in the rear of the property because they have to trench and this will affect the walls. They will move the service from the rear to the street side. If the Commission has a strong preference, staff would have to consult with Imperial Irrigation District (IID) to see their response. Mr. Chris Schultz, engineer, stated the condition reads for the new units only. 17. Commissioner Quill asked the source of the electric power for these lots. Mr. Rowe stated power exists on both sides of the project and went on to explain where the power lines are located. 18. Ms. Elizabeth Uher-Hopkins, 79-885 Fiesta Drive, stated her lot will now become the parking lot for any additional parking. She would like to see the parking lot installed. Community Development Director suggested the Commission require a two - foot allowance behind the curb on the south side to allow parking on the street and allow the CC&Rs to govern the project. 19. There being no further public comment, the public participation portion of the hearing was closed and open for Commission discussion. 20. Chairman Kirk asked if the Commission agrees with reducing the project by one lot; reducing the tract by one lot; allowing a parking walk; and no entry gate. Commissioners agreed. G:\WPDOCS\PC Minutes\2006\2-14-06PC.doc 7 Planning Commission Minutes February 14, 2006 21. It was moved and seconded by Commissioners Daniels/Quill to adopt Planning Commission Resolution 2006-008, approving Tentative Tract map 34185, as recommended and modified: a. Condition #13: as per IID requirements. b. Condition #47b.1 .: amended to add "a two -foot allowance behind the curb on the south side to allow parking on the street and allow the CC&Rs to govern the project. C. Condition #64: as requested by the applicant ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. C. Variance 2005-033; a request of Mark Green for consideration of a variance from Section 9.50.030 of the Zoning Code to allow the division of a 12,000 square foot parcel into two 6,250 square foot parcels for the property located on Avenida Obregon, 50 feet south of Calle Chillon. 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. 2. Chairman Kirk asked if a variance were granted, do all the findings need to be made. If you are seeking a variance from the code, one of the criteria for approving a variance is that it is consistent with the Zoning Code. Is it possible to approve a variance? Assistant City Attorney Michael Houston stated the concept of a variance is absolving an owner of certain dimensional or setback requirements in the Zoning Code for a unique piece of property. There may be certain pieces of property where but for a particular setback it is impossible to develop the property. The findings that need to be made are that they are consistent with the general intent and scope of the Code; not a particular provision. 3. There being no further questions of staff Chairman Kirk asked if the applicant would like to address the Commission. Mr. Mark Green, owner of the property and applicant, stated his reasons for the variance. 4. Commissioner Quill noted how many of the lots in the area have been merged and are similar in fact to his property. G:\WPDOCS\PC Minutes\2006\2-14-06PC.doc 8 Planning Commission Minutes February 14, 2006 5. There being no further questions of the applicant, Chairman Kirk asked if anyone else would like to address the Commission on this project. Ms. Joan Rebick, 53-810 Avenida Cortez, representing the Cove Association, stated her objections to the project. 6. There being no further public comment, the public participation portion of the hearing was closed and the matter was opened to Commission discussion. 7. It was moved and seconded by Commissioners Alderson/Daniels to adopt Planning Commission Resolution 2006-009 denying Variance 2005-033, as recommended. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. D. Site Development Permit 2003-795, Time Extension No. 1; a request of La Quinta Developers, LLC for consideration of a one year extension of time for development plans involving three prototype single-family residential units and landscaping for the property located at 80-600 Avenue 52. 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. 2. Chairman Kirk asked if there were any questions of staff. There being none, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Michael Dixon, representing the applicant, stated he was available to answer any questions. They have no objection to the conditions as recommended. 3. Chairman Kirk asked if anyone else wanted to speak on this project. There being no further public comment, the public participation portion of the hearing was closed and the matter was opened to Commission discussion. 4. It was moved and seconded by Commissioners Daniels/Alderson to adopt Planning Commission Resolution 2006-010, approving Site Development Permit 2003-795, Time Extension No. 1, as G:\WPDOCS\PC Minutes\2006\2-14-06PC.doc 9 Planning Commission Minutes February 14, 2006 recommended. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. VI. BUSINESS ITEMS: None Vill. CORRESPONDENCE AND WRITTEN MATERIAL: None. IX. COMMISSIONER ITEMS: A. Review of City Council meeting of February 7, 2006 was given. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Alderson/Daniels to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on February 28, 2006. This meeting of the Planning Commission was adjourned at 8:44 p.m. on February 14, 2006. Respectfully submitted, YY Betty J. awyer, Executive Secretary City of La Quinta, California G:\WPDOCS\PC Minutes\2006\2-14-06PC.doc 10 REPORT/INFORMATIONAL ITEM: gal COMMUNITY SERVICES COMMISSION MINUTES February 13, 2006 CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 7:01 p.m. in the Study Session Room of the La Quinta Civic Center. Commissioner St. Johns presided over the meeting. Commissioner Leidner led the Pledge of Allegiance. Commissioners Present: Commissioner Ed Hackney, Commissioner Mark Weber, Commissioner Robert Leidner, Commissioner Victoria St. Johns Commissioners Absent: Commissioner Andrea Gassman MOTION - It was moved and seconded by Commissioners Leidner/Weber to excuse Commissioner Gassman's absence. Motion carried unanimously. Staff Present: Tom Genovese, City Manager and Interim/Community Services Director, Kristin Riesgo, Recreation Supervisor; Community Services Department, Anna Sampson, Community Services Department Secretary Guests Present: None PUBLIC COMMENT — None The chair reserves the right to limit discussion on any topic to three minutes or less. III. CONFIRMATION Commissioners approved. OF AGENDA — It was moved and seconded by Leidner/Hackney to approve the Agenda. Unanimously IV. CONSENT CALENDAR Commissioner Hackney pointed out the large disparity in the numbers for Adult Sports between years 2004 and 2005 in the December, 2005 Monthly Department Report. Communitv Services Commission Minutes 2 February 13, 2006 Staff explained the Open -Gym programs at the Boys & Girls Club had been cancelled for approximately six or seven months while the gymnasium floor was redone. City Manager Genovese indicated the floors at the Boys & Girls Club are now done and construction is starting on the addition of an exercise/weight room at the west end of the gym. This addition will allow open gym four nights a week and offer a drop -in exercise/weight room. It is modeled somewhat after the Clinton Street Complex. People can use the exercise equipment, which will provide them an alternative to a facility such as Gold's Gym, for example, that would cost to join. The gym will also have air conditioning. Commissioner Hackney confirmed the gym will be available to both youth and adults. MOTION - It was moved and seconded by Commissioners Weber/Hackney to approve the January 9, 2006 Minutes and Monthly Department Report for December 2005, as submitted. Motion carried unanimously. V. PUBLIC HEARING — None VI. BUSINESS ITEMS A. Youth Workshop Staff presented the information contained in the Staff Report, a copy of which is on file in the Community Services Department. Commissioner Hackney shared his thoughts on other organizations to add to the list of participating organizations. He suggested including the Sports Organizations that have recently participated in the Commission Meetings, Boy Scouts, Girl Scouts, Explorers, Brownies, and also recommended reaching out to any church -based or other youth groups that can be identified. In the effort to reach others, he recommended the consideration of public service notifications to both local radio stations, as well as local newspapers, in both English and Spanish, and add this new group of participants to the listing for the May event. Commissioner Weber agreed. Community Services Commission Minutes 3 February 13, 2006 Commissioner Leidner confirmed that the March 13th meeting was primarily for the student leaders. He asked if it would be appropriate to invite any television stations to attend the May event. City Manager Genovese indicated it was in the purview of the Commission. Commissioner Weber expressed it could be good if the City made a good showing and hopefully received no negative press. City Manager Genovese indicated some of the cameras are up and operating at La Quinta Park but the fencing for the Skate Park is still being worked. Commissioner Leidner asked what was being done to gain participation for the Youth Workshop. Staff indicated La Quinta High School and Middle Schools were being contacted and meetings were being set up with the students. Commissioner Hackney indicated he can not attend the March 13th Commission Meeting due to business conflicts in Orange County. Commissioner St. Johns asked if anyone wanted to add to the workshop or outline. She referred to the proposed listing of participating organizations and corrected a name to "Riverside County Office of Education". She further indicated La Quinta High School held a "Friday Night Live Club" with student leader participation at a Drug and Alcohol -free event. Commissioner Hackney referred to the second point of the proposed outline on the Staff Report, in particular, the combination of youth and members of business organizations. He questioned whether youth input might be suppressed where youth and adults were mixed, if a dominant adult were present. Commissioner Leidner stated by inviting both youth and leadership from the business organizations off the listing, we assume the leadership understands this is about the youth. He indicated the Commission might consider having a meeting with the adults involved in a round table discussion and share the outcome desired to prevent anyone from having their own agenda. Commissioner St. Johns was hopeful by having youth involvement since March, the youth might lead and be active in the planning. Community Services Commission Minutes 4 February 13, 2006 Commissioner Leidner felt if the groundwork was laid properly, there should be no need for concern. He also wanted to extend an invitation to any city officials who would like to participate as well. MOTION — It was moved and seconded by Commissioners Hackney/Weber to adopt the proposal as presented, with the additional invitees and public service notifications in both English and Spanish as discussed at this meeting. Motion carried unanimously. B. Middle School Teen Dance Staff presented the information contained in the Staff Report, a copy of which is on file in the Community Services Department. Staff has requested assistance from the Commission at the dance being held on Friday, March 10, 2006. Staff explained there will be Boys & Girls Club Staff at the dance as well. The Commissioners all expressed their desire to participate at this event. MOTION — It was moved and seconded by Commissioners Hackney/Leidner for the commission to participate in this event. Motion carried unanimously. There was further discussion of the "Concert Under the Stars" event being held on Sunday, February 26, 2006. Staff explained the Commission will have a dedicated booth to promote themselves and the Community Services Department. Commissioner Weber indicated the Rotary Club will be serving beer and wine and he has heard good things of the performing group — Mike Costley and Friends. Staff indicated the non-profit organizations will be set up near the Senior Center. VII. CORRESPONDENCE AND WRITTEN MATERIALS A. Calendar of Monthly Events No other correspondence or written materials offered. Community Services Commission Minutes 5 February 13, 2006 VIII. COMMISSIONER ITEMS A. Reports from Commissioners Regarding Meetings Attended Commissioner Leidner discussed the Tour de Palm Springs annual bicycle event held during the past weekend. He indicated a major portion of the 100 mile ride went through La Quinta, with a SAG (stop and go) stop at the Fritz Burns Park. This year's event theme was to honor senior citizens. A dinner held on Friday evening recognized La Quinta's Senior Center as being one of the valley's finest senior centers, and Christina Calderon, Senior Center Supervisor, was present to receive a Certificate on behalf of the City. Commissioner Hackney visited one of the La Quinta Parks and commented the park was very busy with people having a great time. It was great to see. Commissioner St. Johns referred to Commissioner Gassman's e-mail, which indicated Commissioner Gassman had attended three Art Openings and a play at the La Quinta Playhouse. Commissioner Gassman's e-mail also indicated she could not attend the CPRS Conference. Commissioner Weber indicated he would check with his employer to see if he could attend the CPRS Conference on Friday, March 1 7tn Commissioner St. Johns confirmed the Fred Wolff Dedication was approved for March 18, 2006. Commissioner Weber shared he saw work being done on La Quinta Park's Interactive Water Feature on Saturday and all appeared to be progressing accordingly. He confirmed the building being constructed was a recirculation water treatment facility, which would promote use of recycled water. City Manager Genovese publicly thanked Tom Hartung, Building and Safety Director, for assisting with the Capital Improvement Projects in the absence of a Community Services Director. Mr. Hartung assisted with the Boys & Girls Club expansion, La Quinta Park's Skate Park fencing, as well as the Interactive Water Feature. Commissioner Leidner thanked City Manager Genovese on the Commission's behalf, for filling the void of the Community Services Director. The Commission asked about the grant outcome. A La Quinta Playhouse Communitv Services Commission Minutes 6 February 13, 2006 schedule was also requested, as well as copies of the General Plan Map. City Manager Genovese indicated these items will be obtained for the Commissioners. IX. ADJOURNMENT MOTION — It was moved and seconded by Commissioners Hackney/Leidner to adjourn meeting at 7:37pm. Motion carried unanimously. NEXT MEETING INFORMATION Monday, March 13, 2006 @7:00 PM La Quinta Civic Center - Study Session Room Submitted by: C Anna Sampson Community Services Secretary REPORT/INFORMATIONAL ITEM: oZ►D MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A Regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA February 1, 2006 10:00 a.m. I. CALL TO ORDER A. This meeting of the Architectural and Landscaping Review Committee was called to order at 10:00 a.m. by Planning Manager Les Johnson. B. Committee Members present: Bill Bobbitt, Frank Christopher, and Tracy Smith. C. Staff present: Planning Manager Les Johnson, Principal Planner Stan Sawa, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT CALENDAR: A. Committee Member Christopher asked that Page 3, Item 7 be corrected to state, "...commended the architect..." There being no further changes to the minutes of January 4, 2006, it was moved and seconded by Committee Members Christopher/Bobbitt as corrected. Unanimously approved. V. BUSINESS ITEMS: A. Site Development Permit 2005-851; a request of Desert Elite, Inc. for consideration of architectural and landscaping plans for four prototypical residential plans for use in Tract 31910 located on the west side Monroe Street one quarter mile north of Avenue 58. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Mr. John Pedalino, applicant, and Ron Gregory, landscape architect. Mr. Pedalino asked for clarification of the pilasters for the perimeter wall. Staff noted they were requiring the pilasters along Monroe Street as well. G:\WPDOCS\ALRC\2-1-06 ALRC.doc K� Architecture and Landscaping Review Committee February 1, 2006 1 . Committee Member Smith asked the purpose of the two gates into the retention area. Mr. Pedalino stated they were for access to the retention basins for maintenance. 2. Committee Member Christopher asked if there were planter beds in front of the pilaster at the entry gate. Mr. Gregory stated yes. Committee Member Christopher asked if the access gates to the retention basin would be the same railing material. Mr. Pedalino stated it would be tubular steel. Committee Member Christopher asked if the intention of the courtyard gates was to make them look different or the same. Mr. Pedalino stated they were looking for a different look. They are yet to decide whether or not the courtyard will be option or part of the package. The concept of floor plan is to market to retirees or semi -retirees. 3. Committee Member Bobbitt asked if separate restrooms for the maintenance workers would be constructed. Mr. Pedalino stated he was not sure if they would, as this development is not that large. They were willing to make the adjustment to allow the third outside restroom for the workers. 4. Mr. Gregory asked how they would be required to offer the desertscape landscaping. Staff stated the turf area is small; they could substitute it with decomposed granite or river rock. Staff is just asking that the option be offered. 5. There being no further questions of the applicant, it was moved and seconded by Committee Members Christopher to adopt Minute Motion 2006-004 recommending approval of Site Development Permit 2005-851, as recommended and as follows: a. Front entry gate designs shall be varied throughout the project. b. A third restroom for workers shall be added to the common area restroom. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None. VII. COMMITTEE MEMBER ITEMS: None 01 ra r r`� t G:\WPDOCS\ALRC\2-1-06 ALRC.doc 2 Architecture and Landscaping Review Committee February 1, 2006 VIII. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Christopher/Bobbitt to adjourn this regular meeting of the Architectural and Landscaping Review Committee to a meeting to be held on March 1, 2006. This meeting was adjourned at 10:28 a.m. on February 1, 2006. Respectfully submitted, iB*ET. YER Executive Secretary G:\WPDOCS\ALRC\2-1-06 ALRC.doc 3 Department Report: I —A 10 �r �• �� 7��jvnamMATTn �� OF ' TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager ,#,g DATE: March 21, 2006 SUBJECT: Department Report — Response to Public Comment The following public comments were made at the March 7, 2006, City Council meeting: 1. Ira Boiko, 44-750 Seeley Drive, requested an update on the Vista Grande issue. City Manager Genovese responded that he will be meeting with the City of Indio later in the week. 2. Joyce Sivley, 79-775 Westward Ho Drive, asked when the yellow sand bags on Westward Ho Drive would be removed. Mayor Adolph explained that it's part of the Jefferson Street Improvement project, for which the County is the lead agency. He directed Public Works to check and report back to Ms. Sivley. As of March 15, 2006, the sandbags have been removed. DEPARTMENT REPORT: 4 64&Q�rw MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: March 21, 2006 SUBJECT: Department Report - La Quinta Library Quarterly Report Per the City's Memorandum of Understanding with the County of Riverside, the La Quinta Library Quarterly Report for the second quarter of 2005 is attached. La Quinta Public Library Quarterly Report October 2005 — December 2005 Circulation In October 2005, the La Quinta Public Library circulated a total of 8,017 items. In November 2005, the library circulated 7,949 items and during December 2005, 7,069 items circulated. The library was open a total of 168 hours during October, 158 hours in November, and 172 hours in December. This means that an average of 48 items, including fiction, non-fiction, a children's; videos and DVDs; music CDs; books -on -tape; and magazines were borrowed per hour open in October. The November average was 50 items, and for December, it was 41 items. Collection The La Quinta Public Library continues to receive new library materials. A total of 1,081 new items for adults and children were added to the collection during this quarter. During this quarter the highest circulating items were juvenile books, with adult fiction coming in closely behind. New Borrowers Approximately 500 new library cards were issued each month for a total of over 1,500 cards issued during this past quarter. This brings the total to more than 2,550 new library cards issued since the new library building opened to the public. Programming A Preschool Storytime is held every Tuesday morning and attendance is steadily rising. During October, 143 children were in attendance; in November, 185 children were served; and in December, 80 children were present. (Note: In December, because of the holiday season, there were only two Preschool Storytimes.) A total of 11 preschool programs were presented during the quarter. A Bilingual Storytime is held on a weekly basis and a total of 13 programs were presented during the months of October, November, and December with a total of 88 children in attendance. A Lap -Sit Program for parents and toddlers is held weekly just prior to the Preschool Storytime. During this quarter, there were 10 lap -sit programs with 142 participants. The Thursday Afternoon Storytime draws a smaller crowd. During this past quarter, there were a total of nine afternoon programs with 48 in attendance. Although originally planned for preschoolers who were unable to come to the morning storytime session, this relatively low attendance led to a re-evaluation of the program. Staff now uses the successful and informal Grandparents and Books format to share stories, puppets, and poems with primary grade students. There were 13 elementary school Class Visits in October and five Class Visits in November that received special tours and bibliographic instruction. There were no Class Visits in December. A total of 406 children participated in the Class Visits, and each was issued a library card. La Quinta Public Library Quarterly Report October 2005 — December 2005 The La Quinta Library Book Club met the first Monday of October, November, and December. The monthly themes were: "Your Favorite Summer Read," "Biographies and Autobiographies," and "Steinbeck." The highlight of this quarter was the Library Dedication/Grand Opening on Wednesday, November 16. Hosted by the City of La Quinta, the event was attended by local residents, library staff, city officials, and dignitaries. Library Tours were provided by volunteer docents. Every child attending this special event received a free paperback book donated by the Friends of the La Quinta Library. Volunteers A total of 631 volunteer hours have been logged in during this quarter. In October, ten volunteers worked a total of 131 hours; in November, 43 volunteers worked a total of 365 hours; and in December, 13 volunteers worked a total of 135 hours. There were four new volunteers in October, an additional four volunteers in November, and three more new volunteers in the month of December. Friends of the Library The Board of Directors of the Friends of the La Quinta Public Library met on the third Wednesday of the month beginning in October and continued to meet on a monthly basis thereafter. Board members are planning to hold an Annual Meeting and Author Event during the third quarter of the year. Estimated La Quinta Library Expenditures October 1 — December 31, 2005 Library Contract Expenditures $ 95,158.00 LSSI Expenditures 5,727.00 Library Materials Selected County Expenditures 1,152.00 Personnel 1,407.00 Insurance 69.00 Memberships Miscellaneous Expense / Postage 921.00 Accounting Costs 40.00 108.00 Travel and Conference 1,737.39 County Support Services 2,773.02 Library Headquarters 227154.35 Network and Wireless 3,545.20 Phone and Data incidentals 7,246.34 Phone system TOTAL LA QUINTA EXPENDITURES $142,038.30 Department Report: kmo _ o� '�r i'��I>kncman7in �• OF T TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: March 21, 2006 SUBJECT: Department Report Regarding a Presentation by the Palm Springs International Airport Director of Aviation At the February 7, 2006, City Council meeting, Palm Springs International Airport Commissioner, Nancy Doria, gave a presentation on current activities at the airport. She suggested that the Director of Aviation, Richard Walsh, be invited to give a presentation regarding the planned airport expansion. Should the Council desire to hear this presentation, staff will contact Mr. Walsh to schedule the presentation for the April 18, 2006, City Council meeting. DEPARTMENT REPORT: March 2006 La Quints City Council Monthly Calendar April 2006 La Quints City Council Monthly Calendar 2 3 / 3 Daylight Savings Time 4 '5 2:00 PM City Council 10:00 AM ALRC Meeting 6 17 1 9 �0 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 - 1 6 -- -- 17 18 19 20 21 22 Easter 2:00 PM City Council 3:00 PM Historic Preser- 9:00 AM CVA Henderson 'h JI' Meeting vation Commission Printed by Calendar Creator Plus on 3/14/2006 '�' `�' 0 May 2006 La Quinta City Council Monthly Calendar DEPARTMENT REPORT: a� CITY COUNCIUS a UPCOMING EVENTS MARCH 21 APRIL 4 APRIL 18 MAY 2 MAY 16 JUNE 6 JUNE 20 JULY 4 JULY 18 CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING F �� a'��•c DEPARTMENT REPORT: tiS OF T TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety —7-4 - DATE: March 21, 2006 RE: Monthly Department Report - February 2006 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of February. Also included are Monthly Executive Status Reports for Vista Dunes Courtyard Homes and City Hall Expansion. The reports depict the following highlights: • Year to date building permit valuation is $81,767,501 which represents an issuance of 855 building permits through February; • 418 animal control cases have been handled through February; • 550 code compliance cases have been initiated through February; • $1,060.00 - garage sale permit income in February O [� O •--+ N M O� Qn C O1� N 00 00 `O � `O M � O� •-+ O O •--� 00 C� � O� kn O � N lt:t l- O N kn t` M O kn in � I- yr r- � N O M � 0111 M M '-+ '--� M M M N M N •- -� N M O O N --� .t3 .-� M101,11 � M Q1 •--i M O lI') to � a A N in 1� O v� l� N O 00 d' l-- M - 00 00 O� 00 t` kr l� 00 d' M O r-" O M t` M d' 00 N O� `O • -� M N M N cr t` �t '-+ N 00 to N "I O M "o � \16 N N ct r-+ 11 N O`tPizM �O -c [� ITT O O �--� OM R N M N d' O� � DnM ml� W rA 0 4 A � oo in �i .O p .. 4 �n O C1 -1 O 00 O O N `O kn It C r-+ \.o M t- Vn r- 00 t` O N - C� N 00 00 00 (DIN Ol\ 00 �10 N Cl) C� d- 00 00 - `O N O Ol� M I'O [� M t` kn [ O� O N to M O a1 01 a1 d' N N o0 00 " 100 aO , A PLO EO C 00 00 V) N rn 06 O Ln M oo --� •-i N oo �n oo rr rH t- �D t O—ILIO 00 N ^- Co �O t� LCM,01 kn 00 P= O >1 U 0 tO .fl U ." O ti ti ti Q I Ol N O O O H O O N rn m Ill O d4 M O O (n O O O O N 1 I OD r- l0 O \D d' 0 0 rn lD C- r l O r) (n l0 0 0 0 0 0 0 �D I I I U] r- Ln 01 Lf) I Lf) Lf) (Y) Ln dI rr) lD [r M '1 O N r-I O O li I [i1 I (Y) O (Y) Ln to T t f() m 0) 1D 0 00 T r') T CO CO 0 0 m W I lfl oD rY) 00 O d' r` -1 rY) d1 (Y) Ql Ln N N lD m I I L14 I Ol N rY) Ln m lD H rl I i r4 (Y) co I I I a 1 W Ezi 1 1 j>4 g I rY) d' (Y) 00 w O O O O H H O O (Y) O lD d' CO 0 0 0 H t ,`D I <` (V lD O H Ln O H N Ln rY) rY) O lD (Y) CO O U) H I 1 lD r-I r- O Ol M lD N 14 r-1 Ln CO CO 0 rY) r- O (Y) Ln ri m O Ol N mot' r` r- lD Ol VI m N lD Ol O M d' (n lD IT H H N N Uf) H LIl CO O H 134 to H H lD (Y) m w 1D w � a r-i N i 4 N O n a 1 N rYl 0 a I I a I I w I a co E-+ Ln Ln m O l0 O H H m H Ol H r-1 Ln (Y) Ln CO O (Y) O N 00 N I Gc] H N lD N H r-I CD Ln H U) rYl d' O I U] W I a I I t I I I I I i 1 U) O N d, H ri Ol rl t` r I r-I Ln r- it w o rn O N 00 Ol I I o-a I lD H l0 CO H m 00 a I (Y) a 1 I I I I I I I I I 1 t 1 O U) O O W O O O Ol (Y) N O 0 o 0 rq O l O N O O 0) I I cn I C. O O O 1-4 0 0 0 H H Ln O Ln m Ol CO O N O O O O wain W , a O W W I . . . . . . . . . r1 r` rn Ln OD (DCO (DDl rY) 1 O Ln \ a I I w I Ln rn Ln 00 rY) 00 ri r- LO Lf) O l0 Ol Dl rY) rn E 1 CO >-4 zr CO CO N N 00 CO W rY) w w N N E N d N H lD cM 0 (n O Z\ I I H N N CO Yl O N E-I I I rn H Fi �>i I I H X Ei 1 1 z 1 9Za W I I E-+ I U LY W Cx I O N M U)lD O O O O CDN CD 0 0 0 0 r- CO CD CC) 0 CD C� H x 04 FC 1 (� � I Un m00 w Op O lD 00 0 o L- N O rl O lD 7 H cn I O C 1 o lD CD o H Ln w (D N r Ln 'Ir m U) dt O lD far a I H F, I to Ol O N N VI ri N N W ri dr r- N N N 00 a 1p a I a '' I O N N m N r` N rY) N H r- Ln ri H r-i O O I w I N (1) r-i r-i r-i rl H Ol H Ln \ I a a I H H O C a O \ U)NU)a l x U Ei H I Ei I H H �D I Cn I D n X M I I H I (D (Y) N N Lf) O O O Ln r1 W O CO N N (Y) O O (Y) "r O V' O U) O a H I r i ri r I ri d, H O N C� lD lD Eiaa 1 1 a 1 FC W H I I W I E-,anZ I I a 1 U) W W I W �D I H x U) Ei I I U) I o rn N N rYl O O O L) H (n O Ib ri 1,0 CO O T (Y) Ln O rYl C� H Ei CI) a 1 I a 1 r-4 r-i ri V N Ln N CO " 9 1 1 a 1 a s a 1 a w0aw 1 F:� 1 134 1114 on 1 P4 I Cf) I a I I I I H O I w H I U 1 I I 1 H FC W H cn U U z a H I I EKc w w -4 H O Q a U) H F� H w w FC .� r z a z I I U E 1 HFC z zU a �a O LZI >4 w a H Z x Q x Z cf) X 1�I Ei a Ei z ww PF"Wwx U)X UZKC w oa 1 1 co wf:4W,miF. w0 a WH a aHw I 1 �7H xH0E-aw a w n p wEia I 1 X(j) PUPO X Fi z z x U H FC W 0 1:4 m w I I x co w H 1-1 a w as own cn oaa [I] I I I I 0 as UaH coH 1 a 1 1 W z rl W W W I cn H 1 >+ 1 17i a Ua0a0 FCFC>� I E-1 I XZZxuxuwUUOoo H H U U z F34 z I Z I 0"r1+0 1 0 1 1 azz H W W 1 0FA EiFCa I O I UE-\U U HFCOOPPQn 0E-1 UH0 H 1 Hra 00uxrl 00aaazzU04 , H 1 3na303�� WUHH��O 1 WC7G�W� FC W O W W W Fa W 9 9 a W W O W 3 H H P4 W U I ZFC3ZP4Znn WXaQ1aP:PGaaQU)MMP a Cl) O U x F PQ z 1 a I �D UZ UX rr4 W U H Pa as QC7HH •.; 1 a I aa004COWCnawr4UaUwaawHOQ,H I g I FCgMUUUnQ WXaQ,aaaP4aMU)U)MH 3 III�I�� IIII�1� �11 OII� I�11111�� O a w oc Oct cn w U Z Q J a O 0 w 0 O U • Sewer and Water plans submitted to CDWD. Still reviewing • Electrical engineer submitted demo plan and completed application. Waiting for IID to schedule their removal crew. • Street utilities located by appropriate agencies. Completed. • Asbestos survey completed —planned abatement being scheduled. Abatement completed. Awaiting AQMD clearances. • PWCI commenced creating master project schedule (from now through construction completion). • PWCI commenced site and building cost estimating. • No negative community related problems/issues reported. • Removal of all Trailer units except park administration doublewide. Schedule Performance Project to Date • Not applicable —will begin tracking next month Bud et Performance Project to Date • Original Estimate: $12,500,000 • Plus Contingency (10%) 1,250,000 • Total Budget: original bid, contingency, plus approved C/Os 13,750,000 • Change Orders (0): 0 • Current cost commitments (original bid + change orders): 0 • Contingency usage to date: 0 • Contingency budget remaining: 1,250,000 • Current commitments as % of Total Budget ($13,750,000) 0% Safety Performance Project To Date • No Lost Time or Claims due to injuries or safety violations. • No on -site accidents to date. Upcoming Month Priorities/Key Activities (March, 2006) • Monitor progress on approvals from CVWD on water/sewer plans. • Site Electric to be terminated by IID • Complete site demolition of old utilities, Concrete and Asphalt. • Finalize all civil plans including utilities and street plans submitted by MDS 3/6/2006. • Tree and foliage removal • Continue cost value engineering and cost estimating on buildings • Completion of bid documents including Civil plans. • Complete bid package information for Phase 1 grading, infrastructure and site construction activities. • Removal and closure of the existing water well. C0 • Kickoff meeting was held on Feb. 16, 2006 • Reviewed all major phases of design and engineering. • Code compliance check by City Building and Safety. • Review of existing utilities. • PWCI to begin their range of magnitude costs. • No negative community related problems/issues reported. Master Project Schedule/Key Milestones • Master schedule to be completed and submitted under separate cover. Schedule Performance Project to Date Not applicable —will begin tracking next month Budget Performance Project to Date • Original Estimate: $9,500,000 • Plus Contingency (10%) 950,000 • Total Budget: original bid, contingency, plus approved C/Os 10,450,000 • Change Orders (0): 0 • Current cost commitments (original bid + change orders): 0 • Contingency usage to date: 0 • Contingency budget remaining: 950,000 • Current commitments as % of Total Budget ($10,450,000) 0% Safety Performance Project To Date • No Lost Time or Claims due to injuries or safety violations. • No on -site accidents to date. upcoming Month Priorities/Key Activities (March, 2006) • Design review meeting set for March 14, 2006. • Monitor progress of Design and Engineering team. • Architectural/Civil plans to be reviewed for code and ADA compliance. • Finalize all civil plans including utilities and street plans • PWCI to continue range of magnitude costs. F 7 Department Report: 5 0 ti OF TO: The Honorable Mayor and Members of the City Council FROM: Douglas R. Evans, CommuQk Development Director DATE: March 21, 2006 SUBJECT: Department Report for the Month of February 2006 Attached please find a copy of the Community Development Department Report which outlines the current cases processed by staff for the month of February. P:\Monthly Report Folder\FEBRUARY 2006.doc 1 Z w cr- W 0 W O w w M Z D O 0-0 LLJ I.L Cq O Z p}C W 2 cr OC o0 Q w Q_ L.L W 0 0 LU O CL m a E D a. U U) W Y U C LLU U) Q W � N -a -0 -0 -0 -0 a) 4-1 -0 -a -0 -0 -0 -0 -0 -0 -0 "a U = • p E a) � ! () a- f •E a) a-+ •E a) i-+ •E a) � •E a) �--� 'E ' E a) a--� .E a) a--� .E a) a--� •E a) �f--� •/E� a) i-+ •E a) i- •/E� a) i-+ •E a) �--� .E a) t--� •E a) t--+ •E V , O E Lu Z Q -0 i0 30 -0 i1 -0 ii Zi ii ii ii ii -0 ii -0 Z c AL^A' W N J S Q VI Vi fn cn � cn � (n fn cn fn cn fn cn cn fn fn r� �i M O O O O 0 0 Co M N M 0 0 It O CM Q cn Z O_ J ~ � F- W a) m -C W U U a. 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In 0) C`M > C") co > r- O— co (n cn a) U= co C O E M LO a Lo aa) Lo m 0 co co cO Lq 0 N co 00 0-0 �O 0 f— U �O .�O {- cu Lo U �p �O �O UO +-, 00 -c0 00 coo -00 N -pN LO -O N O a) U N UO 'L. `-0 (n0 0 cr _ > _ > W co 0 c ,a? co N N +-� N N c 0w 0> dwNo0 Uo-i a_ -i o- oca_ C•] . s c 0 CL DEPARTMENT REPORT: 6Q_ 0 n10.0J o� TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: EDIE HYLTON, COMMUNITY SERVICES DIRECTO DATE: MARCH 21, 2006 SUBJECT: TRANSMITTAL COMMUNITY SERVICES DEPARTMENT REPORT FOR THE MONTH OF FEBRUARY 2006 UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF APRIL 2006: April 3 *Morning Workout (Exercise Class) April 3 *Introduction to the Computer April 3 *Digital Photography April 3 *Microsoft Excel (4 classes) April 3 Introduction to Drumming and Percussion, Senior Center April 4 Mindfulness Based Stress Reduction, Senior Center April 4 *CPR & First Aid April 4 *Intermediate Tap Dance April 4 Pony Club, Rancho Polo April 5 Line Dancing, Senior Center April 5 *Latin Dance April *Scanning April 5 *Introduction to the Internet April 6 Printmaking Without a Press, Senior Center April 6 *Beginning Tap Dance April 6 *Tai Chi Chuan - Traditional April 7 April 8 *Mat Pilates 6-on-6 Dodgeball Tournament, La Quinta Boys & Girls Club April 10 *Introduction to Word Processing April 10 *Photo Editing 1 April 11 *Italian for Everyone April 12 *Introduction to E-Mail (Outlook Express) April 12 *Photo Editing 2 April 13 *Mosaic Tile Art April 17 *Word Processing — Level 2 April 17 *Photo Editing 3 April 17 *Quicken Banking Module (4 classes) April 17 *Hooked on Loops — Traditional Rug Hooking April 17 *Stained Glass April 18 *Watercolor Lessons April 18 Belly Dance Intermediate & Advanced, La Quinta High School April 18 Mosaic Tile, Senior Center April 18 Rock'n Blues Guitar, Senior Center April 18 Beginning Guitar, Senior Center April 18 Advanced Adobe Photoshop Elements, Senior Center April 19 Let's Do Business, Senior Center April 19 Kickboxing Boot Camp, Senior Center April 19 Using Microsoft Excel, Intermediate Level, Senior Center April 19 *Photo Editing 4 April 19 *E-Mail — Level 2 (Outlook Express) April 19 *Sketch & Draw April 20 *Annual Senior Center Volunteer Luncheon April 20 Introduction Adobe Photoshop Elements, Senior Center April 20 Dance, Play & Pretend, La Quinta High School April 20 Beginning Ballet, La Quinta High School April 22 Old Town Sand Diego Excursion April 24 *List & Labels April 24 *PrintShop Publishing 1 April 25 Tai Chi Chuan, Senior Center April 25 *Tai Chi Arthritis April 26 *PrintShop Publishing 2 April 26 *Files and Folders April 27 *Mature Driver Training April 29 Annual Community Picnic & Birthday Bash, Fritz Burns Park *Daytime Senior Center class or activity 4 '_` 1 Monthly Revenue Report for February 2006 Monthly Revenue - Facility Rentals 2005 2004 Variance Senior Center $ 2,938.00 $ 2,817.00 $ 121.00 Library $ 2,030.00 $ - $ 2,030.00 Parks $ 420.00 $ 400.00 $ 20.00 Sports Field $ 93.00 $ - $ 93.00 Monthly Facility Revenue $ 5,481.00 $ 3,217.00 $ 2,264.00 Year to Date Facility Revenue $ 31,838.00 $ 25,706.00 $ 6,132.00 Mnnthiv Revenue Senior Center $ 15,301.00 $ 14,372.00 $ 929.00 Community Services $ 7,353.00 $ 5,676.00 $ 1,677.00 La Quinta Resident Cards $ 8,460.00 $ 16,035.00 $ 7,575.00 Total Revenue $ 31,114.00 $ 36,083.00 1 $ 4,969.00 Revenue Year to Date Senior Center $ 81,058.00 $ 65,151.00 $ 15,907.00 Community Services $ 80,413.00 $ 64,851.00 $ 15,562.00 La Quinta Resident Cards $ 29,565.00 $ 26,460.00 $ 3,105.00 Total Revenue to Date $ 191,036.00 $ 156,462.00 $ 34,574.00 Community Services Department Attendance Report for the Month of February 2006 Program 2006 Summary Sheet 2005 Variance Sessions Per Month 2006 2005 Leisure Classes 121 184 -63 56 58 Special Events 512 132 380 4 2 Adult Sports 314 400 -86 19 19 Senior Center 1612 1521 91 126 132 Total 2,559 2,237 322 205 211 Senior Services Senior Center 329 274 55 21 15 Total 329 274 55 21 15 Sports User Groups La Quinta Park Use AYSO 700 950 -250 25 14 FC La Quinta 15 0 15 8 0 Sports Complex LQ Sports & Youth 150 200 -50 22 2 Facility/ Park Rentals Senior Center Church 320 500 -180 4 8 Private Party 450 300 150 3 2 Park Rentals La Quinta Park 160 240 -80 4 6 Fritz Burns Park 150 80 70 1 2 Cove Oasis Trailhead 50 0 50 1 0 Library Multi Purpose Room 500 0 100 2 0 Classroom 50 0 50 1 0 Total 2,545 2,270 -175 71 34 Total Programs 1 5,433 4,781 L 202 297 260 Volunteer Hours Senior Center 221 459 -238 Total Volunteer Hours 2211 459 -238 Community Services Program Report for February 2006 gnnF 2005 2006 2005 Participants Participants Variance Meetings Meetings Leisure Classes Watercolor for Teens 4 0 4 2 0 Clay Play 2 0 2 4 0 Clay Construction 4 0 4 4 0 Mosaic Tiling 3 0 3 1 0 Tai Chi Chuan 4 10 -6 3 4 Yoga Feldenkrais 6 6 0 2 4 Feldenkrais Awareness Yoga 6 0 6 1 0 Beginning Bell dance 16 10 6 4 4 Advanced Bellydance 7 6 1 3 4 Ballroon Dance 10 11 -1 4 3 Lince Dance 12 0 12 4 0 Beginning Ballet 9 11 -2 2 2 Dance, Play, & Pretend 12 19 -7 2 2 Pony Club 1 0 1 4 0 Intermediate Guitar 1 0 1 1 0 Beginning Drumming 1 0 1 4 0 Italian for Travelers 9 7 2 1 4 Adobe Photoshop Advanced 2 0 2 3 0 Adobe Photoshop Introductory 5 0 5 2 0 BeginningComputers 1 6 9 -3 2 4 Microsoft Word 1 0 1 3 0 Totals 1 121 89 32 56 31 inns 2nnti 2006 2005 Participants Participants Variance Meetings Meetings Special Events Big Bear Teen Excursion 12 32 -20 1 1 Algodones, Mexico Excursion 40 0 40 1 1 Neighborhood Pet Show 110 100 10 1 1 Community Jazz Concert 350 0 350 1 0 Totals 512 132 380 4 3 Participants Participants Variance Meetings Meetings Adult Sports Open Gym Basketball 134 180 -46 15 15 Adult Soccer League 1 180 220 -401 4 4 Totals 314 400 -86 19 19 Recreation Totals 1 9471 6211 79 1 53 Senior Center Attendance Participation Participation Variance Meetings _Meetings 2006 2005 2006 2005 Senior Activities ACBL Bridge 372 393 -21 4 3 Bridge, Duplicate/Social/Party 406 410 -4 13 20 Monthly Birthday Party 15 36 -21 1 1 Monthly Luncheon 101 81 20 1 1 Putting Contest 7 0 7 1 0 Movie Time 56 41 15 4 4 Senior Activity Total 957 961 -4 24 29 Senior Leisure Classes Arts & Crafts 21 29 -8 4 4 Ballroom/Swing 14 43 -29 3 7 Bridge Lessons 128 93 35 14 18 Computer Classes 47 35 12 10 7 Computer Tutor 1 5 -4 1 3 CPR & First Aid 9 0 9 1 0 Current/Political Events 55 0 55 4 0 Dog Training 9 11 -2 4 3 Exercise 59 59 0 11 13 Golden Tones 87 81 6 4 4 Italian 10 0 10 1 0 Piano 2 0 2 2 0 Pilates 7 17 -10 4 4 Quilting 37 31 6 4 4 Rug Hooking 7 12 -5 4 4 Sketch/Draw 24 27 -3 4 4 Spanish 25 35 -10 4 3 Tai Chi / Tai Chi Arthritis 19 24 -5 7 9 Tap Dance 25 24 1 8 6 Watercolor 52 30 22 6 8 Woodcarvers 17 4 13 2 2 Senior Leisure Classes Total 655 560 95 102 103 TOTAL SENIOR PROGRAMS 1612 1521 91 126 132 Senior Services AARP Tax Assistance 75 48 27 7 4 FIND Food Distribution 167 159 8 4 4 Health Screenings by Eisenhower MC 5 0 5 1 0 Hearing Consultation 4 2 2 1 1 I.I.D. Energy Assistance/No fee 25 32 -7 3 4 Legal Consultation 3 7 -4 1 1 Medical Insurance/HICAP 8 3 5 3 1 Seminars for February 17 0 17 1 0 Volunteers 25 23 2 n/a n/a TOTAL SENIOR SERVICES 3291 274 55 21 15 SENIOR CENTER TOTAL 1 1941 17951 1461 147 147 DEPARTMENT REPORT: Oil a' c V -MV 4 OF'f TO: The Honorable Mayor and Members of the City Council FROM: , Timothy R. Jonasson, Public Works Director/City Engineer DATE: March 21, 2006 RE: Public Works/Engineering Department Report for February 2006 Attached please find the following: 1 . Citizen Service Request Summary; 2. Encroachment Permit and Plan Check Services Summary; 3. Capital Improvement Plan Status Update; 4. 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ICrack/Joint-Repair 0 0 0 0 0 1003 _ Pavement Marki ng/Legends 0 0 0 0 0 1004 Pavement Marking/Striping 0 011--- 0 0 0 1005 Curb Painting 0 01 0 0 0 1006 Other Traffic Controis 18 0 0 0 18 1007 Curb & Gutter Repair/Const. 0 0 0 0 0 1008 Other Concrete Repairs/Const. 2 1 ) 41 - 0 0 4 155797street 1010 -- 10*11 1 sign install (New) Street Sign Repair/Maint Debris Removal 0 14 10 12 23 22 3 0 0 0 0 1 9 12 3 8� 42 1012 1021 Right of Way Maint. CLEAN Catch Basin Inlet/Outlet 60 0 24 -11 1 0 0 0 OL 84 111-- 10212 Rondo Channel OutletNault 0 0 0 0 0 1 0221A Desert Club Outlet/Vault 0 4 0 0 4 1023 S.D./D.W./C.B. Repair/Maint. 0 6 0 3 9 1024 i Gutter/Median Sand Removal 0 0 0 0 0 1025 Street Sweeping (Machine) 148 0 0 0 148 1026 ping (Hand) Street Sweeping 0 0 0 0 0 10127 Sidewalk/Bike Path Cleaning 6 3 13 0 22 1028 Dust Control 0 0 0 0 A 1029 Flood Control 0 0 0 0 0 1031 Parks/Retention Basins Inspection/Clean- L 3 2 3 10 1041 1051 Mowing/ Weeding, Shrubs& Tree Trimmini Landscape/irrigation Contract Managemer 94 0 32 721 25 244 1 1&5 152 334.5 1052 1061 !Small Lighting/Electrical Contract Management Tools Repair/Maint. 0 2 0 0 0 0 16.51, 01 16.5 2 1062 1063 Equipment Repair/Maint. Vehicle Repair Maint. 0 9 1 5 0 0 0 0 1 14 1081 Trash/Lifter/Recycable Removal 2 6 0 0 10 1082 IVandalism Repairs 2 0 0 0 1083 Graffiti Removal 197 81.5 4 2 284.5 1084 Maint- Yard Building Maint. 8 11 0 2 21 1085 Seminars/Training 0 4 0 8 12, 1086 Special Events 0 0 0 0 0 1087 Citizen Complaints/Requests 71 5 0 0 76 1088 1089 Meeting Office (Phone, paperwork, reports, Misc.) 5 5 8 10.5 8 61 27., 331 48 54.5 SUBTOTAL 694 424-51 3041 1441 1566.5 1091 T—Over Time 17 17,5 0 0 34.5 1094 1095 Jury Duty( Sick Leave 0 32 0 23.5 0 0 0 8 0 63.5 1096 Vacation 10 0 0 OL 10 1097 Holiday 40 32 16 8 96 1098 Workman Comp. 0 0 0 0 0, 1099 Bereavement 24 0 0 0 24 SUBTOTAL 123 73 16 16 228 TOTAL HOURS 817 497.5 3201 160 1794.5 ITOTAL MILES 34471 14631 13831 3761 6669 Department Report: `7 tL"I f 1 7 1 1 :Maer,,;ed by tip, Pjverside Caum '-'herf'a Depamem Police Department Monthly Report February -- 2006 Prepared for City of La Quinta La Quinta Police Department Captain Walter Meyer, Commander February -- 2006 Highlights (Numbers in parenthesis denotes number of calls for service that day) Wednesdav, 02-01-06 (73): 0244 hours - While patrolling the Via Cortina Apartments, Deputy Drafton observed a vehicle matching the description of a vehicle associated with persons suspected of committing vehicle burglaries. He made contact with Leonardo Mauricio Benitez and Justin Nathaniel Brack who were sitting inside the vehicle. The men initially denied being involved in any criminal conduct, but after being questioned they admitted they were there to steal a specific set of vehicle rims to deliver to a friend. Both men were arrested for conspiracy, attempted grand theft and both were booked at the Indio Jail. Thursdav, 02-02-06 (88): 0010 hours - Deputy Donowho responded to the Wal-Wart reference a shoplifting suspect in -custody. Based on her investigative skills, she determined that Rashonda Ward had committed a burglary by entering the establishment with no money and taking the items from the store. Ward was booked at the Indio Jail. Fridav, 02-03-06 (75): 1100 hours - Deputy Reynolds arrested Melchor Romero for grand theft and receiving stolen property at Avenue 58 and Monroe Street. Romero was caught stealing tools from a construction site. Saturdav, 02-04-06 (62): 2152 hours - Deputy Lugo and Deputy Reynaga responded to the wash behind Kohls Department Store on Hwy 111 to investigate a report of a theft. Kohls security saw a person stealing items from the store and removing the security tags with an unknown -type tool. Deputies apprehended Rodney Dwayne Price, a transient from Indio, as he attempted to flee the area. Price had discarded several pairs of socks as he fled and he was wearing six additional brand-new pairs of jeans under his pants. Price admitted going into the store to steal the clothing. He was arrested for commercial burglary and booked at the Indio Jail. Sunday, 02-05-06 (48): 1725 hours - Deputy Covington responded to Washington Street and Fred Waring Drive to investigate a reported traffic collision. She contacted Travis Tarnow and learned that he had run a red light causing the collision. Both occupants of the second vehicle were transported to John F. Kennedy Hospital with complaint of pain. Tarnow was evaluated for driving under the influence of alcohol and arrested. Tarnow was booked at the Indio Jail. 2227 hours - Deputy Burk responded to the Mission Dunes Clubhouse at the La Quinta Resort to investigate a report of a burglary. Upon arrival, Deputy Burk learned that security personnel had responded to an alarm at the clubhouse cart barn. As they arrived, they encountered two subjects running toward the golf course carrying golf clubs. After a brief struggle, they detained one subject, Kenneth Richard Scheffle. The second subject dropped the clubs he was carrying and fled on foot. Deputy Burk located bolt cutters and a pry bar near the discarded clubs. Scheffle was uncooperative and would not give any information about the second subject. Scheffle was arrested for burglary and possession of burglary tools. He was booked at the Indio Jail. 2354 hours - Deputy Covington responded to a residence in the 81000 block of Muirfield Village Drive to investigate a report of a domestic disturbance. Deputy Covington learned that Laura Lindstedt, had been arguing with her live-in boyfriend, Robert Bentrup, and she had repeatedly struck him in the face. Bentrup was bleeding profusely from the nose. CDF responded but Bentrup refused medical treatment. Lindstedt was arrested for domestic battery and booked at the Indio Jail. Mondav, 02-06-06 (62): 1250 hours - Deputies Castellanos and Russo responded to The Seasons (an adult community on Blue Sky Way) regarding an unattended death. The decedent was Mary Thomas. The coroner arrived and told deputies it appeared Thomas died of natural causes. Tuesdav, 02-07-06 (51): No Significant Activity Wednesdav, 02-08-06 (72): 0935 hours - Corporal Ward and Deputy Olsen handled an unattended death in the 44000 block of Foxtail Circle. The decedent, Dean Grannan, had collapsed while sitting on his bed. He apparently died of natural causes and had a history of heart problems. 1242 hours - Deputy Ortega handled an unattended death in the 78600 block of Calle Tampico. The decedent, Michael Carr, hung himself in the garage. Carr's girlfriend found him in the garage. Carr had been involved in a verbal dispute with his girlfriend prior to committing suicide. He suffered from depression and had threatened suicide in the past. Thursdav, 02-09-06 (66): 1930 hours -Deputy Ervin responded to the La Quinta Super Wal-Mart regarding a shoplifting suspect being detained by security. Upon arrival, Deputy Ervin met with the Wal-Mart security and the suspect. It was determined that the suspect, Linda Shaw, had prior contacts for shoplifting and was currently on parole for shoplifting. Shaw was arrested for theft with prior conviction and violation of parole. She was booked into the Indio Jail. Fridav, 02-10-06 (68): 1815 hrs-Corporal Black and Deputy Nieburger responded to a suspicious circumstance call near the Bear Springs Trailhead, located in the area of Ave. Juarez and Calle Tecate. According to the reporting party he saw what appeared to be someone flashing a flashlight about half way up the north -facing mountain, south of the trailhead. He was worried that someone might be trying to send out some sort of distress signal. Upon Corporal Black and Deputy Nieburger's arrival, they also saw the flashing lights. The flashing light then stopped. At this time, no hikers have been reported missing or overdue. 2100 hours - Deputy M. Covington responded to the 29000 block of Paseo Del Ray to investigate a report of an incorrigible juvenile. While standing outside the residence, the front door opened and a large dog exited the residence and bit Dep. M. Covington on her right thumb. She sustained two minor puncture marks and refused any medical treatment. Saturday, 02-11-06 (67): 0720 hours - Deputy Butvidas arrested Andres Ruiz at his place of employment for spousal battery, false imprisonment, vandalism, destruction of utilities, and criminal threats. Sundav, 02-12-06 (46): No Significant Activity Reported Mondav, 02-13-06 (67): 2101 hours - Deputy Lingle responded to the Wal-Mart shopping center on Hwy 111 regarding a reported shoplifting. He found that two female juveniles and a female adult had been apprehended by store security while stealing cosmetics and purses from the store. The adult, identified as Tanya Perez, initially gave Deputy Lingle a false name. The juveniles were released to their parent/guardians pending filing of charges for shoplifting. Perez was booked at the Indio Jail for shoplifting and providing false information to a peace officer. Tuesdav, 02-14-06 (75): 2103 hours - Deputy Donowho responded to the Kohl's Department Store on Hwy 111 to investigate a report of criminal threats. Upon arrival, Deputy Donowho learned that two subjects, Recquelle Smith and Gene Silver, both had threatened to kill the store loss prevention officer because he caught them stealing merchandise. Both were detained and found to be in possession of drug paraphernalia. They were arrested and booked at the Indio Jail. Wednesday, 02-15-06 (78): 1824 hours - Deputy Knight responded to the Wal-Mart shopping center reference a shoplifting suspect in - custody. Olga Brambila was arrested and booked for commercial burglary and theft with priors. Thursdav, 02-16-06 (90). 1215 hours - Deputies responded to a report of indecent exposure at the Stater Brothers in La Quinta. Deputy Gaunt located the suspect, Brian Davidson, inside his vehicle. Davidson admitted the indecent exposure and confessed that he was a registered sex offender. He was arrested for felony indecent exposure and for possession of Marijuana. 1000 hours - Deputy Reynolds responded to a domestic violence call in the 54000 block of Avenida Obregon. The victim stated that her live-in boyfriend, Brian Lund, had assaulted her. She had visible bruising, and requested prosecution against Lund. Lund was not at the residence at the time but returned to the location at about 1400 hours and deputies were called to the location a second time. Deputies, with consent from the victim, entered the residence and located Lund hiding in the bathroom He was arrested for domestic violence. 1151 hours - Deputy Reynolds responded to a report of unknown trouble in the 52000 block of Avenida Vallejo. When he arrived, he found Ronald Reynolds bleeding from a head wound. He was transported to Desert Hospital and was determined to have a fractured skull. Investigations and Forensics were called out to the scene. It is unknown at this time if foul play is suspected as Reynolds was incoherent and unable to give a statement. 1953 hours - Deputy Moore responded to the Kohl's Department Store reference a shoplifting suspect being detained by store security. Deputy Moore met with security personnel and the suspect, Francine McMickle. McMickle was arrested for shoplifting and was given a cite release. Fridav, 02-17-06 (83): 2135 hours - Deputy Ervin responded to the 50000 block of Washington St. reference a disturbance call. Deputy Ervin met with the victim, an adult female, who said that during an argument, her boyfriend Larry Baker, had assaulted her and pushed her out of the residence. Deputy Ervin arrested Baker, who was still at the scene, and booked him into the Indio Jail for spousal battery. 2150 Hours - Deputy Knight responded to the Wal-Mart shopping center regarding two suspects being detained for theft. Deputy Knight contacted Rafeal Martinez and Christina Soliz. Martinez was arrested for shoplifting and Soliz was arrested for theft with priors and violation of probation. Both were booked into the Indio Jail. Soliz required an "OK" to book due to medical conditions. Saturday, 02-18-06 (53): No Significant Activity Reported Sunday, 02-19-06 (50): 1340 hours- Deputy Celaya responded to Home Depot regarding a shoplifting suspect in -custody. Deputy Celaya arrested Juan Saenz for shoplifting. Saenz was issued a citation and released. Mondav, 02-20-06 (49): 1229 hours- Deputy Lushia and Sgt. Hignight responded to the 81000 block of Sun Cactus in reference to an unattended death. CVWD workers had discovered water running from a drain outlet in front of the residence. One worker walked to the rear yard and found Kenneth Biba lying on his back with the water hose running next to him. There was no indication of foul play or trauma to the body. Coroner Division was notified and responded to the scene. 1726 hours Deputy Bawdon was at the Wal-Mart in La Quinta and was contacted by a Loss Prevention officer reference a suspicious person. He contacted Crystal Calderon and learned she had a felony warrant for auto theft. She was booked at the Indio jail 1922 hours - Corporal Northrup responded to the Shell station at SR 111 and Dune Palms reference a domestic violence call. Yessenia Montano was arrested for domestic violence. Montano had assaulted her boyfriend. She required an "OK" to book due to being five months pregnant. Booked at the Indio Jail. Tuesdav, 02-21-06 (90): 2250 hours - Deputies responded to Washington St. and Ave. 48 reference a non -injury hit and run collision. The driver and passenger of the suspect vehicle had fled on foot through Ave. 48. A short time later the driver returned to the scene. He was obviously intoxicated and arrested. He refused all chemical tests and field sobriety tests. The driver was identified as Camrom Moore. Moore was book at the Indio Jail after an "OK" to book. 2345 hours - Corporal Northrup arrested David Moore for driving under the influence. Sgt. Blackwood had conducted an enforcement stop due to Moore's driving actions on Washington St. north of Miles. Moore was booked at the Indio Jail for driving under the influence. Wednesday, 02-22-06 (71): 0337 hours — Deputies responded to an unattended death in the 45000 block of Desert Sands. Mavis Darlene Marsh had been found unresponsive in her bed. RCF/AMR responded and attempted to revive Darlene but were unsuccessful. AMR paramedic pronounced her at the residence. The decedent had a medical history including Leukemia. No signs of trauma. 1428 hours- Corporal Black and Deputy Nieburger responded to the 54000 block of Winged Foot in the PGA Country Club to a medical call. A 5-year old female had flagged down a postal worker and a neighbor and told them she "couldn't wake her mommy and they needed to pick up her brother from school". The neighbor called PGA security, who then called 9-1-1. The neighbor accompanied the young girl into the house and managed to wake the mother-- who was intoxicated and had passed out on the living room sofa. Cynthia Weigandt, 39 years, admitted to having consumed a bottle of wine within a 2-3 hour period and then fell asleep on the sofa. She also admitted that she was supposed to pick up her 7-year old son from school at 2:30 and was now late. The child had been left unattended at Truman School. The father was located and took custody of the daughter, responded to the school and picked up their son. The suspect was booked for felony child endangerment; a copy of the report will be forwarded to Child Protective Services. 418 Thursdav, 02-23-06 (77): 1750 hours, Deputy Bolton arrested Edward Eric Williams for shoplifting at Kohl's department store. Williams would not provide identification and was booked into Indio jail for Live Scan ID. Fridav, 02-24-06 (95): 0156 hours - Deputy Ervin conducted an enforcement stop at Jefferson and Avenue 48. The driver, Joseph Pemberton, was driving while intoxicated. He was booked at the Indio Jail. 1152 - Deputy Reynolds responded to a suspicious person call in the area of Dune Palm and Fred Waring. He contacted Robert Ferrel. Ferrel was intoxicated and was arrested for the same. He was also in possession of marijuana. During the investigation Deputy Reynolds noticed Ferrel matched the description of a suspect from a burglary the night before. He viewed the video tape from the burglary location and verified Ferrel was the suspect. Ferrel was arrested and booked into jail for burglary, public intoxication and possession of marijuana. 1928 hours - Deputy Ervin responded to the Wal-Mart reference a person in custody. Mario Tellez was arrested for burglary and theft with a prior conviction. He was booked at the Indio Jail. Saturdav, 02-25-06(107): 2254 hours - Corporal Northrup arrested John Henderson for spousal abuse. Henderson punched the mother of his children, in the face causing bruising and swelling. Sundav, 02-26-06 (61): 2134 hours- Deputy Burk responded to the 49000 block of Rancho San Julian to a burglary. After the initial investigation, Detective Reeves and Farwell responded to the scene. The investigation will be updated to a home invasion robbery with several suspects in custody. The main suspect is Michael Gonzalez and the victim has been identified as Glen Gilbert. A total of seven suspects are in custody for parole violations, four handguns recovered, one assault weapon recovered and the original property from the burglary was recovered. Mondav, 02-27-06 (64): 1008 hours- Deputy Bonaddio arrested William Moreno for a misdemeanor drug warrant. The suspect was booked at the Indio Jail. 2008 hours - Deputy Covington responded to Wal-Mart on Hwy 111 to investigate a report of an uncooperative shoplifter. Deputy Covington contacted Latasha Rena Edwards. Deputy Covington learned that Edwards had assaulted the loss prevention officers when they caught her stealing. Edwards was arrested and booked at the Indio Jail for assault and theft. Deputy Covington's investigation found that a second subject, Theresa Washington Foster was also involved in the scuffle. Foster was arrested for assault and cite released. Tuesdav, 02-28-06 (67): 1533 hours- Deputy Burgle responded to the 54000 block of Avenida Carranza in response to a burglary at a residence. The residence had been engulfed in a fire earlier in the day. Marabella Rodriquez was arrested for entering her neighbor/victim, Eric Olson's scorched residence and removed miscellaneous electronics after CDF extinguished the fire. Rodriquez was booked into the Indio Jail for residential burglary. Total calls for service: 1955 419 Deputy Ismael Celaya Deputy Jason McFadden Deputy Paul Harter Deputy Randy Wedertz CITY OF LA QUINTA Special Enforcement Team February 2006 Summary of Activity Sergeant Matt Jimenez T e of Activit # of Incidents Type of Activity# of Incidents Ongoing Investigations 1 Probation Searches 2 Parole Searches 0 Arrests/Filings 4 Vehicle Checks 9 Arrest Warrants Served 2 Investigation Assists 4 Programs 1 Arrest Warrants Attempted 4 Crime Prevention Hours 9 Pedestrian Checks 10 Back-ups 8 Bar Checks 0 Search Warrants 0 Follow-ups 5 Recovered Stolen Property 0 Meetings/Civil Commitments 1 Surveillance 1 Citations Issued 4 Business Contacts 8 ,Bicycle Time 0 hrs. Training Hours 10 Illegal Drugs Seized 1 0 ITOTAL MILEAGE 1112 mi. SIGNIFICANT ACTIVITY 1. Conducted surveillance on an individual who, due to his criminal past,was a possible suspect for burglaries occurring in the Mountain View Country Club. 2. Arrested Arron Starkey, 19, of La Quinta for an outstanding drug -related arrest warrant. Starkey was "ped checked" at the La Quinta Community Park. 3. Arrested Douglas Harrigton, 52, of Indio for pedestrian in the roadway and drunk in public. Harrington was contacted on SR 111 and La Quinta Dr. CITY OF LA QUINTA Motorcycle Traffic Enforcement Report February 2006 Summary of Activity Type of Activity Number of Incidents Speed Violations 69 Fail to Yield 3 Turning Violations 3 Calls for Service & B/U's 43 Red light/Stop sign 94 Child Seat Violations 10 Lane Change Violation 0 Seat Belt Violations 19 DUI Arrests 0 Misdemeanor Arrest 3 Felony Arrest 0 Warnings 32 Tows 16 Injury T/C 5 Non -Injury T/C 21 Suspended DL 20 Non -Moving 119 H & S 0 CITY OF LA QUINTA 1W1%J hly School Resource Officer Report February 2006 Deputy Kevin Moore La Quinta Middle School Summary of Activity for the Month of February Type of Activity Number of Incidents Reports 6 Arrests 0 District Attorney Filings 0 Traffic Stops 0 Business Checks 1 Y.A.T. Referral 9 Vehicle Checks 2 Citations 0 Pedestrian Checks 1 Follow-up 1 Truancy 6 SIGNIFICANT ACTIVITY 1. Deputy M. Hernandez of the Gang Task Force conducted a presentation for the La Quinta Middle School faculty on how to identify students who may be at risk for gang membership or involvement. 2. Observed several juveniles near the La Quinta Public Library during school hours. Six students were transported back to school and issued citations for truancy. Parents of each student were also notified. 3. 1 successfully completed an intensive one week "Basic School Resource Office" training program. 4. One student was found with gang writing and symbols on his backpack. The student claimed association with the gang and its' members. Information was collected and forwarded to the Gang Task Force. Deputy Eric Speir La Quinta High School CITY OF LA QUINTA School Resource Officer Report February 2006 Summary of Activity Type of Activit Number of Incidents Criminal Reports 7 Non -Criminal Incidents 2 Arrests 3 District Attorney Filings 0 Traffic Stops 0 YAT Referral 3 Vehicle Checks 1 Pedestrian Checks 4 Follow-up 0 Truancy 0 SIGNIFICANT ACTIVITY 1. Theft from P.E. lockers continues to be a problem. 2. "Knox Box" locks have arrived and will soon be installed for added campus security. 3. Three students were issued citations for truancy. 4. 1 investigated one fight, one possession of a smoking pipe and one allegation of child abuse. 5. 1 assisted the School Resource Officer at the middle school with a report of a student in possession of what was suspected to be marijuana. C.S.O. Steve Grissom C.S.O. Monica Santillanes C.S.O.Thomas Fowler CITY OF LA QUINTA Community Service Officer Report February 2006 Summary of Activity Type of Activity Number of Incidents Burglary Investigations 8 Grand Theft Reports 4 PettyTheft Reports 13 Vandalism/Malicious Mischief Reports 12 Traffic Collision Response 13 Vehicle Code or Parking Citations 26 Abandoned Vehicles Tagged/Warning 9 Towed Vehicles 0 Lost or Found Property Reports 17 Area Checks/LQ Skate Park/Day Laborers 0 Public Assistance 1 Custodial/Non-Custodial Transports 2 Miscellaneous Calls 8 SIGNIFICANT ACTIVITY CITY OF LA QUINTA Monthly CPO Volunteer Report February, 2006 Volunteer Coordinator: Danese Maldonado Summary of Activity for the Month of February Type of Activity Number Monthly Volunteer Hours 176 Hours YTD 328.5 Hours 4/03 to Present 8065.5 CPO Monthly Visits 125 CPO YTD Visits 246 CPO 4/03 to Present 6014 HIGHLIGHTS • The volunteer program averages 19 volunteers each month. • 4 new volunteers have been interviewed for the Citizens On Patrol Program. • Once the Citizens On Patrol vehicle is received training will begin for the volunteers • A full Citizens On Patrol training program has been developed. CITY OF LA QUINTA Post 503 Explorer Report February 2006 Corporal Andy Gerard Summary of Activitv for the Month of February I Type of Activity IL Number I Training Meetings 3 Volunteer Hours 482.5 SIGNIFICANT ACTIVITY 1. Post 503 members trained in the following areas: physical training, 10 & 11 Code review, marching and drill practice, uniform inspection, traffic control and competition event training. 2. Deputy M. Alvarado assisted with Post 503 training. 3. Post 503 members assisted with three area events by providing traffic direction and control. 4. Explorer members are diligently preparing to participate in the June 16-18 Las Vegas, NV Explorer Competion. Department Report: t z " " i g� :"er ed b,,,, the Riverside ��ourrt}` .sri ser f''? Deparfi era Crime Statistics Summary January -- 2006 Prepared for 0 v v 0 X CD CD 0 U) CD U) 0 (u 0) 3 CD 0 n� v m 0 cn D cn w ca CD CD 0 cn m X CD -o 0 ;u O z m m j O m n O T � r 0 En u � n � _ n O _ m - N N y mr- oX-n CY) coc � Z z C Z C-D z D C O W Z n LU C/) m a 0 ZL cu a c m a —i Z D D n O C) -4 0 w m� m nncn�D�DmccnpDO � -n Z ZT000=0Dwm� s Dc- 0M0Zm77cm C) m y I ?mD�� o c =m m D m T, r < �� z z n o N �o Ln 4 cn co�ODo� oo N Z Qn o 0 q 3 cu 0 "n D C n z ,oc,�-�°;�al rn1,-�o0 j a 00� � f i y o-400�rncno(D�0000C) � o m y o -P -� N C) W ONO -�- o o O O CA D n 2 m � Z N Z c-o° O O n ms xy r cf) Om o ° CD ° c D NO r Q i I n Month to Month Crime Comparison -January aJANU 61 p JANU90 ARY 2005 82 80 79 70 60 —. 50 40 ----- --- -- — - --- ----- — ---- i 20 10 10 7 0 0 0 0 1 0 1 0 i HOMCIDE RAPE ROBBERY ASSAULT, FELONY BURGLARY VEHICLETHEFT LARCENY/THEFT ARSON Year to Date Crime Comparison • January ® YTD 2006 a YTD 2005' j 90 79 82 70 60 50 40 -- -- ----- I i 30 24 20 10 0 0 10 7 40 0 0 EAHOMCIDE 1 0 RAPE ROBBERY ASSAUT, FELONY BURGLARY VEHICLETHEFT LARCEW1 HEFT ARSON rto Year to Date Traffic Activity Comparison ®YTD 2006 0 YTD 2005 T/C NON -INJURY DUI TIC INJURY TIC FATAL 2500 2000 1500 1000 500 0 Month to Month Calls for Service Comparison - January 2006 Year to Date Calls for Service Comparison 1941 1981 666 673 Total Non -Criminal Crirnal [ii�YTD2006 YTD 2005 41 � `7 f %. ti Adams Elementary School Award Recipients City Council Meeting - March 21, 2006 Recipient Names 1. Sara Madueno 2. Alondra Magallon 3. Sydni Maloney 4. Lexy Martinez 5. Ke jona McCrumb 6. Frank McEwan 7. Anna Meeks 8. Mariah Mejia 9. Stephanie Molina 10. Jaro Moncada 11. Christine Moreno 12. Joseph Moreno 13. Stephanie Nava 14. Esmeralda Ojeda-Ramirez 15. Thalia Ortiz 16. Jazmin Padilla 17. Kaila Pavia 18. Citlally Pena-6astelum 19. Francisco Ponce 20. Alex Quevedo 21. Oscar Quevedo 22. Cassandra Quiroz 23. Alejandro Ramos 24. Julian Ramos :=3 Adams Elementary School Award Recipients City Council Meeting - March 21, 2006 Recit)ient Names 25. Angelica Raygoza 26. Gabriel Rios Jr. 27. Yesenia Rivas 28. Mariana Rivera 29. Jennifer Salas 30. Brian Savino 31. Ruben Servin Jr. 32. Brianda Tapia -Lopez 33. Aidan Thomas 34. Gabriel Tigner 35. Isabel Torres 36. Isela Torres -Marquez 37. Ilana Valdez 38. Maria Valencia 39. Sebastian Vi l lagomez 40. Demian Welker 41. Devin Williams 42. Zachary Wisdom 43. Michaelanthony Ybarra 44. Brielle Young 45. Theya Yrigoyen 46. Amy Zavala 1:0J1 0 /`� �� • W ti G� OF �9 COUNCIL/RDA MEETING DATE: March 21, 2006 ITEM TITLE: Public Hearing to Adopt a Resolution Approving the Amended Nondisposal Facility Element as Required by the State Assembly Bill 3001 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving the Amended Nondisposal Facility Element. FISCAL IMPACT: The adoption of the Element will have no direct budget impact. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The California Integrated Waste Management Act of 1989 (Assembly Bill 939) requires cities and counties in the State to prepare, adopt and implement plans to divert 25% of solid waste generated in their jurisdiction by 1995 and 50% by the year 2000, using 1990 as the base year. In 1992, the Legislature passed AB 3001 which amends the Act to require cities and counties to prepare a status report called the Nondisposal Facility Element (NDFE). A nondisposal facility is defined as any solid waste facility, other than a landfill or transformation (refuse incineration) facility that is required to obtain a State solid waste facility permit. The purpose of the NDFE is to provide a description of existing and new facilities necessary to implement the jurisdiction's programs which will ensure achievement of the 25% and 50% diversion mandates. The City of La Quinta's Amended Nondisposal Facility Element contains six facilities utilized by the City's franchised hauler (Waste Management of the Desert) and/or City residents. Facilities included in the Amended Nondisposal Facility Element are: 1. Edom Hill Transfer Station/Material Recovery Facility, which replaced the Edom Hill Landfill which ceased operation in November 2004. This facility reports an approximate diversion rate of three to five percent. 2. Southern California Recycling, Inc., which is permitted by the County of Riverside as a chipping and grinding facility. This facility reports a diversion rate of 95-99 percent. 3. Z-Best Grinding is permitted to receive tile, roof tile, concrete and asphalt which is crushed, sorted and manufactured into Class 2 Base to be used under asphalt for roadways. This facility reports a diversion rate of 99 percent. 4. California Bio-Mass, Inc., Composting Facility, is a composting facility which receives green waste, food waste, drywall scrap, and miscellaneous organics (e.g., stable shavings, chicken manure, etc.). This facility reports a diversion rate of 95 percent. 5. Coachella Valley Recycling and Transfer Station which is permitted by the County of Riverside and State of California as a recycling and transfer facility, and buyback center. This facility reports a diversion rate of 3.1 percent. 6. Coachella Valley Composting Facility which is permitted by the County of Riverside and State of California as a composting facility. This facility reports a diversion rate of > 99 percent. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the Amended Nondisposal Facility Element; or 2. Do not adopt a Resolution of the City Council approving the Amended Nondisposal Facility Element; or 3. Provide staff with alternative direction. Respectfully submitted, Zoe Douglas vans Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Nondisposal Facility Element RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING THE NONDISPOSAL FACILITY ELEMENT WHEREAS, Public Resources Code, Section 41730 et. seq. requires each city and county to prepare and adopt a Nondisposal Facility Element (NDFE) for all new and existing nondisposal facilities which will be needed to implement local source Reduction and Recycling Elements; and WHEREAS, Public Resources Code Section 40151 defines a nondisposal facility as any solid waste facility required to obtain a State solid waste facility permit other than solid waste disposal and transformation facilities; and WHEREAS, Pubic Resources Code Section 41734(a) and (b) require each city and county to submit their NDFE to the Local Integrated Waste Management Task Force for review and comment prior to adoption by the City Council; and WHEREAS, Public Resources Code Sections 41730, 41731 and 41791 .5 states that the NDFE is to be submitted to the California Integrated Waste Management Board for review and approval following Local Task Force and City Council adoption. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the City has developed an NDFE which includes all permitted nondisposal facilities currently utilized by the City. SECTION 2. That the City of La Quinta's NDFE has been reviewed by the Riverside County Integrated Waste Management Local Task Force. SECTION 3. That the City Council of the City of La Quinta approves the NDFE and agrees to submit it to the State of California Integrated Waste Management Board for review and approval. SECTION 4. That the City Clerk shall certify to the adoption of this Resolution. P:\Reports - CC\2006\3-21-06\Nondisposal\Reso.DOC City Council Resolution No. 2006- Nondisposal Facility Element Adopted: March 21, 2006 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held this 21" day of March, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California P:\Reports - CC\2006\3-21-06\Nondisposal\Reso.DOC ATTACHMENT #1 AMENDMENT TO THE NONDISPOSAL FACILITY ELEMENT for the CITY OF LA Q UINTA in RIVERSIDE COUNTY, CALIFORNIA February 21, 2006 4.10 Southern California Recycling, Inc. Southern California Recycling, Inc., is permitted by the County of Riverside as a chipping and grinding facility. It receives green waste which after processing is transferred to Edom Hill for use as ADC. When Edom Hill ceases operation, the green waste will be transferred to Badlands and Lamb Canyon landfills for use as Type of Facility ADC. The facility also receives construction and demolition waste (dry wood waste, and asphalt and concrete to be recycled into base). The facility accepts all types of metal including white goods. All metal is transferred to Adams Steel in Anaheim. Southern California Recycling will be allowed to accept 1,000 tons per day of green and wood waste (not exceeding a maximum storage capacity of 17,800 cubic yards onsite), 2,000 tons per day of inert Facility Capacity material (not exceeding a maximum storage capacity of 125,000 cubic yards onsite), and 40 tons of metals and white goods per day (not exceeding a maximum storage ca acity of 800 cubic yards onsite) Diversion Rate 95-99% Jurisdictions All Coachella Valley jurisdictions. -Participating Southern California Recycling, Inc., is located at 29-250 Rio Del Sol Road in Thousand Palms, an unincorporated area of Riverside County at the I-10 and Ramon Location Road, in the central northern portion of the Coachella Valley. The total parcel area is 42 acres, with 25 acres currently approved for facility use. Z Best Grinding (formerly World Products Recycling Yard) Z-Best Grinding receives tile, roof tile, concrete and asphalt which is crushed, sorted and manufactured into Class 2 Base to be used under asphalt for roadways. The Type of Facility yp facility also accepts sod, street sweepings and gypsum which is shredded and blended to be used as top soil. Capacity 500 tpd -Facility Diversion Rate 99% All of San Bernardino and Riverside Participating Jurisdictions counties. Z-Best Grinding is located at 27105 Sierra del Sol, in Thousand Palms, an unincorporated area of Riverside County, Location northwest of the Monterey Avenue exit off of the I-10 Freeway. California Bio-Mass Inc. Composting Facility The California Bio-Mass Composting Facility is a composting facility which receives green waste, food waste, drywall Type of Facility Yp scrap and miscellaneous organics (e.g., stable shavings, chicken manure,etc.) Capacity Permitted for 700 tons per day. -Facility Diversion Rate 95% Participating Jurisdictions All Coachella Valley jurisdictions. California Bio-Mass Composting Facility is located at 83-109 Avenue 62, in Thermal, an unincorporated area of Riverside County at the south east corner Location of Jackson Avenue and Avenue 62, in the central southern portion of the Coachella Valley. The facility consists of 40 acres permitted for composting. 1 I l Coachella Valley Transfer Station Coachella Valley Transfer Station is permitted by the County of Riverside and the State of California as a recycling and transfer facility, and buyback center. The facility is on County -owned land which is leased by the cities of Coachella and Indio as a Joint Powers Authority, and is Type of Facility operated by Burrtec Waste Industries. The facility accepts mixed municipal waste, recycling, construction and demolition and green waste which is sorted then transferred. As a result of the closure of Edom Hill Landfill, all waste is sent to Lamb Canyon and Badlands landfills, in Western Riverside County. I Capacity Permitted for1100 tons per day -Facility Diversion Rate 3.1 % Participating Jurisdictions Coachella, Indio and La Quinta Coachella Valley Transfer Station is located at 87-011 A Landfill Road in Coachella, an unincorporated area of Riverside County at the I-10 and Dillon Location Road, in the north eastern portion of the Coachella Valley. The total parcel is 76.5 acres which is approved for facility use. The facility is currently using 14.47 acres. Edom Hill Transfer Station/Material Recovery Facility The Edom Hill Transfer Station will replace the Edom Hill Landfill when it ceases operation November 29, 2004. The facility is permitted to receive municipal solid waste, including bulky waste, electronic waste, source -separated recyclables, and green waste. The facility includes such Type of Facility features as a buy-back/drop-off center, an ABOP center free to the residents within the Coachella Valley, an electronic waste recycling center, a tire recycling center, a green waste drop-off and recycling center, construction and demolition recycling, an alternative energy source facility, and a public education center to promote recycling. Facility Ca aci Permitted for 2600 tons per day. Expected Diversion The initial diversion rate will be approximately 3 to 5 Rate percent. The facility will serve the communities of Palm Springs, Participating Cathedral City, Desert Hot Springs, Rancho Mirage, Palm Desert, Indian Wells, La Quinta and all of the Jurisdictions unincorporated areas of Riverside County located within the Coachella Valley. The total parcel is approximately 8.4 acres located in the northwest portion of the Edom Hill Landfill, located at 70- 100 Edom Hill Road, north of I-10, east of the Cathedral Location City limits and Varner Road in the unincorporated area of Riverside County. (Northwest quarter of Section 26, T3S, RSE, SBBM) Coachella Valley Composting Facility Coachella Valley Composting Facility is permitted by the County of Riverside and the State of California as a composting facility. The facility is on County -owned land which is leased by the Agri Service, Type of Facility Inc, and is operated by Agri Service, Inc . The facility accepts green materials and wood waste which is composted to high quality organic mulches and soil amendments. Facilit Capacity 50,000 tons per year Diversion Rate >99% The nine cities and non -incorporated areas Participating Jurisdictions p g of the Coachella Valley. The Coachella Valley Composting Facility is located at 87-011 B Landfill Road in Coachella, California. The facility operates Location on 35 acres of the 640-acre Coachella Landfill property.