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1999 08 03 CCO� ' 9�p • 1,IIi U � OF TNT V City Council Agenda CITY COUNCIL CHAMBER 78-495 Calle Tampico La O.uinta, California 92253 Regular Meeting August 3. 1999 - 2:00 P.M. CALL TO ORDER a. Pledge of Allegiance b. Roll Call PUBLIC COMMENT Beginning Res. No. 99-97 Ord. No.335 This is the time set aside for public comment on any matter not scheduled for public hearing. 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 ,ONDUCT CLOSED SESSION DISCUSSIONS DURING THE DINNER RECESS. ADDITIONALLY, PERSONS IDF jTIFIED AS NEGOTIATING PARTIES WHERE THE CITY IS CONSIDERING ACQUISITION OF THEIR PROPERTY ARE NOT INVITED INTO THE CLOSED SESSION MEETING. AUTHORIZATION TO BEGIN RIGHT-OF-WAY ACQUISITION NEGOTIATIONS FOR JEFFERSON STREET, AVENUE 54 TO HIGHWAY 1 1 1, ASSOCIATED WITH CAPITAL IMPROVEMENT PROJECT NO. 99-05, PHASE 1 JEFFERSON STREET IMPROVEMENTS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 - THE PARCELS AND THE NEGOTIATORS ARE LISTED IN EXHIBIT A TO THE AGENDA. 2. EVALUATION OF COUNCIL -APPOINTED POSITION -CITY CLERK, PURSUANT TO GOVERNMENT CODE SECTION 54956.6. o"d PUBLIC COMMENT - 3:00 pm This is the time set aside for public comment on any matter not scheduled for public hearing. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. CONFIRMATION OF AGENDA APPROVAL OF MINUTES a. Approval of Minutes of July 20, 1999 ANNOUNCEMENTS PRESENTATIONS WRITTEN CORRESPONDENCE 1. LETTER FROM LA QUINTA HIGH SCHOOL FOUNDATION REQUESTING FUNDING. 2. LETTER FROM THE RANCH REQUESTING FUNDING. 3. LETTER FROM PGA WEST MASTER ASSOCIATION, INC. REGARDING GOLF CART ACCESS RELATIVE TO TENTATIVE TRACTS 29347, 29348 AND 29349. (-)02-- Page - 2 - CONSENT CALENDAR Note: Consent Calendar Items are considered to be routine in nature and will be approved by one motion. APPROVAL OF DEMAND REGISTER DATED AUGUST 3, 1999. 2. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY SERVICES DIRECTOR, THE SENIOR CENTER SUPERVISOR, AND ONE COMMUNITY SERVICES COMMISSIONER TO ATTEND THE CPRS CONFERENCE IN ONTARIO, CALIF., MARCH 12-15, 2000. 3. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY SAFETY MANAGER TO ATTEND THE "Y2K EMERGENCY RESPONSE STRATEGIES" TRAINING CONFERENCE GIVEN BY THE INTERNATIONAL QUALITY AND PRODUCTIVITY CENTER LOCATED IN SAN FRANCISCO, AUGUST 15-17, 1999. 4. APPROVAL OF THE SELECTION COMMITTEE'S RECOMMENDATION TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH THE PLANNING CENTER FOR GENERAL PLAN HOUSING ELEMENT UPDATE IN AN AMOUNT NOT TO EXCEED $40,000. 5. APPROVAL OF RFP PROCESS FOR PROFESSIONAL SERVICES TO PROVIDE MATERIALS TESTING AND CONSTRUCTION SURVEY FOR CAPITAL IMPROVEMENT PROJECT NO. 99-05, PHASE I JEFFERSON STREET IMPROVEMENTS, AVENUE 54 TO HIGHWAY 1 1 1 . 6. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE AND AUTHORIZE STAFF TO ADVERTISE CAPITAL IMPROVEMENT PROJECT NO. 98-11, CALLE RONDO DRAINAGE CHANNEL IMPROVEMENTS. 7. APPROVAL OF RFP PROCESS TO PROVIDE PROFESSIONAL SERVICES, CONSTRUCTION MANAGEMENT FOR CAPITAL IMPROVEMENT PROJECT NO. 99-05, PHASE I JEFFERSON STREET IMPROVEMENTS, AVENUE 54 TO HIGHWAY 111. 8. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE AND AUTHORIZE STAFF TO ADVERTISE CAPITAL IMPROVEMENT PROJECT NO. 98-17, AVENUE 50 REHABILITATION, PARK AVENUE TO JEFFERSON STREET. 9. ADOPTION OF RESOLUTION OF INTENTION TO VACATE A PORTION OF THE AVENIDA ALVARADO RIGHT-OF-WAY, STREET VACATION CASE NO. 99-038. 10. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH DAVID EVANS AND ASSOCIATES TO PROVIDE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE FOR CALLE TAMPICO, CALLE SINALOA, AND AVENUE 52 MEDIAN ISLAND LANDSCAPE IMPROVEMENTS. 11. ADOPTION OF RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP 28525-2 - STAMKO DEVELOPMENT CO. 12. APPROVAL OF APPROPRIATION OF ADDITIONAL FUNDS OF $26,640 FROM THE GENERAL FUND RESERVE ACCOUNT TO PURCHASE AND INSTALL PLAYGROUND EQUIPMENT FOR THE FRITZ BURNS PARK RETROFIT IMPROVEMENTS, PROJECT NO. 98-16. 13. AUTHORIZATION TO SUBMIT A LOCAL LAW ENFORCEMENT BLOCK GRANT APPLICATION TO PURCHASE SPECIAL LAW ENFORCEMENT EQUIPMENT AND TO PAY FOR A "CRIME -FREE MULTI -HOUSING PROGRAM." Page -3- BUSINESS SESSION 1. CONSIDERATION OF MARKETING PLAN AND CONTRACT SERVICES AGREEMENT WITH KINER/GOODSELL ADVERTISING FOR FISCAL YEAR 1999/2000. A) MINUTE ORDER ACTION. 2. CONSIDERATION OF A REQUEST FROM THE STUDENT CREATIVE RECYCLE ART PROGRAM (SCRAP) GALLERY REQUESTING FINANCIAL ASSISTANCE. A) MINUTE ORDER ACTION. 3. CONSIDERATION OF APPOINTMENT TO THE INVESTMENT ADVISORY BOARD. A) MINUTE ORDER ACTION. 4. CONSIDERATION OF APPROVAL OF CIVIC CENTER CAMPUS MASTER PLAN AND AUTHORIZE STAFF TO PROCEED WITH THE PREPARATION OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE. A) MINUTE ORDER ACTION. 5. CONSIDERATION OF ADVERTISING IN THE LA QUINTA POST FOR FISCAL YEAR 1999-2000. A) MINUTE ORDER ACTION. 6. CONSIDERATION OF APPOINTMENT TO THE LA QUINTA CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE BI-MONTHLY WORKSHOPS. A) MINUTE ORDER ACTION. 7. SECOND READING OF ORDINANCE NO. 334 RE: CITY MANAGER/CITY CLERK. STUDY SESSION 1 . DISCUSSION OF VILLAGE AND PROTOTYPICAL STREET DESIGN CONCEPTS. Page -4- REPORTS AND INFORMATIONAL ITEMS A. CVAG COMMITTEE REPORTS B. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (PENA) C. C. V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) D. C. V. MOUNTAINS CONSERVANCY (SNIFF) E. DESERT RESORTS REGIONAL AIRPORT AUTHORITY (HENDERSON) F. LEAGUE OF CALIFORNIA CITIES COMMITTEES G. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS BUREAU (HENDERSON) H. PALM SPRINGS DESERT RESORTS AIRLINE SERVICES COMMITTEE (HENDERSON) I. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION J. RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE (HENDERSON) K. RIVERSIDE COUNTY LIBRARY ADVISORY BOARD L. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (PENA) M. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (PENA) DEPARTMENT REPORTS A. CITY MANAGER 1 . RESPONSES TO PUBLIC COMMENT B. CITY ATTORNEY C. CITY CLERK 1 REPORT ON UP -COMING EVENTS D. BUILDING AND SAFETY DIRECTOR - None E. COMMUNITY DEVELOPMENT DIRECTOR - None F. COMMUNITY SERVICES DIRECTOR - None G. FINANCE DIRECTOR - None H. PUBLIC WORKS DIRECTOR - None I. POLICE CHIEF 1 . MONTHLY REPORT FOR JUNE & JULY J. BATTALION CHIEF 1 . QUARTERLY REPORT MAYOR AND COUNCIL MEMBERS' ITEMS RECESS TO REDEVELOPMENT AGENCY MEETING RECESS UNTIL 7:00 P.M. Page - 5 - PUBLIC COMMENT This is the time set aside for public comment on any matter not scheduled for a public hearing. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. PRESENTATIONS PUBLIC HEARINGS 1. SPECIFIC PLAN 99-037 AND SITE DEVELOPMENT PERMIT 99-654 - A REQUEST FOR APPROVAL OF THE DEVELOPMENT PRINCIPLES AND DESIGN GUIDELINES FOR A 200-UNIT APARTMENT COMPLEX ON 14.1 ACRES IN THE REGIONAL COMMERCIAL ZONING DISTRICT AND BUILDING ELEVATION AND DEVELOPMENT PLANS FOR THE PROPERTY LOCATED ON THE EAST SIDE OF ADAMS STREET AND NORTH OF AVENUE 48. APPLICANT: A. G. SPANOS CORPORATION. A) RESOLUTION ACTION (2) 2. TENTATIVE TRACT MAP 29306, A REQUEST TO CREATE 75 SINGLE-FAMILY LOTS AND OTHER MISCELLANEOUS COMMON LOTS ON 26.4 ACRES LOCATED ON THE SOUTH SIDE OF 48T" AVENUE, EAST OF DUNE PALMS ROAD WITHIN RANCHO LA QUINTA. APPLICANT: T. D. DESERT DEVELOPMENT. A) RESOLUTION ACTION. 3. TENTATIVE TRACT MAP 29283, A REQUEST TO CREATE 59 SINGLE-FAMILY LOTS AND OTHER MISCELLANEOUS COMMON LOTS ON 23 ACRES LOCATED NORTHWEST CORNER OF 5OT" AVENUE AND ORCHARD LANE WITHIN RANCHO LA QUINTA. APPLICANT: T. D. DESERT DEVELOPMENT. A) RESOLUTION ACTION. 4. TENTATIVE TRACT MAP 29347, A REQUEST TO CREATE 39 SINGLE-FAMILY LOTS ON 60+ NET ACRES LOCATED ON THE WEST SIDE OF MONROE STREET, NORTH OF AIRPORT BOULEVARD, WITHIN THE NORMAN COURSE. APPLICANT: KSL LAND CORPORATION. A) RESOLUTION ACTION. Page - 6 - 5. TENTATIVE TRACT MAP 29348, A REQUEST TO CREATE 58 SINGLE-FAMILY LOTS ON 19.3 ACRES LOCATED WITHIN THE NORMAN COURSE. APPLICANT: KSL LAND CORPORATION. A) RESOLUTION ACTION. 6. TENTATIVE TRACT MAP 29349, A REQUEST TO CREATE 92 SINGLE-FAMILY LOTS ON 32 NET ACRES LOCATED ON THE NORTH SIDE OF AIRPORT BOULEVARD, EAST OF MADISON STREET, WITHIN THE NORMAN COURSE. APPLICANT: KSL LAND CORPORATION. A) RESOLUTION ACTION. JOINT PUBLIC HEARINGS WITH THE LA QUINTA REDEVELOPMENT AGENCY AFFORDABLE HOUSING AGREEMENT BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND THE SPANOS CORPORATION FOR THE PROPERTY LOCATED ON THE EAST SIDE OF ADAMS STREET AND NORTH OF THE INTERSECTION OF ADAMS STREET AND 48T" AVENUE. A) MINUTE ORDER ACTION. AGREEMENT TO SELL REAL PROPERTY LOCATED AT 52-085 AVENIDA ALVARADO BY AND BETWEEN TERRI OROSCO AND THE LA QUINTA REDEVELOPMENT AGENCY. A) MINUTE ORDER ACTION. 9. AGREEMENT TO SELL REAL PROPERTY LOCATED AT 52-050 AVENIDA MENDOZA BY AND BETWEEN JOSE AND MARIA CHICAS AND THE LA QUINTA REDEVELOPMENT AGENCY. A) MINUTE ORDER ACTION. ADJOURNMENT 0 07 Page -7- DECLARATION OF POSTING I, Saundra L. Juhola, City Clerk of the City of La Quinta, California, do hereby declare that the foregoing agenda for the City Council meeting of August 3, 1999 was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and on the bulletin board at the La Quinta Chamber of Commerce and at Albertson's, 78-630 Highway 1 1 1, on Friday, July 30, 1999. DATED: July 30, 1999 r 1 . r r SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California PUBLIC NOTICE 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, 24-hours in advance of the meeting and accommodations will be made. M Page - 8 - EXHIBIT A CITY OF LA QUINTA CIP 99-05, PHASE I JEFFERSON STREET IMPROVEMENTS AVENUE 54 TO HIGHWAY 111 AFFECTED RIGHT-OF-WAY ACQUISITION PARCELS & TEMPORARY CONSTRUCTION EASEMENTS OWNER A.N.N. NEGOTIATOR XOCHIMILCO PROPERTIES, INC. 769-240-017, 769-230-030 CYNTHIA ZAMORES (KSL) BUREAU OF RECLAMATION (ALL AMERICAN CANAL) 769-230-017 MARY MURPI IY @ BOR XOCHIMILCO PROPERTIES, INC. 769-230-023, 769-230-019 CYNTHIA ZAMORES (KSL) W. LUSARDI 769-480-01 1 F.LAINE REAGAN J. M. PETERS COMPANY 769-480-019 MONTEZUMA OESTE 769-750-007 DON TANNAHILL BLP DESERT 649-100-016 TD DESERT DEVELOPMENT 649-100-008,009, 021 MIKE HUME LA QUINTA RDA 649-030-035 MAJESTIC DEVELOPMENT 769-300-004,001 LICHLITER, LARRY 769-290-010 CYNTHIA ZAMORES (KSL) ALPER, ET AL 769-290-009 BUREAU OF RECLAMATION 769-290-013 MARY MURPHY @ BOR CHARJACQ, INC. 769-290-016 TIM BARTLETT BADEN, JULIAN F. 769-290-015 TIM BARTLETT XOCHIMILCO PROPERTIES, INC. 769-280-027 BARBARA LARSH BROOKFIELD HOMES 769-270-008,003,002 MATT BRADY J. COLE 769-270-001 JEFFERY COLE Qo f;\PYYDcP'1\PROJeC'fS\99PkJC'f5\99 OSJc��S'f154 IiIL3lYU)\ItOW\PtISsIPkGIS.WPU Printed July 20, 1999 EJ/MGMT/ARCH PAGE 01 07i29/1999 10:5'3 5625926050 RE/D DATE: TO: FAX #: FROM: Pages: Lundin Development Company 16400 Pacific Coast Highway Suite 207 Huntington Beach, CA 92649 (562) 592--6020 EXT 204 FAX (562) 592-6050 Wednesday, July 28, 19" Mike Smith 760-431-59" Greg Bever 4 Mike, we spoke with Steve Spear regarding eliminating the power line under - grounding costs from the bonding requirements for this parcel map. We cited the following justifications. 1. Rancho La Quinta is not being required to under -ground any of the 12.5 kv lines along Jefferson or 50t' where they are part of systems that includes higher load lines, (the 90kv lines) that can't be under -grounded. Only where 12.5 kv tines "stand alone" Are they being required to underground. 2. I.Y.D. considers all of the power lines supported by the poles along Jefferson and 506 as part of systems supported by each pole, the aggregate load for which exceed 90kv per unit. This is well above the 34kv exemption provide for within the Parcel Map condition for under -grounding power lines. Of course all of the utility lines within our development will fall under the 34kv threshold and therefore will be under -grounded. 07/28/1999 10:59 5625926050 RE/DEV/MGMT/ARCH PAGE 02 3. Per the attached letter, I.I.D. does not want any of the power lines along Jefferson and SOa' under -grounded, and indicate that they do not have the technology for this type of installation. Inspite of these reasons not to under -ground, Steve Spear indicated he still felt that the condition applied to the lower voltage facilities but encouraged us to request a determination from the City council on this matter In September which is the next available meeting. Mike this is a major issue for us at this time. The under -grounding issue adds over $1,200,040 to our bonding requirements. This puts the ovcrall-bonding amount over $2,700,000, well over our bonding limit without providing the bonding company with substantial cash deposits approaching $300,000. This was not anticipated and puts a major crimp in our ability to deliver the Lucky deal as structured. Without some relief we may have to go back to Lucky and redo the deal some how. Lucky is now owned by Albertsons and we do not want to go back to corporate at this time for fear of them reevaluating the over-all decision to locate here, or build in any additional time delays. As is, it is an APPROVED DEAL, and they are ready to close on their purchase on their portion of the development now. I do not know if Steve speaks for City when he say he does not agree with I.I.D.'s determination that the aggregate lines are considered one system. I.I.D. is the authority here and the resident experts. In addition, their determination does make sense, and provides a very logical justification not to under -ground, for someone that agrees that there little esthetic benefit to be gained here, and certainly not enough to justify the enormous costs or, as Steve Spear indicated, the disproportional burden placed on the property owner that just happens to have property on the wrong side of the street. Mike, we can make this deal work with the 51,200,000 taken out of the bonding requirement, and close with Lucky within a week or two. Our Map will be back with City next week for execution by the City and recording subject only on satisfying the bonds. Escrow is opened with Lucky and ready to close. Deals tend to have a greater likelihood of "falling out" the longer the time period they are exposed to. We do not want to take the risks of delaving this deal into September or restructuring it with Lucky to accommodate excessive bonding requirements. 07/28/1999 10:59 5625926050 RE/DEV/MGMT/ARCH PAGE 03 We do not know where Ralph's is on their deal, how any delay in the Lucky deal would effect their aggressivcness or how any of this might effect Lucky's commitment, but we are concerned As such it would be appreeiatelif you could review this situation with your contacts at the City and see if there is any relief available that would allow us to move forward and get the deal done now. Thanks, C��7 Greg Bever 07/28/11399 11:02 5625926050 RE/DEV/MGMT/ARCH J �PAGE 01 IMPERIAL I R R I G A t I O N O I S I R I C I COACHELLA VALLEY POWER DIVISION 61-600 AVENUE 58 • P. O BOX 1080 • LA QUINTA, CALIFORNIA 92253.1080 TELEPHONE (760) 398.6854 • FAX (750) 391.5999 IIDPD-DDC July 21, 19W R J U L 23 1999 Greg Bever 16400 Pacific Coast Hwy Ste #207 Huntington Beach, CA 92647 Re: Undergrounding existing Imperial Irrigation District 921cv Transmission Lines, (at the N/W corner of Jefferson St. and Ave. 50) Dear Mr. Bever: Per our telephone conversation, on July 21, 1999, IID wants to clarify that our Transmission and Distribution Lines are considered to be a complete system, which exceeds more than 92kv. Knowing this, it would not be required to Underground these electrical facilities. Also, it is IID's preference not to underground these types of facilities, mainly because. we do not have the technology to install and maintain these types of infrastructures If I can be on any further assistance, please call me at (760) 398-5820 or you can also contact Mr. Enrique De Leon at (760) 398-5825. Sincerely, Carlos Partida Distribution Estimator WITO One Bever t u WRITTEN CORRESPONDENCE ITEM: I LA QUINTA HIGH SCHOOL FOUNDATION Box 1901 La Quinta, CA 92253 Tel: 760-564-4634 Fax: 760-564-0560 July 14, 1999 Ms. Dodie Horvitz Director of Community Services City of La Quinta P.O. 1504 La Quinta, CA 92253 Re: $10,000 Funding Request La Quinta High School Improvement of Academics via IB Dear Ms. Horvitz: This is a request for funding on behalf of La Quinta High School (LQHS) to improve academics during the coming 1999/2000 school year via the International Baccalaureate program. This will be the first year for the program at LQHS. There is a crying need for improvement of academics and this program has been tried and tested at other schools with spectacular results. The $10,000 we are requesting will go towards either 1) the implementation of the IB program, or if you so request, 2) training of teachers to improve the traditional academic areas of study. La Quinta High School is now five years old and the recent SAT9 test scores place LQHS in the 37111 percentile among US high schools. Results should be much better. By comparison, Riverside North HS, which has an IB program but incorporates disadvantaged areas of Riverside. has test scores in the 57"' percentile. Many Orange County schools score in the 90"' percentile. As La Quinta grows, clearly something needs to be done regarding academics at LQHS. This is an issue which directly concerns residents of La Quinta with schoolaQe children. Background on La Quinta High School LQHS was opened in 1994 and has a student body of 1800. The physical plant is beautiful and it is one of the most attractive schools in Southern California. For forty years, La Quinta has had a large community of retirees and a small residential community; however, in the past 8 years the demographics have changed due to the new arrivals. This is becoming a suburban community and 61 % of the student body is Hispanic. LQHS has already established itself as a school offering "hands on" experience to help nurture future career choices. Programs have been established to prepare students for careers in computer science and graphics, healthcare (such as medical technicians, nurses, etc.), and hospitality services including specialized hotel cooking classes. What we are missing is well -trained teachers who can inspire and lead students in traditional and rigorous academics. LQHS has one of the lowest percentages of graduates going on to University of California schools in the state. Of this year's graduating class of 376, approximately 15 were admitted to UC schools. The wealthy retirees, who do not have schoolage children, skew the statistics so LQHS does not qualify for disadvantaged federal funding programs as does Indio. But, as of this point in time, the retirees have contributed little to the school — unlike many other California communities. Our school is in the unique position of missing out on federal funding and on private endowments. Background on the International Baccalaureate Program The International Baccalaureate Organization was formed in the 1960's and has established a specified curriculum for the IB program. There are 48 schools in California offering the IB program. The first step begins when secondary school teachers are given intensive training at the national IB center in New Mexico, in order to receive lB accreditation. This summer seven LQHS teachers are attending this IB training program. In turn, these accredited teachers begin to offer a rigorous pre -university course of studies, leading to standardized and empirical examinations, which may result in the award of an IB diploma. The IB diploma is recognized internationally by organizations such as UNESCO and most universities. It is equivalent to the Baccalaureate degree awarded to students throughout Europe and Latin America. College admissions departments at universities throughout the US understand that students who complete the program are highly motivated secondary school students, and they tend to look favorably upon IB candidates seeking college admissions. The real benefit of an IB program is that, historically, it refocuses a school's attention on academics. As a member of the LQHS Foundation I personally have visited IB schools to witness the impact. Again, using Riverside North HS as an example, this teaches what can be achieved in high school education within a short period of time. Riverside is located approximately 75 miles away from La Quinta and the socio-economic mix is very similar to the student body at LQHS today. Many of the Riverside North students come from middle income backgrounds where they were unable to obtain assistance from sources specifically available to low income students. Although IB began at Riverside North five years ago as a small program for 30 students, today it encompasses hundreds of members of the 1560 large student body. IB classes double as Advanced Placement (AP) or Honors classes. Even though a student is not going for the full IB diploma, the student may take the IB/AP/Honors class so long as the course pre -requisites are satisfied. This brings more students "to the party" and creates a strong sense of pride in the school, that they are receiving these specialized IB classes. After five years of summertime IB training, now 56 of the Riverside North teachers have had this additional training. They are admittedly teaching on a higher plane than before. Unfortunately, standardized testing only began in California two years ago so we'll never know the incremental increase IB has brought to Riverside North since its inception. However, the socio-economic profile at Riverside North is very similar to La Quinta and we know they are in the 57"' percentile when it comes to testing (vs.37t" percentile for LQHS) and Riverside North is sending 89 graduating seniors to UC schools next year (vs. 15 from LQHS). We believe that the IB program at LQHS will raise levels of academic achievement among the students at LQHS within the next 5 years, and the Riverside North Experience ( as well as that reported by other IB schools) gives us a reasonable basis in fact for such belief. We have submitted three years of proposed budgets for the IB program along with this application. Funding for the first year, hopefully, will come from local donations and the sale of a student directory. $10,000 has been set aside by the Desert Sands Unified School District for the IB program. Nearly $15,000 in pledges has been raised from members of the community. We anticipate more contributions as the LQHS Foundation was only begun last month. Any shortfall will be covered by the Principal's discretionary fund. We are seeking $10,000 from the city of La Quinta as it is your citizens, and their children, who will benefit as we re -focus LQHS on rigorous secondary education. 1 •- The Foundation In addition to IB, there is an overriding need for teacher training in a number of areas. We do not have the outreach or economically disadvantaged funding prograrn available to schools such as Indio. If you should have hesitations because you are not yet sure of IB, then I ask that you consider the alterative of a $10,000 grant to the Foundation with specific proviso that it only be used on teacher training, and that the school refocuses on traditional academics. Last year I learned of teachers who wanted to go for just one day of professional review & training, and the school had to deny these requests due to lack of funds. This is not the education environment which we want for the future citizens of La Quinta. The La Quinta High School Foundation was recently formed as the vehicle to solicit funds for the endowment of the school. We have applied for treatment as a not -for -profit charitable institution and our attorney, Dave Erwin of Best, Best & Kreiger, advises that we can expect such to be granted in the near future. Our mission statement is "to promote academic achievement and to provide a nurturing environment for talent" as an auxiliary to La Quinta High School (LQHS). I hope this letter sufficiently presents our proposal for funding. If there are additional questions, I would be happy to answer them by letter or phone. Alternatively, Ms. Janet Seto, the Assistant Principal of LQHS and the IB program director, or I would be pleased to meet with you. Please let me know your thoughts and thank you for your attention. Sincerely, La Quinta High School Foundation Clinton Burr President BEST BEST & KRIEGER LLP A CALIFORNIA LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS LAWYERS ARTHUR L. LITTLEWORTH' WILLIAM R. DEWOLFE' R I CHARD T. ANDERSON' JOHN D. WAHLIN' JOHN E. BROWN' MICHAEL T. RIDDELL' MICHAEL GRANT' FRA NCIS J. BAUM' ANNE T. THOMAS' GEORGE M. REYES' WILLIAM W. FLOYD, JR. GREGORY L. HARDKE K ENDALL H. Mn VEY CLARK H. ALSOP DAVID J. ERWIN' MICHAEL J. ANDELSON' DOUGLAS S. PHILLIPS' GREGORY K. WILKINSON GENE TANAKA VICTOR L. WOLF DANIEL E. OLIVIER HOWARD B. GOLDS S TER H EN P. DEITSCH JOHN R. P07TSCHAEFER MARTIN A. MUELLER J. MICHAEL SUMMEROUR SCOTTC. SMITH JACK B. CLARKE, JR. BRIAN M. LEWIS' BRADLEY E. NEUFELD PETER M. BARMACK JEFFREY V. DUNN STEVEN C. DEBAUN ERIC L. GARNER' DENNIS M. COTA P. H. W. F. PEARCE ROBERT W. HARGREAVES C. MICHAEL COWE77 B RUCE W. BEACH ARLENE PRATER MARK A. EASTER MICHELLE OUELLETTE KEVIN K. RANDOLPH CYNTHIA M. GERMANO MARGUERITE S. STRAND KYLE A. SNOW JAMES B. GILPIN KIM A. BYRENS WILLIAM D. DAHLING, JR KIRK W. SMITH BERNIE L. WILLIAMSON G. HENRY WELLES A PROFESSIONAL CORPORATION Ms. Dottie Horvitz Director of Community Services City of La Quinta P.O. Box 1504 La Quinta, CA 92253 DINA O. HARRIS RI CHARD T. EGGER DEAN DERLETH SONIA RUBIO CARVALHO JOHN O. PINKNEY SUSAN D. WILSON DAVID J. HANCOCK HAYLEY E. PETERSON ROGER K. CRAWFORD SHAWN D. HAGERTY PIERO C. DALLARDA DW IGHT M. MONTGOMERY JAMES P. MORRIS KEVIN T. COLLINS CARYN L. CRAIG DAVID W. NEWMAN JENNIFER T. BUCKMAN MARIA E. GLESS GLEN W. PRICE MARYMICHAEL Mc LEOD JAMES R. TOUCHSTONE STEVEN M. ANDERSON ROBERT L. PATTERSON BRYAN K. BENARD PAULA C.P.— SOUSA JAMIE L. RAYMOND LYSA M. SALTZMAN MARCO A. MARTNEZ JOHN F. WALSH DANIEL G. STEVENSON JEFFREY F. FERRE BRONWYN WHITTAKER PETERSEN DORINE LAWRENCE-HUGHES BRIAN P. HICKEY KARLI NA E. KUNZ ALISON D. ALPERT JORGE A. MARTINEZ KRISHAN S. CHOPRA C. MARIO JARAMILLO RAY M OND BEST ( 1 868- 1957) JAMES H. KRIEGER (19131975) EUGENE BEST (1893-1981) July 13, 1999 Re: La Quinta High School Foundation Dear Ms. Horvitz: 39700 BOB HOPE DRIVE, SUITE 31 2 POST OFFICE BOX 1 555 RANCHO MIRAGE, CALIFORNIA 92270 TELEPHONE (780) 568-261 1 TELECOPIER (780) 340 6698 WWW. BBKLAW. COM OF COUNSEL CHRIS70PHER L. CARPENTER' MICHAEL D. HARRIS' DONALD F. ZIMMER' CHRIS71NA L. DYER FRANKLIN C. ADAMS WILLIAM WOOD MERRILL OFFICES IN RIVERSIDE (909) 656-1 450 ONTARIO (909) 989-8584 SAN DIEGO (619) 525-1 300 File No. 77952.0002 I am writing for your consideration of La Quinta High School Foundation's Funding Request. La Quinta High School Foundation ("LQHSF") is a newly -formed California nonprofit public benefit corporation whose Articles of Incorporation were filed with the Secretary of State on June 3, 1999. LQHSF's objective is to function as a fundraising vehicle for La Quinta High School, in La Quinta, California, to facilitate La Quinta High School's institution of a certified International Baccalaureate Program (113 Program"). The IB Program is well -established internationally (in 800 schools) and in 43 schools in California. It confers on the successful candidate an internationally recognized degree which shall facilitate for the degree -holder both post -high school employment and college admission, by providing an objective standard by which the prospective employer and/or college may compare otherwise equally -qualified applicants. La Quinta High School is the only means of education for the sons and daughters of many of your residents, particularly your mid- to low-income residents. Further, test scores at La Quinta High School consistently rank in the 37th percentile nationally. The institution at La Quinta High School, therefore, of the IB Program would be an invaluable tool not only in advancing academics at La Quinta High School, but in enhancing the quality ofthe post -high school opportunities of its students. A grant from the City of La Quinta to LQHSF is essential in realizing these achievements. RMBUS'nXM 153320 LAW OFFICES OF BEST BEST & KRIEGER LLP Ms. Dottie Horvitz Director of Community Services CITY OF LA QUINTA July 13, 1999 Page 2 Addressing the paperwork requirements in the consideration of LQHSF's Funding Request. LQHSF is in the process of seeking recognition of tax-exempt status from the Internal Revenue Service ("IRS") under Section 501(c)(3) of the Internal Revenue Code. The filing of the application papers is anticipated for tomorrow, July 14, 1999. As a newly -formed entity in existence only since June 3, 1999, LQHSF has not filed with the IRS a Form 990. As a newly -formed entity, LQHSF has had no financial activity, but its proposed budget for its entire first year of operation, July 1, 1999 through June 30, 2000, contemplates $100,000 total receipts from grants and fundraising and $7,500.00 total expenses. Please feel free to contact me if you require any further information in the processing of La Quinta High School Foundation's Funding Request. Very truly yours, David,.J`"Erwin of BEST BEST & KRIEGER LLP cc: La Quinta High School Foundation RVg3US\1rvM153320 Attachment One imriiiiiiuiiiiuuiuiruuiiioiiiirirriii.�iiiiiiuiriiuiiriir�iriirririiuiriiiiwi�•rrurriiiriiiiiwiriiirriirrriiiiiriiririiiiuuuui 501(c)(3) tax determination letter from the Internal Revenue Service PLEASE SEE LETTER OF APPLICANT'S COUNSEL, BEST BEST & KRIEGER LLP, dated JULY 13, 1999, INCLUDED WITH THIS APPLICATION U, 13 A ttachment Two A budget for both organization as a whole and the project in particular u19 05i ^0/1999 11: 25 7EL� r ?241F,h L:,` QUINT44 HS P A, GE 02 La Quinta High School International Baccalaureate Program Budget 1998-99 (Application) Schedule A• Ee a Application Fee S 1500 Totals S 2,500 Schedule B• Administrative Coats Coordinator's Salary $ 50,000 Summer 1998 Montezuma, NM 113 Coordinator Training $ 1,000 Summer 1999 Training at Montezuma, NM $ 8,000 Fall 1998 Training at Colorado $ 4,000 Other Training (CIBO) $ 2,000 IB Curriculum Writing, Release Time for Teachers/Substitutes $ 1,500 Visitations S i 000 Totals $ 68,500 &hedule Resource Allocations IB Materials (Course Guides) $ 1,000 Media Cents- Supplies $ 500 Supplies/Printing S 1,000 Postage $ 1.000 Totals S 3,500 Grand Total S 74,500 L ,. 55i20 1939 11:_5 7EOJ-724166 LA UUTATH HS PAS 03 International Baccalaureate Program 1999-2000 Budget (filiation) Schedule A• Feesi Affiliation Fee Totals S 2,000 Schedule Be dministraMLO Costs Coordinator's Salary S 50.000 Summer 2000 Training at Montezuma, NM $ 8.000 Other Staff Training $ 9,000 IB Curriculum Writing, Release Time for TeacherslSubstitutes $ 2,500 Visitations $ 3,000 Totals $ 72,500 Schedule C: R44tource Allocations Texts/Instruclional Materials $ 5,000 1B Materials $ 500 Media Center Supplies S 1,000 Supplies.Printing $ 2,000 Postage S 1,000 Totals $ 9,500 Grand Total $ 81,000 05/20/1939 11:25 7EE177'24-66 L:, OUINTA HS PAGE 04 International Baccalaureate Program 2000-2001 Budget (Participation) Schedule A: Fee% Annual Subscritption Fee S 7,300 Per Capita Fees q) $ 70 X 3 0 2,106 Registration Fees 1,500 Performance Report 11,700 Totals $ 12,600 Schedule H: Administrative Costs Coordinator's Salary $ 50.000 Summer 2001 Training at Montezuma, NNI $ 4,000 Other Staff Training $ 6,000 Release Time for TeacherwSubstitutes $ 1,500 Visitations $ 1000 Totals $ 62,g00 Schedule C: Resource Allocations TextAnstructional Materials $ 7,500 IB Materials $ 500 Media Center Supplies $ 1,000 Supplies/Printing $ 2,000 Postage $ 2400 TotaiR $ 13,000 Grand Total $ 88,100 LA QUINTA HIGH SCHOOL FOUNDATION Box 1901 La Quinta, CA 92253- Tel• 760-564-4634 Budget 1999-2000 Brochure Preparation/ Mock Up $700 Printing $700 Mailing $300 Student Directory Printing & Prep $700 Labor to Assemble & Type Donated Fundraising Other Total Postage $2000 Telephone $100 Labor Donated Legal $2500 Accounting $500 $7500 Attachment Three iuiiiiuiiuiiiiiiii�r✓roiuuiiiirii�iiiiv✓iu>ii✓rrrw�r✓�✓,awio;iir,:or.r,riiniw�:ii uui iiirii-uri i iiiiiiuiiii✓iiin The most recent audited financial statements riii✓iriiiiiioiir.�iiii�iirii�ii✓iivriiriirio�r.rirw�.rr,r.•icsx�s..r.�ior�r-�✓i✓.✓.r.rrr.rs�✓.r✓iiir�✓iriiiiiiiiiuiw✓iiiiiiii PLEASE SEE LETTER OF APPLICANT'S COUNSEL, BEST BEST & KRIEGER LLP, dated JULY 13, 1999, INCLUDED WITH THIS APPLICATION A ttachment Four Complete Form 990 filed with the Internal Revenue Service PLEASE SEE LETTER OF APPLICANT'S COUNSEL, BEST BEST & KRIEGER LLP, dated JULY 13, 19997 INCLUDED WITH THIS APPLICATION `' `� Attachment Five List of the Current Board of Directors LA QUINTA HIGH SCHOOL FOUNDATION DIRECTORS Clinton Burr 49723 Avenue Montero La Quinta, CA 92253 Richard Boudreau 51955 Avenida Diaz La Quinta, CA 92253 Sue Brodie 49350 Avenida Fernando La Quinta, CA 92253 Darlene Dolan 46225 Verba Santa 425 Palm Desert, CA 92260 John Pena -) i 5 19 10 Avenida Navarro U, „t La Quinta, CA 92253 Attachment Six Annual Report PLEASE SEE LETTER OF APPLICANT'S COUNSEL, BEST BEST & KRIEGER LLP, dated JULY 13, 19997 INCLUDED WITH THIS APPLICATION '� s E �2 �, % WRITTEN CORRESPONDENCE ITEM: C( l _D � p I] 12 34 /e5J��9,?sia r+'i t Apr i t7 i"�.A'�v C5.19THE RANCH 0 76029; 29„ 9 rc rJ '29 '96' 1i JERK June 29, 1999 The Honorable Mayor John Pena and City La Quinta Council Members P.O. Box 1504 La Quinta, CA 92253 RE: Consideration for Community Services Grant Dear Mr. Mayor and City Council Members, Desert Rehab. Services Inc., would like to be considered for a $5,000.00 grant from the City of La Quinta during this years budget review. We are a 501(c)(3), non-profit organization established in 1972. We operate two adult residential alcohol and drug treatment facilities in Desert Hot Springs. Our main facility, THE RANCH, is a 42 bed coed facility proving Detoxification (3-7 days) and a 60 day Primary Treatment Program. We also operate HACIENDA VALDEZ, a 20 bed facility for women who have completed treatment, yet need a safe -sober environment while re-entering the community. THE RANCH treats 400-500 men and women and HACIENDA VALDEZ approximately 75 -100 women annually. The majority of the people we serve are from the Coachella Valley and approximately 47% do not have the ability to pay for services, consequently we are continually looking for sources of revenue support. Our records indicate that we treat approximately 35 individuals who list La Quinta as their residence per year. We are most grateful to our past and current donors. Our location is an ideal spot for people entering early recovery, however, it is easy to overlook us as a grantee because of our location. We are tucked -away on a hillside in Desert Hot Springs which makes it difficult to be visible to the general population. Our primary sources of funding are, Riverside County contract, private pay clients, and donors such as, The Berger Foundation, Bob Hope Classic, The Andrew Foundation to name a few. Any positive consideration you give our organization is appreciated. You are welcome to visit our facilities at anytime. If I can answer any questions you may have, please call me at 329-2924. Sincerely, Rick Mesa Executive Director ��'a Internal Revenue Service Department of the Treasury District Director DESERT REHAB SERVICES INC 7885 ANNANDALE AVE. DESERT HOT SPRINGS, CA 92240 Dear Taxpayer: 300 N. Los Angeles Street, MS 7043 Los Angeles, CA 90012 Person to Contact: L . Barragan Telephone Number: ( 213 ) 8 94 - 2 3 3 6 Refer Reply to: EO (0 6 2 3) 98 Date: July 7, 1998 EIN: 23-7365064 This letter is in response to your request for a copy of the determination letter for the above named organization. Our records indicate that this organization was recognized to be exempt from Federal income tax in NOVEMBER 1972 as described in Internal Revenue Code Section 501(c)(3). It is further classified as an organization that is not a private foundation as defined in Section 509(a) of Code, because it is an organization described in Section 509(a)(2). The exempt status for the determination letter issued in NOVEMBER 1972 continues to be in effect. If you need further assistance, please contact our office at the above address or telephone number. Sincerely, Jfr'� � n L. Barrag an� Disclosure Assistant � G • � C9 U Ci6 LU J \ Z _U (�Y = C W N N m / C LIO Q Q J C Q y� LU Z O w a 0 � N N C Ol � Q Q U N vi O O C C Q c O . Q = L } 0 O N n � in v 'q V � cn "O Con c� U u O Q, C1. ? p _ b cci ca ate. tU. U O a � N cC `� � � .� � cn r •� � Q Q' pti � � U O c�a O ucz u •> _ are o U ^a b 2 E " �?, 0. = = , cn c�J1 a 3 oO.��L1 O o rs 0 0dava -�U N a) U a) N N C a) K of c+0 10 LO o, O CV U O� N N Cf iii ch O � O 10 U 10 X X U l LL N LL C V 04 E o o. O of (V N Ol Ol CV N c� c+) O O 10 10 r" n C U N C3 aA , a O% cZ rA N G E N CD H U � cd v CL O 1 i O L CL to do Fz U pyj - r rztko V w b4 to L w U b0 '� � O F� -O O Q O O O } "C c H fi r C C c i LO 'a o• N O% Ol N N ' M cN � O 10 N N N U i N N c N N �3 N N N a CD O a` `a a n x U N U r� 2 N i1 cd RY U A-• cd bA C'C7 U '� .� rU" •�• U CZ a = > W O Q U � � � bA +-' ^d � U � • O bA 31 WRITTEN CORRESPONDENCE ITEM: REGE11ED JUL 29 Pal 2 06 PGA WEST MASTER ASSOCIATION, INC. P. 0. BOX 1516'i' Ur LA QUIw iA ILA QUINTA CA 92253 Y 0 L E R K (760) 776-5100 Fax 776-5111 July 30, 1999 Honorable John Pena, Mayor HAND -DELIVERED TO CITY CLERK Members of the City Council JULY 30, 1999 City of La Quinta, California 78-495 Calle Tampico La Quinta CA 92253 Case No.: Tentative Tracts 29347, 29348, 29349 Applicant: KSL Land Corporation Location: Norman Golf Course, PGA WEST Specific Plan: 90-015 Dear Hon. Mayor and City Council Members: This letter serves as a follow up to our letter to you of July 6, 1999 (attached), and the Planning Commission Public Hearing conducted on July 13, 1999. At that hearing, it is our understanding the Commission reluctantly approved Condition #41 to the above -referenced tentative tract maps, which states: "If a golf cart access is desired between the homes in this tract and the golf facilities within the PGA West campus west of Madison Street, the access route shall be either a tunnel under Madison Street, or a State approved golf cart plan. " Those homeowners from PGA WEST who attended the hearing appreciated the strong sentiments expressed by all Commission members that they felt that a tunnel was the only method of ensuring safety and security of carts crossing Madison. Unfortunately, City Counsel advised that the Commission COULD NOT condition a tunnel in this instance because the tunnel ran from one Specific Plan area to another. So, the above watered- down language was adopted, which allows KSL to forego any golf cart access to the Norman Course if it so chooses. While KSL Representative Chevis Hosea stated several times at the hearing that KSL was in favor of working closely with the City on a surface street State approved golf cart plan, to date we have seen no evidence that the City is even considering such a plan. And even more upsetting is the fact that, when the tunnel issue was discussed in detail in a meeting on June 28th with City Engineer Steven Speer, City Planning Manager Christine di lorio, City Community Development Director Jerry Herman, and observer Councilman Don Adolph, NO MENTION WAS EVER MADE THAT TO CONDITION SUCH A TUNNEL WOULD NECESSITATE RE -OPENING UP SPECIFIC PLAN 90-015 (AND PRESUMABLY SPECIFIC PLAN 83-002), AND AMENDING THE DEVELOPMENT AGREEMENT ON THOSE AREAS TO INCLUDE TUNNEL ACCESS FOR CARTS ACROSS MADISON STREET). So, our protest to the Commission was fruitless and frustrating, to say the least. HON. MAYOR PENA/CITY COUNCIL MEMBERS July 30, 1999 — Page Two We are again compelled to register our strong objection to a State -approved cart plan on the grounds that it poses a serious safety threat and a breach of security at PGA WEST (as we would have to punch holes in our perimeter walls for cart access). Is there any issue of more importance to the City than safety on its public streets? Does not sound land planning and the precedence of several tunnels now in use under heavily traveled thoroughfares (including Madison Street) mandate a tunnel must be built to the Norman Course? Should not the funding of a tunnel, as stated repeatedly by Mr. Herman at the Planning Commission Hearing, not be considered a factor in your decision? Yet KSL continues to argue that the cost is prohibitive, that safety can be mitigated and security is of no concern. ON BEHALF OF MORE THAN 1,800 members of PGA WEST Master Association, WE STRONGLY DISAGREE. We respectfully request that the City Council instruct staff to re -open both Specific Plan 90- 015, and Specific Plan 83-002, including both Development Agreements, if applicable, in order to allow KSL, in concert with the Master Association, to thoroughly investigate the feasibility of requiring the applicant to construct a golf cart tunnel under Madison, connecting both Specific Plan areas, in order to provide a safe, sound and secure access for golf carts to the Norman Course. To date we have received information and proposals that when reviewed by KSL's consultant engineer firm, should allow KSL to construct a tunnel for far less money than originally quoted. It is our understanding the PGA WEST II Residential Association, which owns property on the interior of our perimeter wall in this area, is willing to provide the necessary property to construct an approach ramp to the tunnel. It is also our understanding that on the Norman Course side, it may be necessary to do a lot line adjustment to allow for a similar ramp and cart path to the adjacent interior street. In recognition of these facts, we believe that it is proper to delay the approval of the pertinent tract map that applies to the area in question. Thank you for your consideration of the above request at the August 3Id Council meeting. We appreciate the time, energy and dedication of the Planning Commission, Council and Staff to ensure that La Quinta shall always remain, the "Gem of the Desert." Sincerely, PGA WE7 MASTER ASSOCIATION, INC. By Robert W. Foulk, President Cc: Board of Directors — PGA WEST Master Association Board of Directors — PGA WEST Residential Association Board of Directors — PGA WEST II Residential Association Chuck Otto, President — PGA WEST Members Association COUNCIL/RDA MEETING DATE: AUGUST 3, 1999 ITEM TITLE: Demand Register Dated August 3, 1999 RECOMMENDATION: BACKGROUND: Prepaid Warrants: 37834 - 378451 37846) 37847 - 37853 ) 37854 - 378621 Wire Transfers} P/R 3420 - 3496; P/R Tax Transfers) Payable Warrants: 37863 - 379911 FISCAL IMPLICATIONS: Demand of Cash -City John Approve Demand Register Dated August 3, 1999 Falconer, Finance Director AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING 23 5,146.74 426.00 2,283.00 4,203.99 144,676.26 ' 91,954.37 23,704.81 CITY DEMANDS $1,576,218,24 1,111,846.21 RDA DEMANDS 38,023.14 $1,614,241.38 $1,576,218.24 $1,614,241.38 - t CITY OF LA QUINTA BANK TRANSACTIONS 7/14/99 - 7/29/99 7/23/99 WIRE TRANSFER - DEFERRED COMP 7/23/99 WIRE TRANSFER - PERS 7/23/99 WIRE TRANSFER - CREDIT UNION 7/29/99 WIRE TRANSFER - ESCROW PAYMENT - RDA SUBSIDY PROGRAM 7/29/99 WIRE TRANSFER - ESCROW PAYMENT - RDA SUBSIDY PROGRAM TOTAL WIRE TRANSFERS OUT $5,248.49 $13,310.03 $6,117.74 $55,000.00 $65,000.00 $144,676.26 N ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 10:19AM 07/29/99 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 37863 07/28/99 &00842 NANCY DUTHIE 35.00 37864 07/28/99 &00843 DEBORAH APPLEBAUM 80.00 37865 07/28/99 &00844 BRENDA AVALOS 10.00 37866 07/28/99 &00845 ESTELLA DUARTE 35.00 37867 07/28/99 &00846 RONALD HAWKS 27.00 37868 07/28/99 &00847 JUNGLE LAZERS LLC 6.00 37869 07/28/99 &00848 ROSS MARKWARDT 40.00 37870 07/28/99 ALB005 ALBERTSONS FOOD CENTER 97.38 37871 07/28/99 AME025 AMERICAN ASSOC CODE ENF 45.00 37872 07/28/99 AME050 AMERICAN PUBLIC WORKS ASC 100.00 37873 07/28/99 AME200 AMERIPRIDE UNIFORM SVCS 42.21 37874 07/28/99 AND050 ANDY'S AUTO REPAIR 374.66 37875 07/28/99 ARRO10 ARROW PRINTING COMPANY 139.28 37876 07/28/99 ATK100 ROBERT ATKINS 38.40 37877 07/28/99 ATT100 AT&T WIRELESS SVC 41.59 37878 07/28/99 ATT200 AT&T 18.67 37879 07/28/99 AUT030 AUTOMATED TELECOM 247.72 37880 07/28/99 BAR050 RENEE BARIBEAU 175.00 37881 07/28/99 BEI050 R BEIN, W FROST & ASSOC 269838.85 37882 07/28/99 BER007 JEFF BERLINGERS MOBILE 16.00 37883 07/28/99 BIG010 BIG A AUTO PARTS 293.38 37884 07/28/99 BRA150 JOHN BRANSTETTER 80.00 37885 07/28/99 CAD010 CADET UNIFORM SUPPLY 314.94 37886 07/28/99 CAL031 CALIF PARKS & RECREATION 410.00 37887 07/28/99 CAM045 CAMERON NURSERY & TURF 152.47 37888 07/28/99 CAT100 CATELLUS RESIDENTIAL 42376.56 37889 07/28/99 CDP050 CD PUBLICATIONS 289.00 37890 07/28/99 CLA050 CLASSIC AUTO TRANSPORT 40.00 37891 07/28/99 COA030 COACHELLA VALLEY INSURANC 15902.00 37892 07/28/99 COA080 COACHELLA VALLEY WATER 13206.40 37893 07/28/99 COM030 COMSERCO 64.61 37894 07/28/99 COM040 COMMERCIAL LIGHTING IND 3471.76 37895 07/28/99 DES018 DESERT ELECTRIC SUPPLY 168.09 37896 07/28/99 DESO40 DESERT JANITOR SERVICE 4425.77 37897 07/28/99 DES065 DESERT TEMPS INC 6820.80 37898 07/28/99 DIE020 D HERNANDEZ DBA DIEGO'S 725.00 37899 07/28/99 DI1050 CHRISTINE DIIORIO 90.00 37900 07/28/99 DOU010 DOUBLE PRINTS 1 HR PHOTO 8.43 37901 07 28/99 DRE100 DRESCO REPRODUCTION INC 159.60 37902 07/28/99 EAG100 EAGLE/HOUSEHOLD BANK FSB 86.32 37903 07/28/99 EVA050 DAVID EVANS & ASSOC INC 1950.00 37904 07/28/99 FIE020 FIESTA FORD INC 231.42 37905 07/28/99 GAS010 GASCARD INC 1837.22 37906 07/28/99 GTE010 GTE CALIFORNIA 301.86 37907 07/28/99 GUM050 BRAD GUMMER 220.50 37908 07/28/99 HEN100 HENRY'S GLASS CO 75.46 37909 07/28/99 HER050 RACHEL HERMANSON 1610.00 3 ACCOUNTS PAYABLE - AP5005 CITY OF LA QUINTA CHECK NUMBER 37910 37911 37912 37913 37914 37915 37916 37917 37918 37919 37920 37921 37922 37923 37924 37925 37926 37927 37928 37929 37930 37931 37932 37933 37934 37935 37936 37937 37938 37939 37940 37941 37942 37943 37944 37945 37946 37947 37948 37949 37950 37951 37952 37953 37954 37955 37956 37957 37958 CHECK DATE 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 CHECK REGISTER BANK ID: DEF VENDOR NO. NAME HIT001 HOA010 HOM030 HON050 H00050 HOP100 HYA052 ICM020 ICM030 IMPO10 INT014 IVE100 JAG050 JAS100 JUD010 KEI010 KEL010 KIN050 KIN100 KOR050 KRI100 LAQ030 L00010 LOP050 LOS050 LUB050 MAI050 MCDO10 MCK010 MIR010 MOB100 MUN010 NAT004 NAWO10 NEX010 NIC100 PAL010 PCR100 PER007 PI" J50 PIT015 PRI020 P.RI070 PRY050 QUI100 RAL050 RAS020 REY050 10:19AM 07/29/99 PAGE 2 HITT MARKING DEVICES, INC HUGH HOARD INC HOME DEPOT ** AP CHECK RUN VOID ** DAWN C HONEYWELL FAYE HOOPER NANCY HOPKINS HYATT REGENCY DENVER ICMA DISTRIBUTION CENTER ICMA DUES RENEWAL IMPERIAL IRRIGATION DIST INTERNATIONAL COUNCIL OF LINDA D IVEY JAGUAR COMPUTER SYS INC JAS PACIFIC JUDICIAL DATA SYSTEMS COR KEITH COMPANIES KELLY SERVICES INC KINKO'S KINER/GOODSELL ADVERTISNG KORVE ENGINEERING, INC BRUCE KRIBBS CONSTRUCTION LA QUINTA CAR WASH LOCK SHOP INC RAY LOPEZ ASSOCIATES LOS ANGELES TIMES LUBE SHOP MAINIERO SMITH ASSOC INC MC DOWELL AWARDS McKESSON WATER PRODUCTS MIRASOFT INC MOBILE COMM MUNI FINANCIAL SERV INC NATIONAL ARBOR DAY FOUND RON NAWROCKI NEXTEL COMMUNICATIONS NICKERSON, DIERCKS & ASSC PALM SPRINGS DESERT RESRT PCR THE PERFECT ANSWER PINK INC PITNEY BOWES THE PRINTING PLACE PRINTING SOLUTIONS FRED PRYOR SEMINARS QUILAN PUBLISHING GROUP RALPHS GROCERY CO RASA - ERIC NELSON ELAINE REYNOLDS L 3 "4'' PAYMENT AMOUNT 6.20 1886.12 471.01 13172.50 25.00 168.00 462.85 100.35 800.00 18331.13 1550.00 600.00 762.87 1811.00 100.00 175.48 3307.83 93.02 9752.55 20951.00 5956.00 107.40 328.24 4700.00 33.12 28.34 3500.00 232.15 146.69 10008.75 126.22 100.00 50.00 2400.00 1551.01 5178.00 20000.00 5152.50 35.85 600.00 308.05 136.84 3307.93 129.00 149.89 35.47 4515.00 26.00 0 ACCOUNTS PAYABLE - AP5005 CITY OF LA QUINTA CHECK NUMBER 37959 37960 37961 37962 37963 37964 37965 37966 37967 37968 37969 37970 37971 37972 37973 37974 37975 37976 37977 37978 37979 37980 37981 37982 37983 37984 37985 37986 37987 37988 37989 37990 37991 CHECK DATE 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 CHECK REGISTER BANK ID: DEF VENDOR NO. NAME RIV020 RIV100 RIV101 RIV150 ROS010 SAX100 SCA050 SEA200 SEC050 SOCO10 SOF100 SOU007 STA043 STA050 STA070 SUN075 TER100 TKDO10 TOP010 TRIO10 TRUO10 UND010 UNI200 USB100 USO100 VON010 WAL010 WAR060 WHE050 XER010 10:19AM 07/29/99 PAGE 3 RIV CNTY AUDITOR-CONTROLR ** AP CHECK RUN VOID ** RIVERSIDE COUNTY SHERIFFS RIV COUNTY SHERIFF/INDIO RIV COUNTY TRANSPORTATION ROSENOW SPEVACEK GROUP ** AP CHECK RUN VOID ** SAXON ENGINEERING SERVICE SCAN/NATOA SEAWRIGHT CUSTOM PRECAST SECURITY LINK/AMERITECH THE SOCO GROUP INC SOFTMART INC ** AP CHECK RUN VOID ** SOUTHWEST NETWORKS, INC ANGELA STANLEY STAPLES STATE NET SUNLINE TRANSIT AGENCY TERRA NOVA PLANNING & T.K.D. ASSOCIATES INC TOPS'N BARRICADES INC TRI LAKE CONSULTANTS INC TRULY NOLEN INC UNDERGROUND SERVICE ALERT UNITED RENTALS US BANK US OFFICE PRODUCTS VON'S C/O SAFEWAY INC WAL MART STORES INC WARNER ENGINEERING WHEELER'S XEROX CORPORATION CHECK TOTAL PAYMENT AMOUNT 247.00 494123.25 1401.22 11181.00 22868.17 8715.00 50.00 4359.75 111.45 813.49 407.13 4996.43 12.67 593.21 1470.00 961.52 9674.88 388.75 200.80 23541.00 156.00 161.25 3154.52 4402.50 1368.67 58.34 33.70 3200.00 1030.00 2075.80 1,111,846.21 1D r m O\ D� z m N \ r p a a m x U r1 Ci LD r H r r H r r E r r F r r F r n F r N r E r N r H r N r E r N r E. r N r E r N r E r N r H r N r E a r) H E 0 O N 0 o O 0 0 O 0 o 0 O 0 o 0 o 0 O O o o O O O N a 0 0 0 0 o 0 0 o 0 0 0 0 0 o 0 O o m rn 1 o o 0 0 o ul vi t1 m m m m H �n m r'1 X w N z ro � m z m 'C' O Ol d' o z U El El u a U ° H F4 o H H ow Mul H ow ¢Fan .4 H E n nrc Ua n O nnq m °n O nn ° n o on ° non ° D: OvO 22 pa m w n w > a �a w z rrn w w H A fY O m m 0 N m tD n O ID r 0 r O u ID H y t+1 /+1 t'1 b I(1 If1 m lD N N �'1 rl t'1 O a w w a o o w E a. 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H a N m n m t'1 m z 1 1 o o o o o o o N o !'1 o t(1 10 10 1L1 n r'1 l0 n r✓1 1D 1f1 m Ill H H lD o o o o o o o o O o o o o o o N o o o m o z I o r I o n r o r m o w m 0 l0 m o w m v1 o o w o m o w m o ID m o ID m o ID 1n '+ l0 r o 1D n 0 lD H o r H o n H o n m H o o n r 0 p U Pl 1t1 d' f'1 to d' H t�l 11'1 d' .-� N 1[1 d' H l!1 ul lD H H m lD ID m m d' 1D 1D H H N 1D d' .--� N o N .--� r 10 m H N If1 d' e-i d' 1[t d' H H O m H H o m .-+ H 1(1 i H Itl m H "� t(1 m H r•1 '-1 1f1 Ifl H H .-� ri U a' •--� o O O o o O o o O O O O O o O O o O o o z H z H z H z H H z H E o co ul U U U U U qWq U qWq U qWq U E m H m F m H H m m E m z H z H D W m m 1-7 Q O Q 0 Q O Q Q 0 O H H H Z zo0 0 z Z Z 0 0 Z o a s z a w a a a a a a a a 1.4 H W W W z z a az4 & < a z m Z m z m ���� N N !+ 14 � a a w w E 6 m z�zi 4 w [W�. o W o W o W f+w, o o W < m a 0 z W P+ W H �� H H N H H N N� H a Q 5 H a w mmmom a w o w n p 5 o ', 0 o o o o o o o o o o o o o o o o o o H o o o o H o o o O H H p 71 U E' U H 14 U O a O F o 14 O H O W O E o H a H O H a E O H a E O O H H a a E F O H a H O a a F o s E o Q z a N H z a H Rl m O H m m O O m 5 .-1 O m a O m a O O m m O 5 21 r m Ol O H N of r'1 lD d' i o r r r r r m m m H m .-a m m m .a m z Ol OD OD r x O W H N N N N N N N N N N N N N N 04 Q C1 H H H H H H E H E F H E H H a a ID n N rl V' ,l1 O ,"1 m r'1 o o o r+l t1 m r O H m 1l1 f'1 O d' 01 itt N � N H a r �r o o 0 o p n r O o m m m r O O ID r ill r1 O W N O t'1 O r o H t�l H N Z m W O Fi a Ha 6 ¢ a m i Z 1 E H ElF ° o z x m w u m m m m m m m x �z U a a a a a a a z o z a z a z o z w z H m a a a a a a a H z; w a W o > OU aja q 5 a H w O m w w w w w m m w m m ❑ w u u OH H Oi o o .-� .O--I m lm0 O W N N v01 a m oo m n 'J Gl l((..0pp l((qqD Oayu 0pj1 if1 d' N z 6 RC pNj FC m m m Ol ill V' Dl 4\ H ❑ H H z RC H RC N H H H H H m 01 Dl ID lD q O o o o O O o ill m N o ti ppCC a W W 0 O O W E O O O O O O O O N W O O O O O O O O O O O O o O O m m m O O O O O O O O lD m H N r1 r1 .-� H H nt H �' H coy) - Z o o O o O O O O O m to ill lD In ID O �D O r ID , m r) r1 O O if1 1n N ill O O O O O O 111 111 Q N H H H r) H N N H Ol H H H H U U - H .-a H H H H H H ID < O H O H o O H H o H o H o rl o H O H d' N O H O H O H O H U z H U z o F H H F F H H N z z om 5 5 a a 3 m a 0 0 w z aaamaam a p H O O m z w w W E a z W u W u W W u u W u W u W u O F w m m - 0 0 rC m a o 44 w P. 11 W Cl W W W a w m C i a w a w s X X a s o 0 0 0 0 0 0 o z a 7w w w z WO o O O O O O O O O O O O O O O O O O O O O O H H tD 111 ill .� H Q >+ U H ,-1 O .--I o H f O O .-I O H O 1 O O Z O O P4 O O O O CG U H U m m In m m m m m In m In D m D O 9 3 RC 3 vi iG 22 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF 12:42PM 07/23/99 PAGE 1 CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 37854 07/23/99 CAL050 STATE OF CALIFORNIA 37255 07/23/99 LAQ050 LA QUINTA CITY EMPLOYEES 37856 07/23/99 MCM060 MCMILLAN INSTITUTE 37857 07/23/99 PEN010 JOHN PENA 37858 07/23/99 REA060 REAL PROPERTY ASSOCIATES 37859 07/23/99 RIV040 RIV CNTY DISTRICT ATTORNY 37860 07/23/99 SUP100 SUPPORT PAYMENT CLEARING- 37861 07/23/99 UNI005 UNITED WAY OF THE DESERT 37862 07/23/99 WEL025 WELLS FARGO BANKCARD CHECK TOTAL PAYMENT AMOUNT 25.00 351.00 105.00 403.00 1000.00 426.50 150.00 154.00 1589.49 4,203.99 - 11 23 z r-1 N r l0 N ry C1 v' In N Ql O r-1 H r-I O EE z rn rn m N r U m rn U U O rn rn m £ E o L4 < al m w W W of m rn W F W F W F W F rL W F F F F F E. F F a a r 0 0 0 0 0 0 0 o m CD �rl N E-+ O CD O O O O r w '� r z F Ln O a• N Ql O x O N in O O O N Ln N H N > p m rl C O a' ri r-1 rC a FC O o 0 0 0 0 o O m O O O O O O O Q' �n ❑ ,-i �n r� o ❑ a o c m a X a H N ❑ CD CD CDN O Ln ul cn ri ,-I a o > m U) •-a ,u-i O i FC a' 3 El x W m N x x ❑ E+ z H V r-I H 11 W w � a s a s y a � > a 4 w a 2 x a z z a F H a a a K� < . < < ro F:4 C C Ft� < z FC F IW z U F a F O F. l4 F rl E. C7 F O U E+ I O O F i O O O O i O ElF 'O O El O E+ E O �+ H I E+ E+ F E" W U H H F H Y4 1j R: U1 >, 0. O7 N f1.' Q1 Qa R: S4 JJ f4 w w ll� N 1, H p CL 41 cr H U) O m O 7 O O O V) O u) O V) O > > > O > a Q ❑ tr❑ r❑ a Q ❑ Q H❑ m m ro m❑ S4 z U Q 2 ❑ z 2 z G z Q z ❑ z. W Q z W t4 F N E-H u F z H W H cn W W Ln W N > m W G > �3. W W > W O: > L4 > 6: > > ❑ a n, r v a v a n, a > a > a > a > a ❑ c W W H r-C U W W H ❑ C4' O W W > I > CO m z z i I H ❑ H 0 O H z Er Q H x a z a 1 co w m a I o o w F o O O 0 r 0 0 0 0 o O o w o O O O m 0 O o 0 0 0 0 0 0 0 0 0 m o 0 0 o ri o 0 .� m rl m ch Ln r r r r z N N O f`') v' N N N N lm0 lM0 lM0 N N r ti a N N F z CDO N O O 0 O O CD o 0 0 0 0 0 a Q o O 0 O 0 N 0 O O O O (D H H CF) O� U CJ < O rl O ri O ri O ri O .-1 O r1 O r-I O N O ti O .-1 N N W W z z F CL w E 0 O H W p F rt W Q ❑ ❑ ❑ FC a U < W Q C4 a a fk rl H a w O a << Kt < n F U W U U U U O Cti O W O E+ a H E4 Elz z z z Ln a z 4 < r1 FC a H F F >+ F I W 44 x PQ fA W cn F H O O O O O < t U H W O » U U U U z w a a 3 a x x a m z H w o E--� z z a w O a >^ F F w a W H D a a w a z U rz O Q W m m m m >>1 < F 0 H z a < > C4 a F H a a a a a a a a a< a o ❑ a F < E U x O W H O z W W W W cn z U) a h a a U) 5 3 3 3 3 F z w O W > O CD CD CD O O �Il �n to �n Ln O Lr) Ln w H l0 C O O O N O N O N O N O o O F O a O 0 O x O z O r.0 O > H w H a a a a < U W W H a 5 U) z 0 W S W 3 W 3 W 3 < U U a x a. a 24 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 37847 07/22/99 AME060 A.P.W.A. 37848 07/22/99 AND010 ANDERSON TRAVEL SVC INC 37849 07/22/99 DOU050 DOUBLETREE HOTEL 37850 07/22/99 HAR100 JOHN HARDCASTLE 37851 07/22/99 MCM060 MCMILLAN INSTITUTE 37852 07/22/99 NAF100 NAFTASHO 37853 07/22/99 S00030 S.C.A.C.E.O. CHECK TOTAL 08:43AM 07/22/99 PAGE 1 PAYMENT AMOUNT 340.00 478.00 275.00 300.00 140.00 450.00 300.00 2,283.00 : a 25 r u� m N ri �o H rzr� c� O F z rn rn \ N N \ r x U C7 0 0U C7 El W W W W w C4 Gam] W cC W E E E E+ F E E+ aC L N Q •• CD CD CD CD CD CDO O m E O O O O O O O O o z W E-F z (D m u-) O o 0 o m a cr r r o m In O m i+ Q m Q' N f7 rl Q' M N W < N O O O O O O O O O CDO CD CD CD O Co U1 O O O O a v r r o v in o < O U1 F l O F x z v U W N a W a a > N < < l0 < b < < < < < z E w E F ro F m F E ro E a O m O C O om O O H O A O -1 O W H F+ O F I F N E-F rl F -H E U E U b x H RFi Q1+ cr !Z (i a a. Q H \ Q N O m O O O v O c O > (x m ❑ JJ ❑ ❑ !0 ❑ d ❑ ❑ 'r ❑ z U z � z rl z U z z .0 z C z H U) O W > W N W 'O W N W W W Q. > Sa > > l4 > >1 > O > > ❑ x o o ro �:l o u cn v .0 .0 A A a ❑ W W H U W I 1 ❑ CL O W > > W W z z E H ❑ H U � O H p z F H x < z O. < m W m a I o o w E CD CD CD o o CD CD41 w o o O o O o 0 m o 0 0 (D 0 0 0 E a r r r mm r r z r r o 1. r r 1.0 �o E z H H O N N CD 0 C) 0 �n O U O O O O O O o U z H U r > W O F' O a p n a W W F w W F a H < > O E F I �a x Q z o < E W U H Ox m H FC O F Ft U s 3 w m F < a a z '-+ 44 FC O f1 ❑ a OI to z < < ❑ z m F 4+ W z Q > O O O O o O O O l0 rl U7 O �o O (" 1 O O U E W ❑ z cr W U z < U FC < ❑ x £ z 2n ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 37846 07/20/99 &00841 LEGOLAND CHECK TOTAL 08:11AM 07/20/99 PAGE 1 PAYMENT AMOUNT 426.00 426.00 27 [- O F z CT, 0 N O w F E U rS W � FC W F � 4+ O O O m F O O O Z H W � O O l0 �] N rS v' F O E-F F z w a r a z F a 0 0 F U F C1 H W r Qa O H O Y O Z U Z r-I cn r1 W C] � U W � r-i O fx CU O W J > W W Z Z E [A H 0 H O z o c H x �C Z rQ W W W a I O O W El a O w O A O ED a M z o r E- C) a a w H n z � Z � �• OI .-7 a r� O C7 to Z 7 E- W W a o � OF o U O < U 28 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 37834 07/14/99 CAL041 CAL VISION SERVICE PLAN 37835 07/14/99 CAN050 CANADA LIFE ASSURANCE CO 37836 07/14/99 CCA010 CCAPA 37837 07/14/99 COA080 COACHELLA VALLEY WATER 37838 07/14/99 CVA010 C V A G 37839 07/14/99 ELRO10 EL RANCHITO 37840 07/14/99 LAQ040 LA QUINTA CHAMBER COMMERC 37841 07/14/99 LEA015 LEAGUE OF CALIF CITIES 37842 07/14/99 PRI050 PRINCIPAL MUTUAL 37843 07/14/99 RAP050 RAPID DATA INC 37844 07/14/99 TOT020 TOTAL CONSTRUCTION 37845 07/14/99 TRA030 TRANSAMERICA INSURANCE CHECK TOTAL 5:43PM 07/14/99 PAGE 1 PAYMENT AMOUNT 1181.75 505.33 355.00 2500.00 144210.62 130.57 38750.00 275.00 41051.22 169.97 5965.00 52.28 235,146.74 29 z 19 Ln m l0 r m .--1 O .--1 N m C; E+ z rn m \ r U C� C7 C7 C7 C� C� C7 C� U U C7 0 t7 U' FC M W E. W E-F W E+ W E. W F w F w W w W W W w a s F F E El E. E E c • in E Ln r m m O O Cl o N r O O N O r O m d. o o m e rn o N r [+] £ z o rl m u-) C)if) N O o O rl O m O Ln r m 01 iA N ko �+ Q O '"� '•'' In (n 1n N H r N m c H o) Q' N II N c m r m Ln .i n r m m O O O O 0 LO O cD O c14 N O 00 rN m N N H m in O in In o o O O O in .--1 O) in N a m N +-1 N m rl Lf) r r N in mO w In < N c m Ln 0 b c H m v E-F a E-E w z W a a a a a a a ti a a a m a ro a a � z E F E E+ -E+ W El11 E+ C F O E-E ElE F Q, F O E+ E E- W w 0 a 0 a 0 0 O m 0 a 0 \ 0 O a a o (a o v o a o �-+ -� F -H F E Q. E+ F •� F m F a) F -H -,I E E C F -.-I E.rU a v x w rx w rz c a o x x a p x aE v x E O H N O s4 O a 0 -H O m O H O w O ai O N N H O H pG O x O aE cz u O > z a U a C) a z Q o Q Q Q C)� Q u Q Q. a Q o Q o Q Q Q H U] >. w >. z W U z W m o z W a1 w z W U z of 2 ai z z w z u) z 2 w > '-I > /S > 1 > W > a a W > N W > w G w > ?i >. w W o W A W Q a a a m a) O u) O H 7 H a > x ro > N > W W •'-' -'-' m '^ U r' U •^ .1 ,J In a •,-, Q U w H 44 N Gam. l \ \ z z£ a. a W H Q H H =) z Q1 \ p1 \ m W m I Q r r O El FC z a cQ m w m x 1 O 0 f� EF CL' W O O O O O O m in O O O o ifl m O O O o o O Ln N ul O m O O O to O O Lf) O o O m r l0 O p a z Ln m r m r m m o r. to r m Ln o m m m o m m F N N l0 t0 N w l0 w N N r tD N z o O O O o C)O in C)C) m W) C, C:) C)N CD rf) m C) C) C)U O O p� �p C) N O O m 0 0 RC O O O o O o in H O O O O o v O N H O U a U W a ul w W z < U H E. z O O W U H a H U z g w 5 N a. � w W a a H u) < w < a H O o U U H m � a E EF z H D z W G. > O U U £ £ F U a z a a F F rr m H w m a 0 U z o a� 0 w N a a w Q U a o > a a - m z U o a O rt a z FC < > z a z u ° a w x x w E 0 E w w u U w a a a s F4 zO > o 0 0 0 0 0 o 0 o Cl o OU E+ a z O m O H O r-1 o c' O r-1 O �) o al o O N O m u U Q U O > .a-1 < W a a CL rC ElPL O rOQ� U U U U U W a a w W �n T4-ht 4 4a Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: August 3, 1999 CONSENT CALENDAR: Z ITEM TITLE: STUDY SESSION: Authorization for Overnight Travel for the Community Services Director, Senior Center Supervisor, PUBLIC HEARING: and one Community Services Commissioner to attend the California Parks and Recreation Society Conference in Ontario, California, March 15 - 18, 2000 RECOMMENDATION: Approve authorization for the overnight travel for the Community Services Director, Senior Center Supervisor, and one Community Services Commissioner to attend the California Parks and Recreation Society Conference in Ontario, California, March 15 - 18, 2000. FISCAL IMPLICATIONS: The costs associated with the conference attendance for the Director and one Community Services Commissioner are funded through the Community Services Administration Travel, Training and Meetings Account # 101-251-637-000. The costs associated with the conference attendance for the Senior Center Supervisor is funded through the Senior Center Travel, Training and Meetings Account # 101-202-637-000. The breakdown of estimated expenditures for this conference per person are as follows: • Registration • Meals • Lodging • Mileage TOTAL: CHARTER CITY IMPLICATIONS: None $179 (Early bird rate) $200 $400 $60 $839 per person L O t BACKGROUND AND OVERVIEW: The annual conference of the California Parks and Recreation Society (CPRS) gathers parks and recreation professionals and commissioners from all areas of the State of California to network and share information on issues of common interest. Staff and commissioners receive information on current federal, state and county policies, marketing strategies and programming trends. The request for overnight travel is being considered in advance in an effort to take advantage of an early bird registration special which would save the City of La Quinta up to $50 per person if approved and processed prior to August 31, 1999, according to the registration advertisement (Attachment 1). FINDINGS AND ALTERNATIVES The alternatives available to the City Council include: Approve the request for overnight travel for the Community Services Director, Recreation Supervisor, Senior Center Supervisor, and one Community Services Commissioner to attend the California Parks & Recreation Society Conference in Ontario, California, March 15 - 18, 2000; or 2. Do not approve the authorization for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, ,'t u i odie Horvitz, munity Services Director Approved for submission by: (Thomas P. Genovese, City Manager Attachments: 1. 2000 CPRS Conference Early Bird Registration Form 1J.) IOU$ ATTACHMENT 1 VIP IMPLEMENTATION STRATEGY GOES BEFORE CPRS WAKU Now that you have the VIP plan, have you read it? Download it from www.cprs.org flit, \ II' aotion "team has been busy pull - in,, together implementation strategies for the uine "( ear first steps' identified in the VIP action plau. "Creating Community in the 21st Century" iCC'1). These strategies will be dis- cusseri at the July 15-16 CPRS Board of Direc- tors meeting in Untario, Calif. �4 hen the VIP plan was developed. it was envisioned that not all of the work will be clone by CPRS. As a vision for the profession, not just the professional society, many individu- ah. ,.gencies, allied organizations and aat dentic institutions must be involved to make the overall goal happen. This moans reading CC21 cover to cover and putting the concepts to practice in your own agency. There are clear strategies marked out In CC'21, along with the different groups responsible for accomplishing each strategy. These provide you with help iden- tifying what you should focus on in internal- izing the VIP plan. In addition, refer to pages 15-16 of CC21 for fmtnediate ways to get involved in the pro- fession -wide change of the VIP plan. Clear first steps The CPRS Board of Directors' decision will be specifically on the course of action for Attendina conference is a smart move .... "Early Bird" savings is even smarter �- Early I ors site IP209� � Bird Pre -Register( Price. HURRY1 EARLY BIRD PRICES END AUGUST 319 19991 2000 Conference Early Bird Registration Name Member # (if applicable) Spouse Name Address City/State/Zip Agency Day Phone Check All Applicable Registr,*ion Category Early Bird Rate Boxes ❑ Member ................................. $179* J Nonmember .......................... $355 J Active Retiree ....................... $ 25 • Spouse/Youth ........................ $ 55 • STUDENT ................................. $ 55 PAYMENT INFORMATION $ Total amount of check enclosed Make check payable to CPSRPTC Charge S _ to _J VISA or Mastercard Bankcard # Exp. Date Cardhoider Name, Signature Mail this form to: California Park & Recreation Society 7971 Freeport Blvd, Sacramento, CA 95832-9701 Fax 916/665-9149 conference@cprs.org * 5179 is "Early Bird" member rate. Other registration discounts do not apply with this Early Bird special. Registration with full payment must be postmarked by August 31, 1999, No purchase orders accepted. Questions? Call California Park br Recreation Society, 9161665-2777. CPRS to take for this fiscal vrat Il;r° iii 1pl­ mentation strategies are direotls relatt,d to the nine clear first steps found on pai_,e 3, of CC_'I These steps are called -clear in that theN are among the most important strate,,jies not necessarily because they are the quickest or easiest to complete. As a result, sonic of the "first steps." such as a statewide public rela- tions campaign or developing and dissemmi it- ing K-12 curriculum, ina_v actual'n span n r the next several dears. The clear first steps C('_'I ident,Iicu ;:r� • Create an internal ambassador program to communicate the vision and value of parks and recreation and the VIP Project to members of the profession. • Adopt and implement the %lP vision in individual agencies and organizations. • Design and implement a phased -in statewide public relations program in public and professional media. • Develop core competencies and skills needed by park and recreation prolex- sionals • Develop lgather ; clisserninate K 1 2 cur riculum materials that demonstrate the value of parks, recreation and lei- sure, and help children develop strong leisure skills, implement !hest, in K-12 schools state%ci<ie throuyli providing curriculum to tcariiers .nui through classroom presentan�,!i; 'i� recreation professionals stnidents and educators. • Develop an ongoing benchrnarkin program to establish performance standards for parks and recreation In California. • Establish criteria for identifying y IP demonstration projects related to each component of the mission. • Become more politically acti%e and � isihl,�. • .appoint park and recreation ptot,,;- sionals to boards of directors to influ- ence policy and generate resources. Sound off; Tell us about your presence in the community One of the first steps in the VIP impleni� s- tation involves the influencing of p('lirr, 5% ;it ting on the boards of various �o%(,I :seem community iirganizatiuns. Do _vuu su rurrentl�, on a board, commission or council in your community:' Or are you a regular active menr- her of a community group that has ,i board_ commission or council governing it CPRS could use this information to assess current member involvement in lokc it pinery hoards. Please e-mail this inf��rnnti��n t�, vipresponse�,cprs.org,orfa.rto'alt) I`i attu. VIP Response _� T,dT 4 4aQ" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: August 3, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Authorization for Overnight Travel for the Community Safety PUBLIC HEARING: Manager to Attend the "Y2K Emergency Response Strategies" Training Conference given by The International Quality & Productivity Center located in San Francisco, CA., August 15, 16 and 17, 1999 RECOMMENDATION: Approve authorization for the overnight travel for the Community Safety Manager to attend the International Quality & Productivity Center "Y2K Emergency Response Strategies for Municipalities & Local Government" training conference in San Francisco, California, August 15 - 17, 1999. FISCAL IMPLICATIONS: The training will be funded from Travel, Training and Meetings Account #101 -351-637-000. The breakdown of estimated expenditures for this class is as follows: ♦ Registration $ 1395 ♦ Meals 100 ♦ Travel 600 ♦ Hotel 200 Total $2295 CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: The two-day conference will cover several aspects of Y2K preparedness and response to potential crises. A broad range of issues will be addressed, including emergency response, exercising a contingency plan, maintaining critical public services, and developing year 2000 action teams. There will also be Y2K vendors showing the latest emergency preparedness equipment. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include- 1. Approve authorization for the overnight travel for the Community Safety Manger to attend the "Y2K Emergency Response Strategies" training conference in San Francisco, California, August 15 - 17, 1999; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Building and Safety Director Approved for submission by: jp Thomas P. Genovese, City Manager Attachment: 1. Conference overview showing training subjects Y2K Emergency Response Strategies for Municipalities & Local Government, August, 1999 Page 1 of 9 ATTACHMENT 1 Go To- E Cortferetice l Overview Who Municipalities Aftfor Agenda Ck Local Government Vvor"k:s11ops w to Crisis Management and Zero ®ay Strategies — Re- gist ef ,anticipating and Preventing Y2K Related Problems Other EvenIs Order ALK11 0 August 16-17, 1999 Tapes The Hyatt at Fisherman's Wharf * San Francisco Y"9bit& Exhibit ConferenceOverview prrila Opportunities The clock is ticking — there are only four months left to prepare for the Y2K roll- over period. No one knows for certain what will happen on January 1. 2000 and Contact Us beyond, but because of the potential magnitude of the problem, _you need to be 4QSearch prepared. You must act now to coordinate your contingency plan and understand how to effectively anticipate and prevent Y2K related problems. As part of IQPC's Y2K Management Series, we are delighted to offer you this interactive two-day forum designed to address how to effectively execute your emergency response strategies: l 2K l:anergcoc% Response StraMlies for Nlunicipalities and local (;wernrnent .4ut!uq taa-1'. 19O4) • The III att at Iishernian'* XVharf Stan Francisco. (':k Representatives from government agencies, municipalities. cities and counties will address a broad range of issues within the areas of emergency response, exercising a contingency, plan, maintaining critical public services, developing Year 2000 action teams, coordinating a successful public relations campaign and much more. During this two-day conference you will learn: • The lessons learned by Montgomery County as they conducted their Y2K readiness exercise. • From the IAEM how to assess the critical infrastructure of your community via a vital checklist • How the State of Washington is promoting public awareness and preparing communities for potential Y2K related disruptions • How to prepare for the social consequences of the Y2K roll-over from King County • How the Michigan State Police are working with local government to assess the potential Y2K problems. both internally and externally No doubt your organization has spent time and money coordinating a Y2K contingency plan. but has its effectiveness been tested? Have you determined the members of your emergency response team? Have you organized a community , c http://www.igpc.com/0899y2ig.htm �j f� Y2K Emergency Response Strategies for Municipalities & Local Government, August, 1999 Page 2 of 9 education plan? Have you considered the staffing of your essential services on the eve of January 1. 2000? Don't miss this opportunity to hear practical case studies from the leaders as they discuss the most important part of contingency planning — effective execution. IT'S NOT TOO LATE! ACT NOW! Register yourself - and your entire Year 2000 team - to maximize your learning experience! Amv DiCesare Conference Director Mit dr; :.,Ml 101'ho Should Attend This conference has been researched and designed for: Local Officials and Local Government Employees County and City Elected Officials Year 2000 Project Directors, Managers and Staff Year 2000 Committee Members Disaster Recovery and Emergency Response Managers Crisis Management Managers County Commissioners Public Works Directors Police/Sheriff Departments Fire Departments Emergency Management Teams Public Relations Agency Executive Directors IT Directors and Managers Operations Managers City & County Attorneys Local Business Leaders All Conference Agenda r• s MONDAY, AUGUST 16, 1999 8:00 REGISTRATION - COFFEE/TEA 8:30 CHAIRPERSON'S WELCOME AND OKNING REMARKS I'STFRNATIONAl. ASSOCIA" IONt ()V t'NIE12GFN'C'y' Nl,kN.,kC RS Ir .� 8:45 AMERICAN RED CROSS AND COMMUNITY PARTNERSHMS FOR U http://www.igpc.com/0899y2lg.htm Y2K Emergency Response Strategies for Municipalities & Local Government, August, 1999 Page 3 of 9 Y2K ANIF:RI( AN REI) CROSS 9:15 MONTGOMERY COUNTY EMERGENCY EXERCISE: TESTING YEAR 2000 READINESS NI0NT(;0MERY COI_,'NTN, N14RNLAN1) 10:30 Morning Refreshment Break 11:00 COMMUNITY -WIDE IMPACT FOR YEAR 2000 BUSINESS CONTINUITY PLANNING FOR CRITICAL LIFELINES AND INFRASTRUCTURES ASSOCI r HON OF` CON'I INGF:N(A PLANNERS 11:45 CONTINGENCY PLANNING FOR ESSENTIAL SERVICES IN THE NEW MILLENNIUM: A YEAR 2000 GUIDE FOR LOCAL GOVERNMENT F_:NIF.RCFN(Y NIANACtAlEN 1 IA VISION NIICIIICAN STATt'. POL,I(t'. 12:30 LUNCHEON FOR DELEGATES AND SPEAKERS 1:30 CONTINGENCY PLANNING STRATEGIES FOR A WATER AND POWER UTILITY LOS AN( ELLS DEPARTNILNT OF NN A IL RAN1) POWER 2:15 CONDUCTING A YEAR 2000 TABLETOP EMERGENCY RESPONSE EXERCISE — LESSONS LEARNED SANDIA NATIONA.I, LABOR.AIORY 3:00 Afternoon Refreshment Break 3:30 COORDINATING STATE & LOCAL GOVERNMENT INITIATIVES TO PREPARE THE PUBLIC FOR Y2K S'J ATE OF' NN ASII INCTON 3:45 JOINT CONTINGENCY PLANNING WITH YOUR LOCAL UTILITIES C1I'Y & COUNTY OF D[:NYER 4:30 CONCLUSION OF DAY ONE TUESDAY, AUGUST 17, 1999 8:30 REGISTRATION - COFFEE & TEA 9:00 CHAIRPERSON'S WELCOME & OPENING REMARKS ('IT)' & COUNTY OF I)IuNVE:R 9:15 MUNICIPALITY PREPAREDNESS: A CHECKLIST FOR YOUR COMMUNITY'S CRITICAL INFRASTRUCTURE IN'I'ERNA'I'IONAI.,;%SSOCIA`I'ION Ot F'A1F:R(A'NCN NI N ACERS 10:00 GLOBAL PROBLEMS WITH LOCAL SOLUTIONS: PROMOTING http://www.iqpc.com/0899y2lg.htm Y2K Emergency Response Strategies for Municipalities & Local Government, August, 1999 Page 4 of 9 PUBLIC AWARENESS AND ENGAGING COMMUNITY PREPAREDNESS N11,kN1J-1)ADF COtAJI', F[.OR11)A 10:45 Morning Refreshment Break 11:15 SOCIAL CONSEQUENCES FOR THE Y2K ROLL-OVER Fi1NG CO (I NIA, kS141N(;" O,% 12:00 LUNCHEON FOR DELEGATES AND SPEAKERS 1 -.00 TECHNOLOGY AND SERVICES SPOTLIGHT ON Y2K CONTINGENCY PLANNING - WHO CAN HELP MUNICIPAL & LOCAL GOVERNMENTS Are you looking for an opportunity to assess the ability of solution providers to assist you in contingency planning'? As a client, you expect their help in formulating and implementing contingency plans. ensuring the continuity of operations into the new millennium. As a solution provider, this is a unique opportunity to introduce your firm's products and services to the decision makers in attendance and answer their questions. Join: SOIATIONS PITS For more information on participation or additional sponsorship opportunities, contact Lorne Grout at 617-482-3258 ext. 213 or email ;­�:of,t,,, 111,1fi i„ 1:45 ALTERNATIVE HEALTH CARE ASSESSMENT AND PREPARATION STRATEGIES FOR YEAR 2000 C11'Y OF [)F;N\,-FR, ('0.1_.-ORAI)O 2:30 BEATING THE YEAR 2000 BY WORKING WITH YOUR INDUSTRY COUNTERPARTS: ENSURING INDUSTRY COMPLIANCE S, kN AN''FON'10 NN.A7 ER S1'-"1'F:N1 3:15 Networking & Refreshment Break 3:45 ENSURING BUSINESS CONTINUITY AND COMPLIANCE FOR YOUR TRANSIT SERVICES S01,1Ff[O:NS 111,1'S 4:30 CONCLUSION OF MAIN CONFERENCE \Voris iol)s Pre & Post -Conference Workshops Intersacti),e Pre -Conference \\orkshops http://www.lqpc.com/0899y2ig.htm Y2K Emergency Response Strategies for Municipalities & Local Government, August, 1999 Page 9 of 9 150 Clove Road P.O. Boa 401 Little Falls, NJ 07424-0401 REGISTER NOW Please mention priority code "C*INHP" when you register! Special Note: Government employees save $100 if you pay by credit card or check when registering Fees for the conference: Special Discount with credit card/check $1395 ... Conference Only $1795 ... Conference plus One Workshop $2195 ... Conference plus Two Workshops $2595 ... Conference plus Three Workshops Price without a credit card/check $1495 ... Conference Only $1895 ... Conference plus One Workshop $2295 ... Conference plus Two Workshops $2695 ... Conference plus Three Workshops 1'rt'�c't�t'r1 bj- 1nWast onal Qualm vol Pioductivity Omtw + 9vzr) %II Right. ke't rN"d HIt� tsrm tt. 4 ,otum and :ari,t7v, c11h,I1 thtt -.rt b p W( ,r trite lean. ut lC1N !! (7 ��,,rr ''i �j http://www.igpc.com/0899y2lg.htm i �� T4ht 4 4Qumtw AGENDA CATEGORY: BUSINESS SESSION: COUNCILIRDA MEETING DATE: August 3, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Approval of the Selection Committee's PUBLIC HEARING: Recommendation to Execute a Professional Services Contract With The Planning Center to Update the General Plan Housing Element in an Amount Not to Exceed $36,475 RECOMMENDATION: Approve the Selection Committee's recommendation to execute a Professional Services Contract with The Planning Center to update the General Plan Housing Element in an amount not to exceed $36,475 and authorize the Mayor to sign the contract. FISCAL IMPLICATIONS: A total of $241,549 is budgeted in the Community Development Department's Fiscal Year 1999-2000 Budget - Contract Services Account (#101-402-605-000) of which $40,000 is designated for the General Plan Housing Element. The contract with The Planning Center is for a not to exceed amount of $36,475. BACKGROUND AND OVERVIEW: The Professional Services Selection Committee, consisting of the Community Development Director, Planning Manager, and a Principal Planner recommend The Planning Center to update the General Plan Housing Element. The Committee reviewed two proposals and interviewed both firms: Terra Nova Planning and Research Inc. and The Planning Center. Upon completion of the interview and selection process, it was the consensus of the Committee that The Planning Center can provide the best professional services to the City to complete the update and State certification of the General Plan Housing Element. Upon execution of the contract document (Attachment 1), The Planning Center will begin work the week of August 16th. The review and approval process includes one joint Planning Commission and City Council community workshop, and two public hearings. The update will take approximately 10 months. N\CC rpt. Housing Element Contract.wpd FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve the Selection Committee's recommendation to execute a Professional Services Contract with The Planning Center to update the General Plan Housing Element in an amount not to exceed $ 36,475 and authorize the Mayor to sign the contract; or 2. Do not approve the Selection Committee's recommendation to execute a Professional Services Contract with The Planning Center to update the General Plan Housing Element; or 3. Provide alternative direction to staff. Respectfully submitted, MW`W� erVy Hernr an, Community Development Director Approved for Submission by: Thomas P. Genovese, City Manager Attachments: 1. Contract Services Agreement iA:ACC rpt. Housing Element Contract.wpd ATTACHMENT #1 CONTRACT SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement"), is made and entered into by and between the CITY OF LA QUINTA, (the "City"), a California municipal corporation, and THE PLANNING CENTER, a California corporation, (the "Contractor"). The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR A. Scope of Services. In compliance with all terms and conditions of this Agreement, the CONTRACTOR shall provide those services related to the General Plan Update, as specified in the "Scope of Work" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). CONTRACTOR agrees 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. B. CONTRACTOR'S Proposal. The Scope of Work shall include the CONTRACTOR's proposal or bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. C. 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. D. Licenses, Permits, Fees and Assessments. CONTRACTOR 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. CONTRACTOR 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. E. Familiarity with Work. By executing this Agreement, CONTRACTOR represents 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 the CONTRACTOR discover any latent or unknown conditions materially differing from those inherent in the work or as represented by THE CITY, it shall immediately inform THE CITY of such fact and shall not proceed except at CONTRACTOR's risk until written instructions are received from the Contract Officer (as defined in 5.13 hereof). F. Care of Work. The CONTRACTOR shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for A_�Housing Element 99 Contract.wpd Agreement for Consulting Services -The Planning Center all such damages, to persons or property, until acceptance of the work by THE CITY, except such losses or damages as may be caused by THE CITY's own negligence. The performance of services by CONTRACTOR shall not relieve CONTRACTOR from any obligation to correct any incomplete, inaccurate or defective work at no further cost to THE CITY, when such inaccuracies are due to the negligence of CONTRACTOR. G. Additional Services. In accordance with the terms and conditions of this Agreement, the CONTRACTOR shall perform services in addition to those specified in the Scope of Work (Exhibit "A") and the Project Schedule, attached as Exhibit "B" hereto and incorporated herein by reference, when directed to do so by the Contract Officer, provided that CONTRACTOR shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding fifteen percent (15 %) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 2.0 DELIVERABLES. A. Generall . CONTRACTOR shall be responsible for preparation of work products or deliverables as specified in the List of Deliverables or Products (Exhibit "A"), attached hereto and herein incorporated by reference. All written deliverables shall be in an 8.5 inch by 11.0 inch camera ready reproducible format, printed on one side only. All graphic material shall be as specified in Exhibit "A" or as directed by the City. B. Meetings. The meetings corresponding to services for this contract are set forth in the Lists of Meetings, attached as Exhibit "B"(Task Seven) and herein incorporated by reference. The List of Meetings may be amended by mutual consent of the CITY'S CONTRACT OFFICER , and CONSULTANT. C. Monthly Progress Reports. CONTRACTOR shall submit to THE CITY a written monthly progress report attached to the request for payment. These reports are considered a deliverable and, as such, a condition of this Agreement. Each progress report shall include, at a minimum, the following: • For each Task, a brief statement of the work performed since the last monthly progress report; • For each Task, a comparison of actual accomplishments to established objectives, milestones and/or deadlines; • Identification of reason(s) for "slippage" or "delay" if deadlines were not met or for failure to meet objectives or milestones. • Discussion of any issues that may have arisen or are expected to arise, problems encountered, changes in personnel, etc., that could affect or are affecting the work. A:�Housing Element 99 Contract.wpd 2 Agreement for Consulting Services -The Planning Center • Discussion of any proposed changes in or amendments to the Scope of Work, attached hereto and herein incorporated by reference, and any delays or deviations from the Project Schedule, attached as Exhibit "B" hereto and incorporated herein by reference. • Work planned for the next reporting period and anticipated accomplishments. Each monthly progress report shall be updated to reflect an entire calendar month and subsequently submitted as a required attachment to any request for payment submitted by CONTRACTOR. Receipt and approval of monthly progress reports by THE CITY is mandatory prior to any issuance of payment to CONTRACTOR. D. Quarterly Update. THE CITY may require that CONTRACTOR update the Project Schedule on a quarterly basis, dependent upon the nature and number of extensions that may have been previously approved. These updates are considered a deliverable and, as such, a condition of this Agreement. 3.0 COMPENSATION. A. Agreement Sum. For services rendered pursuant to this Agreement, THE CITY shall pay to CONTRACTOR an amount not to exceed Thirty Six Thousand Four Hundred Seventy Five dollars (36,475) in accordance with the "Project Budget ", dated June 25, 1999, and attached as Exhibit "C", and "Hourly Rates" as specified dated June 25, 1999, attached as Exhibit "C",and each is incorporated herein by reference. B. Maximum Amount of Allowable Costs. The "Project Budget ", and "Hourly Rates" attached as s "C", states the maximum allowable costs ("Grand total costs" as shown in the last column) for each of the tasks identified in the "Scope of Work" Exhibit "A" and supplements thereto, all of which are attached and incorporated herein by reference. To shift funds from task to task in order that the maximum allowable cost for any task is to be increased or decreased requires the mutual consent of THE CITY'S CONTRACT OFFICER, and the CONTRACTOR. Preparation and distribution of a letter of confirmation by CONTRACTOR shall be incorporated as a matter of record into this Agreement upon mutual consent to shift funds. C. Payment to CONTRACTOR. Payment shall be made to CONTRACTOR only. It shall be the responsibility of CONTRACTOR to pay all contractors, subcontractors and/or vendors for purchased goods or services. D. Payment in Arrears. Payment to CONTRACTOR shall be made in arrears, not more frequently than once every month, except that advance payments may be made for expenses related to - "Workshops" when circumstances dictate and when approved by THE CITY. E. Total of Invoices. The total of all invoices for tasks submitted by CONTRACTOR shall not exceed the amount set forth in the AGREEMENT SUM above. A:AHousing Element 99 Contract.wpd 3 Agreement for Consulting Services -The Planning Center F. Actual Costs. Reimbursement for the services of CONTRACTOR shall be based upon actual expenses incurred. G. Method of Payment. 1). CONTRACTOR shall prepare a checklist of milestones (Project Milestones for Progress Payments, such as meetings and/or deliverables (attached as Exhibit "B"), or other readily identifiable achievements, together with the percent of work represented by that milestone, deliverable, and/or achievement of the total work to be completed to fulfill the terms and conditions of this Agreement. A corresponding entry for each milestone, deliverable, and/or achievement shall be included in the Project Schedule, attached as Exhibit "B" and incorporated herein by reference. Subsequent to THE CITY'S approval of this checklist, payment up to and including ninety percent (90%) of the maximum allowable cost for each task shall be made to CONTRACTOR in accordance with the checklist. By way of example, for a month in which CONTRACTOR prepares and submits to THE CITY a draft report which is identified on the checklist as representing thirty percent (30%) of the total work to complete that Task, CONTRACTOR may request payment in the amount of thirty percent (30%) of the maximum allowable cost for that task. THE CITY shall make payment to CONTRACTOR for all such requests for payment up to but not exceeding an amount greater than ninety percent (90%) of the maximum allowable cost for that task. 2). THE CITY shall withhold and retain ten percent (10%) of the maximum allowable cost for reach of the aforementioned tasks. Upon completion of work in accordance with the terns and conditions of this Agreement and the Project Milestones for Progress Payments as approved by THE CITY and herein incorporated by reference, THE CITY shall release an amount up to but not exceeding this remainder ten percent (10%) as a lump sum payment to CONTRACTOR, upon receipt, review and City Council approval of the Housing Element. CONTRACTOR'S obligations under the terms of this AGREEMENT shall be deemed discharged upon issuance of the final monthly payment. 3). Payment of Reimbursable. A reimbursable expenses budget not to exceed Two Thousand Four Hundred Fifteen dollars ($2415) is established. Reimbursable expenses shall be paid in full with every invoice. All reasonable expenses for transportation, lodging and meals related to approved and authorized travel shall be eligible for reimbursement. All travel expense must accompany receipts or other documentation deemed sufficient by the Contract Officer. In no event shall CONTRACTOR be reimbursed for any expense related to the purchase and/or consumption of any alcoholic beverage. Costs related to reproduction, printing, communications and supplies shall be reimbursed on the basis of actual charges. H. Responsibilities of CONTRACTOR. In any month for which CONTRACTOR is entitled to payment, CONTRACTOR shall submit to THE CITY'S Contract Officer a written request for payment that conforms to the following: A:�Housing Element 99 Contract.wpd 4 Agreement for Consulting Services -The Planning Center a Submitted by or on the tenth day of the following month; 0 Submitted in a format prescribed by THE CITY. • Submitted together with a monthly progress report. • Submitted together with supporting documentation (bids, receipts, canceled checks, invoices, etc.) or in a format approved by the City. 1. Responsibilities of THE CITY. THE CITY'S Contract Officer shall review all requests for payment to determine whether services performed and deliverable(s) submitted are consistent with this Agreement. Upon approval by the Contract Officer, payment to CONTRACTOR shall be made as promptly as fiscal procedures permit, generally within 30 days. J. Disputes. In the event of a disputed or contested request for payment, only that portion so disputed or contested shall be withheld from payment and the undisputed portion shall be paid, CONTRACTOR'S failure to provide legible receipts shall be grounds for non -reimbursement of related charges. THE CITY shall notify CONTRACTOR in writing of the basis of the dispute or contest. K. Records. THE CITY shall have the right to review all books and records kept by CONTRACTOR and any subcontractors in connection with the operation and services performed under this Agreement. THE CITY shall withhold payment for any expenditure not substantiated by CONTRACTOR'S or subcontractors' books or records. CONTRACTOR shall ensure that such books and records are retained for a period of three (3) years after satisfaction of the terms of this Agreement and that THE CITY shall have reasonable access to said books and records. L. Task Budget Amendments; Obligation of CONTRACTOR. It shall be the responsibility of CONTRACTOR to notify THE CITY that there is a need to consider shifting funds from task to task in order to increase or decrease the maximum allowable cost. Notice shall be given to THE CITY within a reasonable amount of time of discovering the need for revision such that THE CITY may duly consider the need and subsequent impacts upon the work to be completed and the Project Schedule. 4.0 PERFORMANCE SCHEDULE A. Time of Essence. Time is of the essence in the performance of this Agreement. B. Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in the "Schedule of Performance" (also referred herein as the "Project Schedule") attached hereto as Exhibit "B" and incorporated herein by this reference. Extensions and amendments to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. U 0 0 A:�Housing Element 99 Contract.wpd 5 Agreement for Consulting Services -The Planning Center C. Force Majeure. The time period specified in the Schedule of Performance (also referred herein as the Project Schedule) attached hereto as Exhibit "B" 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 the CONTRACTOR, 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 the CONTRACTOR shall within ten (10) days of the commencement of such delay notify the Contracting Officer in writing of the causes of the delay. The Contracting 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 judgment such delay is justified, and the Contracting Officer's determination shall be final and conclusive upon the parties to this Agreement. D. Term. Unless earlier terminated in accordance with Section 8.H 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 (Project Schedule) attached hereto as Exhibit "B". 5.0 COORDINATION OF WORK A. Representative of CONTRACTOR. The following principals of CONTRACTOR are hereby designated as being the principals and representatives of CONTRACTOR authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Susan DeSantis, Principal & Project Manager It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for THE CITY to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of CONTRACTOR and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by CONTRACTOR and no other personnel may be assigned to perform the service required hereunder without the express written approval of THE CITY. B. Contract Officer. The Contract Officer shall be the City Manager or his designee of THE CITY. It shall be the CONTRACTOR's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the CONTRACTOR shall refer any decisions which must be made by THE CITY to the Contract Officer. Unless otherwise specified herein, any approval of THE CITY required hereunder shall mean the approval of the Contract Officer. tJ' J A:AHousing Element 99 Contract.wpd 6 Agreement for Consulting Services -The Planning Center C. Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of CONTRACTOR, its principals and employees were a substantial inducement for THE CITY to enter into this Agreement. Therefore, CONTRACTOR shall not contract with any other entity (other than those included in the Scope of Services) to perform in whole or in part the services required hereunder without the express written approval of THE 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 THE CITY. D. Independent CONTRACTOR. Neither THE CITY nor any of its employees shall have any control over the manner, mode or means by which CONTRACTOR, its agents or employees, perform the services required herein, except as otherwise set forth. CONTRACTOR shall perform all services required herein as an independent CONTRACTOR of THE CITY and shall remain at all times as to THE CITY a wholly independent CONTRACTOR with only such obligations as are consistent with that role. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of THE CITY. E. THE CITY Cooperation. THE CITY shall provide CONTRACTOR with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to THE CITY. THE CITY shall additionally provide CONTRACTOR staff assistance and shall take prompt and appropriate action when it will assist in ensuring timely performance by CONTRACTOR hereunder. 6.0 INSURANCE, INDEMNIFICATION AND BONDS. A. Insurance. The CONTRACTOR shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from CONTRACTOR's negligent or wrongful acts or omissions, to the extent of the CONTRACTOR's negligence or wrongfulness, rising out of or related to CONTRACTOR's performance under this Agreement. CONTRACTOR shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws and professional errors and omissions liability insurance. Such insurance shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days' written notice of proposed cancellation to THE CITY. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of CONTRACTOR's performance hereunder and neither THE CITY nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming THE CITY and its officers and employees as additional insureds as to the CONTRACTOR's liability hereunder shall be delivered to and approved by THE CITY prior to commencement of the services hereunder. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of CONTRACTOR's obligation to indemnify THE CITY, its contractors or employees. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: A:AHousing Element 99 Contract.wpd 7 Agreement for Consulting Services -The Planning Center Contract Sum Coverage(personal in-jury/property damage) Less than $50,000 $100,000 per individual; $300,000 per occurrence; $600,000 in the aggregate $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence B. Indemnification. The CONTRACTOR shall defend, indemnify and hold harmless THE CITY, its officers, employees, representatives and agents, from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by THE CITY) and for errors and omissions committed by CONTRACTOR, its officers, employees and agents, arising directly or indirectly out of or related to CONTRACTOR's negligent or wrongful performance and to the extent of the CONTRACTOR's negligent or wrongful performance under this Agreement, except to the extent of such loss as may be caused by THE CITY's own negligence or wrongfulness or that of its officers or employees. C. Performance Bond. (Not Applicable to this Agreement). D. Payment Bond. (Not Applicable to this Agreement). E. Remedies. In addition to any other remedies THE CITY may have if CONTRACTOR fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, THE CITY may, at its sole option: 1). Order the CONTRACTOR to stop work under this Agreement and/or withhold any payment(s) which become due to CONTRACTOR hereunder until CONTRACTOR demonstrates compliance with the requirements hereof. 2). Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies THE CITY may have and are not the exclusive remedies for CONTRACTOR'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 CONTRACTOR may be held responsible for payments of damages to persons or property resulting from CONTRACTOR's or its subcontractors' performance of work under this Agreement. 7.0 RECORDS AND REPORTS. A. Reports. CONTRACTOR shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. J � t A:AHousing Element 99 Contract.wpd 8 Agreement for Consulting Services -The Planning Center B. Records. CONTRACTOR 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 principles. 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. C. 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 CONTRACTOR, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of THE CITY and shall be delivered to THE CITY upon the termination of this Agreement or upon the earlier request of the Contract Officer, and CONTRACTOR shall have no claim for further employment or additional compensation as a result of the exercise by THE CITY of its full rights of ownership of the documents and materials hereunder. CONTRACTOR may retain copies of such documents for its own use. CONTRACTOR shall have an unrestricted right to use the concepts embodied herein. CONTRACTOR shall cause all subcontractors to assign to THE CITY any documents or materials prepared by them, and in the event CONTRACTOR fails to secure such assignment, CONTRACTOR shall indemnify THE CITY for all damages suffered thereby. D. Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by CONTRACTOR 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. CONTRACTOR shall not disclose to any other private entity or person any information regarding the activities of THE CITY, except as required by law or as authorized by THE CITY. 8.0 ENFORCEMENT OF AGREEMENT. A. 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 CONTRACTOR covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. B. Dispute . 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, THE CITY may take such immediate action as THE 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 ay t) i. � A:Mousing Element 99 Contract.wpd y 1, J _1 Agreement for Consulting Services -The Planning Center 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 THE CITY's right to terminate this Agreement without cause pursuant to Section 8. H. C. Retention of Funds. THE CITY may withhold from any monies payable to CONTRACTOR sufficient funds to compensate THE CITY for any losses, costs, liabilities or damages it reasonably believes were suffered by THE CITY due to the default of CONTRACTOR in the performance of the services required by this Agreement. D. Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. THE CITY's consent or approval of any act by CONTRACTOR requiring THE CITY's consent or approval shall not be deemed to waive or render unnecessary THE CITY's consent to or approval of any subsequent act of CONTRACTOR. 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. E. 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. F. 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. G. LIQUIDATED DAMAGES. (Not Applicable to this Agreement). H. Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section 8.1 for termination for cause. THE CITY reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to CONTRACTOR. Upon receipt of any notice of termination, CONTRACTOR shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. CONTRACTOR 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 Project Budget (Exhibit "C") or such as may be approved by the Contract Officer, except as provided in 8.C. AMousing Element 99 Contract.wpd 10 Agreement for Consulting Services -The Planning Center I. Termination For Default Of CONTRACTOR. If termination is due to the failure of the CONTRACTOR to fulfill its obligations under this Agreement, THE CITY may, after compliance with the provisions of 8.13, take over the work and prosecute the same to completion by contract or otherwise, and the CONTRACTOR shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that THE CITY shall use reasonable efforts to mitigate such damages), and THE CITY may withhold any payments to the CONTRACTOR for the purpose of set off or partial payment of the amounts owed THE CITY as previously stated in 8.C. J. 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. 9.0 CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION. A. Non -liability of City Officers and Employees. No officer or employee of THE CITY shall be personally liable to the CONTRACTOR, or any successor in interest, in the event of any default or breach by THE CITY or for any amount which may become due to the CONTRACTOR or to its successor, or for breach of any obligation of the terms of this Agreement. B. Conflict of Interest. No officer or employee of THE 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 effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The CONTRACTOR warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. C. Covenant against Discrimination. CONTRACTOR 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. CONTRACTOR 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. 10.0 MISCELLANEOUS PROVISIONS A. No ice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to 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 AAHousing Element 99 Contract.wpd 11 �� ' Agreement for Consulting Services -The Planning Center shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this W.A. To City: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, California 92253 Attention: City Manager To Contractor: Susan DeSantis, Principal The Planning Center 1580 Metro Drive Costa Mesa, CA 92626 B. Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. C. 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. D. 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 effect 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. E. 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. A:\Housing Element 99 Contract.wpd 12 l) 1 J Agreement for Consulting Services -The Planning Center IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: ATTEST: SAUNDRA L. JUHOLA, City Clerk APPROVED AS TO FORM: Lo CITY OF LA QUINTA, a California municipal corporation JOHN J. PENA, Mayor "CITY" THE PLANNING CENTER., a California corporation By: - 7�!" r z DAWN HONEYWELL, City Attorney me: Susan A. De Santis Title:lirt.C,c.d a�t� Dated: 7zAg9 r "CONTRACTOR" 88 C:\WINDOWS\TEMP\HOUSIN-1.WPD 13 Agreement for Consulting Services -The Planning Center EXHIBITS "A" Scope of Services and List of Deliverables "B" Project Schedule and List of Meetings "C" Project Budget and Hourly Rates AAHousing Element 99 Contract.wpd 14 Scope of Work EXHIBIT #A The Housing Element will identify existing and projected housing needs and establish goals, policies, and programs for the construction, preservation, and improvement of housing to meet the needs of Riverside. The intent is to provide the City with a legally defensible document in compliance with State housing element law. The RFP requests that the team members responsible for each task be specified in the Scope. As the Budget is presented in the format of specific staff person hours by task, the staff assigned to each task is not specified here order to reduce duplication of information. TASK ONE. SETTING THE FOUNDATION Task 1.1 Initial organization of the work program is essential to assure that a Project Orientation process is established to provide close communication between the consultant and City staff. The Planning Center will attend a kick-off meeting with City staff to refine the work program. As part of this meeting, The Planning Center will prepare a list of data base needs for transmittal to the City. Roles and responsibilities will be defined, and management procedures established to ensure the most efficient use of resources. A brief tour of the City, led by City staff, is recommended to help provide The Planning Center with working knowledge of the changes that have occurred in the City subsequent to adoption of the 1995 Housing Element, areas designated for mixed -use or high density residential neighborhoods, the potential annexation area, relevant projects and the overall character of the City. Task 1.2 The Planning Center will work with City staff to develop a Develop Format for Updated preliminary format for the updated Housing Element which Housing Element reproduces the style and format of the 1998 General Plan. The Planning Center has the 1995 Housing Element on-line in WordPerfect available to provide the basic framework of the Element and reduce duplication of effort in sections where minimal revision is necessary. The Planning Center will review the updated 1998 General Plan, and the 1995 Housing Element in terms of format and use of tables and graphs. It is expected that the new format will include explanatory charts and graphics within the text of the Element. It is intended that the Housing Element will be prepared in a format that can readily be inserted into the General Plan, or serve as a stand alone document. The final documentation will be prepared in WordPerfect 6.1 format, presented to the City on diskette. An abbreviated version of the comprehensive Housing Element will be prepared for insertion into the General Plan document, in addition to a comprehensive stand alone document. The specific content of an abbreviated Housing Element section will be determined in conjunction with City staff. It is envisioned that such The Planning Center • Page 1, 4 �- Scope Of Work a chapter will be formatted to be consistent with the other elements of the General Plan. The Housing Plan summary will be prepared in a matrix format which identifies the program, program intent, program objectives in term of number of units to be assisted, the funding source, responsible agency and timeframe for implementation. The detailed demographic, socio-economic, housing characteristics, available site resources analysis and inventory, program descriptions, etc. required to be contained in the Housing Element will be presented in the stand-alone document and cross-referenced in the abbreviated Housing Element section. Task 1.3 Based on the discussions with the City Staff and key decision Prepare Introductory makers at the kick-off meeting, the introductory sections of the Working Draft Sections Housing Element will be prepared. These will include: Introduction, Summary of Key Issues, and Housing Vision Statement. Each working draft will be submitted to the City separately for review. Edits will be made to respond to City comments. It is requested that City comments on each section be consolidated into a single set for efficiency in editing. Task 1 Products: Kick-off Meeting Data Base Needs List Preliminary Format for Housing Element Abbreviated Housing Element Outline Working Drafts of First Three Sections (submitted separately) TASK TWO. DATA COLLECTION Task 2.1 The purpose of the task is to get a generalized understanding of Database Development housing needs and issues. Focused analysis and evaluation will take place in the course of developing specific housing components. At the outset of the work effort, The Planning Center will complete a planning reconnaissance and analysis of the following documents: ■ All available planning documents pertaining to the Update, including: the 1995 Housing Element; HCD review letters and City response(s); adopted 1998 General Plan and MEIR; relevant portions of the Urban Counties Consolidated Plan; the Riverside County CHAS; community Specific Plans; Redevelopment Agency Housing Assistance Plans prepared by RSG; available base data pertaining to housing cost, condition and affordability status surveys or inventories; and any other previous plans or pertinent studies. Any updated 1990 Census data on housing, income and employment data, updated information on population and � The Planning Center • Page _ ..' .i J Scope of Fork housing from the Department of Finance (DOF), and the Department of Housing and Urban Development (HUD) income limits for 1998. (1999 if available) ■ Recent housing market data for information on housing costs and affordability levels. ■ Code enforcement data for information on housing conditions. ■ Inventories of at -risk units from the California Housing Partnership. ■ City housing programs including CDBG; Second Trust Deed Home Purchase Loans; Residential Rehabilitation Loans; property acquisition, refurbishment and resale; La Ouinta Rental Program; La Quinta Resale Housing Program; Sewer Connection Subsidies; HOME; in -lieu fees; density bonus; Riverside County Housing Authority programs; second unit activity and/or other state and federal government programs that influence the production of housing in Riverside. City statistics on development permits, units constructed and/or demolished. City data related to permit processing schedules, fees and development incentives. Task 2.2 The assessment of housing needs is predicated on an analysis of Establish Existing existing demographic, housing and employment trends in the City Conditions and Needs and the region. The existing conditions section will be prepared pursuant to Government Code requirements, and will include data and analysis of the following factors: Demographic and Housing Data Census data is the primary source of population and housing data. The housing needs analysis in the 1995 adopted Housing Element has been previously updated to incorporate 1990 Census data. This data will be updated and/or supplemented, where appropriate, with other sources, as available, including annual population and housing statistics prepared by DOF and median income data compiled by HUD. Housing characteristics including stock distribution, age, tenure, vacancy rate, housing costs and sales prices, rental costs and housing conditions will be presented. Housing cost information will be updated through a review of current data sources. Residential real estate transactions recorded by local newspapers will be reviewed. To obtain information on multi -family housing rental rates, a telephone survey of apartment managers will be conducted. The information will be summarized, by unit size, in The Planning Center • Page 3 �7 ,� Scope of Work tabular form. Data from commercial sources may also be purchased, depending on the quality of data provided by the aforementioned sources. Data obtained from local real estate firms available on the Internet is an important resource. Housing Need Upon reviewing and compiling housing costs and income data, a generalized ability to pay analysis will be conducted. This analysis estimates the difference between available renter and owner housing and the amount households at different income levels can afford to pay for housing. The results of this analysis will be an enumeration of existing housing need in the City of La Quinta. Loss of Affordable Housing Preserving the current supply of affordable housing is a critical strategy in light of dwindling federal, state and local resources for new housing development. In 1990, housing element law was amended to require analysis of affordable units eligible to convert to market rate in the ensuing 10 years. Based on the 1995 Housing Element Update, there is not an extensive representation of such units in the City. The Planning Center will conduct an inventory of "at -risk" units for the years 1999-2010 and develop programs and implementation measures for the preservation of such units. The focus of the "at -risk" analysis will be on multi -family rental housing. Task 2.3 Working draft sections of Existing Conditions/Background and Participation in Housing Needs will be prepared. Each working draft will be Determination of RHNA submitted to the City separately for review. Because of the Numbers interrelationships between data and analysis required for the preparation of the working draft sections, these two sections will be considered a milestone product. Edits will be made to respond to City comments. It is requested that City comments on each section be consolidated into a single set for transmission to TPC for efficiency in editing. Task 2 Products: Bibliography Working Drafts of Existing Conditions and Housing Needs Sections TASK THREE. INVENTORY HOUSING RESOURCES AND CONSTRAINTS Task 3.1 The requirement for demonstrating sufficient sites to accommodate Identify Available Sites the future housing needs is a key issue in this Update effort. TPC will inventory land suitable for residential development (e.g., vacant sites, sites having potential for redevelopment as required by State law, as identified in the Cove Redevelopment Plan(s); and zoning, public facilities and services in relation to site availability). The General Plan and MEIR, and any recent modifications to the Zoning Map will serve as a basis for identification of vacant land by underlying Zone or General Plan designation, by acre. The Planning Center • Page 4 ,n .o S� 0/)o 0/- 1-Fork Information in the Housing Element will clearly point out La Quinta's land supply in relation to potential housing production and the practical constraints (e.g., noise, traffic, public services) to future housing development. The implications of the potential annexation activities will be analyzed and discussed in terms of potential time frames and provision of infrastructure. Together with City staff, an assessment of the availability and adequacy of existing infrastructure for existing vacant sites and recycling areas will be made as part of constraints analysis. Task 3.2 State law requires an analysis of potential/actual governmental and Update Housing nongovernmental constraints to housing production. With regard Constraints to governmental constraints, a review will be made of the impact of land use controls on the range and diversity of housing types and costs. This will include development standards concerning density, minimum floor areas and lot sizes, provision for factory built housing, and mixed -use zoning (as appropriate) designations. Recent Zoning Ordinance updates will be evaluated. Through information provided by City staff, we will update the development fee structure, local processing, and permit procedures in tabular format, supported by text. Data on non -governmental constraints will be updated based on information gathered from local realtors, Market Profiles/Residential New Home Trends publication, financial institutions, contractors/builders, and secondary data sources. The focus of analysis will be on housing production costs. Working Drafts will be prepared for Residential Land Resources, and Housing Constraints. Each working draft will be submitted to the City separately for review. The analysis accompanying the. preparation of these two sections is closely tied and topics are interrelated. Therefore, although the two sections will be prepared and submitted separately, the timing of submittal of each working draft to the City will follow one another very closely. One set of edits will be made to respond to City comments. It is requested that City comments on each section be consolidated into a single set for efficiency in editing. Product: Working drafts of available sites and housing constraints section TASK FOUR. GOALS, OBJECTIVES, POLICIES AND PROGRAMS Task 4.1 This task involves a review of the appropriateness of the goals, Performance Evaluation objectives, and policies of the 1995 Housing Element in meeting the housing needs of the community and contributing to State housing goals. The City's progress in implementing programs and policies since 1995 will be evaluated. Progress will be measured The Planning Center • Page 5 ` t Scope of Work based on documentation of housing development activity during the planning periods. In conducting this analysis, it is assumed that the City will provide the necessary information on the number of housing units constructed during these periods, and resources allocated to housing programs since 1995. The evaluation of the previous element will also include a discussion of the reasons for the difference between the City's fair share and quantified objectives for the previous Housing Element, if applicable. The focus of analysis will be the availability of City resources to meet the fair share allocations, and governmental constraints to production of housing. Task 4.2 Based on the performance evaluation, the appropriateness of the Evaluate and Update goals, objectives, and policies of the 1995 Housing Element, as well Existing Housing Element as subsequent policy direction of the Council in meeting the Goals and Policies housing needs of the community will be determined. The strategies, objectives and programs specified in the Redevelopment Affordable Housing Plan specifying use of the 20% Affordable Housing Set -Aside Fund will also be reviewed for potential incorporation into the Housing Element, and to assure consistency between actions of the RDA and the Housing Element. Those goals, objectives, and policies which are relevant and applicable to current conditions and future housing needs will be retained. The updated analysis of housing needs and resources, and evaluation of governmental constraints, will serve as the foundation for identifying areas which may require additional formulation of goals, objectives, and policies. This determination will be reviewed with the City, and staff will be requested to provide direction in development of any additional policies. Joint Planning Commission/ It is recommended that a joint Planning Commission/City Council City Council Public Workshop public workshop be held at this point to discuss relevant issues and concerns that are addressed in the Housing Element Update, to review the process and issues associated with determination of the fair share housing need allocation and to review preliminary policy and program direction to achieve quantified objectives. This meeting will provide both public officials and the public with an opportunity for input and direction on housing policy and programs. Task 4.3 In this task, the housing program implementation plan and Prepare Housing Program quantified objectives will be established for the planning period. Plan and Quantified State mandated programs include the following: provision of Objectives adequate sites for a full range of housing types; affordable housing strategies; removal of governmental constraints where feasible; conservation and improvement of existing housing and promotion of equal housing opportunities. The implementation plan will be built upon, and augment, applicable policy and program direction from the previous plans. The Planning Center • Page 6 f � n U 3 Scope of Work The Quantified Objectives portion of the Element will reflect the maximum number of units that can be constructed, rehabilitated and/or preserved during the planning period, by income group. The review of existing programs in terms of units constructed and household targets will provide a foundation for developing quantified objectives. Formulation of objectives will be conducted with staff input. We recommend a summary matrix which identifies each housing program, its intent and quantified objective, funding source(s), responsible agency, and timeframe for implementation. Working Drafts will be prepared for Goals, Objectives and Policies; Housing Program Plan; and Quantified Objectives. Each working draft will be submitted to the City separately for review. The analysis accompanying the preparation of these three sections is closely tied and topics are interrelated, particularly between the programs and quantified objectives sections. Therefore, although the three sections will be prepared and submitted separately, the timing of submittal of each working draft to the City will follow one another very closely. The Goals, Objectives and Policies and Housing Program Plan sections are consolidated as one milestone product due to the association between programs and quantified objectives. Edits will be made to respond to City comments. It is requested that City comments on each section be consolidated into a single set prior to transmittal to TPC for efficiency in editing. Task 4 Products: Past Housing Element Implementation Summary Matrix Goals, Objectives and Policies to be Retained and Additional Topic Areas to be Addressed Working Draft Goals, Objectives and Policies Section Working Draft Housing Program Plan Section Working Draft Quantified Objectives Section Joint Planning Commission/City Council Workshop City Staff/Consultant Conference Call TASK FIVE. HOUSING ELEMENT DOCUMENTATION Task 5.1 A comprehensive screencheck draft Housing Element (stand alone Screencheck Draft document) will be prepared which consolidates and documents all Housing Element previously reviewed working draft sections. The completed Screencheck Housing Element document will be submitted to the City staff for "administrative proofing". The revisions will be incorporated and a draft will be produced. It is 3 requested that the City provide a single set of consolidated i t comments on the Screencheck for streamlining the revision and The Planning Center • Page 7 n Scope of Work editing process. A Working Session with the City Council is recommended to review the draft nd verbalize any policy or textual changes from the decisionmakers' perspective prior to submittal of the Draft to HCD for review. This Working session may be held following receipt of review responses from HCD if the City prefers. Product: Screencheck Housing Element (5 Copies) City Council Working Session Task 5.2 Following the Working Session and review and analysis by City Draft Housing Element staff, edits will be made and the draft Housing Element will be sent to the State HCD for review and comment. The Planning Center will handle the transmittal communication with HCD. Upon receipt of the HCD review response, The Planning Center will work with the City to meet the concerns of HCD to demonstrate compliance with legislative requirements. Any comments of substantive nature which would require change in policy direction or other action by the City Council will be transmitted to the Council for review and approval. It may be appropriate to hold the City Council Working Session at this point instead of in Task 5.1. A follow-up conference call with HCD, or other appropriate forms of communication, will be made to ascertain satisfaction of their concerns prior to adoption of the Element. Products: Draft Housing Element (20 Copies) Alternate City Council Working Session Correspondence to HCD Task 5.3 Once revisions and modifications are made subsequent to HCD Public Hearing Draft review and comment, a Draft Final Housing Element Update and Housing Element associated environmental and processing documentation will be prepared for the Public Hearing process and adoption by the Planning Commission and City Council. The Planning Center will attend two Planning Commission hearings on the Housing Element Update and associated environmental documentation. It is recommended that any identified edits and/or modifications to the documents resulting from the Planning Commission hearings be documented in the form of an Errata Sheet, specifying the page number, paragraph and line of the revision, as well as the specific language added, deleted or modified. The Planning Center will participate in two City Council hearings related to the approval of the Housing Element and environmental documentation, based on recommendation from the Planning Commission and documentation of proposed revisions in the form of Errata Sheets from the Planning Commission hearings. The Council can then approve, modify or delete any recommended The Planning Center • Page s ; , J Scope of Work changes to the documents highlighted in the Errata Sheets, as well as any new editorial actions. The Errata Sheet will be edited following the first Council hearing to incorporate all recommended actions to be brought to the final Council hearing. Products: Public Hearing Draft Final Stand Alone Document (30 Copies) Attendance at two Planning Commission Hearings Attendance at two City Council Hearing Errata Sheets following each public hearing Task 5.4 Following adoption of the Update of the Housing Element, a Final Final Housing Element document will be submitted to the City that includes all revisions, modifications, additions and deletions documented in the Errata Sheets and approved by Council. Following adoption of the Housing Element, a Final document will be submitted to the City that includes all revisions, modifications, additions and deletions as deemed necessary. The Final Housing Element will be generated in compatible format with the General Plan in WordPerfect 6.1. This Element will then be submitted by the City to HCD for certification of compliance. The Planning Center will draft the transmittal letter, if requested by the City. The Planning Center will prepare an abbreviated version of the comprehensive Housing Element (following HCD review and revision of the comprehensive document to Public Hearing Draft) for insertion into the General Plan. This abbreviated text will accompany the comprehensive Housing Element Update through the public hearing and adoption process. Products: Final Housing Element (50 Copies) Final Abbreviated Housing Element Section (50 Copies) WordPerfect 6.1 diskette of all Housing Element Texts 1 Copy Each KP-5 Housing Element Graphics TASK SIX ENVIRONMENTAL IMPACT ANALYSIS Task 6.1 Concurrently with the preparation of the Update of the Housing Prepare Initial Study/ Element, The Planning Center will prepare an Initial Study/Mitigated Mitigated Negative Negative Declaration which will include an Initial Study containing Declaration the required elements, including: a description of the project; its location; a comprehensive environmental checklist; information concerning the project's environmental effects; suggested means for mitigating the significant effects; and a review of the project's consistency with existing plans and land use controls. The The Planning Center • Page ) .,, n n E. , 0 ,S ('ope of Work Planning Center will use our own format to prepare this study, or the City's if a computerized format is available. The sources of information used in the Initial Study will be cited. All environmental topics will be reviewed in the checklist, with each receiving a "yes," "maybe," or "no." The checklist will be followed with a review of the potential impact, an explanation for the determination and recommended mitigation. Following review and comment by the City, modifications will be made to the Screencheck Initial Study. Assuming there are no impacts which cannot be mitigated to a level of insignificance, a Screencheck Mitigated Negative Declaration will be prepared and transmitted to the City for review. Comments will be incorporated and a Draft prepared. The Draft Negative Declaration will be sent to the State Clearinghouse for distribution for 30 day review. Following the 30 day review, a Response to Comments (if warranted) will be prepared, constituting the Final Mitigated Negative Declaration. This documentation will be brought to the Planning Commission and City Council for adoption. This proposal includes a scope of work and associated fee for preparation of an initial study and Neg.. Dec. If an environmental impact report is required, the City shall be notified at the time of determination and appropriate action taken. Product: Screencheck Initial Study/Negative Declaration (5 copies) Draft Initial Study/Neg.. Dec. for State Clearinghouse (30 copies) Final Initial Study/Negative Declaration or Mitigated Negative Declaration (30 Copies) WordPerfect diskette compatible with City's word processing system TASK SEVEN. The RFP specifies that the consultant shall serve as the primary PROJECT liaison with a City Project Management Team, and in essence serve MANAGEMENT/ as an extension of City staff. It is proposed, in terms of efficiency TEAM MEETINGS and budgetary considerations, that the monthly project meeting specified in the RFP be handled as a conference call, supported by an agenda, discussion materials and status report. In addition to the monthly conference call meetings, up to three working meetings with City staff are proposed, inclusive of the kick-off meeting. tJ The Planning Center • Page 10 v� III ..... ....... . ........ ...... . .. .... v a.. o e' ...... ........ ......._. mi a......... ...... _.. ^�....... ....... .......... h n i p IM -0 n .I ....... ....._.. .......... ... .... .. ............ p Ll n ...... ..... .... ........... N .....'3 ........ ..... ............ ... IIN n I �^ N..... I .......... ..... ............... N H� NI N.............. ....r..Y........ ... �.. ............. .•..... U..... rv11 .... ... ........�. .............. ........ 4 �............ � Ip N .... ............. AQ + a..... ............ ..... .•............ ..... .......... n N.......... Q R Z ni ....... .�....�.... ...... .............. .... ............ .. .. .. .. .. .. .. ' I .............. \ p Niel F7Cd _. ....... ....... .......... ........... .. ............ o.... .• Q Ifn_!.. .... ...�.... .......... ........... .. ........... Iry ^ z COi � y C� O ¢ z w cr O w ° ~ d m W O.° a oc a E U o 0¢ U) v C7 ? y O O m a m W c O z z h w �� ti C, E o 0 o O m O V w N F= v W m WJ = ¢ NLU° '� . ¢I CL o� W `wi cn L ; GGlyl �_ ~ >o a O C S W y c o o U z a U c W; U c -J t o e ? 'h r E ra E Z a ti i+ Q h Q = a ° P ._ a m C m° o° W W ;¢ ' cn m ;¢ yZ g N w c E o ate' x w n o .� �a m c '.2 s 'Z W.� . W a E 41 U a a, O O L O v, f0 °= O w a Q= m 2 O ;' w y% E E m O •yW L o d o U O= O y z .� o 1n 2 u B a, m t0 '� v O ° ? 1°a v, :� -ti d m ''h m x a O a` h H oo wy � N O Y, H �js N O .1 ,� aw a`x N (7 rN �n O a ii N C' C ¢ a r' `:% : Q Z_' D Z_' N > �F. > C7 (7 > '� >>O O 7 V 3 :'�. In N N V) �� b '.� V '7 U d EXHIBIT B 2d 11 d 0 U 2 I. Proposed Budget La Quinta Housincr Element Update EXHIBIT C Task # RATE: Description $135 SDS $65 PS $55 MS $45 WP TOTA L HRS TOTAL COST TASKISEtTINGTNE OU Project Orientation (Meeting) 6 0 0 0 6 $810 1:1 1.2 Determine Format 0 0 2 0 2 $110 1.3 Prepare Working Draft Sections 0 0 8 0 8 $440 Task 1 - Subtotal 6 0 10 0 16 $1,360 iASK� ,NEEff§J, S S 0 16 u 0 18 $1,150 2.1 Database Development 2 2.2 Establish Existing Conditions 2 0 40 4 46 1 $2,650 2.3 Working Draft Sections/Edits 4 0 12 0 16 $1,200 Task 2 - Subtotal 8 0 68 4 80 $5,000 3.1 Identify Available Sites 2 0 24 0 26 $1,590 3.2 Identify Housing Constraints 2 0 24 0 1 26 $1,590 3.3 Working Draft Section/Edits 2 0 8 4 14 $890 Task 3 - Subtotal 6 0 56 4 66 $4,070 S511f_�:`PRtGI1NI 0 8 0 8 $440 4.1 Performance Evaluation 0 4.2 Evaluate & Update Goals, Objectives & Policies 4 0 20 0 1 24 $1,640 4.3 Housing Prgm. Plan & Quantified Objectives 4 0 24 4 32 $2,040 4.5 Working Draft Sections/Edits 0 0 8 0 8 $440 Task 4 - Subtotal 8 0 60 4 72 $4,560 5.1 Screencheck Housing Element 6 0 36 4 46 $2,970 5.2 Draft Housing Element 6 0 12 4 22 $1,650 5.3 Public Hearing Element 0 0 24 4 28 $1,500 5.4 Final Housing Element 0 0 10 4 14 $730 Task 5 - Subtotall 12 0 82 16 110 $6,850 6.1 are Initial Study/Mitigated Neg. Dec. 0 36 0 3 39 $2,475 Task 6 - Subtotal 0 36 0 3 39 $2,475 12 $1,140 Joint PC/City Council Workshop (1) 6 0_ 6 0 City Council Working Session (1) 6 0 6 0 12 $1,140 Public Hearings (Up to 4) 24 0 24 0 48 $4,560 Conference Calls/Management 28 0 28 0 56 $5,320 MEETINGS -Subtotal 64 0 64 0 128 $12,160 GRAND TOTAL HOURS 104 36 340 31 511 BILLING RATES $135 $65 $55 $45 N/A GRAND TOTAL COST $14,040 $2,340 $18,700 $1,395 N/A $36,475 **_See following table for specific reimb_ur_sab_le_costs_. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ SDS = Susan DeSantis, Project Director PS = Paul Spence, Environmental Manager WP =Word Processing Technical Support MS = Melani Smith, Element Preparation The Planning Center Page 1' `� 1. Proposed Budget REIMBURSABLES AND DIRECT EXPENSES Travel/Meals $820 3 City Staff Meetings 1 PCICity Council Workshop 1 City Council Working Session 4 Public Hearings Mailing/Overnight Delivery $200 In -House Graphics/Materials/Xerox $50 Screencheck Draft Printing 5 copies) $50 Draft Housing Element Printing, Collating, Binding (20 Copies) $170 Public Hearing Draft Housing Element Printing, Collating, Binding (30 Copies) $260 Final Housing Element 50 Copies) $450 Final Abbreviated Housing Section 50 Copies) $100 Screencheck Initial Study, Negative Declaration (5 Copies) $45 Initial Study/Negative Declaration (30 Copies) $135 Response to Comments/Final Negative Declaration 30 Copies)* $135 TOTAL $2,415 *It is not anticipated that there will be a need for more than 30 copies of the Final Neaative Declaration. Additional copies may be prepared from a camera-ready original provided to the City. OPTIONS TO SCOPE/BUDGET The following tasks are optional and may constitute either an addition, deletion or modification to the Scope of Work, resultinq in an addition or reduction of costs to the Citv. Augment Task /Delete Costs Additional meetings with City Staff (each meeting) + 6 hrs.@$135 _ $810 Additional Council or PC meetings/hearings (each hearing) + 6 hrs.@$135 _ $810 See costs in Printing of documents from original camera -ready —no consultant reproduction - reimbursable & direct expense Printing of Additional Housing Element documents + $8.50 each Printinq of Additional Abbreviated Elements, NOP and Negative Declarations + $4.50 each Page 2 l City of Chino Hills Housing Element Update 2000 i_,v 0 2. Fee Schedule Standard Fee Schedule THE PLANNING CENTER as of January 1, 1999 Staff Level Hourly Rate Principal $135 - $150 Computer Specialist $100 Senior Project Manager $85 - $135 Project Manager $65 - $125 Senior Planner $70 - $95 Assistant Planner $50 - $75 Technical Writer $50 - $75 Graphic Artist $45 - $75 Research Analyst $45 - $65 Technical Support Staff $45 - $55 Clerical Support $35 - $50 Note: The Planning Center's fees are adjusted annually. The Planning Center Page 3� j_ COUNCIL/RDA MEETING DATE: August 3,1999 ITEM TITLE: Approval of the RFP Process for Professional Services to Provide Materials Testing and Construction Survey for CIP 99-05, Phase I Jefferson Street Improvements from Avenue 54 to Highway 111 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize the waiver of the formal selection procedure; and Approve a selected short list of qualified firms; and Approve two Requests For Proposals (RFP), one for professional survey services and one for professional materials testing services; and Authorize staff to receive proposals and negotiate with the most qualified firm in each discipline to provide professional survey services and professional materials testing services. FISCAL IMPLICATIONS: Based on a construction award amount of $6,866,566.00, the following represents the project budget: Construction: Inspection/Testing: Administration: Contingency: TOTAL: $6,866,566.00 $532,158.87 $3431328.30 $774,205.32 $8,516,258.49 The Engineer's estimate of probable construction cost for this project is $8,731,709. The amount budgeted for Inspection/Testing ($6,866,566 x 7.75% = $532,158.87) will be utilized for material testing and surveying under the existing Reimbursement Agreement and Memorandum of Understanding, 75% will be reimbursed by CVAG and approximately 8% will be the City of Indio's responsibility and the remaining 17% funded by the City of La Quinta. In accordance with the proposed "Amendment T:\PWDEPT\C0UNC1L\1 999\990803b.wpd Number Two to the City of La Quinta - City of Indio - County of Riverside - CVAG Reimbursement Agreement and Memorandum of Understanding," the following represents the estimated funding contributions by each agency: Agency Preliminary CVAG (75%) Design Final $450,000 Design/ Construction $1 1,296,245 Total $1 1,746,245 City of La Quinta $90,000 $2,472,145 $2,562,145 City of Indio $57,000 $1,293,270 $1,350,270 County of Riverside $3,000 $0 $3,000 TOTAL: $ 600,000 $15,061,660 $15,661,660 The following revenue is available in the City's Fiscal Year 1999-2000 Operating Budget to cover the City of La Quinta's funding share: Infrastructure $2,882,008 SLTPP $1,299,992 TOTAL: $4,182,000 The Cities of La Quinta and Indio have obtained State Local Transportation Partnership Program (SLTPP) Cycle 9 funding for these improvements. The City of La Quinta's maximum share of SLTPP funding is $1,299,992.57 for Jefferson Street between Avenue 48 and Avenue 54. The City of Indio's maximum share of SLTPP funding is $298,620.00 for the bridge improvements south of Highway 1 1 1 . CHARTER CITY IMPLICATIONS: None. On March 18, 1997, the City Council approved the original Reimbursement Agreement and Memorandum of Understanding (MOU) between CVAG, La Quinta, Indio, and the County of Riverside for Jefferson Street Ultimate Improvements from Indio Boulevard to Avenue 54. The MOU identifies the City of La Quinta as the lead agency and the City of Indio and County of Riverside as the cooperating agencies. On April 29, 1997, the CVAG Executive Committee approved the original Reimbursement Agreement and MOU between the City of La Quinta, City of Indio, County of Riverside, and CVAG. 3_ J • 1 00 T APW DEPT\COUNCIL\ 1 999\990803b. wpd On March 16, 1999, the City Council approved Amendment No. 1 to the CVAG MOU. Amendment No. 1 provides a 75% (CVAG) and 25% (Local) split between CVAG and the affected jurisdictions for the funding of this project. This amendment was approved by the CVAG Executive Committee on February 22, 1999. The proposed Jefferson Street Improvements will be constructed in two phases. Phase I improvements begin at Highway 111 and end at Avenue 54. Phase II improvements begin at Indio Boulevard and end at Highway 111. This project has been on an accelerated pace in order to capture nearly $1.6 million of additional SLTPP funding. On April 28, 1999, the City of La Quinta formally requested that CVAG issue Amendment No. 2 to the CVAG MOU. Amendment No. 2 addresses reimbursement for final engineering ($665,178) and City administration costs ($33,259), totaling $698,437. The amendment also includes reimbursement for estimated construction costs for Phase 1 Jefferson Street Improvements from Avenue 54 to Highway 1 1 1 . On May 14, 1999, the CVAG Technical Advisory Committee (TAC) approved Amendment No. 2 to the CVAG MOU, and Amendment No. 1 to the consultant contract for final design. On May 18, 1999, the City Council took the following actions in relation to this project: Adopted a Resolution certifying a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 99-378; 2. Approved Amendment No. 2 in concept and authorized the City Manager to execute the amendment to the CVAG Reimbursement Agreement and Memorandum of Understanding (MOU) for project final design and construction of Jefferson Street from Avenue 54 to Highway 1 1 1 when it became available from CVAG to the City of La Quinta, City of Indio, and County of Riverside; 3. Approved Amendment No. 1 amending the Robert Bein, William Frost and Associates (RBF) contract in the amount of $665,178 to prepare Plans, Specifications and Engineer's Estimate (PS&E) for Project 99-05, Jefferson Street Improvements, Avenue 54 to Highway 1 1 1; and 4. Approved the PS&E and authorized staff to advertise and receive bids for Project 99-05, Jefferson Street Improvements, Avenue 54 to Highway 11 1. The PS&E approval stipulated that the potential roundabout proposed for the intersection of Jefferson Street at Avenue 52 be bid as an additive alternate and that a traditional signalized intersection be designed and included within the base bid project. 0013" TAPW DEPT\COUNCIL\1999\990803b.wpd On June 7, 1999, the CVAG Executive Committee approved Amendment No. 2 to the Reimbursement Agreement and MOU for project final design and construction of Jefferson Street from Avenue 54 to Highway 1 1 1 between the City of La Quinta, City of Indio, County of Riverside, and CVAG. On June 11, 1999, sealed bids were opened for construction of this project. Granite Construction Company was the apparent low bidder, with a bid amount of $6,866,566. On June 29, 1999, the City Council awarded a contract in the amount of $6,866,566 to Granite Construction Company for construction of the Jefferson Street Improvements from Avenue 54 to Highway 1 1 1, Project 99-05. Materials testing and construction survey are not typically included in construction contracts (the exception is "design -build" type of contract). In order to maintain quality assurance (QA) and quality control (QC) it is important that survey and material testing firms have no ties or interest to the construction contractor. Without this type of organizational structure the possibility for "conflict of interest" and collusion exists. Staff is requesting that the City Council waive the formal selection procedure as outlined in Resolution No. 96-80, Section 6, Al, since all survey firms and material testing firms are considered to be equally qualified. A short list of four (4) qualified firms has been selected to participate in the RFP process to provide construction surveying services. The consultants selected are: Robert Bein, William Frost & Associates (RBF) Tri-State Land Surveyors & Civil Engineers Coachella Valley Engineers Ruth Rynolds Wright Survey The Request For Proposals (RFP) outlines the services required by the consultant to provide construction surveying. Attachment 1 is the proposed RFP for this project. Upon receipt of proposals and review of costs, staff will be prepared to make a recommendation to award a professional services agreement to the selected firm in each area at the September 21, 1999, City Council meeting. This will not impede the start of the project which is scheduled to begin in January 2000. J 7 TAPW DEPT\COUNCIL\ 1999\990803b. wpd A short list of five (5) qualified firms has been selected to participate in the RFP process to provide construction materials testing services. The consultants selected are: Earth System Consultants Southland Geotechnical LOR Geotechnical Group, Inc. Converse Consultants Inland Empire PSI Environmental, Geotechnical Construction The Request For Proposals (RFP) outlines the services required by the consultant to provide construction materials testing. Attachment 2 is the proposal for this project. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Authorize the waiver of the formal selection procedure; approve selected short list of qualified firms; approve the two Requests For Proposals (RFP), one for professional survey services and one for professional materials testing services; and authorize staff to receive proposals and negotiate with the most qualified firm in each discipline to provide professional survey services and professional materials testing services; or 2. Do not waive the formal selection procedure and direct staff to proceed with the formal selection procedure; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for Submission by: Thomas P. Genovese City Manager Attachments: 1 . Request For Proposals (Survey Services) 2. Request For Proposals (Materials Testing) TAPW DEPT\COUNCIL\1 999\990803b. wpd ATTACHMENT 1 City of La Quinta Request for Proposals to Provide Professional Construction Surveying Services for Phase I Jefferson Street Improvements Avenue 54 to Highway 111, CIP 99-05 The City of La Quinta seeks proposals from Professional Land Surveying firms to provide Construction Surveying Services. Services Requested Services and products to be rendered in performing all work associated with the project may include, but are not limited to, the Engineering Consultant shall be required to provide one set of construction stakes for each of the following items as detailed: Survey Control - Will be sufficiently marked and will be preserved and protected. 2. Clearing / Removals - One set of reference stakes or marks at 200 foot intervals on tangent line and 100 foot on curves will be set along the limits of the construction area or Right -of -Way for clearing purposes. All saw cut lines / areas will be delineated / marked for removals. Rough Grade - (A) One set of offset / slope stakes at 50' intervals and at all horizontal and vertical curves for those areas requiring site grading and slope construction marked with cut or fill to proposed elevations. (B) One set of center line stakes at 50 foot intervals. 4. Final Curb and Gutter - (A) One set of offset stakes at 25 foot intervals on tangent line as required in curves and vertical curves, grade breaks, angle points, edge of pavement, cross gutters and concrete pads improvements with cut/fills to top of curb or finish grade and points of control. Storm Drain- Provide one set of offset stakes at 25 foot intervals and all angle points for main line storm drain, with appropriate stakes for catch basins and inlets, junction structures and manholes. 6. Water Main- One set of offset stakes at 50 foot intervals for alignment, at angle points, `T's, air valves, blow offs, tie-in, etc. which are dimensioned or stationed on the plans. 7. Sewer- One set of offset stakes at 25 foot intervals for main line, and at each `Y' station, manholes, angle points, and points of grade changes with cuts to flow line. 8. Irrigation Line Replacement - One set of stakes at 50 foot intervals for the construction of the proposed irrigation line with grades to flow line. 9. Retaining and Screen Walls - One set of offset, line and grade stakes for walls construction at 25 foot intervals. T\PWDEPT\PROJECTS\99PrjctS\99-05Jeff9t(54-Ind Blvd)\Phse I Con St\RFPCnStSrvy.wpd PAGE 1 of 4 00"1 10. Traffic Signals - One set of offset stakes for traffic signal pole locations. 11. Bridge Construction: (A) One set of line and grade stakes for channel slope lining, approximately 500' in length, at 25 foot intervals. One set each for top of lining and toe of lining. (B) Structural Excavation: One set of line and grade stakes to top of abutments. (C) One set of stakes for each column line. (D) One set of stakes for alignment of abutment foundation centerline with grade to seat of abutment at both ends of each abutment. (E) Layout edge of deck on soffit, set grades at 1 /4 points of each span and provide (2) two checks of soffit grades. 12. Monument Ties and Replacement - Ties to any existing survey monuments of record which may be lost to new construction shall be preformed for preservation and replaced pursuant to California State Law. 13. Corner Record Preparation - Prepare and file with the Riverside County Surveyor's Office the necessary documentation required in association with preserving and replacing any destroyed survey monuments. 14. Project Administration - The Engineer of Work shall be available during the length of the project to address any questions or concerns which may arise. Three (3) set of Grade Sheets shall be prepared and submitted to the City of La Quinta within 48 hours of the receipt of the `Staking Request" for the said work. 15. Office Calculations and Supervision - Calculations as necessary to provide the field survey crews with data as needed for staking and supervision as required. Plan and specifications are available for purchase at a cost of $55.00 or for review at the City's Public Works / Engineering Department. 1. Proposal Format Proposals (work proposal and cost proposal) are to be submitted in separate envelopes provided by the City, clearly marked with the consultants name, address and phone number. Only one proposal per consultant will be considered. Proposal packages are to be submitted to the City on/or before Friday, September 10, 1999, at 4:00 p.m. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: John M. Freeland, Senior Engineer City of La Quinta Public Works Department 78-495 Calle Tampico La Quinta, CA 92253 Consultants are encouraged to keep their proposals brief and relevant to the specific work required. T:\PWDEP'IPROJECTS\99Prjcts\99-05JeftSt(54-IndBlvd)\Phse I Const\RFPCnstSrvy.wpd PAGE 2 of 4 0 0 8 Proposals shall include the following items: 1. Work Proposal (envelope 1) - submit 6 copies A. Cover Letter (1) The name, address and phone number of the consultant's contact person for the remainder of the selection process. (2) Any qualifying statements or comments regarding the consultant's proposal, the information provided in the RFP or the proposed contract. (3) Identification of sub -consultants (if any) and their responsibilities. B. Statement of Qualifications (1) A listing of proposed project personnel, including personal experiences and resumes for prime and subconsultants. (2) Consultant's and subconsultant experience with similar work, including names and current phone numbers of reference for listed projects. C. Project Understanding and Approach A description of your project understanding and how you will approach the project. D. Scope of Work Program A description of the tasks, sub -tasks, and deliverables that will be provide. 2. Cost Proposal (envelope 2) The consultant is to submit a detailed cost proposal for all services and materials anticipated in completing the project. Man-hours and extended billing rates per classification of personnel will be indicated for each task and/or sub -task defined. Selection Process Work Programs and Cost Proposals will be reviewed by Public Works Staff, and will be ranked for contract negotiations based upon the materials submitted within the Work Proposal and Cost Proposal. Cost proposals will be opened only after the ranking process is complete. Project Plans and Specifications are available for purchase at a cost of $55.00/set, or may be reviewed at the City's Public Works offices. The City will open contract negotiations with the top ranked firm. The successful consultant will be expected to enter into the attached Professional Services Agreement. T\PWDEP-rPROJECTS\99Prjcts\99-05JefiSt(54-IndBlvd)\Phse I Const\RFPCnstSrvy.wpd PAGE 3 of 4 009 Ili9 CITY OF LA QUINTA COST PROPOSAL SHEET REQUEST FOR PROPOSALS TO PROVIDE PROFESSIONAL CONSTRUCTION SURVEYING SERVICES FOR PHASE I JEFFERSON STREET IMPROVEMENTS AVENUE 54 TO HIGHWAY 111, CIP 99-05 The following is a summary of costs to provide the services outlined in the Request for Proposals for Professional Construction Surveying Services for Phase I Jefferson Street Improvements Avenue 54 to Highway I It, CIP 99-05 and will be used as the basis for negotiating a Professional Services Agreement: TASK DESCRIPTION COST 1 SURVEY CONTROL STAKING 2 CLEARING AND REMOVALS 3 ROUGH GRADE 4 FINAL CURB AND GUTTER 5 STORM DRAIN 6 WATER MAIN 7 SEWER S IRRIGATION LINE REPLACEMENT 9 RETAINING AND SCREEN WALLS 10 TRAFFIC SIGNALS 11 BRIDGE CONSTRUCTION 12 MONUMENT TIES AND REPLACEMENT 13 CORNER RECORD PREPARATION 14 PROJECT ADMINISTRATION 15 OFFICE CALCULATIONS I[- TOTAL Prime Consultant Date Signed T \PWDEPT\PROJECTS\99Prjcte\9.9-05Jeff5t(54-Ind Blvd)\PhSe I Con9t\PFPCnot5rvy wpd PAGE 4 of 4 } i" ATTACHMENT 2 City of La Quinta Request for Proposals to Provide Professional Materials Testing for Phase I Jefferson Street Improvements Avenue 54 to Highway 111, CIP 99-05 The City of La Quinta seeks proposals from Professional Materials Testing/Geotechnical Laboratory firms to provide, equipment, services and products to be rendered in performing all designated work associated with the project which may include, but are not limited to performing the following intermittent observation and testing services for this project: Provide a qualified technician as necessary to conduct density tests on roadway sub - grade, aggregate base, asphaltic concrete, slope fill and trench backfill placement as required. There tests will be performed with a nuclear densometer in accordance with ASTM D2922 or sand cone in accordance with ASTM D1556. Maximum density curves (ASTM D1557) will be performed on various material types as they are encountered. Marshall density tests will be performed on the asphaltic concrete placed. Provide an ACI-certified technician as necessary to make sets of concrete cylinders as needed and perform slump tests for the curb, gutter, bridge deck, bridge abutments, bridge piles and other minor concrete. Perform compression strength tests on concrete cylinders in accordance with ASTM C39. Perform extraction/gradation tests in accordance with ASTM D2172/C136 on the asphaltic concrete placed. Any Non -Compliance results of materials shall be reported to the City's Public Works Engineering Capital Improvements Department within twenty four (24) hours from the time of sampling. 1. Proposal Format Proposals (work proposal and cost proposal) are to be submitted in separate envelopes provided by the City, clearly marked with the consultants name, address and phone number. Only one proposal per consultant will be considered. Project plans and specifications are available for review in the Public Works Department of the City of La Quinta located at La Quinta Civic Center (78-495 Calle Tampico, La Quinta, CA. 92253), or may be purchased for $55.00 at the same location Proposal packages are to be submitted to the City on/or before Friday September 10, 1999 at 4:00 P.M. Proposals received after the stated deadline shall not be accepted. Proposal .y T:\PWDEMPROJECTS\RFPs\RFP_bink.wpd PAGE 1 of 4 f ��. packages are to be delivered to: John M. Freeland, Senior Engineer City of La Quinta Public Works Department 78-495 Calle Tampico La Quinta, CA 92253 Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items: 1. Work Proposal (envelope 1) - submit 3 copies A. Cover Letter (1) The name, address and phone number of the consultant's contact person for the remainder of the selection process. (2) Any qualifying statements or comments regarding the consultant's proposal, the information provided in the RFP or the proposed contract. (3) Identification of sub -consultants and their responsibilities. B. Statement of Qualifications (1) A listing of proposed project personnel, including personal experiences and resumes for prime and subconsultants. (2) Consultant's and subconsultant experience with similar work, including names and current phone numbers of reference for listed projects. C. Project Understanding and Approach A description of your project understanding and how you will approach the project. D. Scope of Work Program 2. Cost Proposal (envelope 2) The consultant is to submit a detailed cost proposal for all services and materials anticipated in completing the project. Man-hours and extended billing rates per classification of personnel will be indicated for each task and/or sub -task defined. Selection Process Work Programs and Cost Proposals will be reviewed by Public Works Staff. Staff will rank the consultants for contract negotiations based upon the materials submitted within the Work Proposal and Cost Proposal. The City will open contract negotiations with the top ranked firm. The successful consultant will be expected to enter into the attached Professional Services Agreement. T:\PWDEPTPROIECTS\RFPs\RFP_Wawpd PAGE 2 of 4 0114-1. CITY OF LA QUINTA COST PROPOSAL SHEET REQUEST FOR PROPOSALS TO PROVIDE PROFESSIONAL MATERIALS TESTING FOR PHASE I JEFFERSON STREET IMPROVEMENTS AVENUE 54 TO HIGHWAY 111, CIP 99-05 Pursuant to the Request for Proposals, the undersigned hereby proposes and agrees that on award by the City under this Bid, and in accordance with the provisions therein stated, to execute a Contract, to provide and to furnish any certificates of insurance and all labor, materials, transportation and services for Material Testing Services for Project No. 99-05, Jefferson Street Improvements, in accordance with the Plans and Specifications therefore adopted and on file with the City within the time hereinafter set forth and at the prices named in this Bid . Unit prices in each and every case shall represent a true unit price used in preparing the bid schedule totals (Bid Form). Unit prices listed herein shall include labor, materials, equipment, transportation and appurtenant work as is necessary to have the item complete and in place meeting the full intent of the plans, specifications and the applicable ASTM Testing Method. Hourly rates shall be based on time of arrival and departure from job site. The purpose of the unit pricing is for bid evaluation and changes in the work during construction. The following is a summary of costs to provide the services outlined in the Request for Proposals for Professional Materials Testing and will be used as the basis for negotiating a Professional Services Agreement: Bid Breakdown UNDERGROUND UTILITIES 1 Sewer Main/Lateral HRs 24 $ $ 2 Storm Drain HRs 16 $ $ 3 Irrigation Line HRs 24 $ $ 4 Water Line HRs 16 $ $ STREET IMPROVEMENTS 5 Curb & Gutter Compaction Test HRs 60 $ $ 6 Spandrels Subgrade Compaction HRs 40 $ $ 7 1 Spandrels Base Compaction HRs 40 1 $ $ 8 Roadway Subgrade Compaction HRS 80 $ $ 9 Roadway Base Compaction HRs 80 $ $ n13 T:\PWDEMPROJECTS\RFPs\RFP_bink.wpd PAGE 3 of 4 , 10 Roadway Asphalt Sampling/ Compaction HRs 100 $ $ CONCRETE FIELD CASTING 11 Curbs, Spandrels, Misc. Concrete HRs 40 $ $ 12 Bridge Abutment HRs 40 $ $ 13 Bridge Foundations HRs 60 $ $ LABORATORY TESTING 14 Moisture Density Relationship (Soil) EA 4 $ $ 15 Moisture Density Relationship (Base) EA 2 $ $ 16 Gradations (Base) EA 50 $ $ 17 Concrete Compression Tests EA 140 $ $ 18 Asphalt Extraction/Gradations EA 50 $ $ 19 Asphalt Marshall or Hveem Density EA 2 $ $ PILE DRIVING 20 Inspection/ Observation HRs 80 $ $ ADMINISTRATION & REPORTS 21 Staff Engineer/ Manager HRs 24 $ $ lerical support HRs 80 $ $ Total Amount of Bid Items 1 - 22 ff Attached herein is a detailed man-hour and fee breakdown for the tasks and sub -tasks defined in our proposal, including all subconsultant activities. Prime Consultant Date Signed T\PWDFPT\PROJECT5\RFPS\RFP_bink.wpJ PAGE 4 of 4 01 14 5 5 gAro ~ v � AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: August 3, 1999 CONSENT CALENDAR: ITEM TITLE: Approval of Plans, Specifications, and STUDY SESSION: Engineer's Estimate and Authorize Staff to Advertise CIP Project 98-1 1 , Calle Rondo Channel Storm Drain PUBLIC HEARING: RECOMMENDATION: Appropriate an additional $56,000.00 from Redevelopment Agency Project Area Number 1; and Approve the plans, specifications, and Engineer's estimate and authorize staff to advertise for bids for the CIP Project No. 98-1 1, Calle Rondo Channel Storm Drain. •U The following funding sources are available for this project: Funding Source Account Number . Amount Developer Contribution 401-000-480-000 $135,000.00 RDA PA # 1 401-000-493-000 $130,000.00 TOTAL: $ 265,000.00 Less Prior Expenditure: $9,966.16 Remaining Funds Available: $255,033.84 Based upon the Engineer's estimated costs in the amount of $221 ,005.00, the following represents the proposed project construction budget: Engineer's Estimated Construction Costs: Outstanding Engineering Fees Inspection/Testing: Administration: Subtotal: Contingency: Total Anticipated Costs: $221,005.00 $14,047.00 $17,127.89 $1 1,050.25 $263,230.14 $26.323.01 $289,553.15 TAPW DEPT\COUNCIL\1999\990803e.wpd The total anticipated costs include both channel improvements in the amount of $185,841 .00 and landscaping in the amount of $103,712.15. The funding sources are restricted in such a manner that the anticipated developer contributions cannot pay for channel improvements and vice -versa. Therefore, a shortfall in the amount of $55,841 .00 exists between the amount budgeted for channel improvements and the anticipated costs. Additional funding is available within Redevelopment Agency Project Area No. 1 to cover this shortfall. CHARTER CITY IMPLICATIONS: Since RDA Funding is being utilized for this project, the City must bid the project with prevailing wage requirements. Therefore, there is no Charter City implications. G �MOXGXVJA Capital Improvement Project (CIP) 98-1 1 involves the installation of storm drainage and landscaping improvements within the Calle Rondo drainage channel. The City Council initiated this project after hearing public concern at its November 18, 1997 and January 6, 1998 meetings regarding the disposition of the drainage channel. In order to address the public's concern, the Council appropriated $265,000 to the Capital Improvement program, and City staff began preparation of the storm drainage improvement plans. Due to the coordination required with the storm drainage and landscaping improvements, landscaping of the Calle Rondo perimeter is included as part of this capital project. The developer's contribution for landscaping has not been received as of the writing of this report. The developer is responsible for landscaping the perimeter of the Calle Rondo drainage channel as part of the perimeter landscape set back area adjacent to the Citrus Course. Staff is proposing to bid the project with an additive alternative for the landscaping portion of the project. Subsequently, the developer will decide whether to contribute funding to the City drainage improvement project or construct the landscaping after the drainage portion of the project is in place. However, the landscape plans attached to this report shall be constructed regardless of when the developer decides to participate. The drainage portion of the plans, specifications and estimates were prepared in-house by Public Works staff. The Council awarded a professional services agreement to Ray Lopez Associates to prepare plans, specifications, and estimates for the associated landscaping improvements at its September 15, 1998 meeting. The consultant has coordinated with city staff in the preparation of the conceptual landscaping plans, which are presented to the City Council for approval as Attachment 1 . The proposed landscaping improvements are consistent with other Citrus perimeter parkway landscaping along Avenue 52 and Jefferson Street. Approved plant material, including Turf, Bougainvillea, and Bottle Trees are proposed, as indicated in the conceptual landscape plans. The simplified landscaping concept is proposed in order to provide for easy maintenance within the drainage channel. ......1 R T:\PWDEPT\COUNCIL\1999\990803e.wpd 0 O 1-1- The conceptual landscape plans were reviewed and approved by the City's Architecture and Landscaping Review Committee on April 7, 1999, and the Planning Commission on April 27, 1999. Additionally, the landscape plans were submitted for the review and approval of the Citrus Course HOA. This was done because the HOA has conceptually agreed to participate in the costs of landscape maintenance, since the landscape and drainage improvements encroach on property owned by the HOA. The Citrus Course HOA have reviewed and approved the conceptual landscape plans. Staff is currently working with the HOA to secure an easement and maintenance agreement. The HOA/City of La Quinta easement and maintenance agreement will be brought before the City Council at the time of project award. Considering City Council approval of the PS&E and authorization to receive bids on August 3, 1999, the following project schedule is anticipated: Bid Period (24 days): August 4, 1999 to August 27, 1999 Contract Award: September 7, 1999 Sign Contract/Mobilize September 20, 1999 Construction Period (60 days): September 20, 1999 - November 20, 1999 Project Acceptance/Close out: December 1999 The alternatives available to the City Council include: 1 . Appropriate an additional $56,000.00 from Redevelopment Agency Project Area Number 1 and approve the plans, specifications, and Engineer's estimate and authorize staff to advertise for bids for the CIP Project No. 98-1 1, Calle Rondo Channel Storm Drain; or 2. Do not appropriate an additional $56,000.00 from Redevelopment Agency Project Area Number 1 and do not approve the plans, specifications, and engineer's estimate and authorize staff to advertise for bids the CIP Project No. 98-1 1 , Calle Rondo Channel Storm Drain; or 3. Provide staff with alternative direction. Respectfully submitted, j Chris A. volt Public Works Director/City Engineer 003 TAPW DEPT\COUNCIL\ 1999\990803e. wpd Approved for Submission by: Thomas P. Genovese City Manager Attachments: 1. Landscape Plans T:\PW DEPT\COUNCIL\1999\99O8O3e.wpd 004 I Hill 1, DRAINAGE CHANNEL IMPF LANDSCAPE PLAN STA. 12+7&96 TO STA. 16-i-oo.ou a JTtAL;M 1V1jqM 41 z tiff z Z z A 1 f16 T44 4 etPQ" COUNCIL/RDA MEETING DATE: August 3, 1999 ITEM TITLE: Approval of the RFP Process to Provide Professional Services, Construction Management for CIP No. 99-05, Phase I Jefferson Street Improvements, Avenue 54 to Highway 1 1 1 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 2 STUDY SESSION: PUBLIC HEARING: Approve the Request for Proposals for Construction. Management Services for CIP No. 99-05, Phase I Jefferson Street Improvements, Avenue 54 to Highway 1 1 1; and Approve the Consultant Selection Committee; and Authorize staff to receive proposals from qualified firms, and negotiate terms of a Professional Services Agreement with the most qualified firm as determined by the Consultant Selection Committee, to be presented to the City Council for consideration at a future date. FISCAL IMPLICATIONS: Based on a construction award amount of $6,866,566.00, the following represents the project budget: Construction: $ 6,866, 566.00 Inspection/Testing: $532,158.87 Administration: $343,328.30 Contingency: $774,205.32 TOTAL: $8,516,258.48 The Engineer's estimated cost for this project is $8,731,709. In accordance with the proposed "Amendment Number Two to the City of La Quinta - City of Indio - County of Riverside - CVAG Reimbursement Agreement and Memorandum of Understanding" (Attachment 1), the following represents the estimated funding contributions by each Agency: T:\PW DEPT\C0U NCIL\ 1999\990803h. wpd Agency CVAG (75%) City of La Quinta City of Indio County of Riverside TOTAL: Preliminary Design $450,000 $90,000 $57,000 $3,000 $600,000 Final Design/ Construction $1 1,296,245 $2,472,145 $1,293,270 $0 $15,061,660 Total $1 1,746,245 $2,562,145 $1,350,270 $3,000 $15,661,660 The following revenue is available in the Fiscal Year 1999-2000 Operating Budget to cover the City of La Quinta's funding share: Infrastructure $2,882,008 SLTPP $1,299,992 TOTAL: $4,182,000 The Cities of La Quinta and Indio have obtained State Local Transportation Partnership Program (SLTPP) Cycle 9 funding for these improvements. The City of La Quinta's maximum share of SLTPP funding is $1,299,992.57 for Jefferson Street between Avenue 48 and Avenue 54. The City of Indio's maximum share of SLTPP funding is $298,620.00 for the bridge improvements south of Highway 1 1 1 . •► None. - 1NORGIZAAWKWU The proposed Jefferson Street Improvements will be constructed in two phases. Phase I improvements begin at Highway 111 and end at Avenue 54. Phase II improvements begin at Indio Boulevard and end at Highway 111 . This project has been on an accelerated pace in order to capture nearly $1 .6 million of additional SLTPP funding. On May 18, 1999, the City Council approved the PS&E and authorized staff to advertise and receive bids for Project 99-05, Jefferson Street Improvements, Avenue 54 to Highway 1 1 1 . T:\PWDEPT\C0UNC1L\1 999\990803h.wpd On June 29, 1999, the City Council awarded the construction contract for the Jefferson Street Improvements - Phase I to Granite Construction. Construction management services are required in order to assure conformance with the plans and specifications and quality of workmanship. An abbreviated summary of professional construction management services to be provided by the selected consultant are: • Review contract documents, plans, permit requirements. • Schedule and attend a field walk with the Inspector, Design Engineer and City representatives. • Schedule and chair a kick off meeting with the City to discuss the proposed work plan and special concerns presented at the preconstruction meeting. • Schedule and chair a kick off meeting with the utilities. • Provide a preconstruction agenda to the City for approval, and schedule a preconstruction meeting and notify attendees. • Provide the necessary coordination and reports to the City of Indio and CVAG. • Maintain at the project site, on a current basis; the following: Recorded copies of all contracts, drawings, specifications, addenda, change orders and other modifications in good order and marked to record all changes made during construction; shop drawings; product data; samples submittal; purchases; materials; equipment; applicable handbooks; maintenance and operating manuals and instructions; and other related documents and revisions which are relevant to the contract work. • Provide regular status reports to the City of La Quinta as required. • Review laboratory, shop and mill test reports of materials and equipment, and coordinate as required with Design Engineers. • Prepare and send a Weekly Statement of Working Days to the Contractor. • Monitor Contractor's certified payroll. • Coordinate closely with the Caltrans Inspector. • Monitor permit requirements from the Imperial Irrigation District. • Monitor permit requirements from the Coachella Valley Water Distrist. i 01 T:\PW DEPT\COUNCIL\1999\990803h.wpd • Administer the construction contract in conformance with the requirements set forth in the Standard Specifications for Public Works Construction, the City of La Quinta and the City of Indio. • Administer the bridge construction in conformance with the requirements set forth in Caltrans Standard Plans and Specifications, 1992 edition. • Conduct weekly on -site construction progress meetings with Contractor, Subcontractors, City Staff, general public, business owners, and other consultants to discuss matters such as procedures, progress, problems, and scheduling. Prepare and distribute meeting minutes. • Monitor all inspection activities. • Maintain an open door policy and meet with the general public as needed regarding the street construction and make recommendations to address their concerns. • Receive from the Contractor and process all shop drawings, project data, samples, and other submittals. Establish and implement procedures for expediting the processing and approval of submittals. • Coordinate submittal review with Design Engineer on an as needed basis. • Coordinate with the City Engineer and other City Departments. • If necessary, document all claims and maintain for account records. • Administer implementation of project's Traffic Control Plan and perform weekly review for conformance to approved plan. • Coordinate and schedule construction surveying by City's consultant. • Coordinate testing requirements and scheduling of materials testing by City's consultant. • Review and analyze the Contractor's schedule (monthly), including activity sequences and duration, schedule of submittal and schedule of delivery for products with long lead time. Work with Contractor to maintain the project schedule to show current conditions and suggest revisions as required. 004 T:\PWDEPT\COUNC1L\1 999\990803h.wpd The recommended consultant selection committee is as follows: Chris A. Vogt, Public Works Director/City Engineer John M. Freeland, Senior Engineer James Lindsey, Assistant Engineer Representative from the City of Indio Representative from CVAG Pursuant to the requirements of Resolution 96-80 and the City Municipal Code, this report is notification of the City Council of the need for Professional Services and recommending to initiate the first step of the formal process by developing a selection committee and advertising Request for Proposals. TO I elk, RIMA0973111 The alternatives available to the City Council include: 1 . Approve the Request for Proposals for Construction Management Services for CIP No. 99-05, Phase I Jefferson Street Improvements, Avenue 54 to Highway 1 1 1. Approve the Consultant Selection Committee. Authorize staff to receive proposals from qualified firms, and negotiate terms of a Professional Services Agreement with the most qualified firm as determined by the Consultant Selection Committee, to be presented to the City Council for consideration at a future date ;or 2. Do not Approve the Request for Proposals for Construction Management Services for CIP No. 99-05, Phase I Jefferson Street Improvements, Avenue 54 to Highway 1 1 1 ;or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for Submission by: l P y. homas P. Genovese City Manager Attachments: 1 . Request for Proposals T:\PW DEPT\COUNCIL\ 1999\990803h.wpd U05 ATTACHMENT 1 City of La Quinta Request for Proposals to Provide Professional Construction Management Services The City of La Quinta seeks proposals from Professional Engineering firms to provide Professional Construction Management services to support Capital Improvement Project No. 99-05, Phase I Jefferson Street Improvements from Avenue 54 to Highway 111. The project consists of the construction of approximately 3.5 miles of six lane highway including; two existing intersections will have traffic signal modifications (one is within the Caltrans ROW at Highway 111), two existing intersections will be signalized, two existing bridges will be widened, a "Roundabout" traffic control device will be constructed at one intersection, raised medians, curb and gutter, lighting. A contract for construction has been awarded and construction is anticipated to commence by January 1, 2000. The contract length is 300 consecutive calendar days. The project is funded by Measure `A' , State Local Transportation Partnership Program (SLTPP) and the City of La Quinta's Infrastructure Fund, appropriate documentation of all project expenditures will be maintained by the selected Construction Manager. SERVICES REQUESTED, BUT ARE NOT LIMITED TO: CONSTRUCTION MANAGEMENT Review contract documents, plans, permit requirements. Schedule and attend a field walk with the Inspector, Design Engineer and City representatives. Schedule and chair a kick off meeting with the City to discuss the proposed work plan and special concerns to be presented at the pre construction meeting. Schedule and chair a kick off meeting with the utilities. Provide a pre construction agenda to the City for concurrence, schedule a pre construction meeting and notify attendees. Provide the necessary coordination and reports to the City of Indio and CVAG. Maintain at the project site, on a current basis; a record copy of all contracts, drawings, specifications, addenda, change orders and other modifications, in good order and marked to record all changes made during construction; shop drawings, product data; samples; submittal; purchases; materials; equipment; applicable handbooks; maintenance and operating manuals and instructions; other related documents and revisions which are relevant to the y- 007 T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\CMRFP.wpd PAGE 1 of 6 contract work. Provide regular status reports to the City of La Quinta as required. Review laboratory, shop and mill test reports of materials and equipment, and coordinate as required with Design Engineers. Prepare and send a Weekly Statement of Working Days to the Contractor. Monitor Contractor's certified payroll. Coordinate closely with the Caltrans Inspector. Monitor permit requirements from the Imperial Irrigation District. Monitor permit requirements from the Coachella Valley Water District. Administer the construction contract in conformance with the requirements set forth in the project Plans and Specifications including any applicable Standard Specification for Public Works Construction, the City of La Quinta and the City of Indio. Administer the bridge construction in conformance with the requirements set forth in Project Plans and Specifications including the Caltrans Standard Plans and Specifications, 1992 edition. Conduct weekly construction progress meetings with Contractor, Subcontractor, City Staff, general public, business owners, other consultants, etc. to discuss matters such as procedures, progress, problems, and scheduling. Prepare and distribute meeting minutes. Monitor all inspection activities, both CITY provided and any consulted out inspections. Maintain an open door policy and meet with general public as needed regarding the street construction and make recommendations to address their concerns. Receive from the Contractor and process all shop drawings, project data, samples, and other submittal. Establish and implement procedures for expediting the processing and approval of submittal. Coordinate submittal review with Design Engineer on an as needed basis. Coordinate with the City Engineer and other City Departments. Document all claims and maintain for account records. Administer implementation of project's Traffic Control Plan and perform weekly review for conformance to approved plan. T:\PW DEP7\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\CMRFP.wpd 003) PAGE 2 of 6 Coordinate and schedule construction surveying by City's consultant. Coordinate testing requirements and scheduling of material testing by City's consultant. Review and analyze the Contractor's schedule (monthly), including activity sequences and duration, schedule of submittal and schedule of delivery for products with long lead time. Work with Contractor to maintain the project schedule to show current conditions and suggest revisions as required. Recommend necessary or desirable changes in the Construction Contractor's scope of work to City. Review and evaluate Contractor's request for changes. Negotiate with Contractors and submit recommendations to City supported by field data related to any additional work. If change orders are accepted by City, prepare change orders for signature and authorization by the City. Maintain a log of change requests. Review pay requests and provide recommendation for contractor payments. Coordinate the transition of project to City Maintenance. Coordinate any training sessions required for City staff. Conduct regular coordination meetings with property owners and business owners. Provide construction management file to the City. INSPECTION(as needed) Review contract documents, plans and permits. Attend field walks. Attend kick off meetings. Attend the Preconstruction Conferences. Monitor and enforce construction noticing requirements. Maintain field diary (bound workbooks) during construction, including a cumulative record of quantities constructed, daily and weekly reports, working day reports, change order documentation, photographs and other documentation. Monitor the contractors fugitive dust control plan and ensure the contractor using approved haul routes and they are kept clean. Insure compliance with the construction contract by continuously monitoring, evaluating, approving or rejecting the Contractor's work in accordance with the approved construction contract documents. Determine that the Contractor's work is being performed in accordance with the requirements of the contract documents. Endeavor to guard CITY against defect and deficiencies in the T.\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\CMRFP.wpd PAGE 3 of 6 work. As appropriate, require special inspection of testing, or make recommendations to CITY regarding special inspection or testing or work not in accordance with the provisions of the contract document whether or not such work is fabricated, installed or completed. • Provide and maintain a digital photographic history of the project. Photos will also be taken of the following: a. Showing existing conditions prior to construction. b. Disputed work items. C. Work that has to be duplicated, replaced or removed. d. Completed work. e. Extra Work. Record the progress of the project. Provide daily inspection reports. Submit written daily progress reports to CITY, including information on Contractor and the entire project, showing percentages of completion. Keep a daily log containing a record of weather, Contractor's work on site, number of workers, work accomplished, problems encountered, and other relevant data. Verify inductive loops are tested sequentially by three methods. During the course of construction, maintain one set of plans with markings and dimensions in red ink to denote field changes or other corrections. Coordinate the transition of project to City Maintenance. Maintain copies of all permits needed to construct the project and enforce special requirements of each. Coordinate any training sessions required for City staff. Coordinate as needed with City Public Information Office. ENGINEERING SUPPORT Provide an initial review and one resubmittal of shop drawings and product data for conformance to the construction documents. Provide plan revisions as required to interpret, clarify or modify the construction documents as requested by the City Engineer. CONSTRUCTION CLOSE-OUT The CM shall administer and coordinate final inspections. The CM shall coordinate the correction and completion of the work. Assist CITY in determining when the Project or a designated portion thereof, is substantially complete. Prepare for CITY a summary of the status of the work of Contractor, listing T.\PWDEPT\PROJECTS\99Prjcts\99-OSJeffSt(54-IndBlvd)\CMRFP.wpd PAGE 4 of 6 changes in the previously issued certificates of substantial completion of the work, and recommending the times within which Contractor shall complete uncompleted items on their certificate of substantial completion of the work. Calculate the amount of final payment due prime Contractor. Obtain evidence of certification of all lien releases. Assist CITY with Filling the Project "Notice of Completion". Secure and transmit to CITY, required guarantees. Issue the notice of substantial completion and process the notice of completion. Coordinate any startup requirements. Deliver all equipment manuals, special equipment, spare parts, catalogs, and other materials required by specifications. Collect all as -built data from contractors or consultants. Make recommendation for the release of retention. Proposal Format Proposals (work proposal and cost proposal) are to be submitted in separate envelopes provided by the City, clearly marked with the consultants name, address and phone number. Only one proposal per consultant will be considered. A Pre -Proposal conference is scheduled for Tuesday August 17, 1999, at 10:00 a.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 Friday, September 3, 1999, at 4:00 P.M. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: John M. Freeland, Senior Engineer City of La Quinta Public Works Department 78-495 Calle Tampico La Quinta, CA 92253 Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items: 1. Work Proposal (envelope 1) - submit 6 copies T:\PWDEPRPROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\CMRFP.wpd PAGE 5 of 6 A. Cover Letter (1) The name, address and phone number of the consultant's contact person for the remainder of the selection process. (2) Any qualifying statements or comments regarding the consultant's proposal, the information provided in the RFP or the proposed contract. (3) Identification of sub -consultants and their responsibilities. B. Statement of Qualifications (1) A listing of proposed project personnel, including personal experiences and resumes for prime and sub -consultants. (2) Consultant's and sub -consultant experience with similar work, including names and current phone numbers of reference for listed projects. C. Project Understanding and Approach A description of your project understanding and how you will approach the project. D. Scope of Work Program A description of the tasks, sub -tasks, and deliverables that will be provided. E. Project Schedule A comprehensive Critical Path Method (CPM) schedule is to be submitted describing the nature and scheduling of proposed tasks reflect a December 1, 1999, start date. 2. Cost Proposal (envelope 2) The consultant is to submit a detailed cost proposal for all services and materials anticipated in completing the project. Man-hours and extended billing rates per classification of personnel will be indicated for each task and/or sub -task defined. Selection Process Work Programs will be reviewed by a Consultant Selection Committee. The Committee will rank the consultants for contract negotiations based upon the materials submitted within the Work Proposal. The Committee may choose to interview two or more closely-rankeded firms. Cost proposals will be opened only after the ranking process is complete. The City will open contract negotiations with the top ranked firm. The successful consultant will be expected to enter into the attached Professional Services Agreement. T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\CMRFP.wpd PAGE 6 of' 6 / T AGENDA CATEGORY: BUSINESS SESSION: COUNCILIRDA MEETING DATE: August 3, 1999 CONSENT CALENDAR: ITEM TITLE: Approval of Plans, Specifications, and STUDY SESSION: Engineer's Estimate and Authorize Staff to Advertise CIP Project 98-17, Avenue 50 Pavement PUBLIC HEARING: Rehabilitation, Park Avenue to Jefferson Street RECOMMENDATION: Appropriate an additional $79,094.00 of City Infrastructure Funds, Account No. 401- 000-493-000 toward the Avenue 50 Pavement Rehabilitation Improvements. Approve the Plans, Specifications, and Engineer's Estimate and authorize staff to advertise the bid of CIP Project 98-17, Avenue 50 Pavement Rehabilitation Improvements. FISCAL IMPLICATIONS: The following funding sources are available: Funding Source Account Number Infrastructure Fund STP (TEA 21) 401-000-493-000 401-000-493-000 TOTAL: Less Prior Expenditure Remaining Funds Available Amount $50,000.00 $225,484.00 $275,484.00 $28,773.00 $ 246, 71 1 .00 Based upon the Engineer's estimated costs in the amount of $262,693.00, the following represents the proposed project construction budget: Engineer's Estimated Construction Costs: $262,693.00 Inspection/Testing: Administration: Subtotal: Contingency: Total Anticipated Costs: $20,358.71 $13,134.65 $296,186.36 $29,618.64 $325,805.00 T:\PWDEPT\C0UNC1L\1 999\990803c. wpd The total anticipated construction related costs for this project is $325,805.00. The amount currently available is $246,711.00. A shortfall exists in the amount of $79,094.00. Sufficient funding exists within the City's Infrastructure Fee Account to cover this shortfall. CHARTER CITY IMPLICATIONS: Since this project is partially funded through federal funding, the project must be bid utilizing prevailing wage. Therefore, there are no Charter City implications. On July 7, 1998, the City Council approved the Fiscal Year 1998/99 Capital Improvement Program. The adopted program includes the Avenue 50 pavement rehabilitation improvement project. This project will rehabilitate and overlay existing pavement on Avenue 50 from Park Avenue east to Jefferson Street, approximately 4,950 linear feet. Improvements consist of the removal and replacement of existing pavement on the north half and slurry seal on the south half from Park Avenue to Orchard Lane, and removal and replacement of full section from Orchard Lane to Jefferson Street. An exhibit depicting the project limits is provided as Attachment 1 . On October 2, 1998, staff issued an informal Request for Proposal (RFP) to obtain Professional Engineering and Design Services for the Avenue 50 Overlay Improvement Project. During the December 15, 1998 City Council Meeting, the City Council approved a Professional Service Agreement with Keith International Inc. in an amount not to exceed $1 1,750 to prepare plans, specifications and Engineer's estimate for Fiscal Year 1998/99 Avenue 50 Overlay Improvements. During the January 5, 1999 City Council Meeting, the City Council approved Contract Change Order No. 1, in the amount of $2,000, with the Keith Companies to provide additional engineering design services for Project No. 98-17. On April 19, 1999, staff requested that the Riverside County Transportation Commission (RCTC) allocate an additional $125,484.00 from Surface Transportation Program (STP) Funds, available to the City of La Quinta, toward the Avenue 50 Rehabilitation Project. A34 T:\PW DEPT\COUNCIL\ 1999\990803c. wpd n June 11, 1999, the City of La Quinta received notification from RCTC that an additional $125,484.00 had been approved on June 2, 1999 for use on the Avenue 50 Rehabilitation Improvement. This action increased the STP allocation toward the project from $100,000.00 to $225,484.00. The City is required to provide matching funds at 11 .47 percent of the STP funds used. The matching funds are currently estimated at $25,863.00. Considering City Council approval of the PS&E and authorization to receive bids on August 3, 1999, the following project schedule is anticipated: Prepare Federal Documents/Obtain Obligation: Bid Period (30 days): Contract Award: Sign Contract/Mobilize Construction Period (30 days) Project Acceptance/Close out: FINDINGS AND ALTERNATIVES: August 3, 1999 to August 31, 1999 September 1, 1999 to September 30, 1999 October 5, 1999 October 15, 1999 October 16, 1999 to November 15, 1999 December 1999 The alternatives available to the City Council include: Appropriate an additional $79,094.00 of City Infrastructure Funds toward the Avenue 50 Pavement Rehabilitation Improvements and approve the Plans, Specifications, and Engineer's Estimate and authorize staff to advertise CIP Project 98-17, Avenue 50 Pavement Rehabilitation Improvements; or 2. Do not appropriate an additional $79,094.00 of City Infrastructure Funds toward the Avenue 50 Pavement Rehabilitation Improvements and do not approve the Plans, Specifications, and Engineer's Estimate and do not authorize staff to advertise CIP Project 98-17, Avenue 50 Pavement Rehabilitation Improvements. This alternative may result in the loss of the Surface Transportation Program (STP) funds; or 3. Provide staff with alternative direction. {3 00 T:\PWDEPT\C0UNC1L\1 999\990803c. wpd Respectfully submitted, el, Chris A. Vogt Public Works Director/City Engineer Approved for Submission by: Thomas P. Genovese City Manager Attachments: 1 . Project Limits Exhibit T:\PW DEPT\COUNCIL\1999\990803c.wpd 004 z O E- w o a W w w ATTACWENT T, �� _ w 0-3 �z a N og o JLj cm V) a w< w o= oz O �c-) �o Of W O = w W w O w 1 O g~ o g� w w0 Nui do W wz wz wF A. �> � og w O Z ¢ Z Z U ¢ a� w W J O w W G` L� to F— cxf O O O O E E- U W W /`---1 U J O �\ -4L w i Q a � �4 � � z z E- w �� U)W o w o �DLO a O W a W � � W � N W W y 00 T.\PW DEPT\COUNCIL\l 999\990803c.wpd T4tvl 4 a(P Q"Aro AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: August 3, 1999 CONSENT CALENDAR: ITEM TITLE:Adopt a Resolution of the City of La STUDY SESSION: Quinta Declaring Its Intent to Vacate a Portion of the Avenida Alvarado Right -of -Way, Street Vacation Case PUBLIC HEARING: No. 99-038 Adopt a Resolution of the City Council declaring the City Council's intent to vacate a portion of the Avenida Alvarado right-of-way. None. None. State law' gives City Councils the authority to vacate city streets, or portions of city streets, that are found to be unnecessary for present or prospective public street purposes. The statute prescribes a specific procedure under which the vacation may be implemented. The vacation process requires that the City Council adopt a resolution that declares its intent to vacate the specifically identified portion of street right-of-way. The resolution of intent sets a date and time for a public hearing to hear evidence offered by any interested person. The public hearing must occur at least fifteen (15) days after the resolution of intent is adopted. The Public Hearing date for the proposed vacation of a portion of the Avenida Alvarado right-of-way is scheduled for September 7, 1999 which provides a thirty-five (35) day noticing period. 1 California Streets and Highways Code, commencing with Section 8300, which is entitled the Public Streets, Highways, and Service Easements Vacation Law. T:\PW DEPT\COUNCIL\ 1999\990803g. wpd The proposed Notice of Intent Resolution contained herewith sets in motion a number of administrative activities that are required prior to the public hearing at which time the City Council will make its decision as to whether or not to approve the proposed vacations. The activities include posting notices at the proposed street vacation location and publishing a public hearing notice in the newspaper. Utility purveyors in the City have already been notified of the proposed street vacation, and the Planning Commission made a General Plan consistency finding approving the proposed street vacation at its July 13, 1999 meeting (see Attachment 1). Mr. D. McHattie is the applicant for the proposed vacation and will be the benefitting landowner if the vacation is approved. All of the documents describing the proposed vacation area have been prepared by a professional, retained at Mr. Hatie's expense. There are no street improvements within this proposed vacation area. The surrounding street improvements were installed as part of the Cove Improvement Program, in which the City realigned the connection of Avenida Alvarado to Avenida Montezuma in an effort to improve traffic safety and neighborhood cohesiveness. The subject location is a result of that activity. The specific portion of street right-of-way proposed for vacation is located in the Cove, as generally indicated on Attachment 2, and more specifically described on Exhibits "A" and "B". This portion of street right-of-way is not needed by other property owners for access, or improved accessibility. The roadway configuration is shown in Attachment 3. No utility purveyors are expected to reserve easements through the proposed parcel. The utilities have until August 25, 1999 to respond. The attached Resolution declares the City's intent to vacate the subject portions of right-of-way. Approval of the Resolution is not the final act with regard to the vacation process; it officially initiates a proposed street vacation for consideration. A public hearing must be held before the vacations can be approved. A Public Hearing is scheduled for September 7, 1999. The proposed vacation has been presented to the Planning Commission and found to be consistent with the La Quinta General Plan. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council declaring the City Council's intent to vacate a portion of the Avenida Alvarado right-of-way; or 2. Do not adopt a Resolution of the City Council declaring the City Council's intent to vacate a portion of the Avenida Alvarado right-of-way; or 3. Provide staff with alternative direction. 1i � r �'5;1 0u2- T:\PW DEPT\COUNCIL\ 1999\990803g. wpd Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for submission by Thomas P. Genovese, City Manager Attachments: 1 . Planning Commission Staff Report (Dated July 13, 1999) 2. Vicinity Map 3. Aerial Photo t d� :o � v � �a T:\PWDEPT\COUNCIL\1 999\990803g. wpd RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA DECLARING ITS INTENTION TO VACATE A PORTION OF THE AVENIDA ALVARADO STREET RIGHT OF WAY IN THE SANTA CARMELITA AT VALE LA QUINTA SUBDIVISION, UNIT NO. 2 STREET VACATION CASE NO. 99-038 WHEREAS, the Public Streets, Highways, and Service Easement Vacation Law, commencing with Section 8300 of the Streets and Highways Code of the State of California empowers City Councils with the authority to vacate street Right -of -Way within its jurisdiction that are found unnecessary for present or prospective public street purposes; and WHEREAS, the City Council is required by law to adopt a resolution declaring its intention to vacate the subject portion of Right -of -Way at least 15 days prior to conducting a public hearing regarding the proposed street vacation; and WHEREAS, the City Council is required to conduct the public hearing to hear evidence presented by any interested party prior to approving or rejecting the proposed street vacation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AS FOLLOWS: SECTION 1 . Pursuant to the procedure prescribed in Chapter 3 of the Public Streets, Highways, and Service Easement Vacation Law, the City Council of the City of La Quinta declares its intention to vacate a portion of Avenida Alvarado, and more specifically described on Exhibits "A" and "B," which are on file in the Office of the Public Works Director. SECTION 2. A public hearing will be conducted on the 7th day of September 1999, at 7:00 P.M. in the La Quinta City Council Chambers, 78-495 Calle Tampico, La Quinta, California, at which time all persons interested in or objecting to the proposed vacation will be heard. SECTION 3. The City Clerk shall cause this Resolution to be published at least fifteen days before the date set for the hearing. SECTION 4. The City Clerk shall cause this Resolution to be posted within fifteen days after its adoption in three (3) public places established by the City Council. A1-004 T:\PW DEPT\COUNCIL\1999\990803g.wpd RESOLUTION 99- Page 2 SECTION 5. The Public Works Director shall cause this Resolution and Exhibits "A" and "B," to be conspicuously posted within the proposed vacation area at three separate locations not more than 300 feet apart, as least two weeks prior to the public hearing scheduled for September 7, 1999. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of August 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney City of La Quinta, California TAPW DEPT\COUNCIL\ 1 999\990803g. wpd STREET VACATTON CASE NO. 99-038 EXHIBIT "A" Being that portion of the right of way for Avenida Alvarado as shown by the Map of the Santa Carmelita at Vale La Quinta, Unit No. 2 in the City of La Quinta recorded in Book 18 of Maps, pages 55 and 56, Official Records of Riverside County, California, being more particularly described as follows: Beginning at the Southwesterly Corner of Lot 15, Block 21 of said Map; thence along the Westerly prolongation of the Southerly line of said Lot 15, South 890 53'37" West 3.55 feet to a non -tangent curve concave to the Southwest having a radius of 80.00 feet and a radial which bears S720 45' 10" W; thence northwesterly along said curve through a central angle of 16" 14' 49" an arc length of 22.68 feet; thence N 330 29'39"W, 7.98 feet; thence North 100 11'57" East, 17.96 feet; to the beginning of a non tangent curve concave to the Northwest, having a radius of 930.00 feet and a radial which bears N 360 06'28" W, thence northeasterly along said curve through a central angle of 010 42' 19" an arc length of 27.68 feet to a point in the northwesterly line of said Lot 15, said point being at the point of reverse curve with said 930.00 radius and a curve concave southeast having a radius of 20.00 feet and a radial which bears N 37" 48'47"W, thence along the westerly line of said Lot 15 and southwesterly along said 20.00 foot radius curve through a central angle of 520 17' 36", an arc length of 18.25 feet; thence South 000 06'23' East, 45.56 feet along the westerly line of said Lot 15, to the point of beginning. Containing 634 sq. ft. Prepared by Bolton Engineering Corporation Ross N. Bolton R.C.E. 26120 July 07, 1999 26120 ((*rEXR 31311v z 4,� 0 . 0 STREET VACATION CASE NO. 99-038 EXHIBIT "B" CURVE DATA TABLE DELTA RAID. I TAN. LEN. 10 07°35'34" R = 930.00' T = 61.71' L = 123.24' 2O 52-17-36" R = 20.00' T = 9.82' L = 18.25' 3O 01-42'19" R = 930.00' T = 13.84' L = 27.68' ® 16°14'49" R = 80.00' T = 11.42' 1 L = 22.68' LINE DATA TABLE BEARING LEN. 1� S10°11'57"W 17.96' 2❑ S33°29'39"E 7.98' 3❑ S89°53'37"W 3.55' G 7915 ' Ji 15 / L M- -p��a 0 0 POINT OF BEGINNING O � o ° ® 3 —� I - S89°53'37"W 100.00, BOLTON ENGINEERING CORPORATION 707 Silver Spur Road, Ste. 201 Rolling Hills Estates, Ca. 90275 Ph. (310) 544-6010 Fax. (310) 544-0458 Ross N. Bolton R.C.E. 26120 EXP. 3-31-02 Date F CE OF CURB 18.00' 18.00' N 3 D.00' 30. 0' SCALE 1"=40' 12.00' CITY OF LA QUINTA RIGHT OF WAY VACATION PLAT 5"S 56 2> 2 N. Bo;- No.26120 Exp. 3-31-02 4 " i ATTACHMENT 1 DATE: CASE NO.: REQUEST: LOCATION: APPLICANT: BACKGROUND: STAFF REPORT PLANNING COMMISSION JULY 13, 1999 STREET VACATION 99-038 DETERMINATION OF LA QUINTA GENERAL PLAN CONSISTENCY OF THE PROPOSED STREET VACATION. PORTIONS OF AVENIDA ALVARADO AT AVENIDA MONTEZUMA Mr. D. McHATTIE Pursuant to State law', street right of way or public easements being vacated by the City Council, the "Planning Agency" shall make a finding that the proposed vacation is consistent with the City's General Plan and Circulation Element. The planning agency in this case is the Planning Commission. There are no street improvements within this proposed vacation area. The surrounding street improvements were installed as part of the Cove Improvement Program, in which the City realigned the connection of Avenida Alvarado to Avenida Montezuma in an effort to improve traffic safety. The subject location is a result of that activity. Street Vacation 99-038 as generally indicated on Attachment 1, contains a portion of the Avenida Alvarado right of way, and is specifically described in Attachment 2, (Exhibits "A" and `B"). This portion of the street right of way is not needed by other property owners for access, or improved accessibility, to residential properties. The roadway configuration is shown in Attachment 3. The proposed vacation is categorically exempt under Section 15305, and not subject to the California Environmental Quality Act (CEQA). On July 6, 1999, staff mailed notices to potentially affected public agencies, informing them of the proposed vacation. It is expected that some utility companies may responded with requests for easements to operate and maintain existing public utilities. Other than the easement reservations, no negative comments are expected. Government Code Section 65402 4 W�,j F:\PWDEPT\STAFF\VERLENGI\STVAC\SV99-038.WPD FINDINGS: The proposed street vacation will have no environmental effects that adversely impacts the human population, either directly or indirectly, because the street segment is currently unused by the public and inaccessible to vehicles; and secondly, the act of vacating the right of way will have no physical environmental effect. The segment of street right of way proposed for vacation meets the definition of a local residential street, which by definition is intended to provide access to abutting properties, with movement of traffic given secondary importance. This portion of the street right of way is not needed by other property owners for access, or improved accessibility, to residential properties, and is consistent with the adopted Circulation Element of the La Quinta General Plan. The street vacations will not impact public utility agencies, provided easements are retained for the continued maintenance and operation of existing public utilities. RECOMMENDATION: By Minute Motion adopt the findings that the vacation of this portion of the Avenida Alvarado street right of way is consistent with the adopted Circulation Element of the La Quinta General Plan. Prepared by: Submitted by: S{ L CHRISTINE DI IOAIO, Planning Manager RJV/rjv Attachments: 1. - Vicinity Map 2. - Exhibit "A' and `B" 3. - Street Plan F:\PWDEPT\STAFF\VERLENGI\STVAC\SV99_038.WPD f) VICINITY MAP ATTACHMENT 2 LA P OUlNTA ESTATES Y � tM Q, ��Q` rG N'o � o o- '� G=)r1..•�. � _ode �. _,". \ PAf LA QUINTA AVE MONTEROx { �- •' )' Z o�^ W Q SAN TIMOTEO ST RI 2 CALLE REMO V c, 3 VIA 3 CALLE HUERTO { Y 1 MARA 4 VIA POMPA ✓"' , VISTA 9A9 k "' IA ME DI i- 0 o DOpDN o CT Q I r. M�untain LA O F A Ap r VIA SONATA o a TEN S''' E RT. CLUB a o SA EBRUSH AVE �• . ANQEL110�R Cou13e LEAIACIR BOTTLEBRUSH DR ¢ ." liNVENDP a g G .,�:.. CALLE S MA EASERT R LA QUINTA PARK L PEOUENA L LA / CALLE O N E D SCHOOLS lN� Oq 'CAL CLUB th CPU\� I CULO J ALLuu QfELIPE MANOR _ AV 50 LA Q NTA IFl�' � GrOVE s99! F a CIF �F Dune ourSe S vFgoEs v� Y r C`. Dt OX R LF �' sogU RE RT 3'. r -CLUB. T P �jIM HRF L T R - D VIEW WY_.. .. BI H RN TR c� VEtjLTW CALIEMAAIA ,.yiD/i/11A. D4M� �LEM CH ERZ,FALL 'D SBR PA TED COV s t ,.ANGES ACK w' COIIANUNITY I (FUTURES TER COVE CT T U Z �IRLC OF LA QUINTA THE VILLAGE LA ARTS PgF2 }?: AT LA QUI A FOU ION M < 0 a STREET ` { uLwLNTA S INGTIM 6 a i ilL3TORIGLL BER OF WY i m t MUSEUM ,` MERCE Vt ARANJ a q c 2-� �' CAL E T PICO n�aP- 0 �q VACATION �.f.. B A A FVEITA x ,..,: Cm PINA - nvE 99-038 Dp�I UCAI OA oo AVE AFONDA IMA ~' E a AVE T RRfS "' > CA E DA 0 El � a x AV 52 PV a a' B J >< O T I �DESE B OR LA QUINTA VILLAGE a AMI SHOPPING ({ENTER C LL SIN LO FIRE z J < TAT ION SENIOR CENTEf4 >a A E R G a "' J z "' �` " FRANCES HACK LN t "_ > > FRITZ B..BURNS jr: a a a a Q PARK CA LE ON RA >a ARTS FE:iTIVAL 4. i GROUNDS C R E 1 I) YLNT`ION ICAILE NS A T lS.AIli1V V L — I cc- o, ICA lE Gcr N Q �� k cr S i a CA LE HI UA A ¢ ''' *� 6 r F A� 4 S-.'' Pi v ON R VIEW LI LE RR(BA o i `' tea..+' --•4 o U Li E HIL ON - a [AllE AD ID Y z A E M a � �s �ti � � �yiw•.. N`.� � `�` �-��,-a-��,a�"t�' ice' g a '�'" ¢ �'W' \''\ >¢ a JCE LA E f T A - vy AlE a a a< LA QUINTA STORMWATER PROTECTION PROJECT ` ATTACHMENT 3 STREET VACATION 99-038 -14 .L V Tffit 4 a(P Qamro COUNCIL/RDA MEETING DATE: August 3, 1999 ITEM TITLE. Approval of a Professional Services Agreement with David Evans & Associates to Provide Plans, Specifications and Engineer's Estimate for Calle Tampico, Calle Sinaloa, and Avenue 52 Median Island Landscape Improvements RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR STUDY SESSION: PUBLIC HEARING: Authorize the waiver of the formal selection procedure; and Approve a Professional Service Agreement in the amount of $14,800 with the firm of David Evans & Associates to prepare Plans, Specifications and Engineer's Estimate for Fiscal Year 1999/00, Median Island Landscape Improvement Projects (Calle Tampico, Calle Sinaloa, and.Avenue 52). CHARTER CITY IMPLICATIONS: None with this contract; however, the construction contract will be non -prevailing wage which could result in a lower bid. FISCAL IMPLICATIONS: The projects are currently identified in the City's approved Capital Improvement Program(CIP) for Fiscal Year 1999/2000. The following table represents the project costs identified within the approved CIP: PROJECT APPROVED BUDGET 199901 - Avenue 52 Median Landscaping $57,000 199902 - Sinaloa Median Landscaping $93,773 199912 - Calle Tampico Median Landscaping $210,728 TOTAL BUDGET AMOUNT: $361,501 As indicated, adequate funds are available overall to support the recommendation. T:\PWDEPT\C0UNC1L\1 999\990803f. wpd On July 20, 1999, the City Council approved the Fiscal Year 1999/2000 Capital Improvement Program. The adopted program includes the Sinaloa, Calle Tampico and Avenue 52 Median Landscaping Improvement Projects. The engineering and design services required to complete the work for each of the projects is very similar. Therefore, to economize the costs for these services, reduce staff time required to manage the services, and reduce the time to complete the design of these improvements, staff is recommending that the three improvement projects be combined. This approach has been used on a number of occasions and has been successful. Although it is proposed that the design of these improvements be prepared by a single consulting firm, the projects may be constructed under a number of Public Works contracts as single individual improvement projects or as a combination of improvement projects under one contract. David Evans & Associates (DEA) prepared the original landscape, irrigation and electrical plans for both projects, 199902 Sinaloa Median Landscaping and 199912 Calle Tampico Median Landscaping, as part of the Citywide Landscape Improvements Project. Both sets of plans require minor modifications. Project 199901, Avenue 52 Median Landscaping is not currently designed. Considering the level of DEA's past involvement in the City's median island landscaping improvements, DEA is the most logical and cost effective choice to update and prepare the PS&E for these improvements. The scope of DEA's professional services agreement includes the following tasks: Provide complete landscape architectural and lighting design for approximately 5,700 square feet of median on Avenue 52; design landscape throughout the length of the Calle Tampico corridor (Washington to Eisenhower); design landscape for two medians on Calle Sinaloa; calculate the volume of fill needed to provide the desired appearance of the berms, verify the project area quantities with respect to all bid items (grading, planting, irrigation, hardscape and lighting); revise the specifications package; provide a new construction cost estimate; and prepare as -built drawings from the contractor's red lines. A copy of the Professional Services Agreement is included as Attachment 1. FINDINGS AND ALTERNATIVES The alternatives available to the City Council include: 1. Authorize the waiver of the formal selection procedure and approve a Professional Service Agreement in the amount of $14,800 with the firm of David Evans & Associates to prepare Plans, Specifications and Engineer's Estimate for Fiscal Year 1999/00, Median Island Landscape Improvement Projects (Calle Tampico, Calle Sinaloa, and Avenue 52); or T:APWDEPTVC0UNCILA1999A990803f.wpd �' 2. Do not enter into a Professional Service Agreement with David Evans & Associates and authorize staff to begin the formal RFP process; or 3. Provide staff with alternative direction. Respectfully submitted, /,/ W A- �- - Chris A. Vogt Public Works Director/City Engineer Approved for Submission by: r' Thomas P. Genovese City Manager Attachments: 1 . DEA Professional Services Agreement T:APWDEPTVCOUNCLV1999V990803f.wpd 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 DAVID EVANS AND ASSOCIATES (DEA) ("Consultant"). The parties hereto agree as follows: 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to CALLE TAMPICO, CALLE SINALOA AND AVENUE 52 MEDIAN ISLAND LANDSCAPE DESIGN SERVICES as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. T:APWDEPT\PROJECTS\99Prjcts\99MEDIANLS\DEAPSA.wpd Page 1 of 8 0 V 5 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. 2.1 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 FOURTEEN THOUSAND EIGHT HUNDRED Dollars ($14,800.00) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. • : •C11:► ■ 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieure. The time 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 judgement such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. J3 T:\PWDEPT\PROJECTS\99Prjcts\99MEDIANLS\DEAPSA.wpd Page 2 of 8 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. • 91193 NQI 01 Fill 111115W\ • 1 •�► 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. Cliff Simental, L.S., Senior Associate b. Kim Rhodes, L.A., Associate/Project Manager It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be John M. Freeland, Senior Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. T:\PWDEPT\PROJECTS\99Prjcts\99MEDIANLS\DEAPSA.wpd Page 3 of 8 0 07 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1 ,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be canceled 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 City, its officers, employees, representatives and agents, 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. T:\PWDEPT\PROJECTS\99Prjcts\99MEDIANLS\DEAPSA.wpd Page 4 of 8 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. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this 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 T: \PWDEPT\PROJECTS\99Prjcts\99MEDIANLS\DEAPSA. wpd ji Page 5of80U j 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. FROM A \ I Militia11 ► I we]2 : 4 4 ►I 14 ► 11 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. 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, T:\PWDEPT\PROJECTS\99Prjcts\99MEDIANLS\DEAPSA.wpd Page 6 of 8 % 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. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. WMERTA Mil I W-3► OPIUM aasin R*1 Lei 0 69 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. T:\PWDEPT\PROJECTS\99Prjcts\99MEDIANLS\DEAPSA.wpd Page 7 of 8 0 1. [ To City: CITY OF LA QUINTA Attention: Chris A. Vogt 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 To Consultant: DAVID EVANS AND ASSOCIATES Attention: Cliff Simental, L.S. 800 North Haven Avenue, Suite 300 Ontario, California 91764-4915 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgement or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. ********************The remainder of this page intentionally left blank************** T:\PWDEPT\PROJECTS\99Prjcts\99MEDIANLS\DEAPSA.wpd Page 8 of 8 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: Saundra L. Juhola, City Clerk APPROVED AS TO FORM: Dawn C. Honeywell, City Attorney DAVID EVANS AND ASSOCIATES: By: Name: Kim Rhodes, L.A. Title: Associate/Project Manager Date: T:\PWDEPT\PROJECTS\99Prjcts\99MEDIANLS\DEAPSA.wpd Page 9 of 8 013 Exhibit A Scope of Services David Evans and Associates scope of services, dated March 31, 1999, is attached and made a part of this agreement. 014 DAVID EVANS AND ASSOCIATES, March 31, 1999 Soo North Haven Avenue Mr. Nick Nickerson sane joo City of La Quinta 78-495 Calle Tampico Ontarw. Callfioma 91764 La Quinta, CA 92253 Tel: 909.481.5750 SUBJECT: CONSULTANT SERVICES FOR CALLE TAMPICO, CALLE SINALOA / AVfEN`UE4§Z757 LANDSCAPE MEDIAN IMPROVEMENTS Dear Nick: On behalf of David Evans and Associates, Inc. (DEA), we are pleased to respond to your request for consultant services for the above noted project. You have indicated that the City is considering moving forward with the landscape improvements for Calle Tampico and Calle Sinaloa, originally designed under the Citywide Landscape Improvement contract. Additionally, design services will be necessary for approximately 590 linear feet of existing median located on Avenue 52. This combined proposal allows for a more cost-effective approach for the city, not only in design and construction observation fees; but certainly a cost savings by awarding the project to one contractor to perform the work at one time. DEA proposes to perform the following tasks: Provide complete landscape architectural and lighting design for approximately 5700 s.f. of median on Avenue 52; design landscape berms throughout the length of the Calle Tampico corridor (Washington to Eisenhower) in addition to designing berms for two medians on Calle Sinaloa; calculate the volume of fill needed to provide the desired appearance of the berms, verify the project area quantities with respect to all bid items (grading, planting, irrigation, hardscape and lighting); revise the specifications package with special emphasis on Sections 1200, 3000, and 4000; provide a new construction cost estimate; and finally, to prepare As -Built drawings from the contractor's "red -lines". Our fees to perform the above noted tasks shall be a fee of $14,800. Please note that reimbursables are not included and shall be billed to you at cost plus 10% (although these costs should be minimal). You have also indicated a desire to have DEA perform construction observation services which include: project observation, quality control of installation of berms and location of plant materials, hardscape, irrigation elements and lighting fixtures; inspection of construction conformance to design documents and construction schedule monitoring. We anticipate a project duration of 60 days; or a ten -week schedule, which allows for project close out. Our scope of services shall include a pre -bid meeting, a pre -construction meeting, weekly construction meetings, a walk thru/punch list and project approval. Our fee includes two site visits per week on average with mileage included. Administration functions necessary to adhere to city requirements, such as preparation of field directive changes, work directive changes, daily logs, and change orders, shall be included within the total fee for this task. We anticipate a fee of $18,500 for construction observation services, which includes the services of Joe Nolan (Dream Engineering). Please review this information with your staff and let me know if you have any questions or concerns. We look forward to the continued opportunity to provide landscape architectural services to the City of La Quinta. Sincerely, DAVID EVANS AND ASSOCIATES, INC. Kim S. Rhodes, L.A. �7 Associate . GL... L D­ A01 `„1 Exhibit B Schedule of Compensation Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed FOURTEEN THOUSAND EIGHT HUNDRED Dollars ($14,800.00) except as specified in Section 1.6 - Additional Services of the Agreement. David Evans and Associates Rate Schedule is attached and made a part of this agreement. Exhibit C Schedule of Performance Consultant shall complete all services within THIRTY CONSECUTIVE CALENDAR DAYS (30) days of the date of this Agreement. Exhibit D Special Requirements NONE. 016 T4ht 4 P Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: August 3, 1999 CONSENT CALENDAR: -a ITEM TITLE: Adoption of a Resolution Granting STUDY SESSION: Conditional Approval of a Final Map and Subdivision Improvement Agreement for Parcel Map 28525-2, PUBLIC HEARING: Stamko Development Co. RECOMMENDATION: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel 28525-2, Stamko Development Co. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel 28525-2 is located on the southeast corner of Adams Street and Highway 1 1 1 (Attachment 1), and consists of 7 commercial parcels (Attachment 2). The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. As of July 26, 1999, City staff has not received approval of the Final Map from the City's Acting Surveyor; however, it is expected that a technically correct map will be submitted within the time allowed with its conditional approval. As of July 27, 1999, a Subdivision Improvement Agreement has not been executed by the developer and the associated securities have not been received. It is anticipated that these items will be received by the August 3, 1999 City Council Meeting. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and Subdivision Improvement Agreement. The approval is contingent upon receipt, within 30 days (September 2, 1999), of a technically correct Final Map suitable for recording by the County Recorder with all required signatures except for the City Clerk. T:\PW DEPT\COUNCIL\1999\9908031—pd 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. The developer has demonstrated to City staff that sufficient progress has been made with the documents required for conditional final map approval. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel 28525-2, Stamko Development Co.; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel 28525-2, Stamko Development Co.; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vog,f Public Works Director/City Engineer Approved for Submission by: Jf Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement i .. T:\PWDEPT\STAFF\GUZMAN\TRACTS\26525-2cc.wpd RESOLUTION NO. 99- RESOLUTION OF THE CITY COUNCIL OF LA QUINTA GRANTING CONDITIONAL FINAL MAP APPROVAL OF PARCEL 28525-2, 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, the City Council of La Quinta does hereby find, determine, order and resolve as follows: Section 1. The final map for Parcel 28525-2 is conditionally approved provided the subdivider submits all required items on or before September 2, 1999. 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 with the tentative 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. Produced a technically correct drawing of the map area that is suitable for recording by the County Recorder B. Has obtained all requisite signatures on the map title page, except for the City Clerk's signature. 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 September 2, 1999. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 3" day of August, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: Dawn Honeywell City Attorney 004 JJL-226-1999 03:23 PALM DESERT P.32 ATTACHMENT " C,-� - )� 006 ATTACHMENT 2 r Ncm LO a 3�g� akF� �� w� G oar a g7a a LO zo N N oo<> iMa.on z roNo e N o m 3<� egg ko ¢"s ayY W3 boa F NW s 7 7p££ s W 9ss yy a W b� 8 YWix E £ Ymffi 7 o�rr 'm� �¢ i3 8 oa G oho G ' � R a W mg o m �lagg� N O � 0 Zoe m a g' �. a � 'M� k F ���8 gg i ott l(1WY fi i Eli o k R� k g G G Yo 12UNI 3 k a AS < 3 k E < k b a g -Z G a ozcg G � � W PANg 5 P,as g '� z zz z • ee-a � i L� a 007 1 o... 1E lu i.. i n - "n 10291,7.I ill- _3 IV L-S d I A On Y IM I �11Is €� O � 26-m - S zr as rW� NN�n-c �aagn 3 SO In Z .ZB'98Z1 M .CIDON Q NoV a w fo �3AL.�lo„_ � .LO a I ry _/ z M 4 n 0 � Zmo 804 i z o a c� 0 OAK x o0aam z I I ^ E ay R N ZRoo?oo j�aaaN 1. j �y�✓T—�_�--�\ �� i =i j I jry3 I - � I L � =Woos ja ua si � � o a 0. Pi 7 r i33gi srvvov I o � 008 31tl0 of f fixo ? Sr�.l SZSN2 d.] W�i.]AlifiS' d,;v. J N=- _a wao Nam` � U / LO zWmZN w / N OS NNW O 2 q, a �C• of �l / l� T oQNm QUU CL�a�� S I �hn 1 ZW xxxx L Woo - -_� Q Hlnos _ AVM 3a1N"n1 O1f1V A612L "p0 °�°H 90.OiNN M_ -- _--- T - - _ _ _----_A[Z gm nI - 1 U �g � RI a LS0 _ -- --------- — 133a1s snvav �9,3iX=x B3$^Re��£e4m�e$i$�i�Yh�3> 8.n3nry�3giB ^_R2oh58H —.g.- ��G 3EYJ�G 8II �u�G�G���.`.,�f7C ll�tlil - V1NIft0 VlMyp.pznoM o,.ez:ez-v --- i�•rs Lz.p .ww �b. %i yny b i� 1L WY I .[C �8 Ud p i i _ -- t .ZB'LSYZ Myp.pZDIXI -, —--------------------� — —- / 1 009 3VVC. 611[L LC E _ 'M" ,�._.t Sal .n _ /I I .,, _o A ATTACHMENT 3 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP 28525 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement') is made and entered into this day of , 19 by and between Stamko Development Co., a California Limited Partnership hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map') of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Parcel Map No. 28525 (the "Development') 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 issuance of permits for construction of improvements associated with the Map, 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. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: C:\Core]\WP\TRACTS\Agreements\28525.sia o 1 (D 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of 'R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). C:\Corel\WP\TRACTS\Agreements\28525.sia 0 i l 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 Development 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 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 C:\Corel\WP\TRACTS\Agreements\28525.sia d' 012 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. 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. 013 C: \Corel\W P\TRACTS\Agreements\28525.sia 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. 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. C:\Corel\WP\TRACTS\Agreements\28525.sia ®J A IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: Thomas P. Genovese, City Manager ATTEST: City Clerk SUBDIVIDER: By: Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Stamko Development Co. 2205 N. Poinsettia Ave Manhattan Beach, CA 90266 Date Date 1f� *L C:\Corel\WP\TRACTS\Agreements\28525.sia ®� STATE OF CALIFORNIA COUNTY OF RIVERSIDE 1 ss. On JULY 28, 1999 before me, K. WENGER Name, Title, e.g., "Jane Doe, Notary Public" personally appeared CHRISTINE F. CLARKE** Name(s) of Signer(s) [� personally known to me -- OR -- ❑ proved to me on the basis of satisfactory evidence to be the r` person(1'"hose name�60" subscribed to the within instrument and acknowledged to me that h�/y executed the same in KiOirftw authorized capacity(is1, /and that by er it signature(�"n the instrument the person, or the entity upon OFFICIAL SEAL behalf of which the person(s) acted, executed the instrument. y " K. WENGER Q COMM # 1 1 921 11 sNotary Public - California Witness my hand and official seal. C7 ` RIVERSIDE COUNTY My Commission Expires AUGUST 5, 2002 i Signaturejof Notary OPTIONAL ' Though the data below are not required by law, the information may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER: DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer: ❑ Partner(s): ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: SIGNER IS REPRESENTING Name of Person(s) or Entity(ies) Title or Type of Document Number of Pages Date of Document SIGNERS (Other than named above) y9t� 016 Exhibit A SECURITY - PARCEL MAP 28525 Except as otherwise provided herein, Subdivider shall fumish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. 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. The "Engineering & Plans" security will be released when the City has possession of complete, approved, original plans, signed and sealed by design professional(s), for all required improvements. The "No -Plan Contingency," which may be utilized for any listed item or for other costs found necessary in design or construction of the required improvements, may be released in whole or in part by the City Engineer, at any time after construction plans are complete and the scope and nature of improvements are fully known. These releases shall be considered separate from and in addition to the reductions discussed below. As elements of the work are completed, Subdivider may request a maximum of two reductions in performance security. Requests shall be made in writing to the City Engineer and shall set forth in detail the amount of work completed and the value thereof. Reductions shall be for not less than ten percent (10%) of the original, total performance security for the development and shall not reduce the security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Requests will be evaluated and may be granted, in whole or in part, by the City Engineer. Labor & materials security shall remain in place until 90 days after all required improvements are complete and accepted by the City Council Improvement Description Performance Labor & Materials Rough Grading $247,000 $247,000 Streets & Storm Drainage 456,000 456,000 Water System 143,000 143,000 Sanitary Sewer 70,000 70,000 Electrical 66,000 66,000 Landscaping & Irrigation 344,000 344,000 Monumentation 7,000 0 Construction Subtotal: $1,333,000 $1,326,000 Engineering & Plans (20% of Construction) 267,000 No -Plans Contingency (25% of Project) 400,000 Total: $2,000,000 017 TWY/ 4 .4, Q,u«rw COUNCILIRDA MEETING DATE: August 3, 1999 ITEM TITLE: Approval to Appropriate Additional Funds of $26,640 from the General Fund Reserve Account to Purchase and Install Playground Equipment for the Fritz Burns Park Retrofit Improvements, Project No. 98-16 RECOMMENDATION AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize appropriation of additional funds in the amount of $26,640 from the General Fund Reserve Account #101-000-300-290 to purchase and install playground equipment for the Fritz Burns Park Retrofit Improvements, Project No. 98-16. FISCAL IMPLICATIONS: Currently there are no funds available for this project, since the playground equipment, (2) sets of swings and a tot age group slide, is not included in the original funding appropriation. Therefore, additional appropriation from the General Fund Reserve Account is required in the amount of $26,640. CHARTER CITY IMPLICATIONS: Since this purchase and installation is funded through the General Fund Reserve, this portion may be bid utilizing non -prevailing wage. Therefore, there may be a cost savings when contracting for these services. BACKGROUND AND OVERVIEW: The Fritz Burns Park project provides for the restoration (removal and replacement) of rubber matting at the water feature; recreational level lighting for four unlit courts (2 - tennis, 2 - roller hockey); replacement of damaged court fencing; and removal and replacement of wind screen fabric for tennis courts. This project also provides for the installation of shade structures, bike racks, benches, drinking fountains, and trash receptacles at four separate locations (approximately 1 mile apart) along the Bear Creek Bike Path. TAP W DEPT\COUNCIL\1 999\990803i.wpd Two add alternates were also included in the project: Add Alternate 1 is the installation of roller hockey dasher boards for the two southern courts. Add Alternate 2 is the installation of additional playground equipment, (2) sets of swings and a tot age group slide. On January 19, 1999, the City Council approved the plans, specifications, and Engineer's estimate (PS&E), which were prepared "in house." The City Council authorized staff to advertise the Fritz Burns Park/Bear Creek Bike Path Rest Stops Improvements for bids. On April 15, 1999, a single bid was submitted by Ground Zero Demolition Company of Cathedral City, California, in the amount of $228,209. This bid is more than 50% greater than that estimated by staff. On April 20, 1999, the City Council rejected the single bid and authorized staff to restructure and complete the project in smaller scopes of work. On May 18, 1999, the City Council authorized staff to solicit bids in compliance with procedures for bidding minor public works projects contained in Chapter 3.30 of the La Quinta Municipal Code and Charter and in Resolution 98-14, for the various components contained in Project 98-16, and authorized the City Manager to award and execute contracts in an amount not to exceed $138,343 for construction of the various components of the project. The purchase and installation of additional playground equipment, (2) sets of swings and a tot age group slide, was not part of the original scope of work identified in the Fiscal Year 1998/1999 CIP project detail. The swing sets were not included in the original contract because they were to be completed under a separate contract with a local artist as part of an Arts In Public Places project. Since that time, the artist has defaulted and the swing sets have not been completed. In order to provide two sets of swings and a tot lot age group slide, an additional appropriation from the General Fund Reserve Account is required. T:\PW D EPT\COUNCIL\ 1999\990803i. wpd FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Authorize appropriation of additional funds in the amount of $26,640 from the General Fund Reserve Account #401-000-493-000 to purchase and install playground equipment for the Fritz Burns Park Retrofit Improvements, Project No. 98-16; or 2. Do not authorize appropriation of additional funds in the amount of $26,640 from the General Fund Reserve Account #401-000-493-000 to purchase and install playground equipment for the Fritz Burns Park Retrofit Improvements, Project No. 98-16; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogt / Public Works Director/City Engineer Approved for submission by: f Thomas P. Genovese, City Manager T:\PW DEPT\COUNCIL\1999\99O8O3i.wpd 003 T4ht 4 4 Q" COUNCIL/RDA MEETING DATE: August 3, 1999 ITEM TITLE: Authorization to Submit a Local Law Enforcement Block Grant Application to Purchase Special Law Enforcement Equipment and to Pay for a "Crime -Free Multi -Housing Program" RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: J3 STUDY SESSION: PUBLIC HEARING: Authorize the City Manager, or his designee, to electronically submit an application for the Local Law Enforcement Block Grant Program to purchase special law enforcement equipment and to pay for a "Crime -Free Multi -Housing Program." FISCAL IMPLICATIONS: This grant program involves formula funds and both the grant amount and the City's required match are set by the federal government. Based on that, the grant application is for $32,920 which includes the City's required match of $2,992. There are funds budgeted within the Fiscal Year 1999-2000 Budget under Police Services, Account No. 101-301-609-579 (Federal LLEBG) to pay for this match. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Omnibus Fiscal Year 1997 Appropriations Act (Public Law 104-208) authorizes the Director of the Bureau of Justice Assistance to make funds available to units of local government under the Local Law Enforcement Block Grant (LLEBG) Program for the purpose of reducing crime and improving public safety. The City has applied for, and has been awarded, grant funds under the LLEBG program for the past three years. The City is in the final stages of implementing the grant it received in Fiscal Year 1998-99. Funds received during the last three grant cycles have been used to purchase a wide variety of special equipment (e.g. dash -mounted video cameras) and to pay for extra patrol time during high -activity periods. Based on a recommendation from the La Quinta Police Department, the City is proposing to submit an LLEBG grant application to purchase a variety of special law enforcement equipment and to pay for a "Crime -Free Multi -Housing Program" (Attachment 1). The "Crime -Free Multi -Housing Program" is designed to prevent crime in multi -housing projects (e.g. apartments) by developing a program that directly involves the landlords and tenants in activities such as information sharing. According to the La Quinta Police Department, the program is similar to the Housing and Urban Development's (HUD) crime prevention program developed at the national level. The "Crime -Free" program is designed to take a pro -active stance to criminal behavior and to create a safe environment for residents of multi -housing projects and the community at large. Similar to past years, if the City is awarded funds under this year's LLEBG, then the City must do the following: 1 . The City must set up a trust fund for the federal funds. 2. The City must create an advisory board to review the proposal and make recommendations to the City for the use of the funds. Membership on the advisory board must include representatives from the Sheriff's Department, the local prosecutor's office, the local court system, the local public school district, and from a local non-profit group active in crime or drug use prevention. 3. The City must hold at least one public hearing regarding the proposed use of the funds. 4. The City must provide a cash match of $2,992. New for this year's grant application process is a requirement that the application be filed electronically over the Department of Justice's Web Site. Therefore, staff is seeking authorization for the City Manager, or his designee, to apply electronically for grant funds for the equipment/programs as identified in the La Quinta Police Department memorandum. FINDINGS AND ALTERNATIVES: The federal government has made funds available to provide law enforcement support for cities. The deadline to submit a grant application for this program is September 3, 1999. 002 The alternatives available to the City Council include: Authorize the City Manager, or his designee, to electronically submit an application for the Local Law Enforcement Block Grants Program to purchase special law enforcement equipment and to pay for a "Crime -Free Multi -Housing Program"; or 2. Do not authorize the City Manager to submit an application for the Local Law Enforcement Block Grant Program; or 3. Provide alternative direction to staff. Respectfully submitted, Britt W. Wilson, Management Analyst City Manager's Office Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. July 23, 1999 Memorandum from La Quinta Police Department regarding proposed use of grant funds C:\MyData\WPDocs\CITY COUNCIL\CCSTFFLOCALLAWGRANTAPP07-99.wpd 003 ATTACHMENT 1 RIVERSIDE COUNTY SHERIFF'S DEPARTMENT INDIO STATION TO: Captain Singerton FROM: Lt. ISONi( RE: AAnr"^r--%nAror» City of La Quinta - LI DATE: 07-23-99 DKI 99-204-1 r FY 1999-2000 On 07-09-1999,1 received notification from Britt Wilson that the City of La Quinta is eligible to receive $27,208 this fiscal year in Local Law Enforcement Block Grant funds. With matching funds from the City he estimates that there will be about $32,921 available for this fiscal year. Mr Wilson has requested a proposed expenditure plan for the above funds. I recommend, in no particular order of priority, the following expenditures: 1. Portable awnings 10' x10' Home Depot $169.90 ea. For use at crime scenes, special events, crime prevention programs, etc. to provide shade. 2 ea. $ 339.80 2. Portable scene lighting, Regent twin 500 watt with ground fault, Home Depot, For use at scenes and events, $79.95 ea. 2 ea. $ 159.90 3. Magnetic/Regular powder print kits, Lighting Powder Co, Catalog #1-0131, For use in the patrol units, reduce Forensics call -outs, $50.95 ea, 6 ea. $ 305.70 4. Sony MVC-FD91 Digital Mavica Camera, For use by patrol, investigator and forensics tech to capture digital images at scenes and events. 1 ea. $ 999.00 5. Crime -Free Multi -Housing Program. Funding for use in implementing the program in the City. Funding to cover hosting initial training phases, signs used in the program, brochures, staff salaries for events held beyond normal duty hours, etc. $ 6,626.60 6. In car video camera systems, with accessories, installation, tapes, etc. For use in 3 ea. La Quinta Police Department vehicles. (Would complete all La Quinta units with the 3 existing systems) Kustom Signals, $7,000.00 ea. 3 ea. $ 21,000.00 7. Computer Software, Computer Aided Drawing, For use in drawing intersections, crime scenes, project plans, etc. AutoSketch 6.0 $99.00 ea. t 10 ea. $ 990.00 005 8. Crime Prevention Materials to include brochures, coloring books, decals, stickers, videos, etc. $ 2,500.00 Total Recommendation $ 32,921.00 000 T4'lvl 4 *�P Q" COUNCIL/RDA MEETING DATE: August 3, 1999 ITEM TITLE: Consideration of Marketing Plan and Contract Services Agreement with Kiner/Goodsell Advertising for Fiscal Year 1999-2000 RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The proposed marketing budget for Fiscal Year 1999-2000 is $217,482. This amount includes a consultant retainer of $3,400 per month; therefore, the amount allocated to marketing programs is $176,682. The Fiscal Year 1999-2000 Budget includes sufficient funding to support this request, as shown in the marketing budgets included as Attachments 1 and 2. Attachment 1 outlines the funding allocation by account as included in the Fiscal Year 1999-2000 Budget for the original Marketing Plan, as well as the Revised Marketing Plan. If the Revised Marketing Plan is approved by the City Council, funds will be reallocated between Accounts # 101-103-605-821, Promotional Materials, and # 101-103-643-823, Media Promotion, as indicated in Attachment 1 to accommodate the programs outlined in the Revised Marketing Plan. Attachment 2 outlines the costs associated with each program included in the original Marketing Plan, as well as the Revised Marketing Plan. The marketing budget was $154,885 for seven months (December - June) of Fiscal Year 1998-99. This amount included a retainer of $3,750 per month, with the remaining $128,635 allocated to marketing programs. CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the General Fund to encourage, support and promote economic development." The services provided by Kiner/Goodsell will encourage, support and promote economic development. BACKGROUND AND OVERVIEW: The City Council considered the Fiscal Year 1 999-2000 Marketing Plan prepared by Kiner/Goodsell at the July 6 City Council meeting, and continued it for consideration to July 20. Included as Attachments 3 and 4 are the staff report and Fiscal Year 1999-2000 Marketing Plan as originally submitted to the City Council on July 6. At the July 20, 1999 meeting, the City Council formed a City Council subcommittee comprised of Mayor Pena and Mayor Pro-Tem Henderson to meet with Kiner/Goodsell and staff in relation to the marketing plan. The staff report submitted to the City Council on July 20 and the Marketing Plan Addendum from Kiner/Goodsell submitted on July 20 are included as Attachments 5 and 6. The City Council subcommittee met with Kiner/Goodsell and staff on July 23 and discussed options to reallocate funds from community events activities to more traditional economic development activities. Included as Attachment 7 is a Revised Fiscal Year 1999-2000 Marketing Plan submitted by Kiner/Goodsell. The plan does not include a Taste of La Quinta event or a Holiday in the Village event. The parade participation and seasonal events signage are retained in the Revised Marketing Plan. The funding from the two major community events has been reallocated to the following areas: • Increased frequency of local and regional infomercial and television spots • An ICSC event • National print media advertising • Financial Institutions/Realtor event regarding Village improvements • Marketing efforts to welcome the opening of new retail businesses including the Auto Mall and Theaters • Direct marketing to executives at Desert Resorts Regional Airport • Public relations efforts to mitigate impact of construction projects With the Revised Marketing Plan, Kiner/Goodsell has proposed a monthly retainer of $3,400 per month. The Contract Services Agreement has been revised pursuant to the Revised Marketing Plan (Attachment 8). 002 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the Revised Marketing Plan as submitted by Kiner/Goodsell Advertising, and authorize the Mayor to execute the attached Contract Services Agreement for an amount not to exceed $217,482; or 2. Do not approve the Marketing Plan and do not authorize the Mayor to execute the attached Contract Services Agreement; or 3. Provide staff with alternative direction. Respectfully submitted, Linda Coyle, Managem Analyst City Manager's Office Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Fiscal Year 1999-2000 Marketing Budget by Preliminary Budget Account 2. Fiscal Year 1 999-2000 Marketing Budget by Marketing Program 3. July 6, 1999 Staff Report 4. Fiscal Year 1999-2000 Marketing Plan 5. July 20, 1999 Staff Report 6. Marketing Plan Addendum 7. Revised Marketing Plan for Fiscal Year 1999-2000 8. 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C' m N CDm M M V m U cc cc cc .� m M O N O N to 00 O c rn T L) o 0 Cl � co E 006 ATTACHMENT 2 Marketing Budget FY 1999-2000 by Marketing Program Original Revised Budget Budget Taste of La Quinta Event & Advertising 16,807 0 Dine/Shop La Quinta Card 5,952 5,952 Dine/Shop La Quinta Media 31,200 28,200 Modify Dine La Quinta TV Commercial & Print Ad 0 846 Golf Cart Parade Float 2,498 2,638 Festival of Lights Parade Float 1,140 1,210 Date Festival Parade Float 840 887 Live La Quinta 10,000 10,000 Holiday in the Village Event & Advertising 21,330 0 Seasonal Events Signage 6,577 6,577 Economic Development Booth 11,023 10,021 Promotional Items-Gamby 6,341 6,341 Econ Dev Infomercial & Commercial (one 30-sec, three 10-sec) Preparation 16,338 15,919 Economic Development Infomercial TV Time 8,700 18,700 Economic Development Commercial TV Time 10,000 12,000 Economic Development Print Advertising 10,000 17,500 Economic Development Print Ad Preparation 710 710 ICSC Event 0 7,607 Financial Institution/Developer Event 0 2,410 Regional Airport Direct Marketing 0 2,392 Construction Postcard Direct Mail 0 7,951 New Retail/Auto Mall Opening Promotions 0 4,566 Dinner & a Movie Program 0 4,566 Design shell for monthly construction update in the Gem 0 525 Complimentary car wash program during construction 0 587 Collateral Materials 10,026 8,577 Subtotal Programs 169,482 176,682 Retainer 48,000 40,800 Total FY 1999-2000 Marketing Program 217,482 217,482 Retainer Programs: Press Releases (2-3 per month) Develop sign program for businesses during construction Car wash program with Boys & Girls Club PSA's on construction to radio stations Coordinate morning news show appearances for staff on construction Research/develop seasonal sign program alternatives and costs Overall program coordination 007 T4hf 464w Q�rw COUNCIL/RDA MEETING DATE: July 6, 1999 (I_*u III9H" Consideration of Marketing Plan and Contract Services Agreement with Kiner/Goodsell Advertising for Fiscal Year 1999-2000 RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: ATTACHMENT 3 AGENDA CATEGORY: BUSINESS SESSION: 2 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Kiner/Goodsell's proposed marketing budget for Fiscal Year 1999-2000 is $217,500. This amount includes a retainer of $4,000 per month; therefore, the amount allocated to marketing programs is $169,500. The Fiscal Year 1999-2000 Preliminary Budget includes sufficient funding to support this request, as outlined in the Marketing Budget included as Attachment 1. The marketing budget for Kiner/Goodsell was $154,885 for seven months (December — June) of Fiscal Year 1998-99. This amount included a retainer of $3,750 per month, with the remaining $128,635 allocated to marketing programs. CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support and promote economic development." The services provider+_ by Kiner/Goodsell will encourage, support and promote economic development. BACKGROUND AND OVERVIEW: Kiner/Goodsell has met with staff and prepared the attached Fiscal Year 1999- 2000 Marketing Plan for City Council consideration (Attachment 2). The primary marketing programs included in the Marketing Plan are Dine La Quinta, Live La Quinta, Business Attraction and Community Events. The Marketing Plan includes numerous tasks that will require significant oversight and management effort. These tasks include, but are not limited to: • preparing promotional materials, print ads, an economic development television commercial, an economic development television infomercial, and press releases; • coordinating special events including Dine La Quinta and Holiday in the Village; • coordinating Live La Quinta; and • designing and creating an economic development booth/display. Section 3.32.050 of the Municipal Code allows for the City Council to "authorize award and execution of service contracts with no competitive proposals where experience with the proposed service provider has demonstrated competence and satisfactory performance or in the renewal or renegotiation of existing contracts for continuing services." A Contract Service Agreement for Kiner/Goodsell to provide marketing services for Fiscal Year 1999-2000 has been drafted, and is attached for the City Council's review (Attachment 3). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Marketing Plan as submitted by Kiner/Goodsell Advertising and authorize the Mayor to execute the attached Contract Services Agreement for an amount not to exceed $217,500; or 2. Approve the Marketing Plan with changes and authorize the Mayor to execute the attached Contract Services Agreement with changes for an amount not to exceed $217,500; or 3. Do not approve the Marketing Plan and do not authorize the Mayor to execute the attached Contract Services Agreement; or 4. Provide alternative direction to staff. Respectfully submitted, Linda Coyle, Manage e t Analyst City Manager's Office Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Fiscal Year 1999-2000 Marketing Budget 2. Fiscal Year 1999-2000 Marketing Plan 3. Contract Services Agreement 010 ATTACHMENT 4 KINER GOPO',DSELL �4-1 A D V E R- T -T' S I N G '- J7 011, 0 a ■ 4 ■ Overview The City of La Quinta is looking to continue the momentum created by current projects such as Dine La Quinta, Gamby, the economic development campaign (print, TV and collateral materials), the historical video and Gamby. Upcoming projects should continue to advance the image of the City, support and attract businesses, and help to improve the quality of life for its residents. Objectives • Create programs/events that capture the flavor of La Quinta and translate it to tangible results. • Maximize the publicity the City receives as a result of such efforts. • Build upon the existing programs. • Support existing businesses. • Continue to build upon La Quinta's reputation as an art community. • Help diversify La Quinta's reputation beyond golf and art. • Create events that will showcase La Quinta's unique lifestyle and add to the desirability for those considering relocating or opening a business. 012 a ■ a Tactics Community Events Create and build upon the following events to create four seasonal events: March - Arts Festival La Quinta revels during this time period as one of the country's best art festivals returns. May- Community Month Highlighted by a community picnic in May, Spring is when La Quinta residents take special pride in being members of the community. September/October - Taste of La Quinta This event will either be held in conjunction with the Mariachi Festival, Oktoberfest, or on its own in October. It will be designed to showcase and highlight the restaurants of La Quinta; this event will be open to the public. Proceeds would benefit the participating restaurants, with perhaps a portion going to a non-profit organization in exchange for manpower at the event. This event will serve as a kickoff for the Dine La Quinta promotion. November/December - Holiday in the Village A giant tree of lights will be set up in the city -owned lot adjacent to the Village for the week before Christmas. Surrounding the tree will be small structures to house specific activities including Santa's House, a letter writing and .nailing activity, and other customs and traditions. Selected restaurants will also be invited to participate to sell appropriate food and drink. Sponsors will be solicited to help underwrite the cost of the various activities such as Toys R Us for Santa's House and the Post Office for the letter writing. 013 M. M NKiner/Goodsell will also develop ways to create an "icon" program which will help mark each seasonal event. Just as the Bob Hope Chrysler Classic marks its arrival each year with banners, the City of La Quinta will "mark" each seasonal event with the placement of an item which symbolizes the event. This might include a candy cane to represent the Holiday in the Village, or a quail silhouette to represent the community month. These icons can be placed at major intersections and at City Hall. Smaller versions could be reproduced as banners attached to light fixtures. A detailed program with related costs will be developed and presented. Depending upon budget constraints, implementation of this program may be deferred to next year. (Implementation of this program may require modifications to the sign ordinance.) Dine La Quinta Expand the Dine La Quinta program with the use of a card rather than a coupon book. Program participants will be able to just show their card to receive discounts. • Will allow program to be year round • Will allow restaurants more flexibility • Will allow retailers to participate as well Live La Quinta Run Live La Quinta ads during weekends when holi,..ays and big events such as the 1 Bob Hope Chrysler Classic and Skins Game are occurring to encourage visitors to look at homes in La Quinta while they are in the Valley. 2-bo 014 a 9 Economic Development Campaign Continue economic development activities with the creation of a new infomercial, TV commercial and print ad. • The infomercial will be an overview of the City, its lifestyle and history. However, the primary focus will be on development opportunities. The infomercial and the TV commercial will be broadcast some in the market to reach business owners while they are here for the major season/leisure activities. However, the infomercial and the commercial will also be placed in specially selected cable systems in targeted areas throughout the Inland Empire and Orange County. The video will also be duplicated and used as a fulfillment item when interest has been expressed, or when a prospect has - been deemed very desirable. • A new print ad will be created and run in regional business publications. Gamby the Quail Gamby will participate in the following community activities with a parade float, which will be customized for him. It will take the shape of a quail's nest with a ramp down the back for access. It will be powered by a modified golf cart. • Golf Cart Parade (Palm Desert, the first Sunday in November) • Festival of Lights Parade (Palm Springs, in December) • Date Festival Parade (Indio, on Columbus Day) D 015 a ■ 7 A "platform" will also be created for Gamby which emphasizes recycling to help reinforce AB 939 programs. Kiner/ Goodsell will create stickers and other collateral materials for giveaways during Gamby's appearances and through schools. Can be expanded with special programs to reward recyclers at schools, businesses, residences, etc. Coordination will be done with Waste Management to ensure facets Iof programs do not duplicate. Economic Development Booth/Display Update the City's economic development booth display for use at the NAFTA show, ICSC, the Date Festival, the Business Expo and other relevant shows and events. Collateral Materials The City's economic development collateral materials will be updated and reprinted as needed. Public Relations As part of the retainer, Kiner/Goodsell will continue .to provide public relations services through writing and distributing press releases on issues and events within La Quinta. In addition, all coordination, account services and meetings are provided for through the retainer. 016 r y N y a I I I I I I Summary These programs position the City of La Quinta as a community which cares about its residents and welcomes new businesses and individuals to enjoy the same quality of life. Several of these events will bring people from out-of-town to support existing hospitality venues in the City while exposing them to all La Quinta has to offer. c&ht 4 4a Qumt COUNCIL/RDA MEETING DATE: July 20, 1999 ITEM TITLE: Consideration of Marketing Plan and Contract Services Agreement with Kiner/Goodsell Advertising for Fiscal Year 1999-2000 RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: ATTACHMENT 5 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The proposed marketing budget for Fiscal Year 1999-2000 is $217,500. This -amount includes a consultant retainer of $4,000 per month; therefore, the amount allocated to marketing programs is $169,500. The Fiscal Year 1999-2000 Preliminary Budget includes sufficient funding to support this request, as shown in the Marketing Budgets included as Attachments 1 and 2. Attachment 1 outlines the funding allocation by account as included in the Preliminary Budget and Attachment 2 outlines the costs associated with each program included in the Marketing Plan. The marketing budget was $154,885 for seven months (December — June) of Fiscal Year 1998-99. This amount included a retainer of $3,750 per month, with the remaining $128,635 allocated to marketing programs. CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support and promote economic development." The services provided by Kiner/Goodsell will encourage, support and promote economic development. BACKGROUND AND OVERVIEW: The City Council considered the Fiscal Year 1999-2000 Marketing Plan prepared by Kiner/Goodsell at the July 6, 1999 City Council meeting, and continued it for q 018 consideration to today's meeting. Included as Attachments 3, 4 and 5 are the staff report, the Fiscal Year 1999-2000 Marketing Plan, and Contract Services Agreement submitted to the City Council on July 6. Kiner/Goodsell's Marketing Plan includes programs to encourage businesses to locate in La Quinta, encourage residents to dine and shop in La Quinta, and attract visitors to dine, shop and buy a home in La Quinta. In addition to traditional economic development, the Marketing Plan includes community events programs that attract visitors to La Quinta and enhance the sense of community which attracts new and retains current residents and businesses. Staff met with Kiner/Goodsell regarding the July 6 City Council discussion of the Marketing Plan. It was noted that there was some Council Member concern expressed regarding the level of participation by Kiner/Goodsell in the creation of, and participation in, community events. The Marketing Plan includes the creation of a Holiday in the Village event and a Taste of La Quinta event, as well as limited participation in other community activities through a seasonal signage program and parades. Provided as Attachment 6 is a Marketing Plan Addendum from Kiner/Goodsell clarifying their intent behind the Marketing Plan as originally submitted. It should be noted that the Marketing Plan does not include funding or programs for Kiner/Goodsell to specifically market the La Quinta Arts Festival, the Community Picnic, Oktoberfest or the Mariachi Festival. Kiner/Goodsell did propose to explore and develop costs and alternatives for a seasonal events signage program to create a festive air in La Quinta preceding and during four seasonal events. These signs would be placed at major intersections, along major arterials, and at City Hall. It was anticipated that the signs would be developed in conjunction with the La Quinta Arts Festival in March; the Community Picnic in May; either the Mariachi Festival, Oktoberfest, or Dine La Quinta in September/October; and the proposed Holiday in the Village event in December. A small amount has been budgeted for signage in this year's marketing budget. Depending on the costs of the signs selected, implementation of this program may be deferred to next year. Additionally, implementation of this program may require modifications to the sign ordinance. The following are programs related to community events along with the associated budget amounts: Taste of La Quinta Event & Advertising $16,807 Holiday in the Village Event & Advertising $21,330 Seasonal Events Signage $6,577 Parades $4,478 on Staff is seeking direction from the City Council regarding Kiner/Goodsell's level of participation in community events. The City Council may wish to: 1) Approve the Marketing Plan as submitted; 2) Redirect all or a portion of the community events related programs and associated funding levels to more traditional economic development marketing programs; or 3) Eliminate a portion of these programs and associated funding levels from the Marketing Budget. If all or a portion of the funds are redirected to more traditional economic development activities, some ideas for the redirection of these funds include: • Exploring national print media advertising. • Exploring national trade publications advertising. • Hosting an event in La Quinta for the Palm Desert ICSC Conference participants in October. • Increasing the frequency of local television spots at selected times. • Adding television spots at selected times on cable systems throughout Southern California. • Billboard advertising on 1-10. • Billboard advertising in Los Angeles. Kiner/Goodsell has allocated a number of retainer hours to the coordination of the community events related programs as outlined in the Marketing Plan. If the City Council chooses to eliminate the community events related programs, or at least the Holiday Village and Taste of La Quinta, without redirecting the marketing efforts, Kiner/Goodsell has proposed reducing the monthly retainer to $3,400 per month. Other variations to the proposed Marketing Plan may be cause to negotiate associated retainer adjustments accordingly. Also on July 6, the City Council discussed the need for notification to residents regarding the upcoming public works projects. This notification was planned to be accomplished through press eleases completed as part of Kiner/Goodsell's retainer. If the City Council would like additional public notification, such as postcard mailers or radio spots, this could be accomplished through City Council redirection of marketing funds or by directing staff to explore other funding options (i.e. project funds, general fund reserves, etc.). Staff is prepared to make changes to the Contract Services Agreement and Marketing Plan pursuant to the City Council's direction. 020 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Marketing Plan as submitted by Kiner/Goodsell Advertising, and authorize the Mayor to execute the attached Contract Services Agreement for an amount not to exceed $217,500; or 2. Approve the Marketing Plan without certain community events related programs as directed by the City Council, redirect the funding to more traditional economic development programs as directed by the City Council, and authorize the Mayor to execute the attached Contract Services Agreement with changes for an amount not to exceed $217,500; or 3. Approve the Marketing Plan without certain community events related programs as directed by the City Council, eliminate funding for certain community events related programs as directed by the City Council, and authorize the Mayor to execute the attached Contract Services Agreement with changes for an amount to be determined by the City Council; or 4. Do not approve the Marketing Plan and do not authorize the Mayor to execute the attached Contract Services Agreement; or 5. Provide alternative direction to staff. Respectfully submitted, Linda Coyle, Management lyst City Manager's Office Approved for submission by: Thomas P. Genovese, City 'Manager Attachments: 1 . Fiscal Year 1999-2000 Marketing Budget by Preliminary Budget Account 2. Fiscal Year 1999-2000 Marketing Budget by Marketing Program 3. July 6, 1999 Staff Report 4. Fiscal Year 1999-2000 Marketing Plan 5. Contract Services Agreement 6. Marketing Plan Addendum 021 ATTACHMENT 6 K►NER / GO-O'DSELL A D V E [Z'' f ;,1` S I N G Marketing Plan Addendem Kiner/Goodsell was charged with marketing the City of La Quinta. As such, the City of La Quinta requires development of the "brand". A city is not just information and statistics. Cities have reputations, personalities, perceptions. What kind of "brand" is the City of La Quinta? We believe we would be remiss in our duties if we were to simply market the facts without working to enhance the brand identity of the city. Enhancing the city's brand identity is central to being successful at marketing it. As we all agree, there are several target markets when "selling" the city. They include: • Current residents - Certainly your constituency is crucial not only as your primary responsibility, but as a tremendous source of referrals for other individuals and business owners looking to relocate to La Quinta. • Potential residents - Whether they are relocating from within the Coachella Valley or from outside the area, new residents will help shape the future of the city. Are they optimistic and pleased about what the City is providing, and looking forward to participating in a "community" or are they simply drawn by housing values or a good location? • Current Businesses - Business retention and support is crucial as the City depends on tax revenues and good referrals to potential new businesses. • Potential New Businesses - How does a business owner decide to relocate to an area and bring his or her family? Knowing there is a 73-101 hy. 111, Suite 4 Palm Desert, California 92260 760-773-0290 fax760-773-1750 022 good economic climate for their business is but one factor. Were they first drawn by an event? Do they come for recreation? Did they see a commercial and decide to visit? Do they have a friend who lives in the city and convinces them it's a great place to live and work? • Potential New Shoppers/Diners - It's great to tell people what's available and wait for them to come, but a special reason which brings them to the area increases the odds they will visit and return. Kiner/Goodsell is working to improve the "product" while at the same time marketing it. Creating events like Holiday in the Village serve many purposes. They help give residents a strong sense of community, they draw people from outside the city to the area, and they present an opportunity for regional and state-wide press coverage. We believe there is a real opportunity to help fill a void in holiday events in the Coachella Valley. Besides the Trail of Lights at The Living Desert, the one -day Festival of Gingerbread Houses and the informal "event" of Minerva Street, there are no large scale planned activities in which families and individuals can participate. Kicking off the Dine La Quinta program with an event designed to showcase the participating restaurants also helps this program create a larger "footprint" in the mind of the public. Moving the program from a one-time use coupon book to a card which is valid year round also allows the restaurants to build upon customer frequency and makes it possible for retailers and others to participate. In regards to the Arts Festival and the Community Picnic, Kiner/Goodsell is simply exploring ways to create city signage to support these events. They are included to show how the City of La Quinta has the opportunity to "showcase" itself to residents, visitors and media on a "quarterly" basis. A 023 .m K I N E R / GOODSELL A D V E R- -T 1 S I N G La Quinta Marketing Plan Summary Revised Overview ATTACHMENT 7 Under the broad umbrella of increasing economic development, Kiner/Goodsell's marketing plan will concentrate on four components - Dine Shop Live Love La Quinta. Primary programs include traditional economic development efforts through television, print and related promotional programs, an expanded Dine/Shop La Quinta program, a Live La Quinta program aimed at attracting new residents, and an effort to support La Quinta businesses, such as the new Auto Mall. Under Love La Quinta, recycling programs will be carried out with Gamby as the spokesperson. He will also appear in parades as an ambassador for the City to help publicize the City to potential new businesses and residents. 73-101 Hwy. 111, Suite 4 Palm Desert, Califomia 92260 760-773-0290 fax 760-773-1750 02 Program Details Economic Development - You'll Love La Quinta An economic development infomercial will be created which will focus solely on benefits of locating a business to the City of La Quinta. It is designed to play in market during the height of the season and will be supplemented with spot commercials (:10/:30) during the heaviest tourist times (Skins Game/Bob Hope Classic, etc.) It can also be used to send to qualified leads. Regional cable broadcasting of the infomercial will also take our message to targeted areas within a specified radius. Local TV will be concentrated on News, morning news programs (GMA, Today, etc.) and prime access, while cable will be used to add frequency on upscale channels such as A&E, TNT and others. For the first time, national print (although zoned regionally) will also be a component of the economic development program, along with regional print and participation in the Desert Sun's Millennium special sections. These efforts will be supplemented with direct marketing aimed at executives visiting the area via the Desert Resorts Regional Airport, an event during ICSC to bring participants to La Quinta, and an event for the area commercial realtors and financial S 025 institution representatives to update them on the Village in La Quinta and other developing areas. The City's booth will also be updated for use at ICSC and other related shows. Press releases on information related to economic development will also be distributed on a regular basis. Collateral materials will be updated as needed. A citywide effort to welcome the opening of the Auto Mall will also be coordinated, to "enlarge the footprint" of the opening, and involve other merchants in it. This can take the form of citywide sales, a coordinated citywide drawing for a year's use of a new car, etc. A program will also be developed with the area restaurants for "Dinner and a Movie" to welcome and work with the new theater. Dine/Shop La Quinta A card will be utilized this year which can be distributed more efficiently and inexpensively than last year's coupon book. Using a card will also allow retailers to participate more easily. The card will only be valid for a set period of time (November - April), so that a focused emphasis may be placed on the campaign. The card will include information about each standing offer, and will be structured so residents will be able to take advantage of offers more than once, and merchants can enjoy increased frequency with which people patronize their businesses. 026 The existing Dine La Quinta television commercial will be revised, and radio advertising as well as print advertising in The Desert Sun and Post newspapers will help direct the market's attention to Dine La Quinta. Live La Quinta During the early Spring, Live La Quinta will be implemented. Building upon the brochure that was created this year, the program will be expanded with coordinated Open Houses and developer special events during a specific weekend. This effort will be supported with print and radio. Printed fliers will also be distributed throughout the Coachella Valley. The event will kick off with a welcome event for residential real estate agents. Recycling - Love La Quinta Under Love La Quinta, Gamby's recycling efforts will be implemented. Collateral materials which do not duplicate items currently in use by Waste Management, Scrap Gallery or others, will be created and distributed by Gamby during public appearances and at events. A related curriculum will also be developed which can be distributed to schools in conjunction with appearances by Gamby. Gamby will also appear in parades to share his recycling message and serve as an ambassador for the City. 027 Regular press releases on recycling programs at businesses, schools and in residential areas will highlight and support these efforts, and encourage high participation rates. Construction Mitigation - Love La Quinta Residents Love La Quinta, and even more so once the planned construction is completed. As long as residents are informed and understand what the benefits of the eventual outcome are, they will be patient. A guide to upcoming construction work will be developed and mailed to each La Quinta household, as well as distributed to the Chamber of Commerce and merchants who can inform visitors to the area about the construction and its goals and benefits. Gamby will be used as a graphic to make the communication as friendly as possible, and his use on notification signs is a possibility as well. A complete mitigation strategy, including press releases and regular updates, will be developed. 028 Summary This program has as its main thrust the distribution of the message that La Quinta is a good place to do business. Secondarily, this plan's focus is on potential residents and the support of existing businesses, both with the goal to enrich tax revenue. As current businesses are supported, they in turn serve as positive sources of information to potential business owners considering La Quinta. Information about construction efforts and recycling will appeal to residents and reinforce their belief that La Quinta is a good place to live. This means they will serve as positive referrals to those considering moving to the City. Pleasing current residents and businesses is a key component to attracting more of both. 029 ATTACHMENT 8 CONTRACT SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, (the "City") and KINER/GOODSELL ADVERTISING (the "Contractor"). The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services related to implementing a marketing and public relations program for the City of La Quinta, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). The Marketing Plan submitted by Kiner/Goodsell outlines specific components of the marketing and public relations program and is attached hereto as Exhibit "B" and incorporated herein by this reference. Contractor 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 Contractor's Proposal. The Scope of Services shall include the Contractor's proposal and bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of the proposal and this Agreement, the terms of this Agreement shall govern. 1.3 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. 1.4 Licenses, Permits, Fees and Assessments. Contractor 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. Contractor 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. 1.5 Familiarity with Work. By executing this Agreement, Contractor 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 030 Page 2 performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should the Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer (as defined in Section 4.4 hereof). 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, 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 Contractor shall not relieve Contractor from any obligation to correct any incomplete, inaccurate or defective work at no further cost to the City, when such inaccuracies are due to the negligence of Contractor. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, the Contractor shall perform services in addition to those specified in the Scope of Services (Exhibit "A") when directed in writing to do so by the Contract Officer, provided that Contractor 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. 1.8 Correction of Work. The performance of services or acceptance of information furnished by Contractor shall not relieve the Contractor from obligation to correct any defective, inaccurate or incomplete work subsequently discovered and all such work shall be remedied by the Contractor on demand without cost to the City. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in an amount not exceeding the maximum contract amount of two hundred seventeen thousand, five hundred dollars ($217,500), (the "Contract Sum"), except as provided in Section 1 .7. The Contract Sum includes payment of the Contractor's Monthly Contractor Fee as provided in Section 2.2. 2.2 Monthly Contractor Fee. The Monthly Contractor Fee paid to Contractor shall not exceed $3,400 per month to implement the City's marketing and public relations program, for a total of $40,800 through the Term of this Agreement. The Monthly Contractor Fee covers at least fifty (50) account service hours per month. 031 Page 3 These hours include basic account service including, but not limited to, client meetings (in person, by phone, fax or e-mail), strategic planning, budgeting, investigating PR opportunities, media relations, media placement, research, and production management. The Monthly Contractor Fee includes the writing and distribution of an average of two to three (2-3) local and regional press releases per month. The Monthly Contractor Fee covers meetings to include at least one in person meeting at La Quinta City Hall every two weeks, and weekly updates via telephone or e-mail on the alternate weeks. Contractor shall track all account services hours for this project and submit a list of account services hours and the associated tasks/work completed as part of a Monthly Status Report, as described in Section 2.7, to the Contract Officer by the 25`h of each month throughout the Term of this Agreement. Prompt and complete submission of the Monthly Status Report to the Contract Officer will assist in ensuring prompt payment of the Monthly Contractor Fee. 2.3 Costs for Marketing Plan Items. The Marketing Plan (Exhibit "B") submitted by Kiner/Goodsell outlines specific components of the City's marketing and public relations program. The amount paid to Contractor shall not exceed $1 76,600 for Marketing Plan items through the Term of this Agreement. The Marketing Plan includes cost estimates (plus or minus 10%) for graphic design, production, photography, etc. for all items contained in the Marketing Plan. These cost estimates shall remain in effect through the Term of the Agreement. Marketing Plan items will be invoiced separately based on the cost estimates included in the Marketing Plan. Cost overruns greater than the 10% included in the cost estimates must be approved by the Contract Officer prior to work commencing in order for full payment of work to be received by Contractor. 2.4 Vendor Services. Contractor shall act on the City's behalf to negotiate prices for vendor services. Vendor will be charged to the City at cost plus 20% to cover time and administrative costs. Vendor services include printing, talent, video and studio time. Vendor invoices shall be included with Contractor invoices in order to receive reimbursement. 2.5 Account Services Expenses. Contractor shall invoice account service expenses at cost, with no markup. These expenses include postage, long- distance telephone, and extraordinary travel outside of the Coachella Valley, as directed by Contract Officer (i.e. representation of City at a trade show outside of the Coachella Valley). Normal costs of doing business are absorbed in the Monthly Contractor Fee. 2.6 Additional Graphic Design and Production. The Marketing Plan includes cost estimates (plus or minus 10%) for graphic design, production, photography, etc. for all items contained in the Marketing Plan. Additional graphic design and production will be billed at the rate of $85/hour. Any production that is not 032 Page 4 included in the Marketing Plan will be estimated by the Contractor and approved by the Contract Officer in advance of work commencing. Such work will be authorized as described in the Section 4.8 of this Agreement. 2.7 Monthly Status Reports and Budget Updates. By the 25th day of each month throughout the Term of this Agreement, Contractor shall forward a written Monthly Status Report and Budget Update to the Contract Officer. The Monthly Status Report shall include all work items completed during the month, and work items anticipated to be completed in the upcoming month; as well as, a list of account service hours and associated tasks/work completed. The Budget Update shall include the current status of the budget including all items billed to date, total amount of budget expended, and total amount of budget remaining. The Monthly Status Report and Budget Update must be received in order to process payment of Monthly Contractor Fee and/or other invoices submitted by Contractor. Failure to submit the Monthly Status Reports and Budget Updates may result in withholding payment on invoices. Prompt and complete submission of the Monthly Status Report and Budget Update to the Contract Officer will assist in ensuring prompt payment of the Monthly Contractor Fee and invoices. 2.8 Method of Payment. Any month in which Contractor wishes to receive payment, Contractor shall submit to the City no later than the tenth (10th) working day of such month, in the form approved by the 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, (2) specify each staff member who has provided services and the number of hours assigned to each such staff member, (3) indicate the total expenditures to date, and (4) the total amount remaining to date. Such invoice shall contain a certification by a principal member of Contractor specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. Failure to submit the Monthly Status Reports and Budget Updates may result in withholding payment on invoices. Prompt and complete submission of the Monthly Status Report and Budget Update to the Contract Officer will assist in ensuring prompt payment of the Monthly Contractor Fee and invoices. 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 033 Page 5 Section 3.4. Extensions to the time period specified in Section 3.4 may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Section 3.4 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 the Contractor, 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 the Contractor 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 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 Section 7.8 of this Agreement, this Agreement shall continue in full force and effect from August 3, 1999 through June 30, 2000. 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Scott Kiner, Principal b. Lee Goodsell, Principal It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a material 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 Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contractor's Project Managers. Scott Kiner and Lea Goodsell shall through the duration of the Agreement term act as the Contractor's Project Managers for services required under this Agreement. Mr. Kiner and/or Ms. Goodsell shall attend all meetings with the City, answer phone calls from City, and act as the City's "point 034 Page 6 persons" for this project. As Project Managers, Mr. Kiner and Ms. Goodsell are providing extraordinary and unique services to the City that cannot be replaced or adequately compensated in money damages, and thus any unilateral assignment of the rights and duties of Kiner/Goodsell and/or Scott Kiner and/or Lea Goodsell will cause irreparable injury to the City. Therefore, the Contractor agrees that in the event of any assignment, change of ownership, merger, or change in partnership arrangement and/or Scott Kiner or Lea Goodsell is no longer with the Contractor for any reason, the entire Agreement at the City's sole discretion shall be rendered null and void, and shall discharge any and all duties which the City has under this Agreement. 4.3 Project Management of Scope of Services. Once task authorization is received, the Contractor shall have the sole and full responsibility for all aspects of project management and implementation of all programs and tasks including, but not limited to, the Dine La Quinta program, Live La Quinta program, business attraction program, and community events program. Such project management and implementation responsibilities include, but are not limited to, coordination with the media, businesses, restaurants, retailers, builders and the Chamber of Commerce; and distributing collateral materials produced for programs to City Hall, Chamber of Commerce, retail outlets, etc. All economic development leads shall be referred to the City Contract Officer for follow up. 4.4 Contract Officer. The Contract Officer shall be the Assistant City Manager of the City or such other person as may be designated by the Assistant City Manager of the City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor 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. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the 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. In the event that Contractor does not obtain prior written approval of City, the entire Agreement at the City's sole discretion shall be rendered null and void, and shall discharge any and all duties which the City has under this Agreement. 035 Page 7 4.6 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor 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. Contractor 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. 4.7 City Cooperation. The City shall provide Contractor with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to the City. The City shall additionally provide Contractor staff assistance and shall take prompt and appropriate action when it will assist in ensuring and timely performance by Contractor hereunder. 4.8 Task Authorization. The approval of the Marketing Plan by the City Council and/or the execution of this Agreement by the parties hereto does not constitute an authorization to proceed with the work specified in said Agreement. The Contract Officer shall separately authorize Contractor to proceed on the tasks in the bi-weekly in -person meetings. Contractor shall have no claims for compensation for services on all or part of any work task upon which the Contract Officer has not authorized Contractor to proceed. 4.9 No Changes to Work Required. Contractor shall make no change in the character or extent of the work required by this Agreement, except as may be authorized in writing by City. Such supplemental authorization shall set forth the specific changes of work to be performed and any related extension of time and/or adjustment of fee to be paid to Contractor by City as provided for in Sections 1 .7 and 9.3 of this Agreement. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. The Contractor shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's acts or omissions rising out of or related to Contractor'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 Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be 036 Page 8 delivered to and approved by the City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Less than $50,000 $50,000 - $300,000 Over $300,000 Coverage (personal injury/ property damage) $100,000 per individual; $300,000 per occurrence $250,000 per individual; $500,000 per occurrence $500,000 per individual; $1,000,000 per occurrence The Contractor shall also 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 the Contractor, its officers, any directly or indirectly employed by the Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor'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 Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the City prior to commencement of the services hereunder. Contractor shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws. 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 of proposed cancellation to City. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the City, its officers, employees, contractors, subcontractors or agents. 5.2 Indemnification. The Contractor shall defend, indemnify and hold harmless the City, its officers, officials, employees, representatives and agents, from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by the City) and for errors 037 Page 9 and omissions committed by Contractor, its officers, anyone directly or indirectly employed by Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement, except to the extent of such loss as may be caused by City's own active negligence, sole negligence or willful misconduct, or that of its officers or employees. 5.3 Remedies. In addition to any other remedies the City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the 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 the Contractor to stop work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor 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 the City may have and are not the exclusive remedies for Contractor'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 Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. By the 25" day of each month throughout the term of this Agreement, Contractor shall forward a written Monthly Status Report and Budget Update to the Contract Officer. The Monthly Status Report shall include all work items completed during the month, and work items anticipated to be completed in the upcoming month; as well as, a list of account service hours and associated tasks/work completed. The Budget Update shall include the current status of the budget including all items billed to date, total amount of budget expended, and total amount of budget remaining. The Monthly Status Report and Budget Update must be received in order to process payment of Monthly Contractor Fee and/or other invoices submitted by Contractor. Failure to submit the Monthly Status Reports and Budget Updates may result in withholding payment on invoices. Prompt and complete submission of the 038 Page 10 Monthly Status Report and Budget Update to the Contract Officer will assist in ensuring prompt payment of the Monthly Contractor Fee and invoices. 6.2 Records. Contractor 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 principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 6.3 Ownership of Documents. All materials, whether in hard copy or electronic form, which are prepared by Contractor, its employees, subcontractors or agents in the performance of this Agreement including but not limited to taglines, mascot, mascot name, mascot costume, mascot likeness, "Quail Quill", logos, names, film, artwork, transparencies, articles, editorials, press releases, ads, videos, scripts, collateral materials, photography, photo library, graphics, web site design and artwork, and other written or graphic documents and exhibits; shall, upon payment by City for same, be the property of the City. Such items shall include any and all drafts, designs, mockups, drawings and completed materials. During the term of the Agreement, these materials, other than printed collateral materials, will generally remain on Contractor premises under City ownership. Such materials owned and paid for by the City shall be used exclusively in Contractor work for the City. Contractor shall not use City owned materials for any other purpose or client without prior, express written authorization from the Contract Officer. Upon the termination of this Agreement or upon earlier request of the Contract Officer, all above -listed materials shall be delivered to City, and Contractor 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 materials hereunder. Contractor shall cause all subcontractors and vendors to assign to the City any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages suffered thereby. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor 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. Contractor shall not disclose to any other private entity or person any information regarding the activities of the City, except as required by law or as authorized by the City. 039 Page 11 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 Contractor 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, the City may take such immediate action as the 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 Contractor sufficient funds to compensate City for any losses, costs, liabilities or damages it reasonably believes were suffered by City due to the default of Contractor 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 nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contractor 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 Contractor. 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 040 Page 12 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 7.9 for termination for cause. Both parties to this Agreement reserve the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor 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 Section 6.3 or such as may be approved by the Contract Officer, except as provided in Section 7.3. Contractor shall keep adequate records to substantiate the cost claimed. 7.8 Termination For Default Of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the 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; NON-DISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 1 Y"1 041 Page 13 8.2 Conflict of Interest. No officer or employee of the 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 effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. Contractor hereby covenants that it has, at the time of the execution of this Agreement, no interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement, nor shall it acquire any such interest at any time during such performance of services. Contractor further covenants that during the performance of this Agreement, no person having any such interest shall be employed by Contractor. 8.3 No Future Conflict of Interest. While under contract to the City, Contractor shall not for any new or existing client, bid on or accept any projects or contracts related to or including marketing, advertising and public relations for a Coachella Valley based city, travel or tourist area for economic development related purposes. Such action will be deemed a conflict of interest and the entire Agreement at the City's sole discretion shall be rendered null and void, and shall discharge any and all duties which the City has under this Agreement. City at its sole discretion shall determine whether an action is deemed to be a conflict of interest. 8.4 Covenant against Discrimination. Contractor 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, disability or ancestry in the performance of this Agreement. Contractor 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, physical disability, mental disability, medical condition, age or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to 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 Page 14 communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section 9.1. To City: CITY OF LA QUINTA 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 Attention: Mark Weiss, Assistant City Manager To Contractor: Kiner/Goodsell Advertising 73-101 Highway 1 1 1, Suite 4 Palm Desert, California 92260 Attention: Scott Kiner 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, 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 effect 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. 043 Page 15 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: ATTEST: SAUNDRA L. JUHOLA, Secretary APPROVED AS TO FORM: CITY OF LA QUINTA: Ns DAWN C. HONEYWELL, City Legal Counsel Dated: THOMAS P. GENOVESE, City Manager "CITY" KINER/GOODSELL: go Name: Title: "CONTRACTOR" 04LI EXHIBIT "A" SCOPE OF SERVICES 1 999-2000 Contractor shall receive a Monthly Contractor Fee to implement the City of La Quinta's marketing and public relations program. The Monthly Contractor's Fee covers at least fifty (50) account service hours per month to include: • Full responsibility for all aspects of project management and implementation of all programs and tasks listed in the Revised Marketing Plan, including, but not limited to: • Dine La Quinta program • Shop La Quinta program • Live La Quinta program • Business attraction program (infomercial, one 30-second TV commercial, three 10-second TV commercials, and print advertising► • Economic development booth • Parade floats • ICSC event planning and coordination • Financial institution/realtor event planning and coordination • Regional airport direct marketing effort • New business (including the automall and theaters) opening promotions • Construction mitigation direct mail and public relations program • Car wash program • Seasonal events signage • Project management and implementation responsibilities include, but are not limited to, coordination with the media, businesses, restaurants, retailers, builders, financial institutions, developers, regional airport and the Chamber of Commerce; and distributing collateral materials produced for programs to City Hall, Chamber of Commerce, retail outlets, restaurants, regional airport, financial institutions, developers, etc. • Basic account services • Client meetings (in person, by phone, fax or e-mail), including at least one in person meeting at La Quinta City Hall every two weeks, and weekly updates via telephone or e-mail on the alternate weeks • Strategic planning • Budgeting • Investigating public relations opportunities ,31 045 • Media relations • Media placement • Research • Production management • An average of two to three (2-3) local press releases per month • Tracking of account services hours • Completion of Monthly Status Reports to include all work items completed during the month, and work items anticipated to be completed in the upcoming month; as well as, a list of account service hours and associated tasks/work completed. • Completion of Monthly Budget Updates to include the current status of the budget including all items billed to date, total amount of budget expended, and total amount of budget remaining. • Assume responsibility for project accuracy upon approval of direction and specifications from Contract Officer. • Practice and assume responsibility for quality control throughout the Term of the Agreement, including but not limited to checking for defects, errors in design, page composition, format, misspelled words, print and color specifications prior to delivery to City. • Assure timely delivery of work items. 32 046 T4tyl 4 s4,Qur«rw AGENDA CATEGORY: BUSINESS SESSION: August 3,1999 COUNCIL/RDA MEETING DATE: CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of a Request From the Student Creative PUBLIC HEARING: Recycle Art Program (SCRAP) Gallery Requesting Financial Assistance RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: The 1999-2000 Budget contains a "Community Promotion" line item under Account #101- 403-605-542, Recycling Programs in the amount of $10,000. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: This item was on the July 20, 1999, City Council agenda (Attachment 1) as a Business Item. The City Council continued the item to August 3, 1999 and requested a budget report from SCRAP. Attachment 2 is the information received pursuant to Council's request. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. As deemed appropriate by the City Council; or 2. Provide staff with alternative direction. ectfully subm Herm ommunity Development Director CCJH.006 Approved for Submission by- /J r ff /Thomas P. Genovese, City Manager Attachments: July 20, 1999 City Council staff report 2. Letter from SCRAP dated July 28, 1999 with budget ti t 00�) CCJH.006 T4ht 4 4 Q" ATTACHMENT#1 AGENDA CATEGORY: BUSINESS SESSION: 7 July 20,1999 COUNCIL/RDA MEETING DATE: CONSENT CALENDAR: ITEM TITLE: Consideration of a Request From the Student Creative Recycle Art Program (SCRAP) Gallery Requesting Financial Assistance RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: STUDY SESSION: PUBLIC HEARING: The 1 999-2000 Budget contains a "Community Promotion" line item under Account #101-403-605-542, Recycling Programs in the amount of $10,000. BACKGROUND AND OVERVIEW: On December 3, 1996, Student Creative Recycle Art Program (SCRAP) requested $10,000 from the City to support their programs. On January 21, 1997, the City Council approved the allocation of $2,500 from the Special Projects Contingency Fund as a one time contribution and further directed staff to consider utilizing AB939 funds during budget discussions for Fiscal Year 1997/98 (Attachment 1). In Fiscal Years 1997/98 and 1998/99, the City Council allocated $2,500 for SCRAP in the AB939 Community Promotions Fund, based upon their completion of the Community Services Grant Reconciliation Report. After they completed and submitted the report, they received the funds. During the 1 c99/2000 budget discussions, reference to Community Promotions - SCRAP withhi the AB939 budget was eliminated and not specifically identified in the budget. The AB939 Community Promotions budget does identify a $10,000 line item. On Council's agenda tonight is consideration of the Kiner/Goodsell Advertising contract for Fiscal Year 1999/2000, of which $6,500 of the $10,000 is being requested for recycling promotions. If this allocation is approved it would leave a balance of $3,500 in the AB939 Community Promotions budget. On June 21, 1999, staff received a request from SCRAP for $10,000 (Attachment 2) for Fiscal Year 1 999/2000. .J • �1 CCJH.006 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: As deemed appropriate by the City Council; or 2. Provide staff with alternative direction. Respectfully subm' ted, er Herma , Community Development Director Approved for Submission by: (lJ Thomas P. Genovese, City Manager Attachments: 1 . January 21, 1997 City Council minutes 2. Letter from SCRAP dated June 21, 1999 CCJH.006 • * ATTACHMENT #1 (July 20, 1999) City Council Minutes 4 January 21, 1997 requirements and staff anticipates no problem with proceeding with the application. Mayor Holt felt that Option No. 1 should be supported at a very least and wished to have Option No. 2 brought back during a stu session to discuss how the City can support small businesses through economic assistance program as opposed to revising the fee schedule. MOTION - It was moved by Council Members S f/Adolph to instruct the City Attorney to prepare a Participation Agreeme with the owner (Fred and Kay Wolff) that would allow assistance for th bed and breakfast facility; direct staff to look into the possibility of a all Business Economic Assistance account for businesses that would gen ate income for the City and establish an amount that could be made av able to any small businesses needing assistance to pay processing fees. Council Member Perkins advis that, although, the applicant has been very critical of him personally, he I support the motion because his responsibility is to support things that ar in the best interest of the City. Motion carried unanimously. MINUTE ORDER NO. 97-04. 2. CONSIDERATION OF A REQUEST FROM THE STUDENT CREATIVE RECYCLE ART PROGRAM (SCRAP) GALLERY REQUESTING FINANCIAL ASSISTANCE. Mr. Herman, Community Development Director, advised that on December 3, 1996, Council received a letter from Ms. Doris Mechanick on behalf of the Student Creative Recycle Art Program (SCRAP) asking the City to allocate $10,000 for this program from its AB939 fund. He advised that SCRAP is an environmental and arts education program for children in grades K-8 in Riverside, San Bernardino, and Imperial Counties with emphasis on students in the Coachella Valley. There are no funds available in the AB939 Fund at this time as they have all been committed to other projects. Should the Council wish to support this program, funds would have to be allocated from the Special Projects Contingency Fund that has a current balance of $22,980 or from the General Fund Reserve Account. Doris Mechanick, 45-835 Pawnee Road, Indian Wells, Board Member of SCRAP, advised that 2,300 children, including students from La Quinta, have signed up for the program. She further advised that the Gallery is located at the Indio Fairgrounds and will be open during the Date Festival. She hoped r City Council Minutes 5 January 21, 1997 that Council would consider using the General Fund to support this program since the AB939 funds have all been committed to other projects. In response to Council Member Adolph, Ms. Mechanick advised that Desert Sands Unified School District has approved the program. Indio, Indian Wells, and Rancho Mirage have each approved contributions to the program and they expect a contribution from Cathedral City as well. In response to Council Member Adolph, Karen Riley, Executive Director of SCRAP, advised that the materials used would otherwise go to the landfill and the art that is displayed in the Gallery is changed on a continual basis. In response to Council Member Sniff, Ms. Riley advised. that selected manufacturers' scrap parts from skateboards, surf boards, clothing, etc. are used for the art and they work with local businesses to salvage trash for the program that would otherwise go to the landfill. Council Member Sniff asked if they were looking for some type of contractual relationship on an annual basis to which Ms. Mechanick responded yes. In response to Mayor Holt, Mr. Herman advised that he didn't know if there would be any AB939 funds available for the program next year. in response to Council Member Sniff, Ms. Mechanick advised that they are expanding their Board of Directors and will be looking for all participating cities to appoint a representative to their advisory council, noting that they wish to provide the educational component of the City's AB939 program. Council Member Sniff felt,that it's important for the cities who provide financial support for this program, to have some meaningful role and business connection to the organization, pointing out that the program will need some type of continual financing. He felt that a program outline should be provided with some type of well-defined, written agreement so that the City knows what tr expect and could deal with it as a potential budget item. Ms. Mechanick advised that they have an annual contract with Rancho Mirage and are willing to provide one for La Quinta. Council Member Henderson advised that she wholeheartedly supports the program and would support the City contributing materials for it. She asked if there were any plans to sell some of the art pieces to generate revenue. �.J City Council Minutes 6 January 21, 1997 Ms. Mechanick advised that the children take their art pieces home in hopes of educating their families about recycling, but the organization intends to be as self-sufficient as possible by having fundraisers. Council Member Henderson advised that she has spent the last year trying to get a policy in place for such requests, but didn't feel that City funds should be used for this type of educational program. She couldn't support a contribution other than materials because she felt that that's the only way the program can help the City meet its AB939 goals. Council Member Perkins advised that he couldn't support using the Special Projects Contingency Fund or General Fund for this program and felt that it should be dealt with during the budget process. In response to Council Member Adolph, Mr. Herman advised that a contribution to this program could be budgeted next year from A8939 funds by reducing another A6939 program. Ms. Mechanick advised that they are looking for start-up funds at this time and will be seeking AB939 funds in the future. Council Member Sniff felt that it's a worthwhile program and supported using the Emergency Reserve Fund for a contribution now and possibly AB939 funds next year. He wished to see a contractual arrangement developed on an annual basis so Council can determine annually if the program is functional and beneficial to the City. Mayor Holt supported the program and wished to see it discussed during the budget process for the purpose of including it in the AB939 funding. She was hesitant to use the Emergency Reserve Fund and suggested that $5,000 be allocated from the Special Projects Contingency Fund. In response to Council Member Adolph, Ms. Mechanick advised that they plan to hold fundraisers and apry for grants to provide funding. Council Member Adolph advised that the City has its own financial obligations, but he would support some type of contribution. Council Member Henderson advised that she would support using any excess AB939 funds in the future for this program as long as it's part of the budget process. r City Council Minutes 7 January 21, 1997 MOTION - It was moved by Council Members Sniff/Adolph to direct staff to research this item (Students Creative Recycle Art Program funding request) and consider it during the budget process utilizing AB939 funds for FY 97/98 and, further, at this time that the City make a one-time contribution from the Special Projects Contingency Fund of $2,500. Council Member Henderson wished the motion had been split, but advised that she would support it. Motion carried unanimously. MINUTE ORDER NO. 97-05. Council concurred on taking up Business Session Item No. 7 at this time. 7. CONSIDERATION QF REQUEST FROM LA QUINTA HIGH SCHOOL STUDENTS FOR FINANCIAL CmNTRIBUTION FOR EUROPEAN TRIP. Mr. Weiss, Assistan City Manager, advised that on December 17, 1996, Council received a re est for financial assistance from three La Quinta High School students who ish to participate in an educational tour of Europe, noting that one student s withdrawn her request. The students are seeking reimbursement for their servations through a contribution by the City and their own fundraising eff ts. Erica Abarca, 50-735 Calle Q ito, and Stephanie Webster, 51-295 Eisenhower Drive, felt that this would be non-stop educational experience of a lifetime and advised that they've collec d a total of $474 through various fundraising efforts and $675 through wor g and from their parents, making a total of $1,109. The total cost of the rip for both students is $2,872, leaving a balance to pay of $1,763. In response to Mayor Holt, Miss. A rca advised that a total of 12 La Quinta High School students are going on he trip. She stated that she and Miss Webster are willing to do communi servic work in appreciation of any donation from the City. In response to Council Member Sniff, Mis Abarca advised that the program is sponsored by the Social Studies Departme and that the trip begins on March 27th. Council Member Adolph felt that the City set Vrecedent by not supporting a similar request in the past from a student g 'ng to Washington D.C. He advised, however, that he would make a personal contribution as he did for the ATTACHMENT #2 (July 20, 1999) June 21, 1999 ]l�►'A � vr.e#lcn�M NCIb� �j f.[. b L K ; b S{. Mr. Jerry Herman Community Development Director City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Dear Jerry: Honorary Chairman Supervisor Roy Wilson Board of Directors mad" Gin DorisD��y oris Mechaanick •loo-lo 0sidant Adele tendon So- tery Dane Pease ltem er Wiliam o'roole M-11 r-at-Large Karen Raley Executive Director The S.C.R.A.P. Gallery (Student Creative Recycle Art Program) respectfully requests inclusion in the FY 1999-2000 budget. As part of the Integrated Waste Management Act of 1989, your city is required to prepare and implement, as part of the State -approved "Source Reduction and Recycling Element" (SRRE), a comprehensive, proactive, educational effort targeting school -age children in particular. Cities are also required to divert 50% of all solid waste away from the landfill by the year 2000. The penalty for failure to meet this mandate is a $10,000 per day fine. The S.C.R.A.P. Gallery program targets school -age children in the Coachella Valley, from preschool through 12th grade. Our mission is to develop and implement art experiences from recycled materials that actively engage all youth as stewards of their environment. S.C.R.A.P. serves and works with all valley schools, both public and private, and businesses and individuals to divert materials that would ultimately end up in the landfill. S.C.R.A.P. services provided include: Field trips to the S.C.R.A.P. Gallery for all La Quinta children" Curriculum and material reuse consultation and support to teachers Environmental education presentations Materials exchange coordination for local businesses and local residential pick-ups " Special days at the Gallery for city residents Children's activities/programs to be scheduled on a periodic basis in your city including participation in the Riverside County Fair & National Date Festival (1999 attendance 273,244) Earth Day Events and Student Poster Contest S.C.R.A.P. has been extremely successful in its programming due to the commitment and support of valley cities including Indio, Palm Desert, Cathedral City, La Quinta, Rancho Mirage, Indian Wells, Coachella and the County of Riverside. The Gallery has expanded its facility to meet the needs of our student population and in 1999 added a new educational and interactive exhibit called "Our Urban Environment" donated by a major cultural/scientific institution. The S.C.R.A.P. Gallery has received the following recognition for its program: S.C.R.A.P. Gallery 82204 Highway 111, Ste. C117 Indio, CA 92201 760/863 7777 fax 7601863-8973 e-mail scrapgalleryQearthlink.net The S.C.R.A.P. Gallery is a 501(c) (3) nonprord organization, federal tax Identification number 33-0717794 — 4 t a. 0 1998 Clean Cities Award, Best Grassroots Organization California Integrated Waste Management Board, 1998 & 1997 Waste Reduction Award Winner (WRAP) City of Indio Cultural Arts Commission Organizational Award In addition to our current program acheivements, we have developed a recycled clay and decorative tiles called EnviroCotta. The S.C.R.A.P. Gallery is underway on a mural at our facility. At this time, we are asking for funding in the amount of $10,000. However, we can tailor our program to meet your requirements. To date, we have processed more than 65,000 children through our program, exclusive of the Date Festial where 273,244 saw your city's name and participation as a S.C.R.A.P. Sponsor. We have also diverted more than 75,000 pounds of trash. I have attached additional information for your review and I believe that you will find that the S.C.R. A.P. Gallery through its activities and programs, provides extensive awareness and opportunities for students to participate in the Four R's — Reduce, Reuse, Recycle, Responsibility. I look forward to the S.C.R.A.P. Gallery's continued relationship with City of La Quinta. Thank you for your attention and cooperation. `Sincerely, Marilyn Glassman President y o 3 L sL $ E � O N L T C7 � O a � � a Q 80 , �' C c mv 2 ._ N Em o f° C h m C:in'Em.�m a� g �.E E� d -m `o ¢� k 4 Zia tq`g C) LL W d $ tE� Q 7L32 yj b v_ C BE i s d � a z � W z � c� d S c E o � E d Nco m= M O N W- 1 N m zap O - d U t d W ; W J c� LL A Up F7 3 L C rz c C 'Coc y m c o c � W m C w y 0 m C x z W c «S m c m L m n >C S t > c m 40 U5 CD _ m W O C U m p n W c a "c m m m p � m W Q O L (j 9 m m U -nL a6 W m a L yL• W � F c m e cc Ah c o of —r- W a m W -� m m ZC,m E U c d c o c a `n jQ W m W e i m e > N o o co 0 nU m v m 0 E c m� W m E C m O 8 L w 7 y ' O L -2 O fA V1 r c° � L y W m E m T'2 = O ` c C, O O_ 9 y W O t d O ai U Q N L ID m "C W W C Lj v7 W x 6 Cn vS E n S; _ L m O c W N E U F- » cc 8 � m m o E E G ca W El 'o c- co W cEo m 6 2 ►. .�._. - 2 2. m c+� - Y M. 5 m m 8cc � U C� m Cj O W c H z mtc H W CC `p >, a c �C W r' 3rj W i4 o WI cD o c O Co c � 3 r = U c U o W t p W = c. o 6 8 1 m a � U v co W T-0 m WL2) v ao tbbdd �6�—d a m O m > R. m E CA W L l0 m E , C O m n W W 0 tO O c wp a- m T m z E c c- W C 0 8 m tc Q' Oo -- m? T�O W p 8 8 m� LL s c� m� 'v m m c cc°i c O 2= m E E m > QQQ 3 i9 '� m L O Y� ID OL� 0I~ L O L O W C 8> W W m em �--- = W W 20 7 C tq O W W � a O 8 � m fff000 c c a c m m m m n X SID m I c N G C > c p N O O CN c Q cu n� � n- o�E U�v ao ViO cu¢ c cn L >+p cr-UL CM _ aUQ0 >N C� C> c6 V) CD ca 5 (OQ OCD c Z O to V u 0- cBcu - .� u Q W ,CD O O O O cu O CL cA Q O C cu _O L a _� V C c CD Qi •� U p 0 X O= Q .� -0Q O N Q V O O a O "O O O v Q Co C O coc� t Q70 � 0- "a: O O (/7 'a C W cn N c cu An cu� LL N (a O N -a � -a cn Y � O cn o � .= cio NC cu � -a a) w p O M E cv cn O a)O a)O� Q O OL •«= O F— .n O —I U Q L C ram-+ •.i'- co Q) co U N O O Gi o 'u r W 0 ors c c — vCkt a �a c m a tx c vQ � U— c O � o Q o c d � 0 > Up y CL c Q W c 't -v w �U d a poa, oho °': z U Q o dU U= SUPPORT THE PLANET S.C.R.A.P C,alle►-j Students in the Coachella Valley can share their design for a better world starting this Earth Day, April 22,1999. We all have a stake in cleaning up and taking care of the world we live in. You can play an important role everyday by practicing the Four R's - Reduce, Reuse, Recycle, Responsibility for your environment and expressing your thoughts and creativity with the S.C.R.A.P. Gallery's Earth Day Poster Contest. All entries received will be on display in a special exhibit at the S.C.R.A.P. Gallery located at the Riverside County Fairgrounds in Indio during April in honor of Earth Day and Keep California Beautiful Month. Posters will also become part of a local traveling exhibition. Three posters in four grade/age categories will be selected by a distinguished panel of judges for inclusion in an official Commemorative Earth Day Calendar for the Year 2000. To enter, complete the form below, include your parent's or guardian's signature and attach to your original poster entry. Send to the S.C.R.A.P. Gallery, 46-350 Arabia Street, Indio, CA 92201 by April 30,1999. For more information, call 863-7777. STUDENT GRADE DIVISIONS K-2 6-8 3-5 9-12 NAME GRADE ADDRESS PHONE Rules & Eligibility 1. Student must live in the Coachella Valley. 4. All entries must be received by 5 p.m. at the S.C.RA.P. Gallery on April 19,1999. 2. Posters should be no larger than 9" x 24°. 5. Form must be signed by parent or guardian. 3. Poster must relate to the theme of Earth Day and/or the environment. 6. One entry per student. Permission for student participation and/or use of poster for publicity and publication purposes. Entries become the property of the S.C.R.A.P. Gallery. Signature of Parent or Guardian Date S.C.R.A F C,allery -cart% Day Poster CoKtest 5PO. 549red by Cou my OF Riversiae, cities of Catl.edral Cit.3, J..Aia- .Jells, J"O, La Qui. ra 0..A Ra ct o Kira9e. . Reduce, reuse, recycle is message at SCRAP Gallery BY SusAN HERENDEEN THE DESERT SUN 1NDIO = Most of the 1,600 children who celebrated Earth Day at the SCRAP Gallery in Indio had heard the message before. -But separating newspapers and soda cans from` regular household -trash had never seemed quite as fun, or quite as Singing the message: Bntney Mendoza (left) and Mawa§i; -a membet important, as it did on Thuts- perform as part of the SCRAP Environmental Playhouse program ThursdA day, the 30th anniversary of ' Earth Day. By the time three actors were More done with their play, the young- sters were dancing in the aisles Parks: Removing smog may take and chanting along with their 65 years, Gore says. A9 hero, James, who beat back a Earth Day: Protests and cleanups trash -spewing Jabberwocky that dominate celebrations. A10 threatened to kill the forest 'with her garbage. "Reduce, reuse; recycle," they "I like the funniest part, when chanted in unison. they were running and they A The actors from Imagination were fighting with swords,". said '- . Central, a children's theater Maribel Ponce, a second -grader �. group from Los Angeles, put at John F. Kennedy School in thei- environmental message in Indio. pr ,tty simple terms. ' " CLEAR MESSAGE: But the mes- TEAM WORK: The Earth can sage wasn't lost. µ only be saved if everyone pitches In between the wiggling and in, they said. The young audience nodded agreement. But it was a sword - fight between James and the Jabberwocky that really got their attention. "The best part was when James was fighting the Jabber- wocky," said Nicole DeLara, a second -grader at Cesar Chavez Elementary School in Coachel- la. giggling and the cheek -pinching most of the kids agreed that recycling is important. Some even interrupted their games of rock -paper -scissors to note that they separate their trash at home. The Student Creative Recycle Art Program, which sponsored the show, usually shows chit' dren how to make art out of household trash. SCRAP show: Grade -school child Imagination Central. at the SCRAP But Earth Day is- special and calls for something extra, said Karen Riley, who is the ex- ecutive director of the SCRAP Gallery.. Educators said they are glad to see the environmental message ']AY CALDERON,-THE DESERT SUN ren enjoy a performance by gallery. on Thursday. t gaining ground.',', "It's on the •lips 'of a' 10 of people," said ,Susie' -Hurter;;, a retired principal`who volunteers at the SCRAP Gallery. "Ten years ago; it was not as important." JUL-29-99 THU 09:43 AN RIU 00 FAIR FAX N0, 7608638973 ATTACHMENT #2 (August 3, 1999) Honorary G-"rairrnan a Supervisor Ro Wilson Board Of C)IreCtDrS NI-4'11pGla,.-smwi PrG&d8m Doris MaGhanick July 28,1999 Sacrcr�iry Donna Ped.2 Treasurer S.C.R.A.P. Gallery 8r�04 Highway 111, Stye. C',17 Indio, CA 92201 760fW-7777 fax 76W863-5973 e-mail scrarpgalteryQc:,arn7link,no1 The &CR.A.P, Gallery is a 501(c) �i] nonprofit organirabon, federal tax idenii€ication number 33-07177g4 L � 07_29_99 08=57 RECEIVED FROM=7608638973 P-0I JUL-29-99 THU 09:45 AN RIU 00 FAIR FAX NO, 7608638973 P. 02 �1,�[:E]M[T] [qAKWMMMK Qo0Fc�I]o �aM Ud I-R] Rfl [G:]rP]oo .I I \ r' ✓ t_ ; .� �'..� V t t The mission of the S_C.R.A.P. Gallery is to develop and implement art experiences from recycled and reused materials that actively engage all youth as stewards of their environment. The S.C.R.A.R Gallery will he a regional facility that addresses environmental responsibility, recycling and waste diversion efforts in a creative and thought -provoking, action -oriented mariner. The S.C.R.A.P Gallery will have concrete examples of merging daily life with art and the environment. Karen Riley lxeculive Director 1L11y m'v _L J 07-29-99 08:59 RECEIVED FROM:7608638973 P•02 JUL-29-99 THU 09:45 AN RIV 00 FAIR FAX N0, 7608638973 P,03 4ca 1 f P i + ♦ a ENVIRONMENTAL EDUCATION PARTICIPATION FIGUIZES School Year 11998-99 f y Field Trips N 20,543 Outreach 5,650 After School Program q3 &a)lery Attendance 273,244 TOTAL � �: � � 3004-080 The mission of the S.C..R A,P Gallery rs tO develop pod imp%mBnt arf experreeces {ram recyclad aad re iscd materials that actively engage all youth CS Stewards of their environment, • 07-29-99 08:59 RECEIVED FROM:7608638973 P - 0 3 JUL-29-99 THU 09:45 AN RIV 00 FAIR FAX N0, 7608638973 S.C.R.A_P, Gallery Proposed Budget PY 1999-2000 INCOME Grants 76,000 Donations 2.000 Cities 45,000 Riverside County/Fair 7,000 Field Trips 500 Special Events 1,500 Miscellaneous 5,000 INCOME TOTAL $135,000 EXPENSE Executive Director 42,900 Program Assistant 15,000 Conferences 1,000 Car Mileage/Allowance 1,000 Group Healthlflisability 2,000 Payroll Taxes 7,500 Professional Expenses 350 Personnel Total $69, 750 Fair 500 Earth Day 1,000 Special Events 1,000 Field Trips 500 Workshops 200 Outreach 200 Program Supplies 3,500 Van/Mobile Exhibit 15,000 Website 3,000 Program ActiWies Total $24 900 Fiowers/Gifts, etc. 250 Volunteer Luncheon 250 Cards 50 lnreacir Total $550 Equipment 1,000 insurance/Fire/Lia b. 2,500 RepairslMaintenance 250 Utilities 500 Capital Expenditures 2,000 Arrowhead 400 Postage 500 Tax & Licenses 250 Printing 2,000 Markefing 500 Dues & Organizations 850 Office Supplies 1,000 Bank Charges 100 Miscellaneous 1,000 P. 04 07-29-99 09:00 RECEIVED FROM:7608638973 P•04 JUL-29-99 THU 09:46 AN RIU CO FAIR FAX NO, 7608638973 P,05 Malenaf Pickup Film & Developing Exhibits Volunteer Training Operations Total EXPENSE TOTAL, 500 200 2,000 500 $111,250 $16, 050 07-29-99 09:00 RECEIVED FROM:7608638973 P-05 JUL-29-99 THU 09:46 AM RIU 00 FAIR FAX NO. 7608638973 P,06 I a EarthDay prograxi i teaches kids 3 Ws Deduce, reuse, recycle is message at SCRAP Crakty ;. BY SUSAN HEREN6EM' I THE Dffi_�$,'T SUN 1NDIO -- Most of the 1,600 children who celebrated P-atth Uay at the SCRAP Gallery in Indio had heard the message before. .,- •But acparating �ktewspapers `, and soda cans from' regular;" household trash had` never seemed quite 6 f ii, ar gtttte as Singing the messy e• Bdtli y 1> endoza (]eft)'and awasl, a mdf�e� important, is it dud on tics=: perform as pats of the C Environment; l Playholf5a oo� U' #' day,,,the 30tb- annlvt s .of , tr >�-a >b . Earth'Da1 By the time threo Cfats w>rte-�r� f ` -done with tlitirplay, t ie y6dus_ a : sters_were dancing in the aisles •parks: Removing smog may take and chanting alor with thetr'S y2ars; Gore says, -A'' Hera, James, tv�eo beat 1), c&* A �•Eartti Day: protests And.cleanups . 1 cash-spcwassgrabbtrwocic�*t�rat;?��3onilnat� threatened to kill the fd?` *5 ith `� ° bcr "Reduce, reuse, recycle,>'sty° "I lilcc the funniest P wheiz n chanted in unison they Were rurmmg ,and they . The acrors from Ima tzation. were fighting with swords ";,said •f ` Central, a children's theater Maribel Ponce, a secBziYf y�der grouts from Los, Angeles, put at John F Kennedy School in their cnvitn= ntsl message in- Indio: •:.+ " `' Pre tty sizn}�lt te=r CLEAR MESSAGE Bus the rocs=`! ifAM WORK: TheeEiirth can sage wasn't lost_ oL]y be saved ifowryonc pitclirs In bCt«wctn the wiggling: and in tlity said. The young sudiencc nodded j agrecmen-_ lot it was a sword- f ght benveez: kjanies and the )abbcrwocky that Pcally got their 1 Ettcc:tion. 'The hest part Was when _s w2s hghting'the jabber- WOoc y," said Nicole DCLara, a second-gradtr at Ccs'ar Chavez 1 Flentetttary School in Coach& la, giggiuig and the check -pitching most of the kids agmed that recycling is important. Some cvcn ineattpted their games of Pock -paper -scissors to ijgic that They separate their trash at home, The Student Creative Recycic Art Program, which sponSOted the show, usually shows chii- dren, how to make an out of household trash..,- -SCRAP show, Grade -school th Imagination Central at the SCRAI But Earth Day is special' acid calls for something extra, said Karen Riley, who is the ex- ecutive director of the SCRAP CCallc�-. - Educatom said thCy are gladt4 see the cnvirontriea.tal message ;. 'JAY CALDERON, I Nli ti115t1H1- S1Jt4 ifdren�enjoy a performance by Gallery on Thursday. Sang ground. "It's on the I lips of a lot of people," said, Susie Hurter, a retired princi "al w a voluniecrs at the SCR aIny, 7." - ye%', gg% it was not as j �.1ci 07-29-99 09:00 RECEIVED FROM:7608638973 P•06 JUL-29-99 THU 09;47 AN RIV 00 FAIR FAX N0, 7608638973 P.07 07-29-99 09.01 RECEIVED FROM=7608638973 P-07 JUL-29-99 THU 09:49 AN RIV 00 FAIR FAX NO. 7608638973 P,08 IUD .B" -IS 'NN" (rffiR, LS of Coachella Valley C LUR �cArn OR LI1RE-CTORS cp 1,AiFR 1:1,- f, ;;'J iER ED'N'w (ALVA CR>=E 7WIKE C,C::A"AERIN DAVRf ERWIN' iD(d }-�:1�H�NRY BOE FRAME `Iorh �PI R,cLN ok.!� S, i{ARNIK, GAG. GICF. MCC�LiNG I%ENiv!3 A_ M011RtCH ELVERLI" H:, M�nOrTrGGA:ER`r i1OAN u. NEL50h ro',Aes r„¢C'.ERSOK NIJCK=,�( A RENHII5 FKrU E'i�E ALE 5. sn"W1t.'Nti MARK CrIMC:v. iCK THalNTR RALP b; �or5�ra VOUNDATION EXECUT!VE BOARD DAVID J- ERW(DI SNIRLEY i;Nl1CH1AN SOH^d f r;7EP p Elfin! F:F�'=AN TO In• LS;ZA L1,,t1A mC PAN MARK NSCKE;' S,S LDS R'e7ERSON RoWt PICHAPUSON MARK SIMOfJ IUD, LTC iWLER EXFCUTIVE DIRaTOP JIr: D'UCATiT i 0-111A ra MER UNITED WAY OF 7HF PFSERY Anmsnistratiuo Office 42-6Q0 (-60k $EFee L J 12D X-x— cn £s2211 waif v AOtlresS -ALL LOLATtONS c- -)SCK7 Coon SVt'C•L 912 Palm Oc;e`C• � 92211 Apnl 20, 1 W9 S-C-R.A.P. Craltery_ 82204 HW Y 111 SUITE C 117 Indio, CA 92201 Attn: Karen Dear Karen, Just wanted to take a moment, to thank you for your demonstration about recycling that you gave the Boys & Girls flub of La Quinta Unit On April b. The kids enjoyed watching the video and making hats froze the items that you brought to us. They really where surprised that everything we use can usually be recycled and reused again - Thanking you again for your time. AdtnmiSCr-,hive of flee 17(07 tm-l160 FAx VG67776•�J4'!1 F-'11;3[i; [3�a f,; Ui�fV'I-30I.CO ffl Sincerely, Mar a Jimenez IJ Youth Program Development tnato clubhouse coacneila Clutrhouse La Cuinta CIUMQUse U6C'1 3127-5712 (7+=C1 Sy4-$4H7 i7SC,i SS5 FAH 176V) 347-1192 FA.X ti GuJ 3gF3-52t37 i-A.Y. i7i; B1 S- -aa27 rw 07-29-99 09:03 RECEIVED FRDM:7608638973 P-08 T4ht 4 4a Qum& August 3, 1999 COUNCIL/RDA MEETING DATE: ITEM TITLE: Consideration of Appointment to the Investment Advisory Board RECOMMENDATION: Conduct interviews and make an appointment. FISCAL IMPLICATIONS: None BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: 3 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: This is a seven -member board, each serving three-year terms. There is one vacancy on this Board due to the resignation of Diana Brown. Therefore, the appointment would be for the remainder of her time, which expires June 30, 2001. Six applications have been received from the following: Kathleen Carolin Seymore Dimsdale Larry Haugaard Nadine Mupas Milton Olander Gary St. Angelo All applicants have been advised of this meeting. Gary St. Angelo has been advised that he has a conflict of interest, so he will not be present for the interviews. FINDINGS AND ALTERNATIVES 1. Conduct interviews and make an appointment; or 2. Provide staff with further direction. r� AUNDRA L. JUH' LA, City Clerk City of La Quinta, California :. J INVESTMENT ADVISORY BOARD VACANCY Appointed: Term: Unexp. Expires: 6-30-2001 CYRILLE P. MAHFOUD Appointed: 7-01-98 74-710 Highway I I I Term: 3 Years Palm Desert, Calif. 92260 Expires: 6-30-2001 Res. 360-9592 Bus. 862-4606 TOM LEWIS Appointed: 7-01-97 P.O. Box 2956 Term: 3 Years Palm Desert, Calif. 92260 Expires: 6-30-2000 Bus. 340-3700 Res. 568-0625 DONALD J. MOULIN Appointed: 7-01-98 78-863 Via Carmel Term: 3 Years La Quinta, Calif. 92253 Expires: 6-30-2001 Res. 564-1081 JOSEPH A. IRWIN Appointed: 7-01-97 44-065 Camino La Cresta Term: 3 Years La Quinta, Calif. 92253 Expires: 6-30-2000 Res. 360-9851 LEE M. OSBORNE Appointed: 7-01-97 54-325 Avenida Ramirez Term: 3 Years La Quinta, Calif. 92253 Expires: 6-30-2000 Res. 564-4266 Bus. 347-3462 JAMES BULGRIN Appointed: 12-2-97 54-051 Southern Hills Term: 3 Years La Quinta, Calif. 92253 Expires: 6-30-2000 Res. 771-2550 Updated: 6/ 10/99 2.70.010 Chapter 2.70 INVESTMENT ADVISORY BOARD Sections: 2.70.010 General rules regarding appointment and terms. 2.70.020 Board meetings and compensation. 2.70.030 Board functions. 2.70.010 General rules regarding appointment and terms. A. Except as set out below, see Chapter 2.06 for general provisions. B. The investment advisory board (the "board") is a standing board composed of seven members from the public that are appointed by city council. La Quinta residency is preferred, but not a requirement for board members. Recruitment for members may be advertised outside of the city. C. Background in the investment field and/or related experience is preferred. Background information will be requested and potential candidates must agree to a background check and verification. D. On an annual basis, in conjunction with the Political Reform Act disclosure statutes, or at any time if a change in circumstances warrants, each board member will provide the city council with a disclosure statement which identifies any matters that have a bearing on the appropriateness of that member's service on the board. Such matters may include, but are not limited to, changes in employment, changes in residence or changes in clients. (Ord. 287 § 1 (part), 1996; Ord. 268 § 1, 1995; Ord. 222 (part), 1993) 2.70.020 Board meetings and compensation. Initially, the board should meet once a month, but this schedule may be extended to quarterly meetings upon the concurrence of the board and the city council. The specific meeting dates will be determined by the board members and meetings may be called for on an as -needed basis. (Ord. 287 § 1 (part), 1996; Ord. 222 (part), 1993) 2.70.030 Board functions. A. The following are functions of the board that are to be addressed at each meeting: (1) review account statements and verifications to ensure accurate reporting as they relate to an investment activity; (2) monitor compliance with existing investment policy and procedures; and (3) review and make recommendations concerning investment policy and procedures, investment contracts, and investment consultants. B. The board will report to city council after each meeting either in person or through correspondence at a regular city council meeting. (Ord. 287 § 1 (part), 1996; Ord. 269 § 1, 1995: Ord. 222 (part), 1993) (La Quinta 3-99) 42-2 Date l2 3 I I RECEIVED JUN 2`t An 9 26 CITY OF LA QUII�A APPLICATION TO SEWM u r L A Q U i N T A ON CITY CLERK LA QUINTA INVESTMENT ADVISORY BOARD NAME: HOME ADDRESS: I BUSINESS ADDRESS: �� � � �� ��1 �{b',1� ' l (1 �ji � �� A 7-f4k JA6L ��' �I �� , � � TELEPHONE: (HOME) (BUSINESS) CC3 0, IF EMPLOYED, WHERE YOU WORK AND POSITION YOU HOLD: M ,k A G� ("C u LENGTH OF RESIDENCE IN LA QUINTA: T" HAVE YOU EVER ATTENDED A MEETING OF THIS BOARD? Vi C 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. APPLICATION, INVESTMENT ADVISORY BOARD PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Investment Advisory Board. What specific issues or problems face the La Quinta Investment Advisory Board and do you have any suggestions to address those issues or problems? What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Investment Advisory Board? PLEASE RETURN THIS APPLICATION NO LATER THAN JUNE 15, 1998 TO: CITY CLERK P. O. BOX 1504 LA QUINTA, CA 92253 THANK YO U FOR YO UR WILLINGNESS TO SERVE YO UR LOCAL GOVERNMENT. Biographical Sketch: I graduated from California Polytechnic State University at Pomona in 1980 with a bachelor's degree in business administration with a concentration in accounting. I have been a Certified Public Accountant since February 1982. 1 currently work for Maryanov Madsen Gordon and Campbell as a tax and audit manager in the Indian Wells office. I previously worked for a CPA firm in Orange County where I performed audits of cities, redevelopment agencies and water districts in Orange, Los Angeles and Riverside counties. I am presently a member of the La Quinta Rotary and the La Quinta Arts Foundation. Functions, Regulations & Procedures of La Quinta Investment Advisory Board: I understand that the board functions in an advisory capacity and not as a decision making body. The City has adopted an investment policy similar to most cities in California and must abide by that policy as well as the limitations on investments established by the State of California. The board is responsible for reviewing investment account statements, monitoring compliance with the city's investment policy, and making recommendations regarding investment policy, procedures, contracts and consultants. Issues or Problems Facing the La Quinta Investment Advisory Board: The greatest challenge facing the advisory board is having the requisite knowledge to properly advise the city and its treasurer so that returns on investments can be maximized while maintaining a sufficient level of safety and a minimal level of risk. Board members must understand laws applicable to government investments, the types of investments available to cities, and types and levels of risks inherent in each type of investment. Further, board members must know the city itself - its mission, its citizens and its resources. To meet this challenge, board members must be willing to devote their time and resources. Attitudes, Skills and/or Expertise: I audited cities during the period that the County of Orange filed for bankruptcy due to the mismanagement of the Orange County Investment Pool by Bob Citron, the former auditor -controller. This experience made me keenly aware of the responsibilities of public officials for investments made by them or made on their behalf by an investment pool or advisor. In the process of preparing financial statements for cities, I became aware of the different risk categories of investments and the effect that losses had on city and cc .mty operations. While have never served on a board such as this, I have been involved in determining whether investments by certain cities have been in compliance with investment policies and procedures, and I am conversant with the types of investments typically used by governmental agencies. Because of my work as a CPA, I frequently read and interpret investment statements for tax and advisory purposes. As an auditor, I am aware of issues regarding internal controls over investments. RESUME Kathleen A. Carolin, CPA 77512 Ashberry Court Palm Desert, CA 92211 (760) 772-6688 home (760) 568-0032 work EDUCATION Graduated magna laude from California State Polytechnic University, Pomona in June 1980 with a B.S. in Business Administration with concentration in Accounting. CERTIFICATION Became a California Certified Public Accountant in May 1982 after passing the CPA exam on the first sitting. EXPERIENCE CPA - Manager - February 1998 to present Maryanov, Madsen, Gordon & Campbell, CPAs, Indian Wells, CA Audit and tax manager in large local firm. Controller - April 1996 to January 1998 Matt Construction Corporation, Santa Fe Springs, CA Controller of general contractor, supervising a department of five clerical personnel and an assistant controller. Matt is presently a $50 million company specializing in high -end retail, private schools, office buildings and a variety of work for various Disney entities including Disneyland and the Mighty Ducks. CPA - Manager - May 1994 to April 1996 Diehl, Evans & Company, Irvine, CA Manager in large regional CPA firm specializing in municipal and water district audits. Tax clients included developers, golf course owners and a variety of other small businesses. CPA - Sole Proprietor - May 1986 to May 1994 Performed audits, reviews, compilations and tax work for small businesses and individuals. CPA - Manager - May 1984 to March 1986 Hill Accountancy Corporation, Santa Ana, CA In -charge accountant for one-half of small firm's clients. Managed professional staff of three. - RECEIVED Date >✓ �i� 99 JUN 22 Pal 12 34 CITY OF L A QUINTA CITY OF LA QUINTA CITY CLERK APPLICATION TO SERVE ON LA QUINTA INVESTMENT ADVISORY BOARD NAME: sue' y f--' l S ° L HOME ADDRESS: ? 7'P 4 r= 1l o U L% 21 r BUSINESS ADDRESS: TELEPHONE: (HOME) 7 `D 3 Z 6 (BUSINESS) IF EMPLOYED, WHERE YOU WORK AND POSITION YOU HOLD: LENGTH OF RESIDENCE IN LA QUINTA: HAVE YOU EVER ATTENDED A MEETING OF THIS BOARD? 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. Z !±4 /4 � PP4 0 �t-1 2 p F �� Ue, y TA-q 2411Ir APPLICATION, INVESTMENT ADVISORY BOARD PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Investment Advisory Board. What specific issues or problems face the La Quinta Investment Advisory Board and do you have any suggestions to address those issues or problems? Nei eflo "S 1 /ttr' What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Investment Advisory Board? af PLEASE RETURN THIS APPLICATION NO LATER THAN JUNE 15, 1998 TO: CITY CLERK P. O. BOX 1504 LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT. Date RECEIVED CITY OF LAWn R" APPLICATION TO SERNIF L A QUINT A ON CITY CLERK LA QUINTA INVESTMENT ADVISORY BOARD NAME: L tv,zi Z` 0 GsP.TZ > HOME ADDRESS: --�5a - � S k\) - v BUSINESS ADDRESS:S�' TELEPHONE: (HOME) (BUSINESS) 'j IF EMPLOYED. WHERE YOU WORK AND POSITION YOU HOLD: _S` n Lk LENGTH OF RESIDENCE IN LA QUINTA: HAVE YOU EVER ATTENDED A MEETING OF THIS BOARD? 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. a \ t'S t - IA\c-0 — v (�WVe,-AZ Q'F �S ) � k Pik- f--x APPLICATION, INVESTMENT ADVISORY BOARD PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Investment Advisory Board. What specific issues or problems face the La Quinta Investment Advisory Board and do you have any suggestions to address those issues or problems? What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Investment Advisory Board? PLEASE RETURN THIS APPLICATION NO LATER THAN JUNE 15, 1998 TO: CITY CLERK P. O. BOX 1504 LA QUINTA, CA 92253 LG it THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT. Larry Haugaard 45-737 Flower Street. Indio, California 92201 (619) 347-3297 The following is an outline of work experience and employers as is relevant to municipal finance. My field of expertise covered underwriting, syndication, trading in the primary and secondary markets, management, public finance (investment banking) and consultation. 1962-72 First California Company, Los Angeles Vice President & Manager, Southern Calif. Municipal Bond Department Duties included underwriting and trading municipal securities with strong focus on special assessment finance (particularly 1911, 1913-11 and 1943 Act Bonds). Redevelopment funding and revenue based transactions, along with incumbent managerial responsibilities. (4 employees) 1972-82 Bache & Co./Prudential Bache Securities, Los Angeles First Vice President/Manager Western Region (11 states) Municipal Bonds Duties included underwriting, trading municipal securities, general market names, along with assessment bonds (now including 1915 and Mello Roos), notes (RAN's, BAN's, TRANS). Book managed the first two housing issues in the state. In 1972 I opened the department with one employee; in 1982 had two branch offices (14 employees). 1982-83 Lehman Brothers, Los Angeles Vice President/Manager (9 Western states) Municipal Bond Division Start-up situation - created, equipped and staffed full -service municipal department. Duties included underwriting and trading full range of municipal securities. Merged with Shearson. 1983-84 Dean Witter Securities, Los Angeles Vice President, Southern California Region. Municipal Bonds Underwriting, trading local Southern California credits, sales development, syndicated in primary and secondary markets as book manager (9 employees). 1984-87 Prudential Bache Securities, Los Angeles First Vice President/Western Regional Manager. Municipal Bonds Municipal Bonds Duties included all of the above, initially interfacing with our Investment Banking Divison ouTof New York. Subsequently established a West Coast Investment Banking Division, along with continued responsibility of western region underwriting and trading. Structured, funded, syndicated and distributed the full array of municipal securities, including refundings and refundings. (22 employees) 1987 Paine Webber Securities, Los Angeles Vice President/Manager Western Region. Municipal Bonds This was a turnaround situation - reorganized, relocated Los Angeles office; opened and staffed San Francisco branch office. Oversal all underwriting and trading in western region; conducted seminars for clients and new broke, 1987-90 Among other things, worked as an independent consultant in public finance and was engaged several times as an expert witness. 1990 A Own and operate Little Giant Printers, a commercial printing firm in Indio, California. Note: During my 25 years in the municipal bond business, there was only one occasion in which I sought new employment - the change from Lehman Brothers (Shearson) to Witter. On all other occasions, I was recruited. Five year Board Member and past President of the Los Angeles Municipal Bond Club. DE�eETf �� _ �.3.9 Ci CITY OF LA QUINTAL JUN 24 PM 2 35 APPLICATION TO SERVii i Y OF L A QUINTA ON CITY CLERK LA QUINTA INVESTMENT ADVISORY BOARD NAME: N A, o I N e J. (\A u PA S HOME ADDRESS: 4 2-s? c3 W I S Co r")S t 0 ky (-, 14P. P. 9 2-2-1 � Cup I0 be rctocat►W9 to L Q neO Monfih) BUSINESS ADDRESS: % S- D 3 S Lr-, t_t_E C-S T ko O TELEPHONE: (HOME) (BUSINESS) L Q 9z253 SCo 14. yBgg IF EMPLOYED, WHERE YOU WORK AND POSITION YOU HOLD: SE � P U l v- ?-IT`i E ?C C- CU T\ J f--- S E L C2-L LENGTH OF RESIDENCE IN LA QUINTA: tJ /& HAVE YOU EVER ATTENDED A MEETING OF THIS BOARD? N p 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. j. Irv, tn �roC,cSS o f Co►`^�k{'�n� mY �e�,�t� ((On-Jevfr✓ Sclencrs / Er'711s) (/1/Irh rh-e fXCepof d-vty tVlth the 14.S. Ma,-Ine 6rPs, cr ✓hajorlfy c� m y wc�� r �xYzri ro t-;---An hem Work fpl Ae SR /%r, S.a y ( /u c a I 904--e rr) rywnf- Q %etay) , /F/ h ojIA T 1-)ave— no civ,c involy eme✓7f CX r/ -ence- j4z) w Ifh t-he am o`JP.r �v ix lr7voly-ed espu1of1/y Ij !l p cv M/ n C4 r a ho r►.,y 71e5tr c- f° / ccrh C,locah,>� -/0 the 6Cj'j v etnd et SS! SI /h Por- ,���+ The Pvlkr/-cn e /-cItif/D- C /-),,s- / f7. r, q vt no%K If h s / k ra f rie✓ a n ty "iw4I' zit 6lhf``i LA.h�f C've✓ why �v tN Gib f7r- S 0 IleAi C k, )o W re-/"/-r-1 I-ny �vYs e�,n/ �f nti r�uw/ rnv�sfzncr�iT (t�rfirtm�nt). APPLICATION, INVESTMENT ADVISORY BOARD PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Investment Advisory Board. ha v,e Co m pl e. -el X reu Feu - 6 the I h u'6sivn cvrfi Poll c y M'W(Acd WIN hgu apphtplfloh. 1 Gt Vy� u CA., h h� r�►-S 'iyld� l 0 f rfspohs i Boot, �d . What specific issues or problems face the La Quinta Investment Advisory Board and do you have any suggestions to address those issues or problems? Z (AVVV u,YjwwuVt o �- 5?eCth( MVeS &'V' f nbleWs -fAUn� %�s e LO- itnucS i-z f20--qu f 1e Unl 6y'o A-ud"I �V\ve-j C� Ssucs gvl�t pobicw►s C/oV� it- M lyl 1yvu2f , What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Investment Advisory Board? AS Lv l � (►M l its �f �u-� I �t�ce -I LAA S� -fti' ( f oSt k7ce 1 � V 1 S 1 IQYIS tIAMt Vl/1Gl V-CAO bO. rv�ot� horn (nvo(vf� (S t�U�— vo do rr I ocA q L Q T wovlfi h VjhqkVr1V INAY PDSsN)ICCV1 SVrC 6U L r5S D 4 tT�e o'� LG� �7 VV P ct (i lt� PLEASE RETURN THI APPLICATION NO LATER THAN JUNE 15, 1998 TO: CITY CLERK P. O. BOX 1504 LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT. �E�EIVED Date 2y CITY OF SA361UINTA QU1N A APPLICATIOP��(C�RK ON LA QUINTA INVESTMENT ADVISORY BOARD NAME: HOME ADDRESS: ) "—`1 3 C LC[ c cz— 114 (; t C? &- BUSINESS ADDRESS: TELEPHONE: (HOME( za ? % L— (BUSINESS) IF EMPLOYED, WHERE YOU WORK AND POSITION YOU HOLD: LENGTH OF RESIDENCE IN LA QUINTA: lzc o y� HAVE YOU EVER ATTENDED A MEETING OF THIS BOARD? Biographical sketch, including education, work experience, civic involvement and other background. Please be sure to includeexperiences relevant to duties of the position/you seek. /' vIr 3 � s K �,�n vi � �� Ct C'r/ II )'C �� �ecn � �5�7-c 1--e�1*G�'�.r l IkW it(,,( zo ILI - 14 lt� cC, Cat cop�l 4o,4L co6ek. � eavZ'7 0 APPLICATION, INVESTMENT ADVISORY BOARD PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Investment Advisory Board. �{ifs vets lie cv4 What specific issues or problems face the La Quinta Investment Advisory Board and do you have any suggestions to address those issues or problems? 441 e 6� 4V What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Investmee t Advisory Board? 'Vn lv�z" -/ S C r� fiv 6, 6, P 7 at I'( b)(� 1/6? /Zl�zxe o ivoce i - 4:Ach,,tsL Ica L� �I E ' /t" A PLEASE RETURN THIS APPLICATION NO LATER THAN JUKE 15, 1998 TO: i CITY CLERK P. O. BOX 1504 li4� / `��� LA UINTA. CA 92253 _ Q � THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT. L— — 1 y 2 i REC'`'VED Date %- Q 5,11 '99 JUr 28 M 12 96 CITY t L + QUINTA CITY OF LA QUINTA CITY CLERK APPLICATION TO SERVE ON LA QUINTA INVESTMENT ADVISORY BOARD NAME: ST-- RIV 1A HOME ADDRESS: 7Y• 7-40 LaLje- V(t- LA Gu1j7 A Cfl q aa53 BUSINESS ADDRESS: -7-4 - f Goq TELEPHONE: (HOME) 3 60.504 ( (BUSINESS) IF EMPLOYED. WHERE YOU WORK AND POSITION YOU HOLD: /fie rr; 1( Ly n ct , T71 A Q K C 1 4 C K S' J A `JJ LENGTH OF RESIDENCE IN LA QUINTA: HAVE YOU EVER ATTENDED A MEETING OF THIS BOARD? /V c 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. i 1,aVe- tier.',il ��'r as eou- Qc c, C I Mc:n t wt {� 7f''2S ihCIV e iMvH(+ar )hv(' IIC{f.t J I J i e,� coJr- dj J r Attt m4ua J—.'C- revewP n., ) ckccoVS1 I V �1 1 � L Y14,V6e 4L4C C�h hrP+t IK 4L 31,' S SI m Quan �Cv'�-t JeGIA 14VAveel ill noy'V3 SCA', I coe C A i?S j APPLICATION, INVESTMENT ADVISORY BOARD PAGE 2 Describe your knowledge of the functions. regulations. and procedures of the La Quinta Investment Advisory Board. ij � j ( I i �tcwe K W ClL Sec J `� j" : feJ h e nG L6 e if i, OC rt 4�t(��10 V h +4 wo 1 VeY` ,-*e 4rV,%.,P are +C, r J Uj2 4c, ( r D t'er� C1,1 l It F/yK What specific issues or problems face the La Quinta Investment Advisory Board and do you have any suggestions to address those issues or problems? Ir C Ve r a n � ! -T ` < <,� e l cvJr. vl " i, re verj I o 9 0r �.>,�Zed' �c have ,,1( �rJPrS� oC, hoc„ T� f K�j G kj rJ b,'00 , Ci aYlk f� re Li VJ ve �G rNII ��� rC1 C�CCOY l k / What specific attitudes, skills and/or expertise do you think you have which would enhance the wort: of the La Quinta Investment Advisory Board? Q Y 4XX 1 a C �c �' 2 •dl ex e j&',e f(Ir �Cu r �C c-,) I vex Str AM4°e 2 LA�,k`� ar JIA CCCt e S,c ,� &�l VO V, - lc Sh^.IdC be cq sire q'001,1 i,(t r r CJ ►140ver e A, a PLEASE RETURN THIS APPLICATION NO LATER THAN JUKE 15, 1998 TO: CITY CLERK P. O. BOX 1504 LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT. Tity/ 4 P 09WO AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: August 3, 1999 CONSENT CALENDAR: ITEM TITLE: Consideration of Approval of Civic STUDY SESSION: Center Master Plan and Authorize Staff to Proceed with the Preparation of Plans, Specifications, and PUBLIC HEARING: Engineer's Estimate RECOMMENDATION: Approve the Civic Center Master Plan and authorize staff to proceed with the preparation of plans, specifications and Engineer's estimate of probable construction cost FISCAL IMPLICATIONS: There are no direct fiscal implications at this time. The construction funding remaining for this project is $594,432. Funding is also available in the Infrastructure Fund and the Arts in Public Places Fund for the artistic features. CHARTER CITY IMPLICATIONS• Current funding sources are from the Infrastructure Fund and from the Civic Center Bond proceeds, both sources will allow non -prevailing wage expenditures. BACKGROUND AND OVERVIEW: During Fiscal Year 1990/91, TKD Associates completed an overall site plan as part of the Civic Center Facility Design. During this design, only conceptual ideas were reviewed for the purpose of developing a fine grading plan for the overall campus site. During the Fiscal Year 1992/93, the Civic Center was constructed, and the Civic Center Campus site was graded. The original intent for the Civic Center Campus was to develop it for future multiple uses as a plaza that would accommodate the La Quinta Arts Foundation's annual Arts Festival event. In addition to the development of the plaza, parking lot expansion would be required to support the plaza development. The future plan identified expansion of the existing parking lot along Calle Tampico and completion of the parking lot south of the Civic Center along Avenida La Fonda. T:\PWDEPT\C0UNC1L\1 999\990803d.wpd During the City Council meeting of March 18, 1997, the City Council acknowledged the need for professional design services, and authorized staff to seek proposals from qualified consultants to prepare a master plan and construction documents for the development of the Civic Center Campus. On April 7, 1998, the City Council awarded a contract to the firm of TKD Associates, Inc. (TKD) of Palm Springs, to prepare an updated master plan for the Civic Center Campus. On June 17, 1998, staff met with TKD Associates' representatives to review potential improvements and amenities appropriate for the Civic Center Campus. As a result of the comments generated at the June 17th meeting, another meeting with the City Manager, Assistant City Manager, City Clerk, and the Department Directors was conducted on September 23, 1998, to review overall project concepts. During the Study Session of November 17, 1998, the City Council reviewed potential conceptual ideas, and provided staff and the Consultant (TKD) with comments to be incorporated into the master plan. Based upon these comments from the City Council, TKD presented proposed conceptual plans, and received additional comments and direction from staff at two staff meetings which were attended by the City Manager, Assistant City Manager, the City Clerk and the Department Directors on February 4, 1999 and April 16, 1999. Staff is now seeking final direction from the City Council in order to finalize the master plan for the Civic Center Campus. Two Master Plan concepts are proposed for the City Council's consideration. Each concept has been prepared with an effort to address all of the comments made during the City Council Study Session on June 29, 1999. Included with this report as Attachment 1 is the preferred Master Plan Concept (Concept I Phase II) as it was presented at the June 29, 1999, Study Session. In selecting one of the two master plan concepts, the City Council will be establishing the building pad and amenity locations. Phase 1 can then be completed, which will provide grading, irrigation, and landscaping as well as walkways, a sculpture, history plaza and a lake with the funding that was budgeted during the Fiscal Year 1997/98 CIP. This will provide improvements in the near future that will improve the aesthetics of the campus, provide a walkway connection between the City Hall and the Senior Center and provide landscaping for dust control. In the future, when other funding sources are identified, Phases 2 and 3 may proceed with minimal impacts to the improvements that are completed during Phase 1 . 0041_' T:\PW DEPT\COUNCIL\1999\990803d.wpd Master Plan Concept I and Concept II provide the exact same amenities. Included with this report is the Design Concepts booklet which depicts; • Master Plan i • Phase I Master Plan I • Cost Estimate, Phase 1, Master Plan I • Master Plan II • Phase I, Master Plan it • Cost Estimate, Phase 1, Master Plan II Concept I provides a lake with an island, which is located in the approximate center of the Civic Center Campus site, a future library pad location on the northwest corner of the Civic Center Campus, parking lot expansion on the west side of the Civic Center Campus, a future pad for a golf museum on the west side of the existing public parking lot fronting Calle Tampico, and a future expansion of City Hall from the west side of the existing building (City Council Chamber and Administrative offices) westwardly into the Civic Center site. The cost estimate completed for Master Plan I and Master Plan II are not the same. Master Plan I is more expensive due to the island feature in the lake as opposed to the peninsula feature in Master Plan 11. The construction cost of the lake is usually estimated per linear foot of shoreline. The addition of an island in the middle of the lake as opposed to a peninsula, creates additional shoreline footage. There are also two bridges to the island in Master Plan I as opposed to one bridge in Master Plan 11. The lake with the island would have steeper side slopes than the lake with a peninsula. In order to maintain aquatic life, such as fish within the proposed lake, a depth of 8-10' is required to maintain the water at a cool temperature to support life. An island in the middle of the lake would have less distance from shoreline to shoreline than a peninsula within the lake. This would require a steeper side slope in order to obtain the depth between the shoreline that is required to support life. The increased grade of the lake would cost more money in excavation. Providing for an art feature in the center of the island and considering an average four -foot by four -foot personal space per person, the standing capacity of the island would be 233 people. Concept II provides a lake with more of a peninsula which is located in the approximate center of the Civic Center Campus site. All other amenities are the same as Concept I. Upon receiving direction from the City Council, City staff will work with the consultant in order to finalize the master plan and prepare plans, specifications, and an engineer's estimate for the construction of Phase 1 which will include the installation of irrigation, grading, landscaping, walkways, lake (with or without island) and the installation of a sculpture to be identified by the City Council in the near future. T:\PWDEPT\COUNCIL\1999\990803d.wpd }•� ' 003 FINDINGS AND ALTERNATIVES• The alternatives available to the City Council include: 1 . Approve the Civic Center Master Plan and authorize staff to proceed with the preparation of plans, specifications and engineer's estimate of probable construction cost; or 2. Do not approve the Civic Center Master Plan, and do not authorize staff to proceed with the preparation of plans, specifications and engineer's estimate of probable construction cost; or 3. Provide staff with alternative direction. Respectfully submitted, r, Chris A. Vogt Public Works Director/City Engineer Approved for Submission by: Thomas P. Genovese City Manager Attachments: 1. Concept I, Phase II (June 29, 1999) 2. Design Concept Booklet 004 T:\PWDEPT\COUNCIL\1 999\99O8O3d.wpd TitT 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: August 3, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of Advertising in the La Quinta PUBLIC HEARING: Post for Fiscal Year 1999-2000 RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: This item is not included in the Fiscal Year 1 999-2000 adopted budget. Should the City Council authorize advertising in the La Quinta Post, the estimated cost would be $575 per week or $26,450 for the Fiscal Year for 46 issues. CHARTER CITY IMPLICATIONS: 1► •C7T BACKGROUND AND OVERVIEW: On December 10, 1996, the City Council considered methods of communicating with the community in a Special Meeting (Attachment 1). The item was brought back for Council consideration on January 21, 1997. Council action taken at that meeting resulted in the City utilizing the Palm Desert Post to inform residents of the City's activities (Attachment 2). In February 1997, the City of La Quinta entered into an Advertising Contract with the Post Newspapers for a weekly page in the Palm Desert Post (Attachment 3). This page was designated as the City of La Quinta Page and would be located on page five (5) of the weekly paper (Attachment 4). The Advertising Contract was effective February 6 through June 30, 1997. After July 1 , 1997, the City continued to advertise on page five (5) of the Palm Desert Post and S:\Community Services\CCReports\CC.003.wpd The Advertising Contract was effective February 6 through June 30, 1997. After July 1, 1997, the City continued to advertise on page five (5) of the Palm Desert Post and continued through the July 29, 1999 edition. During Fiscal Year 1 998-99, the Palm Desert Post was modified to the La Quinta Post, with the addition of the "La Quinta" header and a lead story related to La Quinta on the front page. The rest of the publication remained the same as the Palm Desert Post. At the July 20, 1999 City Council meeting, the La Quinta (Palm Desert) Post was removed from the Fiscal Year 1999-2000 budget. Staff was directed to bring this item back for City Council consideration on August 3, 1999. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve advertising in the La Quinta Post for Fiscal Year 1999-2000 and authorize appropriation of funds in the amount of $26,450 from the General Fund Reserve Account # 101-000-300; or 2. Do not approve advertising in the La Quinta Post for Fiscal Year 1 999-2000, and do not authorize appropriation of funds; or 3. Provide staff with alternative direction. Respectfully submitted, V odie Hory Community Sefrvices Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . December 10, 1996 Study Session Minutes S:\Community Services\CCReports\CC.003.wpd 002 2. Staff Report And Minutes From January 21, 1997 City Council Meeting 3. Post Newspapers Advertising Contract dated February 1 , 1997 4. Letter From Mark Weiss To The Desert Community Newspaper Group date February 3, 1997 S:\Community Services\CCReports\CC.003.wpd 003 T-iht D �F" Qawloj TTACHMENT 1 COUNCIL/RDA MEETING DATE: December 10, 1996 ITEM TITLE: Discussion Relating to Methods to Improve Communication with the Community AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Staff will be available to comment and answer questions or inquiries related to the above noted Study Session Item - Methods to Improve Communication with the Community. 005 LA QUINTA CITY COUNCIL MINUTES December 10, 1996 Special meeting of the La Quinta City Council of December 10, 1996 was called to order at the hour of 1:00 p.m. by Mayor Pro Tern Perkins, followed by the Pledge of Allegiance. PRESENT: Council Members Adolph, Henderson, Perkins, Sniff ABSENT: Mayor Holt (arrived at 2:05 p.m.) MOTION - It was moved by Council Members Sniff/Henderson to excuse Mayor Holt. Motion carried unanimously. 1. DISCUSSION REGARDING METHODS Of COMMUNICATING WITH THE COMMUNITY. Council Member Henderson didn't feel that a solution exists that would meet the needs and requirements of everyone, but presented the concept of entering into a contract with the Palm Desert Post for a full page ad, noting that the newspaper is delivered free. The ad would consist of 65 column inches of various types of City news at a weekly cost of $497,25 or $25,857 per year. The Post hopes in the future to have their paper included as an insert in the Desert Sun and to place newspaper stands at the various clubhouses within the gated communities. ,She was excited about the concept and felt that it's a wonderful opportunity for the City to communicate with its residents on a weekly basis. She has invited Nino Eilets, of the Palm Desert Post, to attend this meeting and address any questions the Council may have, Nino Eilets, 45 Portola Drive, Palm Springs, of the Palm Desert Post, advised that he was present to answer questions. Council Member Sniff felt that the idea has possibilities, but was concerned about having enough material to cover a page every week and suggested that every other week might be more reasonable. He questioned the deadline for submittal of material and where the ad would be located within the paper, as he felt that in order to have the maximum effect it should be on the third page. City Council Minutes 2 December 10, 1996 Mr. Eilets advised that the deadline for each Thursday issue would be the Monday preceding. Regarding placement, he advised that each week, there is currently a page dedicated to La Quinta news including a full -page ad placed by the Chamber for the Mainstreet Marketplace and he suggested placing this ad on the back of that page, utilizing possibly, pages three to five. Council Member Henderson advised that Joan Boiko, of the Palm Desert Post, indicated that they could group La Quinta articles together, possibly ending up with three pages. In response to Council Member Sniff, Mr. Eilets advised that a caption could be used on the front page to alert readers about the La Quinta section. Council Member Sniff noted that it's imperative for the print to be easily read. In response to Council Member Adolph, Mr. Eilets advised that they have a circulation of 17,000. It's delivered to La Quinta, Palm Desert, Bermuda Dunes, and parts of West Indio through home delivery service as well as by newspaper racks placed in high traffic areas such as Wal-Mart and the La Quinta Car Wash. In response to Council Member Sniff, Mr. Eilets.advised that they're working to get the paper inserted into the Desert Sun and to locate racks at clubhouses for the gated communities and wasn't sure how many are delivered in La Quinta. Council Member Adolph felt it's a good idea and a step in the right direction toward better communication, but noted that not all residents in gated communities receive the Desert Sun. Mr. Eilets advised that a notice would be placed in the paper ahead of time to let residents know about the upcoming La Quinta section. In further response to Council Member Adolph, he said that they currently print news for Indian Wells and the Indio Chamber of Commerce. In response to Council Member Sniff, Mr. Eilets advised that the City could try it on a six-month basis if they wish. Council Member Henderson agreed with a six-month trial basis and felt that a campaign would be needed to make sure that the community is aware of this effort. 007 City Council Minutes 3 December 10, 1996 Council Member Sniff still felt that every two weeks would be sufficient, noting that it would reduce the cost and be less burden on staff. Council Member Henderson felt that the material that is already being produced would be appropriate for the paper. In response to Mayor Pro Tem Perkins, Mr. Eilets advised that they currently don't deliver in gated communities, but are working toward doing so in the future and racks can be placed at the entrances upon request. Mayor Pro Tem Perkins felt it's an interesting and exciting way to inform residents about what is happening in the City and he asked if there was a subscription charge for mailing to which Mr. Eilets responded yes. Council Member Adolph asked if the paper could be delivered by address in gated communities to avoid having papers pile up in the driveways of part-time residents to which Mr. Eilets responded yes. Mayor Pro Tem Perkins suggested referring this to staff to determine the work load it would create and to ask for a report back within a reasonable period of time with some suggestions. Council Member Sniff agreed, asking that their report include time and cost estimates for both weekly and bi-weekly publications. Council concurred. Council Member Henderson asked that staff's report include the possibility of including legal advertisements and other publications the City does, as long as the timeframe requirements are met and she asked that those possible savings be included. Council Member Sniff felt that the Desert Sun would have a greater circulation and suggested publishing the legal notices in both papers. In reference to communication in general, he felt that the City should continue to communicate targeted information such as the RV issue, in the same format that that issue was addressed and possibly even expanding it. He felt that having multiple means of communication is important because not everybody reads the same publications. Mayor Pro Tem Perkins agreed with targeting specific areas when needed, - - - - - 008 D �f" QuiK& ATTACHMENT 2 AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: January 21, 1997 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of Utilizing the Palm Desert PUBLIC HEARING: Post to Inform City Residents of City Activities [W[Sisklih,11_l9- •0 As deemed appropriate by the City Council. The Palm Desert Post is offering La Quinta a rate of $7.65 per inch for space within the Post provided the City make a six month purchase commitment. One page equates to sixty-five inches, or $497.25 per page. A weekly commitment for one year would cost $25, 857 plus associated staff time. Funds for this request could be allocated from the Special Project Contingency Account (#101-101-663-000) with a current balance of $22,980 (The original budgeted amount was $40,000 less $7,500 for the Skins Game promotional piece; $7,320 for La Quinta High School band uniforms; $1,450 for the Octoberfest; $450 for the Miss La Quinta Pageant; and $300 for the Cultural Commission's workshops). The City Council heard a presentation from Mr. Nino Eilets, Account Executive for the Desert Community Newspaper Group, at its Special Meeting of December 10, 1996. The Council, at that meeting, asked staff to review the Post's proposal, consider its value as a vehicle for dissemination of public information, and report back at a subsequent meeting. Staff met with Mr. Eilets on Wednesday, January 8, 1997. At that meeting, Mr. Eilets provided staff with background information on the Palm Desert Post (see Attachment 1) and outlined the Post's proposal. Distribution: The Palm Desert Post is a free publication distributed to over 14,000 households in Bermuda Dunes, La Quinta, Indian Wells, Palm Desert and Rancho Mirage. The Post is currently distributed weekly to non -gated communities in La Quinta and is available at news racks located in various commercial locations. The Post is available by subscription and is attempting to negotiate with various homeowners' associations for access to gated communities. Mr. Eilets estimates that, in La Quinta, 3,000 copies are distributed to homes with an additional 500 copies distributed to news racks. The Post expects the distribution to increase by 500 to 1,000 copies in La Quinta when Desert Sun drivers begin Post deliveries later this month. Schedule: The Post is delivered on Thursdays. Copy deadline is Monday at 4:00 P.M. Mr. Eilets indicates that there is some flexibility with the copy deadline, depending upon page structure. For example, if La Quinta organized its own page by blocking certain segments into known, standardized formats, it may be possible to deliver copy on Tuesdays. Price: The Post offers to sell page 5 to La Quinta for $7.65 per inch, provided the City makes a six month purchase commitment (i.e., their standard pricing is $9.70 per inch). A six month commitment for a weekly page would run $12,928.50. Mr. Eilets indicated the Post would sell a bi-weekly page to La Quinta for six months at the same per inch rate (i.e., $7.65 x 65 x 26 / 2 = $6,464.25). Content: Suggestions for inclusion within the space offered by the Post have included: • City Council Agenda (abridged -running every other week) • Planning Commission Agenda (abridged -running every other week) • Selected "Items of Interest" (weekly) • City Calendar of Events (weekly or monthly) • City Hall Phone Numbers (weekly) • Parks and Recreation Events (bi-weekly) • Senior Events (bi-weekly) • Departmental "Happenings" (Select articles of interest denoting departmental activities of interest to La Quinta residents -weekly) A sample format for one page in the Post has been submitted as Attachment 2 to give the Council an idea as to the potential content of one page in the Post. i The City of La Quinta communicates with the citizenry in a variety of ways, including but not limited to: The La Quinta Chamber of Commerce/City Newsletter; Legal/Public Notices in the Desert Sun; Posted Meeting Agendas; Press Releases; and Miscellaneous Brochures and Publications. Purchase of space in the Palm Desert Post could supplement the above at a cost of approximately $500 per page, not including City staff time. Alternatives available to the City Council include: 1. Direct staff to purchase a block of space in the Palm Desert Post for a specified time (i.e., weekly or bi-weekly for a six month time period); and 1 a. Provide staff with direction regarding the content and layout of the proposed "newsletter"; or 2. Reject the Palm Desert Post's offer; or 3. Provide staff with alternate direction. Mark Weiss Assistant City Manager Oil Desert Sentinel • Desert Post • Indio Post CommuMdty Newspaper Division of The Desert Sun Publishing Co. Who Is The Desert Community Newspaper Group ? This group is owned by Gannett,yet is operated as a totally separate company from the Desert Sun. It operates three (3) local community weekly newspapers that all publish on Thursday;The Desert Sentinel,which serves Desert Hot Springs and North Palm Springs;The Palm Desert Post which serves the communities of Bermuda Dunes,La Quinta,Indian Wells,Palm Desert,and Rancho Mirage; and The Indio Post,which serves Indio and Coachella. How Are The Newspapers Distributed? The Palm Desert Post is delivered FREE by adult carriers to over 14,000 households in Bermuda Dunes,La Quinta,Indian Wells,and Palm Springs.You can also find it racks from La Quinta all the way to Smoketree in Palm Springs. The total overall circulation is 17,000.The Indio Post is also delivered FREE by adult carriers to over 9,000 household in Indio.It can be found in racks in both Indio and Coachella. Total circulation is 12.000.Both the Palm Desert Post and the Indio Post also have paid subsribers in some of the local gated communities and we mail to subscribers out of town. The Desert Sentinel is delivered to paid subscribers in Desert Hot Springs and North Palm Springs.Paid circulation is 2,600. The TMC product for the Desert Sentinel is the Exchange which is the Sentinel without the editorial content. All Sentinel ads run in The Exchange,which is delivered FREE by adult carriers to Sentinel non-subscribers,and can be found in racks and dealer locations. The total circulation of the Sentinel and Exhange combined is 8,000. What's The Editorial Focus Of The Weeklies? All three weekly newspapers focus on LOCAL COMMUNITY NEWS, news pertinent to the residents of the communities the newspapers serve. They[the newspapers] serve to fill the local niche that the daily is not designed to fill.You can find articles on local people,events,sports, entertainment,education,health, etc. The weeklies are the Local's"Local Community Newspaper". What is the format of the papers? The Palm Desert Post and Indio Post are both tabloids. Afull page is 5 columns X 13 inches S.A.U. The Desert Sentinel is a broadsheet like the Desert Sun. 012 PALM DESERT POST/LA QUINTA COMMUNITY SECTION February 1, 1997 PAGE 5 CITY TO HOST VALLEY WIDE CULTURAL AFFAIRS CONFERENCE The City of La Quinta's Cultural Commission will be hosting a valley wide Cultural Affairs ... lskjflfjlss flsksjf; Ikfjsl;fkss; Ifkjs;slkfjas;slkdfj;askfjflkdfj;aeirj;eihwoh;asif,aiep; ioarhj;oaihf;alifha; lira; Ifij; alfh; afh,ierjh; laihf;alkfh;aeirh, afh;airfhe; ifah,fi ie; ihf; eoihfa;eihf;oaifh;eifhj; oiefh;asoiefh;aiofh;aiofh;aifh; aifha;;aie;aiefh;aifh;aifh;aifh;eaifh;aifh; if h;aeifh;aeifh;aeiasfkssf kfas;kfjsa;lkfjas . dkdlkj Ikasjdflk Iaksdjfik Ikjdsflk Ikjdf Ikjsdaflk Ikaajf Ikjasfl kjaskfja;sIM;oeifhaoiefhpioaefhpioaefhpioahfpoaifh;aoifh;aoifh;aoiefha;eeifh;ef kjlj Ikjlasd Ikjl laskdjf laksdjf Iksajdf Iksadjdf Ikj sddlk aidkfuowh liueo lajdsfl j laskdfj Ijoie Ikajdo Ikaud Ikaudf I alkduf las Iadkfjlasddkfj Iakjdflsdkjfa Ikjasdf oieowhs Ijsoefihasdofasdflkh asdlkfj afoasdf sladdfkj addfnsid slsadfu asddlu alufoadhflasjf lasddfkj aslddfkjas fl lasfj asdlfkjaslf kdjaflakfj asdlk asdlkfj asl alskfj lakjsf laeuo laiure jaldiru Ikuae falfi alsdfu ea Ikauf I asufl aslful aslf ladsfku afluakf aslfulaes flads. ARNOLD PALMER DESIGNS NEW GOLF COURSE HOMES IN CITY OF LA QUINTA Arnold Palmer will design ........ ksfk kasldfkj lasdku laskufoasf lu alfu asdl sdfuo Iksauf sodfklsfu Isdfku luel fas lakudsf alsdf liusaf asslk aslufuejh alkd alksfu la flu aslkfu aldkfu asdfkss aldfkue fevif a lakdfu adi laidd alifu asflakfu . kafslkdsf d dkfjdljfd allf aldksj lajds aldkj laskjf salj Ikfj / adfkasjdf alsdff akfjlk d fk askfj aslifjf laskjff alsdfj aslsdf adfj Sidi sd ska awdll I lasjf sd Ilkj saflk sdflj asslfkj sdl sd Ikjfaldkfj as Ikajf adslfkjasdf lasdfj asdfj sadfjsadl fsdfjaslf lasjf asdlfk afjas dflsdjf asdkj asdf safjas fl jk sakdjf sdfkj COMMISSION PROFILE PLANNING COMMISSION The City of La Quinta's Planning Commission is comprised of .. Isadkjf Idkjf Ijasf Isadj alsdkfj Ikjf alsfkj Ikj asdfj. therkj las lasdkfj Ikeu Ijkaeu II uel aslddfkj a Iksauf elkdu sdflu flaku lasf sadlfj a kjf ksadjf Ikj . flkasjf Iskj .sas Iks Ikj alsfkjj. alskjf asdfkjasd f. CITY DEPARTMENT HIGHLIGHT The Animal Control Department is A ...... j lsajf .slkfj Isakjfk alsfjlllj alsfjlss. adfjsaflsjaf. Ifakjfal alsdff .,asjf . kasfksjalfjsadl askdfj sj asdkfj lasj flassj ssjdk dkjlafj dkj aslf lasjfflasjf sadfjf as ff. a jfasf asdfkasasdff. kdfkjajf kjfaljdlakdsjdfas. aljfldskfj as iskfj. alf dk dskjal. aljdf alkfj ald.asd flasd kd flas f.asd flaksfj lasf.asf. I CITY OF LA QUINTA 78-495 CALLE TAMPICO LA QUINTA, CA. 92253 CITY PHONE NUMBERS General Information ...............-- ........... ...........777-7000 Building & Safety.. ........... - .................... 777-7000 (Building Permits, etc.) City Manager's office ................. ......... ............. 777-7000 Comminity Development.... ............... .............. 777-7000 (Planning. Zoning, etc.) Finance Department .........................................777-7000 (Business Licenses, Dog Licenses, etc.) Parks 3 Recreation...........---..........................777-7000 Pubic WorkslEngineenng.................................777-7000 OTHER USEFUL NUMBERS Waste Management .........................................771-5555 (Trash collection) Imperial Irrigation District, ........... ......................555-1212 (Electricity) Coachella valley Water Disrict.. _........... _. --555-1111 CALENDAR OF EVENTS FEBRUARY 4: CITY COUNCIL MEETING FEBRUARY 6: VALLEY WIDE CULTURAL CONFERENCE FEBRUARY 7: BIG BAND DANCE, LA QUINTA SENIOR CENTER FEBRUARY 9: PLANNING COMMISSION MEETING FEBRUARY 13: CULTURAL COMMISSION MEETING FEBRUARY 21: CITY COUNCIL MEETING FEBRUARY 22: MAYOR'S LUNCHEON FEBRUARY 27: ART IN PUBLIC PLACES COMMISSION MARCH 4: CITY COUNCIL MEETING MARCH 21: CITY COUNCIL MEETING CITY COUNCIL AGENDA FEBRUARY 4, 1997 3:00 P.M. CITY COUNCIL CHAMBERS 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 (619)777-7000 1. CONSIDERATION OF THE CREATION AND APPOINTMENT OF CITIZENS RECREATIONAL AD - HOC COMMITTEE 2. CONSIDERATION OF REQUEST FROM AMERICAN YOUTH GOLF FOR CITY SPONSORSHIP 3. SECOND READING OF ORDINANCE NO. 293 RE:SIGNS MAYOR AND COUNCIL MEMBERS' ITEMS: 1. DISCUSSION REGARDING THE NEGOTIATION PROCESS AND FORM OF AGREEMENT FOR FUNDING REQUESTS PUBLIC HEARING: (PUBLIC HEARING BEGINS AT 7:00 P.M. 1. CITY USE FEES 2. TENTATIVE TRACT MAP 12345 PLEASE NOTE THAT THE FOREGOING MAY NOT CONTAIN ALL MATTERS WHICH WILL BE PRESENTED TO THE CITY COUNCIL FOR CONSIDERATION AND MAY NOT BE IN THE SAME ORDER AS ON THE FINAL AGENDA. FOR A FINAL AGENDA, YOU MAY CALL THE CITY CLERK'S OFFICE AT 777-7025. 013 t City Council Minutes 15 January 21, 1997 Council Member Perkins advised that he was prepared to vote, but would support the request for a continuance. Council Member Henderson advised that she, too, was prepared to vote and move forward with this, but would support the request to continue and understood that it would be for a yes or no vote only to which Council concurred. Motion carried with Council Member Sniff voting NO. MINUTE ORDER NO. 97- 07. Council concurred on taking up Business Session Item No. 11 at this time. 11. CONSIDERATION OF UTILIZING THE PALM DESERT POST TO INFORM CITY RESIDENTS OF CITY ACTIVITIES. Mr. Weiss, Assistant City Manager, advised that on December 10, 1996, Council directed staff to investigate the possibility of using the Palm Desert Post as a supplementary, public information vehicle. He advised that the Post is delivered free each Thursday to approximately 3,000 homes in La Quinta and 500 are placed in newspaper racks, adding that the overall circulation is expected to increase to 4,000-4,500 in the near future. The Post will provide the City with Page 5 of the newspaper at a cost of $7.65 per inch or approximately $500 per page, contingent upon a six-month commitment. The page would consist of articles on La Quinta, including Planning Commission and City Council agendas, calendar of events, Civic Center phone numbers, and items of interest. Having a set structure for the page will provide more flexibility in regard to deadlines, possibly moving the deadline for materials from Monday to Tuesday. Staff asked for direction in regard to frequency of use and potential content should Council decide to utilize the Post for publications. Council Member Henderson noted that the staff report refers to a six-month commitment and asked if the Post would be willing to look at a five -month commitment through the end of the fiscal year to which Nino Eilets, 45 Portola Drive, Palm Springs, Account Executive of the Desert Community Newspaper, responded yes. She wholeheartedly supported the concept on a weekly basis for a trial period through June 30th with a report back to Council at the end of April indicating any difficulty in supplying material for the page and any anticipation for needing additional staff to make it a successful program. 014 City Council Minutes 16 January 21, 1997 Council Member Perkins suggested that racks be used at guard gates when access to gated communities is not available and asked if delivery within gated communities would be done in conjunction with the Desert Sun delivery to which Mr. Eilets responded yes, and that they would determine later this week how that would be done. In response to Council Member Perkins, Mr. Genovese, City Manager, advised that some of the material is already completed in-house on a regular basis and that it would be handled by the appropriate staff member. He advised that an abbreviated Council agenda with most major items, including public hearings, could be published in the Post, but the Desert Sun would continue to be utilized as well. Mayor Holt didn't feel that this should replace the newsletter and Council Member Perkins advised that he saw this as an "additional" way to get information out to the public. Council Member Henderson viewed it as a way to report upcoming happenings whereas the newsletter reports things that have already happened. Council Member Adolph advised that he has spoken to people both inside and outside of gated communities and none of those inside were familiar with the Post and only 3 out of 15 outside were familiar with the paper. He was willing to support it on a six-month basis, but questioned how Council would know if it's being read and whether or not it's a wise expenditure of funds. He suggested listing a phone number on the page for readers to call and let us know that it's being read. Council Member Perkins agreed and suggested that it be a special number that could be reached on a 24-hour basis. Council Member Henderson pointed out the inability to confirm that other means of communication are being read as well. She felt that some type of pre -push would be needed to let residents know about the new La Quinta section. Mr. Eilets advised that they would advertise the new section prior to its publication and place a bullet on the front page to direct readers to that section once it's published. Council Member Sniff was willing to support it for five months, but preferred a bi-weekly publication. He also questioned how its readership would be verified, who would select the topics and write the articles, and who would be j N 015 City Council Minutes 17 January 21, 1997 responsible for assembling the material and getting it to the Post by the deadline. He viewed it only as a supplement and felt that in no way should it take the place of the Chamber newsletter. Mr. Genovese advised that he would be responsible for designating the staff person. Robert Tyler, 44-21 5 Villeta Drive, asked if the Post has any problem placing their racks in markets to which Mr, Eilets responded no. MOTION - It was moved by Council Members Perkins/Henderson to utilize the Palm Desert Post to inform residents of the City's activities and direct staff to purchase a full page for five months on a weekly basis as outlined by the Palm Desert Post to be funded from the Special Projects Contingency Account (101- 101-663-000). Council Member Sniff advised that he couldn't support taking that much money from the Special Projects Contingency Fund because it would deplete the account. Motion carried with Council Member Sniff voting NO. MINUTE ORDER NO. 97- 08. Council concurred on taking up Business Session Item No. 13 at this time. 13. CONSIDERATION OF A RESOLUTION DESIGNATING THE LA QUINTA CHAMBER OF COMMERCE AS THE ADMINISTRATOR OF THE DOWNTOWN VILLAGE DIRECTIONAL SIGN PROGRAM AND AUTHORIZE THE CITY MANAGER TO SIGN THE MEMORANDUM OF AGREEMENT (MOA). Council Member Henderson wished to have wording from Section 9.160.080(G) of the ordinance used in the MOA to designate what kind of fees the business community would be charged to participate in the sign program. It's not addressed in the MOA and she felt that it was Council's intent that the program be readily and financially available to the business community. She also suggested that the sign locations be modified so as to have access to electricity and asked if the Landscape & Lighting Assessment District median power could be used. Council Member Adolph pointed out that solar power is also an option. 016 POST NEWSPAPERS A Division of Desert Sun Community Newspapers Account # Form Number ATTACHMENT 3 ADVERTISING CONTRACT Date -e-� �, _ 99 7 THIS AGREEMENT is made on the day of between the Community Newspaper division of The Desert Sun Publishing Co. Inc.; (hereinafter called the "Company") and -n-V- 3411 of LC1 Guj da -,Located at; lP o �6x 1564 ' T -4q5 Ca(Ico City I�Q0t n+-CL State CIA Zip 9.rla,3 (Type of Business) (hereinafter called the "Advertiser"). I. The company is hereby authorized to insert: Retail ❑ Classified II. Type of contract: ❑ 6 Week Frequency ❑ 13 Week Frequency ❑ 26 Week Frequency ❑ 52 Week Frequency 1. The Advertiser shall purchase a minimum of J• U'S per COl I r1 C h at the rates indicated on the Company's (net, gross) rate schedule which is incorporat- ed herein by reference and made part of this Agreement, subject to the rate revision provisions of paragraph (4) below. 2. The term of the Agreement shall be 'Z g7from the date hereof, and it shall be automatically renewed for each like period thereafter, unless either party gives writ- ten notice to the contrary prior to the anniversary date, or prior to a rate revision as provided in paragraph (4). 3. By committing to purchase a minimum amount of advertising during each term of the Agreement, the Advertiser is being given a special discounted rate. If during the term of this agreement the Advertiser shall use more or fewer pages/inches/col- umns/lines/times than the agreed in paragraph (1) above, Advertiser's rate for all space used during this year shall be reduced or increased. if applicable, to the appro- priate earned rate or non -discounted open rate and the Advertiser shall pay, or receive a credit for, the difference up to a ceiling of 2 levels. Rebates will be applied to balanc- es due the Company, if applicable. 4. The Company reserves the right to increase the contract rate from time to time, as well as realign areas, giving the Advertiser the option of continuing at the new rate in a realigned area or discontinuing when the new rate or area becomes effective, with- out short rate, provided immediate payment in full is made or all obligations then due under the contract, and that the Company is notified in writing prior to the effective date of the new rates of Advertiser's intent to discontinue. 5. The Company may, in its sole discretion, edit, classify or reject any advertising copy submitted by Advertiser. 6. Advertiser shall make the payment within the credit terms indicated on the Company's statement ... for -the previous billing period's advertisements, or upon presentation of bill. etc., and, in the event that the advertiser fails to make payment within such time, Company may reject advertising copy and/or immediately cancel this contract, and Advertiser agrees to indemnify Company for all expenses incurred in connection with the collection of amounts payable under this contract, including court costs, attorney fees, and 18% interest charge per annum. If this Agreement is canceled due to Advertiser's failure to make timely payment, Company may re -bill the Advertiser for the outstanding balance due at the open or earned contract rates, whichever is applicable. 7. This Agreement cannot be invalidated for typographical errors, incorrect insertions or omissions in Advertising published. The Company agrees to run corrective advertisements for that portion of the first insertion which may have been rendered valueless by such typographical error, wrong insertion or omission. Advertiser shall notify the Company of such errors in time for correction before the second insertion. The Company shall not be liable to Advertiser for any loss that results from the incorrect publication of its advertisements. 8. Agency commission, if any, shall apply to all space charges and adjustments under this contract. If Advertiser utilizes an agency, the Advertiser and the agency shall be jointly and severally liable for payment and for compliance with all of the terms and conditions of this Agreement. All rates quoted are net. 9. The Advertiser agrees to hold harmless and indemnify the Company from all damages, costs and expenses, of any nature whatsoever, for which the Company may become liable by reason of its publication of Advertiser's advertising. property of the company including all rights of copyright therein. Advertiser understands and agrees that it cannot authorize photographic or other reproductions, in whole or in part, of any such advertising copy for use in any other medium A itluwt the express written consent of the Company. 11. Whenever in the judgment of the Company any advertisement bears resemblance to news matter, or is of such a character as to convey to the reader that it is news or advertisements in cartoon technique or comic strip form, same will be placed with classification head "advertisement" over the column. 12. A composition charge in addition to contract or transient rates shall he paid by advertiser for intricate layout, copy calling for type to be set on the bias, circles and other difficult composition and revisions of original copy. 13, Advertisements in excess of 19 inches in depth shall be billed a a full column. I{. The Company shall not be responsible for any drawings, art work, photographs, engraving, plates, or mechanicals furnished by the advertiser to he used in advertisements unless instructions to return at advertiser's expense are furnished with order. 15. When orders are furnished by agency or advertiser which contain incorrect rate or conditions the advertising will be inserted and charted at the rate in force governing such advertising and in accordance with the conditions contained herein. 16. The Advertiser agrees to pay for all special an work and materials furnished by the Company at the request of the Advertiser, and for composition if advertising is not ordered published. 17. Advertiser agrees to pay position charges as stated in rate card. 18. Specifications on orders for the use of any page or barring the placing of advertising on any page or relating to the kind of news or advertising on the page shall be treated as requests only. 19. Conditions under which advertising is accepted under this contract require that all advertisements running Full Run must be the same in size and in copy except for addresses and appear in all Areas specified in this contract within a seven day period. When advertising is used in addition to Full Run it will be charged at the rate at which the Advertiser would be charged under an individual Base Area contract (for the amount of space) for the first Area at the expander' -overage rate, for two or more areas according to the schedule of current advertisi..d rates in effect at the time such space is used. Rebates and short rates do not apply to advertising which is in addition to a FULL RUN contracted for hereunder, placed in individual Areas nor does such additional advertising space count towards the completion of the Full Run space contract. 20. In the event any federal, state, or local taxes are imposed on the printing of advertising material or on the sale of advertising space, such taxes shall be assumed and paid by the advertiser. 21. When advertising is placed under a repeat rate discount provisions the discounted portion only does not apply to fulfillment of advertisers' contract and will not he subject to rebate. Advertising inserted under any other discount condition will not he credited toward the fulfillment of advertisers' contract and will not be subject to rebate. 22. This agreement may not he assigned or transferred by Advertiser/agency. 10. All Advertising copy which represents the creative effort of the Company and/or 23, Newspaper may require advance payment for all advertising placed by Advertiser the utilization, labor, composition or material furnished by it, is and remains the or its agency if periodic credit checks are not satisfactory. ;� 1 017 25. PLEASE MAKE NOTE BEFORE SIGNING: This Agreement is a special rate contract. By agreeing in Paragraph I hereof to place at least a specified amount (if advertising within die Newspaper during each term of this Agreement, you as the Advertiser have been given special, discounted rate. if you are unable to fulfill this ohligation within the term of this Agreement (i.e., if you don't place the amount of advertising you have committed to in Paragraph I hereof), within the period set forth in this Agreement, the amount of advertising you do place may not qualify you for any discount than that offered herein. THIS COULD RESULT IN ADDITIONAL CHARGES TO YOU AS THE ADVERTISER! By signing this Agreement, you are acknowledging that you are hereby agreeing to pay any such additional 'short rate" charges. E�_� o?C?0 ( ales Representative Name & No.) Accepted By Date AGENCY Name Address W_ n . ADVERTISER . Name �O ('su" /soc/ Address Corp. Name if different Corp. Name if different 7 7 — 7 r L) Phone Number ( Phon u Title and Signature Signature AA Date Print Name & Title Date MASTER FILE MAINTENANCE Non -Profit ❑ Agency ❑ Political ❑ Account No. ❑ New Account ❑ New Contract ❑ Upgrade from ❑ Downgrade from ❑ Renewal Umbrella Contract For: (Customer Number & Business Name) Billing Address: (If Different from above) �447 Effective Date Prepared By Approved By .t_ t1 Y ��������.• ATTACHMENT 4 . 4 Cv ICV 78-495 CALLE TAMPICO - LA QUINTA, CALIFORNIA 92253 - (619) 777-7000 FAX (619) 777-7101 February 3, 1997 Mr. Nino Eilets Desert Community Newspaper Group 82-632 B Highway 111 Indio, California 92201 Dear Mr. Eilets: Please find enclosed an executed copy of the advertising agreement for the La Quinta Page. Pursuant to our conversation this date, we've footnoted the 'term' clause to note that the purchase rate will be $7.65 per column inch through June, 1997. This equates to $497.25 for a one page segment which, pursuant to our agreement, will run weekly from February 6, 1997 through June as page five of the Palm Desert Post. Thank you for your assistance on setting up this agreement. Sincerely, Mark Weiss Assistant City Manager c: Saundra Juhola, City Clerk 019 MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 Tit�r 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: 4 COUNCILIRDA MEETING DATE: August 3, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: PUBLIC HEARING: Consideration of an Appointment to the Chamber of Commerce Information Exchange Committee Bi- Monthly Workshops RECOMMENDATION: As deemed appropriate by the City Council . FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Since April 7, 1998, at which time the City Council decided to rotate Council representation for the Chamber of Commerce Information Exchange Committee Workshops, Mayor Pena has been attending the bi-monthly Workshops. Prior to the Mayor's appointment, Council Member Perkins had been appointed and Council Members Henderson and Adolph each have attended three meetings. In accordance with the City Council's decision to rotate representation on this Committee, a new Council representative should be appointed at this time. In addition to Council representation, the Planning Commission Chairman attends the Workshops, as well as the Assistant City Manager, and the Community Development Director. FINDINGS AND ALTERNATIVES The alternatives available to the City Council include: 1. Appoint a new Council Member as a representative to the Chamber of Commerce Information Exchange Committee Workshops; or <,. CCJH.008 2. Do not appoint a Council Member representative; or 3. Reappoint Mayor Pena; or 4. Continue this for further consideration; or 5. Provide staff with alternative direction. Respectfully submitted, erry Heyman :ommunity Development Director Approved for submission by, Thomas P. Genovese, City Manager CCJH.008 BUSINESS SESSION ITEM: ORDINANCE NO. 334 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, AN AMENDMENT TO THE LA QUINTA CHARTER AND MUNICIPAL CODE AMENDING CHAPTER 2.08 (CITY MANAGER) AND CHAPTER 2.10 (CITY CLERK) WHEREAS, Section 2.08.060 and 2.08.080 of Chapter 2.08 and Section 2.10.030 of Chapter 2.10 of the La Quinta Municipal Code (the "Code") concern the City of La Quinta's (the "City") City Manager and City Clerk; and WHEREAS, the City will change the reporting relationship of the City Clerk from the City Council to the City Manager; and WHEREAS, the City will realize a salary savings from this change in reporting relationship; and WHEREAS, the City believes that these changes are in the best interest of the citizens of the City of La Quinta. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. AMEND CHAPTER 2.08 CITY MANAGER OF THE CODE AS FOLLOWS: city clerk." Delete from 2.08.060 Powers and Duties, section B the following: "and The amended section reads as follows: B. Appoint, remove, promote, and demote any and all officers and employees of the city except elective officers and the city attorney, subject to all applicable rules and regulations which may be adopted by the city council; SECTION 2. DELETE FROM 2.08.080 DEPARTMENTAL COOPERATION THE FOLLOWING: " AND CITY CLERK" The amended section reads as follows: It shall be the duty of all subordinate officers and the city attorney to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously. Ordinance No. 334 Amending Chapter 2.08 & 2.10 Adopted: August 3, 1999 (effective 9/15/99) Page 2 SECTION 3. AMEND CHAPTER 2.10 CITY CLERK OF THE CODE AS FOLLOWS: Delete from 2.10.030 Functions, section B6 the following: "in conjunction with the city manager." The amended sections reads as follows: B6. Prepare the council agenda SECTION 4. DELETE FROM 2.10.030 FUNCTIONS, SECTION B9 THE FOLLOWING: "ADVERTISING" AND REPLACE WITH "NOTICING." The amended section reads as follows: B9. Be responsible for the publication of all the official noticing of the city; SECTION 5. DELETE FROM 2.10.030 FUNCTIONS, SECTION 12 THE FOLLOWING: "COUNCIL" AND REPLACE WITH "MANAGER" The amended section reads as follows: 12. Perform such other duties consistent with this code as may be required of the city clerk, by the city manager. SECTION 6. EFFECTIVE DATE: This Ordinance shall be in full force and effect September 15, 1999. SECTION 7. POSTING: The City Clerk shall cause this Ordinance to be posted in at least three places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. Ordinance No. 334 Amending Chapter 2.08 & 2.10 Adopted: August 3, 1999 (effective 9/15/99) Page 3 PASSED, APPROVED and ADOPTED this 3`d day of August, 1999, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California T4&t 4 s4&QdArw AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: August 3, 1999 CONSENT CALENDAR: ITEM TITLE: Discussion of Village and Prototypical STUDY SESSION: Street Design Concepts PUBLIC HEARING: As deemed appropriate by the City Council. 11 I The Fiscal Year 1998/1999 Capital Improvement Plan established a budget of $500,000 for development of the Village Commercial Area Prototypical Street, $1,188,650 for the Village Commercial Area and $2,350,960 for the Village Cove Area. None. On June 22, 1999, the City Council reviewed four concepts for the Village Commercial Area Design Prototypical Street. A copy of the Study Session Minutes is included as Attachment 14. In considering City Council's comments made during the June 22, 1999 Study Session, the issues listed below that require further City Council study and consideration are divided into two major areas: 1 . The prototypical street within the Village Commercial Area; and 2. The entire Village Commercial Area including the Village Residential Area in the north section of the cove. TAPW DEPT\COUNCIL\1 999\990803a.wpd • Parking configuration for the prototypical street a. Retain existing parking b. Diagonal parking at each curb and in the center of the street C. Double diagonal parking in the center of the street with no curb parking • Pedestrian bridge • Lighting standard a. Gas as opposed to electric b. Standard design type (electric) • Landscaping • Traffic islands a. Existing b. Enhanced • Street pavement treatment at each entrance to the prototypical street a. Enhanced Crosswalks b. Gem Shape C. Circles d. Enhanced "meandering" paver • Water features a. Locations b. Types • Pedestrian crossing locations • Type of curb on prototypical street • Traffic control at the intersection of Avenida Navarro and Avenida Montezuma a. Roundabout b. Traffic circle • Considerations of Village intersections regarding circulation and traffic calming a. Traffic circulation for Avenida Montezuma i. One way (existing) ii. Two way b. Calle Cadiz, Barcelona, Amigo, and Avenida Bermudas i. Existing "wye" type intersections (configurations resembling the letter "Y") 0 0 il] T:\PW DEPT\COUNCIL\1999\990803a.wpd ii. One way "wye" intersections (configuration resembling the letter „Y „) iii. Standard "T" intersections • Curb treatment a. Rolled curb b. Standard 6" raised curb • Street width a. Standard 36 - 40' width b. Substandard 24 - 28' width • Alley improvements • Parking lot at Calle Tampico/Avenida Bermudas a. Entrances from Calle Tampico and Avenida Bermudas b. Entrances from Navarro and Avenida Bermudas • Grass City parking lot south of Ace Hardware Prototypical Street Three concepts have been developed for the City Council's consideration based on previous City Council Member's comments. Based on the comments received from the City Council, the Project Development Team (PDT) has prepared three revised concepts of the prototypical street layout for City Council's consideration. Included as Attachment 1 is a plan depicting Concept A. Concept A would leave the parking as it currently exists with 90' parking on the center of the street, and parallel parking on the sides of the street. Allowing for the minimum backup space for the 90' parking, the street width will allow for a six (6) foot parkway that can be used for a planting area. In areas where outdoor seating exists, it will allow for the sidewalk to extend beyond the seating area. Islands are proposed to break up the string of cars, and allow for enhanced landscaping, seating, and art display areas. Islands have been placed in front of the two outdoor dining areas to avoid vehicles parking adjacent to the dining areas. Both ends of the street have an enhanced pavement area, narrowed entrance to calm the traffic, and a small water feature in the island. Each end has a slightly different design depicting the t alternative concepts. One end shows the narrowing to occur by widening the side islands, and at the other end, the narrowing effect is achieved by widening the median T:\PWDEPT\COUNCIL\1999\990803a.wpd 0 0 .3 island. Staff seeks City Council direction regarding the preferred design. Concept A provides for a total of 50 parking spaces. Included as Attachment 2 is a plan depicting Concept B. Concept B is similar to Concept A in that it maintains the existing center medians, has the enhanced pavement, and narrowed entrance at both ends. The difference is that the parking is changed to a 45' angle. This allows for a narrower travel way, thus calming traffic along the length of the street. The width of the street allows four additional feet of sidewalk on the sides and larger island areas between parking. This allows for larger seating and display areas. The narrowing effect is also provided by the existing islands at each entrance and proposed parkway islands. This provides a haven for the diagonal parking and provides a street calming effect due to narrowed travel ways. The enhanced pavement crossing in the middle of the street utilizes the planter area and cuts diagonally across the middle island as opposed to a perpendicular crossing in Concept A. An option provided on this plan for the City Council to consider is extending the median island as indicated in the shaded areas to provide more channelization for the parking. Planter island areas have been extended in front of each restaurant so views from outdoor seating are not obstructed by parked vehicles. This concept provides for parking at store front and in the middle of the street with alternating parking bays for each direction of travel. Concept B provides 67 parking spaces. Included as Attachment 3 is a plan depicting Concept C. A third concept has been developed for City Council consideration. In this concept the end median islands are kept in place with added enhanced water features. Enhanced concrete paved paths extend across the entrances; however, they loop around behind the water features. This removes the pedestrian traffic from Desert Club Drive and Avenida Bermudas while providing entrance statements with the water features visible from both directions of the street. A narrow planter area running parallel to the centerline of the street extends between the planters. Diagonal parking is provided for traffic in both directions in the center only. The existing interior islands are removed and replaced at 1 /3 point intervals with two enhanced islands complete with enhanced concrete paved diagonal crossings. These are placed to break up the parking area and to provide more opportunity for pedestrian movement across the road. With Concept C, parking along the curb area on either side of the street is prohibited thereby providing for unobstructed views from outdoor seating and walk areas. Limited parking may be added at locations indicated by the City Council. Concept C provides 56 parking spaces. TAPW DEPT\COUNCIL\ 1 999\99O8O3a—Pd Concept A, Concept B, and Concept C provide different end treatment alternatives for Calle Estado. On Concept A the west entrance to Calle Estado features an enhanced concrete paved crosswalk. The east entrance of Calle Estado provides a gem shaped enhanced concrete paver. Concept B provides a circular enhanced concrete paver at both ends. Concept C provides an enhanced paver that curves around the proposed water feature. Any one or combination of these pavers may be utilized at the City Council's discretion. A Pedestrian Bridge across the center of the street has been investigated. Included as Attachment 4 is a plan showing a pedestrian bridge with ramps. Due to height requirements of the bridge to provide access underneath by vehicles, and the requirements for access to the bridge under the American Disabilities Act (ADA), the ramp required to reach the bridge would be a minimum of 216 feet long. If a switchback design were utilized and parallel parking or curb parking were desired, the ramp would take up 1 /3 of the parking spaces on each side of the street. This ramp may be accommodated if curb parking were not the desire of the City Council. Also investigated was the possibility of accessing the pedestrian bridge by use of a spiral ramp. In order to adhere to ADA requirements, the spiral ramp would be required to have a diameter of approximately 50 feet to provide the required length of ramp. Another option for access is a hydraulic elevator. It is estimated that a hydraulic elevator to provide handicap access would cost approximately $75,000. The cost estimate for the bridge and ramp is in excess of $500,000. If a pedestrian bridge were installed, fencing or screening on the sides of the bridge would be required to ensure items are not thrown off the bridge down onto pedestrians or traffic. The City Council discussed lighting standard alternatives including electrical, gas, and a combination of electrical and gas. Included as Attachment 5, 6, and 7 are proposed light standards. The light standards are hooded to provide down -cast lighting in conformance with the City's dark sky ordinance. Gas lines and electrical lines are both available within the street of Calle Estado. Standard electrical lamps cost approximately $3,500 each. A standard gas lamp is approximately $4,000. A combination of a gas/electrical lamp would cost approximately $7,000 each (because there is twice the number of fixtures and the fixtures must be separated for safety reasons). There is not a standard fixture for this type of application; therefore, a combination lamp will need to be specially manufactured. F' O 0.131 T:\PW DEPT\COUNCIL\ 1999\990803a. wpd The advantage of the gas lamp is aesthetics. The disadvantage is a low level of lighting that is sufficient only for aesthetic purposes. The advantages of electrical lighting is a more standard fixture and more light for safety purposes. Both types of lighting can be aesthetically pleasing. The proposed landscaping provides for canopy trees on the interior islands and all the fingered landscaped areas off of the curb. In addition to the canopy trees on the interior islands and finger areas, there will also be shrubs and flowering ground cover. The entrance islands at each end of the street contain four date palms, shrubs and flowering ground cover. Many of the existing palm trees may be relocated. Under all scenarios new curb will be constructed and turf areas will be removed. Traffic Islands During the June 22, 1999 City Council Study Session, City Council Members indicated preference for retaining the existing islands. Concepts A and B provide for the islands to remain in their existing configuration and location. Due to the condition of the curb, it would be replaced as part of this project. It is proposed that the turf area be removed in the existing islands and enhanced landscaping take place as described in the previous paragraph. Concept B indicates shaded areas outside of the oval shaped islands, putting the islands into a "parallelogram" configuration. This option, if so desired by the City Council, will be constructed of raised standard curb and landscape. This shape would further channelize the parking adjacent to the islands. Concept C provides a third option in which the three interior islands are removed and enhanced islands are placed at third points of the street to provide additional pedestrian crossings. This would provide crossings at either end of the street and two crossings in the middle of the street with enhanced crosswalks. The enhanced islands in Concept C would also provide additional parking spaces within the center of the prototypical street. Concepts A, B, and C provide four different alternatives for the end treatment statements at entrances to the prototypical street. Concept A provides for an enhanced crosswalk paver on one end of the street and a Gem shaped enhanced paver on the other end. Concept B provides for enhanced paved circles on either end of the street. Concept C provides for an enhanced paver which loops behind the water feature, thereby removing the pedestrians from Desert Club Drive and Avenida Bermudas. 006 T:\PW DEPT\COUNCIL\1999\990803a.wpd Water Features During the June 22, 1999 City Council Study Session, City Council Members stated a desire to have a water feature installed within the existing islands at each entrance to the street. The advantage to water features are that they are aesthetically pleasing and provide an entrance statement. The City Council may wish to utilize funding from Art in Public Places when considering the water feature and sculptures. The disadvantages to water features are the continued maintenance and vandalism which may occur in areas that do not experience high amounts of traffic throughout the day and night. The City Council may desire a sculpture that includes a water feature, so if the water is turned off at anytime during the day or night, the sculpture will still provide a statement that will be aesthetically pleasing. Concepts A and B provide enhanced paved pedestrian crossings at each end of the street and one in the middle of the street. Concept A provides a crossing that is a straight line perpendicular configuration through the middle island. Concept B provides a diagonal enhanced crossing that extends through the middle island. Concept C provides for four enhanced paved crosswalks, one at each end of the entrance to Calle Estado and two diagonal crossings through the enhanced island areas for a total of four crossings. Paved crosswalks provide a further traffic calming measure due to a greater pedestrian awareness by motorists. The enhanced paved crosswalks also provide a channelization of pedestrian traffic at more convenient locations which will encourage pedestrians to cross at designated points. During the June 22, 1999 City Council Study Session, City Council Members favored the use of rolled curb in the village residential area. Concepts A, B, and C for the prototypical street were developed utilizing standard 6" curb. Rolled curb may be utilized in areas of narrower streets to allow for parking off the edge of the street. However, this is not recommended for the prototypical street or the Village commercial area since a rolled curb may encourage motorists to park their vehicles into the proposed sidewalk extension. Village Commercial and Residential Area Korve Engineering has completed a report entitled "Potential Traffic Calming Measures in the Village Area." A copy of this report is included as Attachment 8. Figure 1 of Attachment 8 provides an overview of the proposed traffic calming measures within the Village Area. 0 019 T:\PW DEPT\COUNCIL\ 1999\990803a. wpd A traffic calming report has been prepared utilizing records of accidents recorded in the Village over the past three years and proposed traffic circulation patterns. Traffic calming can improve local quality of life by reducing traffic speeds and volumes and by encouraging bicycle and pedestrian trips. The report recommends enhanced crosswalks across Desert Club Drive and Avenida Bermudas, at each end of Calle Estado and Avenida La Fonda, and across the center of both Avenida La Fonda and Calle Estado. Concept C would provide for two enhanced crosswalks across Calle Estado at the one-third points. The enhanced paved crosswalks across Avenida La Fonda and Calle Estado may be raised crosswalks or speed tables. Speed tables act as speed humps. Included with this report as Attachment 9 is a report regarding speed humps dated July 20, 1999. Although crosswalk speed humps may slow traffic by approximately 5 MPH, they have been known to cause damage to vehicles and curb. They render street sweeping ineffective and must be replaced each time the road gets overlayed. Emergency services have indicated that speed humps lengthen the time of response of emergency vehicles. Noises from speed humps and emergency response time may be reduced by lowering the crown of the speed humps so vehicles would not have to slow. This however, would render the speed hump ineffective. The cost of speed humps is $2,000 to $3,000 each. Chokers or neck downs have been provided at each entrance to Calle Estado and Avenida La Fonda. These include widened curb parkway islands and widened median islands to reduce the traffic lane width at the entrances. This also effectively reduces the length of lanes pedestrians must walk across. Enhanced crosswalks have also been provided across Eisenhower Drive at both north and south Avenida Montezuma crossings. Chokers have been provided at both north and south entrances of Avenida Montezuma from Avenida Mendoza. There has been discussion regarding traffic circulation of both north and south Avenida Montezuma. Presently, the configuration acts as a large roundabout with one way traffic flowing in a counter clockwise direction when facing northward. An alternative of providing two way traffic on both the north and south way of Avenida Montezuma has been investigated. The traffic calming report, included as Attachment 8, recommends that Avenida Montezuma remain in its current one way configuration. This simplifies the operation of intersections at either end of the park and reduces the potential for accidents at these locations. In addition, new pavement markings would enhance pedestrian and motorist safety. The addition of perpendicular parking would tend to slow traffic around the park and could also increase the parking supply by providing clearly defined parking stalls. Included as Figure 2 of Attachment 8 is a plan indicating the existing traffic circulation of Avenida Mendoza. Included as Figure 5 of Attachment 8 is a configuration indicating two way traffic for the circulation pattern of Avenida Mendoza. 008 T:\PW DEPT\COUNCIL\1999\99O8O3a.wpd Both a traffic circle and a roundabout have been investigated for the intersection of Avenida Mendoza and Avenida Navarro. Figure 3 of Attachment 8 shows a plan indicating a traffic circle within the intersection. The traffic circle will provide a "traffic island" effect, calming traffic with the right-of-way being established for Avenida Montezuma. Figure 4 of Attachment 8 is a plan showing a roundabout at the intersection of Avenida Montezuma and Avenida Navarro. A roundabout would provide not only traffic calming, but traffic control. Traffic entering the roundabout would be required to yield to traffic within the roundabout. The roundabout would also provide more space in the intersection if the City Council wished to provide a sculpture or some other statement at this location. Additional consideration for the configuration of the intersections of Calle Cadiz, Barcelona, Amigo, and Avenida Bermudas must be addressed. These intersections are currently "wye" type intersections with both sides of the "wye" being two way. One alternative is to design the street to make the "wye" one way, thus eliminating the confusion in the "wyes." Another option is to eliminate the "wyes" altogether and provide standard "T" intersections. A third option available for the intersection of Barcelona and Avenida Bermudas is to eliminate the "wye" and realign Barcelona with Calle Hidalgo or bring Barcelona into Avenida Bermudas as a "T" intersection offset with Calle Hidalgo. Included with this report, as Attachment 10, are various alternatives for these intersections. During the June 22, 1999 City Council Study Session, City Council Members favored rolled curb for the village residential area. Proposed for the Village commercial area is a standard 6" raised curb. It is recommended that a standard 6" high curb be utilized for the prototypical street in the Village commercial area due to the constraints of parking. A rolled curb would encourage motorists to park partially on the sidewalk, which is not the intent of the sidewalk in the commercial area. During the June 22, 1999 City Council Study Session, a resident stated his desire for substandard street widths. His reasons involved traffic calming and maintaining the rural atmosphere of the Village residential area. There are a number of large Eucalyptus trees within the City's existing 60' right-of-way that would have to be removed if a standard 36 - 40' wide residential street were put in place. The City has sufficient right-of-way to complete the standard road width, which would provide parking on either side. The City Council Members stated their support for the use of rolled curb in the residential areas. 00 T:\PWDEPT\C0UNC1L\1 999\990803a.wpd The City of La Quinta General Plan defines local streets as all roadways which do not fit within the arterial or collector classification. The local street system is designed primarily to provide access to abutting properties with the movement of traffic given secondary importance. The width design standard set out in the General Plan is 36-40 feet. The reason for the 36-40 foot width is to provide two 10 - 12 foot lanes with shoulders for parking. The City Council may designate narrower streets if the City Council wishes to restrict parking. The advantages of narrower streets include less initial cost, less maintenance and operation costs, and a traffic calming effect. The disadvantage includes limited parking, and possible residential conflicts regarding parking rights. Included with this report, as Attachment 11, is City Standard #160 for alley construction. The alleys within the Village commercial area will be paved to adhere to this standard. This includes 20' minimum pavement width. . . I . . - .. : - GOT . . As an additional consideration, the City Council requested a layout and a preliminary cost estimate for the parking lot on City owned property at the southwest corner of Calle Tampico and Avenida Bermudas. Attached are two options for the parking lot layout. The cost to construct the lot is approximately $125,000. Staff is seeking City Council direction regarding the inclusion of the development of this lot with the Village Improvements. Attachment 12 is a plan of Alternative 1 that provides for an entrance off of Calle Tampico and off of Avenida Bermudas with 13 parking spaces and 2 handicap spaces for a total of 15 spaces. Attachment 13 is a plan of Alternative 2 that provides access from Avenida Navarro and Avenida Bermudas. This alternative provides 9 parking spaces and 2 handicap spaces for a total of 11 spaces. The last item discussed was regarding the City owned parcel south of Ace Hardware, which is presently being utilized for special event parking. This area has been landscaped with grass and the irrigation has been updated. Presently, access is barred from the area by an earth berm. City Council directed staff to utilize a more aesthetic berming treatment such as curb and/or bollards. A six inch standard raised curb may be placed as part of the other improvements to the Village, thus limiting the entrances to this grass area. Access ramps may also be provided with access controlled by bollards and chains for removal during special events. T:\PWDEPT\COUNCIL\l 999\990803a.wpd III NO 1 ' 1 RX-a 11 UP► ' As deemed appropriate by the City Council. Respectfully submitted, Chris A. Vogf Public Works Director/City Engineer Approved for submission by: bThomas P. Genovese City Manager Attachments: 1 . Concept A, Existing Parking 2. Concept B, Diagonal Parking 3. Concept C, Double Diagonal Parking 4. Pedestrian Bridge Plan 5. Light Standards Twin Pole Mount Luminaire 6. Light Standards Uptown Light with Banner 7. Light Standards Decorative Pole Mount 8. Traffic Calming Report 9. Speed Hump Report, July 20, 1999 10. "T" & "Wye" Intersections 1 1 . Alley Standard 12. Parking Lot - Tampico & Bermudas 13. Parking Lot - Navarro & Bermudas 14. June 22, 1999 Minutes T:\PWDEPT\COUNCIL\1999\990803a.wpd O i l �\ cq Q d3 X3 � t II I I I I I O 0 Q wco LU J J U 'p I r AJI "K . .;-, i -,) m �I Viz; �•� z W ' J ATTACHMENT 5 1 2 7/8' O.D. ALUM. ARM 1 5/8' O.D. ALUM. ARM 120 V WEATHERPROOF GFCI TYPE RECEPTACLE 2 3/8' O.D. ALUM. ARM 4PE COLOR AS SPECIFIED wx � U2 A za w C W =� , O a4' N F O N 01 p 0� Q' ��. UO i a o 4 _UMINAIREt DECORATIVE CAST AND SPUN ALUMINUM CONSTRUCTION, :SIGNED FOR WEATHERTIGHT PERFORMANCE. 3LOBEj OPAL ACRYLIC WITH COLOR BAND ON UPPER PORTION - GL13BE BALLAST, METAL HALIDE OR HIGH PRESSURE SODIUM (100 WATT %XIUM) - VOLTAGE AS REQUIRED - MOUNTED IN LUMINAIRE HEAD. _AMP, METAL HALIDE OR HIGH PRESSURE SODIUM (100 WATT MAX) 'OLE PCB 306-14 (5' DIA. X 14'-0' X .250 WALL FLUTED _UM.>, WITH DECORATIVE CAST ALUM. BASE, INCLUDING BASE _ATE, HANDHOLE, AND HANDHOLE COVER. -INISH POWDER COAT - SHERWIN WILLIAMS PRESERVATION PALETTE 3CKWOOD SASH GREEN #SW 2810 J.L. ALL ELECTRICAL COMPONENTS SHALL BE U.L. LISTED. (2) 120 V WEATHERPROOF GFCI TYPE DUPLEX RECEPTACLE WITH LOCKABLE COVER/KEYED ALIKE - LOCATED 180 DEGREES APART HANDHOLE WITH COVER Pro In) 017 UPTOWN PALM SPRINGS * LUMINAIRE: ONE PIECE HEAVY GAUGE SPUR ALUMINUM HOOD, HEAVY GAUGE SPUN ALUMINUM DOME. * ACCENT RINGS: THREE (3) 3/8" THICK CLEAR ACRYLIC WITH "PACIFIC. ELVE" OPTICAL COLOR ILLUMINATION OR OUTER EDGE. * DIFFUSER.: ONE PIECE SEAMLESS WHITE "DR" ACRYLIC. * REFLECTOR: SPECULAR ALUMINUM. * BALLAST. 100 WATT MERCURY VAPOR - VOLTAGE AS SPECIFIED. * SOCKET: MEDIUM BASE PORCELAIN SOCKET. * LAMP: 100 WATT MERCURY VAPOR (WHITE). * LUMIMAIRE ARM: 1 1/2" O.D. ALUMINUM PIPE MOUNTED TO DECORATIVE CAST ALUMINUM MOUNTING BRACKET AND 2" DIAMETER DECORATIVE "BRASS" BALL ON BOTTOM. * HARMER ARM: 1 1/2" O.D. ALUMINUM PIPE WITH TWO (2) 1" DIAMETER HOOKS AND 2" DIAMETER "BRASS" BALL ON END. * POLE: (PCB 306-14) 5" DLA. K IW O" K .250 WAIL FLUTED ALUMINUM WITH DECORATIVE CAST ALUMINUM BASE INCLUDING BASE PLATE, HARDHOLE AND HANDHOLE COVER - WITH 4" DIA. E 2'0" E .250 WALL ALUMINUM EXTENSION - WITH 4" DIAMETER BRASS BALL. * FINISH: POWDER COATED TO MATCH SHERWIN WILLIAMS "ROOKWOOD SASH CREEK" (SW ►2810). * U.L.: ALL ELECTRICAL COMPONENTS SHALL BE U.L. LISTED. �HMENT 6 016 ATTACHMP 7 019 ATTACHMENT 8 � Korve 1 Engineering MEMORANDUM TO: Chris A. Vogt, P.E., City Engineer John Freeland, Senior Engineer CC: Eldon Lee, P.E. FROM: Netai Basu, AICP DATE: July 26, 1999 SUBJECT: Potential Traffic Calming Measures in the Village Area 998168x0 PRELIMINARY DRAFT The purpose of this memorandum is to describe potential traffic calming measures which could be implemented in the Village area of La Quinta as part of the overall program of street improvements now in design. These measures have been developed following a review of the recent history of accidents in the Village and in response to identified problem areas. It should be noted that these traffic calming measures are preliminary, pending a review of current traffic data (speed and volume) and further discussions with City staff. Implementation of these potential traffic calming measures would further several goals that have been identified for the Village through earlier planning efforts and a series of public meetings held in March of 1999: • Make the Village more bicycle and pedestrian friendly; • Improve bicycle and pedestrian links between the Cove and the Village areas of La Quinta; • Maintain as much on -street parking as possible. Review of Reported Accidents A review of accidents reported in the Village area over the last 4 years (1996 - 1999) was conducted. Of the 45 reported accidents within the area bounded by Calle Tampico, Eisenhower Drive, Calle Sinaloa and Washington Street, over two-thirds (33) occurred on perimeter streets rather than within the Village area itself. The majority (8) of the 12 accidents reported within the Village resulted from one driver failing to yield the right of way to another at intersections or driveways. Most of these accidents occurred on or near Avenida Bermudas in the general vicinity of Avenida La Fonda and Calle Estado. Three accidents occurred when drivers failed to negotiate turns safely, possibly due to unsafe speeds, and struck fixed objects (eastbound Avenida Montezuma South approaching Avenida Navarro; southbound Desert Club Drive onto westbound Calle Estado; in the parking lot at 78-450 Avenida La Fonda). One accident occurred when a driver struck a parked car while parallel parking. Potential Traffic Calming Measures The term "traffic calming measures" refers to various physical features placed in the roadway environment to reduce vehicular travel speeds and/or to divert through traffic to alternate routes. In addition, the construction of sidewalks and bicycle lanes, while not traffic calming measures in and of themselves, can improve the safety and visibility of non -motorized travelers. Traffic calming can improve local quality of life by reducing traffic speeds and volumes and by encouraging bicycle and pedestrian trips. Each of the traffic calming measures proposed for La Quinta Village is described separately below, followed by a discussion of how different streets in the Village could be treated. Enhanced Crosswalks - Crosswalks exist in a legal sense at all intersections, whether marked or unmarked (CVC Section 275), but enhanced crosswalks provide a higher level of visibility for pedestrians through the use of special paving materials. The visual and tactile contrast with the surrounding road surface alerts both motorists and pedestrians that these are potential conflict areas. Further, the provision of enhanced crosswalks may reduce incidences of jaywalking. Stamped concrete, bricks or other special pavers can be used. Raised Crosswalks or Speed Tables - At mid -block locations where excessive vehicle speeds are a concern, it is appropriate to install raised crosswalks or speed tables. A speed table is an enhanced crosswalk which raises the pedestrian crossing to the level of the adjoining sidewalk areas and also functions as a speed hump. Chokers or Neck -Downs - Curb modifications and, possibly, landscaping features which narrow the roadway at intersections can be used to slow approaching traffic, shorten pedestrian crossing distances and to improve pedestrian visibility. Lane Narrowing - Excessive travel speeds can occur on roads with excessive or undefined travel lanes. The re -striping of a road which results in a narrower travel lane can be effective at reducing speeds. The addition of curbs and gutters, sidewalks and bicycle lanes to some Village area streets will provide motorists with more clearly defined travel lanes than now exist. Traffic Circles or Roundabouts - Traffic circles or roundabouts are raised islands placed in an intersection. They are landscaped with ground cover and, possibly, street trees. Traffic circles are effective in reducing vehicular travel speeds in their immediate vicinity by forcing motorists to maneuver around them. The traffic approaching the circular flow pattern at the intersection can operate under either minor approach stop -control (traffic circle) or all approach yield control (roundabout) conditions. A well -designed traffic circle will not prevent the safe passage of emergency vehicles or large trucks. Gateway/Perimeter Treatments - At key entryways into La Quinta Village, a combination of signs, intersection treatments and landscaping can be used to alert motorists that they are entering a special area. Perpendicular or Angle Parking - While not specifically used as a traffic calming measure, perpendicular or angle parking can have the effect of reducing vehicle travel speeds because of the increased time and space needed by drivers accessing the parking stalls. Application of Traffic Calming Measures to Village Area Streets The potential application of the traffic calming measures described above to La Quinta Village area streets is shown in Figure 1. Below is a discussion of how individual streets could be treated. Calle Estado and Avenida La Fonda between Avenida Bermudas and Desert Club Drive - The design of the prototypical street to be applied on Calle Estado and subsequently on Avenida La Fonda would incorporate several traffic calming features. The design scheme for the prototypical street would retain and enhance the current parking arrangement with one-way travel on either side of the center aisle of perpendicular parking stalls. An alternative design would provide angled parking stalls on the prototypical street. Chokers or neck -downs placed at each end of the block would shorten pedestrian crossing distances and improve pedestrian visibility to motorists. Enhanced crosswalks and landscaped water features would be placed at the ends of each block to accent these crossing areas. Additional crosswalks placed at mid -block locations would further facilitate pedestrian activity and could be installed with either special paving materials or as raised crosswalks or speed tables to slow the flow of traffic through these blocks. The width of the existing sidewalks would be doubled. These blocks are approximately 900 feet long and speeding is not likely to be a problem here but the use of raised crosswalks would serve to reinforce in drivers' minds the fact that this is a special area and that a relatively high level pedestrian activity can be expected. These streets form the commercial core of the Village and the traffic calming measures discussed would combine to create a gateway or perimeter treatment. Avenida Montezuma North and Avenida Montezuma South - Characteristics of the prototypical street design would be applied to Avenida Montezuma North and Avenida Montezuma South in the vicinity of Frances Hack Park. It is anticipated and recommended that these streets would remain in their current one-way configuration, simplifying the operation of the intersections at either end of the park and reducing the potential for accidents at these locations. These streets currently do not provide sidewalks and the edges of the traveled way are not clearly defined, with vehicles parking haphazardly on either side. The addition of sidewalks and new pavement markings being considered would enhance pedestrian and motorist safety. The addition of perpendicular parking would tend to slow traffic around the park and could also increase the parking supply by providing clearly defined parking stalls. Enhanced crosswalks and chokers or neck -downs could be placed at the intersections of Avenida Montezuma North/Avenida Mendoza and Avenida Montezuma South/Avenida Mendoza to increase pedestrian visibility, shorten pedestrian crossing distances and to slow traffic. Avenida Montezuma/Avenida Navarro - This intersection is located immediately east of Frances Hack Park and is currently minor approach stop -controlled (Figure 2). Several circulation improvement options for this intersection were explored in a memorandum dated June 29,1999. It was recommended that, at a minimum, the existing signing and striping be upgraded to warn drivers of unusual roadway conditions in the area. The installation of either a small traffic circle which would maintain the current intersection controls (Figure 3) or a large roundabout which would operate under all approach yield control (Figure 4) was also explored. Both were found to be feasible and would reduce vehicular travel speeds on Avenida Montezuma. This intersection lies in the heart of the Village area and it would be appropriate to install a special traffic control device here. The possibility of returning Avenida Montezuma North and Avenida Montezuma South to two-way operation around the park was not recommended because of the relatively minor inconvenience to motorists and particularly because of the resulting complexity of the intersections of Avenida Montezuma with Avenida Navarro and with Eisenhower Drive (Figure 5). Avenida Montezuma/Eisenhower Drive - This intersection is located immediately west of Frances Hack Park and is currently all -way stop -controlled. This intersection is similar to Avenida Montezuma/Avenida Navarro except that Eisenhower Drive provides four travel lanes rather than two. Because this intersection lies at the edge of the Village area and because Eisenhower Drive has four traffic lanes, the installation of a traffic circle or roundabout is not recommended here. The installation of enhanced crosswalks at this intersection would identify this point as an entrance into the Village area. Avenida Bermudas and Desert Club Drive - These are the primary north -south streets through the Village area. These streets currently do not provide sidewalks and the edges of the traveled way are not clearly defined, both of which are a part of the overall program of street improvements currently being developed. As part of the gateway/perimeter treatment at the ends of the prototypical street on Calle Estado and Avenida La Fonda it is recommended that enhanced crosswalks be provided across both Avenida Bermudas and Desert Club Drive. These will offer increased visibility to the pedestrian crossing locations and will alert drivers that they are entering a special area. The bicycle lanes proposed for Desert Club Drive will provide a connection through the Village area between Fritz Burns Park and the school north of Calle Tampico. Avenida La Fonda between Desert Club Drive and Washington Street - The existing series of gentle curves on Avenida La Fonda east of Desert Club Drive serves to slow traffic on this street. The overall program of street improvements will supplement the existing curb and gutter with sidewalks and bicycle lanes, which will enhance the connection between the core of the Village and the Senior Citizens' Center and City Hall to the east. 0`'. 133N1S NOON I HSYbI _ J J Q ! 0 O J Y ( p cn.L O J p U W p z cr = cl� F) w W W 0- - _ w I I Q. _ i'- i w Q • --_ '1`t1`fi-.- .. •il(7 an-D ia3S30 � i a O I U --La U .l wtu J _._.SVCrft 38 VOIN3AV . - p212 AYN VOI N3AY _ -_- ONNdAYN Y01 N3Ad P _-. 6 I , _.-- 06WVAVN VOIN3AY _ v L ;6' Ilk, z II cL f a _ � a + � YIII-N3AY r Y200N3W VOiN3AY - - U1g0dN3W � 111 ; w r�1�5 r tii .¢ �.� p? _ . , hCh P - 73NIlMVW YOI N3AV � Aa, � Q�• } t rr W 0 s �l cn w Z Q J w J U r v m i —oaa AVN—T101 N -0N8VAdN VGI N3Ad------------- - / yp CL - \- -- - yzodN3W dd I N3A V - } v GN3 / �13MOHN3S 13—� IIIIIIIIIIIIIIIIIIIIIIIIIIIII Q �IIIIII'II��IIIIIIIIIIIIIIIIIIIIIII�II��Icn °""Illl�lllllllllllllllll��illllllu' z L Ox991966 9MO S?JO� 99196E 3 N (n z Z W O �LL. o J- o � U Y �0 �Z Q- J U) W z D [Y Q J N C C Y W L L l I I I I z Li� � I I I \ ON4aVAVN t/a l N3/1 b y y o \ W o�u�llllllllllllllllll��o� w Q �� ''��I�������IIIIIIIIIIIIII V) "'�i��llllllllllllllllll�ii� ° Z 66/U/4 OX291966 9M0'SdOJ S91966 Z,t H _ D 0%O svcnPV838 — VCl / N3A b' U p1 Q Q 0 N W W 1 (D V) I I I O r I I I J O a Q > O p II III II j� 3 f W III II IZ a OF-- _ I UZ 1 � I � ❑❑ d U ♦ Q U J I o,OZ ,OZ w } I � I I I I I 3 C,4 a � T p II ,b1 ,91 --r- __._- ---- -- -- Vic° � �! io ♦ 088VA VN ♦ �\ b 41 N3A b af u / -h �j F a W W-P / V s � N / CK / Lu / / / v / / / / / o Y Y uui�lllllllllllllllllll, z U � Ipl, Q o .0) Q Q Q"� �I ''�II��IIIIIIIIIIIIIIIIIIII II Y W I �� � "'�Illlllllllllllllllll��ii��� ° 40 z 66/£7VL Ox991966 OM0 sds0 9919O O 'i ho // I 02 8VA dN VO I N3A b o � ° r� 02 8VAVN - HO I N3AV TO � M i i TIS \ p p � \ // P o U Y oOL 41 \ moo\ o LLJ = Q LL V 0 Oe 3/1 I NO 213MOH 3S-V3 �n i au a�invriiv�s� 1 - ------ III _ _—_— u�ullllllllllllllllllllll���, Q IIII III ' U I II III�IIIIIIIIIIIIIII f - III,, III "III��IIIIIIIIIIIIIIIII��ii11 ° Z 66/U/L 0x991966 9M0 SdOj 991966 DE L- J z v �OFiN�' ATTACHMENT 9 TO: The Honorable Mayor and Members of the City Council y FROM: Chris A. Vogt, Public Works Director/City Engineer �r DATE: July 20, 1999 RE: Speed Humps During the June 22, 1999 City Council Study Session, an issue was raised regarding the placement of speed humps within the Village Residential area. The existing "pavement hump" located on Calle Cadiz was actually placed to divert drainage run off away from the existing homes. This was not placed as a means of controlling traffic speeds. During the June 29, 1999 City Council Meeting, the City Council requested information regarding speed humps and the City's legal ability to utilize speed humps as a traffic speed controlling device. The concept of speed humps has been utilized for some time as a measure of traffic speed control. Although speed humps have been used, they are not an officially approved standard by the state as a traffic control measure. The Institute of Transportation Engineer's (ITE) has created a standard for speed humps. Speed humps and speed bumps are two separate treatments. Speed humps range in width from 6' to 12' wide and extend entirely across the paved area with gaps only at the curb and gutter. They are slightly rounded on the edges and have a maximum depth of approximately 4 1 /2" (+ or - 1 /2"). They are usually marked with diagonal striping to indicate obstruction. The spacing on speed humps varies, but usually is approximately 400' from center to center. Studies have indicated that speed humps reduce traffic speeds by approximately 5 mph. Speed bumps are usually in parking lots and are approximately 6" wide by anywhere from 4" to 6" high. I would not recommend the installation of speed bumps on City streets. The City has the authority to place speed humps as traffic control measures on City streets. The installation of each speed hump costs approximately $2,000 to $3,000. Street sweeping is ineffective in the location of the speed hump. The speed hump has to be removed and replaced each time the City street is overlayed or slurry sealed. 't J'CVU@PT COUNCIL I s > �n92Rcptsvpd ,'.. ®<'9 Although studies have indicated that speed humps reduce traffic speeds by 5 mph, a number of other items must be considered. They are as follows: 1 . There have been a number of claims regarding vehicles `bottoming out" on speed humps, thus causing damage to the undercarriage of the vehicles. 2. In order for the street to drain properly, the speed hump does not extend all the way to the curb and gutter. This is to allow the flow of water continuously and disallow the damming of the curb and gutter by the speed hump. Motorists tend to swerve when approaching speed humps so that only two tires go over the speed humps. Accidents have occurred due to loss of control by people swerving to miss the speed hump and hitting the curb and gutter. This results in damaged curb, damaged vehicles, and vehicles deflecting back into oncoming traffic. 3. The cost of the speed humps is prohibitive at $2,000 to $3,000 each and must be replaced each time the road is overlayed or slurry sealed. 4. Street sweeping is ineffective in the location of speed humps. 5. Although speed humps slow traffic, care must be taken for proper spacing, to avoid increased speeds between speed humps. Motorists tend to slow down to go over speed humps and then accelerate between speed humps. This also increases noise between the speed humps. 6. Complaints have been received regarding speed humps that are installed directly in front of a house. Additional street noise is generated from bouncing vehicles going over the hump. Many people, although originally in favor of speed humps, state they do not wish the speed hump to be in front of their property. For this reason, if speed humps are installed, care must be taken to place the speed humps on property lines. 7. Emergency services have voiced their opposition to speed humps, stating that they reduce response time. This issue was discussed with the La Quinta Battalion Chief, Doug McCain. Chief McCain stated that speed humps do slow down response time; however, the Fire Department does not view this as a big problem if the speed humps are low enough and rounded so they may negotiate them at a higher rate of speed without causing damage to their vehicles. Although this may be a solution to emergency vehicle response time, it would render speed humps ineffective as soon as the motoring public realizes that the speed humps can be negotiated at a higher rate of speed. 8. When speed humps are placed on a street, traffic usually avoids that street. Although this may be desirable for the residents of the street requesting speed humps, adjacent streets that run parallel to the street with speed humps observe an increase in traffic. Soon the residents on the parallel streets are requesting speed humps. For this reason, most surveys or petitions, require TP%k'DEP"1"-COUNCILi1999`990702Dcpt wpcf 1 _j t;;,J requesting speed humps. For this reason, most surveys or petitions, require signatures not only from the residents on the street requesting the speed humps, but from adjacent parallel street property owners with a full disclosure of the possible impacts. Speed humps have been utilized as a traffic calming device. Other traffic calming devices for consideration that may not provide quite as large an impact to the City's budget and the residents are as follows: 1 . Narrowing of streets (newly constructed streets) 2. Traffic islands at intersections 3. Narrowing of street entrances In October 1998, the Rancho Mirage City Council approved a pilot program in which three 3 1 /2" high speed humps were placed on Magnesia Falls Drive. Included with this report is a copy of the City of Rancho Mirage Staff Report discussing the results of the pilot program. According to the staff report, the program was a success; however, each situation must be viewed separately in order to determine the effectiveness and impacts of installing speed humps. In summary, this information is not to discourage the City Council from considering speed humps as traffic calming devices. The City is well within its authority to place speed humps on City streets. However; the City must take care on the street chosen to utilize speed humps as a traffic calming device. It is not recommended that speed humps be placed on any street other than local streets and the decision for placement of speed humps should be made only after all other remedies of speed enforcement have been exhausted. A number of other cities have utilized speed humps as traffic calming devices including Rancho Mirage, Chino Hills, and Los Angeles. The cost of each speed hump is anywhere from $2,000 to $3,000 and emergency services have stated that speed humps lengthen the response time by slowing the emergency response vehicle. If you have any additional questions, please feel free to contact me. CAV/acs cc: Thomas P. Genovese, City Manager F PWDEPF(OUNCIL 9gO`02Dcpl wpd 03 CITY O� R he o M�RACC C 7 STAFF PORT TO: City Council ' COUNCIL DISTRICT: FROM: Bruce B. Harry, Jr., Director of Public Wor s SUBJECT; Report on the Magnesia Falls Drive Speed Humps; Policies and Procedures for Future Use SPECIFIC REQUEST OR RECOMMENDATION: It is recommended that the City Council: (1) Permit the existing 3/2-inch high speed humps on Magnesia Falls Drive to remain for an indefinite period of time. (2) Direct staff to develop a "Policies and Procedures Guide" for the consideration and - installation of future speed humps. JUSTIFICATION OR INFORMATION: in October of 1998, the City Council approved a staff recommendation to install three 3%-inch high speed humps (for a six-month trial period) on Magnesia Falls Drive between the Rancho Las Palmas shopping center and Joshua Road. The Council's decision to install these speed humps was in response to a majority request of the residents who live on this street in an effort to control speeding vehicles. The three 3 '>2 -inch high speed humps, spaced at 350 foot centers, were installed (at a cost of $3,000) by City staff in accordance with the Federal Highway Administration's (FHWA) latest design standards. Staff has performed follow-up study to determine what effects the speed humps have had on controlling ve',:icle speed, and the results have shown a significant reduction in the prevailing speed (85th Percentile Speeds) with no reported accidents or vehicle damage clams. The recorded prevailing speed on Magnesia Falls Drive prior to the speed humps was 44 m.p.h., anc after installation of the speed humps the prevailing speed dropped to 27 m.p.h„ a significant decrease. The technical data resulting from the speed study is included as an attachment to this report. Although speeds were reduced, several difficulties were observed CITY COUNCIL ACTION: Approved as Requested: Referred to: Approved as Amended: For: Denied: Cont. To Agenda of: Other: . Hearing set: 7). ✓ / ~ AGENDA ITEM e Reoort on Speed Humps Page 2 JUSTIFICATION OR INFORMATION CONTINUED: which were primarily attributable to the height of the 31/2-inch humps, such as: pavement scarring, increased noise of vehicle braking and accelerating near the humps, complaints from residents on street vibrations, a substantial differential in speeds along the street (19 m.p.h. at the humps and 29 m.p.h. between the humps), and concerns from Fire Department personnel on the potential of increased emergency response times. However, as time has passed, the majority of these difficulties have positively resolved themselves. Public reaction (not from residents on Magnesia Falls Dr.) to the speed humps was substantially negative during the first several weeks, but subsided nearly entirely after a couple of months. A meeting with the Magnesia Falls Drive residents shortly after the installation of the speed humps indicated that they were pleased with the City's response to their concerns, but felt that the humps were to short and there was a need for a forth hump. They also felt that the amount of cut-thru traffic had not decreased, but were hopeful that the Rancho Las Palmas shopping center entry ~modifications would mitigate this concern. As a result of the shopping center entry modifications, xield observations have validated that eastbound traffic on Magnesia Falls Drive has been significantly reduced, but a few residents still feel that there is a need for a forth speed hump near Joshua Road. Staff is recommending that Policies and Procedures be developed for the use and installation of speed humps, and that these Policies and Procedures be adopted by the City Council as soon as oos"sible. Staff has already been working on the development of a proposed Policy and Procedure Guideline and can present them to the City Council at their July 27, 1999 meeting. in conclusion, the Magnesia Falls Drive speed hump experiment has demonstrated that speed humps :;an be an effective method of controlling speeds on residential streets. The speed humps, when properly designed and spaced, can provide adequate speed control which satisfies the local residents and daily motorists. The following are the primary findings and conclusions of the Magnesia Falls Drive speed hump experiment. Speed humps significantly reduce the prevailing speeds on r Gidentiai streets, 2. There have been no accidents or vehicle damage claims reported as a result of the speed nump installations. In California, there are about 500 public streets where speed humps have been instailed. The earliest installation of speed humps occurred in 1979 and there have been no documented cases of cities bei, g sued over their installation. 3. There has not been enough time to study ;whether speed humps are effective in diverting traffic, but it is logical to conclude that some motorists would tend to alter their path of travel due to the inconveniences speed humps pose to motorists. AGENDA ITEM /A _ _. ljj 2epert on Speed Humps Page 3 JUSTIFICATION OR INFORMATION CONTINUEO: 4. Public reaction (non-resident) although initially opposed {due primarily to the surprise of the new devicesl usually subsides substantially thereafter. 5. Residents of Magnesia Falls Drive generally agree that the speed humps (3'/2 ") have had an overall beneficial impact on their street, do not find noise a severe problem and overwhelm- ingly favor their continuation; and o. Fire Department personnel have expressed concerns about the possible wide spread proliferation of speed humps on residential public., streets. However, they urge that they be restricted for use on residential streets and not be installed on non-residential streets as well as critical access routes to hospitals. The paramedics still have concerns about the effects the humps have on their emergency response times and patient comfort during transport, but have not requested that speed humps be banned from use. Based on the Magnesia Falls Drive speed hump experiment and other documented experiments in other cities, staff concludes that the use of speed humps in controlling speed on local residential s r.eLels is effective and recommends their use only if Policies and Procedures are adopted by the City Council. The use of speed humps on any non-residential public street is not recommended and should never be considered. It should be noted that with the development of the Policies and Procedures Guide for speed humps, criteria can be established to limit their use. For example, if traditional means such as police enforcement of speeding is not effective, then the use of speed humps can be reviewed and considered by the Engineering Department. Staff feels that strict criteria can be established that ,.would allow staff to review requests for speed humps that would be presented to the City Council or consideration. AGENDA ITEM -_ Oj O H Z w U H • • 0 0 Lo 0 z R/W ATTACHMENT 11 20' MINIMUM A 1/2 WIDTH 112 WIDTH ' i� pmgm'l R/W — - B A.C. PAVEMENT CLASS "B" ONCRETE N B ALLEYkPRON - ,_-----------1--------- —�—r — , OINT EXPA I I I EXPANSION .' MS ON JOINT SIDEWALK i o W i SIDEWALK Z I LL J I LI CURB FACE i--- 4'� -I GUTtTER CURB FACE • M" 2"X4" REDWOOD HEADER — 2"X4" R/V1! 20' MI � IMUM R/VV REDWOOD 1/2 WIDTH 1/2 WIDTH HEADER LEVEL LINE_-- � — 0.40'------- 2 1/2" MINIMUM A. C. PAVEMENT SIDEWALK * 1 1/2 WIDTH 6" MIN. EXPANSION JOINT SECTION A -A 20' MINIMUM SECTION B-B ALLEY WIDTH AS SPECIFIED BY THE CITY ENGINEER. * WHEN REQUIRED OR PERMITTED 1/2 WIDTH 4" MINIMUM BASE * SIDEWALK EXPANSION JOINT REVISIONS: APPROVED �ti oo�oo�oo � �I�IGlu+filJ J f i CHRIS A4 . VOGT CITY ENGINEER - TYPICAL ALLEY AND ALLEY RCE 44250 APRON SECTIONS j;► STANDARD 160 SHEET 1 OF I— v svonn&38 VGIN3AV J oe 1 y Z cw G U i SVOnWN38 d0IN3AV a 26' DW Obf&VAVN VGIN3AV m NI— ATTACHMENT 14 City Council Minutes 13 June LL, i yyy Council Member Perkins noted that the speed limits on Washington Street were recently established by an engineering survey, and that lowering it beyond the established speed limit would make it unenforceable. Council Member Henderson believed the actual speeds are more like 60-65 mph, instead of 50-55 mph, and noted that the Montero Estates residents have been asking for those speeds to be reduced for quite some time. Mayor Pena agreed that speed is the primary cause of the noise, and that the first step should be to concentrate on that, in conjunction with an education campaign that the City is trying to slow down traffic in that area. The other issue that the City is struggling with is the cost and who's going to pay for it. Council Member Henderson wished to get a bid estimate on rubberized asphalt from the contractor that will be working on the Washington Street improvements. In response to Council Member Sniff, Mr. Vogt advised that there's approximately 1,700 feet on Washington Street and 600-700 feet on Avenue 50. Council Member Henderson didn't feel that Avenue 50 is a major contributor to the noise. Mr. Bricken noted that the analysis is based on future traffic projections. Council concurred on getting a cost estimate for rubberized asphalt from Yeager Construction, and on contacting Indian Wells to find out if they've done any studies on rubberized asphalt. They also concurred on working with the Sheriff's Department to get the speed reduced. Council Member Henderson suggested setting up a meeting with the Montero Estates residents to discuss what their level of involvement will be. Mayor Pena noted that Council 1-Member Adolph's written comments have been referenced by Council, and that he, too, is concerned about the 1 2' high wall, and who is going to pay for the costs. 1. DISCUSSION OF THE VILLAGE COMMERCIAL AREA DESIGN CONCEPTS. Mr. Freeland, Senior Engineer, advised that the design concepts are to be applied to Calle Estado as the prototype street. Although the theme will only _'3J City Council Minutes 14 June 22, 1999 be applied to Calle Estado initially, it will be applied to all Village commercial areas and be consistent with "The Village at La Quinta Design Guidelines" as adopted on July 7, 1998. The project area consists of Avenida Montezuma, from Eisenhower Drive to Avenida Bermudas, and the area between Avenida Bermudas and Desert Club Drive south of Calle Tampico and north of Calle Amigo. He advised that on December 15, 1998, a contract was awarded to Korve Engineering for the Phase V design, and on February 2, 1999, a five -step method was approved to receive and incorporate public comments for the Downtown Commercial District, Phase V-A design theme. The five steps consist of the following: developing a mailing list of property/business owners; conducting two public meetings and mailing out questionnaires for public comments; incorporating the public comments into concepts for Council's consideration; conducting additional public meetings to review the concepts with Council's comments incorporated; and presenting it to the Architectural Review Committee and Planning Commission before final approval by Council. He then proceeded to review the design concepts as follows: Concept A - provides for a traffic island in the center of the street; perpendicular parking; parking on both sides of the street; and approximately 175 parking spaces (including both the north and south alleyways); at an estimated construction cost of $471,971; Concept B - provides for a traffic island approximately 1 /3 of the overall street length from Avenida Bermudas; a curved street for additional traffic calming effect; perpendicular parking; parking on both sides of the street; and 191 parking spaces including both alleyways; at an estimated construction cost of $571,41 1; Concept C - provides for two traffic islands at either end of Calle Estado; angled parking in front of businesses; pedestrian crossing at mid block; and 165 parking spaces including both alleyways; at an estimated construction cost of $523,676, Concept D. - provides for traffic islands at Avenida Bermudas and Desert Club Drive; narrow center median; staggered angled parking; and 182 parking spaces including both alleyways; at an estimated construction cost of $554,620. The last option would be to enhance the existing street by providing new curbs and gutters and resurfacing the street, as well as adding lighting with vendor receptacles and electrical equipment. The existing configuration would provide City Council Minutes 15 June 22, 1999 approximately 144 parking spaces, and the estimated construction cost would be $220,000. He then reviewed a conceptual drawing for the reconfiguration of the circulation plan in the downtown area that calls for Avenida La Fonda to be connected to Avenida Montezuma, dealing with the one-way traffic problems around the Frances Hack Park and the intersection at Avenida Bermudas and Avenida Montezuma. Mr. Vogt, Public Works Director, advised that staff is also looking for direction regarding public parking and the type of curbing to be used in The Village. Of the three curb options available, the residents have requested rolled curbing. As for public parking, there's been some discussion about using City -owned land on Calle Tampico for a public parking lot, as well as the City -owned property south of Ace Hardware. In response to Council Member Perkins, Mr. Vogt advised that the property south of Ace Hardware will accommodate approximately 30 parking spaces. Linda Murray, 78-150 Calle Tampico, stated that she supports using the lot at the southeast corner of Calle Tampico and Avenida Navarro for public parking. She noted that the vacant lot across the street is always filled, and that the green belt area is poorly maintained. Peter Murray, 78-150 Calle Tampico, advised that the apartment residents use the lot on Calle Tampico for parking. Audrey Ostrowsky, P. 0. Box 351, was pleased to see the City considering a public parking area and a two-way street around the park, but felt the City is destroying her property. She also felt that the Council should meet with the property owners, noting that Donald Parker stands to lose a lot of property, and questioned why the property owners weren't notified of this meeting. Tom Kirk, 78-150 Calle Cadiz, distributed a petition from the residents ir,-his area requesting that the narrow streets be retained, that alternatives to standard curbs and gutters be considered such as rolled curbing, and that the speed bump on Calle Cadiz be retained, as well as adding one on Calle Fortuna and at the other end of Calle Cadiz. Council Member Perkins advised that he's opposed to traditional speed bumps, but wouldn't object to using a wide speed "hump" like those developed in Santa Monica. 041 City Council Minutes 16 June 22, 1999 Council Member Sniff advised that he wasn't sold on any of the designs. He felt that they are cluttered, and that they fail to address making Calle Estado what it could or should be. He suggested that the traffic islands be left intact with slight modifications to the curbing, lighting, water features, and flowers, and that ornamental brick or scored concrete be installed at the entrance ways with a water feature in the center of each entrance. He further suggested leaving the parking as -is, with center parking wherever it can be accommodated, resurfacing the streets, and installing new curbs and colored sidewalks. He also suggested that a centrally -located, 8' wide, pedestrian bridge be constructed about 8-10' above the street with a curved ramp approach, using tubular steel for the railings and having an enlarged area in the middle for people to stand. He felt these enhancements would make the street something that's not duplicated anywhere else in the valley, and that it might set a prototype for the entire village area to eventually have one or two more bridges. He felt that it would provide safety and beauty, as well as be functional. He suggested undergrounding the utilities, using gas lighting for accent. Council Member Perkins was concerned about the bridge because of height requirements, and the grade of the handicap ramp to accommodate the handicapped. Eldon Lee, 78-120 Calle Estado, of Korve Engineering, advised that the architect would review the different design concepts, and noted that the right-of-way on Calle Estado runs curb to curb, which places the sidewalks on private property. Mayor Pena asked if the property owners give their permission, could that area be used. Ms. Jensen, Acting City Attorney, believed the City would have a prescriptive easement over any of the sidewalks that have been there for seven years or more. Mr. Lee noted that the City would also have rights to any of the sidewalks that were constructed as conditions of approval. He +hen introduced Stewart Woodard, an architect with The Woodard Group, :vho reviewed Concepts A through D as presented in the staff report, along with three digital photos of the proposed overall circulation plan for The Village area. Mayor Pena suggested keeping the current traffic circulation and putting a roundabout at the intersection of Avenida Montezuma and Avenida Navarro. He felt that would help to slow down traffic and create more of a pedestrian atmosphere. G4� 0 City Council Minutes 17 June 22, 1999 Council Member Henderson noted that there's a potential safety concern for vehicles entering Avenida Bermudas from the two streets with restaurants. Mayor Pena noted that the traffic will decrease around the post office area when the new post office is built. Mr. Woodard advised that during the public meetings many of the comments dealt with the park and what to do with it. He felt that it's going to be difficult finding commercial opportunities across from a baseball field. Mayor Pena felt the idea has always been to link The Village area with pathways, and to make it pedestrian -oriented. Council Member Sniff liked the idea of a roundabout at Avenida Montezuma and Avenida Navarro, but noted that the City can't do much about the park unless some type of land swap can be worked out with C. V. Recreation & Park District. He supported going back to two-way streets around the park, and felt strategically -located parking is extremely important. Mayor Pena suggested focusing on the Avenida Montezuma/Avenida Navarro intersection, improving the parking lot area, and making the area between the park and Avenida Bermudas more pedestrian -friendly. In regard to the prototype street, he wished to see it remain basically the same, with some enhanced pavement treatment and landscaping. Council Member Sniff agreed, but still wished to see a pedestrian bridge. He didn't feel that it would have to be 14'/2' high because the alleys can be used for deliveries. It could start at the edge of the current sidewalk, and use a small portion of the street for access. Council Member Henderson advised that she likes the center island parking, but also likes the diagonal parking. She was more prepared to stay with the existing design, and enhancing it with stamped concrete and a few islands jutting off frsm the sides. Mr. Woodard advised that that would require revising of the parking scheme because there's not enough room to allow diagonal parking and back-up space along with center island parking. Council Member Henderson noted that Concept D provides for both types of parking, as well as landscaping. 043 City Council Minutes 18 June 22, 1999 Mr. Woodard agreed, but pointed out that that concept requires traffic to use the roundabouts at the ends of the street to turn and go the opposite direction. That configuration is also not conducive to the street fair. Mr. Vogt advised that staff could look at a design with circle islands on the ends and traffic islands in the middle, and bring it back to Council if they wish. Mayor Pena liked the circle islands at the ends with the current parking configuration and enhanced pavement treatments. He also liked the idea of linking the park with the City -owned parking area. Mr. Woodard noted that parallel parking has a negative impact on providing opportunities to dine outside. Council Member Perkins asked if a plot plan without the trees could be prepared so that the parking plan is more clear, to which Mr. Woodard responded yes. Mr. Woodard stated that he felt the pedestrian bridge was a good idea, but agreed with Council Member Perkins that it would have to be 14'/z' high to accommodate fire trucks and, therefore, would result in a very long handicap ramp in order to meet ADA requirements. Mayor Pena wished to see more information to see whether or not a bridge is feasible. Council Member Sniff asked that some consideration be given to undergrounding the electric utilities and the utilization of gas lighting. In response to Council Member Henderson, Mr. Vogt advised that the only part considered for the assessment district is sewers and, possibly, undergrounding of electric utilities. Council Member Henderson felt that the City -owned property at Avenida Bermudas and Calle Tampico should be considered for public parking. Council concurred. Mr. Vogt advised that staff will look at the funding and bring back a parking lot design. He advised that staff could also come back with a parking lot design for the City -owned lot south of Ace Hardware for Council's consideration. Council Member Henderson wasn't sure that a paved parking lot there would enhance the area. 0 44 City Council Minutes 19 June 22, 1999 Mayor Pena suggested removing the mounds, leaving the grass, and chaining it off for special event parking only. Mr. Vogt advised that staff will look at different options for that lot, and see about getting it cleaned up. Mayor Pena felt the consensus of the Council is to keep the basic configuration of Calle Estado, and to enhance it with some pavement treatments and small water features at both ends, and linking it with the City -owned parking lot. Council Member Henderson noted that that would not address the parallel parking problem. Mr. Genovese, City Manager, advised that staff intends to get additional input from the public. However, he felt it would be beneficial for staff to incorporate Council's comments into a revised design and to bring it back for Council's review first. Council Member Sniff wished to see some consideration given to the pedestrian bridge, gas lighting, and undergrounding of electric utilities. He also felt that an attractive fountain at each end with proper lighting would be nice. Mr. Vogt asked for Council's direction on the curbing. Council concurred on using rolled curbing. BUSINESS SESSION ........... continued 2. CONSIDERATION OF FISCAL YEAR 1999/2000 PRELIMINARY BUDGET (continued from Page 10). In response to Mayor Pena, Mr. Genovese confirmed that the $20,850 amount under insurance on Page E-24 of the budget documr;it is an error and will be corrected. Mayor Pena questioned the contract services amount of $231,970 on Page E-26, and Mr. Falconer advised that $20,000 is for the Parks Master Plan. Council Member Henderson suggested moving forward with the second phase of the obelisks pilot program. She noted that approximately 50 intersections were identified for the program, but only 13 obelisks have been installed, and some of them were used at parks and the Senior Center. ?' 4 City Council Minutes 20 June 22, 1999 Council Member Sniff agreed, and suggested budgeting $15,000 for the second phase. Council Member Henderson wished to see $20,000 budgeted. Council concurred on budgeting $20,000. After a brief discussion, Council concurred on a Special Projects Contingency Fund amount of $50,000. Mr. Genovese summarized the budget changes as follows: RDA compensation will be added to the Redevelopment Budget; the school contributions will be included in the contingency amount of $40,000; appropriations for the Chamber of Commerce, La Quinta Arts Foundation, and La Quinta Historical Society will be $155,000, $75,000, and $27,000 respectively; $20,000 will be appropriated from the APP Fund for the obelisks pilot program and no appropriation will be made for La Quinta On Stage; SCRAP will be eliminated as a line item; C. V. Economic Partnership, C. V. Mountains Conservancy, C. V. Recreation & Park District, and the Date Festival will be put in a separate category; and monies will be budgeted for covered parking at the Senior Center. He suggested that the budget surplus amount be combined with the contingency account, which should bring the contingency account up to $50,000460,000, depending on the budget surplus amount. Council can then consider how they wish to handle the contingency account and the requests for funding at the July 6 meeting. MOTION - It was moved by Council Members Sniff/Henderson to approve the Fiscal Year 1999/2000 Preliminary Budget as amended and direct staff to prepare the Fiscal Year 1999/2000 Final Budget for the July 20,1999, City Council meeting. Motion carried unanimously. MINUTE ORDER NO. 99-81. Council recessed to the Redevelopment Agency and the Financing Authority. Council reconvened. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING Y21K. Council Member Perkins advised of a national test that will be held on 9/9/99 (September 9, 1999) regarding Y2K problems. He has some concerns about TO: Friends and Neighbors of Calle Cadiz and Calle F@f9D FROM: Tom Kirk, 78-150 Calle Cadiz, 564-1452. 39 AUG 3 Pn 3 26 Re: Street Improvements DATE: July 21, 1999 i '( Ur LA QUINTH CITY CLERK Attached is the petition we submitted to the City earlier this month. I provided it to the City Council, city engineer and consultants working on the street improvements. The good news: the City Council directed the consultant to incorporate "rolled curbs" into the design of the streets. The Council also seemed open to speed bumps or humps. Since my discussion with the City Council, I spoke with the consultant and the city engineer. The city engineer does not seem to think speed is a problem on our streets and notes many problems with speed bumps/humps. On the positive side, he is proposing to the Council to consider narrower streets for our neighborhood: 28 feet wide as opposed to the very wide 36 feet wide, they are now less than 18 feet wide. The city engineer indicated he hopes to hire a contractor to begin construction in early 2000. These considerations will be before the Council on August 3 at the 3:00 p.m. hearing where the Council will spend most of the time discussing improvements to the Village. I will be out of town on business that day but encourage you to attend and support our efforts to improve our streets and maintain a narrow, peaceful street scene. TO: City of La Quinta FROM: Village Residential Property Owners Residing at 78-100 Block of Calle Cadiz 78-100 Block of Calle Fortuna RE: Phase V Improvements Our streets are among the last in the city to be improved. The City's Phase V Improvements are designed to provide curbs, gutters, new pavement and underground utilities. We thank the city for including our neighborhood in the Phase V improvements. However, we would like the opportunity to work with the City's engineers and contractor, Korve Engineering, to appropriately design our neighborhood streets. Specifically, we are interested in maintaining the quaint, exclusive feel of our neighborhood and its relationship to the Village by: • Maintaining our narrow, curving street right-of-ways; • Providing alternatives to standard curb and gutters such as rolled curbs or other low-cost, special treatment; • Maintaining a speed bump on Calle Cadiz at Desert Club and installing a speed bump on Calle Fortuna at Desert Club. We look forward to working with you to make the most of the Phase V Improvements in our neighborhood. Petition from Village Residential Property Owners Residing on the 78-100 Blocks of Calle Fortuna and Calle Cadiz U C_ tC K/1 I�Z- (50 CAL -LE C tl,&Z 6/a o / `?- I 7 T C� rco -7 �' 1 -7 <- -le,4" � f4- - i AUGUST 3 AUGUST 26 AUGUST 17 AUGUST 25 SEPTEMBER 2 SEPTEMBER 7 SEPTEMBER 13 SEPTEMBER 21 OCTOBER 9 OCTOBER 10-12 Updated: July 30, 1999 DEPARTMENT REPORT CITY COUNCTUS UP -COMING EVENTS CITY COUNCIL MEETING CHAMBER MIXER CITY COUNCIL DARK SPECIAL CITY COUNCIL MEETING MAYOR'S LUCNH CITY COUNCIL MEETING 2ND ANNUAL MAYOR'S CUP GOLF CHALLENGE CITY COUNCIL MEETING CITYWIDE CLEAN-UP DAY ANNUAL LEAGUE CONFERENCE IN SAN JOSE a -I August 1999 Monthly Planner Sunday...y Tuesday Wednesday.. ..Saturday 1 2 3 4 5 6 7 2:00 PM City 12:00 PM Council Meeting SunLine-Pena 8 9 10 11 12 13 14 Community Serv- 7:00 PM C.V. 5:30 PM Invest- 12:00 PM CVAG ices Mosq. Abate.- ment Advisory Energy & Envi- Commission- Perkins Board Sniff Dark Planning Commis- 7:00 PM Cultural sion Dark Commission - Dark 15 16 117 18 19 20 21 9:30 AM CVAG 9:00 AM CVB- 3:30 PM I Iistori- Public Safety- Henderson cal Preservation Perkins City Council Dark Commision 12:00 PM CVAG Transp.-Perkins 22 23 24 25 26 27 28 2:30 PM RCTC 7:00 PM Planning 1 l :45 AM CVAG Budget Mtg.- Commission Human & Com- Pena Meeting Adolph 29 30 31 July September S M T W T F S S NIT W T F S 1 2 3 1 2 3 4 4 5 6 7 8 9 10 5 6 7 8 9 10 11 II 12 13 14 15 16 17 12 13 14 15 16 17 18 18 19 20 21 22 23 24 19 20 21 22 23 24 25 j 25 26 27 28 29 30 31 26 27 28 29 30 Printed by Calendar Creator Plus on 7/30/99 J-) DEPARTMENT REPORT: I- I The June -July, 1999, Police Report includes .1lonthly Highlights of police activity, a Target Team Recap, and statistical comparisons ofpohce activitv during the month of June. The SRO recap will cover the first semester of summer school. The After Action Report (4AR) on the dth ofJuly Enforcement Program is also included. Submitted by Capt. Darla Singerton, Police Chief In summary, review of June compara- tive statistical data indicates: Most major Part One (Homicide, Rape & Burglary) crimes are still down on year-to-date (YTD) comparisons. • Statistics over the past two months seem to indicate that the sharp increase seen at the first of the year in Narcotic activity has returned to a level consistent with monthly reports in previous years. • The Vandalism and Vehicle Thefts are higher on YTD com- parisons for the previous year, however show a slight month -to - month decrease. Drunk Driving cases are down dramatically from the previous Asp • year (38%). I believe a certain portion of this decline can be at- tributed to the increased traffic enforcement in the City. I'm pleased to report that the AAR indicates a successful conclusion to the 4th of July DUI Enforce- EOment Program The knock and talk with local bars was ,, so successful that the Target Team was invited to provide training at a special "Bar Meeting" held Au- gust 8th at the Beer Hunter in La Quinta. The purpose of the meeting was to educate employees on ABC laws and regulations that pertain to the establishments. Attendees re- ceived handouts, and a complete class on alcohol laws, the authority of peace officers inspecting establish- ments, and training on recognition of symptoms of extreme intoxication. As follow up to the May report on school %iolence, the Sheriffs Emergency CBSSe, ices Team (EST) has begun meetings with the San Bernardino Sheriffs in a joint effort to produce a combined Crises Response Plan. The plan will contain detailed schematics of all high schools in both jurisdictions. CRISIS The Indio Station w711 retain copied RESPONSE portions appropriate to the eastern Coachella Vallee school systems. PLAN Operational and tactical plans are already in the format stage and the committee hopes to finalize the plan in time for September classes. La Quinta Police Department Highlights - June 1999 06/01 A LQ resident was arrested in the 46400 block of Dune Palms for a parole violation and burglary. 06/02 An unattended death incident was handled in the 51600 block of Ave. Velasco. 06/03 A City of Redlands resident was arrested for burglary at the La Quinta Resort Mountain/Dunes Clubhouse and a search warrant was granted in order to recover stolen property. 06/05 A LQ resident was arrested for DUI. 06/06 A LQ resident was arrested for possession of methamphetamine. 06/08 A LQ resident was arrested for domestic violence in the 51500 block of Ave. Herrera A LQ resident was arrested for child abuse after throwing a telephone and striking the child in the mouth with it. 06/09 A LQ resident was arrested for domestic violence in the 77900 block of Calle Colima, A LQ resident was arrested for domestic violence in the 51400 block of Ave. Herrera. 06/10 A LQ resident was arrested for marijuana cultivation in the 78900 block of Miles Avenue. A report of child annoying was handled at Adams School. Suspect still outstanding. 06/11 A non -injury traffic accident was handled in the 51860 block of Eisenhower Drive. A hit-and-run investigation was reported at the LQ Taco Bell. Suspect still outstanding. 06/12 A suspect was arrest and cite released for shoplifting at Walmart. 06/13 A 245(a)(1) occurred at the Walmart. The victim was physically assaulted by her boyfriend, kept in the car against her will and when she was able to exit the car he attempted to run over her with the vehicle. The investigation is continuing. 06/14 An unattended death incident was reported in the 53800 block of Ave. Obregon. 06/15 Two suspects were arrested for burglary, grand theft and petty theft in the 52100 block of Ave. Villa. 06/16 An auto burglary and attempted auto theft was reported in the 45000 block of Desert Hills. The suspect was confronted by a neighbor and fled the scene. The suspect is outstanding. 06/17 A LQ resident was arrested for domestic violence in the 77300 block of Calle Arroba. 06/18 A LQ resident was arrested for vehicle theft and for hit-and-run in the 54300 block of Ave. Juarez. 06/19 A Car Show was held at Lake Cahuilla which ended in numerous physical altercations and several shots being fired into the crowd. One suspect was arrested for the shooting. No one was hit by the gunfire. The Sheriffs Dept. responded approx. (25) deputies to the scene in order to quell the violence. The offenders in this incident were identified as Coachella and Indio gang members, several of which received injuries during the fight. One deputy was injured when struck in the arm with a bottle. 06/21 A LQ resident was arrested for DUI. A roll-over traffic collision was handled at Ave. 52 x Washington. The driver over corrected during a turning maneuver which caused his vehicle to turn over. 06/22 A LQ resident was arrested for DUI. 06/24 (3) persons were injured in a traffic accident at Ave. 58 x Madison. The incident was caused by a stop sign violation. 06/25 A LQ resident was arrest for public intoxication in the 54700 block of Ave. Vallejo. 06/27 A LQ resident was arrested for domestic violence in the 78600 block of Villeta. 06/28 A suspect was arrested for burglary in the 79300 block of Desert Wind. A LQ resident was arrested for petty theft at Walmart. A burglary was reported in the 81800 block of Mountain View. The owner was out of the country during the burglary. The house showed signs of numerous people using the house for a party and leaving the house full of empty beer containers and trash. Taken from the residence was thousands of dollars in electrical equipment and a 1999 Lexus. Since the theft, the vehicle has been located and one suspect is in custody. The person arrested stated that the party was a "gang" party involving several of the street gangs from Indio. The investigation is still on going. 06/29 A suspect was arrested at LQHS for felony child molestation warrants. A non -injury traffic collision was handled at Hwy. 111 x La Quinta Center Drive. 06/30 A non -injury traffic collision was handled at Washington St. x Simon Drive. A LQ resident was arrested for domestic violence in the 51000 block of Eisenhower Drive. A LQ resident was arrest for failing to register as a sex offender. The suspect was contacted for a traffic violation and after further investigation, it was discovered that he had not been in compliance with the State guidelines for sex offenders for the past (12) years. Riverside County Sheriff's Department La Quinta Target Team Monthly Report June 1999 The following is a summary of the Target Team activities for the month of June. Ongoing investigations: 5 Arrests/Filings: 6 Vehicle stops/checks 15 Business contacts 25 Investigation assists 6 Arrest warrants served 3 Arrest warrants attempted 3 Programs 1 Pedestrian checks 26 Crime prevention hours 0 Bar checks 5 Back-ups 15 Follow-ups 13 Search Warrants 4 Probation searches 6 Parole searches 3 Consent searches 35 Meetings I Recovered stolen property $500.00 Citations 4 Surveillances 2 Property checks 12 Civil Commitments 0 hrs. Bicycle time 0 hours Training hours 80 Illegal Drugs seized Methamphetamine lab- no product Small amount Marijuana Total mileage: 540 Arrest and Filing summary: LQ resident arrested for possession and cultivation of marijuana. LQ residents arrested for manufacturing of methamphetamine. Redlands resident arrested for burglary. LQ resident cited for speeding. LQ resident arrest for failure to register as a sex offender. LQ resident arrested for outstanding warrants. Noteworthy accomplishments: The Target Team and County Probation conducted (6) probation searches in the City Of La Quinta. The Target Team authored a search warrant reference information received about a La Quinta resident growing marijuana. (1) person taken into custody. The Target Team assisted SIB East with a search warrant service in the La Quinta cove. (1) person taken into custody for manufacturing methamphetamine. The Target Team authored a search warrant in the La Quinta cove reference a non -compliant sex registrant. The person was taken into custody for failure to register for the past 12 years. The Target Team authored a search warrant for a City of Redlands resident reference multiple burglaries which occurred at the La Quinta Resort Dunes and Mountain Clubhouse. The Target Team assisted patrol with several calls for service including, traffic stops, collisions, and burglaries. The Target Team is currently planning a DUI enforcement program for the 4th of July weekend. The outcome of this program will be noted in the July report. Dep. Price attended an 80 hour training course in order to be certified as a DRE, Drug Recognition Expert. The certification requires continued field training which he currently undergoing. Prepared on 07/02/99 by; Dep. E. Price #22 �y Dep. T. Brewster #2297 SCHOOL RESOURCE OFFICER RECAP SUMMER SCHOOL 1999 SCHOOL: La Quinta High School OFFICER: Deputy Rickie Simms 4 Reports 0 Arrests 4 Citations — (Vehicle Code Violations occurring in front of the high school.) 7 Investigation Assists 0 Reports Filed with District Attorney's Office This recap covers the first semester of summer school from 6-21-99 through 7-9-99. The semester started with approximately one thousand students. Deputy Simms filled in the shortened school hours by assisting the patrol units in the City of La Quinta. �M t .. ``,.ram ia� .��,+�,•�r �, e.,,,,. jy �! n�.�_�p� . } r CITY OF LA QUINTA JUNE CRIME COMPARISONS CRIME JUNE 99 JUNE 98 YTD (99) YTD (98) *HOMICIDE 0 0 0 2 *RAPE 0 0 2 11 SEX CRIMES (FEL) 2 4 13 10 SEX CRIMES (MIST)) 2 3 6 7 ROBBERY 0 2 7 5 ASSAULT (FEL) 10 8 56 56 ASSAULT(MISD) 17 16 111 92 BURGLARY 32 26 169 200 *VEHICLE 'I'ILEFT 10 3 58 43 *THEFT (FEL) 12 6 78 74 THEFT(MISD) 27 25 158 160 VANDALISM (MISD) 26 17 219 140 DOM. VIOLENCE 13 9 59 63 NARCOTICS 4 4 50 31 Dl II 5 9 38 52 T/C NON -INJURY 20 25 178 172 T/C INJURY 4 4 25 33 T/C FATAL 0 0 1 0 TRAFFICCITATIONS 252 249 1523 1382 * STATISTICS INCLUDE ATTEMPTS I-L LL LL LIJ m F- w x F- -r w 0 ca N F- -j D U) w m m 0 w 6' X III U) w a. 9 w 0 7- LO 0 LO 0 LO 0 LO 0 co cy') CN CN T— T— Z D 0 Q CY) 00 0) 0) C) cl C) C) C) C) C) LO 0 LO 0 LO CN CN V— V— 6: LL LL w LL LL uj LLJ (Y D co w a. < to n -; E, I LL cj_ z w ry < z n W o :_5E U �� oIle -'D al < z z D 0 R In O ') 0 0 CN9r-1 lr-- w z w ry a w 0 w U J 0 O 00 (3) CY) W W zz O O O O O O O N 0 00 CO IT 04 O 00 (D 14T CN R 0 0 0 0 0 0 0 0 LO 0 LO 0 LID C,e) (N N V- T- LL z C) F- CITY OF LA QUINTA DISPATCH INFORMATION / JUNE 1999 TYPE. OF CALL. CODE 1: ROUTINE CODE 3: EMERGENCY RESPONSE TIME. (MINUTES) 9 5 NUMME- OE INCIDENTS 934 l r RIVERSIDE COUNTY SHERIFF'S DEPARTMENT Larry D. Smith, Sheriff INDIO STATION MEMORANDUM To: Cpt. Singert n Date: July 8, 1999 Via Lt. Is n Fr: Sergeant A mons.)11 Re• After Action Report (Fourth of July 11111 nfor ment Proaram) Attached is Deputy Brewster's "After Action Report" for the DUI Program. Overall, I would rate the program a complete success. A check of the number of DUI arrests for the same period last year revealed only one arrest for DUI. We had no DUI related traffic accidents this year. This in itself speaks a lot for the success of the program. I also contribute a lot of the success of this program to the cooperation received from the local bars and merchants who sold/served alcohol. All who were notified of the program and received your Commanders letter were very supportive and spoke very highly of the program. The only negative comments received regarding the program were from "Lou Penrose." I have enclosed the press release sent out as well as the supportive editorial written by the Desert Sun and Mr. Penrose's rebuttal. I would venture to say that even the rebuttal written by Mr. Penrose only helped to support our program by drawing public attention to its existence. If desired, and after your review, I can send out a press release regarding the success of this program to all the local media. This might help us in saying "thanks" to all the local bars and merchants who supported the program. In closing, I would like to add that Deputy Brewster did an outstanding job in writing, planning, and organizing the program. He also did a great job in ensuring that good statistics were kept and he also oversaw and monitored the program on the nights I was not on duty. Submitted for your review. RIVERSIDE COUNTY SHERIFF INDIO STATION FOURTH OF JULY DUI EDUCATION/ENFORCEMENT PROGRAM AFTER ACTION REPORT The La Quinta Target Team put on a driving under the influence education/enforcement program that ran from 070299 through 070599. The program called for four deputies to work extra duty from 1900 to 0300 each night. The program was also supplemented by the La Quinta Traffic Team and The La Quinta Target Team. The purpose of the program was to educate business owners on various ABC laws that applied, as well as educate the citizens of La Quinta on the dangers and consequences of driving under the influence of alcohol and/or drugs. For the most part, the program received positive reactions from the media and business owners. Business owners were given a letter signed by Captain Singerton, advising of the program, as well as outlining several ABC laws applying to businesses with liquor licenses. Business owners were very cooperative and mentioned appreciation for the Sheriff's Department in organizing the program. Evidence of this is Deputy Brewster being invited to speak at the Beer Hunter's monthly bar meeting on 070899. Deputy Brewster will further educate the employees on various ABC laws and responsibilities of employees who serve alcohol. The program could also be called a success as far as the motoring public is concerned. There was only one traffic collision reported during the program, and it was not alcohol related. Deputies made 136 traffic stops during the program resulting in 5 arrests for driving under the influence. This figure equates to 4% of the vehicles stopped contained impaired drivers. CHP statistics reveal that one out of eight drivers stopped are under the influence of alcohol and/or drugs for an average of 12%. Drivers not impaired were given pamphlets on California's drunk driving laws. Deputies also conducted bar and business checks at those businesses that have liquor licenses. Pamphlets on designated drivers were left at the bars, as well as pamphlets on California's drunk driving laws. No incidents were reported at the bars during the weekend. FOURTH OF JULY PROGRAM STATISTICS 0702991900- 0300 0703991900- 0300 0704991900- 0300 TOTALS Traffic Stops 34 47 55 136 Citations Issued 08 12 08 28 Seat Belt Violations 01 02 01 04 Child Restraint Violations 01 01 01 03 Bar Checks 07 05 06 18 DUI Arrests 01 .13 BAC 01 .09 BAC 03 (1).36 BAC (2) .19 BAC (3) .21 BAC 05 Public Intox. Arrests 00 02 00 02 Other Arrests 04 01 07 12 Traffic Collisions 01 00 00 01 DUI Traffic Collisions 00 00 00 00 Narcotics Seized .6g Meth 00 00 .6g Business Checks 11 03 03 17 Vehicles Stored 03 02 05 10 Comments: The five DUI arrests had an average .196 BAC. The other arrests were one for unlicensed driver, two for suspended license, and nine for misd. warrants. Total extra duty hours used: 102.25 Total extra duty miles: 1459 Total regular hours: 80 Total regular miles: 883 RIVERSIDE COUNTY SHERIFF'S DEPARTMENT Larry D. Smith, Sheriff INDIO STATION MEMORANDUM To: News Media Date: June 26, 1999 Fr: Sergeant AmmoTp Raw PrenS Release(DUI Fnf rr_ _men / FrIi _a tian Prnua) The Indio Sheriffs Station and the City of La Quinta have joined together to make the upcoming Fourth of July weekend a safe and enjoyable one for the residents and visitors of the City of La Quinta as well as the Coachella Valley. Since this annual holiday is one where family and friends routinely join together to celebrate, the City of La Quinta and the Sheriffs Department hope to make it as safe as possible for all. The Indio Sheriffs Station will be conducting a D.U.I enforcement and education program over the Fourth of July holiday weekend, in the City of La Quinta. The goal of this program is to educate and reenforce to the general public the dangers of drinking and driving, prevent those who have been drinking from driving, lower/eliminate the number of DUI related traffic accidents, enforce the seat belt and child restraint laws and overall make the City of La Quinta and the Coachella Valley a safe place to celebrate for this holiday. The Sheriffs Department will be fielding additional Deputies and support staff with funding provided by the City of La Quinta. These Deputies will be working throughout the weekend and will concentrate their efforts throughout the City and major thoroughfares in and around the City. They will also be making contact with the owners/managers of local restaurants and bars and checking these establishments to ensure that intoxicated patrons are not attempting to drive. The owners/managers of local restaurants/bars are encouraged to stop service to those who have had to much to drink and/or call taxi's for those who have. The Sheriffs Department strongly supports the "Designated Driver" program also. Deputies working the program will also be handing out informational brochures related to the dangers of drinking and driving. The Sheriffs Department also asks the public to promptly report any/all incidents of actual or suspected DUI drivers. The program will run from July 2 through July 5. Please help us in making the public aware of this program so that we all may be around next year to celebrate again. P.Q.C.: Sergeant Greg Ammons Indio Sheriffs Station (760) 863-8990 a The Dcsert Sun Editorial Page Editor Gary Sch .0pi-nion- 4 _ OUR VOICE Bar checks a. safety tool Deputies right to expand .DUI --prevention efforts If an ounce of prevention is worth a pound of cure, than Riverside County authorities have tipped the scales of public safety heavily in their favor. Phis July 4 holiday weekend, the Sheriffs De- partment will augment its customary strategy of DUI checkpoints with a series of tavern sweeps throughout the county and the Coachella Valley. The beauty of the plan is that it not only will punish drunken driving through stepped -up street en- forcement, but will seek to prevent it by keeping those who've had too much to drink from ever hitting the road. A key contpotient of the new policy is education. In addition to identifying patrons too inebriated to safely slide behind the wheel, deputies will be visiting this week with restaurant and bar owners to remind them of their responsibility to assist in the effort. Authorities will review with the establish- ments criteria for knowing when to stop serving customers and will encourage them to encourage patrons to appoint a designated driver before they get too deep into their revelry, What is most refreshing about the department's new initiative is that it was trot born out of past failures. Local and area law -enforcement officers have done a commendable job for several years f running in ensuring the safety of valley roadways through aggressive apprehension of drunken or reckless drivers. �y But by adding new and innovative preventative measures to their policing activities, the Sheriffs Department is illustrating its commitment not to rest on its laurels. The department has every reason to pat itself on the back for getting drunken drivers off the streets, and to point to increasing numbers of DUI arrests as a testament to its success. Rather than doing that, though, it has undertaken a, a policy that — if it proves effective - - will actually reduce the numbers most often cited as proof of p = law-enf>rcetnent efficacy. e It: is a proactive approach that speaks to the very essence of serving and protecting the public. "...lk0lk ivAAe L Pnt YOUR VOICE F Heart's not in it Regarding the plan to build the Heart 'I Museum of the Desert as a realistic replica of WI a human heart: What happens if a group of wa doctors who specialize in penile erectile set disorders want to put up a building? 7 I believe the physicianS involved can get the their point across after the people enter the 35 building. I ARTHUR SAMUEL an Palm Desert I c re, Bono's cut works C. I feel we have to safeguard our national pi sense ofhurnor as our vocabulary "morphs" pt into tedious political correctness. Jt The bald are now "fullically impaired," the overweight are "persons of size," the small "vertically challenged" and Jim Bailey is not a drag act but a "female ilhtsiottist." So Mary Bono has a "dykey" haircut. The politically correct version for this coiffure is "fetch" -- somewhere between femme and imn betel 1. T7 DON WARDELL the. I? Bert 110t Springs Stitt inly Gays not unmoral illel wet '' �- t- 4, nnmlr ;tnd sorrow upon reading eve '1/Zf 99 l-MI PI?Nhi)SI;: VALLEY VOOCE'. County mocks, freedoms vkcl i.'Booze Patrol' "They that can Ove acr essential lib- erty to obtain a little ternporary sulety _lesert�e neither liberty nor salmi. " Ben Frarildm So, how far are you willing to go.' Under the suspicious guise of lnth- tic -safety pragmatism, the Rivcrsicic County Sheriff's 1)epartmcra this weekend will embark upon an ex- aggcratcd extension of law cnli-Ircc-- �' mcnt: 'IThcy will set out to confiscate your option to make a bad choice - Compounding its already consti i nrtionally qucstionahle I RJI sobriety %9 checkpoints, the county will usher in �.�the latest ph tlenx in the "save us from ourselves" army. 'I'hc Booze Patrol. a I The new policy finds beat cops visiting" restauraw,,, smcl har own crs to remind them of their respon i sibilities. Authorities will also "re r view" with the estarlishnrcnrs criteria for knowing when to stop i serving. The tactic is reminiscent of ': Mafioso "protection visits" of' the early days of prohibition. Similarly, the opportunity for ur lumdation and harassment by law - enforcement ollicials, not to men don the wide-open invitation to graft and corruption, is overwhelm- ing. llo you rcrtllV hehCVC law en `��� forceinerlt will "visit anti review" r (read: intimidate and harass) with the stunt fortitude the posh tmd up- 0 scale cantinas of Indian Welk mtd Al Patin Desert as the step-up 11CIgh- borlrood pubs to Cathedral City anti 1 lloscrt I lot springs? Somehow I just can't sec I)eputy Carry Nation, complete with niir- rored Sunglasses and nightstick, swaggering into the Ritz-Carltem i looking for patrons, with lengthv bar tabs. In a recent I)cscII Jn11 cuu,n,n,, the new initiative was charactcrirrd as "refreshing ... in that it was not born out of past failures." With <I little help fi•om nail -palish remover, that's another way of saying, "There is no good reason tier the prugranl." If it is in the bc�;t interest of puhlic safety to go door to door in the pul-) conununities, logic: follows that the hlue beat will eventually lead right to your front doorAs a kind of privacy violation becomes comniun place, the day is not Ear off when coppers go from house to hottsc' to calculate consumption at private backyard parties. 1'he ironyof a lire society is that while exercising the freedom of choice in one's actions ill lihcr;uing, it cart sonleLirncs also be tragic. b;v- cry effort to limit the choices of the few also limits the choices of the many. The many should not be tom pelted to take the medicine tin the illness of the few - Penrose is a political consulttutt'I'd radio talk show frost with 1010 K NEWS. To contribute the Desert Sun regularly publishes "Valley Voice" columns from Coachell+r Valley residents. Submissions should tie between 400 and 500 words. "Valley Voice" columns t au be n�'iled to: The Desert Sun Opinionil- Gene Autry Trail, pain, Springs, CA, V262, taxed to 718 4664, of ;,eut via email to) letters@palmsprl.ganncrtcum r � , rr r James M. Wright Fire Chief Proudly serving the unincorporated areas of Riverside County and the cities of: Beaumont O Calimesa 0 Canyon Lake 0 Coachella 0 Desert Hot Springs O Indian Wells 0 Indio 4 Lake Elsinore 0 La Quinta 0 Moreno Valley 0 Palm Desert Perris 0 Rancho Mirage 1. San Jacinto 41 Temecula Board of Supervi Bob Buster, District 1 John Tavaglione, District 2 Jim Venable, District 3 Roy Wilson, District a Torn Mullen, District 5 DEPARTMENT REPORT: _' RIVERSIDE COUNTY FIRE DEPARTMENT jUi 1 � In cuopercrtion with the CaliforWa Department of Torestrt, anct Fire Protectkw 210 West San Jacinto Avenue • Perris, California 92570 • (909) 940AMW • FAX (909) 94D-6910 July 1, 1999 Honorable Mayor Pena and Members of the City Council City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Ref: Quarterly Report Attached please find the Quarterly Report of Fire Department statistics for the City of La Quinta The report depicts the following highlights: * Riverside County Fire Department units responded to a total of : * Medical Aids 186 * False Alarms 8 * Building Fires 13 * Automatic Ringing False Alarm 61 * Other Fires (vehicle, refuse, etc.) 25 * Public Service Assists 20 (nonemergency assistance) * Fire Menace Standby 6 (fuel spill, gas leak etc.) On May 21 there Was a structure fire in the 53-000 block of Avenue Herrera. There was a $50,000 loss and a $100,000 save. The cause was listed as smoking. CDF Fire Crews assisted the City of La Quinta by cutting tamarisk trees along Avenue 53 and Avenue 54 between Jefferson Street and Madison Street, This workis in progress and should be completed by the end of November S,?VngS t0 the City fhUS [a[d[o in the area of $40,000. Respectfully submitted, James M. Wright Fire Chief By, Doug cKain Attachment Battalion Chief v � , LA QUINTA CITY RESPONSE REPORT April 1 - June 30, 1999 VOLUNTEER RESPONSE Month City Response Non -City Response Total Cost Medical Aid Sleep -Over Cost APR 49 39 $295 $360 MAY 84 21 $316 $270 JUN 55 43 $331 $225 Totals 188 103 $942 $855 n n , RECE1;'`D 'S9 JUL 27 PA 12 11 Cl i "' OF i A QUiNTA CITY CLERK The Honorable Mayor John Pena & the members of the City_ Council City of La Quinui 78-495 Calle Tampico La Quinta, CA 92253 July 23, 1999 Re: The Norman Course Norman Golf House Dear Hon. Mayor Pena and members of the City Council: We are writing to request that you give due consideration to allowing KSL Desert Resorts. Inc. to be granted an "at risk" foundation only permit to facilitate the process of construction of the Golf House. The Golf House is proposed as a part of the specific plan amendment and site development permit that will be reviewed by the City during the month of August. While we do appreciate that the project has not in all the details been approved as yet_ we are willing to take the risk if you would so indulge us. It is our hope that our Golf House might be able to open with the golf course on December 15, 1999. However, if we are unable to start the construction process, we will miss the opportunity to open the Golf House with the attendant publicity that a project of this nature deserves. To that end we ask for your assistance. Sincerely, Eric Affeldt Vice President & General Manager KSL Desert Resorts, Inc. Cc: Greg Burkhart Joev Garon Titit 4 XP Qum& COUNCIL/RDA MEETING DATE: August 3, 1999 ITEM TITLE: Public Hearing on Specific Plan 99-037 and Site Development Permit 99-654, a Request to Approve Development Principles and Design Guidelines for a 200 Unit Apartment Complex on 14.1 Acres in a Regional Commercial Zoning District and Building Elevations and Development Plans for Property Located 507 feet North of 481" Avenue and East of Adams Street. Applicant: A. G. Spanos Corporation RECOMMENDATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: J- Adopt a Resolution of the City Council certifying an Addendum (Environmental Assessment 99-385) to the Environmental Impact Report for Redevelopment Project Area #2 (State Clearinghouse No. 88041 1 1 1) for Specific Plan 99-037 and Site Development Permit 99-654; and Adopt a Resolution of the City Council approving Specific Plan 99-037, subject to findings and conditions as attached; and Adopt a Resolution of the City Council approving Site Development Permit 99-654, subject to findings and conditions as attached. FISCAL IMPLICATIONS: The City of La Quinta Redevelopment Agency (RDA) is negotiating the sale of the property to the applicant, provided 20 units are affordable. The Affordable Housing Agreement between the Agency and the applicant is Item 7 of this agenda. CHARTER CITY IMPLICATIONS: None. SRCCSpanos New200 - 35 BACKGROUND AND OVERVIEW: The 14.1 acre site is vacant and located on the east side of Adams Street, approximately 507 feet north of Avenue 48 (see Attachment 1). Surrounding properties to the north, south and east are vacant. Project Request The applicant requests approval of a 200 unit apartment complex at 14.18 units per acre (see Attachment 2). The buildings are two story with a maximum height of 30'- 2" having 4:12 roof pitches. Ten percent (20) of the residential units are designated as affordable. Buildings are grouped in clusters around common open space. Two story building elements are typically set back 70 feet or more from adjacent property lines and 150 feet from Adams Street. Floor plans are one- and two -bedrooms ranging in size from 792 square feet (72 units) to 1,121 square feet (128 units). Perimeter parking areas are setback 5' to 10' from north, south, and east property lines. Changes to the Zoning Code requested by the Specific Plan include 1) reducing perimeter setbacks for parking structures to a minimum of five feet, 2) reducing the percentage of affordable units from 15% to 10%, and 3) providing minor modifications to parking design standards. Each of the six different building types will have roofs covered with flat concrete tiles. Exterior walls will be clad with stucco. Desert color tones are proposed (e.g., beige, etc.). The color material sample board will be available for viewing at the meeting. Multi -pane windows are proposed on the first floor, with single pane, single hung sash windows on the second story. The proposed first floor windows will have stucco surrounds. All proposed windows including the sliding glass doors will have aluminum frames. Each of the proposed units have covered outdoor patios or balconies. Project access is limited to three driveways on Adams Street. Each access point is accented with stamped concrete paving. Automatic swing gates will be used to control access into the project at the north and south entrances. Gated access is not being proposed for the middle driveway serving the recreational and rental office building complex only. Two way access is provided for this project by a private loop street measuring 28-feet in width. The looping street provides access to many of the building complexes and to other 26-foot wide parking lanes. Parking for the project consists of open parking for guests and covered parking (carports and garages) for residents. Attached garages are proposed for several of the buildings. Carport structures are freestanding and constructed of prefabricated metal. The total number of parking spaces for the project is 406, with 300 spaces being covered. This is a ratio of two parking spaces per unit. SRCCSpanos New200 - 35 Page 2 of 5 The two structure recreation complex, proposed near Adams Street, is single story (3,144 square feet) and a maximum 23'-9" in height. The buildings will have an open air breezeway between them. Each building will have a hip roof covered with flat concrete tiles. The proposed walls will be clad in stucco to match other on -site buildings. Solid, flat roofed patio covers are provided at each of the four building entrances. Recreational amenities include a 75' long lap pool, spa, putting greens, basketball and volleyball courts, and other uses. Fourteen open parking spaces are provided on the west side of the recreation buildings to accommodate leasing activities and temporary guest parking. Pedestrian sidewalks connect the buildings to the parking and recreation areas. Landscaping plans reflect a varied plant palette. Mature Date Palm trees, measuring 25 feet in height, will accentuate and frame the two gated project entrances and other types of ornamental palms are used for common areas. Trees are spread throughout the development in a random pattern and are sited to provide shading for buildings and open parking areas. The trees consist of Chilean Mesquite, African Sumac, and California Pepper in 24" to 36" box sizes with 1.5 to 3.0 calipers. Low level lighting is planned for landscaping and pedestrian areas and other forms of lighting will be submitted prior to building permit issuance (i.e., game courts, etc.). Hooded parking lot light fixtures are proposed with poles being 24 feet or less in height. A perimeter 6' high masonry wall clad in stucco is planned for privacy and security except along Adams Street which will have a combination fence of stucco masonry with wrought iron on the top three feet. Storm water retention is proposed adjacent to Adams Street, north and south of the recreation complex parking lot. This area will be sodded and available for passive recreational opportunities. Public Notice: This case was advertised in the Desert Sun newspaper on July 12, 1999, as well as mailed to all property owners within 500-feet of the site. No written correspondence has been received. Public Agency Review: The applicant's request was sent to applicable agencies on June 28, 1999, and any pertinent comments received are incorporated into the conditions. SRCCSpanos New200 - 35 Page 3 of 5 Planning Commission Action The Planning Commission considered this request at its meeting of July 27, 1999, and by a 5-0 vote recommended approval of the 200 unit apartment complex by adoption of Resolutions 99-058 through 99-060, subject to findings and conditions. Condition 100 of the Site Development Permit requires the middle driveway on Adams Street be eliminated, limiting project access to only two driveways instead of three. The Commission determined that eliminating the middle driveway would reduce traffic conflicts and enhance traffic movement. Access to the recreation building parking lot will occur by using either of the remaining driveways. A copy of the minutes is attached (see Attachment 3). FINDINGS AND ALTERNATIVES: Findings necessary to approve this request can be made and are contained in the attached Resolutions. The alternatives available to the City Council include: Adopt a Resolution of the City Council certifying an Addendum (Environmental Assessment 99-385) to the Environmental Impact Report for Redevelopment Project Area #2 (State Clearinghouse No. 88041 1 1 1) for Specific Plan 99-037 and Site Development Permit 99-654; and Adopt a Resolution of the City Council approving Specific Plan 99-037, subject to findings and conditions as attached; and Adopt a Resolution of the City Council approving Site Development Permit 99- 654, subject to findings and conditions as attached; or 2. Do not approve the 200 unit apartment complex; or 3. Continue the request to the September 7, 1999 City Council meeting; or 4. Provide staff with alternative direction. SRCCSpanos New200 - 35 Page 4 of 5 Respectfully submitted, JOy Herman, Community Development Director Approved for submission by: A Thomas P. Genovese, City Manager Attachments: 1 . Location Map 2. Site Plan 3. Planning Commission Minutes of July 27, 1999 (Excerpt) 4. SP 99-037 Document (Council Only) SRCCSpanos New200 - 35 Page 5 of 5 RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING AN INITIAL STUDY/EIR ADDENDUM FOR ENVIRONMENTAL ASSESSMENT 99-385 PREPARED FOR SPECIFIC PLAN 99-037 AND SITE DEVELOPMENT PERMIT 99-654 ENVIRONMENTAL ASSESSMENT 99-385 A. G. SPANOS CORPORATION/LA QUINTA REDEVELOPMENT AGENCY WHEREAS, the City Council of the City of La Quinta, California, did, on the 3" day of August, 1999 hold a duly -noticed Public Hearing to consider Environmental Assessment 99-385 prepared for Specific Plan 99-037 and Site Development Permit 99- 654; and WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 27th day of July, 1999 hold a duly -noticed Public Hearing to consider Environmental Assessment 99-385 prepared for Specific Plan 99-037 and Site Development Permit 99-654, and on a 5-0 vote adopted Resolution 99-058 recommending approval to the City Council; and, WHEREAS, the applications complied with the requirements of "The Rules to implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 99-385); and, WHEREAS, it is the determination of the Community Development Director that the proposed applications implement the La Quinta Redevelopment Plan for Project Area #2, for which an EIR was certified by the City Council (State Clearinghouse No. 88041111) on May 16, 1989, and that pursuant to Public Resources Code 21090, actions taken to implement a redevelopment plan are deemed a single project, and no further environmental review is necessary beyond analysis of project -specific impacts. The Community Development Department has prepared Environmental Assessment 99-385 as an addendum to the EIR. No changed circumstances or conditions exist which require preparation of a subsequent EIR, pursuant to Public Resources Code 21166; and, WHEREAS, the City Council has considered the EIR for Redevelopment Project Area #2 and Addendum thereto; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify certification of said Environmental Assessment: 1. The proposed Specific Plan 99-037 and Site Development Permit 99-654 will not be detrimental to the health, safety, or general welfare of the community, either ) AAreso CC EA 99-385 Spanosmpd - 36 Resolution 99- EA 99-385 for Specific Plan 99-037 and Site Development Permit 99-654 indirectly, or directly, in that no significant unmitigable impacts were identified by Environmental Assessment 99-385. 2. The proposed Specific Plan 99-037 and Site Development Permit 99-654 will not have the potential to degrade the quality of the environment, as the project in question is consistent with General Plan goals, policies and objectives and other current City standards. The project does not have the potential to eliminate an important example of California prehistory, as extensive archaeological investigation of the site has been conducted and mitigation measures recommended. The applicant has agreed to implement the necessary mitigation measures during site development, and concurs with project conditions of approval relating to this matter. 3. The proposed Specific Plan 99-037 and Site Development Permit 99-654 do not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as the project will help to implement the La Quinta Redevelopment Plan for Project Area #2. 4. The proposed Specific Plan 99-037 and Site Development Permit 99-654 will not result in impacts which are individually limited but cumulatively considerable when considering planned or proposed development in the immediate vicinity, as the proposed project is being undertaken pursuant to a redevelopment plan for which a final EIR has been certified, and no changes in conditions or circumstances, as outlined in Public Resources Code Section 21166 have occurred. 5. The proposed Specific Plan 99-037 and Site Development Permit 99-654 will not have environmental effects that will adversely affect the human population, either directly or indirectly, as the proposed project will develop residential land uses which have lower impacts than the commercial land uses contemplated in the General Plan and analyzed in the certified General Plan EIR. 6. There is no evidence to show that State mandated school fees will not be adequate to address impacts to school facilities, in that the Specific Plan and Site Development Permit, as proposed, do not affect the current land use as it would be assessed at time of development, whether or not the project was implemented. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: That the above recitations are true and correct and constitute the findings of the City Council for this Environmental Assessment. 2. That it does hereby certify Environmental Assessment 99-385 for the reasons set forth in the Resolution and as stated in the Environmental Assessment Checklist and Addendum on file in the Community Development Department. 11 AAreso CC EA 99-385 Spanos.wpd - 36 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3`d day of August, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 1 h A:\reso CC EA 99-385 Spanos.wpd - 36 i3 J Initial Study and EIR Addendum State Clearinghouse #88041111 for Environmental Assessment 99-385 Prepared for Aventine Apartments The Spanos Corporation and the La Quinta Redevelopment Agency Applications under Review: Affordable Housing Agreement Specific Plan 99-037 Site Development Permit 99-654 Prepared by: Community Development Department City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 July 12,1999 P:AEA 99-385, EIR Addendum, Aventine Specific Plan 2 4. 6 Environmental Checklist Form Project Title: Aventine Apartments Specific Plan 99-037 Site Development Permit 99-654 Affordable Housing Agreement Lead Agency Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Contact Person and Phone Number: Christine di Iorio 760-777-7125 Project Location: East side of Adams Street, approximately 507 feet north of Avenue 48. Project Sponsor's Name and Address: A.G. Spanos Corp. 5029 La Mart Drive, Suite A2 Riverside, CA 92507 General Plan Designation: Mixed/Regional Commercial 7. Zoning: Regional Commercial 10 Description Of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) The project will consist of 200 multi -family dwelling units in two story structures, with a central common recreational area to include a recreation building, putting course, volleyball and basketball courts, and a pool and spa. Carports and garages are generally to be located along the perimeter of the project. Five percent (10 units) of the proposed apartments will be restricted to low income households, and an additional five percent (10 units) will be restricted to moderate income households for a total of 20 units. The project occurs within the boundaries of Redevelopment Area #2. Surrounding Land Uses and Setting: Briefly describe the project's surroundings. Adjacent land to the north has been approved for an Auto Mall which is currently under construction. Land to the south and east are currently vacant. Lands to the west, across Adams Street, is the partially developed low density residential (Lake La Quinta). Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) - Coachella Valley Water District, Imperial Irrigation District, etc. P:AEA 99-385, EIR Addendum, Aventine Specific Plan J �1 �. Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Land Use and Planning Transportation/Circulation X Public Services Population and Housing X Biological Resources Utilities and Service Systems X Geological Problems Energy and Mineral Resources X Aesthetics X Water Hazards Cultural Resources Air Quality X Noise X Recreation Mandatory Finds of Significance Determination (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a potentially significant impact or potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. X I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Signature Printed Name Date Department a P:AEA 99-385, EIR Addendum, Aventine Specific Plan t I 1. Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the reference information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact' entries when the determination is made, an EIR is required. 4) "Potentially Significant Unless Mitigated Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact' to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVII at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. See the sample question below. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 7) This is only a suggested form, and lead agencies are free to use different ones. P:ALA 99-385, EIR Addendum, Aventine Specific Plan Sample question: M Issues (and Supporting Information Sources): Would the proposal result in potential impacts involving: Landslides or mudslides? (1,6) (Attached source list explains that I is the general plan, and 6 is a USGS topo map. This answer would probably not need further explanation.) LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning'? (1 ) Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact M�� b) Conflict with applicable environmental Mans or policies adopted by X agencies with jurisdiction over the project`. ( 1, 2, 3 ) c) Be incompatible with existing land use in the vicinity? ( 4) X d) Affect agricultural resources or operations (e.g., impacts to soils or X farmlands, or impacts from incompatible land uses)? (4, 5) e) Disrupt or divide the physical arrangement of an established X community (including a low-income or minority community)? (4 ) POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections'? X (1) b) Induce substantial growth in an area either directly or indirectly (e.g., X through projects in an undeveloped area or extension or major infrastructure)? (1) c) Displace existing housing, especially affordable housing'? (4) GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture`? (5) P:AEA 99-385, EIR Addendum, Aventine Specific Plan .� E Issues (and Supporting Information Sources): b) Seismic ground shaking? ( 5, 6) c) Seismic ground failure, including liquefaction? ( 5 ) d) Seiche, tsunami, or volcanic hazard? ( 5) e) Landslides or mudflows? (5) f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? ( 6 ) g) Subsidence of the land? (6) h) Expansive soils? ( 6 ) i) Unique geologic or physical features'? IV. WATER. Would the proposal result in: Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact M�M=_ mmm a) Changes in absorption rates, drainage patterns or the rate and amount X of surface runoff? ( 7) b) Exposure of people or property to water related hazards such as flooding? ( 5,6,7 ) c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? ( 7) d) Changes in the amount of surface water in any water body'? ( 7) mmm mmm e) Changes in currents, or the course or direction of water movements? X (5,7) P:AF.A 99-385, EIR Addendum, Aventine Specific Plan V Issues (and Supporting Information Sources): Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact t) Change in the quantity of ground waters, either through direct X additions or withdrawals, or through interception of an aquifer by cuts or excavations, or through substantial loss of groundwater recharge capability? (5,6,7) g) Altered direction or rate of flow of groundwater? ( 5, 7) h) Impacts to groundwater quality? (7) i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (5) AIR QUALITY Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? ( 5) b) Expose sensitive receptors to pollutants? (5 ) M�� mmm mmm c) Alter air movement, moisture, or temperature, or cause any change in X climate'? ( 7 ) d) Create objectionable odors`? (7) VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? (8) b) Hazards to safety from design features (e.g., sharp curves or danger- X ous intersections) or incompatible uses (e.g., farm equipment)? (8) c) Inadequate emergency access or access to nearby uses? ( 7 ) d) Insufficient parking capacity on -site or off -site'? (7 ) P:TA 99-385, EIR Addendum, Aventine Spccific Plan M��= VII Issues (and Supporting Information Sources): e) Hazards or barriers for pedestrians or bicyclists? (7 ) Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact f) Conflicts with adopted policies supporting alternative transportation X (e.g., bus turnouts, bicycle racks)? ( 7 ) g) Rail, waterborne or air traffic impacts? (5) BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened, or rare species or their habitats (including X but not limited to plants, fish, insects, animals, and birds)? ( 5 ) b) Locally designated species (e.g., heritage trees)? (5 ) c) Locally designated natural communities (e.g., oak forest, coastal habitat, etc.)? ( 5) d) Wetland habitat (e.g., marsh, riparian, and vernal pool)? (5) e) Wildlife dispersal or migration corridors? (5) VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? (1, 3, 5) mmm b) Use non-renewable resources in a wasteful and inefficient manner? X (5,7) c) Result in the loss of availability of a known mineral resource that X would be of future value to the region and the residents of the State'? (1,5) P:AEA 99-385, EIR Addendum, Aventine Specific Plan l ''} IX. X. XI. Issues (and Supporting Information Sources): HAZARDS. Would the proposal involve: Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact a) A risk of accidental explosion or release of hazardous substances X (including, but not limited to: oil, pesticides, chemicals, or radiation)? (1,7) b) Possible interference with an emergency response plan or emergency X evacuation plan? ( 1, 7 ) c) The creation of any health hazard or potential health hazard'? (7) 1 1 X d) Exposure of people to existing sources of potential health hazards'? X (1) e) Increased fire hazard in areas with flammable brush, grass, or trees'? X (5) NOISE. Would the proposal result in: a) Increases in existing noise levels? (5,9) b) Exposure of people to severe noise levels? ( 9) PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? (5) b) Police protection'? (5) c) Schools'? (5) d) Maintenance of public facilities, including roads'? (5) e) Other governmental services? (5) 4 P:AEA 99-385, EIR Addendum, Aventine Specific Plan i 1 11 k) 1. f Potentially Potentially Significant Less Than Significant Unless Significant No Issues (and Supporting Information Sources): Impact Mitigated Impact Impact XII. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? (5, 7) I I I X b) Communications systems'? (5, 7) I I I X c) Local or regional water treatment or distribution facilities'? ( 5, 7) I I I X d) Sewer or septic tanks? ( 5, 7) I I I X e) Storm water drainage? (5, 7) I I I X I - �j fi) Solid waste disposal? ( 5, 7) 1 1 1 X g) Local or regional water supplies? (5, 7) I I I X XIII. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway'? (5, 7) X b) Have a demonstrable negative aesthetic effect'? (7) X 7 c) Create light or glare'? (7) 1 1 X XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources'? (10) 1 1 X b) Disturb archaeological resources? (10) X Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact Issues (and Supporting Information Sources): %� P:AEA 99-385, EIR Addendum, Aventine Specific Plan "^ '1 A- 10 XV c) Affect historical resources? (10) d) Have the potential to cause a physical change which would affect unique ethnic cultural values'? (10) e) Restrict existing religious or sacred uses within the potential impact X area'? (10) RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (7) b) Affect existing recreational opportunities'? (5, 7) XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare to endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals'? mmm �M© = ON mmm c) Does the project have impacts that are individually limited, but X cumulatively considerable'? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) d) Does the project have environmental effects which will cause X substantial adverse effects on human beings, either direct or indirectly? P:AEA 99-385, EIR Addendum, Aventine Specific Plan ENVIRONMENTAL ANALYSIS Introduction This section of the EIR Addendum addresses the issues found to have a potential impact in the Initial Study. Those issues identified as "No Impact" require no further discussion, and are not included in the discussion below. This discussion tiers off the Final Environmental Impact Report prepared and certified for La Quinta's Redevelopment Area #2 (State Clearinghouse No. 88041111). The Public Resources Code defines all implementation projects of the Redevelopment Plan as one project, analyzed in the Redevelopment Area #2 EIR, and requiring no further analysis. Issues discussed in this Addendum pertain directly to the proposed project's site -specific impacts, as required by Public Resources Code 21090. Project Description Three applications are under review as part of this Addendum: Specific Plan 99-037, Site Development Permit 99-654, and an Affordable Housing Agreement. These applications would allow the construction of 200 multi -family dwelling units on 14.1± acres on the east side of Adams Street, approximately 507 feet north of Avenue 48. The Affordable Housing Agreement being considered as part of this proposal will require the dedication of 5% of the units to low income households (10 units), and 5% of units to moderate income households (10 units). The project site is currently vacant stabilized sand dunes, and slopes from the northwest to the southeast. Lands occurring to the north, south and east of the site are currently vacant. The approved La Quinta Auto Mall Specific Plan is currently under construction will occur on the lands to the north of the site. Lands to the west across Adams Street are partially developed within the Lake La Quinta project. The two story buildings proposed for this project will contain clusters of 8 and 16 apartments units. Three floor plans are proposed, ranging in size from 792 square feet to 1,121 square feet. The proposal calls for 72 one -bedroom units and 128 two -bedroom units. All buildings will be sited around a central recreation area, which will include a recreation building, pool and spa, basketball court, putting course, volleyball and horse shoe courts. Access to the project will be provided along a loop road. The Specific Plan calls for 106 uncovered parking spaces, 204 carport spaces, and 96 garages, clustered adjacent to the apartment buildings they serve. Two retention basins occur at the western property boundary, and provide considerable setback for the buildings themselves. The retention basins are proposed to also be used as park areas, and are sited behind the project fence. INITIAL STUDY DISCUSSION The following discussion is based on the numbered source in the Initial Study Checklist, and addresses those issues identified therein as having a potential impact. P:AEA 99-385, EIR Addendum, Aventine Specific Plan ? r 13 Land Use and Planning 1. a) Environmental Setting The City of La Quinta General Plan Land Use Map designates the subject property as Mixed/Regional Commercial (M/RC) Overlay District. The property's Zoning designation is Regional Commercial. The proposed project is proposed to be entirely residential in nature. The proposed site is part of a larger parcel, also designated Mixed/Regional Commercial totaling approximately 50 acres. Project Impacts and Mitigation The General Plan supports the development of high density residential land uses in the M/RC designation, particularly outside the Highway I I I corridor. Policy 2-3.1.7 requires "strict design and development standards and a high ratio of affordability." Policy 2-3.1.9 states "a specific plan must be approved prior to any land division or other development approval...." The proposed project will provide 10% of its units for low and moderate income families, addressing the requirements of policy 2-3.1.7, and the submittal of Specific Plan 99-037 will satisfy the requirements of policy 2-3.1.9. The Land Use Element further states (Policy 2-1.1.8) "Appropriate locations for HDR areas include areas where planned community facilities, major vehicular transportation system access, appropriately sized utilities, commercial services and employment uses are easily available..." Under Section 9.80.030 of the Zoning Ordinance, a minimum of 15% of the proposed dwelling units shall be set aside for low- and/or very -low income households. The proposed project will be located on a Primary Arterial roadway, less than a half mile from Highway 111, and adjacent to the planned La Quinta Auto Mall project. Residents at the site will be within easy reach of shopping and employment opportunities, and public transportation. The project location is also supported in the City's Housing Element, by providing affordable housing near employment and transportation systems. The size of the parcel, 14.1 ± acres does not represent a substantial loss in commercial lands (1% of total commercial acreage), and will provide a buffer to low density land uses located to the west. hnplementation of the proposed project therefore represents a less than significant impact. Population and Housing II.a&b) Environmental Setting The project site, designated for Regional Commercial, was not anticipated to contribute directly to the City's population base. The General Plan, however, does support the availability of affordable housing adjacent to employment centers. The City's buildout population is projected to total 59,392, in 31,243 dwelling units. Project Impacts and Mitigation The proposed project has the potential to generate a population of 646 persons, based on current household size in the City (Department of Finance household size of 3.228 persons). The increase represents only 1 % of the City's buildout population, and does not represent a significant impact to population projections. 11:AFA 99-385, FIR Addendum, Aventine Specific Plan 14 The proposed project lies adjacent or near existing or approved commercial development along the Highway 111 corridor. These projects have or will create a need for residential development insofar as they have or will need to house their employees. The proposed project will provide residential support to these projects, and can be expected to represent a beneficial impact to the area. Geologic Problems III. a, b, & c) Environmental Setting The proposed project occurs in a Zone IV groundshaking zone. The project site can expect to experience significant groundshaking in the event of a major earthquake in the Coachella Valley. The project does not occur in an area prone to liquefaction, and its distance from an active fault makes ground rupture unlikely. Project Impacts and Mitigation In order to mitigate the potential impacts of groundshaking on buildings throughout the City, the Building Department has implemented the Uniform Building Code, as amended, which requires reinforced construction in groundshaking zones. The project will be required to meet or exceed the City's building standards, thereby reducing the potential impact from groundshaking hazards to a level of insignificance. Ill. f,g&h) Environmental Setting Portions of the City are subject to wind erosion, as well as erosion under flooding conditions. The area of the project site slopes slightly, and is typical of the stabilized sand dune environment found in much of the northern portion of the City. The Coachella Valley is a non -attainment area for PM10, particles of dust of 10 microns or less. The City participates in the regional mitigation of PM10 through the implementation of dust control plans for all construction projects. Project Impacts and Mitigation A geotechnical investigation was undertaken for the proposed project'. The project site does not occur within a blowsand hazard area. The site does, however, have a potential for erosion from both wind and flooding. The geotechnical engineer found the upper soils on the site to be "relatively loose." Mitigation measures are recommended as follows: Grading plans for the proposed project shall include over excavation and recompaction to the satisfaction of the City Engineer. All grading plans shall be accompanied by soils engineering data which demonstrates that the techniques used in grading will improve soil bearing capacity and reduce the potential for settlement from static loading. "Geotechnical Engineering Report, Proposed 200 Unit Apartment Complex, Adams Street, North of Avenue 48, La Quinta, California." Earth Systems Consultants. June 1999. P:AEA 99-385, EIR Addendum, Aventine Specific Plan 15 2. Soil testing by a qualified professional shall occur during site grading, to the satisfaction of the City Engineer, to demonstrate that recompaction meets the required standards. 3. Any area of the site which is graded but not immediately constructed shall be stabilized using chemical stabilizers or revegetation. 4. In conformance with the Municipal Code, a dust control plan shall be approved by the City Engineer prior to any ground disturbing activity on the site. The implementation of these mitigation measures should reduce the impacts to a less than significant level. Water IV. a & b) Environmental Setting The construction of any project on vacant land reduces the potential land available for the absorption of surface water, and changes surface water runoff patterns. Federal and local standards require that all projects contain the 100 year 24-hour storm on -site, to reduce potential impacts to down -stream properties. Flood control within the City is managed through the City Engineer's office, which has responsibility for the review of storm water retention and detention plans. Project Impacts and Mitigation The proposed project includes, in conformance with the City Engineer's requirements for the retention of the 100 year storm event on site, the construction of retention basins along the site frontage on Adams Street, as well as a central retention basin to also be used as a golf putting course. The retention basins shall be designed to meet the City's standards for such structures, and shall be incorporated into the landscaping concept for the proposed project. The retention basins will provide for the absorption of water, and reduce this potential impact. The basins will also control the flow of storm water generated on the site, and will reduce the potential impacts to an insignificant level. Controlling runoff through the site will also reduce the hazard to people and property to a level of insignificance. IV. f) Environmental Setting The City's water supply comes from groundwater extracted by the Coachella Valley Water District through a system of wells. The aquifer and groundwater basins are recharged through natural percolation, augmented by surface water from the Colorado River. The Coachella Valley Water District participates in regional recharge through percolation ponds located in the north end of the Coachella Valley. Project Impacts and Mitigation The construction of the proposed project will result in an increased demand for domestic water. The Valley's water supplies are recharged through contractual agreement with the Metropolitan Water District, utilizing California Water Project resources. Although the regional groundwater basin is in an overdraft condition, the efforts of the Coachella Valley Water District, the City's water conservation requirements, and other outside agency efforts are mitigating the regional draw -down of groundwater. P:\F,A 99-385, FIR Addendum, Aventine Specific Plan IV. h) Environmental Setting The covering of ground with impermeable surfaces can concentrate pollutants generated by urbanized areas, including solvents, oils and chemicals. These pollutants are carried through streets to storni water facilities. If untreated, these pollutants can eventually affect the groundwater supply. Project Impacts and Mitigation Impermeable surfaces within the proposed project can increase the potential for pollutants to occur and eventually contaminate groundwater. The site will drain to retention basins along Adams Street. The retention basins are required, in order to meet City standards, to include filtration devices or other methods to ensure that water being absorbed into the ground does not contain pollutants or other foreign materials. The drainage system shall be required to meet the standards established by the National Pollution Discharge Elimination System (NPDES), as implemented by the City. The implementation of this program will reduce impacts to a level of insignificance. Air Quality V.a&b) Environmental Setting The City of La Quinta and Coachella Valley are under the jurisdiction of the South Coast Air Quality Management District, which is responsible for maintaining federal and state air quality standards. The Coachella Valley does not meet these standards, particularly as regards dust generation (PM10). It is expected, however, that improvements in the management of dust in the Valley have improved the air basin's air quality, and that PMIO management has been effective in lowering the potential impacts. The primary source of air pollution in the City is vehicle traffic. Project Impacts and Mitigation Residential land uses are considered sensitive receptors to air quality. The proposed project site's air quality was analyzed as part of both the Redevelopment Plan EIR and the General Plan EIR, with the assumption that development on the site would be commercial in nature. The vehicle traffic generated by a commercial development on 14 acres can be expected to be higher than that generated by residential development on the same site. The impacts to air quality at and around the site can therefore be expected to be lower than those previously analyzed. The City and Coachella Valley's air quality is substantially impacted by PMIO. In order to mitigate the impacts of PM 10 on and near the site, the project proponent will be required to submit, for review and approval by the City Engineer, a PMIO dust control plan. The PM10 plan will help to reduce the potential impacts on and near the site during grading. Long term impacts to residents of the project site will also be reduced by project design, which proposes setbacks from the primary potential generator, Adams Street, by the use of retention basins along the frontage. I':AEA 99-385, EIR Addcndum, Aventinc Specific flan 17 Transportation/Circulation VI. a&b) Environmental Setting The project area is located on Adams Street, a Primary Arterial on the City's General Plan Circulation Map. Current traffic volumes on Adams Street and surrounding roadways are generally within acceptable levels of service. Adams Street is not currently improved to its full cross section as a Primary Arterial. Sunline Transit is responsible for the provision of public transit in the City. It currently does not provide service to the project area. Project Impacts and Mitigation A traffic impact analysis was prepared for the proposed project'. The study found that the proposed project will generate 1,330 daily trips, and that the circulation system at or near the site will operate within the City's standards at project buildout. The study assumes that the project proponent shall improve Adams Street along the frontage of the property to its General Plan configuration. The study recommends several mitigation measures to ensure that safe traffic operations occur after project buildout: Left turns from the project site to Adams Street shall be prohibited. All traffic leaving the site shall be restricted to right turns only. 2. A left turn lane on southbound Adams Street at the southern entry drive will be required to allow left turns from Adams Street into the site. Stop signs shall be required at all site egress points. 4. The lane geometries shown in Figure VI-2 of the above -referenced traffic study shall be implemented at all site access locations. The applicant shall work with Sunline Transit Agency to locate a bus stop adjacent to the project site on Adams Street. The bus stop will include such amenities as a covered shelter, bench and trash receptacle. The implementation of these mitigation measures will reduce the potential traffic impacts to a less than significant level. Biological Resources VII.a,c&e) Environmental Setting The project area can be characterized as Creosote Scrub community, found throughout the Coachella Valley on the Valley floor. The project area is designated as potential habitat for the Coachella Valley fringe -toed lizard. The City, in conjunction with other cities in the Coachella Valley, has adopted and implemented a Habitat Conservation Plan for this endangered species. The General Plan does not designate the project "La Quinta Apartments Traffic Impact Analysis." Endo Engineering, June 1999. P:AEA 99-385, EIR Addendum, Aventine Specific flan is 0 vicinity as likely habitat for other species of concern. Project Impacts and Mitigation The proposed project occurs within the habitat boundaries of the Coachella Valley fringe -toed lizard, an endangered species. The Habitat Conservation Plan requires the payment of a fee by the project proponent. This payment will provide sufficient Mitigation to reduce the impacts to the fringe -toed lizard to a less than significant level. No other species of concern are expected to occur on the project site. Noise X.a&b) Environmental Setting The City's primary noise generator is vehicular transportation. The General Plan Master Environmental Assessment estimates that current noise levels in the project vicinity are 50 to 60 dBA CNEL. The City has adopted standards for exterior and interior noise levels for all land uses. The standard for residential land uses is 60 dBA CNEL or less exterior, and 45 dBA CNEL or less for interior noise levels. Project Impacts and Mitigation A noise impact analysis was prepared for the proposed project'. The study found that the project site will be impacted by noise on Adams Street, but that with the implementation of planned project perimeter walls, the units closest to Adams Street will experience a noise level of 58.8 dBA CNEL. This noise level is within the City's standard, which requires that all exterior residential noise levels be 60 dBA CNEL or less. The study further found that the interior standard of 45 dBA CNEL will be achieved through standard constriction practices, with the exception of the westernmost units facing Adams Street, which will experience a higher noise level with windows open. Those units will require mechanical ventilation to City standard. The following mitigation measure is therefore incorporated into the project: The first row of units facing Adams Street shall be provided with mechanical ventilation which supplies two air changes per hour for each habitable room, including 20% fresh air obtained directly from the outside. The fresh air inlet duct shall be of sound attenuating construction and shall consist of a minimum of ten feet of straight or curved duct, or six feet plus one sharp 90 degree bend. This mitigation measure will reduce potential impacts to a less than significant level. Public Services XI. a through g) Environmental Setting Fire protection is provided to the City by contract with the Riverside County Fire "Indoor and Outdoor Noise Analysis for Aventine Apartments, City of La Quinta." Mestre Greve Associates, June 1999. P:AFA 99-385, FIR Addendum, Aventine Specific Plan K Department. Police protection is contracted through the Riverside County Sheriff's Department. The project is within the boundary of the Desert Sands Unified School District. Roads and other governmental services are the responsibility of the City of La Quinta. Project Impacts and Mitigation The project will have an impact on all public service providers, but does not significantly impact any level of service established by the City. The Desert Sands Unified School District will be impacted by additional students who are likely to reside within the project. The California Legislature has established a School Mitigation Fee, payable at the issuance of building pennits, to mitigate the impacts of new construction to the school system. The project proponent will be require to contribute the fee in effect at the time of building permit issuance. Utilities and Service Systems XII. a through g) Environmental Setting A number of providers are responsible for the provision of utilities to the City of La Quinta. They include: The Gas Company for natural gas, General Telephone Company for telephone service, the Coachella Valley Water District for domestic water service and sewage treatment, the City of La Quinta for local drainage, the Coachella Valley Water District for regional drainage, Waste Management of the Desert for solid waste disposal, MediaOne for cable TV, and the Imperial Irrigation District for electric service. Project Impacts and Mitigation The proposed project will have an impact on all utility providers, but is well within their ability to service the area. The project will be required to demonstrate the ability of all these providers to service the site prior to the issuance of building pen -nits. The project proponent will work with all the utilities to provide extensions or improvements required to the project site. By meeting the City Engineer's requirement for on -site retention, the applicant will reduce impacts to the local and regional drainage system. The impact to utility providers is expected to be less than significant. Aesthetics XIII. a & c) Environmental Setting The project area is designated a Secondary Image Corridor in the General Plan. Vistas in the City include the Santa Rosa Mountains to the west, and the Coral Reef Mountains to the south. The project area is not within a Visual Focal point, as defined by the Master Environmental Assessment. Lands in the project vicinity are generally vacant, with the exception of low density residential to the west. Project Impacts and Mitigation The construction of the proposed project will not have a significant impact on visual resources in the City. The improvement of Adams Street along the project boundary will further the goals and policies of the General Plan by improving the street frontage P:yEA 99-385, E[R Addendum, Aventine Specific Plan r r �' 20 to the standards required of Secondary Image Corridors, thereby creating an appealing vista along the streetscape. The project will create additional light in the area. The City has implemented standards for outdoor lighting, which the project will be required to meet or exceed. These provisions include requirements for shielding, limits on light pole heights, and types of lighting allowed. These standards and requirements will reduce the potential impacts from light or glare to a less than significant level. Cultural Resources XIV.a,b,c&d) Environmental Setting The City of La Quinta falls within the territory of the ancient Lake Cahuilla, and has proven to be a rich repository of archaeological and historic resources. The area in which the proposed project occurs is generally a Creosote Scrub community, typical of the desert floor. Sand deposition caused by the prevailing winds have formed sand dunes throughout the area. The project area's proximity to ancient Lake Cahuilla's shore increases the possibility for the occurrence of cultural resources in the area. Project Impacts and Mitigation A cultural resource analysis was conducted for the project site and land immediately adjacent'. The study found four recorded sites within the 50 acre City -owned parcel, and a number of additional sites within one mile. On -site investigation discovered no new sites, but did extensively study the previously recorded sites. The study found that the previously identified sites do not qualify as significant under either CEQA or Section 106 of the National Historic Preservation Act. Although the testing program undertaken was extensive, the potential for additional buried resources is not precluded. The following mitigation measure shall therefore be implemented to reduce impacts to a less than significant level: A qualified archaeological monitor shall be on -site during all grading and trenching activities on the site. The monitor shall prepare a report detailing monitoring activities and professional conclusions and submit same to the Community Development Department for review. "Phase II Test Excavation for APN 649-036-030, Northeast Corner of Avenue 48 and Adams Street, City of La Quinta, California." Archaeological Advisory Group, June 1999. 1':AF.A 99-385, EIR Addendum, Aventine Specific Plan 21 EARLIER ANALYSES. a) Earlier analyses used. The following documents were used in the preparation of the Checklist. The number used below corresponds to the Source number used in the Checklist. 1. La Quinta General Plan, October 1992 2. La Quinta Redevelopment Project Area #2 EIR, July 1988 3. La Quinta General Plan EIR, October 1992 4. Aerial Photograph, Exhibit 2 of Specific Plan 99-037 5. La Quinta Master Environmental Assessment, October 1992 6. "Geotechnical Engineering Report, Proposed 200 Unit Apartment Complex, Adams Street, North of Avenue 48, La Quinta, California." Earth Systems Consultants, June 1999 7. "Aventine, A Specific Plan for the City of La Quinta." Mainiero, Smith & Associates, June 1999 8. "La Quinta Apartments Traffic Impact Analysis." Endo Engineering, June 1999 9. "Indoor and Outdoor Noise Analysis for Aventine Apartments." Mestre Greve Associates, June 1999 10. "Phase II Test Excavation for APN 649-036-030, Northeast corner of Avenue 48 and Adams Street, City of La Quinta, California." Archaeological Advisory Group, June 1999 b) Impacts adequately addressed. The Environmental Impact Report certified for Redevelopment Area #2 addressed buildout of the entire area, and proposed mitigation measures adequate to reduce potential impacts. The mitigation measures contained in this Addendum adequately mitigate the project -specific impacts associated with this development. The proposed project is within the scope of the original EIR, and implements its goals and objectives. Potentially significant impacts addressed in this document include impacts associated with geologic problems, water resources, noise and cultural resources are addressed in this document. C) Mitigation measures. The mitigation measures contained herein, combined with the conditions of approval proposed for the proposed project, address potentially significant impacts and lower these impacts to a less than significant level. P:AEA 99-385, EIR Addendum, Aventine Specific Plan 22 �i� �l v� RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SPECIFIC PLAN DEVELOPMENT PRINCIPALS AND GUIDELINES FOR A 200 UNIT APARTMENT COMPLEX CASE NO.: SPECIFIC PLAN 99-037 A. G. SPANOS CORPORATION WHEREAS, the City Council of the City of La Quinta did on the 3Id day of August, 1999, hold a duly noticed public hearing to consider the request of A. G. Spanos Corporation to approve the development principals and guidelines for a 200 unit apartment complex located on the east side of Adams Street, approximately 507 feet north of Avenue 48; WHEREAS, the Planning Commission of the City of La Quinta did on the 272h day of July, 1999, hold a duly noticed public hearing to consider the request of A. G. Spanos Corporation to approve the development principals and guidelines for a 200 unit apartment complex. The Planning Commission by adoption of Resolution 99- 059 recommended approval of SP 99-037 to the City Council on a 5-0 vote. The site is described as: Portion of Assessor's Parcel No. 649-030-036; Portions of S'/2 of Section 29, T5S, R7E, SBBM WHEREAS, the proposed Specific Plan is an implementation action under the La Quinta Redevelopment Plan for Project Area #2. An Environmental Impact Report was certified for this Plan by the City Council (State Clearinghouse #88041 1 1 1). Pursuant to Public Resources Code 21090, all actions taken to implement a Redevelopment Plan are deemed a single project and no further environmental review is necessary beyond analysis of project -specific impacts. Therefore, an Environmental Assessment (EA 99-385) as an Addendum to the EIR was prepared to determine whether the conditions referenced in Public Resources Code Section 21 166 are present; and, WHEREAS, the City Council has considered the EIR for Redevelopment Area #2 and Addendum thereto; and, WHEREAS, at said public hearing upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to justify approval of the Specific Plan: 1 . The Specific Plan, as proposed, is consistent with the goals and policies of the La Quinta General Plan in that the property is designated for either commercial uses or medium and high density residential uses under the Mixed/Regional Commercial category (Policy 2-3.1 .7). The proposed density will be 14 units per acre where 16 units per acre is allowed. Additionally, the applicant is A:\Resocc SP37Spanos.wpd- 36 ,.t i v providing 20 of the 200 units as affordable (low and moderate income) in compliance with criteria for residential uses. 2. The Specific Plan document outlines development principles and design guidelines that ensure the apartment complex will not be detrimental to public health, safety and general welfare. 3. The Specific Plan document allows for a 200 unit apartment complex. Low density residential units exist across Adams Street. To the east and south the property is owned by the City's Redevelopment Agency and intended for residential development, thereby providing land use compatibility. 4. The Specific Plan property is suitable and appropriate in that it is accessible from Adams Street, and provides a transitional buffer between adjacent future land uses. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La Quinta, California as follows: That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That it does hereby recommend that the EIR Addendum of Environmental Impact be certified for this project. 3. That it does hereby approve the Specific Plan for the reasons set forth in this Resolution, subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 3`d day of August, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California A:\Resocc SP37Spanos.wpd- 36 L •� , ,.� ,, Resolution 99- Specific Plan 99-037 (Spanos) August 3, 1999 ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California A:\Resocc SP37Spanos.wpd- 36 RESOLUTION 99-_ CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 99-037, A. G. SPANOS CORP. AUGUST 3, 1999 GENERAL 1 . The development shall comply with Exhibit "A" of Specific Plan 99-037, unless otherwise amended herein. 2. Developer/applicant agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. 3. The Conditions of Approval for Site Development Permit 99-654 are binding for this Specific Plan. ENVIRONMENTAL 4. The developer shall comply with any provisions outlined in Environmental Assessment 99-385. FIRE DEPARTMENT Final fire protection requirements will be determined when specific project plans are submitted. The Fire Department recommends the following fire protection measures be provided in accordance with the La Quinta Municipal Code and/or Riverside County Fire Department protection standards: 5. All water mains and fire hydrants providing required fire flows shall be constructed in accordance with the appropriate sections of CVWD Standard W- 33, subject to the approval by the Riverside County Fire Department. 6. All roads need to be a minimum of 20 feet unobstructed width, subject to the approval of the Fire Department. 7. Specific access plans shall be submitted. TEXT AMENDMENT CHANGES The Specific Plan document shall be revised as follows: Exhibits 5 & 9 (and any other applicable location in the document) - Remove "6' high masonry wall" notation from north property line. The grade difference with the approved grading plan for the property to the north will require a stepped -back retaining wall approximately 1 2' in height. If grade differential between properties is less, the developer shall work with City staff to reduce the height of the retaining wall. AACOA CC SP37spanosmpd - 36 Page 1 of 2 Conditions of Approval Specific Plan 99-037 - AG Spanos August 3, 1999 Exhibit 6 (and any other applicable location in the document) - Revise note on the landscape lot. The 20-foot landscape setback will remain under private ownership. The only dedication(s) over this area would be sidewalk easement if the sidewalk meanders into the setback and any needed utility or bus waiting shelter easements. Page 13 (Section 2.10.3) - Eliminate second sentence Page 17 (Section 2.40.3) - Eliminate third sentence Page 21 (Section 2.50.4) - Change Palm Desert Waste Management to Waste Management of the Desert +j A:\COA CC SP37spanos.wpd - 36 Page 2 of 2 RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SITE DEVELOPMENT PERMIT ALLOWING A 200 RESIDENTIAL APARTMENT UNIT PROJECT CASE NO.: SITE DEVELOPMENT PERMIT 99-654 APPLICANT: A. G. SPANOS CORPORATION WHEREAS, the City Council of the City of La Quinta, California, did on the 3" day of August, 1999, hold a duly noticed Public Hearing to consider the request of A. G. Spanos Corporation for approval of a 200 residential apartment unit project in the Regional Commercial Zone, located on the east side of Adams Street and 507 feet north of Avenue 48; WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 271h day of July, 1999, hold a duly noticed Public Hearing to consider the request of A. G. Spanos Corporation for approval of a 200 residential apartment unit project in the Regional Commercial Zone, located on the east side of Adams Street and 507-feet north of Avenue 48, more particularly described as: Portion of Assessor's Parcel No. 649-030-036; S% of Section 29, Township 5 South, Range 6 East, SBBM WHEREAS, the proposed Site Development Permit is an implementation action under the La Quinta Redevelopment Plan for Project Area #2. An Environmental Impact Report (EIR) was certified for this Plan by the City Council (State Clearinghouse #88041 1 1 1). Pursuant to Public Resources Code 21090, all actions taken to implement a Redevelopment Plan are deemed a single project and no further environmental review is necessary beyond analysis of project -specific impacts. Therefore an Environmental Assessment (Environmental Assessment 99-385) as an Addendum to the EIR was prepared to determine whether the conditions referenced in Public Resources Code Section 21 166 are present; and, WHEREAS, the City Council has considered the EIR for Redevelopment Area #2 and Addendum thereto; and, WHEREAS, upon hearing and considering all testimony and arguments, if any of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify approval of Site Development Permit 99-654: 1. The project is consistent with the General Plan in that residential units of this type are permitted in the Regional Commercial designation with adoption of a Specific Plan. 2. This project has been designed to be consistent with the provisions of the Specific Plan 99-037. 4111 031v A:\ss\resopcsdp645 - 36 Resolution 99- Site Development Permit 99-654 (Spanos) August 3, 1999 3. Processing and approval of this project is in compliance with the requirements of the California Environmental Quality Act in that an Environmental Assessment has been prepared and EIR Addendum is recommended. 4. The architectural design of the project is compatible with the surrounding development in that it is of a compatible architectural design, colors, and materials. 5. The site design of the project is attractive and well designed and appropriate for the area. Parking has been kept around the perimeter of the site to increase the pedestrian aspect of the project and two parking spaces per unit is provided via a shared parking plan. 6. The landscape design of the project will utilize plants compatible with existing and future developments. An emphasis on mature landscaping has been proposed to reinforce the resort community image and character of the area. Additional planter islands shall be installed within the perimeter loop drive aisle to provide additional buffering of two story building complexes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the City Council in this case; 2. That the City Council does hereby approve Site Development Permit 99-654 for the reasons set forth in this Resolution, subject to the attached conditions; 3. That it does hereby recommend that the EIR Addendum of Environmental Impact be certified for this project. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 3`d day of August, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California A:\ss\resopcsdp645 - 36 ['R 7 ►7 Resolution 99- Site Development Permit 99-654 (Spans) August 3, 1999 ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California q.]I A:\ss\resopcsdp645 - 36 v J (a RESOLUTION 99-_ CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 99-654, A.G. SPANOS CORP. AUGUST 3, 1999 The development shall comply with the City's Zoning Code, Specific Plan 99-037 (on file in the Community Development Department), the approved exhibits and the following conditions. 2. Applicant agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 3. The Site Development Permit shall expire on August 3, 2000, unless building permits are issued pursuant to Section 9.210.010 of the Zoning Ordinance. Time extensions may be granted pursuant to Section 9.200.080. 4. Prior to issuance of any grading or building permits, or ground disturbance, mitigation measures as recommended by the Archaeological Assessment for the site shall be completed at the applicant/developer's expense. This consists of having an archaeological monitor on site during grading and earth disturbance operations. A final report shall be submitted for approval prior to issuance of the Certificate of Occupancy of the first building. 5. Handicap access, facilities and parking shall be provided per State and local requirements. 6. Prior to any site disturbance being permitted, including construction, preliminary site work and/or archaeological investigation, the project developer shall submit and have approved a Fugitive Dust Control Plan (FDCP), in accordance with Chapter 6.16 of the La Quinta Municipal Code. The plan shall define all areas proposed for development and shall indicate time lines for phasing of the project, and shall establish standards for comprehensive control of both anthropogenic and natural creation of airborne dust due to development activities on site. Phased projects must prepare a plan that addresses control measures over the entire build -out of the project (e.g., for disturbed lands pending future development). Ci39 COA CC SDP654 Spanos - 36 Page 1 of 16 Resolution 99- Conditions of Approval Site Development Permit 99-654 August 3, 1999 7. Construction shall comply with all local and State building code requirements as determined by the Building and Safety Director. 8. Prior to the issuance of a grading permit, the applicant shall prepare and submit a written report to the Community Development Director demonstrating compliance with those Conditions of Approval and mitigation measures of SP 99- 037, and EA 99-385. Prior to the issuance of a building permit, the applicant shall prepare and submit a written report to the Community Development Director demonstrating compliance with those Conditions of Approval and mitigation measures of SP 99-037 and EA 99-385. The Community Development Director may require inspection or other mitigation monitoring measures to assure such compliance. 9. Prior to the issuance of any grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the CWQCB acknowledgment of the applicant's Notice of Intent prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. 4,_.3 COA CC SDP654 Spanos - 36 Page 2 of 16 — Resolution 99- Conditions of Approval Site Development Permit 99-654 August 3, 1999 PROP-E TY—RLGHTS 10. Prior to approval of a grading permit, the applicant shall acquire or confer easements and other property rights required of these conditions or otherwise necessary for construction and proper functioning of the proposed development. 11. The applicant shall grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 12. Right of way grants required of this development include: Adams Street - 55-foot half of a 1 10-foot right of way. 13. Grants shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 14. If the City Engineer determines that access rights to proposed street rights of way shown on the tentative map are necessary prior to approval of final maps dedicating the rights of way, the applicant shall grant the right of way within 60 days of written request by the City. 15. The applicant shall create privately -owned and maintained perimeter setbacks along public rights of way as follows (listed setback depth is the average depth if meandering wall design is approved): Adams Street - 20 feet The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall dedicate blanket easements for those purposes. 16. The applicant shall grant easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 4. 22 4 COA CC SDP654 spans - 36 Page 3 of 1b 4 1 Resolution 99- Conditions of Approval Site Development Permit 99-654 August 3, 1999 17. The applicant shall vacate abutter's rights of access to public streets and properties from all frontage along the streets and properties except access points shown on the approved site plan. 18. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 19. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners. IMPROVEMENT -PLANS 20. As used throughout these conditions of approval, professional titles such as "engineer," "surveyor," and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 21. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." Precise grading plans shall have signature blocks for Community Development Director and the Building Official. All other plans shall have signature blocks for the City Engineer. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, entry drives, gates, and parking lots. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and entry monuments. "Precise Grading" plans shall normally include perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 22. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. COA CC SDP654 spans - 36 Page 4 of 16( . , Ii4 Resolution 99- Conditions of Approval Site Development Permit 99-654 August 3, 1999 23. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. UNWOVIAMM11111\ 1� 24. Portions of the improvements required herein may be defrayed through participation in the Development Impact Fee program which becomes effective August 16, 1999. 25. The subdivider may be required to construct improvements, to reimburse others who construct improvements that are obligations of this development, to secure the cost of the improvements for future construction by others, or a combination of these methods. In the event that any of the improvements required herein are constructed by the City prior to construction of this development, the Applicant shall, prior to issuance of grading or building permits, reimburse the City for the cost of those improvements. 26. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to issuance of a grading permit. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 27. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates A J(1 COA CC SDP654 Spanos - 36 Page 5 of 16 i� A :3 Resolution 99- Conditions of Approval Site Development Permit 99-654 August 3, 1999 shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, final acceptance of all required improvements and release of security will not be scheduled for City Council approval prior to the applicant meeting all requirements for telephone service to the units created by this development. 28. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan or in an improvement agreement, the City shall have the right to halt issuance of building permits or final building inspections, withhold other approvals related to the development of the project or call upon the surety to complete the improvements. GRADING 29. This development shall comply with Chapter 8.11 of the LQMC (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish certifications as required by FEMA that the above conditions have been met. 30. The applicant shall furnish a preliminary geotechnical ("soils") report and a grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. The plan must be approved by the City Engineer prior to issuance of a grading permit. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 31. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. COA CC SDP654 spans - 36 Page 6 of 16 t; 4 t Resolution 99- Conditions of Approval Site Development Permit 99-654 August 3, 1999 32. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract or parcel map, but not sharing common street frontage, where the differential shall not exceed five feet. If compliance with this requirement is impractical, the City will consider and may approve alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 33. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, LQMC. The Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 34. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 35. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. DRAINAGII! The applicant shall comply with the provisions of Engineering Bulletin No. 97.03 and the following: 36. Stormwater falling on site during the peak 24-hour period of a 100-year storm (the design storm) shall be retained within the development unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. 37. Stormwater shall be retained in common retention basins. COA CC SDP654 Spanos - 36 Page 7 of 1 Resolution 99- Conditions of Approval Site Development Permit 99-654 August 3, 1999 38. Storm flow in excess of retention capacity shall be routed through a designated, unimpeded overflow outlet to the historic drainage relief route. 39. Storm drainage historically received from adjoining property shall be retained on site or passed through to the overflow outlet. 40. Retention facility design shall be based on site -specific percolation data which shall be submitted for checking with the retention facility plans. The design percolation rate shall not exceed two inches per hour. 41. Retention basin slopes shall not exceed 3:1 . Maximum retention depth shall be six feet for common basins and two feet for individual -lot retention. 42. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leachfield approved by the City Engineer. The sand filter and leechfield shall be designed to contain surges of 3 gph/1,000 sq. ft. (of landscape area) and infiltrate 5 gpd/1,000 sq. ft. UTILITJES 43. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 44. Existing overhead utility lines and all proposed utilities within or adjacent to the proposed development shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. 45. Utilities shall be installed prior to overlying hardscape. For installation of utilities in existing, improved streets, the applicant shall comply with trench restoration requirements maintained or required by the City Engineer. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. STREET AND—MAFFIC IMP.ROVEMENT_S 46. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses. (Public street improvements shall conform with the City's General Plan in effect at the time of construction.) c COA CC SDP654 Spanos - 36 Page 8 of 16 V 4 G Resolution 99- Conditions of Approval Site Development Permit 99-654 August 3, 1999 OFF -SITE STREETS Adams Street - Construct remainder of 86-foot improvement (travel width, excluding curbs), six-foot sidewalk. Applicant is responsible for 50% of the cost of the 18-foot wide landscape median. The applicant may be required to construct the full median subject to reimbursement of costs for all or 50% thereof depending on whether this development is subject to the Infrastructure Fee or the Development Impact Fee. ON -SITE ENTRIES AND DRIVEWAY Twenty-eight foot travel width on driveway with 100% off-street parking, except as shown on the Preliminary Grading plan received by the City on June 21, 1999. North and south entry drive shall be 34 feet. Center entry shall be 36 feet. Turn knuckles, corner cutbacks, bus turnouts, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. 47. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs, and sidewalks. Mid -block street lighting is not required. 48. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 49. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 50. Culs de sac, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #800, #801 and #805 respectively unless otherwise approved by the City Engineer. COA CC SDP654 Spanos - 36 Page 9 of 16 dt Resolution 99- Conditions of Approval Site Development Permit 99-654 August 3, 1999 51. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. 52. General access points and turning movements of traffic are limited to two entry drives centered approximately 60' and 526' south of the north project boundary. The southerly entry shall be restricted to left -in and right-in/right-out traffic movements with an appropriate left -in median opening. The northerly drive shall be restricted to right-in/right-out movements. 53. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" 54. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 55. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved access to publicly -maintained streets. The improvements shall include required traffic control devices and pavement markings. QUALITY—ASS_URANCE 56. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. COA CC SDP654 Spanos - 36 Page 10 of 16. r. ;4.., Resolution 99- Conditions of Approval Site Development Permit 99-654 August 3, 1999 57. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 58. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans, specifications and applicable regulations. 59. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all public improvement plans which were signed by the City. Each sheet shall be clearly marked "Record Drawings," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster -image files previously submitted to the City to reflect as -constructed conditions. MAI_NTE A11LGE 60. The applicant shall make provisions for continuous, perpetual maintenance of all on -site improvements, perimeter landscaping, access drives, and sidewalks. The applicant shall maintain required public improvements until expressly released from this responsibility by the appropriate public agency. FEES -AND --DEPOSITS 61. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 62. The applicant shall comply with the terms and requirements of the development fee program in effect at the time of issuance of building permits. Building permits issued prior to August 16, 1999 will be subject to the Infrastructure Fee Program. Beginning August 16, 1999, permits will be subject to the Development Impact Fee program. 63. Within 24 hours after review by the City Council, the property owner/developer shall submit to the Community Development Department two checks made out to the County of Riverside in the amount of $78.00 and $1,250.00 to permit the filing and posting of the Notice of Determination for EA 99-385. COA CC SDF1654 Spanos - 36 Page 11 of 16 049 Resolution 99- Conditions of Approval Site Development Permit 99-654 August 3, 1999 64. Prior to building permit issuance, the developer shall pay school mitigation fees to the Desert Sands Unified School District based on the State imposed fee in effect at that time. The school facilities' fee shall be established by Resolution (i.e., State of California School Facilities Financing Act). 65. Prior to issuance of any land disturbance permit, the applicant shall pay the required mitigation fees for the Coachella Valley Fringe -Toed Lizard Habitat Conservation Program, as adopted by the City, in the amount of $100 per acre of disturbed land. LANDS-CAPING—AN-IZP�IM—ETER EENGING 66. Landscape and irrigation plans shall be prepared by a licensed landscape architect, and approved, by the Community Development Department pursuant to Chapter 8.13 of the Municipal Code. Prior to submission of the plans to the City, the developer shall obtain approval by the Coachella Valley Water District and the Riverside County Agricultural Commissioner. The plans are not approved for construction until they have been approved and signed by each approval agency. 67. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of aboveground utility structures. 68. Once the trees have been delivered to the site for installation, a field inspection by the Community Development Department is required before planting to insure they meet minimum size and caliper requirements noted in approved plans. All trees shall be double staked or guyed to prevent damage from seasonal winds. 69. Prior to issuance of a Certificate of Occupancy Permit for the first building, perimeter project walls shall be constructed. 70. Landscaping planter island medians shall be added to the loop driveway at the northeast and southeast corners of the site without impacting required fire lane access, subject to approval by the Community Development Director. 71. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. t' 33 COA CC SDP654 Spanos - 36 Page 12 of 10 of %J �1 Resolution 99- Conditions of Approval Site Development Permit 99-654 August 3, 1999 PUBLIC-S-ERVICES 72. The applicant shall provide public transit improvements as required by Sunline Transit and/or the City. Improvements shall include a bus turnout location and passenger waiting shelter along Adams Street. ;MAl1rT_1**HI_1_� The Fire Department requires the following fire protection measures be provided in accordance with La Quinta Municipal Code and/or Riverside County Fire Department protection standards: 73. Provide or show there exists a water system capable of delivering 1,750 g.p.m. for a 3 hour duration at 20 psi residual operating pressure which must be available before any combustible material is placed on the job site. 74. The applicant/developer shall be responsible to submit written certification from the water company noting the location of the existing fire hydrant and that the existing water system is capable of delivering 1,750 g.p.m. fire flow for a 3 hour duration at 20 psi residual operating pressure. If a water system currently does not exist, the applicant/developer shall be responsible to provide written certification that financial arrangements have been made to provide them. 75. A combination of on -site and off -site Super fire hydrants, on a looped system W, x 4" x 21/2" x 21/2") will be located not less than 25' or more than 165' from any portion of the buildings as measured along approved vehicular travel ways. The required fire flow shall be available from any adjacent hydrants in the system. 76. Blue retro-reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 77. Prior to the issuance of a building permit, applicant/developer shall furnish one blue line copy of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans must be signed by a registered Civil Engineer and the local water company with the following certification: "i certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department". r -I COA CC SDP654 Spanos - 36 Page 13 of 16 1 ° J Resolution 99- Conditions of Approval Site Development Permit 99-654 August 3, 1999 78. The required water system including fire hydrants shall be installed and operational prior to the start of construction. 79. All buildings shall be accessible by an approved all-weather roadway extending to within 150' of all portions of the exterior wall of the first story. Several buildings shown near the "Putting Course" will require adjustments to meet standards. Revised plans are required for review and approval by the Fire Department. 80. Install a complete fire sprinkler system for all structures over 5,000 square feet. The post indicator valve and fire department connection shall be located to the front within 50' of a hydrant, and a minimum of 25' from the building. 81. System plans must be submitted to the Fire Department for review, along with a plan/inspection fee. The approved plans, with Fire Department job card must be at the job site for all inspections. 82. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 83. The minimum dimensions for fire apparatus access roads entering and exiting this project shall have an unobstructed width of not less than 20 feet in each direction and an unobstructed vertical clearance of not less than 13 feet 6 inches, subject to the Fire Department approval. Parking is permitted on one side of roadways with a minimum width of 28 feet. Parking is permitted on both sides of roadways with a minimum width of 36 feet. 84. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A10BC in rating. Contact certified extinguisher company for proper placement of equipment. 85. Gates installed to restrict access shall be power operated and equipped with a Fire Department override system consisting of Knox Key Operated switches, series KS-2P with dust cover, mounted per recommended standard of the Knox Company. Improvement plans for the entry street and gates shall be submitted to the Fire Department for review/approval prior to installation. 86. Gate openings shall be not less than 16 feet in width. All gates shall be located at least 40' feet from the roadway and shall open to allow a vehicle to stop 4-35 I r) COA CC SDP654 Spanos - 36 Page 14 of 161 t J Resolution 99- Conditions of Approval Site Development Permit 99-654 August 3, 1999 without obstructing traffic on the road. Gates shall have either a secondary power supply or an approved manual means to release mechanical control of the gate in the event of loss of primary power. No- _eside-ntiaLBuiWings 87. Install Knox Key Lock boxes, Models 4400, 3200 or 1300, mounted per recommended standard of the Knox Company. Plans must be submitted to the Fire Department for approval of mounting location/position and operating standards. Special forms are available from this office for the ordering of the Key Switch, this form must be authorized and signed by this office for the correctly coded system to be purchased. 88. If the building/facility is protected with a fire alarm system or burglar alarm system, the lock boxes will require "tamper" monitoring. 89. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve (12) months. 90. Final conditions will be addressed when building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. LIGHTING 91. Lighting plans shall be approved by the Community Development Department Director prior to issuance of building permits. Interior security lighting for carport structures (i.e., recessed flourescent tubes) shall be mounted to the underside of the roof. MISCELLANEOUS 92. All agency letters received for this case are made part of the case file documents for plan checking purposes. 93. A centralized mailbox delivery system shall be used for the project pursuant to any requirements of the U.S. Postal Service. 94. Prior to building permit issuance, trash and recycling areas for the project shall be approved by the Community Development Department pursuant to Section 9.60.220 of the Zoning Ordinance. The plan will be reviewed for acceptability by applicable trash company prior to review by the Community Development Department. 4A. 3 ., COA CC SDP654 Spanos - 36 Page 15 of 16 , ,- 13J0 Resolution 99- Conditions of Approval Site Development Permit 99-654 August 3, 1999 95. Permanent identification signs for the development shall be lit by an indirect source as required by Chapter 9.160 (Signs) of the Zoning Ordinance. Temporary and permanent signs for the development shall be approved by the City prior to installation. 96. Garage parking spaces shall measure minimum 10-feet wide by 20-feet deep inside clear dimension pursuant to Chapter 9.150 of the Zoning Ordinance. 97. Oversized vehicles, recreational vehicles and trailers shall be prohibited in open or carport spaces. Parking restrictions shall be enforced by the property owner and/or manager. 98. The developer shall comply with any provisions outlined in Environmental Assessment 99-385. 99. Vertical support poles for carport structures shall be mounted within the first 6' of the front of the stall (including overhang) pursuant to Section 9.150.080 (135) of the Zoning Code. 100. The site plan shall be revised to eliminate the middle driveway on Adams Street. COA CC SDP654 Spanos - 36 Page 16 of 16G 54 ATTACHMENT 1 �._ I. �J` ./- T �.•� � tit �:� 11 -44 r• � s} � .- Hwy. 111 -:,—i+!^{ : iJ�R. -♦ • F ► '- . c c "is'Di i(/ --t-„�,.�.� t� z,�. t •+- ...;.[i,'i ,'3 �`'J UVjj ��':�-��.�..���%•�t. i . r-• •�- S �'Y. • r � fA ��.�_> ��.7� .�"`�•' d ��C -•—'r •i '. �1 a �' _ •� �Z• f �..• �Y ZS ' t:i ,'T' �f Q 's•r"x'���V•�QJ �,• ` { L 7r` r� ��'� tz a•. a �,` �1 Lake La Quinta - !- �. { ,:i �•�'`'t�- -.i�c* � ;,SITE _ � •..„ ::� • �' a ,} . � a .i e �,;�'•;�• t : . . ` �_ - -�. � / k �"� � s'•• - i a•' ' `g Ccr'': ,'. 1 s,� r. �,�TT�*- '* ^a ` _- � •.�- •i. '.�'� i i' , .s .s-]j a .. .Y'T'. t .Y '� fs: - ••�. t-'77^'• � � �� �yr � ..... .. rr f.. _r ��� �t fi�.1i ♦ .. rfr '��i•,� _ Avenue 48An } y r •i r -fir -�' _ ��;� rp, / t S Y �- r �i/if+�J'4 ���} cry t Al y •s' �' l �I �3�.•.").j' . Y � '. Rancho La - uinta Country Club •�{ A • i ATTACHMENT 2 VA f �� ■ T��1aT ♦, � r 11 ' Ka �I ATTACHMENT 3 Planning Commission Minutes July 27, 1999 B. Environmental Assessment 99-385 Specific Plan 99-037 and Site Development Permit 99-654; a request of The Spanos Corporation for certification of an Initial Study/EIR Addendum for Environmental Assessment 99-385 and recommendation for approval of development standards and design guidelines for a 200 unit apartment complex on 14.1 acres in the Regional Commercial Zoning District, and building elevations and development plans located on the east side of Adams Street and north of 48" Avenue. 1. Commissioner Tyler stated that a project across the street was approved by the Planning Commission a few months ago which to date has not been approved by the City Council and it seems strange that the Commission would be reviewing this project when the future of that project is not resolved. 2. City Attorney Dawn Honeywell stated that what is happening on an alternative site is not before the Commission. This is a separate project and is to be reviewed on its on merit. ,It has no bearing on what is happening before the City Council. 3. Commissioner Kirk opened the public hearing and asked for the staff report 4. Planning Manager Christine di Iorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 5. Chairman Kirk asked if there were any questions of staff. Commissioner Abels asked if this was the same design as before. Staff stated the building elevations are similar. City Attorney Dawn Honeywell pointed out the density is 14 units per acre where the other project is 16 units per acre. 6. Commissioner Robbins asked if the open parking areas in the streets counted as open space. Staff stated no, it passive and active recreational open areas only. It is not the drive aisles. 7. Commissioner Butler asked about the change from 160 units to 200 units and the addition of 10 percent affordable units, and if it counted towards the City's housing requirements. If so why can't the condition be left at 10 percent for additional credit. Staff stated the applicant has requested 10 percent and there are covenants that will count toward the City's requirement. City Attorney Dawn Honeywell stated the 20 units will count toward the City's requirement. To require additional units would cost the City more money. C:\My Documents\WPDOCS\PC7-27-99.wpd 4 j . J Planning Commission Minutes July 27, 1999 8. Chairman Kirk asked if the previous application included a request to remove the requirement for affordable units. Staff stated that was correct, the old approval was prior to the City's Housing Element being adopted, there was a stipulation for a certain amount of affordable housing and the applicant was asking to have that stipulation removed as the Housing Element had been adopted. 9. Commissioner Tyler asked if this project abuts the ;southerly border of the Auto mall. Staff stated that is correct. 10. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Ms. Emily Hemphill, attorney for the applicant, stated there was a project previously approved for the other side of the street and as it was very a controversial, The Spanos Corporation met with City staff and is attempting to move the project to this new site. The project will be built either here or at the previous site. It will be one or the other; not two projects. They structured this project to the concerns that had been raised on the previous project. They met with residents from Lake La Quinta and Rancho La Quinta to view the site plan and offer their comments. The comments received were very favorable. It is also correct that the original project did not have an affordable housing component. _ This site is larger and less dense and will allow more units which allows for the affordable units. She then raised their concerns regarding the Conditions of Approval: Page #33, Exhibits 5 & 9 is not correct, the actual difference between the grading of this site and what is projected on the auto mall site is only a two foot difference. They would like to suggest that the developer be required to work with staff so that this site and auto mall site are at compatible grade. The wall will be either 6 or 8 feet above grade and they would deal with the differences in grade either by building a retaining wall of an appropriate height or a slope easement depending upon what the level of difference is between the two sites. Condition #71, regarding the landscaping planters, their concern is that in order to pull into the garage you have to enter from the left of the planter which is the wrong side of the street. They would suggest the developer be required to work with staff to design a planter that is not going to cause a problem with the Fire Department or the tenant to drive on left side of road to get into their garage. Condition #73: regarding a bus turnout be installed on Adams street. In their opinion this is sandwiching too much activity into the area. They would suggest a turn out further north on Adams Street. Condition #84: they meet this requirement everywhere on the site except at the entrance when you drive in the gate at the card reader where it is reduced to 15-feet. They would request that the developer be required to work with CAN1y Documents\WPDOCS\PC7-27-99.wpd 5 [y 11 Planning Commission Minutes July 27, 1999 the Fire Department to locate the card key in a location that works and yet wide enough to allow the fire trucks to enter. For clarification, the count is 200 units, 72 are one bedrooms and 128 are two bedrooms. 11. Chairman Kirk asked staff to address these concerns. Senior Engineer Steve Speer stated that in regard to the elevation differential, he had conferred with the engineer for the auto mall and they are expecting to have a five foot differential at some points and is four to five elevation differential and a two foot difference at the rear. 12. Chairman Kirk asked staff to address Condition #71. Planning Manager Christine di Iorio stated she agreed with applicant. 13. Chairman Kirk asked staff to address Condition #49: Planning Manager Christine di Iorio stated Sunline Transit had made.a recommendation in their letter for amenities for a future transit site. At the present time there is no service being provided to this location. 14. Chairman Kirk asked staff to address Condition #84. Senior Engineer Steve Speer stated that if the Fire Department concurred, staff has no objection. 15. Commissioner Tyler asked if the traffic around the driveway was one way or two way. Ms Hemphill stated it was two way. Commissioner Tyler asked about the recreation area at the front of the project; who is it to be used by. Ms. Hemphill stated it is for the residents of the facility and went on to explain the amenities. Commissioner Tyler stated his concern was three driveways on an Primary Arterial street. The General Plan encourages minimizing the number of direct access driveways. The previous plan had only one driveway off Avenue 47, now they are suggesting three and one is only for access to the sales and recreational building. He is going to suggest eliminating the middle driveway and allow for a bus turnout. Ms. Hemphill stated that their ability to loop around is as much for fire safety as well as convenience for tenants to have access to both sides. This is a gated community therefore access to the sales office needs to be in a manner so they do not have to go through the gate. 16.There being no further questions of the applicant, Chairman Kirk asked if anyone else would like to speak on this issue. Ms. Christine Clarke, representing Stamko Development, developer for the adjacent auto mall, stated she had obtained the grading plan for this project and disagreed with its design. As she did not agree with the drainage she refused to allow them to do the grading they requested on her property. The drainage of the auto mall is to the southeast corner into the commercial site of the property. Their CAMy Documents\WPDOCS\PC7-27-99.wpd 6 1i 4 '7 ' 6 0 Planning Commission Minutes July 27, 1999 drainage is just the opposite because their retention is at the front of the project. She does not see a two foot difference, but a four feet differential at Adams Street. Their typical driveway cross section is confusing. There are three Section A's. They are only showing the driveway, they are not showing Section "A" running in from her property which, since she has told them they cannot grade on her property, she does not know how they are going to get there, so they are not showing the surrounding property coming into the driveway. It is not a compatible project. It is nice that they met with residents from Lake La Quinta and Rancho La Quinta, but they did not meet with her who directly abuts their property. Her setbacks are on Adams Street and Highway 111. If they are going to store cars in the rear of their property, they are going to be very concerned about their wall as they do not want vandalism from this project. At the present time, she is not comfortable with the submittal. 17. There being no further questions, Chairman Kirk closed the public participation portion of the hearing and opened it to Commission discussion. 18. Commissioner Robbins stated there were several places where the Specific Plan and conditions are in conflict. Page 13 of the Specific Plan, landscape plans, one statement says, "any incremental increase in storm water will be retained on the property this is in conflict with the conditions that states all 100-year storm water will be retained on site. Page 17-flood control, states "development of property will include provisions to conduct storm water to these channels." This refers to moving storm water off -site where the next paragraph states the water will be retained on site. Page 21, the last paragraph refers to Palm Desert Waste and should be Waste Management of the Desert. His biggest concern is access. He concurs that three driveways are _too many and "something could be done to reconfigure this site. His concern is the left turn in for those going south on Adams Street. Most of the people living in there will be coming from Highway I I I and it does not appear there will be enough stacking. In Condition #28, why is phasing discussed as the project is to be built out with no phasing. This needs to be deleted. Condition #52, the last sentence does not make any sense and should be deleted. Condition #53, regarding access, the second sentence should be changed to left in, right in, right out. 19. Commissioner Butler asked if there was only one left turn lane. Commissioner Robbins stated yes. Commissioner Butler asked if this were increased to accommodate more cars would that be sufficient. Commissioner Robbins stated it should be increased to accommodate the number of cars that would be traveling through there at peak times. 414 3 C:\My Documents\WPDOCS\PC7-27-99.wpd 7 Planning Commission Minutes July 27, 1999 20. Commissioner Butler stated that in regard to the elimination of the middle driveway which gives access to the sales office and parking for the recreation building, he presumes this will also provide guest parking, as there are only two spaces per unit. He cannot see how it will work without making the problem greater. Commissioner Robbins stated guest parking is to be on -site. You may have to move the remaining driveway(s) or the retention basin, but they can retain the same amount of volume while deleting one driveway. 21. Commissioner Butler asked if the bus turnout could be moved if the applicant paid for it. Staff stated it is written as a recommendation for amenities, it is not a requirement as Sunline Transit has not identified a need for one to be installed. 22. Commissioner Tyler stated that in regard to the third driveway, the Commission is to uphold City documents that control the City, one being the General Plan and it specifically states the City shall restrict individual access on Major and Primary Arterials wherever possible. This section of Adams Street is a Primary Arterial and if the Commission is doing its job, he does not understand how they can approve three driveways for this one tract. The same situation applies to the southern driveway. The Circulation Plan states that for a Primary Arterial you will have a signalized intersection or right in/right out only. It does not give an option. There may be a desire to have this to eliminate a signal, but can the Commission waive the General Plan requirements without a_General Plan Amendment. City Attorney Dawn Honeywell stated she was not sure they were asking for them to be waived. There needs to be clarification as to what the General Plan requires. She assumes the staff report makes a finding for consistency with the General Plan requirements. Commissioner Tyler stated his position was that if they are in direct opposition to the General Plan, how can we be in compliance. 23. Commissioner Tyler stated that in the noise study it states mechanical ventilation shall be installed on the units facing Adams Street to meet City Noise Ordinance; what is a mechanical ventilation unit. Staff stated they would have to talk with the noise consultant. Ms. Hemphill stated this was written by a consultant and regardless of what it is, the units will all have central air conditioning. 24. Commissioner Tyler stated the staff report states the developer is to be given relief from paying parkland fees and in the Specific Plan it states the developer will pay the fees. City Attorney Dawn Honeywell stated she assumes they are reading the City's Subdivision Ordinance which states that if they are not subdividing the property into more than five parcels they are C:\My Documents\WPDOCS\PC7-27-99.wpd 8 Planning Commission Minutes July 27, 1999 not required to pay the fees. Commissioner Tyler stated it does not say this, it states generally which gives the City latitude to impose or not impose. Discussion followed regarding the parkland fees. 25. Commissioner Tyler questioned Page 18 of the Specific Plan regarding a statement that has to do with the availability of electricity being run to support the CVWD well site. His question is what happens if the timing is such that this project needs electricity and CVWD hasnot gotten around to developing that site. Commissioner Robbins stated the CVWD will install the power when a well site is constructed. If the development goes first and CVWD has not, they will have to put it in or wait for CVWD to install it. The developer will work with power companies to meet the demand. 26. Commissioner Butler stated the property owner to the north has a valid point in regard to the grade differential and - it needs to be resolved by this applicant, the property owner to the north, and the City. 27. Chairman Kirk stated what may have been lost in the discussion so far, is that this is a good project on a better site and he applauds the applicant on the design. There are some significant issues to be resolved regarding traffic and grading and asked staff about the stacking issues; what are projections for a left turn in. Senior Engineer Steve Speer stated a traffic study has been completed and staff has an anticipation of what the turning movements will be going southbound and making the left turn in. There is enough room to create a significant left turn pocket. He then went on to explain the traffic flow on Adams street. What staff is trying to do in the General Plan is to cut down on the number of signals that cause delays on Arterial streets to allow residents to get around in an efficient manner. The most dangerous movement on a site is the left turn out lane. They have to cross two or three lanes of traffic and enter the fast lane. By restricting the left turn out, you cut out the; need for a signal. 28. Commissioner Tyler asked if Lake La Quinta had a full turn access. Staff stated it is. Commissioner Tyler asked if 47' Avenue will have a signal. Staff stated it is a "T" intersection right now but when the auto mall is built out it will extend the fourth leg to the intersection and it may be signalized in the future. 29. Chairman Kirk asked about the number of entrances into the site as it appears to be an issue. 30. Commissioner Robbins stated it should be an easy design change for the applicant. it 4 >; f ! C3 C\My Documents\WPDOCS\PC7-27-99.wpd 9 Planning Commission Minutes July 27, 1999 31. Commissioner Kirk noted the previous project on 47' Avenue had only one entrance and they were able to accommodate multiple purposes. He asked the applicant if staff were to eliminate the one entrance, would it cause them a problem? Ms. Hemphill stated they would rather have it, but if that is a concern of the Commission, they will accommodate it. 32. There being no further discussion, it was moved and seconded by Commissioners Tyler/Abels to adopt Planning Commission Resolution 99- 058 certifying an Initial Study/EIR Addendum for Environmental Assessment 99-385. ROLL CALL: AYES: Commissioners Abels,Butler, Robbins, Tyler and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 43. There being no further discussion, it was moved and seconded by Commissioners Tyler/Robbins to adopt Planning Commission Resolution 99- 059 recommending approval of Specific Plan 99-037, as modified: a. Specific Plan Text Amendment Conditions of Approval changes: 1. Parkland fee shall be required for this project (deleted staff's comments). 2. Exhibits 5 and 9: If a grade differential between properties is less, the developer shall work with City staff to reduce the height of the retaining wall. 3. Page 13 Section 2.10.3: delete the second sentence. 4. Page 17, Section 2.40.3: delete the third sentence. 5. `' Page 21, Section 2.50.4: change Palm Desert Waste Management to Waste Management of the Desert. ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 6. There being no further discussion, it was moved and seconded by Commissioners Butler/Tyler to adopt Planning Commission Resolution 99- 060 recommending approval of Site Development Permit 99-654, as modified: a. Condition #28 deleted. b. Condition #52 - delete the last sentence. C. Condition #53 - change left out to right in. d. Condition #71 - applicant to work with staff to provide appropriate size of landscaping planters to not conflict with turning movements into and out of garages at the northeast and southeast corners of the property. C:\My Documents\WPDOCS\PC7-27-99.wpd 10 064 Planning Commission Minutes July 27, 1999 e. Condition #84 - the street width is subject to Fire Department approval. f. Add new condition: requiring the middle driveway to be eliminated. ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. C. Specific Plan 94-026 - First Time Extension; a request of Travertine Corporation for approval of a time extension of development standards and design guidelines for master planned community of 2,300 dwelling units, 500 room hotel and other commercial uses oriented around two 18-hole golf courses on 909.2 acres for the property located on the south side of 60" Avenue, north of 64" Avenue and west of Madison Street. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff reports, copies of which are on file in the Community Development Department. Staff noted an additional condition was being recommended regarding golf cart access across Jefferson Street. Recreation amenities. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler questioned the page, numbering on Condition #3 on Page 7 of the staff report, Staff stated it would be corrected. Commissioner Tyler questioned Item #7 on Page 7 of the staff report in that all the areas suggest an addition of another condition for various types of homes and under the Villas development standard, #15 is added which pertains to any residential development shall be subject to review by the Planning Commission, but the Villas permitted use includes some nonresidential uses and he is wondering what review they will be required to go through. Staff stated commercial uses would be added. Commissioner Tyler questioned Page III-9 and asked if the Villa development only occurs in the VR-1 and VR-2 areas. Staff stated this is their proposal. Commissioner Tyler questioned Page III-212 of the Specific Plan where it describes the permitted uses of the commercial zones. It lists 65 potential uses and none of which are applicable to this type of development and wouldn't it be better to delete this portion and refer only to what the Zoning Codes allows for commercial development. Staff stated this is recommended and contained in Condition #9. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. John Galvin, Winchester Development Company, representing the applicant, stated they had received the proposed condition regarding the tunnel and would like to request the additional wording "as necessary" and then they would have no objection. If a golf cart needs to cross Jefferson Street, they will provide the CAMy Documents\WPDOCS\PC7-27-99.wpd 1 1 4i (-65 EHE Fa :: ;'E !) (1'_1!J;' Hi_t l �TZ:7 / 1 S'ELZZ.ER. EALY, HEMPHILL & BLASDEL, LLP j A searsrEMP UMITED U. tettnr r4rrvF23rur 8 ATTORNEYS AT LAw jj� FALL T. SFAf.VrR 777 E. TAUQL!f7Z CW -YON 0AY, SVIM 32S W. CURT EALY FA ti SPR146S, CALIF01071 P262 E`%7LY PERRI HE34PHILL TJF PITOA1E (760) 320-5977 M4,YE C. SLhSOnf, F.ACSMILE (760) 32,74.5,77 Rndrr's E-AUU: E11HEMPHILLGAOI XOSI Dawn HoneviNelI City Attorney City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Re: Spanos project Dear Dauwrl: August 3, 1999 We are hereby requesting that all matters related to the Avetine Project be continued to the nest City' Counsel meeting in order to provide adequate time to fully review all dociuncilts related thereto_ Thank you for your cooperation in this matter EPHJ ld Dictated but not read. cc: Ray Hanes EPH72958_OM Sincerely, ,J Emily Perri Hemplvll Selzer, Ealy, Hemphill & Blasdel. LLP 214 06-03-99 12:01 RECEIVED FROM:7603209507 P-02 T4t!t 4 4Qur«rw AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: August 3, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Public Hearing on Tentative Tract Map 29306, a PUBLIC HEARING: Request for Approval of a Residential Subdivision of 75 Lots and Other Common/Miscellaneous Lots on 26.4 Acres Located on the South Side of Avenue 48, approximately 500 feet East of Dune Palms Road in Rancho La Quinta. Applicant: T. D. Desert Development Adopt a Resolution of the City Council approving Tentative Tract Map 29306, subject to the Findings and Conditions of Approval. FISCAUNRI LCATIQNS: None. C_HARTER.CITY IMPLI1C—A_TS?WS: None. BACIKG-OUNIZAND OVERVIEW: In 1984, the City Council approved Specific Plan 84-004 (The Grove) and certified Environmental Impact Report #90 allowing a mixed use development of up to 1,500 houses, two championship 18-hole golf courses and tourist commercial uses on approximately 682 acres bounded by Washington Street, Jefferson Street, 50th Avenue, and 48th Avenue. Since 1993, several tentative tracts have been approved and recorded under SP 84-004, and it is estimated that 371 houses exist at this time with 83 under construction adjacent to the existing 18-hole golf course on the west portion of the country club. A STCCTr29306 - 35 Specific Plan 84-004 was amended on May 19, 1998, by adoption of City Council Resolution 98-47, permitting 1,414 single family houses surrounding two 18-hole golf courses and other Tourist Commercial activities. On June 1, 1999, the City Council adopted Resolution 99-73 approving a third amendment to SP 84-004 that reduced the amount of Tourist Commercial acreage from 40 to 10, and number of residential units to 1,300 (see Attachment 1). This amendment also modified the on -site street system, various graphic exhibits, and tables. The proposed subdivision is part of easterly Phase III of the Specific Plan which designates 768 residential units on 355 acres. The site has been graded for development and connects with existing infrastructure improvements to the west in Tract 27835. The adjacent Jerry Pate golf course is presently under construction. Project Request This map proposes 75 single family lots, common lots, and private streets lots along the two cul-de-sac streets on 26.4 acres (see Attachment 2). The single family lots range in size from approximately 8,889 square feet (Lot 24) to more than 19,479 square feet (Lot 59) and back up to the future golf course. Lots have typical frontages of 50 feet or more on Street Lot "B" and 70 feet or more on Street Lot "A". Several flag lots are proposed at the southern terminus of Street Lots "B" and "C". Detached houses are planned for this tract. Access to the tract will be from the extension of Rancho La Quinta Drive (i.e., Lot "A") to the west of the site. Lot 77, fronting onto 48'h Avenue and future Rancho La Quinta Drive, is a golf maintenance facility lot (0.54 acres) for development of a 13,400 square foot building and parking lot pursuant to approved Site Development Permit 99-652. Lot 76 is a well site measuring approximately 1 96' by 124' (1.8 acres) located approximately 20.09 feet north of Street Lot "A" (Rancho La Quinta Drive). Public Notice: This request was advertised in the Desert Sun newspaper on July 23, 1999, and mailed to all property owners within 500 feet of the Tract boundaries. No written correspondence has been received. Any comments received will be distributed at the meeting. Public Agency Review: On May 20, 1999, the applicant's request was sent to public agencies for comment. All pertinent comments received have been incorporated into the Conditions of Approval. A STCCTr29306 - 35 Planning Commission Action The Planning Commission considered this request at its meeting of July 13, 1999, and by a 5-0 vote recommended approval by adoption of Resolution 99-052, subject to the recommended Conditions of Approval. A copy of the minutes is attached (see Attachment 3). Findings required to approve this request can be made and are contained in the attached Resolution. The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council approving Tentative Tract Map 29306, subject to Conditions of Approval; or 2. Do not approve the subdivision map request; or 3. Provide staff with alternative direction. Respectfully submitted, Jerry Herman, Commu ity Development Director Approved for Submission by: Thomas P. Genovese, City Manager Attachments: 1 . SP 84-004 Location Map 2. Tract Map Exhibit 3. July 13, 1999 Planning Commission Minutes (Excerpt) 4. Large Tract Map Exhibit (City Council only) nr J 1. A STCCTr29306 - 35 V r,' RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 29306 TO ALLOW A 75- LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION AND OTHER COMMON AND MISCELLANEOUS LOTS ON APPROXIMATELY 26.4 ACRES IN RANCHO LA QUINTA CASE NO.: TENTATIVE TRACT MAP 29306 APPLICANT: T. D. DESERT DEVELOPMENT WHEREAS, the City Council of the City of La Quinta, California, did on the 3`d day of August, 1999, hold a duly noticed Public Hearing for the subdivision of 26.4 acre site into 75 single family and other common lots, located on the south side of 48th Avenue, 500-feet east of Dune Palms Road, more particularly described as: A portion of Parcels 12, 14, 15, 18 and 19 of Parcel Map 20469 as filed in Book 140 of Maps on Pages 95-100 inclusive, County of Riverside, State of California; N'h of Section 32, T5S, R7E, SBBM WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 13" day of July, 1999, hold a duly noticed Public Hearing for the above noted subdivision of 26.4 acre site into 75 single family and other common lots, and adopted Resolution 99-052 on a 5-0 vote recommending approval, subject to conditions; WHEREAS, said map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that an Environmental Impact Report was certified for Specific Plan 84-004 (The Grove) in 1984, for the overall development of the Rancho La Quinta development. The project is exempt from the California Environmental Quality Act per Public Resources Government Code Section 65457(A). No changed circumstances or conditions exist which would trigger the preparation of a subsequent EIR pursuant to Public Resources Code Section 21 166; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following Mandatory Findings: 1j RESO CC T29306 - 35 0 l Resolution 99- Tentative Tract Map 29306 T. D. Desert Development A. The proposed map is consistent with the City of La Quinta General Plan and any applicable specific plans. The project is a Low Density Residential (LDR) District per the provisions of the General Plan Update allowing a density of 2 to 4 units per acre; therefore, provisions of Land Use Element (Chapter 2) are met. Specific Plan 84-004 (Amendment #3) designates the site as residential and golf course which permits single family dwellings and golf related facilities. Tentative Tract Map 29306 is consistent with the goals, policies and intent of the La Quinta General Plan and Specific Plan 84-004 provided conditions contained herein are met to ensure consistency with the General Plan, Specific Plan and mitigation of environmental consequences pursuant to Final Environmental Impact Report #90 (Addendum). B. The design, or improvement of, the proposed subdivision is consistent with the La Quinta General Plan and any applicable specific plans. All designs of streets and infrastructure improvements in the project conform to City standards contained in the General Plan and Subdivision Ordinance as designed. Access for the single family lots will be provided from internal streets planned under this tract and Tract 27835. The density and design standards for the tract will comply with the Land Use Element of the General Plan (Chapter 2) and the Specific Plan. C. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage, or substantially injure fish or wildlife, or their habitat. The subject site is graded and is physically suitable for the proposed land division. This project will not cause substantial environmental damage or injury to fish or wildlife, or their habitat because mitigation measures were completed at the time the site was rough graded as required by SP 84-004, EIR No. 90 (Addendum), and Parcel Map 20469. D. The design of the subdivision, or type of improvements, are not likely to cause serious public health problems. The design of the subdivision, as conditionally approved, will not cause serious public health problems because they will install urban improvements based on City, State, and Federal requirements, and Specific Plan 84-004. E. The design of the subdivision, or type of improvements, will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision. _ RESO CC T29306 - 35 1.1 tt,, _1- ' 5 � The proposed streets are planned to provide direct access to each single family lot. All required public easements will provide access to the site or support necessary infrastructure improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby reconfirm the conclusions of Final Environmental Impact Report No. 90 (Addendum); and, 3. That it does hereby approve Tentative Tract Map 29306 for the reasons set forth in this Resolution, subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 3`d day of August, 1999 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California RESO CC T29306 - 35 W Resolution 99- Tentative Tract Map 29306 T. D. Desert Development APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 41 j (7 RESO CC T29306 - 35 RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29306, T. D. DESERT DEV. AUGUST 3, 1999 GENERAL 1. The subdivider agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this tentative map or any final map thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 2. This tentative map and any final maps thereunder shall comply with the requirements and standards of § § 66410 through 66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC). This approval shall expire and become null and void on August 3, 2001, unless an extension of time is granted according to the requirements of Section 13.12.150 of the Subdivision Ordinance. 3. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the CWQCB acknowledgment of the applicant's Notice of Intent prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. A:ACond CC TT29306RanchLQ.wpd - 35 Page 1 of 11 4. The applicant shall comply with the terms and requirements of the infrastructure fee program in effect at the time of issuance of building permits. PROPERTY RIGHTS 5. Prior to approval of a final map, the applicant shall consolidate or reconfigure underlying lots and parcels so that none are reduced to an illegal size or shape by the overlay of this map. 6. Prior to approval of a final map, the applicant shall acquire or confer easements and other property rights required of the tentative map or otherwise necessary for construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction, and reconstruction of essential improvements. 7. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 8. Dedications or grants required of this development include: A. Lots A & D (Private Collectors): 37 feet B. Lots B & C (Private Culs de Sac): 37 feet with 45.5-foot bulb radius. C. Flood easements to CVWD for all areas below the elevation of 50.00 feet which are not drainage isolated (to elevation 50.00) from the La Quinta Evacuation Channel. 9. Right of way geometry for cuts de sac, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 10. The applicant shall dedicate ten -foot public utility easements contiguous with and along both sides of all private streets. The easements may be reduced to five feet with the express concurrence of IID. 11 . The applicant shall create a 20-foot perimeter setback along Avenue 48. The 20-foot minimum depth may be used as an average depth for meandering wall designs. The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. yJi.3 0'' A:\Cond CC rT29306RanchLQ.wpd - 35 Page 2 of 11 Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall dedicate blanket easements for those purposes. 12. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, mailbox clusters and common areas. 13. The applicant shall vacate abutter's rights of access to Avenue 48 except for the 30- foot driveway centered approximately 35 feet west of the most easterly boundary of Lot 77. 14. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 15. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval of this tentative map by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. FINAL MAROS) AN PARCEL MAP(S) 16. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. As used throughout these conditions of approval, professional titles such as "engineer," "surveyor," and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 17. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." Precise grading plans shall have signature blocks for Community Development Director and the Building Official. All other plans shall have signature blocks for the City Engineer. Plans are not approved for construction until they are signed. 4Ji 0y0 A:Tond CC TT29306Ranch LQ.wpd - 35 Page 3 of 11 "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, entry drives, gates, and parking lots. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and entry monuments. "Precise Grading" plans shall normally include perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 18. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 19. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as - constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. IMPROVEMENT -AGREEMENT 20. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 21. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, development -wide improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. rt.l� U A:\fond CC TT29306RanchLQ.wpd - 35 Page 4 of 11 22. If improvements are phased with multiple final maps or other administrative approvals (e.g., a Site Development Permit), off -site improvements and common improvements (e.g., perimeter walls & landscaping, common lots and entry gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 23. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan or in an improvement agreement, the City shall have the right to halt issuance of building permits or final building inspections, withhold other approvals related to the development of the project or call upon the surety to complete the improvements. GRADING 24. This development shall comply with Chapter 8.11 of the LQMC (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish certifications as required by FEMA that the above conditions have been met. 25. The applicant shall furnish a preliminary geotechnical ("soils") report and a grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. The plan must be approved by the City Engineer prior to issuance of a grading permit. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 26. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 27. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract or parcel map, but not sharing common street frontage, where the differential shall not exceed five feet. If compliance with this requirement is impractical, the City will AACond CC TT29306RanchLQ.wpd - 35 Page 5 of 11 consider and may approve alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 28. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, LQMC. The Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 29. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 30. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. DRAINAGE 31 Stormwater handling shall conform with the approved hydrology and drainage plan for Rancho La Quinta. Nuisance water shall be disposed of in an approved manner. 32. If the applicant proposes discharge of stormwater to the La Quinta Evacuation Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's effluent which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to issuance of any grading, construction or building permit and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the CC&Rs for meeting these potential obligations. �� ,, 1 013 A V 1 A:\Coed CC TT29306RanchLQ.wpd - 35 Page 6 of 11 UTILITIES 33. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 34. Existing overhead lines and all proposed utilities within or adjacent to the proposed development shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. 35. Utilities shall be installed prior to overlying hardscape. For installation of utilities in existing, improved streets, the applicant shall comply with trench restoration requirements maintained or required by the City Engineer. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. STRE-ETAND T F IC_IMP_RO-V M_ENTS 36. The City is contemplating adoption of a major thoroughfare improvement program. Any property within this specific plan which has not received final development approval when the program takes effect may be subject to the program as determined by the City. 37. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses. (Public street improvements shall conform with the City's General Plan in effect at the time of construction.) A. OFF -SITE STREETS 1) Avenue 48 and Avenue 50 Pro Rata Reimbursement - The applicant shall remunerate the City for this Tentative Tract's pro-rata share of Avenue 48 and Avenue 50 improvements as required by Specific Plan 84-004. 2) Construct six-foot meandering sidewalk along Avenue 48. B. ON -SITE PRIVATE STREETS 1) Lots A & D (Private Collectors) - 36 feet between curbfaces. 2) Lots B & C (Private Culs de Sac) - 36 feet between curbfaces, 45-foot curb radius on cul de sac bulbs. A:\fond CC TT29306RanchLQ.wpd - 35 Page 7 of 11 38. Improvements shall include appurtenances such as traffic control signs, markings and other devices; street name signs and sidewalks. Mid -block street lighting is not required. 39. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 40. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 41. Culs de sac, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #800/800a, #801 and #805 respectively unless otherwise approved by the City Engineer. 42. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. If a wedge curb design is approved, the lip at the flowline shall be vertical (1 /8" batter) and a minimum of 0.1 ' in height. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 43. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" 44. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. U 415 A:ACond CC TT29306RanchLQ.wpd - 35 Page 8 of 11 45. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the tract or when directed by the City, whichever comes first. W.e\ 11M41_1,1>•[�7 46. The applicant shall provide landscaping in required setbacks and common lots, and park areas. 47. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect and comply with Chapter 8.13 of the Municipal Code. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 48. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. 49. Front yard landscaping for future houses shall consist of a minimum of two shade trees 0.5-inch and larger caliper size) and 10 five gallon shrubs. Three additional shade trees (1 .0-inch caliper) shall be required for corner lots houses. All trees shall be double staked to prevent wind damage. PUBLIC SERVICES 50. The applicant shall provide public transit improvements as required by Sunline Transit and/or the City. QUALITY ASSURANCE 51. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. bo 13i A:\fond CC TT29306Ranch LQ.wpd - 35 Page 9 of 1 I 52. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 53. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans, specifications and applicable regulations. 54. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all improvement plans which were signed by the City Engineer and the precise grading plans. Each sheet shall be clearly marked "Record Drawings," "As - Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster -image files previously submitted to the City to reflect as -constructed conditions. MAINTF-NANCE 55. The applicant shall make provisions for continuous, perpetual maintenance of all on - site improvements, perimeter landscaping, access drives, and sidewalks. The applicant shall maintain required public improvements until they are accepted by the appropriate public agency. FEES_ AND DEPOSITS 56. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 57. Plan check fees required by the Riverside Country Fire Department shall be paid when plans are submitted for review and approval. mi i w_j i>i im 58. Fire hydrants in accordance with Coachella Valley Water District Standard W-33 shall be located at each street intersection spaced not more than 330 feet apart in any direction with no portion of any lot frontage more than 165 feet from a fire hydrant. Minimum fire flow shall be 1,000 g.p.m. for a 2-hour duration at 20 psi. Blue dot reflectors shall be mounted in the middle of streets directly in line with fire hydrants. 59. Applicant/developer will provide written certification for the appropriate water company that the required fire hydrant(s) are either existing or that financial arrangements have been made to provide them. A:\fond CC TT29306RanchLQ.wpd - 35 Page 10 of 11 60. Prior to recordation of the final map, applicant/developer shall furnish one blueline copy of the water system plans to the Fire Department for review/approval. Plans shall conform to the fire hydrant types, location and spacing, and the system will meet the fire flow requirements. Plans will be signed and approved by the registered Civil Engineer and the local water company with the following certification: V certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 61. The required water system including fire hydrants will be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. 62. A temporary water supply for fire protection may be allowed for the construction of the model units only. Plans for a temporary water system must be submitted to the Fire Department for review prior to issuance of building permits. MISCELLANEOUS 63. All public agency letters received for this case are made part of the case file documents for plan checking purposes. 64. Applicable conditions of Specific Plan 84-004 as amended shall be met prior to building permit issuance. 65. The layout and design of the permanent tract access gates shall be approved by -the Community Development Department after review and approval by the Fire Department. 66. This tract shall be annexed into the Rancho La Quinta Homeowners' Association (HOA) ensuring maintenance of common open space, perimeter landscaping, private roads, security, and architectural consistency pursuant to the requirements of Specific Plan 84-004. CUc A:Afond CC TT29306RanchLQ.wpd - 35 Page 11 of 11 Frq r� .J cc Jefferson St. it 1 J cc 0" E Q 0 C7 m R U C7 ,• d J Q i Z �..��..� vO�CpO o •}S ❑048uir SU a ig 2 's ERIlia 9 1119. Y e.�� t9zy�Q� ' 1 P a�li 1°`¢•33pe Z ������ J����7�4 L5 > imlefm iY`i IN P' $Y c•C!'-�•E.a� °° �LYV 11 ,uy ` =t ,`tpj �ls HIN F{{ 9;z - •� , a, {a ■`1`'Y 4R1'B YENOET_ _ 1 EOel @ pp� • 34LL of � ? Y e�■S 32: ` �--� -------,—. � - _- T ; \ E• Rya — GUUi'LA DR(yY 'i as9 / ) y ENf I,�.r�� S. F'Q 0.�y IX xx a 1. �. _ — , Attachment 3 Planning Commission Minutes July 1.3, 1999 V. PUBLIC HEARINGS: Chairman Kirk opened the Public Hearings and asked if there was any objection to combining Public Hearings "A" and "B" and Public Hearings "C" "D" and "E". There being no objection, he asked for the staff report for Items "A" and "B". A. Tentative Tract Map 29283; a request of T. D. Desert Development for a recommendation of approval to subdivide 23 acres into 59 residential and other common lots located at the northwest corner of 50`h Avenue and Orchard Lane (extended) within Rancho La Quinta. B. Tentative Tract 29306; a request of T. D. Desert Development for a recommendation of approval to subdivide 26.4 acres into 75 residential and other common lots for the property located on the south side of 48`h Avenue and east of Dune Palms Road within Rancho La Quinta Country Club. 1. Planning Manager Christine di Iorio presented the information contained in the staff reports, copies of which are on file in the Community Development Department. 2. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Grady Sparks stated he was available to answer any questions. 3. There being no questions of the applicant, Chairman Kirk asked if anyone else would like to address the Commission on this project. 4. There being no further discussion, Chairman Kirk closed the public participation of the hearing and opened the issue for Commission discussion. 5. Commissioner Robbins asked that Condition #33 and #36 on Item B be corrected. 6. Commissioner Tyler questioned Condition #8.C. on Tentative Tract 29283 concerning street widths. Senior Engineer Steve Speer clarified that Lot "B" in Condition #8.C. is a single loaded street and the applicant is requesting a 33-foot wide street whereas the other street is 36-feet wide with parking on both sides. Staff has written the condition to allow them to reduce the street width to 29 feet if parking is eliminated. 7. Commissioner Tyler asked that Condition #44 be deleted. CAMy Documents\WPDOCS\PC7-13-99.wpd 2 Planning Commission Minutes July 13, 1999 8. There being no further discussion, it was moved and seconded by Commissioners Abels/Butler to adopt Planning Commission Resolution 99- 051 recommending to the City Council approval of Tentative Tract Map 29283 subject to the Findings and Conditions of Approval as modified. ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 9. There being no further discussion, it was moved and seconded by Commissioners Abels/Butler to adopt Planning Commission Resolution 99- 052 recommending approval of Tentative Tract Map 29306, as modified: a. Condition #44 deleted. ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. Chairman Kirk asked for the staff report for Items " ", and "E". C. Tentative Tract 29347; a re KSL Land Corporation for recommendation for approval to subdivide cres into 39 single family lots, a golf course lot and miscellaneous lot ed on the west side of Monroe Street, north of Airport Boulevard, w' e Norman Golf Course at PGA West. D. Tent act 29348; a request of KSL Land Corporat' r recommendation for a 1 to subdivide 19.3+ acres into 58 single f s, located on the north side irport Boulevard, midway between Madiso t and Monroe Street within the Norman Golf Course at PGA West. E. Tentative Tract 29349; a request 2,floPrLand Corporation for recommendation for approval to subdivide 32+ a to 92 single family lots, a golf course lot d miscellaneous lots locate e north side of Airport Boulevard, east of son Street within the No olf Course at PGA West. 1. Princi Inner Stan Sawa presented the information c ned in the staff rejj$W, copies of which are on file in the Co ity Development Department. 2. Chairman Kirk asked if there were estions of staff. Commissioner Robbins asked staff to explaijOVState Approved Golf Cart Plan. Commissioner Butler asked staN to explain where the tunnel would be constructed. Senior Engineer Steve Speer stated that if the City wanted to pursue golf cart lanes and crossing on City streets similar to what has been ( A. 0 21 3 CAMy Documents\WPDOCS\PC7-13-99.wpd 3 T4ht 44Q" COUNCIL/RDA MEETING DATE: August 3, 1999 ITEM TITLE: Public Hearing on Tentative Tract Map 29283, a Request for Approval of a Residential Subdivision of 59 Lots and Other Common Lots on 23.0 Acres Located at the Northwest Corner of Avenue 50 and Orchard Lane in Rancho La Quinta. Applicant: T. D. Desert Development AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 3— Adopt a Resolution of the City Council approving Tentative Tract Map 29283, subject to the Findings and Conditions of Approval. None. UAW • None. D rIIrZ•1TUMII In 1984, the City Council approved Specific Plan 84-004 (The Grove) and certified Environmental Impact Report #90 allowing a mixed use development of up to 1,500 houses, two championship 18-hole golf courses and tourist commercial uses on approximately 682 acres bounded by Washington Street, Jefferson Street, 50' Avenue, and 48th Avenue. Since 1993, several tentative tracts have been approved and recorded under SP 84-004, and it is estimated that 371 houses exist at this time with 83 under construction adjacent to the existing 18-hole golf course on the westerly portion of the country club. A STCCTr29283 - 35 Specific Plan 84-004 was amended on May 19, 1998, by adoption of City Council Resolution 98-47, permitting 1,414 single family houses surrounding two 18-hole golf courses and other Tourist Commercial activities. On June 1, 1999, the City Council adopted Resolution 99-73 approving a third amendment to SP 84-004 that reduced the amount of Tourist Commercial acreage from 40 to 10, and number of residential units to 1,300 (see Attachment 1). This amendment also modified the on -site street system, various graphic exhibits, and tables. The proposed subdivision is part of easterly Phase III of the Specific Plan which designates 768 residential units on 355 acres. The site has been graded for development and connects with improvements planned for Tract 28912 to the west. Project Request This map proposes 59 single family lots, amenity/common lots, and private streets lots (i.e., Lots "A" thru "F") on 23 acres (see Attachment 2). The single family lots range from approximately 8,699 square feet (Lot 56) to more than 27,300 square feet (Lot 47) and back up to existing and under construction golf course fairways. Three flag lots are proposed at the northern terminus of Via Conquistador. Lot "G" (0.6 acres) is a proposed well site located at the southeast corner of the tract abutting 501h Avenue. Access to the tract will be from Lot "C" at 50th Avenue and future connections within Rancho La Quinta via Montana Way, Mission Drive East and Via Katalina. Detached houses are planned for this tract. Public Notice: This request was advertised in the Deserun newspaper on July 23, 1999, and mailed to all property owners within 500 feet of the Tract boundaries. No written correspondence has been received. Any comments received will be distributed at the meeting. Public Agency Review: On May 20, 1999, the applicant's request was sent to public agencies for comment. All pertinent comments received have been incorporated into the Conditions of Approval. Planning Commission Action The Planning Commission considered this request at its meeting of July 13, 1999, and by a 5-0 vote recommended approval by adoption of Resolution 99-051, subject to the recommended Conditions of Approval. A copy of the minutes is attached (see Attachment 3). Al3 0 2 A STCCTr29283 - 35 IN t Findings required to approve this request can be made and are contained in the attached Resolution. The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council approving Tentative Tract Map 29283, subject to Conditions of Approval; or 2. Do not approve the subdivision map request; or 3. Provide staff with alternative direction. Respectfully submitted, � 61 t Jerry Herman, Com unity D velopment Director Approved for Submission by: Thomas P. Genovese, City Manager Attachments: 1 . SP 84-004 Location Map 2. Tract Map Exhibit 3. July 13, 1999 Planning Commission Minutes (Excerpt) 4. Large Tract Map Exhibit (City Council only) A STCCTr29283 - 35 d j ZA 0 3 RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 29283 TO ALLOW A 59- LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION AND OTHER COMMON/MISCELLANEOUS LOTS ON APPROXIMATELY 23 ACRES IN RANCHO LA QUINTA CASE NO.: TENTATIVE TRACT MAP 29283 APPLICANT: T. D. DESERT DEVELOPMENT WHEREAS, the City Council of the City of La Quinta, California, did on the 3d day of August, 1999, hold a duly noticed Public Hearing for the subdivision of 23 acre site into 59 single family and other common lots, located at the northwest corner of 50th Avenue and Orchard Lane, more particularly described as: A portion of Parcels 6, 7, 10, 11, 13, and 14 of Parcel Map 20469 as filed in Book 140 of Maps on Pages 95-100 inclusive, County of Riverside, State of California; SW 1 /4 of Section 32, T5S, R7E, SBBM WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 13th day of July, 1999, hold a duly noticed Public Hearing for the subdivision of 23 acre site into 59 single family and other common lots, and on a 5-0 vote adopted Resolution 99-051 recommending approval, subject to conditions; and WHEREAS, said map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that an Environmental Impact Report was certified for Specific Plan 84-004 (The Grove) in 1984, for the overall development of the Rancho La Quinta development. The project is exempt from the California Environmental Quality Act per Public Resources Government Code Section 65457(A). No changed circumstances or conditions exist which would trigger the preparation of a subsequent EIR pursuant to Public Resources Code Section 21 166; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following Mandatory Findings: A. The proposed map is consistent with the City of La Quinta General Plan and any applicable specific plans. A RESO cc TT29283 - 35 0 4 Resolution 99- Tentative Tract Map 29283 T. D. Desert Development The project is a Low Density Residential (LDR) District per the provisions of the General Plan Update allowing a density of 2 to 4 units per acre; therefore, provisions of Land Use Element (Chapter 2) are met. Specific Plan 84-004 (Amendment #3) designates the site as residential which permits single family dwellings. Tentative Tract Map 29283 is consistent with the goals, policies and intent of the La Quinta General Plan and Specific Plan 84-004 provided conditions contained herein are met to ensure consistency with the General Plan, Specific Plan and mitigation of environmental consequences pursuant to Final Environmental Impact Report No. 90 (Addendum). B. The design, or improvement of, the proposed subdivision is consistent with the La Quinta General Plan and any applicable specific plans. All designs of streets and infrastructure improvements in the project conform to City standards contained in the General Plan and Subdivision Ordinance. Access for the single family lots will be provided from internal streets planned under this tract and Tract 28912. The density and design standards for the tract will comply with the Land Use Element of the General Plan (Chapter 2) and the Specific Plan. C. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage, or substantially injure fish or wildlife, or their habitat. The subject site is graded and is physically suitable for the proposed land division. This project will not cause substantial environmental damage or injury to fish or wildlife, or their habitat because mitigation measures were completed at the time the site was rough graded as required by SP 84-004, EIR No. 90 (Addendum), and Parcel Map 20469. D. The design of the subdivision, or type of improvements, are not likely to cause serious public health problems. The design of the subdivision, as conditionally approved, will not cause serious public health problems because they will install urban improvements based on City, State, and Federal requirements, and Specific Plan 84-004. E. The design of the subdivision, or type of improvements, will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision. RESO cc TT29283 - 35 The proposed streets are planned to provide direct access to each single family lot. All required public easements will provide access to the site or support necessary infrastructure improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby reconfirm the conclusions of Final Environmental Impact Report No. 90 (Addendum); and, 3. That it does hereby approve Tentative Tract Map 29283 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 3`d day of August, 1999 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, City Cler City of La Quinta, California RESO cc TT29283 - 35 U Resolution 99- Tentative Tract Map 29283 T. D. Desert Development APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California RESO cc TT29283 - 35 1 + RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29283, T. D. DESERT DEV. AUGUST 3, 1999 GENERAL The subdivider agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this tentative map or any final map thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 2. This tentative map and any final maps thereunder shall comply with the requirements and standards of § § 66410 through 66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC). This approval shall expire and become null and void on August 3, 2001, unless an extension of time is granted according to the requirements of Section 13.12.150 of the Subdivision Ordinance. 3. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the CWQCB acknowledgment of the applicant's Notice of Intent prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. E AACond CC TT29283RanchLQ.wpd -36 Page 1 of 13 4. The applicant shall comply with the terms and requirements of the infrastructure fee program in effect at the time of issuance of building permits. PROPERTY_R1G—H- TS 5. Prior to approval of a final map, the applicant shall acquire or confer easements and other property rights required of the tentative map or otherwise necessary for construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction, and reconstruction of essential improvements. 6. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 7. Dedications or grants required of this development include: A. Avenue 50: 50-foot half of 100-foot right of way B. Lot A (Via Conquistador) - Private Cul de Sac: 37 feet with 45.5-foot radius at bulb. C. Lot B - Private Street: 37-foot width. Width may be reduced to 33 feet with parking restricted to one side prohibited provided there is adequate off-street parking for residents and visitors and the applicant provides for perpetual enforcement of the restrictions by the homeowners association. D. Lot C - Shared Private Entry: 49 feet (applicant's share reducing to 24.5 feet at the confluence with neighboring tract's share of the right of way.) The applicant shall dedicate or grant an easement to the neighboring property over the shared portion of the entryway. The easement may be conditional upon receipt of the reciprocal easement from the neighboring property owner. E. The applicant shall grant flood easements to CVWD for all areas below the elevation of 50.00 feet which are not drainage isolated (to elevation 50.00) from the La Quinta Evacuation Channel. 8. Right of way geometry for cuts de sac, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. AXond CC TT29283RanchLQ.wpd -36 It u'j Page 2 of 13 9. Dedications shall include additional widths if necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 10. If the City Engineer determines that access rights to proposed street rights of way shown on the tentative map are necessary prior to approval of final maps dedicating the rights of way, the applicant shall grant interim easements over those areas within 60 days of written request by the City. 11 . The applicant shall dedicate ten -foot public utility easements contiguous with and along both sides of all private streets. The easements may be reduced to five feet with the express concurrence of IID. 12. The applicant shall create a 20-foot perimeter setback along Avenue 50. The 20-foot minimum depth may be used as an average depth for meandering wall designs. The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall dedicate blanket easements for those purposes. 13. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 14. The applicant shall vacate abutter's rights of access to Avenue 50. 15. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 16. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval of this tentative map by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. FINAL_L/I-P(-SJ-ADI_D-PARC,EL-MAP__(_S) 17. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. rx 010 A:Afond CC TT29283RanchLQ.wpd -36 Page 3 of 13 IMPROVEMENT�LANS As used throughout these conditions of approval, professional titles such as "engineer," "surveyor," and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 18. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." Precise grading plans shall have signature blocks for Community Development Director and the Building Official. All other plans shall have signature blocks for the City Engineer. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, entry drives, gates, and parking lots. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and entry monuments. "Precise Grading" plans shall normally include perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 19. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 20. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as - constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. IMPROVEMENT_ AGREEMENT 21. Depending on the timing of development of the lots or parcels created by this map and the status of off -site improvements at that time, the subdivider may be required to construct improvements, to reimburse others who construct improvements that are obligations of this map, to secure the cost of the improvements for future construction by others, or a combination of these methods. A:\fond CC' TT29283 Ranch LQ.wpd -36 Page 4 of 13 In the event that any of the improvements required herein are constructed by the City prior to approval of any final map pursuant to this tentative map, the Applicant shall, at the time of approval of the final map, reimburse the City for the cost of those improvements. 22. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 23. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, development -wide improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 24. If improvements are phased with multiple final maps or other administrative approvals (e.g., a Site Development Permit), off -site improvements and common improvements (e.g., perimeter walls & landscaping, common lots and entry gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 25. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan or in an improvement agreement, the City shall have the right to halt issuance of building permits or final building inspections, withhold other approvals related to the development of the project or call upon the surety to complete the improvements. 26. The applicant's obligations for portions of the required improvements may, at the City's option, be satisfied by participation in a major thoroughfare improvement program if this development becomes subject to such a program. Cs3 (il21 AXond CC TT29283RanchLQ.wpd -36 Page 5 of 13 G RA D_I N_G 27. This development shall comply with Chapter 8.11 of the LQMC (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish certifications as required by FEMA that the above conditions have been met. 28. The applicant shall furnish a preliminary geotechnical ("soils") report and a grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. The plan must be approved by the City Engineer prior to issuance of a grading permit. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 29. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 30. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract or parcel map, but not sharing common street frontage, where the differential shall not exceed five feet. If compliance with this requirement is impractical, the City will consider and may approve alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 31. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, LQMC. The Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 32. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 33. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, AXond CC TT29283Ranch LQ.wpd -36 013 Page 6 of 13 the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. DRAINAGE 34. Stormwater handling shall conform with the approved hydrology and drainage plan for Rancho La Quinta. Nuisance water shall be disposed of in an approved manner. 35. If the applicant proposes discharge of stormwater to the La Quinta Evacuation Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's effluent which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to issuance of any grading, construction or building permit and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the CC&Rs for meeting these potential obligations. UTILITIES 36. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 37. Existing overhead lines and all proposed utilities within or adjacent to the proposed development shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. 38. Utilities shall be installed prior to overlying hardscape. For installation of utilities in existing, improved streets, the applicant shall comply with trench restoration requirements maintained or required by the City Engineer. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. 39. The City is contemplating adoption of a major thoroughfare improvement program. Any property within this specific plan which has not received final development approval when the program takes effect may be subject to the program as determined by the City. A:ACond CC TT29283RanchLQ.wpd -36 011.1 Page 7 of 13 40. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses. (Public street improvements shall conform with the City's General Plan in effect at the time of construction.) A. OFF -SITE STREETS 1) Avenue 48 and Avenue 50 Pro Rata Reimbursement - The applicant shall remunerate the City for this Tentative Tract's pro-rata share of Avenue 48 and Avenue 50 improvements as required by Specific Plan 84-004. Unreimbursed improvements to Avenue 50 (required below) shall be a credit towards the contribution. 2) Avenue 50 (Primary Arterial) - Construct 38-foot half of a 76-foot improvement (between faces of outside curbs) plus six-foot sidewalk from the entry drive to Park Street. Construct the full landscape median subject to reimbursement from funds previously provided by developments on the south side of Avenue 50. If the City's currently -planned project to reconstruct the north side of Avenue 50 is completed, the applicant will not be required to replace that pavement but, after completion of the median and widening, shall overlay the full width of the pavement north of the median, slurry seal the full width south of the median and restripe as directed by the City Engineer. B. ON -SITE PRIVATE STREETS 1) Lot A (Via Conquistador) - 36 feet between curbfaces or flowlines, 45-foot curb radius on cul de sac bulb. 2) Lot B - 36 feet between curbfaces or flowlines. Width may be reduced to 32 feet for parking restricted to one side and 28 feet with on -street parking is prohibited if there is adequate off-street parking for residents and visitors and the applicant provides for perpetual enforcement of the restrictions by the homeowners association. 3) Lot C - (Entryway) - 16 feet between outside and median curbfaces plus half of the 8-foot median. Construct (if warranted) or secure 50% of the cost of a traffic signal on Avenue 50. This entry shall not be opened for use until the full improvement is constructed unless an interim configuration is approved by the City Engineer. �JU 015 A:\Coed CC TT29283Ranch LQ.wpd -36 Page 8 of 13 Turn knuckles, corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. 41. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs, and sidewalks. Mid -block street lighting is not required. 42. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 43. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 44. Culs de sac, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #800/800a, #801 and #805 respectively unless otherwise approved by the City Engineer. 45. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. If a wedge curb design is approved, the lip at the flowline shall be vertical (1/8" batter) and a minimum of 0.1' in height. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 46. Direct access from public streets is limited to the shared entry on Avenue 50. 47. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" A:\fond CC TT29283RanchLQ.wpd -36 Page 9 of 13 48. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 49. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the tract or when directed by the City, whichever comes first. LANDSCAPANG 50. The applicant shall provide landscaping in required setbacks, retention basins, common lots, and park areas. 51. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect and comply with Chapter 8.13 of the Municipal Code. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 52. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. 53. Perimeter tract walls and required landscaping shall be constructed prior to final inspection and occupancy of any homes within the tract unless a phasing plan, or construction schedule, is approved by the City Engineer. 54. Front yard landscaping for future houses shall consist of a minimum of two shade trees 0.5-inch and larger caliper size) and 10 five gallon shrubs. Three additional shade trees 0 .0-inch caliper) shall be required for corner lots houses. All trees shall be double staked to prevent wind damage. 017 AACond CC TT29283RanchLQ.wpd -36 Page 10 of 13 PUBLICL_ERVI_CES 55. The applicant shall provide public transit improvements as required by Sunline Transit and/or the City. QUALITY -ASSURANCE 56. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 57. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 58. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans, specifications and applicable regulations. 59. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all improvement plans which were signed by the City Engineer and the precise grading plans. Each sheet shall be clearly marked "Record Drawings," "As - Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster -image files previously submitted to the City to reflect as -constructed conditions. MAJ_NTENAN-CE 60. The applicant shall make provisions for continuous, perpetual maintenance of all on - site improvements, perimeter landscaping, access drives, and sidewalks. The applicant shall maintain required public improvements until they are accepted by the appropriate public agency. FEES AN.D.DEP_OSLTS 61. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 62. Plan check fees required by the Riverside Country Fire Department shall be paid when plans are submitted for review and approval. A:Afond CC TT29283RanchLQ.wpd -36 018 Page 11 of 13 F I R E D E-PARTNMENT 63. Fire hydrants in accordance with Coachella Valley Water District Standard W-33 shall be located at each street intersection spaced not more than 330 feet apart in any direction with no portion of any lot frontage more than 165 feet from a fire hydrant. Minimum fire flow shall be 1,000 g.p.m. for a 2-hour duration at 20 psi. Blue dot reflectors shall be mounted in the middle of streets directly in line with fire hydrants. 64. Applicant/developer will provide written certification for the appropriate water company that the required fire hydrant(s) are either existing or that financial arrangements have been made to provide them. 65. Prior to recordation of the final map, applicant/developer shall furnish one blueline copy of the water system plans to the Fire Department for review/approval. Plans shall conform to the fire hydrant types, location and spacing, and the system will meet the fire flow requirements. Plans will be signed and approved by the registered Civil Engineer and the local water company with the following certification: "/ certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 66. The required water system including fire hydrants will be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. 67. A temporary water supply for fire protection may be allowed for the construction of the model units only. Plans for a temporary water system must be submitted to the Fire Department for review prior to issuance of building permits. 68. Gates installed to restrict access shall be power operated and equipped with a Fire Department override system consisting of Knox Key operated switches, series KS-2P with dust cover, mounted per recommended standard of the Knox Company. Improvement plans for the entry street and gates shall be submitted to the Fire Department for review/approval prior to installation. 69. Gate entrance openings shall be not less than 16 feet in width. All gates shall be located at least 40 feet from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Gates shall have either a secondary power supply or an approved manual means to release mechanical control of the gate in the event of loss of primary power. MI_S-CE LLAJ_V_E_O-US 70. All public agency letters received for this case are made part of the case file documents for plan checking purposes. L IJ019 A:\fond CC TT29283RanchLQ.wpd -36 Page 12 of 13 71. Applicable conditions of Specific Plan 84-004 as amended shall be met prior to building permit issuance. 72. The layout and design of the permanent tract access gates shall be approved by the Community Development Department after review and approval by the. Fire Department. 73. This tract shall be annexed into the Rancho La Quinta Homeowners' Association (HOA) ensuring maintenance of common open space, perimeter landscaping, private roads, security, and architectural consistency pursuant to the requirements of Specific Plan 84-004. A:Wond CC TT29283RanchLQ.wpd -36 4A Page 13 of 13 i Attachment 1 Jefferson St. U C7 J J Q U • U C7 C3 J c L)OD Q 0 J • U J � d °C J Z Cr -� 0a cc U •' 0 0 `! �O J i MM • �J A '}g u04OUT4SPA la �•• w W �■ INNr = �. a Yn 3 Attachment 2 _ T 77. /I I F .... Co ♦ � � 1 1 F. I O I g y \ d Y E II � I I 10 I'. c IID \ 5 N� � A We cam- g�� k THE � �P`� I .rp Y m �p r._ Y / I F{ . d �0 8g 4 p m `p f fl Ye ? A / eAeF ePA FPS m v I / II iJ w NM/ 7' S I e �-- R - � -------- --- -' Co AYowrai+ Planning Commission Minutes July 13, 1999 V. PUBLIC HEARINGS: Attachment 3 Chairman Kirk opened the Public Hearings and asked if there was any objection to combining Public Hearings "A" and "B" and Public Hearings "C" "D" and "E". There being no objection, he asked for the staff report for Items "A" and "B". A. Tentative Tract Map 29283; a request of T. D. Desert Development for a recommendation of approval to subdivide 23 acres into 59 residential and other common lots located at the northwest corner of 50`h Avenue and Orchard Lane (extended) within Rancho La Quinta. B. Tentative Tract 29306; a request of T. D. Desert Development for a recommendation of approval to subdivide 26.4 acres into 75 residential and other common lots for the property located on the south side of 48`h Avenue and east of Dune Palms Road within Rancho La Quinta Country Club. l . Planning Manager Christine di Iorio presented the information contained in the staff reports, copies of which are on file in the Community Development Department. 2. There being no further questions of staff, Chairman Kirk asked if the applicant would like .to address the Commission. Mr. Grady Sparks stated he was available to answer any questions. 3. There being no questions of the applicant, Chairman Kirk asked if anyone else would like to address the Commission on this project. 4. There being no further discussion, Chairman Kirk closed the public participation of the hearing and opened the issue for Commission discussion. 5. Commissioner Robbins asked that Condition #33 and #36 on Item B be corrected. 6. Commissioner Tyler questioned Condition 48.C. on Tentative Tract 29283 concerning street widths. Senior Engineer Steve Speer clarified that Lot "B" in Condition #8.C. is a single loaded street and the applicant is requesting a 33-foot wide street whereas the other street is 36-feet wide with parking on both sides. Staff has written the condition to allow them to reduce the street width to 29 feet if parking is eliminated. 7. Commissioner Tyler asked that Condition #44 be deleted. Uti4, C:\My Documents\WPDOCS\PC7-13-99.wpd 2 Planning Commission Minutes July 13, 1999 8. There being no further discussion, it was moved and seconded by Commissioners Abels/Butler to adopt Planning Commission Resolution 99- 051 recommending to the City Council approval of Tentative Tract Map 29283 subject to the Findings and Conditions of Approval as modified. ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 9. There being no further discussion, it was moved and seconded by Commissioners Abels/Butler to adopt Planning Commission Resolution 99- 052 recommending approval of Tentative Tract Map 29306, as modified: a. Condition #44 deleted. ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. Chairman Kirk asked for the staff report for Items "C", "D", and "E". C. Tentative Tract 29347; a request of KSL Land 91Wration for recommendation for approval to subdivide 60± acres into 39 family lots, a golf course lot and miscellaneous lots located on the w e of Monroe Street, north of Airport Boulevard, within the Norman Go se at PGA West. D. Tentative Tract 29348; a re f KSL Land Corporation for recommendation r approval to subdivide 19 res into 58 single family lots, located on the n de of Airport Boulevard ay between Madison Street and Monroe Str n the Norman Golf Co PGA West. E. Tentative T 9349; a request of KSL Land Corporation commendation for approva ubdivide 32+ acres into 92 single famil , a golf course lot and misc ous lots located on the north side of Ai oulevard, east of Madison S ithin the Norman Golf Course at PGA 1. Principal Planner Stan Sawa prese e information contained in the staf reports, copies of which are He in the Community Develop Department. 2. Chairman Kirk aske44OWere were any questions of staff. issioner Robbins asked staff to explain a State Approved'.JV Cart Plan. Commissioner Butler asked staff to explain where unnel would be constructed. Senior Engineer Steve Speer stated that if the City wanted to pursue golf cart lanes and crossing on City streets similar to what has been CAMy Documents\WPDOCS\PC7-13-99.wpd 3 TAt!t 4 4 Qum& AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: August 3, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Public Hearing on Tentative Tract 29347, a Request PUBLIC HEARING: for a Residential Subdivision of 39 Single Family Lots on 60 ± Net Acres Located on the West Side of Monroe Street, North of Airport Boulevard, Within the Norman Course. Applicant: KSL Land Corporation RECOMMENDATION: Adopt a Resolution of the City Council approving Tentative Tract 29347, subject to the Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Project History In December, 1991, the City Council approved Specific Plan 90-015, of which this tract is a part (Attachment 1). An amendment to the specific plan, approved by the City Council on December 1, 1998, retained the 18 hole golf course, reduced the maximum dwelling units from 1,060 to 365, revised the layout and circulation, and amended development standards. Currently, the golf course is under construction on the entire specific plan site on the north side of Airport Boulevard, between Madison Street and Monroe Street. Tentative Tract 29136, approved in May, 1999, subdivided the specific plan site into large lots. The tract created 15 residential area lots for future development, five golf course lots, one lot each for the maintenance yard, clubhouse lot, and miscellaneous lots for streets, common areas, and water well sites. �. gG r _ r u A:\stan\tt 29347 cc rpt.WPD Environmental Considerations Tentative Tract 29347 is within Specific Plan 90-015. This project is exempt from the California Environmental Quality Act of 1970, as amended, per Public Resources Code Section 65457 (a). An Environmental Impact Report (Ea 90-159 for SP 90-015) was certified on December 3, 1991, by the City Council. An Environmental Assessment Addendum to the previously approved Environmental Impact Report was completed for Amendment #1 which was approved by the City Council on December 1, 1998. No changed circumstances or conditions exist which would trigger the preparation of a subsequent Environmental Impact Report pursuant to Public Resources Code 21166. Zoning of Site RL (Low Density Residential) and VRL (Very Low Density Residential) General Plan Designation of Site Low Density Residential and (LDR) Very Low Density Residential (VLDR) Surrounding Zoning and Land Uses North: RVL With Rural And Equestrian Overlay / vacant. South: Residential - Riverside County / country club under construction in unincorporated area. East: Residential\Agricultural - Riverside County / vacant. West: RI / vacant residential and golf course under construction. Project Request This map utilizes Lots "14,15, 22, 32, G", and "H" of Tentative Tract 29136, adjacent to Monroe Street to create 39 single family lots, varying from 11,550 to 14,264 square feet (average 11,981 square feet) in size. Many of the lots are 70 feet wide and 165 feet deep, with all of the lots backing up to the golf course. One triangular shaped water well lot (Lot 40) is being provided at the north end of the tract adjacent to Monroe Street. Planning Commission Review On July 13, 1999, the Planning Commission reviewed this map request (Attachment 2). Discussion occurred regarding access between the subject area (including the entire specific plan area) and PGA West across Madison Street and the new golf course across Airport Boulevard to the south. Prior to the Planning Commission 00 A:\stan\tt 29347 cc rpt.WPD hearing, staff received letters from two of the PGA West homeowner associations requesting that a tunnel under Madison Street be required, rather than allowing an at - grade crossing on Madison Street (Attachment 3). The Planning Commission adopted Resolution 99-053, recommending approval of Tentative Tract 29347, subject to the Findings and Conditions, amending Condition #41 regarding golf cart access, as follows: "If a golf cart access is desired between the homes in this tract and the facilities within the PGA West campus west of Madison Street or south across Airport Boulevard, the access route shall be either a tunnel under Madison Street or Airport Boulevard, or a City directed State approved golf cart plan". Public Notice The application was advertised in the Desert Sun newspaper on July 23, 1999. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required by the La Quinta Municipal Code. As of this writing, no written comments have been received for the City Council hearing. Public Agency Review All applicable agency comments received have been made part of the Conditions of Approval. FINDINGS AND ALTERNATIVES: Findings needed to approve Tentative Tract Map 29347 can be made as noted in the attached Resolution. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving Tentative Tract 29347, subject to the Findings and Conditions of Approval; or 2. Do not approve Tentative Tract Map 29347; or 3. Provide staff with alternative direction. 11313 A:\stan\tt 29347 cc rpt.WPD UO3 Respectfully submitted, I Jer erman, ommunity Development Director Approved for submission by: homas P. Genovese, City Manager Attachments: 1. Location Map 2. Planning Commission minutes for the meeting of July 13, 1999 (excerpt) 3. PGA West Members Association letter dated July 5, 1999, and PGA West Master Association dated July 6, 1999 4. Tentative Tract Map (City Council only) A:\stan\tt 29347 cc rpt.WPD RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO ALLOW A SUBDIVISION OF 60 ± ACRES INTO 39 SINGLE FAMILY LOTS AND MISCELLANEOUS LOTS CASE NO.: TT 29347 APPLICANT: KSL LAND CORPORATION WHEREAS, the City Council of the City of La Quinta, California, did on the 3' day of August, 1999, hold a duly noticed Public Hearing to consider the request of KSL LAND CORPORATION for approval of a Tentative Tract Map to subdivide 60 ± acres into 39 single family and miscellaneous lots, located on the west side of Monroe Street, north of Airport Boulevard, within the Norman Course, more particularly described as: APN: Portions of 767-330-007, 008, 009, 024, and 028 WHEREAS, said Tentative Tract Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63). The La Quinta Community Development Department has determined that Tentative Tract 29347 is within Specific Plan 90-015 and is exempt from the California Environmental Quality Act of 1970, as amended, per Public Resources Code Section 65457 (a). An environmental impact report (EA 90-159 for SP 90-015) was certified on December 3, 1991, by the City Council. An Environmental Assessment Addendum to the previously approved environmental impact report was completed for Amendment #1 which was approved by the by the City Council on December 1, 1998. No changed circumstances or conditions exist which would trigger the preparation of a subsequent environmental impact report pursuant to Public Resources Code 21 166; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 13th day of July, 1999, hold a duly noticed Public Hearing to consider the request of KSL LAND CORPORATION for approval of said Tentative Tract Map and recommended approval by adoption of Resolution 99-053; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings of approval to justify approval of said Tentative Tract Map 29347: f 1. The proposed map and its design and improvement is consistent with the General Plan and applicable Specific Plan in that the lots are intended and designated for Low Density Residential use. The development of the lots will �vJ pA tt 29347 cc res Resolution 99- Tentative Tract 29347 comply with applicable development standards such as setbacks, height restrictions, density, etc. 2. The design of the subdivision and proposed improvements are not likely to cause environmental damage or substantially and avoidably injure fish, or wildlife, since the project is primarily surrounded by development, or other urban improvements, and mitigation is required by the previous Environmental Impact Report and Mitigated Negative Declaration. 3. The design of the subdivision and proposed improvements are not likely to cause serious public health problems due to imposed conditions. 4. The design of the proposed map will not conflict with easements acquired by the public at large, for access through, or use of, property within the proposed Map since none presently exist. WHEREAS, in the review of this Tentative Tract Map, the City Council has considered, the effect of the contemplated action on housing needs of the region for purposes of balancing those needs against the public service needs of the residents of the City of La Quinta and its environs with available fiscal and environmental resources; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does approval Tentative Tract Map 29347 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 3`d day of August, 1999, by the following vote, to wit: AYES: l0_[Q ABSENT: J J 1 ABSTAIN: p:\ tt 29347 cc res V ' G Resolution 99- Tentative Tract 29347 JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JOHOLA, City Clerk City of La Quinta, California DAWN C. HONEYWELL, City Attorney City of La Quinta, California p:\ tt 29347 cc res RESOLUTION 99- CONDITIONS OF APPROVAL- RECOMMENDED TENTATIVE TRACT MAP 29347 KSL LAND CORPORATION AUGUST 3, 1999 CONDITIONS OF APPROVAL GENERAL 1, Upon City Council approval, a memorandum noting that City Conditions of Approval for development applications exist and are available for review at City Hall, shall be recorded against the property with the Riverside County Recorder's office. 2. The subdivider agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this tentative map or any final map thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 3. Tentative Tract Map 29347 shall comply with the requirements and standards of § § 66410 through 66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC). This map approval shall expire and become null and void at the end of two years after City Council approval unless an extension of time is granted pursuant to City requirements. 4. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (per their letter of June 17,1999, on file in Community Development Department) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) PAtt 29347 cc coa.wpd 1 RESOLUTION 99-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29347 AUGUST 3, 1999 The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the Notice of Intent received from the CWQCB prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. 5. The applicant shall comply with the terms and requirements of the infrastructure fee program in effect at the time of issuance of building permits. PROPERTY RIGHTS 6. The applicant shall process and record a final map for the underlying Tentative Tract Map 29136 prior to approval of any final map under this tentative map. 7. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 8. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval of this tentative map by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. FINAL MAP(S) AND PARCEL MAP(S) 9. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. P:\tt 29347 cc coampd 2 V RESOLUTION 99-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29347 AUGUST 3, 1999 IMPROVEMENT PLANS As used throughout these conditions of approval, professional titles such as "engineer," "surveyor," and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 10. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading" and "Precise Grading." Rough grading plans shall have signature blocks for the City Engineer. Precise grading plans shall have signature blocks for Community Development Director and the Building Official. Plans are not approved for construction until they are signed. 11. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. IMPROVEMENT AGREEMENT 12. Beneficial use of the lots shown on this tentative map depends on construction of improvements required of the underlying Tentative Tract 29136 in and adjacent to the easterly half of that map. 13. The applicant shall construct improvements and/or satisfy obligations required of this tentative map, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations prior to approval of a final map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 14. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. P:\tt 29347 cc coa.wpd 3 RESOLUTION 99-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29347 AUGUST 3, 1999 Estimates for utilities and other improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, development -wide improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 15. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan or in an improvement agreement, the City shall have the right to halt issuance of building permits or final building inspections, withhold other approvals related to the development of the project or call upon the surety to complete the improvements. GRADING 16. This development shall comply with Chapter 8.11 of the LQMC (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project 0 00-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish certifications as required by FEMA that the above conditions have been met. 17. The applicant shall furnish a preliminary geotechnical ("soils") report and a grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. The plan must be approved by the City Engineer prior to issuance of a grading permit. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 18. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 19. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three ' 01-L P:\tt 29347 cc coa.wpd 4 RESOLUTION 99-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29347 AUGUST 3, 1999 feet except for lots within a tract or parcel map, but not sharing common street frontage, where the differential shall not exceed five feet. If compliance with this requirement is impractical, the City will consider and may approve alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 20. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a Fugitive Dust Control plan prepared in accordance with Chapter 6.16, LQMC. The applicant shall furnish security, in a form acceptable to the City, in an amount sufficient to guarantee compliance with the provisions of the permit. 21. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 22. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. DRAINAGE 23. Stormwater handling shall conform with the approved hydrology and drainage plan for Specific Plan 90-015. Nuisance water shall be disposed of in an approved method. UTILITIES 24. Existing aerial lines and all proposed utilities within or adjacent to the proposed development shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. 25. Utilities shall be installed prior to overlying hardscape. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. P:\tt 29347 cc coa.wpd 5 ';� Olt- RESOLUTION 99-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29347 AUGUST 3, 1999 STREETS AND TRAFFIC 26. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the tract or when directed by the City, whichever comes first. LANDSCAPING AND WALLS 27. Perimeter walls are a condition of the underlying Tentative Tract 29136. Unless the applicant has received approval of a wall phasing plan to the contrary, final occupancy of homes within this tentative tract shall not occur until those walls are completed on Airport Boulevard from Lot 19 of Tentative Tract 29348 to Monroe Street, along Monroe Street, along the north boundary of the easterly projection of Tentative Tract 29136, and along the easterly boundary of the northerly projection of Tentative Tract 29136. QUALITY ASSURANCE 28. The applicant shall employ construction quality assurance measures which meet the approval of the City Engineer. 29. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 30. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans, specifications and applicable regulations. 31. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all public improvement plans which were signed by the City Engineer. Each sheet shall be clearly marked "Record Drawings," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. 0 A 013 P:\tt 29347 cc coa.wpd 6 RESOLUTION 99-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29347 AUGUST 3, 1999 FEES AND DEPOSITS 32. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. FIRE MARSHAL 33. Prior to issuance recordation of final map, applicant/developer shall furnish one blue line copy of the water system plans to the Fire Department for review/approval. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet fire flow requirements. Plans shall be signed/approved by a registered Civil Engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department". 34. Fire hydrants in accordance with CVWD standard W-33 shall be located at each street intersection spaced not more than 330 feet apart in any direction with no portion of any lot frontage more than 165 feet from a fire hydrant. Minimum fire flow shall be 1000 gpm for a two hour duration at 20 psi. Blue dot reflectors shall be mounted in the middle of streets directly in line with fire hydrants. 35. The required water system, including fire hydrants will be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 36. A temporary water supply for fire protection may be allowed for the construction of the models only. Plans for a temporary water system must be submitted to the Fire Department for review prior to issuance of building permits. 37. Gates installed to restrict access shall be power operated and equipped with a Fire Department override system consisting of Knox Key operated switches, Series KS-2P with dust cover, mounted per recommended standard of the Knox Company. Improvement plans for the entry street and gates shall be submitted to the Fire Department for review/approval prior to installation. 014 P:\tt 29347 cc coa.wpd 7 RESOLUTION 99-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29347 AUGUST 3, 1999 38. Applicant/developer will provide written certification from the appropriate water company that the required fire hydrant(s) are either existing or that financial arrangements have been made to provide them. MISCELLANEOUS 39. Development of residences shall comply with the provisions of specific plan 90- 015. 40. Residential prototype dwelling units and front yard landscaping plans shall be approved by the Planning Commission pursuant to City requirements. 41. If a golf cart access is desired between the homes in this tract and the facilities within the PGA West campus west of Madison Street or south across Airport Boulevard, the access route shall be either a tunnel under Madison Street or Airport Boulevard, or a City directed State approved golf cart plan. 015 P:\tt 29347 cc coa.wpd 8 ATTACHMENT #1 t AVENUE H TRACT NO* or 29348 TRACT NO, 29347 N Z AIRPORT BLVD. y TRACT NO. � I 29349 � 58th AVENUE CASE MAP NORTH CASE No. TENTATIVE TRACT 29347 SCALE: i KSL LAND CORP. NTS o1 ATTACHMENT #2 Planning Commission Minutes July 13, 1999 8. There being no further discussion, it was move d' seconded by Commissioners AbelsButler to adopt Planning C fission Resolution 99- 051 recommending to the City Council a al of Tentative Tract Map 29283 subject to the Findings and Cqjoigforns, of Approval as modified. ROLL CALL: AYES: Commissions els, Butler, Robbins, Tyler, and Chairman Kirk. NO<NoABSENT: None. ABSTAIN: None. Therebeing nscussion, it was moved and seconded by Commissio Ao adopt Planning Commission Resolution 99- 052 re endinof Tentative Tract Map 29306, as modified: Condition #44 deleted. FFmmissioners Abels, Butler, Robbins, Tyler and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. Chairman Kirk asked for the staff report for Items "C", "D", and "E". C. Tentative Tract 29347; a request of KSL Land Corporation for recommendation for approval to subdivide 60± acres into 39 single family lots, a golf course lot and miscellaneous lots located on the west side of Monroe Street, north of Airport Boulevard, within the Norman Golf Course at PGA West. D. Tentative Tract 29348; a request of KSL Land Corporation for recommendation for approval to subdivide 19.3+ acres into 58 single family lots, located on the north side of Airport Boulevard, midway between Madison Street and Monroe Street within the Norman Golf Course at PGA West. E. Tentative Tract 29349; a request of KSL Land Corporation for recommendation for approval to subdivide 32+ acres into 92 single family lots, a golf course lot and miscellaneous lots located on the north side of Airport Boulevard, east of Madison Street within the Norman Golf Course at PGA West. 1. Principal Planner Stan Sawa presented the information contained in the staff reports, copies of which are on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Robbins asked staff to explain a State Approved Golf Cart Plan. Commissioner Butler asked staff to explain where the tunnel would be constructed. Senior Engineer Steve Speer stated that if the City wanted to pursue golf cart lanes and crossing on City streets similar to what has been CAMy Documents\WPD0CS\PC7-13-99.wpd 3 Planning Commission Minutes July 13, 1999 done in the City of Palm Desert, the City would have to undertake preparation of a State Approved Golf Cart Plan. There would need to be a number of public meetings to decide what the City wants and believes is appropriate. Following this process the plan is sent to the State for their review and at that time the California Highway Patrol would become involved. After it has been approved by the State, street striping can begin. Without this type of plan, a golf cart cannot cross a street that has a speed limit of 45 mph or greater. In regard to the location of the tunnel it could be put across from Lot 27. The applicant has indicated the cost may be as much as three quarters of a million dollars. 3. Commissioner Robbins asked how golf cart travel could be allowed on Westward Ho at Jefferson Street. Staff stated that Jefferson Street presently has a 35 mph speed limit. With the street widening, the City will be enacting some plans to accommodate this access. If the speed limit is posted for more than 45 mph they would not be able to have golf cart crossing without a State approved plan. 4. Commissioner Abels asked when the golf cart crossing at Westward Ho and Jefferson Street will be addressed during the Jefferson Street widening. Staff stated it would not be considered until Phase 2 or 3. 5. Commissioner Robbins asked what the speed limit currently was on Madison Street. Staff stated it was probably 50 mph or more. By the time Madison Street is built out to its ultimate condition as an Arterial Street with a raised median, speeds will not be under 50 mph. 6. Commissioner Butler asked that in comparing costs for both forms, the tunnel and a State Approved Golf Cart Plan, does one balance out the other by the time you have to acquire land and make street improvements? Staff stated that on this street there are a couple of options. Currently, there is an equestrian path required along the east side of Madison Street and the need is diminishing. Therefore, this area could be used or it could be a shared path. The street is wide enough for parking lanes and the City could stripe a. bike and golf car lane. 7. Commissioner Butler stated that at some point they will have to cross Madison Street. Staff noted it would be a signalized intersection. KSL has been proposing to put an access gate through the wall at Airport Boulevard and that is where the golf carts would cross. 1 t CAMy Documents\WPDOCS\PC7-13-99.wpd 4 (; 3 Planning Commission Minutes July 13, 1999 8. Community Development Director Jerry Herman stated the Norman Course is not a part of PGA West. It is a separate specific plan and this condition only applies to this development unless the applicant wishes to combine the two specific plans. The condition is written to allow some options to KSL regarding access between the two courses. A golf cart plan is subject to staff review and approval. It the City Council determines not to prepare such a plan, then the only other option to KSL is to construct a tunnel. Public safety and not cost, is the concern of the City. If the applicant wants either option, it is at their cost to develop it. 9. Commissioner Butler stated his concern is that they are approving a plan that could be a safety concern. Staff stated it is a concern that has to be addressed by the applicant if they wish to connect the two courses. 10. Chairman Kirk noted staff had stated this will not cause a serious health concern. Senior Engineer Steve Speer stated that in the staff report, there is a finding for public health which presumes compliance with State law. The exception to meeting this finding is the Vehicle Code as there are safe ways of doing it. Community Development Director Jerry Herman stated that in other words the Planning Commission cannot grant an at grade crossing to this developer to connect the two projects. A condition can be added to allow them flexibility to achieve this if they desire to do so. 11. Commissioner Tyler stated his concerns about the crossings and he believes people will go back and forth between the two courses. It is up to the Commission to recognize this and provide solutions. Condition #41 does not give the applicant any options. He asked if a bridge was possible. It would eliminate several of the cost factors. The applicant needs to be given direction as to what he can do, tunnel or bridge. Staff stated the recommended condition was worded so that if a State Approved Golf Cart Plan is not approved, the only option to the applicant is to construct a tunnel. 12. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Chevis Hosea, representing KSL Land Corporation, stated they were planning to develop a State Approved Golf Cart Plan as there is a need for such a plan as you cannot now cross the street with a golf cart. They would like to have access to this course from PGA West, but do not want to go to the cost of constructing a bridge or tunnel. A bridge is not really an option because more ground would be needed as well as earthquake issues and Caltrans requirements make is cost prohibitive. CAMy Documents\WPDOCS\PC7-13-99.wpd 5 Planning Commission Minutes July 13, 1999 13. Commissioner Tyler asked about the Caltrans requirement. Mr. Hosea stated that by the time you ramp up to meet their height clearance the bridge would be very long. 14. Commissioner Butler stated his concern about golf carts crossing Madison Street. His concern is that a crossing and/or State approved plan is setting a precedent for the development in that area. Mr. Hosea stated it would be an unfair burden to impose a requirement on them to provide a tunnel for access. They would agree to continue working with the City to obtain a surface crossing. 15. Commissioner Tyler asked about the golf cart crossing on Park Avenue. Mr. Hosea stated there have been no safety issues that he is aware of and it is highly used. Commissioner Tyler stated the speed limit at this location is only 30-35 mph. He asked if the applicant would agree with the condition requiring a tunnel or State approved plan. Mr. Hosea stated he had no objection to the State approved plan. 16. Commissioner Butler asked if he knew what the cost difference would be between having a State approved plan which could include the taking of land and street improvements, versus constructing a tunnel. Mr. Hosea stated the last time they priced the cost of constructing a tunnel it was about $700,000. Street crossing estimates were approximately $100,000. 17. Commissioner Tyler stated a State plan is not unique to the KSL area, but is a City-wide concern. Mr. Hosea stated this is a semi -private course, .so a lot of the use will be hotel guests, etc., who would be driving to the course. 18. Commissioner Robbins asked if the homeowners of this course would be members of PGA West. Mr. Hosea stated it is a potential, they are not required to buy, but must own property to buy amenities. 19. Chairman Kirk asked staff if a State approved plan could be prepared for one section of the City with a developers participation. Senior Engineer Steve Speer stated there was no requirement to do a City-wide plan, but only if the Council decided to do so. 20. There being no further questions of the applicant, Chairman Kirk asked if anyone else would like to speak on this issue. Mr. Dan Shepardson, 54-839 Shoal Creek, member of the PGA West Masters Association, stated he disagreed with the applicant's cost estimates for the cost of constructing a tunnel. They had a estimate of only $200,000. A member should not have to get into their car or cross a busy street to play golf. The prior developer had three tunnels built into the original plans. CAMy Documents\WPDOCS\PC7-13-99.Wpd 6 6' Planning Commission Minutes July 13, 1999 21. Ms. Kelly MacGalliard, representing PGA West Residential Homeowners' Association Res #1, stated their membership consisted of 1299 homeowners who had all voted in favor of the tunnel as they believed it will be the safest route for them to utilize. 22. There being no further questions of the applicant, Chairman Kirk.closed the public participation portion of the hearing and opened it to Commission discussion. 23. Commissioner Abels stated he was in favor of the tunnel and he .believed it should be required. 24. Commissioner Robbins stated he too agreed. A lot of golf courses can create a lot of surface traffic and safety is the concern. 25. Commissioner Butler stated he too supports the tunnel in light of the safety factor and number of people in that area. 26. Commissioner Tyler stated he had mixed emotions and wished the State Approved Golf Cart Plan were in place. The alternative is to have a plan that the developer can accomplish. 27. Chairman Kirk asked staff if they knew the cost of constructing a tunnel. Staff stated they did not have any research available on tunnel costs. There is however, a tunnel under construction on Miles Avenue, in the County, for the new tennis complex and it is a sizeable undertaking and it will be expensive. A tunnel on Madison Street would be expensive as they would not be able to divert traffic to construct it which would make it more expensive. 28. Commissioner Tyler suggested the following wording for Condition #41: "The applicant shall provide a suitable tunnel under Madison Street to accommodate golf cart transportation between Tentative Tract 29347, 29348, and 29349, The Greg Norman Course development, and the existing PGA West campus on the west side of Madison Street. 29. City Attorney Dawn Honeywell stated the City does not have a provision to require a condition to cross from one tract map to another. If a tunnel is what the Commission wants to act as the joint access from one tract to another, the existing condition could be used with the deletion of the words: "State Approved Golf Cart Plan." ") I 30. Community Development Director Jerry Herman stated this is a specific plan and PGA West is its own specific plan and there is no nexus between them. It is a private decision whether the two will have access to each other and not 000 CAMy Documents\WPDOCS\PC7-13-99.wpd 7 U s. t- Planning Commission Minutes July 13, 1999 mandatory from the City's standpoint. It then becomes an issue that if they want to provide an access, then they must construct a tunnel. If they do not want access, the access becomes via vehicles. It is a private decision of the developer of the golf course. 31. Commissioner Robbins asked if using Airport Boulevard would make a difference. Senior Engineer Steve Speer stated Airport Boulevard will have the same requirements due to the speed limit. 32. Chairman Kirk asked if there was any example for off -site improvements which are done elsewhere. City Attorney Dawn Honeywell stated the City does not have a development standard that requires tunnels for golf courses. 33. There being no further discussion, it was moved and seconded by Commissioners Butler/Tyler to adopt Planning Commission Resolution 99- 053 recommending approval of Tentative Tract Map 29347, as modified: a. Condition #: 41: Add, "Under Madison Street and/or Airport Boulevard" and delete "State Approved Golf Cart Plan." 34. Commissioner Robbins stated that if this condition is approved as written and later a State approved plan is adopted that allows golf carts on Madison Street or Airport Boulevard, the City would not be able to prohibit the residents from using the golf cart path on these streets. Staff stated that was correct. 35. City Attorney Dawn Honeywell stated the purpose of writing the condition in this manner is to point out to the developer the options available to him. 36. Commissioner Butler stated that even with a golf cart plan, the area would still be unsafe due to the amount of traffic in this rural area. Community Development Director Jerry Herman suggested adding to the condition: "West of Madison Street or south of Airport Boulevard..... Under Madison Street or Airport Boulevard......." 37. It was moved and seconded by Commissioners Abels/Robbins to adopt Planning Commission Resolution 99-053 recommending approval of Tentative Tract 29347 with deletion of the word "golf' and the addition of "Airport Boulevard" as an alternative street, and add "City directed State Approved Golf Cart Plan." 38. Commissioner Butler stated he did not want a golf cart plan. The applicant has mentioned he is going to use the equestrian trails for the golf cart path. In his opinion the tunnel is still the safest. CAMy Documents\WPDOCS\PC7-13-99.wpd 8 023 Planning Commission Minutes July 13, 1999 39. Commissioner Tyler stated he has been following these golf cart plans and they have been highly successful. 40. Chairman Kirk asked legal counsel if they should vote on the second motion q first and if approved the first motion is void. He restated the condition: a. Condition #41: "If a golf cart access is desired between the homes in this tract and the facilities within the PGA West campus west of Madison Street or south across Airport Boulevard, the access route shall be either a tunnel under Madison Street or Airport Boulevard, or a City directed State Approved Golf Cart Plan." ROLL CALL: AYES: Commissioners Abels, Tyler and Chairman Kirk. NOES: Commissioner Butler, Robbins ABSENT: None. ABSTAIN: None. 42. There being no further discussion, it was moved and seconded by Commissioners Abels/Robbins to adopt .Planning Commission Resolution 99-054 recommending approval of Tentative Tract Map 29348, as modified: a. Condition #41: "If a golf cart access is desired between the homes in this tract and the facilities within the PGA West campus west of Madison Street or south across Airport Boulevard, the access route shall be either a tunnel under Madison Street or Airport Boulevard, or a City directed State Approved Golf Cart Plan." ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 43. There being no further discussion, it was moved and seconded by Commissioners Robbins/Abels to adopt Planning Commission Resolution 99-055 recommending approval of Tentative Tract Map 29349, as modified: a. Condition #41: "If a golf cart access is desired between the homes in this tract and the facilities within the PGA West campus west of Madison Street or south across Airport Boulevard, the access route shall be either a tunnel under Madison Street or Airport Boulevard, or a City directed State Approved Golf Cart Plan." 44. Commissioner Tyler asked if the applicant was required to build equestrian trails as part of the tract. Staff stated they are required to build the trail. ROLL CALL: AYES: Commissioners Abels, Tyler and Chairman Kirk. NOES: Commissioners Butler and Robbins. ABSENT: None. ABSTAIN: None. CAMy Documents\WPD0CS\PC7-13-99.wpd 9 20 ATTACHMENT #3 PGA WEST MEMBERS ASSOCIATION Post Office Box 41688 La Quinta, CA 92253 Board of Directors July 5, 1999 City of La Quinta Planning Commission 78-495 Calle Tampico La Quinta, Ca. 92253 Mr. Jerry I lernian: %�DEtVf.D J& Ils This letter is in reference to the Notice of Public bearing to be held on July 13, 1999 on items: Tentative "Tracts (1 ) 29347, 29348, and 29349. While the PGA West Members Association has no issue with the subdivision into single family dwellings per se', we do - ]lave a significant conccrii regarding golf cart access to and from this tract and the adjoining Greg Norman Goll' Course. Attached for your reference is a letter directed to the City Clerk and the City Council enumerating our specific concerns. it shot)](] be; understood that the occupants of the proposed single family horrors in the aforementioned Vacts must have access to the other golf courses, clubhouses, fitness/tennis facility, etc. all of which are located on the other side of Madison Avenue front where their homes will be. In our view, golf cart access across the surface of Madison Avenue is a huge risk, if not illegal. 11 is inevitable if such a scheme were approved, that a major accident would occur. The only viable solution is to put a tunnel under Madison Avenue. There is certainly precedent for this mode of access, it provides consistent planning and, above all, is the logical solution. KS1, should realize their responsibility and do the right thing. We would ask that this access topic be a Dart ol-your discussion on .lttly 13 bflore approval is granted for these, tracts. Please circulate this letter and the accompanying letter to all interested parties. Thank you ill advance for your careful consideration of this important matter. Sincerely, OW41) Chuck Otto President, PGA West Members Association ilv _ni 7-Qca i :1 : 99 RECEIVED FROM: P - 01 RECE!V.! A - 7 1999 PGA WEST MASTER ASSOCIATION, INC. P. 0. BOX 1516 LA QUINTA CA 92253 (760) 776-5100 Fax 776-5111 July 6, 1999 Mr. Robert Tyler, Chairman Members of the Planning Commission City of La Quinta, California 78-495 Calle Tampico La Quinta CA 92253 Dear Mr. Tyler: Please be advised that the PGA WEST Master Association, PGA WEST Residential Association and PGA WEST II Residential Association are deeply concerned about golf cart access to and from the Greg Norman Golf and Residential Communities that will become a part of the PGA WEST Community. As you are aware, Madison Street, a major traffic artery in our City, separates the Greg Norman Area from the main PGA WEST Community. While there has been some planning for surface cart crossings of Madison and Airport to the Norman Area, we are assuming that this proposal will not be approved by the City, nor will it be approved by the Master Association, which has responsibility for peripheral wall security in PGA WEST. We urge you to require that tunnel access across Madison be provided by the Master Developer (KSL) as part of the conditions of approval for those Tentative maps (29347, 29348, and 29349) presently under your consideration, for lotting the Norman Residential Area. There is significant precedent for tunnel access across major and minor roadways in our community. Jefferson crossing at the Citrus Course, Madison crossing at PGA WEST, as well as 3 internal collector street crossings with the PGA WEST Community. The original Specific Plan for PGA WEST stated the following criteria: "Design a circulation system that is safe, efficient, and one that encourages pedestrian/golf cart usage. " (Italics added) Two areas of PGA WEST are presently connected for golf cart use by tunnel under Madison Street, as well as the interior tunnels in the main project area, which reduce the auto trips otherwise required to access clubhouses, fitness center, and other facilities on the main portion of the property that are for the use of all PGA WEST members. 0L0 U$2G Mr. Robert Tyler, Chairman July 6, 1999 — Page Two We have heard that the Master Developer (KSL) considers tunnels cost prohibitive, however they have always understood that cost and good planning sometimes conflict. Cost did not impeded the original PGA WEST Developer (Landmark) from providing tunnels. The one hundred eighty home sites on the Norman property will not have access to the various Club facilities, except by automobile unless a tunnel is placed under Madison Street. A Planned Development such as ours, allows for certain relaxation of rigid planning principles (wider streets, sidewalks, street lights, etc.) in an effort to attain a well thought out sense of community for its residents. Good planning principles for a homogeneous golf course community certainly require that golf cart traffic be able to move freely throughout the community without major road crossings. Having some members not able to travel inter community, except by auto, is not only poor planning, but may cause serious traffic, safety and security issues for PGA WEST. Preventing access by golf carts to the Norman Course would not be in keeping with good planning principles for a first class Resort Community such as PGA WEST. This is an important issue to the members of the PGA WEST Community, including the Master, Residential, Residential II and Member Associations. The project when completed is going to be here long after the Master Developer and Merchant Builders have left. PGA WEST was, is and always will be contemplated as a premier golfing and residential resort, and as such, requires tunnel access to all three project areas, not just two. We urge you to require tunnel access from the project area west of Madison Street to the Norman Course neighborhood. Thank you for your serious attention to this matter and we trust that you will make the appropriate findings in you deliberations for the subject approvals. Sincerely, PGA WEST MASTER ASSOCIATION, INC. &4 ra /—/� )� 4 � By Robert . Foulk, President Cc: Board of Directors — PGA WEST Master Association Board of Directors — PGA WEST Residential Association Board of Directors — PGA WEST II Residential Association Chuck Otto, President — PGA WEST Members Association �? 007 TitT 4 4 Qum& COUNCILIRDA MEETING DATE: August 3, 1999 ITEM TITLE: Public Hearing on Tentative Tract 29348, a Request for a Residential Subdivision of 58 Single Family Lots on 19.3 ± Acres Located 600 Feet North of Airport Boulevard, Midway between Madison Street and Monroe Street, Within the Norman Course. Applicant: KSL Land Corporation RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving Tentative Tract 29348, subject to the Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Project History In December, 1991, the City Council approved Specific Plan 90-015, of which this tract is a part (Attachment 1). An amendment to the specific plan, approved by the City Council on December 1, 1998, retained the 18 hole golf course, reduced the maximum dwelling units from 1,060 to 365, revised the layout and circulation, and amended development standards. Currently, the golf course is under construction on the entire specific plan site on the north side of Airport Boulevard, between Madison Street and Monroe Street. Tentative Tract 29136, approved in May, 1999, subdivided the specific plan site into large lots. The tract created 15 residential area lots for future development, five golf course lots, one lot each for the maintenance yard, clubhouse lot, and miscellaneous lots for streets, common areas, and water well sites. 6/5 A:\stan\tt 29348 cc rpt.WPD Environmental Considerations Tentative Tract 29348 is within Specific Plan 90-015. This project is exempt from the California Environmental Quality Act of 1970, as amended, per Public Resources Code Section 65457 (a). An Environmental Impact Report (Ea 90-159 for SP 90-015) was certified on December 3, 1991, by the City Council. An Environmental Assessment Addendum to the previously approved Environmental Impact Report was completed for Amendment #1 which was approved by the City Council on December 1, 1998. No changed circumstances or conditions exist which would trigger the preparation of a subsequent Environmental Impact Report pursuant to Public Resources Code 21166. Zoning of Site RL (Low Density Residential) General Plan Designation of Site Low Density Residential (LDR) Surrounding Zoning and Land Uses North: RVL With Rural And Equestrian Overlay / vacant. South: RL / Vacant (PGA West expansion area) and Riverside County / country club under construction in unincorporated area. East: RL / Vacant Residential and golf course under construction within Norman Course. West: RI / vacant residential and golf course under construction within Norman Course. Project Request This Map, located in the middle of the Norman Course, utilizes Lots 8 through 13 of Tentative Tract 29136 to create 58 single family lots, varying from 11,550 to 25,606 square feet (average 14,511 square feet) in size. Many of the lots are 70-75 feet wide and 165 feet deep, with all of the lots backing up to the golf course. The lots are located along two intersecting private streets. Planning Commission Review On July 13, 1999, the Planning Commission reviewed this map request (Attachment 2). Discussion occurred regarding access between the subject area (including the entire specific plan area) and PGA West across Madison Street and the new golf course across Airport Boulevard to the south. Prior to the Planning Commission A:\stan\tt 29348 cc rpt.WPD o�'ti hearing, staff received letters from two of the PGA West homeowner associations requesting that a tunnel under Madison Street be required, rather than allowing an at - grade crossing on Madison Street (Attachment 3). The Planning Commission adopted Resolution 99-054, recommending approval of Tentative Tract 29348, subject to the Findings and Conditions, amending Condition #41 regarding golf cart access, as follows: "If a golf cart access is desired between the homes in this tract and the facilities within the PGA West campus west of Madison Street or south across Airport Boulevard, the access route shall be either a tunnel under Madison Street or Airport Boulevard, or a City directed State approved golf cart plan." Public Notice The application was advertised in the Desert Sun newspaper on July 23, 1999. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required by the La Quinta Municipal Code. As of this writing, no written comments have been received for the City Council hearing. Public Agency Review All applicable agency comments received have been made part of the Conditions of Approval. FINDINGS AND ALTERNATIVES: Findings needed to approve Tentative Tract Map 29348 can be made as noted in the attached Resolution. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving Tentative Tract 29348, subject to the Findings and Conditions of Approval; or 2. Do not approve Tentative Tract Map 29348; or 3. Provide staff with alternative direction. J r' A:\stan\tt 29348 cc rpt.WPD Respectfully submitted, man, t ommunity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Location Map 2. Planning Commission minutes for the meeting of July 13, 1999 (excerpt) 3. PGA West Members Association letter dated July 5, 1999, and PGA West Masters Association letter dated July 6, 1999 4. Tentative Tract Map (City Council only) A:\stan\tt 29348 cc rpt.WPD RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO ALLOW A SUBDIVISION OF 19.3 ± ACRES INTO 58 SINGLE FAMILY LOTS CASE NO.: TT 29348 APPLICANT: KSL LAND CORPORATION WHEREAS, the City Council of the City of La Quinta, California, did on the 3' day of August, 1999, hold a duly noticed Public Hearing to consider the request of KSL LAND CORPORATION for approval of a Tentative Tract Map to subdivide 19.3 ± acres into 58 single family lots, located 600 feet north of Airport Boulevard, midway between Madison Street and Monroe Street, within the Norman Course, more particularly described as: APN: Portions of 767-330-009, 022, 023, 024, 026 and 027 WHEREAS, said Tentative Tract Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63). The La Quinta Community Development Department has determined that Tentative Tract 29348 is within Specific Plan 90-015 and is exempt from the California Environmental Quality Act of 1970, as amended, per Public Resources Code Section 65457 (a). An environmental impact report (EA 90-159 for SP 90-015) was certified on December 3, 1991, by the City Council. An Environmental Assessment Addendum to the previously approved environmental impact report was completed for Amendment #1 which was approved by the by the City Council on December 1, 1998. No changed circumstances or conditions exist which would trigger the preparation of a subsequent environmental impact report pursuant to Public Resources Code 21 166; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 13t' day of July, 1999, hold a duly noticed Public Hearing to consider the request of KSL LAND CORPORATION for approval of said Tentative Tract Map and recommended approval by adoption of Resolution 99-054; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings of approval to justify approval of said Tentative Tract Map 29348: r ; J :. t) 1. The proposed map and its design and improvement is consistent with the General Plan and applicable Specific Plan in that the lots are intended and designated for Low Density Residential use. The development of the lots will V f� V J p:\ tt 29348 cc res Resolution 99- Tentative Tract 29348 comply with applicable development standards such as setbacks, height restrictions, density, etc. 2. The design of the subdivision and proposed improvements are not likely to cause environmental damage or substantially and avoidably injure fish, or wildlife, since the project is primarily surrounded by development, or other urban improvements, and mitigation is required by the previous Environmental Impact Report and Mitigated Negative Declaration. 3. The design of the subdivision and proposed improvements are not likely to cause serious public health problems due to imposed conditions. 4. The design of the proposed map will not conflict with easements acquired by the public at large, for access through, or use of, property within the proposed Map since none presently exist. WHEREAS, in the review of this Tentative Tract Map, the City Council has considered, the effect of the contemplated action on housing needs of the region for purposes of balancing those needs against the public service needs of the residents of the City of La Quinta and its environs with available fiscal and environmental resources; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does approval Tentative Tract Map 29348 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 3`d day of August, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: OvG p:\ tt 29348 cc res Resolution 99- Tentative Tract 29348 JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JOHOLA, City Clerk City of La Quinta, California DAWN C. HONEYWELL, City Attorney City of La Quinta, California V \I7 p:\ tt 29348 cc res RESOLUTION 99- CONDITIONS OF APPROVAL- RECOMMENDED TENTATIVE TRACT MAP 29348 KSL LAND CORPORATION AUGUST 3, 1999 CONDITIONS OF APPROVAL GENERAL 1. Upon City Council approval, a memorandum noting that City Conditions of Approval for development applications exist and are available for review at City Hall, shall be recorded against the property with the Riverside County Recorder's office. 2. The subdivider agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this tentative map or any final map thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 3. Tentative Tract Map 29348 shall comply with the requirements and standards of § § 66410 through 66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC). This map approval shall expire and become null and void at the end of two years after City Council approval unless an extension of time is granted pursuant to City requirements. 4. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (per their letter of June 16,1999, on file in Community Development Department) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) J '� V ll 3 PAtt 29348 cc coa.wpd RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29348 AUGUST 3, 1999 The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the Notice of Intent received from the CWQCB prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. 5. The applicant shall comply with the terms and requirements of the infrastructure fee program in effect at the time of issuance of building permits. PROPERTY RIGHTS 6. The applicant shall process and record a final map for the underlying Tentative Tract Map 29136 prior to approval of any final map under this tentative map. 7. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 8. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval of this tentative map by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. FINAL MAP(S) AND PARCEL MAP(S) 9. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. � .> 0 P:\tt 29348 cc coa.wpd (i Vv RESOLUTION 99-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29348 AUGUST 3, 1999 IMPROVEMENT PLANS As used throughout these conditions of approval, professional titles such as "engineer," "surveyor," and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 10. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading" and "Precise Grading." Rough grading plans shall have signature blocks for the City Engineer. Precise grading plans shall have signature blocks for Community Development Director and the Building Official. Plans are not approved for construction until they are signed. 11. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. IMPROVEMENT AGREEMENT 12. Beneficial use of the lots shown on this tentative map depends on construction of improvements required of the underlying Tentative Tract 29136 in and adjacent to the easterly half of that map. 13. The applicant shall construct improvements and/or satisfy obligations required of this tentative map, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations prior to approval of a final map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 14. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. P:\tt 29348 cc coa.wpd RESOLUTION 99-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29348 AUGUST 3, 1999 Estimates for utilities and other improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, development -wide improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 15. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan or in an improvement agreement, the City shall have the right to halt issuance of building permits or final building inspections, withhold other approvals related to the development of the project or call upon the surety to complete the improvements. GRADING 16. This development shall comply with Chapter 8.11 of the LQMC (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish certifications as required by FEMA that the above conditions have been met. 17. The applicant shall furnish a preliminary geotechnical ("soils") report and a grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. The plan must be approved by the City Engineer prior to issuance of a grading permit. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 18. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 19. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three P:\tt 29348 cc coa.wpd 0 RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29348 AUGUST 3, 1999 feet except for lots within a tract or parcel map, but not sharing common street frontage, where the differential shall not exceed five feet. If compliance with this requirement is impractical, the City will consider and may approve alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 20. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a Fugitive Dust Control plan prepared in accordance with Chapter 6.16, LQMC. The applicant shall furnish security, in a form acceptable to the City, in an amount sufficient to guarantee compliance with the provisions of the permit. 21. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 22. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. DRAINAGE 23. Stormwater handling shall conform with the approved hydrology and drainage plan for Specific Plan 90-015. Nuisance water shall be disposed of in an approved method. UTILITIES 24. Existing aerial lines and all proposed utilities within or adjacent to the proposed development shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. 25. Utilities shall be installed prior to overlying hardscape. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. P:\tt 29348 cc coa.wpd 0 1 RESOLUTION 99-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29348 AUGUST 3, 1999 STREETS AND TRAFFIC 26. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the tract or when directed by the City, whichever comes first. LANDSCAPING AND WALLS 27. Perimeter walls are a condition of the underlying Tentative Tract 29136. Unless the applicant has received approval of a wall phasing plan to the contrary, final occupancy of homes within this tentative tract shall not occur until those walls are completed along Airport Boulevard from the main entry drive to Lot 19 and along the portion of the most northerly boundary of Tentative Tract 29136 lying in the easterly half of that tentative map. QUALITY ASSURANCE 28. The applicant shall employ construction quality assurance measures which meet the approval of the City Engineer. . 29. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 30. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans, specifications and applicable regulations. 31. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all public improvement plans which were signed by the City Engineer. Each sheet shall be clearly marked "Record Drawings," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. P:\tt 29348 cc coa.wpd 534 013 RESOLUTION 99-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29348 AUGUST 3, 1999 FEES AND DEPOSITS 32. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. FIRE MARSHAL 33. Prior to issuance recordation of final map, applicant/developer shall furnish one blue line copy of the water system plans to the Fire Department for review/approval. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet fire flow requirements. Plans shall be signed/approved by a registered Civil Engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department". 34. Fire hydrants in accordance with CVWD standard W-33 shall be located at each street intersection spaced not more than 330 feet apart in any direction with no portion of any lot frontage more than 165 feet from a fire hydrant. Minimum fire flow shall be 1000 gpm for a two hour duration at 20 psi. Blue dot reflectors shall be mounted in the middle of streets directly in line with fire hydrants. 35. The required water system, including fire hydrants will be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 36. A temporary water supply for fire protection may be allowed for the construction of the models only. Plans for a temporary water system must be submitted to the Fire Department for review prior to issuance of building permits. 37. Gates installed to restrict access shall be power operated and equipped with a Fire Department override system consisting of Knox Key operated switches, Series KS-2P with dust cover, mounted per recommended standard of the Knox Company. Improvement plans for the entry street and gates shall be submitted to the Fire Department for review/approval prior to installation. :)3J- (j14 P:\tt 29348 cc coa.wpd RESOLUTION 99-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29348 AUGUST 3, 1999 38. Applicant/developer will provide written certification from the appropriate water company that the required fire hydrant(s) are either existing or that financial arrangements have been made to provide them. MISCELLANEOUS 39. Development of residences shall comply with the provisions of specific plan 90- 015. 40. Residential prototype dwelling units and front yard landscaping plans shall be approved by the Planning Commission pursuant to City requirements. 41. If a golf cart access is desired between the homes in this tract and the facilities within the PGA West campus west of Madison Street or south across Airport Boulevard, the access route shall be either a tunnel under Madison Street or Airport Boulevard, or a City directed State approved golf cart plan. 5-t1 P:\tt 29348 cc coa.wpd 015 ATTACHMENT#1 AVENUE „�eTRACT NO* op"r 29348 TRACT NO.I 29347 z AIRPORT BLVD. o N TRACT NO. 29347 58th AVENUE CASE MAP ORTH CASE No. �r TENTATIVE TRACT 29348 SCALE: KSL LAND CORP. NTS 53 017 ATTACHMENT #2 Planning Commission Minutes July 13, 1999 8. There being no further discussion, it was move d' seconded by Commissioners AbelsButler to adopt Planning C fission Resolution 99- 051 recommending to the City Counci�.al of Tentative Tract Map 29283 subject to the Findings and Co Approval as modified. ROLL CALL: AYES: CommissioneDXbels, Butler, Robbins, Tyler, and Chairman Kirk. NOES: No . ABSENT: None. ABSTAIN: None. There being n rther discussion, it was moved and seconded by Commissio AbelsButler to adopt Planning Commission Resolution 99- 052 re ending approval of Tentative Tract Map 29306, as modified: Condition #44 deleted. ROTTIF. ommissioners Abels, Butler, Robbins, Tyler and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. Chairman Kirk asked for the staff report for Items "C", "D", and "E". C. Tentative Tract 29347; a request of KSL Land Corporation for recommendation for approval to subdivide 60± acres into 39 single family lots, a golf course lot and miscellaneous lots located on the west side of Monroe Street, north of Airport Boulevard, within the Norman Golf Course at PGA West. D. Tentative Tract 29348; a request of KSL Land Corporation for recommendation for approval to subdivide 19.3+ acres into 58 single family lots, located on the north side of Airport Boulevard, midway between Madison Street and Monroe Street within the Norman Golf Course at PGA West. E. Tentative Tract 29349; a request of KSL Land Corporation for recommendation for approval to subdivide 32± acres into 92 single family lots, a golf course lot and miscellaneous lots located on the north side of Airport Boulevard, east of Madison Street within the Norman Golf Course at PGA West. 1. Principal Planner Stan Sawa presented the information contained in the staff reports, copies of which are on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Robbins asked staff to explain a State Approved Golf Cart Plan. Commissioner Butler asked staff to explain where the tunnel would be constructed. Senior Engineer Steve Speer stated that if the City wanted to pursue golf cart lanes and crossing on City streets similar to what has been 013 CAMy Documents\WPDOCS\PC7-13-99.wpd 3 Planning Commission Minutes July 13, 1999 done in the City of Palm Desert, the City would have to undertake preparation of a State Approved Golf Cart Plan. There would need to be a number of public meetings to decide what the City wants and believes is appropriate. Following this process the plan is sent to the State for their review and at that time the California Highway Patrol would become involved. After it has been approved by the State, street striping can begin. Without this type of plan, a golf cart cannot cross a street that has a speed limit of 45 mph or greater. In regard to the location of the tunnel it could be put across from Lot 27. The applicant has indicated the cost may be as much as three quarters of a million dollars. Commissioner Robbins asked how golf cart travel could be allowed on Westward Ho at Jefferson Street. Staff stated that Jefferson Street presently has a 35 mph speed limit. With the street widening, the City will be enacting some plans to accommodate this access. If the speed limit is posted for more than 45 mph they would not be able to have golf cart crossing without a State approved plan. 4. Commissioner Abels asked when the golf cart crossing at Westward Ho and Jefferson Street will be addressed during the Jefferson Street widening. Staff stated it would not be considered until Phase 2 or 3. Commissioner Robbins asked what the speed limit currently was on Madison Street. Staff stated it was probably 50 mph or more. By the time Madison Street is built out to its ultimate condition as an Arterial Street with a raised median, speeds will not be under 50 mph. 6. Commissioner Butler asked that in comparing costs for both forms, the tunnel and a State Approved Golf Cart Plan, does one balance out the other by the time you have to acquire land and make street improvements? Staff stated that on this street there are a couple of options. Currently, there is an equestrian path required along the east side of Madison Street and the need is diminishing. Therefore, this area could be used or it could be a shared path. The street is wide enough for parking lanes and the City could stripe a bike and golf car lane. 7. Commissioner Butler stated that at some point they will have to cross Madison Street. Staff noted it would be a signalized intersection. KSL has been proposing to put an access gate through the wall at Airport Boulevard and that is where the golf carts would cross. CAMy Documents\WPDOCS\PC7-13-99.wpd 4 IL Planning Commission Minutes July 13, 1999 8. Community Development Director Jerry Herman stated the Norman Course is not a part of PGA West. It is a separate specific plan and this condition only applies to this development unless the applicant wishes to combine the two specific plans. The condition is written to allow some options to KSL regarding access between the two courses. A golf cart plan is subject to staff review and approval. It the City Council determines not to prepare such a plan, then the only other option to KSL is to construct a tunnel. Public safety and not cost, is the concern of the City. If the applicant wants either option, it is at their cost to develop it. 9. Commissioner Butler stated his concern is that they are approving a plan that could be a safety concern. Staff stated it is a concern that has to be addressed by the applicant if they wish to connect the two courses. 10. Chairman Kirk noted staff had stated this will not cause a serious health . concern. Senior Engineer Steve Speer stated that in the staff report, there is a finding for public health which presumes compliance with State law. The exception to meeting this finding is the Vehicle Code as there are safe ways of doing it. Community Development Director Jerry Herman stated that in other words the Planning Commission cannot grant an at grade crossing to this developer to connect the two projects. A condition can be added to allow them flexibility to achieve this if they desire to do so. 11. Commissioner Tyler stated his concerns about the crossings and he believes people will go back and forth between the two courses. It is up to the Commission to recognize this and provide solutions. Condition #41 does not give the applicant any options. He asked if a bridge was possible. It would eliminate several of the cost factors. The applicant needs to be given direction as to what he can do, tunnel or bridge. Staff stated the recommended condition was worded so that if a State Approved Golf Cart Plan is not approved, the only option to the applicant is to construct a tunnel. 12. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Chevis Hosea, representing KSL Land Corporation, stated they were planning to develop a State Approved Golf Cart Plan as there is a need for such a plan as you cannot now cross the street with a golf cart. They would like to have access to this course from PGA West, but do not want to go to the cost of constructing a bridge or tunnel. A bridge is not really an option because more ground would be needed as well as earthquake issues and Caltrans requirements make is cost prohibitive. 0ti® CAMy Documents\WPDOCS\PC7-13-99.wpd 5 Planning Commission Minutes July 13, 1999 13. Commissioner Tyler asked about the Caltrans requirement. Mr. Hosea stated that by the time you ramp up to meet their height clearance the bridge would be very long. 14. Commissioner Butler stated his concern about golf carts crossing Madison Street. His concern is that a crossing and/or State approved plan is setting a precedent for the development in that area. Mr. Hosea stated it would be an unfair burden to impose a requirement on them to provide a tunnel for access. They would agree to continue working with the City to obtain a surface crossing. 15. Commissioner Tyler asked about the golf cart crossing on Park Avenue. Mr. Hosea stated there have been no safety issues that he is aware of and it is highly used. Commissioner Tyler stated the speed limit at this location is only 30-35 mph. He asked if the applicant would agree with the condition requiring a tunnel or State approved plan. Mr. Hosea stated he had no objection to the State approved plan. 16. Commissioner Butler asked if he knew what the cost difference would be between having a State approved plan which could include the taking of land and street improvements, versus constructing a tunnel. Mr. Hosea stated the last time they priced the cost of constructing a tunnel it was about $700,000. Street crossing estimates were approximately $100,000. 17. Commissioner Tyler stated a State plan is not unique to the KSL area, but is a City-wide concern. Mr. Hosea stated this is a semi -private course, .so a lot of the use will be hotel guests, etc., who would be driving to the course. 18. Commissioner Robbins asked if the homeowners of this course would be members of PGA West. Mr. Hosea stated it is a potential, they are not required to buy, but must own property to buy amenities. 19. Chairman Kirk asked staff if a State approved plan could be prepared for one section of the City with a developers participation. Senior Engineer Steve Speer stated there was no requirement to do a City-wide plan, but only if the Council decided to do so. 20. There being no further questions of the applicant, Chairman Kirk asked if anyone else would like to speak on this issue. Mr. Dan Shepardson, 54-839 Shoal Creek, member of the PGA West Masters Association, stated he disagreed with the applicant's cost estimates for the cost of constructing a tunnel. They had a estimate of only $200,000. A member should not have to get into their car or cross a busy street to play golf. The prior developer had three tunnels built into the original plans. CAMy Documents\WPDOCS\PC7-13-99.WPd 6 Planning Commission Minutes July 13,1999 21. Ms. Kelly MacGalliard, representing PGA West Residential Homeowners' Association Res #1, stated their membership consisted of 1299 homeowners who had all voted in favor of the tunnel as they believed it will be the safest route for them to utilize. 22. There being no further questions of the applicant, Chairman Kirk.closed the public participation portion of the hearing and opened it to Commission discussion. 23. Commissioner Abels stated he was in favor of the tunnel and he believed it should be required. 24. Commissioner Robbins stated he too agreed. A lot of golf courses can create a lot of surface traffic and safety is the concern. 25. Commissioner Butler stated he too supports the tunnel in light of the safety factor and number of people in that area. 26. Commissioner Tyler stated he had mixed emotions and wished the State Approved Golf Cart Plan were in place. The alternative is to have a plan that the developer can accomplish. 27. Chairman Kirk asked staff if they knew the cost of constructing a tunnel. Staff stated they did not have any research available on tunnel costs. There is however, a tunnel under construction on Miles Avenue, in the County, for the new tennis complex and it is a sizeable undertaking and it will be expensive. A tunnel on Madison Street would be expensive as they would not be able to divert traffic to construct it which would make it more expensive. 28. Commissioner Tyler suggested the following wording for Condition #41: "The applicant shall provide a suitable tunnel under Madison Street to accommodate golf cart transportation between Tentative Tract 29347, 29348, and 29349, The Greg Norman Course development, and the existing PGA West campus on the west side of Madison Street. 29. City Attorney Dawn Honeywell stated the City does not have a provision to require a condition to cross from one tract map to another. If a tunnel is what the Commission wants to act as the joint access from one tract to another, the existing condition could be used with the deletion of the words: "State Approved Golf Cart Plan." 54 30. Community Development Director Jerry Herman stated this is a specific plan and PGA West is its own specific plan and there is no nexus between them. It is a private decision whether the two will have access to each other and not CAMy Documents\WPDOCS\PC7-13-99.wpd 7 0 n, .7 Planning Commission Minutes July 13, 1999 mandatory from the City's standpoint. It then becomes an issue that if they want to provide an access, then they must construct a tunnel. If they do not want access, the access becomes via vehicles. It is a private decision of the developer of the golf course. 31. Commissioner Robbins asked if using Airport Boulevard would make a difference. Senior Engineer Steve Speer stated Airport Boulevard will have the same requirements due to the speed limit. 32. Chairman Kirk asked if there was any example for off -site improvements which are done elsewhere. City Attorney Dawn Honeywell stated the City does not have a development standard that requires tunnels for golf courses. 33. There being no further discussion, it was moved and seconded by Commissioners Butler/Tyler to adopt Planning Commission Resolution 99- 053 recommending approval of Tentative Tract Map 29347, as modified: a. Condition #: 41: Add, "Under Madison Street and/or Airport Boulevard" and delete "State Approved Golf Cart Plan." 34. Commissioner Robbins stated that if this condition is approved as written and later a State approved plan is adopted that allows golf carts on Madison Street or Airport Boulevard, the City would not be able to prohibit the residents from using the golf cart path on these streets. Staff stated that was correct. 35. City Attorney Dawn Honeywell stated the purpose of writing the condition in this manner is to point out to the developer the options available to him. 36. Commissioner Butler stated that even with a golf cart plan, the area would still be unsafe due to the amount of traffic in this rural area. Community Development Director Jerry Herman suggested adding to the condition: "West of Madison Street or south of Airport Boulevard..... Under Madison Street or Airport Boulevard......." 37. It was moved and seconded by Commissioners Abels/Robbins to adopt Planning Commission Resolution 99-053 recommending approval of Tentative Tract 29347 with deletion of the word "golf' and the addition of "Airport Boulevard" as an alternative street, and add "City directed State Approved Golf Cart Plan." 38. Commissioner Butler stated he did not want a golf cart plan. The applicant has mentioned he is going to use the equestrian trails for the golf cart path. In his opinion the tunnel is still the safest. 0,73 AV CAMy Documents\WPDOCS\PC7-13-99.Wpd 8 Planning Commission Minutes July 13, 1999 39. Commissioner Tyler stated he has been following these golf cart plans and they have been highly successful. 40. Chairman Kirk asked legal counsel if they should vote on the second motion first and if approved the first motion is void. He restated the condition: a. Condition #41: "If a golf cart access is desired between the homes in this tract and the facilities within the PGA West campus west of Madison Street or south across Airport Boulevard, the access route shall be either a tunnel under Madison Street or Airport Boulevard, or a City directed State Approved Golf Cart Plan." ROLL CALL: AYES: Commissioners Abels, Tyler and Chairman Kirk. NOES: . Commissioner Butler, Robbins ABSENT: None. ABSTAIN: None. 42. There being no further discussion, it was moved and seconded by Commissioners Abels/Robbins to adopt .Planning Commission Resolution 99-054 recommending approval of Tentative Tract Map 29348, as modified: a. Condition 941: "If a golf cart access is desired between the homes in this tract and the facilities within the PGA West campus west of Madison Street or south across Airport Boulevard, the access route shall be either a tunnel under Madison Street or Airport Boulevard, or a City directed State Approved Golf Cart Plan." ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 43. There being no further discussion, it was moved and seconded by Commissioners Robbins/Abels to adopt Planning Commission Resolution 99-055 recommending approval of Tentative Tract Map 29349, as modified: a. Condition #41: "If a golf cart access is desired between the homes in this tract and the facilities within the PGA West campus west of Madison Street or south across Airport Boulevard, the access route shall be either a tunnel under Madison Street or Airport Boulevard, or a City directed State Approved Golf Cart Plan." 44. Commissioner Tyler asked if the applicant was required to build equestrian trails as part of the tract. Staff stated they are required to build the trail. ROLL CALL: AYES: Commissioners Abels, Tyler and Chairman Kirk. NOES: Commissioners Butler and Robbins. ABSENT: None. ABSTAIN: None. 5- 4 v' 4v CAMy Documents\WPD0CS\PC7-13-99.wpd 9 ATTACHMENT #3 PGA 'WEST MEMBERS ASSOCIATION Post Office Box 9 1688 La Quinta, CA 92253 Board of Directors July 5, 1999 City of La Quinta Planning Commission 78-495 Calle Tampico La Quinta, Ca. 92253 Mr. Jerry Herman: o j& -1 This letter is in reference to the Notice of Public Hearing; to be held on July 13, 1999 pn items: Tentative 'Tracts (11) 29347, 29348, and 29349. While the PGA West Members Association has no issue with the subdivision into single family dwellings per se', we do have a significant concern regarding golf cart access to and from this tract and the adjoining Chef; Norman Golf Course. Attached for your referenec is a letter directed to the City Clcrk and the City Council enumerating our specific concerns. it should be understood that the occupants of The proposed single family hornes in the aforementioned tracts must have access to the other golf courses, clubhouses, fttness/terutis facility, etc. all of which are located on tltc other side of Madison Avenue from where their homes will be. In our view, golf cart access across the surface of Madison Avenue is a huge risk, if not illegal. 11 is inevitable if such a scheme were approved, that a major accident would occur. The only viable solution is it) put a tunnel under Madison Avenue. 'There is certainly precedent for this mode of access, it provides consistent planning and, above all, is. the logical solution. KST, should realire their responsibility and do the right thing. We would ask that this access topic be a part ol'your discussion on .ittly 13 belore approval is granted for these tracts. Please circulate this letter and the accompanying letter to all interested parties. Thank you ill advance for your careful consideration of this important matter. Sincerely, �41) Chuck Otto President, PCiA West Members Association �4;i 0 5 RECEIVED FROM: P . 01 RECEWi JUL - 7 1999 PGA WEST MASTER ASSOCIATION, INC. P. 0. BOX 1516 LA QUINTA CA 92253 (760)776-5100 Fax 776-5111 July 6, 1999 Mr. Robert Tyler, Chairman Members of the Planning Commission City of La Quinta, California 78-495 Calle Tampico La Quinta CA 92253 Dear Mr. Tyler: Please be advised that the PGA WEST Master Association, PGA WEST Residential Association and PGA WEST II Residential Association are deeply concerned about golf cart access to and from the Greg Norman Golf and Residential Communities that will become a part of the PGA WEST Community. As you are aware, Madison Street, a major traffic artery in our City, separates the Greg Norman Area from the main PGA WEST Community. While there has been some planning for surface cart crossings of Madison and Airport to the Norman Area, we are assuming that this proposal will not be approved by the City, nor will it be approved by the Master Association, which has responsibility for peripheral wall security in PGA WEST. We urge you to require that tunnel access across Madison be provided by the Master Developer (KSL) as part of the conditions of approval for those Tentative maps (29347, 29348, and 29349) presently under your consideration, for lotting the Norman Residential Area. There is significant precedent for tunnel access across major and minor roadways in our community. Jefferson crossing at the Citrus Course, Madison crossing at PGA WEST, as well as 3 internal collector street crossings with the PGA WEST Community. The original Specific Plan for PGA WEST stated the following criteria: 'Design a circulation system that is safe, efficient, and one that encourages pedestrian/golf cart usage. " (Italics added) Two areas of PGA WEST are presently connected for golf cart use by tunnel under Madison Street, as well as the interior tunnels in the main project area, which reduce the auto trips otherwise required to access clubhouses, fitness center, and other facilities on the main portion of the property that are .for the use of all PGA WEST members. Mr. Robert Tyler, Chairman July 6, 1999 — Page Two We have heard that the Master Developer (KSL) considers tunnels cost prohibitive, however they have always understood that cost and good planning sometimes conflict. Cost did not impeded the original PGA WEST Developer (Landmark) from providing tunnels. The one hundred eighty home sites on the Norman property will not have access to the various Club facilities, except by automobile unless a tunnel is placed under Madison Street. A Planned Development such as ours, allows for certain relaxation of rigid planning principles (wider streets, sidewalks, street lights, etc.) in an effort to attain a well thought out sense of community for its residents. Good planning principles for a homogeneous golf course community certainly require that golf cart traffic be able to move freely throughout the community without major road crossings. Having some members not able to travel inter community, except by auto, is not only poor planning, but may cause serious traffic, safety and security issues for PGA WEST. Preventing access by golf carts to the Norman Course would not be in keeping with good planning principles for a first class Resort Community such as PGA WEST. This is an important issue to the members of the PGA WEST Community, including the Master, Residential, Residential II and Member Associations. The project when completed is going to be here long after the Master Developer and Merchant Builders have left. PGA WEST was, is and always will be contemplated as a premier golfing and residential resort, and as such, requires tunnel access to all three project areas, not just two. We urge you to require tunnel access from the project area west of Madison Street to the Norman Course neighborhood. Thank you for your serious attention to this matter and we trust that you will make the appropriate findings in you deliberations for the subject approvals. Sincerely, PGA WEST MASTER ASSOCIATION, INC. By rt resient . Foulk, President Cc: Board of Directors — PGA WEST Master Association Board of Directors — PGA WEST Residential Association Board of Directors — PGA WEST II Residential Association Chuck Otto, President — PGA WEST Members Association T4ht 4 4 Qu&& COUNCIL/RDA MEETING DATE: August 3, 1999 ITEM TITLE: Public Hearing on Tentative Tract 29349, a Request for a Residential Subdivision of 92 Single Family Lots on 32 ± Net Acres Located on the North Side of Airport Boulevard, East of Madison Street, Within the Norman Course. Applicant: KSL Land Corporation RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving Tentative Tract 29349, subject to the Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Project History In December, 1991, the City Council approved Specific Plan 90-015, of which this tract is a part (Attachment 1). An amendment to the specific plan, approved by the City Council on December 1, 1998, retained the 18 hole golf course, reduced the maximum dwelling units from 1,060 to 365, revised the layout and circulation, and amended development standards. Currently, the golf course is under construction on the entire specific plan site on the north side of Airport Boulevard, between Madison Street and Monroe Street. Tentative Tract 29136, approved in May, 1999, subdivided the specific plan site into large lots. The tract created 15 residential area lots for future development, five golf course lots, one lot each for the maintenance yard, clubhouse lot, and miscellaneous lots for streets, common areas, and water well sites. A:\stan\tt 29349 cc rpt.WPD Environmental Considerations Tentative Tract 29349 is within Specific Plan 90-015. This project is exempt from the California Environmental Quality Act of 1970, as amended, per Public Resources Code Section 65457 (a). An Environmental Impact Report (Ea 90-159 for SP 90-015) was certified on December 3, 1991, by the City Council. An Environmental Assessment Addendum to the previously approved Environmental Impact Report was completed for Amendment #1 which was approved by the City Council on December 1, 1998. No changed circumstances or conditions exist which would trigger the preparation of a subsequent Environmental Impact Report pursuant to Public Resources Code 21166. Zoning of Site RL (Low Density Residential). General Plan Designation of Site Low Density Residential (LDR) Surrounding Zoning and Land Uses North: RL With Equestrian Overlay / vacant. South: RL / Vacant residential (PGA West extension). East: RL / Vacant residential and golf course under construction. West: RI / residential (PGA West). Project Request This Map utilizes Lots 1 through 7 of the westerly portion of Tentative Tract 29136 to create 92 single family lots, varying from 14,025 to 23,354 square feet (average 15,135 square feet) in size (Attachment 1). The majority of the lots are 85 feet wide and 165 feet deep, with most of the lots backing up to the golf course. These lots are adjacent to Madison Street, and the westerly portion adjacent to Airport Boulevard and the north property line. Planning Commission Review On July 13, 1999, the Planning Commission reviewed this map request (Attachment 2). Discussion occurred regarding access between the subject area (including the entire specific plan area) and PGA West across Madison Street and the new golf course across Airport Boulevard to the south. Prior to the Planning Commission hearing, staff received letters from two of the PGA West homeowner associations A:\stan\tt 29349 cc rpt.WPD requesting that a tunnel under Madison Street be required, rather than allowing an at - grade crossing on Madison Street (Attachment 3). The Planning Commission adopted Resolution 99-055, recommending approval of Tentative Tract 29349, subject to the Findings and Conditions, amending Condition #41 regarding golf cart access, as follows: "If a golf cart access is desired between the homes in this tract and the facilities within the PGA West campus west of Madison Street or south across Airport Boulevard, the access route shall be either a tunnel under Madison Street or Airport Boulevard, or a City directed State approved golf cart plan". Public Notice The application was advertised in the Desert Sun newspaper on July 23, 1999. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required by the La Quinta Municipal Code. As of this writing, no written comments have been received for the City Council hearing. Public Agency Review All applicable agency comments received have been made part of the Conditions of Approval. FINDINGS AND ALTERNATIVES: Findings needed to approve Tentative Tract Map 29349 can be made as noted in the attached Resolution. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving Tentative Tract 29349, subject to the Findings and Conditions of Approval; or 2. Do not approve Tentative Tract Map 29349; or 3. Provide staff with alternative direction. r- 00 A:\stan\tt 29349 cc rpt.WPD Respectfully submitted, man, CGbmmunity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Location Map 2. Planning Commission minutes for the meeting of July 13, 1999 (excerpt) 3. PGA West Members Association letter dated July 5, 1999, and PGA West Master Association dated July 6, 1999 4. Tentative Tract Map (City Council only) A:\stan\tt 29349 cc rpt.WPD RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO ALLOW A SUBDIVISION OF 32 ± ACRES INTO 92 SINGLE FAMILY LOTS CASE NO.: TT 29349 APPLICANT: KSL LAND CORPORATION WHEREAS, the City Council of the City of La Quinta, California, did on the 3rd day of August, 1999, hold a duly noticed Public Hearing to consider the request of KSL LAND CORPORATION for approval of a Tentative Tract Map to subdivide 32 ± acres into 92 single family lots, located on the north side of Airport Boulevard, east of Madison Street, within the Norman Course, more particularly described as: APN: Portions of 767-330-017 through 22, and 025 WHEREAS, said Tentative Tract Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63). The La Quinta Community Development Department has determined that Tentative Tract 29349 is within Specific Plan 90-015 and is exempt from the California Environmental Quality Act of 1970, as amended, per Public Resources Code Section 65457 (a). An environmental impact report (EA 90-159 for SP 90-015) was certified on December 3, 1991, by the City Council. An Environmental Assessment Addendum to the previously approved environmental impact report was completed for Amendment #1 which was approved by the by the City Council on December 1, 1998. No changed circumstances or conditions exist which would trigger the preparation of a subsequent environmental impact report pursuant to Public Resources Code 21 166; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 131h day of July, 1999, hold a duly noticed Public Hearing to consider the request of KSL LAND CORPORATION for approval of said Tentative Tract Map and recommended approval by adoption of Resolution 99-055; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings of approval to justify approval of said Tentative Tract Map 29349: 1. The proposed map and its design and improvement is consistent with the General Plan and applicable Specific Plan in that the lots are intended and designated for Low Density Residential use. The development of the lots will p:\ tt 29349 cc res Resolution 99- Tentative Tract 29349 comply with applicable development standards such as setbacks, height restrictions, density, etc. 2. The design of the subdivision and proposed improvements are not likely to cause environmental damage or substantially and avoidably injure fish, or wildlife, since the project is primarily surrounded by development, or other urban improvements, and mitigation is required by the previous Environmental Impact Report and Mitigated Negative Declaration. 3. The design of the subdivision and proposed improvements are not likely to cause serious public health problems due to imposed conditions. 4. The design of the proposed map will not conflict with easements acquired by the public at large, for access through, or use of, property within the proposed Map since none presently exist. WHEREAS, in the review of this Tentative Tract Map, the City Council has considered, the effect of the contemplated action on housing needs of the region for purposes of balancing those needs against the public service needs of the residents of the City of La Quinta and its environs with available fiscal and environmental resources; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does approval Tentative Tract Map 29349 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of August, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: J J ,� p:\ tt 29349 cc res i v0 Resolution 99- Tentative Tract 29349 JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JOHOLA, City Clerk City of La Quinta, California DAWN C. HONEYWELL, City Attorney City of La Quinta, California 5J p:\ tt 29349 cc res RESOLUTION 99- CONDITIONS OF APPROVAL- RECOMMENDED TENTATIVE TRACT MAP 29349 KSL LAND CORPORATION AUGUST 3, 1999 CONDITIONS OF APPROVAL GENERAL 1. Upon City Council approval, a memorandum noting that City Conditions of Approval for development applications exist and are available for review at City Hall, shall be recorded against the property with the Riverside County Recorder's office. 2. The subdivider agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this tentative map or any final map thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 3. Tentative Tract Map 29349 shall comply with the requirements and standards of § § 66410 through 66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC). This map approval shall expire and become null and void at the end of two years after City Council approval unless an extension of time is granted pursuant to City requirements. 4. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (per their letter of June 17,1999 on file in Community Development Department) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) p:\tt 29349 cc coa RESOLUTION 99-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29349 AUGUST 3, 1999 The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the Notice of Intent received from the CWQCB prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. 5. The applicant shall comply with the terms and requirements of the infrastructure fee program in effect at the time of issuance of building permits. PROPERTY RIGHTS 6. The applicant shall process and record a final map for the underlying Tentative Tract Map 29136 prior to approval of any final map under this tentative map. 7. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 8. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval of this tentative map by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. FINAL MAP(S) AND PARCEL MAP(S) 9. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. v�v p:\tt 29349 cc coa RESOLUTION 99-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29349 AUGUST 3, 1999 If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 10. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading" and "Precise Grading." Rough grading plans shall have signature blocks for the City Engineer. Precise grading plans shall have signature blocks for Community Development Director and the Building Official. Plans are not approved for construction until they are signed. 11. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. IMPROVEMENT AGREEMENT 12. Beneficial use of the lots shown on this tentative map depends on construction of improvements required of the underlying Tentative Tract 29136 in and adjacent to the westerly half of that map. 13. The applicant shall construct improvements and/or satisfy obligations required of this tentative map, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations prior to approval of a final map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 14. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. .-J ,t 010 , ,) p:\tt 29349 cc coa RESOLUTION 99-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29349 AUGUST 3, 1999 Estimates for utilities and other improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or Television cable improvements. However, development -wide improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 15. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan or in an improvement agreement, the City shall have the right to halt issuance of building permits or final building inspections, withhold other approvals related to the development of the project or call upon the surety to complete the improvements. GRADING 16. This development shall comply with Chapter 8.11 of the LQMC (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish certifications as required by FEMA that the above conditions have been met. 17. The applicant shall furnish a preliminary geotechnical ("soils") report and a grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. The plan must be approved by the City Engineer prior to issuance of a grading permit. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 18. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 19. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three 3 p:\tt 29349 cc coa V 1 J1 RESOLUTION 99-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29349 AUGUST 3, 1999 feet except for lots within a tract or parcel map, but not sharing common street frontage, where the differential shall not exceed five feet. If compliance with this requirement is impractical, the City will consider and may approve alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 20. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a Fugitive Dust Control plan prepared in accordance with Chapter 6.16, LQMC. The applicant shall furnish security, in a form acceptable to the City, in an amount sufficient to guarantee compliance with the provisions of the permit. 21. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 22. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. DRAINAGE 23. Stormwater handling shall conform with the approved hydrology and drainage plan for Specific Plan 90-015. Nuisance water shall be disposed of in an approved method. UTILITIES 24. Existing aerial lines and all proposed utilities within or adjacent to the proposed development shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. 25. Utilities shall be installed prior to overlying hardscape. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. 012 p:\tt 29349 cc coa RESOLUTION 99-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29349 AUGUST 3, 1999 STREETS AND TRAFFIC 26. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the tract or when directed by the City, whichever comes first. LANDSCAPING AND WALLS 27. Perimeter walls are a condition of the underlying Tentative Tract 29136. Unless the applicant has received approval of a wall phasing plan to the contrary, final occupancy of homes within this tentative tract shall not occur until those walls are completed along the north, south and west boundaries of the westerly half of that tentative tract. QUALITY ASSURANCE 28. The applicant shall employ construction quality assurance measures which meet the approval of the City Engineer. 29. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 30. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans, specifications and applicable regulations. 31. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all public improvement plans which were signed by the City Engineer. Each sheet shall be clearly marked "Record Drawings," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. tj 013 p:\tt 29349 cc coa RESOLUTION 99-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29349 AUGUST 3, 1999 FEES AND DEPOSITS 32. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. FIRE MARSHAL 33. Prior to issuance recordation of final map, applicant/developer shall furnish one blue line copy of the water system plans to the Fire Department for review/approval. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet fire flow requirements. Plans shall be signed/approved by a registered Civil Engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department". 34. Fire hydrants in accordance with CVWD standard W-33 shall be located at each street intersection spaced not more than 330 feet apart in any direction with no portion of any lot frontage more than 165 feet from a fire hydrant. Minimum fire flow shall be 1000 gpm for a two hour duration at 20 psi. Blue dot reflectors shall be mounted in the middle of streets directly in line with fire hydrants. 35. The required water system, including fire hydrants will be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 36. A temporary water supply for fire protection may be allowed for the construction of the models only. Plans for a temporary water system must be submitted to the Fire Department for review prior to issuance of building permits. 37. Gates installed to restrict access shall be power operated and equipped with a Fire Department override system consisting of Knox Key operated switches, Series KS-2P with dust cover, mounted per recommended standard of the Knox Company. Improvement plans for the entry street and gates shall be submitted to the Fire Department for review/approval prior to installation. p:\tt 29349 cc coa RESOLUTION 99-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29349 AUGUST 3, 1999 38. Applicant/developer will provide written certification from the appropriate water company that the required fire hydrant(s) are either existing or that financial arrangements have been made to provide them. MISCELLANEOUS 39. Development of residences shall comply with the provisions of specific plan 90- 015. 40. Residential prototype dwelling units and front yard landscaping plans shall be approved by the Planning Commission pursuant to City requirements. 41. If a golf cart access is desired between the homes in this tract and the facilities within the PGA West campus west of Madison Street or south across Airport Boulevard, the access route shall be either a tunnel under Madison Street or Airport Boulevard, or a City directed State approved golf cart plan. 01 p:\tt 29349 cc coa 54th AVENUE Z AIRPOR7BLLVD. a TRACT NO. 29347 58th AVENUE CASE MAP ATTACHMENT #1 TRACT NO, 29348 • TRACT NO, 29347 CASE No. TENTATIVE TRACT 29349 KSL LAND CORP. I NORTH SCALE: NTS J17 ATTACHMENT #2 Planning Commission Minutes July 13, 1999 8. There being no further discussion, it was move seconded by Commissioners AbelsButler to adopt Plannin�C' fission Resolution 99- 051 recommending to the City Counciea, Tentative Tract Map 29283 subject to the Findings and Co of Approval as modified. ROLL CALL: AYES: Conunission%evgbels, Butler, Robbins, Tyler, and Chairman 11 Kirk. NOES: No ABSENT: None. ABSTAIN: None. There being n,5015ither discussion, it was moved and seconded by con:issio AbelsButler to adopt Planning Commission Resolution 99- 052 re ending approval of Tentative Tract Map 29306, as modified: Condition #44 deleted. FFPPT"Commissioners Abels, Butler, Robbins, Tyler and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. Chairman Kirk asked for the staff report for Items "C", "D", and "E". C. Tentative Tract 29347; a request of KSL Land Corporation for recommendation for approval to subdivide 60+ acres into 39 single family lots, a golf course lot and miscellaneous lots located on the west side of Monroe Street, north of Airport Boulevard, within the Norman Golf Course at PGA West. D. Tentative Tract 29348; a request of KSL Land Corporation for recommendation for approval to subdivide 19.3+ acres into 58 single family lots, located on the north side of Airport Boulevard, midway between Madison Street and Monroe Street within the Norman Golf Course at PGA West. E. Tentative Tract 29349; a request of KSL Land Corporation for recommendation for approval to subdivide 32+ acres into 92 single family lots, a golf course lot and miscellaneous lots located on the north side of Airport Boulevard, east of Madison Street within the Norman Golf Course at PGA West. 1. Principal Planner Stan Sawa presented the information contained in the staff reports, copies of which are on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Robbins asked staff to explain a State Approved Golf Cart Plan. Commissioner Butler asked staff to explain where the tunnel would be constructed. Senior Engineer Steve Speer stated that if the City wanted to pursue golf cart lanes and crossing on City streets similar to what has been r ...�i.3''1 018 CAMy Documents\WPD0CS\PC7-13-99.wpd 3 Planning Commission Minutes July 13, 1999 done in the City of Palm Desert, the City would have to undertake preparation of a State Approved Golf Cart Plan. There would need to be a number of public meetings to decide what the City wants and believes is appropriate. Following this process the plan is sent to the State for their review and at that time the California Highway Patrol would become involved. After it has been approved by the State, street striping can begin. Without this type of plan, a golf cart cannot cross a street that has a speed limit of 45 mph or greater. In regard to the location of the tunnel it could be put across from Lot 27. The applicant has indicated the cost may be as much as three quarters of a million dollars. 3. Commissioner Robbins asked how golf cart travel could be allowed on Westward Ho at Jefferson Street. Staff stated that Jefferson Street presently has a 35 mph speed limit. With the street widening, the City will be enacting some plans to accommodate this access. If the speed limit is posted for more than 45 mph they would not be able to have golf cart crossing without a State approved plan. 4. Commissioner Abels asked when the golf cart crossing at Westward Ho and Jefferson Street will be addressed during the Jefferson Street widening. Staff stated it would not be considered until Phase 2 or 3. 5. Commissioner Robbins asked what the speed limit currently was on Madison Street. Staff stated it was probably 50 mph or more. By the time Madison Street is built out to its ultimate condition as an Arterial Street with a raised median, speeds will not be under 50 mph. 6. Commissioner Butler asked that in comparing costs for both forms, the tunnel and a State Approved Golf Cart Plan, does one balance out the other by the time you have to acquire land and make street improvements? Staff stated that on this street there are a couple of options.. Currently, there is an equestrian path required along the east side of Madison Street and the need is diminishing. Therefore, this area could be used or it could be a shared path. The street is wide enough for parking lanes and the City could stripe a bike and golf car lane. 7. Commissioner Butler stated that at some point they will have to cross Madison Street. Staff noted it would be a signalized intersection. KSL has been proposing to put an access gate through the wall at Airport Boulevard and that is where the golf carts would cross. CAMy Documents\WPDOCS\PC7-13-99.wpd 4 ` 1 9 Planning Commission Minutes July 13, 1999 8. Community Development Director Jerry Herman stated the Norman Course is not a part of PGA West. It is a separate specific plan and this condition only applies to this development unless the applicant wishes to combine the two specific plans. The condition is written to allow some options to KSL regarding access between the two courses. A golf cart plan is subject to staff review and approval. It the City Council determines not to prepare such a plan, then the only other option to KSL is to construct a tunnel. Public safety and not cost, is the concern of the City. If the applicant wants either option, it is at their cost to develop it. 9. Commissioner Butler stated his concern is that they are approving a plan that could be a safety concern. Staff stated it is a concern that has to be addressed by the applicant if they wish to connect the two courses. 10. Chairman Kirk noted staff had stated this will not cause a serious health . concern. Senior Engineer Steve Speer stated that in the staff report, there is a finding for public health which presumes compliance with State law. The exception to meeting this finding is the Vehicle Code as there are safe ways of doing it. Community Development Director Jerry Herman stated that in other words the Planning Commission cannot grant an at grade crossing to this developer to connect the two projects. A condition can be added to allow them flexibility to achieve this if they desire to do so. 11. Commissioner Tyler stated his concerns about the crossings and he believes people will go back and forth between the two courses. It is up to the Commission to recognize this and provide solutions. Condition #41 does not give the applicant any options. He asked if a bridge was possible. It would eliminate several of the cost factors. The applicant needs to be given direction as to what he can do, tunnel or bridge. Staff stated the recommended condition was worded so that if a State Approved Golf Cart Plan is not approved, the only option to the applicant is to construct a tunnel. 12. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Chevis Hosea, representing KSL Land Corporation, stated they were planning to develop a State Approved Golf Cart Plan as there is a need for such a plan as you cannot now cross the street with a golf cart. They would like to have access to this course from PGA West, but do not want to go to the cost of constructing a bridge or tunnel. A bridge is not really an option because more ground would be needed as well as earthquake issues and Caltrans requirements make is cost prohibitive. r; U ti CAMy Documents\WPDOCS\PC7-13-99.wpd 5 Planning Commission Minutes July 13, 1999 13. Commissioner Tyler asked about the Caltrans requirement. Mr. Hosea stated that by the time you ramp up to meet their height clearance the bridge would be very long. 14. Commissioner Butler stated his concern about golf carts crossing Madison Street. His concern is that a crossing and/or State approved plan is setting a precedent for the development in that area. Mr. Hosea stated it would be an unfair burden to impose a requirement on them to provide a tunnel for access. They would agree to continue working with the City to obtain a surface crossing. 15. Commissioner Tyler asked about the golf cart crossing on Park Avenue. Mr. Hosea stated there have been no safety issues that he is aware of and it is highly used. Commissioner Tyler stated the speed limit at this location is only 30-35 mph. He asked if the applicant would agree with the condition requiring a tunnel or State approved plan. Mr. Hosea stated he had no objection to the State approved plan. 16. Commissioner Butler asked if he knew what the cost difference would be between having a State approved plan which could include the taking of land and street improvements, versus constructing a tunnel. Mr. Hosea stated the last time they priced the cost of constructing a tunnel it was about $700,000. Street crossing estimates were approximately $100,000. 17. Commissioner Tyler stated a State plan is not unique to the KSL area, but is a City-wide concern. Mr. Hosea stated this is a semi -private course, .so a lot of the use will be hotel guests, etc., who would be driving to the course. 18. Commissioner Robbins asked if the homeowners of this course would be members of PGA West. Mr. Hosea stated it is a potential, they are not required to buy, but must own property to buy amenities. 19. Chairman Kirk asked staff if a State approved plan could be prepared for one section of the City with a developers participation. Senior Engineer Steve Speer stated there was no requirement to do a City-wide plan, but only if the Council decided to do so. 20. There being no further questions of the applicant, Chairman Kirk asked if anyone else would like to speak on this issue. Mr. Dan Shepardson, 54-839 Shoal Creek, member of the PGA West Masters Association, stated he disagreed with the applicant's cost estimates for the cost of constructing a tunnel. They had a estimate of only $200,000. A member should not have to get into their car or cross a busy street to play golf. The prior developer had three tunnels built into the original plans. CAMy Documents\WPDOCS\PC7-13-99.wpd 6 Planning Commission Minutes July 13, 1999 21. Ms. Kelly MacGalliard, representing PGA West Residential Homeowners' Association Res #1, stated their membership consisted of 1299 homeowners who had all voted in favor of the tunnel as they believed it will be the safest route for them to utilize. 22. There being no further questions of the applicant, Chairman Kirk.closed the public participation portion of the hearing and opened it to Commission discussion. 23. Commissioner Abels stated he was in favor of the tunnel and he .believed it should be required. 24. Commissioner Robbins stated he too agreed. A lot of golf courses can create a lot of surface traffic and safety is the concern. 25. Commissioner Butler stated he too supports the tunnel in light of the safety factor and number of people in that area. 26. Commissioner Tyler stated he had mixed emotions and wished the State Approved Golf Cart Plan were in place. The alternative is to have a plan that the developer can accomplish. 27. Chairman Kirk asked staff if they knew the cost of constructing a tunnel. Staff stated they did not have any research available on tunnel costs. There is however, a tunnel under construction on Miles Avenue, in the County, for the new tennis complex and it is a sizeable undertaking and it will be expensive. A tunnel on Madison Street would be expensive as they would not be able to divert traffic to construct it which would make it more expensive. 28. Commissioner Tyler suggested the following wording for Condition #41: "The applicant shall provide a suitable tunnel under Madison Street to accommodate golf cart transportation between Tentative Tract 29347, 29348, and 29349, The Greg Norman Course development, and the existing PGA West campus on the west side of Madison Street. 29. City Attorney Dawn Honeywell stated the City does not have a provision to require a condition to cross from one tract map to another. If a tunnel is what the Commission wants to act as the joint access from one tract to another, the existing condition could be used with the deletion of the words: "State Approved Golf Cart Plan." Jr � G�:� 30. Community Development Director Jerry Herman stated this is a specific plan and PGA West is its own specific plan and there is no nexus between them. It is a private decision whether the two will have access to each other and no,s C\My Documents\WPDOCS\PC7-13-99.wpd 7 U 4" Planning Commission Minutes July 13, 1999 mandatory from the City's standpoint. It then becomes an issue that if they want to provide an access, then they must construct a tunnel. If they do not want access, the access becomes via vehicles. It is a private decision of the developer of the golf course. 31. Commissioner Robbins asked if using Airport Boulevard would make a difference. Senior Engineer Steve Speer stated Airport Boulevard will have the same requirements due to the speed limit. 32. Chairman Kirk asked if there was any example for off -site improvements which are done elsewhere. City Attorney Dawn Honeywell stated the City does not have a development standard that requires tunnels for golf courses. 33. There being no further discussion, it was moved and seconded by Commissioners Butler/Tyler to adopt Planning Commission Resolution 99- 053 recommending approval of Tentative Tract Map 29347, as modified: a. Condition #: 41: Add, "Under Madison Street and/or Airport Boulevard" and delete "State Approved Golf Cart Plan." 34. Commissioner Robbins stated that if this condition is approved as written and later a State approved plan is adopted that allows golf carts on Madison Street or Airport Boulevard, the City would not be able to prohibit the residents from using the golf cart path on these streets. Staff stated that was correct. 35. City Attorney Dawn Honeywell stated the purpose of writing the condition in this manner is to point out to the developer the options available to him. 36. Commissioner Butler stated that even with a golf cart plan, the area would still be unsafe due to the amount of traffic in this rural area. Community Development Director Jerry Herman suggested adding to the condition: "West of Madison Street or south of Airport Boulevard..... Under Madison Street or Airport Boulevard......." 37. It was moved and seconded by Commissioners Abels/Robbins to adopt Planning Commission Resolution 99-053 recommending approval of Tentative Tract 29347 with deletion of the word "golf' and the addition of "Airport Boulevard" as an alternative street, and add "City directed State Approved Golf Cart Plan." 38. Commissioner Butler stated he did not want a golf cart plan. The applicant has mentioned he is going to use the equestrian trails for the golf cart path. In his opinion the tunnel is still the safest. CAMy Documents\WPDOCS\PC7-13-99.wpd 8 Planning Commission Minutes July 13, 1999 39. Commissioner Tyler stated he has been following these golf cart plans and they have been highly successful. 40. Chairman Kirk asked legal counsel if they should vote on the second motion first and if approved the first motion is void. He restated the condition: a. Condition #41: "If a golf cart access is desired between the homes in this tract and the facilities within the PGA West campus west of Madison Street or south across Airport Boulevard, the access route shall be either a tunnel under Madison Street or Airport Boulevard, or a City directed State Approved Golf Cart Plan." ROLL CALL: AYES: Commissioners Abels, Tyler and Chairman Kirk. NOES: Commissioner Butler, Robbins ABSENT: None. ABSTAIN: None. 42. There being no further discussion, it was moved and seconded by Commissioners Abels/Robbins to adopt Planning Commission Resolution 99-054 recommending approval of Tentative Tract Map 29348, as modified: a. Condition #41: "If a golf cart access is desired between the homes in this tract and the facilities within the PGA West campus west of Madison Street or south across Airport Boulevard, the access route shall be either a tunnel under Madison Street or Airport Boulevard, or a City directed State Approved Golf Cart Plan." ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 43. There being no further discussion, it was moved and seconded by Commissioners Robbins/Abels to adopt Planning Commission Resolution 99-055 recommending approval of Tentative Tract Map 29349, as modified: a. Condition #41: "If a golf cart access is desired between the homes in this tract and the facilities within the PGA West campus west of Madison Street or south across Airport Boulevard, the access route shall be either a tunnel under Madison Street or Airport Boulevard, or a City directed State Approved Golf Cart Plan." 44. Commissioner Tyler asked if the applicant was required to build equestrian trails as part of the tract. Staff stated they are required to build the trail. ROLL CALL: AYES: Commissioners Abels, Tyler and Chairman Kirk. NOES: Commissioners Butler and Robbins. ABSENT: None. ABSTAIN: None.' C\My Documents\WPDOCS\PC7-13-99.wpd 9 ATTACHMENT #3 PGA WEST MEMBERS ASSOCIATION Post Office Box 41688 La Quints, CA 92253 Board of Directors July 5, 1999 City of La Quints'. Planning Commission 78-495 Calle Tampico NiTy� t La Quinta, Ca. 92253 Mr. Jerry Jlerman: This letter is in reference to the Notice of Public Nearing to be held on July 13, 1999 on items: Tentative 'Tracts (11) 29347, 29348, and 29349. While the PGA West Members Association has no issue with the subdivision into single family dwellings per se', we do - have a significant concern regarding goJf cart access to and from this tract and the adjoining Greg Norman Goll' Course. Attached for your reference is a letter directed to the City Clcrk and the City Council enumerating our specific concerns. it should be understood that the occupants of the proposed single family homes in the aforementioned tracts must have access to the other golf courses, clubhouses, fitnessliennis facility, etc. all of which are located of the other side of Madison Avenue from where their hones will be. In our view, golf cart access across the surface of Madison Avenue is a huge risk, if no[ illegal. 11 is inevitable if such it scheme were approved, that a major accident would occur. The only viable solution is to put a tunnel under Madison Avenue. 'There is certainly precedent fo• this mode of access, it provides consistent plantung and, above all, is. the logical solution. KSJ, should realize their responsibility and do the right thing. We would ask that this access topic be a part ol'your discussion on .ltily 13 before approval is granted for these tracts. Please circulate this letter and the accompanying letter to all interested parties. Thank you in advance for your careful consideration of this important matter. Sincerely, Chuck Otto President, PGA West Members Association 0r-J -s_oa t�:99 RECEIVED FROM: P.01 PGA WEST MASTER ASSOCIATION, INC. P. 0. BOX 1516 LA QUINTA CA 92253 (760) 776-5100 Fax 776-5111 July 6, 1999 RECE!V AL - 7 1999 Mr. Robert Tyler, Chairman Members of the Planning Commission City of La Quinta, California 78-495 Calle Tampico La Quinta CA 92253 Dear Mr. Tyler: Please be advised that the PGA WEST Master Association, PGA WEST Residential Association and PGA WEST II Residential Association are deeply concerned about golf cart access to and from the Greg Norman Golf and Residential Communities that will become a part of the PGA WEST Community. As you are aware, Madison Street, a major traffic artery in our City, separates the Greg Norman Area from the main PGA WEST Community. While there has been some planning for surface cart crossings of Madison and Airport to the Norman Area, we are assuming that this proposal will not be approved by the City, nor will it be approved by the Master Association, which has responsibility for peripheral wall security in PGA WEST. We urge you to require that tunnel access across Madison be provided by the Master Developer (KSL) as part of the conditions of approval for those Tentative maps (29347, 29348, and 29349) presently under your consideration, for lotting the Norman Residential Area. There is significant precedent for tunnel access across major and minor roadways in our community. Jefferson crossing at the Citrus Course, Madison crossing at PGA WEST, as well as 3 internal collector street crossings with the PGA WEST Community. The original Specific Plan for PGA WEST stated the following criteria: "Design a circulation system that is safe, efficient, and one that encourages pedestrian/golf cart usage. " (Italics added) Two areas of PGA WEST are presently connected for golf cart use by tunnel under Madison Street, as well as the interior tunnels in the main project area, which reduce the auto trips otherwise required to access clubhouses, fitness center, and other facilities on the main portion of the property that are for the use of all PGA WEST members. Mr. Robert Tyler, Chairman July 6, 1999 — Page Two We have heard that the Master Developer (KSL) considers tunnels cost prohibitive, however they have always understood that cost and good planning sometimes conflict. Cost did not impeded the original PGA WEST Developer (Landmark) from providing tunnels. The one hundred eighty home sites on the Norman property will not have access to the various Club facilities, except by automobile unless a tunnel is placed under Madison Street. A Planned Development such as ours, allows for certain relaxation of rigid planning principles (wider streets, sidewalks, street lights, etc.) in an effort to attain a well thought out sense of community for its residents. Good planning principles for a homogeneous golf course community certainly require that golf cart traffic be able to move freely throughout the community without major road crossings. Having some members not able to travel inter community, except by auto, is not only poor planning, but may cause serious traffic, safety and security issues for PGA WEST. Preventing access by golf carts to the Norman Course would not be in keeping with good planning principles for a first class Resort Community such as PGA WEST. This is an important issue to the members of the PGA WEST Community, including the Master, Residential, Residential II and Member Associations. The project when completed is going to be here long after the Master Developer and Merchant Builders have left. PGA WEST was, is and always will be contemplated as a premier golfing and residential resort, and as such, requires tunnel access to all three project areas, not just two. We urge you to require tunnel access from the project area west of Madison Street to the Norman Course neighborhood. Thank you for your serious attention to this matter and we trust that you will make the appropriate findings in you deliberations for the subject approvals. Sincerely, PGA WEST MASTER ASSOCIATION, INC. By Robert . Foulk, President Cc: Board of Directors — PGA WEST Master Association Board of Directors — PGA WEST Residential Association Board of Directors — PGA WEST II Residential Association Chuck Otto, President — PGA WEST Members Association 0or)171 tii Ill JUL J J 1 1 HU .+J!J1 1 V4 MIA& PGA WEST., April 3, 1098 Dear Member, It is my great pleasure to write to each of you with some tremendous news for the members of PGA WEST. NEW NORMAN DESIGNED GOLF COURSE... We are pleased to welcome Greg Norman to the PGA WEST family as he has accepted our invitation to design our sixth course at PGA WEST. The Greg Norman Course Is expected to open in December 1999 and will be built on KSL property east of Madison Street. Greg Norman now joins Pete Dye, Arnold Palmer, Jack Nicklaus and Tom Welskopf on our esteemed team of legendary golf course designers. No other club will have six courses with rive exceptional world-renowned designers creating an unparalleled golf community. Greg is very selective in his associations with golf course design venues. His past work Is exemplary, Including the distinction of having a top 100 course and a top 10 best new course. The fact that he has chosen PGA WEST is a testament to his adherence to quality over quantity, and to the reputation of our Club. LOWER MEMBERSHIP CAP... Upon the opening of the Greg Norman Course, the number of Premier Golf Memberships will be reduced to 399 for each private course and until then 425. This reduction In the cap from 500 to 399 means The Club Is making a conscious decision to Insure quality access and the finest olaying conditions for our members. es WA EU meMbws, the Greg Norman Course will be opened for play by Members and resdiff guess until such time that our membership growth dictates play for PGA WEST Premier Members only. GROWTH AND INCREASING VALUES... Since last year, you may have noted the increase In home and membership sates resulting in a changing composition of our membership based upon the re -Introduction last summer of transferability. Most of our members are now homeowners, 74% as opposed to 56% In 1993. Last year, nearly 300 homes, new and resale, were sold In the PGA WEST community. Of those sales, most C joined The Club, creating a record -breaking year for club growth. This year appears to be even more successful resulting In a further increase in your residential and membership values. The Premier Golf Membership Deposit Is now $t30,000 and will increase again this year to $70,000 on July 1, 1998. If you have friends who are considering joining you at PGA WEST, now Is a great time for them to capitalize on our current membership pricing. Should you have further questions or candidates for membership, please contact The Club's Membership Director, Jennifer Jenkins or her colleagues, Anna Dempster, Mary Felt and John Healy. Thank you for your continued support. The Club at PGA WEST is committed to providing you, our members, your families and guests with a private club experience where you can enjoy the values and pastimes to which The Club Is dedicated. "Legendary Golf' Is one of our core values. Greg Norman's new association enhances the PGA WEST allure, and we trust you will enjoy both the lower membership caps and the great new Greg Norman Course. >incerely, 1lie Ch1 rb at PGA WE'. ' President Scott Daleck) "The Wrstern Home of Golf in Arnrl ca 5.5-955 PGA I30ulevard Nt Quinla, Califuriiia 92253 (600) 564-7111 Pax (760) 771-2823 iLJ: JUL Lb TJ 16-1-4Z IIU.UUI f .UJ PCA WEST i 1.. M11.1- ..f... Ar , ... Frequently Asked Questions About the New Oren Norman Course What kind of course design will it be? Know that it will be of championship caliber —playable but fair and a true signature design. Greg Norman has just begun the design and routing of the course, so all of the details are still in progress. • What Is KSL financial commitment? Know that we will spend what it takes to create a quality, renowned Greg Norman Signature course. The all in costs for the new course will exceed $20 million, with no Member assessments. • When will the sixth course be open for play? The goal is to open by December 1999. • What other courses has Greg Norman designed? Choosing to work on a very select basis, he has courses in both unique and in traditional golf venues including Florida, Georgia, South Carolina and Hawaii as well as China, Philippines, and of course, Australia. Among the well known Greg Norman courses include the Medalist Golf Club in Hobe Sound, Florida, Sugarloaf Country Club, Atlanta, Georgia; Litchfield, in Pawleys Island, South Carolina; and The Experience at Ko'ele in Lanai, Hawaii. The TPC Stadium Course at Sugarloaf in Georgia was ranked number 7 by Golf Digest as "The Best New Private Course' in the United States for 1997, • Where will the course be located? On the east side of Madison Street between 55th Avenue and Airport Boulevard. • How will Premier Members get to the new Greg Norman Course? Either by car or by golf cart. • Who w The course is built primarily for PGA WEST Premier Members and will, until membership sales warrant, be open for play by Members and resort guests. As the Premier Golf Memberships continue to increase, the resort uest play will be reduced, d%em to esi nation o r va e an Annual ers wi not have access to t e new rnl Iran T4t!t 4 XP Q" COUNCIL/RDA MEETING DATE: August 3, 1999 ITEM TITLE: Joint Public Hearing between the City Council and Redevelopment Agency to consider an Affordable Housing Agreement By and Between the La Quinta Redevelopment Agency and The Spanos Corporation for the property located on the east side of Adams Street and north of the intersection of Adams Street and 48th Avenue RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: q— Approve the Affordable Housing Agreement by and between the La Quinta Redevelopment Agency and The Spanos Corporation for the property located on the east side of Adams Street and north of the intersection of Adams Street and 48th Avenue. FISCAL IMPLICATIONS: The program as outlined in the Agreement will require an expenditure of up to $300,000 from the Redevelopment Agency's Project Area No. 2 Low and Moderate Income Housing Fund. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In the spring of this year, the La Quinta Redevelopment Agency entered into exclusive negotiations with The Spanos Corporation to evaluate the feasibility of locating a 200-unit apartment project on 14.4 acres of Agency property located north of the intersection of Adams Street and 48th Avenue. Through these negotiations, The Spanos Corporation agreed to reserve 20 units at rents affordable to low and moderate income households for thirty years. The attached Affordable Housing Agreement (Attachment 1) facilitates a land exchange and Agency funding transactions necessary to accommodate the development proposal and reserve the 20 affordable units. The attached Summary Report (Attachment 2) details the transaction embodied in the Agreement. The Agency and The Spanos Corporation will exchange properties and the Agency will provide $300,000 in financial assistance to facilitate the 20 affordable units. C:\My Documents\WPDOCS\ccjh-AFA-CCSpanos.wpd �Co / The Spanos Corporation will then construct a 200-unit apartment complex and reserve 20 units for affordable housing; 10 units will be rented to low-income households and 10 units to moderate income households for period of thirty years. The land exchange involves the transfer of 10 acres of property The Spanos Corporation owns southwest of the intersection of 47th Avenue and Adams Street for the 14.4 Agency parcel. The Spanos Corporation initially proposed to develop their 10-acre parcel (without an affordable housing component) with an apartment complex, but community concerns resulted in subsequent consideration of the Agency parcel. The Agency will seek development proposals for this 10-acre property at a later date. A recent property appraisal indicates the 10-acre Spanos property is worth $82,277 more that the Agency parcel. A portion of the Agency's $300,000 financial assistance will fund this difference. The remaining $217,723 of Agency financial assistance will fund planning, public agency fee and off -site infrastructure costs related to the 20 affordable units. FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: Approve the Affordable Housing Agreement by and between the La Quinta Redevelopment Agency and The Spanos Corporation for the property located on the east side of Adams Street and north of the intersection of Adams Street and 48th Avenue -,or 2. Do not approve the Affordable Housing Agreement; or 3. Provide staff with alternative direction. Respectfully submitted, rry Heroan ►mmun ty Development Director Approved for Submission: homas P. Genovese, City Manager Attachments: 1. Affordable Housing Agreement 2. Summary Report J i 0 'J CAMy Documents\WPDOCS\ccjh-AFA-CCSpanos.wpd ATTACHMENT # 1 AFFORDABLE HOUSING AGREEMENT FOR APARTMENTS BY AND BETWEEN LA QUINTA REDEVELOPMENT AGENCY, AGENCY AND THE SPANOS CORPORATION DEVELOPER AUGUST 3, 1999 Page TABLE OF CONTENTS [100] SUBJECT OF AGREEMENT ................................. A. [101] Purpose of Agreement ................................. B. [102] The Redevelopment Plan ............................... C. [103] The Project Area ...................................... D. [104] The Site ............................................ E. [105] Parties to the Agreement ............................... 1. [106] The Agency .................................... 2. [107] The Developer .................................. 3. [108] Prohibition Against Changing Ownership Management anc Control of Developer and Prohibition Against Transfer of the Site ..................................... F. [109] Representations by the Developer ........................ G. [110] Representation by the Agency .......................... [200] AGENCY ASSISTANCE .................................... A. [201] Acquisition and Construction Assistance .................... B. [202] Conditions Precedent to the Transfer of the Site ............. C. [203] Acquisition of the Site ................................. D. [204] Escrow ............................................ E. [205] [Intentionally Omitted] ................................. F. [206] Conveyance of Title and Delivery of Possession ............ G. [2071 Condition of Title .................................... H. [208] Payment of the Purchase Price and Recordation of Deed ..... I. [209] Title Insurance ...................................... J. [210] Taxes and Assessments .............................. K. [211 ] Conveyance Free of Possession ........................ L. [212] Inspections; Condition of Site ........................... 1 Inspections ......................................... 2. "Asls............................................... 3. Indemnity .......................................... 4. Release and Waiver .................................. 5. Definitions .......................................... 6. Materiality .......................................... 7. Right to Contest ..................................... M. [213] Preliminary Work by the Developer ...................... N. [214] Submission of Evidence of Equity Capital and Mortgage Financing for the Development .......................... O. [215] Disbursement of Agency Assistance for Improvements ....... 1. Deposit of Agency Assistance .......................... 2. Initial Disbursements ................................. 3. Conditions for Each Disbursement ....................... 4. Overhead Payments ....... ........................ . 5. Monthly Reports ..................................... J 6 6 6 7 7 7 7 8 8 9 10 10 11 13 14 14 15 15 15 16 16 17 17 17 17 17 18 18 18 19 19 19 20 20 20 21 21 21 E CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd V. [300] DEVELOPMENT OF THE SITE .............................. 22 A. [301 ] Development of the Site ................................ 22 1. [302] Scope of Development ............................. 22 2. [303] Site Plan ..................................... 22 3. [304] Review and Approval of Plans, Drawings, and Related Documents ............................. 23 4. [305] Cost of Development ............................ 23 5. [306] Construction Schedule ........................... 24 6. [307] Indemnity, Bodily Injury and Property Damage Insurance 24 7. [308] City and Other Governmental Agency Permits ........ 24 8. [309] Rights of Access ............................... 25 9. [310] Local, State and Federal Laws .................... 25 10. [311] Anti -Discrimination .............................. 25 11. [312] Taxes and Assessments ......................... 25 B. [313] Prohibition Against Transfer of the Site, the Buildings or Structures Thereon and Assignment of Agreement .......... 26 C. [314] Right of the Agency to Satisfy Other Liens on the Site After Title Passes .................................... 26 D. [315] Certificate of Completion .............................. 26 E. [316] No Encumbrances Except Mortgages, Deeds of Trust, Sales and Leases -Back or Other Financing for Development .. 27 F. [317] Holder Not Obligated to Construct Improvements ........... 27 G. [318] Notice of Default to Mortgage, Deed of Trust or Other Security Interest Holders; Right to Cure ................... 27 H. [319] Failure of Holder to Complete Improvements ............... 28 I. [320] Right of Agency to Cure Mortgage, Deed of Trust or Other Security Interest Default .................... 28 [400] USE OF THE SITE ........................................ 29 A. [401 ] Affordable Housing ................................... 29 1. Number of Units ..................................... 29 B. [402] Uses In Accordance with Redevelopment Plan; Nondiscriminatior29 C. [403] Effect of Violation of the Terms and Provisions of this Agreement After Completion of Construction ............... 31 D. [404] Maintenance of the Site ............................... 31 [500] DEFAULTS AND REMEDIES ................................ A. [501 ] Defaults -- General ................................... B. [502] Legal Actions ....................................... 1. [503] Institution of Legal Actions ........................ 2. [504] Applicable Law ................................. 3. [505] Acceptance of Service of Process ................... C. [506] Rights and Remedies Are Cumulative .................... D. [507] Inaction Not a Waiver of Default ......................... 31 31 32 32 32 32 32 32 j CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd ULrt) E. [508] Remedies and Rights of Termination ..................... 33 1. [509] Damages ..................................... 33 2. [510] Specific Performance ............................ 33 3. [511] Right of Termination by the Developer .............. 33 4. [512] Termination by the Agency ....................... 33 F. [513] Remedies of the Parties for Default After Closing of the Acquisition Escrow ................................ 34 1 [514] Termination and Damages ....................... 34 G. [515] Option to Purchase, Reenter and Repossess .............. 34 H. [516] Right of Reverter .................................... 35 I. [5171 Agency Obligations to Repurchase Site ................... 36 VI. [600] GENERAL PROVISIONS ................................... 37 A. [601 ] Notices, Demands and Communications Between Parties .... 37 B. [602] Conflicts of Interest ................................... 37 C. [6031 Enforced Delay; Extension of Times of Performance ......... 38 D. [604] Non -Liability of Officials and Employees of the Agency and the Developer ................................... 38 E. [6051 Entire Agreement, Waivers ............................. 38 F. [606] Amendments to this Agreement ......................... 39 VII. [700] TIME FOR ACCEPTANCE OF AGREEMENT BY AGENCY ........ 39 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 4 ATTACHMENTS Attachment No. I The Site Attachment No. 2 Legal Description Attachment No. 3 Scope of Development Attachment No. 4 Schedule of Performance Attachment No. 5 Grant Deed Attachment No. 6 Promissory Note Attachment No. 7 Deed of Trust Attachment No. 8 Declaration of Conditions, Covenants & Restrictions Attachment No. 9 Certificate of Completion Attachment No. 10 Application for Disbursement CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 5 AFFORDABLE HOUSING AGREEMENT This Affordable Housing Agreement ("Agreement") is entered into this day of , 1999, by and between LA QUINTA REDEVELOPMENT AGENCY, a public body corporate and politic (the "Agency") and THE SPANOS CORPORATION, a California corporation (the "Developer"). The Agency and the Developer (collectively referred to as the "Parties") hereby agree as follows: [100] SUBJECT OF AGREEMENT A. [101] Purpose of Agreement The purpose of this Agreement is to effectuate the Redevelopment Plan (as hereinafter defined) for the La Quinta Redevelopment Project Area No. 2 (the "Project") by providing for the improvement of certain property situated within the Project Area of the Project (the "Project Area"), by assisting in the financing of the acquisition and development of 14.2 acres (the "Site") situated within the Project Area, of approximately 200 apartment units and related improvements (the " Development") on 14.2 acres (the Site") and the long-term maintenance of 20 such apartment units at an affordable housing cost for persons and households of low and moderate -income, all as more fully described in this Agreement. The Agency financial assistance in this Agreement shall be utilized to effectuate a portion of the Agency's overall affordable housing program pursuant to the requirements of California Health and Safety Code Section 33334.2 to expend twenty percent (20%) of its increment funds to improve, increase and preserve the community's supply of low- and moderate housing. The acquisition and development of the Site and the occupancy of ten percent (10%) of the apartment units as developed for households of limited incomes all as provided in this Agreement are in the vital and best interests of the City of La Quinta (the "City") and the health, safety and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements under which the Project has been undertaken. B. [102] The Redevelopment Plan This Agreement is subject to the provisions of the Redevelopment Plan for Project Area No. 2 (the "Redevelopment Plan") which was approved and adopted by Ordinance No. 139 of the City Council of the City of La Quinta on the 161h day of May, 1989. Said ordinance and Redevelopment Plan are fully incorporated herein by reference. Any amendment hereafter to the Redevelopment Plan (as so approved and adopted) which changes the uses or development permitted on the Site as proposed in this Agreement, or otherwise changes the restrictions or controls that apply to the Site, or otherwise affects the Developer's obligations or rights with respect to the Site, shall not apply to the Site without the written consent of the Developer. Amendments to the CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd =, 66 l' 9 ,J .J Redevelopment Plan applying to other property in Project Area No. 2 shall not require the consent of the Developer. C. [103] The Project Area The La Quinta Redevelopment Project Area No. 2 ("Project Area") is located in the City and is generally bounded by Washington Street, the northern corporate boundary, Jefferson Street and Avenue 50. The exact boundaries are as set out in the Redevelopment Plan. D. [104] The Site The "Site" is currently owned by the Agency and consists of 14.2 acres of real property northeast of the intersection of 48th Avenue and Adams Street located within the Project Area in the City of La Quinta, County of Riverside. The Site is depicted in the Site Map on Attachment No. 1 attached hereto and incorporated herein by this reference. The legal description of the Site is provided on Attachment No. 2 attached hereto and incorporated hereby by this reference. According to the proposed Specific Plan for the Site, a maximum of 200 rental units will be developed on the Site in accordance with the "Scope of Development" and by the times set forth in the "Schedule of Performance, " which are attached hereto as Attachment Nos. 3 and 4, respectively, and incorporated herein by reference. Any material change, as reasonably determined by the Agency, in the Scope of Development (Attachment No. 3) which affects the size, quality, or type of development proposed for the Site shall require the written approval of the Agency, which approval may be contingent upon the review and renegotiation of all of the economic and financial terms of this Agreement and such other matters as the Agency shall deem appropriate. E. [105] Parties to the Agreement 1. [106] The Agency The Agency is a public body, corporate and politic, exercising governmental functions and powers and organized and existing under Chapter 2 of the Community Redevelopment Law of the State of California, Division 24 of the California Health and Safety Code, the principal office of the Agency is located at 78-495 Calle Tampico, La Quinta, California 92253, or such other address as Agency shall hereafter designate in writing to Developer. "Agency", as used in this Agreement, includes the La Quinta Redevelopment Agency and any and all assignees of or successors to its rights, powers and responsibilities. 2. [107] The Developer, Developer Property C:\My Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd The Developer, The Spanos Corporation, is a California corporation. The principal office and mailing addresses of the Developer for purposes of this Agreement is 3773 Howard Hughes Parkway, Suite 590S, Las Vegas, Nevada 89109. By executing this Agreement, each person signing on behalf of the Developer warrants and represents to the Agency that the Developer has the full power and authority to enter into this Agreement, that all authorizations required to make this Agreement binding upon the Developer have been obtained, and that the person or persons executing this Agreement on behalf of the Developer are fully authorized to do so. Whenever the term "Developer" is used in this Agreement, such term shall include any and all nominees, assignees, or successors in interests as herein provided. The Developer owns ten (10) acres of property located generally at the southwest corner of 47th Avenue and Adams Street (the "Developer Property"). The legal description for the Developer Property is attached hereto as Attachment No. 2B 3. [108] Prohibition Against Changing Ownership Management and Control of Developer and Prohibition Against Transfer of the Site The qualifications and identity of the Developer are of particular interest to the Agency. It is because of these qualifications and identity that the Agency has entered into this Agreement with the Developer. Prior to the issuance of a Certificate of Completion for Improvements (as defined in Section 302) on the Site, the Developer shall not, except as permitted by this Agreement, assign or attempt to assign this Agreement or any rights or duties herein, nor make any total or partial sale, transfer, conveyance, or assignment of the whole or any part of the Site or the Developer Improvements thereon, without the prior written approval of the Agency. Any purported transfer prior to the issuance of a Certificate of Completion, whether voluntary or by operation of law, except with the prior written consent of the Agency, shall render this Agreement absolutely null and void and shall confer no rights whatsoever upon any purported assignee or transferee. Notwithstanding any other provision of this Agreement to the contrary, Agency approval of an assignment of this Agreement or transfer of the Site or any interest therein shall not be required in connection with: (a) the conveyance or dedication of any portion of the Site to the City of La Quinta or other appropriate governmental agency, including public utilities, where the granting of such easements permits or facilitates the development of the Site; and (b) any assignment of this Agreement or transfer of the Site or the Site Improvements located thereon to a limited liability Corporation in which Developer is a member and has a greater than fifty percent (50%) ownership and management interest. F. [109] Representations by the Developer CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 8 The Developer represents and warrants to the Agency as follows: 1. The Developer is duly established and in good standing under the laws of the State of California and has duly authorized, executed and delivered this Agreement and any and all other agreements and documents required to be executed and delivered by the Developer in order to carry out, give effect to, and consummate the transactions contemplated by this Agreement. This Agreement is enforceable against the Developer in accordance with its terms. 2. The Developer does not have any contingent obligations or contractual agreements which will materially adversely affect the ability of the Developer to carry out its obligations hereunder. 3. There are no pending or, so far as is known to the Developer, threatened, legal proceedings to which the Developer is or may be made a party, or to which it or any of its property is or may become subject, which have not been fully disclosed in the material submitted to the Agency, which will materially adversely affect the ability of the Developer to carry out its obligations hereunder. 4. There is no action or proceeding pending or, to the Developer's best knowledge, threatened, looking toward the dissolution or liquidation of the Developer and there is no action or proceeding pending or, to the Developer's best knowledge, threatened by or against the Developer which could affect the validity and enforceability of the terms of this Agreement, or adversely affect the ability of the Developer to carry out its obligations hereunder. 5. The Developer has, and will as required by its obligations hereunder, dedicate, allocate and otherwise make available, sufficient financial and other resources to perform its obligations under this Agreement. Each of the foregoing items 1 to 5, inclusive, shall be deemed to be an ongoing representation and warranty and shall survive the close of escrow for the Site and shall continue until issuance of the Certificate of Completion for the Development. The Developer shall advise the Agency in writing if there is any material change pertaining to any matters set forth or referenced in the foregoing items 1 to 5, inclusive. G. [110] Representations by the Agency The Agency represents and warrants to Developer as follows: 1. Agency is a public body, corporate and politic, existing pursuant to the California Community Redevelopment Law (California Health and Safety Code Section 33000), which has been authorized to transact business pursuant to action of the City of La Quinta. Agency has full right, power and lawful authority to transfer the Site as provided herein and the execution, performance, and delivery of this Agreement by Agency has CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd �-° 9 been fully authorized by all requisite actions on the part of Agency. The parties who have executed this Agreement on behalf of Agency are authorized to bind Agency by their signatures hereto. 2. Agency does not have any contingent obligations or contractual agreements which will materially adversely affect the ability of Agency to carry out its obligations hereunder. 3. There are no pending or, so far as is known to Agency, threatened, legal proceedings to which Agency is or may be made a party or to which it or any of its property is or may become subject, which will materially adversely affect the ability of Agency to carry out its obligations hereunder. 4. There is no action or proceeding pending or, to Agency's best knowledge, threatened, looking toward the dissolution or liquidation of Agency and there is no action or proceeding pending or, to Agency's best knowledge, threatened by or against Agency which could affect the validity and enforceability of the terms of this Agreement, or adversely affect the ability of Agency to carry out its obligations hereunder. 5. To the best of Agency's knowledge, the Site is not currently in violation of any law, ordinance, rule, regulation or requirement applicable to its use and operation. 6. Agency is not the subject of a bankruptcy proceeding. II. [200] AGENCY ASSISTANCE The Agency agrees to provide to Developer pursuant to the Agreement, certain financial assistance and incentives in an amount not to exceed a total of Two Hundred and Seventeen Thousand Seven Hundred and Twenty-three Dollars ($217,723), which shall include funding for a portion of the off -site public infrastructure improvements for the Development; and payment of City entity fees all as more particularly set forth in Sections 201 and 203 below (collectively, "Agency Assistance"). Agency shall provide for transfer in fee of the Site (14.2 acres) appraised at $1,117,723 or $78,712 per acre and Developer shall provide for transfer in fee of its Developer Property as consideration for transfer by the Agency of the Site. The fair market value of the Developer Property has been appraised as One Million Two Hundred Thousand Dollars ($1,200,000) or $117,000 per acre for 10.17 acres. This exchange of properties shall include a transfer of $82,277 from the Agency to the Developer so that the consideration for each property is equivalent. The Agency Assistance has been funded from the Agency's Low and Moderate Income Housing Fund. Accordingly, Developer acknowledges and agrees that the use of the Site shall be subject to all of the income and affordability restrictions set forth in this Agreement, and the Declaration of Covenants, Conditions and Restrictions (Attachment No. 8). A. [201] Acquisition and Construction Assistance CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd ,' 10 1. Agency shall provide Agency Assistance in a maximum amount not to exceed Two Hundred Seventeen Thousand Seven Hundred Twenty-three Dollars ($217,723) in financial assistance for the Development (the "Assistance") separate from the exchange and transfer of the Site and the $82,277 necessary to balance the exchange from the Developer Property. The Agency Assistance shall be provided 50% after grading is complete and 50% after construction of the off -site street improvements are complete. The Assistance shall be evidenced by a Promissory Note in the amount of Two Hundred Seventeen Thousand Seven Hundred Twenty-three Dollars ($217,723) (the "Developer Note") in the form of Attachment No. 6 and secured by a Deed of Trust (the "Developer Deed of Trust") in the form of Attachment No. 7. The Developer Deed of Trust shall secure the Developer's obligations to utilize the Assistance evidenced by the Developer Note and to complete the Development substantially in accordance with the terms of this Agreement. 2. The Site Purchase Price shall be One Million One Hundred Seventeen Thousand Seven Hundred Twenty-three Dollars ($1,117,723). This amount represents the appraised value of the land. The Purchase Price shall be composed of the exchange of the Developer Property valued at One Million Two Hundred Thousand Dollars ($1,200,000) in addition to the cash payment from the Agency to the Developer of $82,277. The cash payment shall be placed into escrow by the Agency and paid to the Developer upon the close of escrow for the Site and the Developer's Property. The Site shall be transferred to the Developer by Grant Deed in the form of Attachment No. 5A. The Developer Property shall be transferred from the Developer to the Agency in the form of Attachment No. 5B 3. The Developer Note shall bear no interest and shall be due and payable in accordance with the terms of the Developer Note. If the apartments are developed, the Developer Note shall be canceled and the Deed of Trust shall be reconveyed after the term of thirty (30) years of continuous implementation of the affordability restrictions as set out in the Conditions, Covenants, and Restrictions (Attachment No. 8). 4. Agency shall disburse an amount for site preparation, grading, utility systems and streets, for other governmental agency fees for project planning and development costs, for utility and bond costs, and for City fees up to a maximum amount of Two Hundred Seventeen Thousand Seven Hundred and Twenty-three Dollars ($217,723) of additional project costs. This amount is inclusive of the up to $100,000 originally approved in the Exclusive Negotiation Agreement. The Assistance shall be disbursed to Developer in accordance with the provisions of Section 215 hereof. B. [202] Conditions Precedent to the Transfer of the Site and Developer Property Prior to and as conditions to transfer of the Site, the Developer shall complete each CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd J 1 of the following by the respective times established therefor in the Schedule of Performance (Attachment No. 4): 1. the Developer shall not be in default of this Agreement; and 2. the Developer provides to the Executive Director insurance certificates conforming to Section 307 of this Agreement; and 3. the Developer shall have executed and deposited with escrow for delivery to the Agency the Developer Promissory Note (Attachment No. 6) and the Deed of Trust (Attachment No. 7); and 4. the Developer shall have executed and deposited with escrow for recordation and delivery to the Agency the Declaration of Conditions, Covenants and Restrictions (Attachment No. 8) and the Grant Deed for the Developer Property; and 5. the Developer shall have provided evidence of their financing plan reasonably satisfactory to the Agency Executive Director sufficient to perform Developer's responsibilities for construction of the Development pursuant to this Agreement; and 6. the Developer has approved the environmental condition of the Site and agrees to acquire the Site in its present condition; and 7. the Agency shall have executed the Grant Deed for the Site and placed the $82,277 of the cash portion of the purchase price for the Developer Property in escrow. The foregoing items numbered 1 to 6, inclusive, together constitute the "Conditions" Precedent to the close of escrow for the Site and the Developers Property. C. [203] Exchange of the Site and the Developer Property The Developer shall acquire a fee simple marketable title to the Site pursuant to a Grant Deed in the form of Attachment No. 5A attached hereto and incorporated hereby by this reference. The Agency shall acquire a fee simple marketable title to the Developer Property pursuant to a Grant Deed in the form of Attachment No. 5B. D. [204] Escrow The Developer agrees to open an escrow (the "Exchange Escrow") with First American Title Insurance Co., or with another mutually agreeable escrow company (the "Escrow Agent"), within 30 days after approval of this Agreement. This Agreement constitutes the Agency and Developer's escrow instructions for the sale and acquisition of CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd �t J 12 the Site and for the sale and acquisition of the Developer Property. A duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the Exchange Escrow. The Escrow Agent is hereby empowered to act under this Agreement, and the Escrow Agent, upon indicating within five (5) days after the opening of the Acquisition Escrow its acceptance of the provisions of this Section 204, in writing, delivered to the Agency and the Developer, shall carry out its duties as Escrow Agent hereunder. The Agency and the Developer shall each pay into the Exchange Escrow fifty percent (50%) of the following fees, charges and costs promptly after the Escrow Agent has notified the Agency and Developer of the total amount of such fees, charges and costs, but not earlier than ten (10) days prior to the scheduled date for closing the Exchange Escrow: 1. The Escrow fee; 2. Costs of drawing the grant deed; 3. Recording fees; 4. Notary fees; 5. The title insurance policy premiums; and 6. Any transfer tax and any state, county or city documentary stamps. The Developer shall deposit with the Escrow Agent the executed Developer Promissory Note (Attachment No.6) and Developer Deed of Trust (Attachment No. 7). The Escrow Officer shall notify the Agency when all outstanding documents including the respective Grant Deeds to the Developer and to the Agency, the Developer Deed of Trust (Attachment No. 7) and the Declaration of Conditions, Covenants and Restrictions (Attachment No. 8) have been executed and submitted to Escrow by the applicable party. The Escrow Agent is authorized to utilize the funds provided for the above exchange costs on the condition of the immediate recording of the Developer Deed of Trust (Attachment No. 7) and the Declaration of Conditions, Covenants and Restrictions (Attachment No. 8) after recording of each of the Grant Deeds (Attachment No. 5A and 5B) vesting title in the Developer and the Agency respectively. All funds received in the Exchange Escrow shall be deposited by the Escrow Agent, with other escrow funds of the Escrow Agent in an interest -earning general escrow account or accounts with any State or national bank doing business in the State of California. Such funds may be transferred to any other general escrow account or accounts. All disbursements shall be made by check of the Escrow Agent. If the Exchange Escrow has not closed within three (3) working days of the receipt by Escrow of the Parties funds, then said funds shall be returned to the Parties unless both parties agree to extend the close of Escrow. .� 0 { ) Ui CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 13 Any amendment to these escrow instructions shall be in writing and signed by the Agency. At the time of any amendment, the Escrow Agent shall agree to carry out its duties as Escrow Agent under such amendment. The liability of the Escrow Agent in the capacity of escrow holder with respect to the Agency is limited to performance of the obligations imposed under it under this Section 204 of this Agreement. E. [205] [Intentionally Omitted] F. [206] Conveyance of Title and Deliver[r of Possession Provided that the Developer is not in default under this Agreement and all conditions precedent to such conveyance have occurred, and subject to any mutually agreed upon extensions of time, conveyance to the Developer of title to the Site and conveyance to the Agency of the Developer Property shall be completed on or prior to commencement of construction unless otherwise agreed to by the Agency. The Agency and the Developer agree to perform all acts necessary to conveyance of title in sufficient time for title to be conveyed in accordance with the foregoing provisions. Possession shall be delivered to the Developer and the Agency respectively, concurrently with the conveyance of title, except that limited access may be permitted before conveyance of title as permitted in Section 213 of this Agreement. The Developer and Agency shall accept title and possession on the said date. G. [207] Condition of Title The Agency shall convey to the Developer fee simple title to the Site and the Developer shall convey to the Agency fee simple title to the Developer Property free and clear of all recorded liens, encumbrances, encroachments, assessments, leases and taxes except as approved by Developer and Agency pursuant to this Section 207. Within five (5) days of execution of this Agreement, Agency shall with respect to the Site and Developer with respect to Developer Property, cause First American Title Insurance Company, or another title company reasonably acceptable to Agency and Developer (the "Title Company"), to deliver to each other a standard preliminary title report (the "Title Report") with respect to the Site and Developer Property, together with legible copies of the documents underlying the exceptions ("Exceptions") set forth in the Title Report. Developer and Agency shall have the right to reasonably approve or disapprove the Exceptions; provided, however, that the Developer hereby approves the Redevelopment Plan and the lien of current non -delinquent real property taxes and assessments, if any, as Exceptions. Developer and Agency shall each have ten (10) days from the date of receipt of the Title Report and the Exceptions pursuant to this Section 207 to give written notice to each other of its approval or disapproval of any of such Exceptions. If either Party fails to give written approval of the Title Report within such time limit then it shall be deemed to have approved the Title Report. If either Party notifies the other Party of its disapproval of any CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd J j 14 U 1 1 Exceptions in the Title Report, owner shall have the right, but not the obligation, to remove any disapproved Exceptions within ten (10) days after receiving written notice of the disapproval or provide assurances satisfactory to the other Party that such Exception(s) will be removed on or before conveyance of the Site and Developer Property. If Developer or Agency cannot or in its sole discretion does not elect to remove any of the disapproved Exceptions within that period, the other Party shall have ten (10) business days after the expiration of such ten (10) days to either give written notice that it elects to proceed with the conveyance of the Site subject to the disapproved Exceptions or to give written notice that it elects to terminate this Agreement. Neither Developer nor Agency shall voluntarily create any new exceptions to title following the date of this Agreement. H. [208] Payment of the Purchase Price and Recordation of Deed The Developer shall deposit the Grant Deed to the Developer Property (Attachment 5. No. B) , the executed Developer Note, the Deed of Trust, and the Conditions, Covenants, and Restrictions (Attachment No. 8) for the Site and other sums required hereunder, if any, with the Escrow Agent prior to the date for conveyance of the Site, provided that the Escrow Agent shall have notified the Developer in writing that each Grant Deed, properly executed and acknowledged by the Agency, has been delivered to the Escrow Agent and that title is in condition to be conveyed in conformity with the provisions of Section 207 of this Agreement. Upon the close of escrow, the Escrow Agent shall record the respective Grant Deeds for recordation among the land records in the Office of the County Recorder of Riverside County. [209] Title Insurance Concurrently with recordation of the respective Grant Deeds, First American Title Insurance Company or some other title insurance company satisfactory to the Agency and the Developer having equal or greater financial responsibility ("Title Company"), shall provide and deliver to the Developer and to the Agency a CLTA or ALTA title insurance policy issued by the Title Company insuring that the title is vested in the Developer and the Agency, as applicable, in the condition required by Section 207 of this Agreement. The Title Company shall provide the Developer and the Agency with a copy of the title insurance policy and the title insurance policy shall be in the amount of Dollars ($ ) for the Site and the Developer Property. The Developer and Agency shall pay the title insurance premium attributable to a CLTA standard form policy of title insurance in the amount of the purchase price of the Site and the Developer Property respectively. The Title Company shall, if requested by the Developer, increase the amount of the title insurance policy or provide the Developer with an endorsement to insure the amount of the Developer's estimated development costs of the improvements to be constructed upon the Site. The Developer shall pay the entire premium for any such increase in coverage requested by it. r �� M C:\My Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 1 J. [210] Taxes and Assessments Ad valorem taxes and assessments, if any, on the Site and the Developer Property, and taxes upon this Agreement or any rights hereunder, levied, assessed or imposed for any period commencing prior to conveyance of title shall be borne by the Agency and Developer respectively. All ad valorem taxes and assessments levied or imposed for any period commencing after closing of escrow for the Site shall be paid by the Developer. K. [211 ] Conveyance Free of Possession Except as otherwise provided in the Scope of Development (Attachment No. 3), the Site and the Developer Property shall be conveyed free of any possession or right of possession by any person except that of the Developer and the Agency respectively and the easements of record. L. [212] Inspections. Condition of Site 1. Inspections. The Developer shall conduct the Developer's own investigation of the Site, including but not limited to the existing improvements, if any, its physical condition, the soils and toxic conditions of the Site and all other matters which in the Developer's judgment affect or influence the Developer's proposed use of the Site and the Developer's willingness to develop the Site pursuant to this Agreement. The Developer's investigation may include, without limitation, the preparation by a duly licensed soils engineer of a soils report for the Site. Within the time set forth therefor in the Schedule of Performance (Attachment No. 4), the Developer shall provide written notice to the Agency of the Developer's determinations concerning the suitability of the physical condition of the Site. If, in the Developer's reasonable judgment, the physical condition of the Site is unsuitable for the use or uses to which the Site will be put to the extent that it is not economically feasible for the Developer to develop the Site pursuant to this Agreement, then the Developer shall have the option either to (a) take any action necessary to place the applicable Site in a condition suitable for development, at no cost to the Agency, or (b) terminate this Agreement pursuant to the provisions of Section 511 hereof with respect to the Site. If the Developer has not notified the Agency of its determinations concerning the suitability of the physical condition of the Site within the time set forth in the Schedule of Performance (Attachment No.. 4), the Developer shall be deemed to have waived its right to terminate this Agreement pursuant to this Section. 2. "As Is". The Agency has provided the Developer with all information of which it has actual knowledge concerning the physical condition of the Site, including, without limitation, information about any Hazardous Materials, as defined below. The Developer acknowledges and agrees that any portion of the Site, including but not limited to the existing improvements that it acquires from the Agency pursuant to this Agreement shall be purchased "as is," in its current physical condition, with no warranties, express or implied, as to the physical condition thereof, the presence or absence of any latent or patent condition thereon or therein, including, without limitation, any Hazardous materials thereon or therein, and any other matters affecting the Site. C:\My Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd The Developer has provided the Agency with all information of which it has actual knowledge concerning the physical condition of the Site, including, without limitation, information about any Hazardous Materials, as defined below. The Agency acknowledges and agrees that any portion of the Site, including but not limited to the existing improvements that it acquires from the Developer pursuant to this Agreement shall be purchased "as is," in its current physical condition, with no warranties, express or implied, as to the physical condition thereof, the presence or absence of any latent or patent condition thereon or therein, including, without limitation, any Hazardous materials thereon or therein, and any other matters affecting the Site. 3. Indemnity. The Developer agrees, with respect to the Site and the Agency agrees with respect to the Developer Property from and after the date of recording of the deeds conveying title to the Site and the Developer Property respectively, to defend, indemnify, protect and hold harmless the Agency and the Developer respectively and their officers, beneficiaries, employees, agents, attorneys, representatives, legal successors and assigns ("Indemnities") from, regarding and against any and all liabilities, obligations, orders, decrees, judgments, liens, demands, actions, Environmental Response Actions (as defined in subsection 5 below), claims, losses, damages, fines, penalties, expenses, Environmental Response Costs (as defined herein) or costs of any kind or nature whatsoever, together with fees (including, without limitation, reasonable attorneys' fees and experts' and consultants' fees), occurring during and caused by Developer's use and occupancy of the Site and the Agency's respective use and occupancy of the Developer's Property, and resulting from or in connection with the actual or claimed generation, storage, handling, transportation, use, presence, placement, migration and/or release of Hazardous Materials (as defined in subsection 5 below), at, on, in, beneath or from the Site, unless caused by the negligence or willful misconduct of Indemnitees. The respective Developer's and Agency's defense, indemnification, protection and hold harmless obligations herein shall include, without limitation, the duty to respond to any governmental inquiry, investigation, claim or demand regarding the Hazardous Materials, at the Developer's sole cost. Developer shall have no liability under this Section 212(3) for any Environmental Response costs, Hazardous Materials or any other matter to be indemnified hereunder occurring after the sale or transfer of the completed Development in accordance with the terms of this Agreement. 4. Release and Waiver. Subject to the exceptions set forth in Section 212(3) above, the Developer with respect to the Site and the Agency with respect to the Developer Property hereby releases and waives all rights, causes of action and claims the Developer or Agency has or may have in the future against the Indemnities arising out of or in connection with any Hazardous Materials (as defined subsection 5 below), at, on, in, beneath or from the Site and the Developer Property respectively. In furtherance of the intentions set forth herein, the Developer and the Agency acknowledge that they are familiar with Section 1542 of the Civil Code of the State of California which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected this settlement with the debtor." � CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 17 The Developer and the Agency hereby waive and relinquish any right or benefit which it has or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or nonstatutory law of any other applicable jurisdiction to the full extent that it may lawfully waive all such rights and benefits pertaining to the subject matter of this Section 212. 5. Definitions. (a) As used in this Agreement, the term "Environmental Response Actions" means any and all activities, data compilations, preparation of studies or reports, interaction with environmental regulatory agencies, obligations and undertakings associated with environmental investigations, removal activities, remediation activities or responses to inquiries and notice letters, as may be sought, initiated or required in connection with any local, state or federal governmental or private party claims, including any claims by the Developer. (b) As used in this Agreement, the term "Environmental Response Costs" means any and all costs associated with Environmental Response Actions including, without limitation, any and all fines, penalties and damages. (c) As used in this Agreement, the term "Hazardous Materials" means any substance, material or waste which is (1) defined as a "hazardous waste," "hazardous material," "hazardous substance," "extremely hazardous waste," or "restricted hazardous waste" under any provision of California law; (2) petroleum; (3) asbestos; (4) polychlorinated biphenyls; (5) radioactive materials; (6) designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act, 33 U.S.C. Section 1251 et seq. (33 U.S.C. Section 1321)or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. Section 1317); (7) defined as a "hazardous substance" pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq. (42 U.S.C. Section 6903) or its implementing regulations; (8) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601 et seq. (42 U.S.C. Section 9601); or (9) determined by California, federal or local governmental authority to be capable of posing a risk of injury to health, safety or property. 6. Materiality. The Developer acknowledges and agrees that the defense, indemnification, protection and hold harmless obligations of the Developer for the benefit of the Agency set forth in this Agreement are a material element of the consideration to the Agency for the performance of its obligations under this Agreement, and that the Agency would not have entered this Agreement unless the Developer's obligations were as provided for herein. 7. Right to Contest. Developer may contest in good faith any claim, demand, levy or assessment under Hazardous Materials Laws if: (a) the contest is based on a material question of law or fact raised by Developer in good faith, (b) Developer promptly commences and thereafter diligently pursues the contest, (c) the contest will not CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd r- ,-, ,,.. 1 `U ._ J ) materially impair the taking of any remedial action with respect to such claim, demand, levy or assessment, and (d) if requested by Agency, Developer deposits with Agency any funds or other forms of assurance Agency in good faith from time to time determines appropriate to protect Agency in good faith from the consequences of the contest being unsuccessful and any remedial action then reasonably necessary. No default shall be deemed to exist with respect to any claim, demand, levy or attachment being contested by Developer under the conditions of this section. M. [213] Preliminary Work by the Developer Prior to the conveyance of title from the Agency, representatives of the Developer shall have the right of access to the Site at all reasonable times for the purpose of obtaining data and making surveys and tests necessary to carry out this Agreement. The Developer shall hold the Agency harmless for any injury or damages arising out of any activity pursuant to this section. The Developer shall have access to all data and information on the Site available to the Agency, but without warranty or representation by the Agency as to the completeness, correctness or validity of such data and information. Any preliminary work undertaken on the Site by the Developer prior to conveyance of title thereto shall be done only after written consent of the Agency and at the sole expense of the Developer. The Developer shall save and protect the Agency against any claims resulting from such preliminary work, access or use of the Site by Developer, its agents or contractors. Copies of data, surveys and tests obtained or made by the Developer on the Site shall be filed with the Agency. Any preliminary work by the Developer shall be undertaken only after securing any necessary permits from the appropriate governmental agencies. N. [214] [Intentionally Omitted] O. [215] Disbursement of Agency Assistance for Improvements. 1. Deposit of Agency Assistance. The portion of Agency Assistance to be utilized for reimbursement of construction and planning costs according to the schedule set out in the Scope of Development (Attachment No. 3) shall be deposited in an interest bearing account to be designated by the Agency in the name of the Agency ("Agency Account") and funds shall be disbursed from the Agency Account upon the signature of the Executive Director or Finance Director, acting alone, for the purposes set forth in this Agreement pursuant to the disbursement procedures set forth in this Section 215. The amount to be deposited in this account shall be equal to Three Hundred Thousand Dollars ($300,000). The $300,000 is composed of $82,277 to be paid into Escrow as part of the consideration for the Developer Property and $217,723 towards reimbursement of improvement costs such as grading and street improvement requirements. The Application for disbursement shall be submitted to the Executive Director of the Agency for review and approval in accordance with this Section 215. I N C:\My Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 2. Initial Disbursements. Agency shall make disbursements of the Assistance following approval of this Agreement and prior to the commencement of the construction of the Improvements contemplated by the Scope of Development ("Initial Disbursements") only for previously incurred development costs and fees approved by Agency and set forth on the Budget (Attachment No. 11). 3. Conditions for Each Disbursement. Prior to each and every disbursement, the following conditions shall be satisfied: (a) Application. Developer shall have delivered the Application attached hereto as Attachment No. 10 to the Executive Director at least fifteen (15) business days prior to the requested disbursement. The Application shall be completed and certified to be accurate by Developer. The Application shall specifically identify the nature of each expense, by reference to items in the Budget, and shall identify the status of completion of such construction. (b) Approval of Application. The Executive Director shall have reviewed and approved the Application and accompanying documents, and the Executive Director shall have determined that the work is within the scope of the applicable section of the Budget within ten (10) business days. The Executive Director shall advise Developer of any issues within the ten (10) day period and shall pay all uncontested amounts requested by the Application within twenty (20)days or the receipt of the Application. (c) Amount: Frequency. Agency shall not be obligated to make disbursements more frequently than once per month. III. [300] DEVELOPMENT OF THE SITE A. [301] Development of the Site 1. [302] Scope of Development The Site shall be developed as 200 apartment units with ten percent (10%) set aside on a floating basis for low, and moderate income individuals. The development of the Site shall include both public improvements and private improvements on the Site and off -site public improvements required in the normal course of City's review of the development. The scope is more fully described in the Scope of Development (Attachment No. 3) and Specific Plan 99-037. The Developer shall commence and complete construction of the development of the Site by the respective times established therefor in the Schedule of Performance (Attachment No. 4). The Scope of Development (Attachment No. 3) shall include any plans and specifications submitted to the City and/or Agency for approval, and shall incorporate or show compliance with all mitigation measures. 0 ?' �` *� 3 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd , t 20 2. [303] Site Plan By the time set forth therefor in the applicable Schedule of Performance (Attachment No. 4), the Developer shall prepare and submit to the City for its approval a Site Plan and related documents which conform to the approved Specific Plan for the Project and the requirements of the City and which contain the overall plan for development of the Site in sufficient detail to enable the City to evaluate the proposal for conformity to the requirements of the La Quinta Municipal Code and this Agreement. The Site shall be developed as established in this Agreement and such documents, except as changes may be mutually agreed upon between the Developer and the Agency. Any such changes shall be within the limitations of the Scope of Development (Attachment No. 3). During the preparation of all drawings and plans, staff of the City and the Agency and the Developer shall hold regular progress meetings to coordinate the preparation of, submission to, and review of drawings, plans and related documents by the City. The staff of City and the Agency and the Developer shall communicate and consult informally as frequently as is necessary to insure that the formal submittal of any documents to the Agency can receive prompt consideration. 3. [304] Review and Approval of Plans. Drawings, and Related Documents The Agency and the City shall have the right to review and approve all plans and drawings which may be required by the City with respect to any permits and entitlements which are required to be obtained to develop the Project, including any changes therein. During each stage of the processing of plans for the Site, the Agency and the City shall have the right to require additional information and shall advise the Developer if any submittal of plans or drawings is not complete or not in accordance with City/Agency procedures. If the Agency or the City determines that such a submittal is not complete or not in accordance with procedures, such tender shall not be deemed to constitute a submittal for purposes of satisfying the Schedule of Performance (Attachment No. 4); provided, however, Agency or City, as applicable, shall provide Developer with a detailed written report of any such deficiency or noncompliance with procedures and Developer shall revise and resubmit such plans in accordance with the Schedule of Performance and such written report. If the Developer desires to make any substantial changes in the construction plans for the Site after their approval by the Agency and the City, the Developer shall submit the proposed change to the Agency and the City for their approval. If the construction plans, as modified by the proposed change, conform to the requirements of this Section 304 and the Scope of Development (Attachment No. 3), the Agency and the City will approve the proposed change and notify the Developer in writing within thirty (30) days after submission to the Agency and the City. pp,,n ``�� �� CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd . J 8 21 4. [305] Cost of Development With the exception of the Agency Assistance as set forth in Section 201 of this Agreement, all costs for planning, designing, and constructing the Improvements shall be borne exclusively by the Developer. The Developer shall also bear all costs related to discharging the duties of the Developer set forth in this Agreement. 5. [306] Construction Schedule The Developer shall use best efforts to commence and complete development of the Site by the respective times established therefor in the Schedule of Performance (Attachment No. 4). 6. [307] Indemnity. Bodily Injury and Property Damage Insurance The Developer shall defend, assume all responsibility for and hold the Agency and the City, and their respective officers, agents and employees, harmless from all claims or suits for, and damages to, property and injuries to persons, including accidental death (including attorneys fees and costs), which may be caused by any of the Developer's activities under this Agreement. The Developer shall take out and maintain during the life of this Agreement a comprehensive liability policy in the amount of One Million Dollars ($1,000,000) combined single limit policy, [including contractual liability,] as shall protect the Developer, the City, and the Agency from claims for such damages. Coverage shall be primary and not contributing with any policy or coverage maintained by or obtained by the Agency, and an appropriate endorsement shall so state. The policy shall contain a waiver of subrogation. Insurance coverage furnished by the Developer pursuant to this Section 307 shall conform to this Section 307 and shall pertain to all activities on the Site and adjacent public rights -of -way surrounding the Site and all work on off -site public improvements. Developer shall furnish or cause to be furnished to the Agency a Certificate of Insurance from the insurer evidencing compliance with this Section 307 and providing that the insurer shall not change or modify the policy without thirty (30) days' prior written notice to Agency. In the alternative, Developer may show proof of a certificate of consent to self -insure issued by the Director of Industrial Relations according to California Labor Code Section 3800. Developer additionally agrees to and shall save the Agency and the City and their officers, employees and agents harmless from and assume all responsibility for any and all liability or responsibility for damage, costs, losses, or suit arising in any manner from the approval of this Agreement or the development and activities conducted by Developer or its agents pursuant this Agreement. This obligation and indemnification shall constitute a covenant running with the land throughout the life of the Redevelopment Plan. CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 5 `1 '1 c 5 7. [308] City and Other Governmental Agency Permits Before commencement of construction or development of any buildings, structures or other works of improvement upon the Site or in connection with any off -site improvement, the Developer shall, at its own expense, secure or cause to be secured any and all permits which may be required by the City or any other governmental agent affected by such construction, development or work. It is understood that the Developer's obligation is to pay all necessary fees and to timely submit to the City final drawings with final corrections to obtain building permit; the Agency will, without obligation to incur liability or expense therefor, use its best efforts to expedite issuance of building permits and Certificates of Occupancy for construction that meets the requirements of the City Code. 8. [309] Rights of Access For purpose of assuring compliance with this Agreement, representatives of the Agency and the City shall have the right of access to the Site without charges or fees, at normal business hours during the period of this Agreement for the purposes of this Agreement, including, but not limited to, the inspection of the work being performed in constructing the Project, so long as they comply with all safety rules. Such representatives of the Agency or of the City shall be those who are so identified in writing by the Executive Director of the Agency. The Agency shall hold the Developer harmless from any bodily injury or related damages arising out of the activities of the Agency and the City as referred to in this Section 309. 9. [310] Local. State and Federal Laws The Developer shall perform under this Agreement and carry out its performance under this Agreement, including without limitation the construction of the Project, in conformity with all applicable Federal and State laws and local ordinances, including all applicable Federal and State labor standards, as to the Site, provided, however, Developer and its contractors, successors, assigns, transferees, and lessees are not waiving their rights to contest any such laws, rules or standards. 10. [311 ] Anti -Discrimination Pursuant to Section 33435 and 33050 of the California Community Redevelopment Law, the Developer for itself and its successors and assigns, agrees, that in the construction of Project on the Site or other performance under this Agreement, the Developer will not discriminate against any employee or applicant for employment because of sex, marital status, race, color, religion, ancestry, or national origin. 11. [312] Taxes and Assessments After the conveyance of title by Agency to Developers or its assignee, the Developer shall pay prior to delinquency all real estate taxes and assessments on the Site for any period subsequent to the conveyance of title and possession, so long as the (J,- CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 23 Developer retains any ownership interest therein. The Developer shall remove or have removed any levy or attachment made on the Site or any part thereof, or assure the satisfaction thereof within a reasonable time but in any event prior to any sale or transfer of all or any portions thereof. Notwithstanding the above, the Developer shall have the right to contest the validity or amounts of any tax, assessment, or encumbrance available to the Developer in respect thereto, and nothing herein shall limit the remedies available to the Developer in respect thereto. B. [313] Prohibition Against Transfer of the Site. the Buildings or Structures Thereon and Assignment of Agreement The Developer shall not, without prior approval of the Agency, make any total or partial sale, transfer, conveyance of, or enter into any assignment or ground lease of the whole or any part of the Site or of the buildings or structures on the Site prior to the issuance of the Certificate of Completion. Further, prior to any transfer of interest which results in the Developer no longer being the owner or having a controlling interest in the developed property, the Developer shall provide the Agency with evidence of the transfer, assignment and acceptance by the new owner of all of the operational and maintenance obligations set out in this Agreement, the Developer Note, Deed of Trust, and Covenants, Conditions, and Restrictions. This prohibition shall not be deemed to prevent leasing of the individual apartment units or the granting of temporary or permanent easements or permits to facilitate the development of the Site. C. [314] Right of the Agency to Satisfy Other Liens on the Site After Title Passes After the conveyance of title by Agency and prior to the completion of construction, and after the Developer has had written notice and has failed after a reasonable time, but in any event not less than forty-five (45) days, to challenge, cure, adequately bond against, or satisfy any liens or encumbrances on the Site which are not otherwise permitted under this Agreement, the Agency shall have the right, but no obligation to satisfy any such liens or encumbrances. Notwithstanding the above, the Developer shall have the right to contest the validity or amounts of any tax, assessment, or encumbrance available to the Developer in respect thereto. D. [315] Certificate of Completion Promptly after the completion of construction of the Project in conformity with this Agreement (as determined by the Executive Director of the Agency), upon the written request of the Developer the Agency shall furnish the Developer with the Certificate of Completion (in the form attached hereto as Attachment No. 9) which evidences and determines the satisfactory completion of the construction, and development of the Project, pursuant to the provisions and covenants specified in this Agreement, the Redevelopment Plan and the California Community Redevelopment Law. CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd n r`' 24 The issuance and recordation of a Certificate of Completion (Attachment No. 9) with respect to the Project shall not supersede, cancel, amend or limit the continued effectiveness of any obligations relating to the maintenance, or uses, or payment of monies, or any other obligations, except for the obligation to complete construction of the Project as of the time of the issuance of such applicable certificate in accordance with the requirements of this Agreement. The Agency shall not unreasonably withhold any Certificate of Completion. If the Agency refuses or fails to furnish a Certificate of Completion after written request from the Developer, the Agency shall, within ten (10) days of the written request, provide the Developer with a written statement of the reasons the Agency refused or failed to furnish such Certificate of Completion. The statement shall also contain the Agency's opinion of the action the Developer must take to obtain the Certificate of Completion. Upon issuance of a Certificate of Completion (Attachment No. 9) for the Project, construction of the Project shall be deemed to have been completed in conformity with this Agreement. The Certificate of Completion (Attachment No. 9) is not a Notice of Completion as referred to in Section 3093 of the California Civil Code. The issuance of a Certificate of Completion shall not affect the continued effectiveness of the Declaration of Conditions, Covenants and Restrictions (Attachment No. 8) recorded pursuant to this Agreement. E. [316] No Encumbrances Except Mortgages. Deeds of Trust. Sales and Leases -Back or Other Financing for Development (Reserved - not applicable to this Agreement) F. [317] Holder Not Obligated to Construct Improvements The holder of any mortgage, Deed of Trust or other security interest authorized by this Agreement shall in no way be obligated by the provisions of this Agreement to construct or complete the Project or to guarantee such construction or completion, nor shall any covenant or any other provision in the Grant Deed for the Site be construed so to obligate such holder. Nothing in this Agreement shall be deemed to construe, permit or authorize any such holder to devote the Site to any uses or to construct any improvements thereon other than those uses or improvements provided for or authorized by this Agreement. G. [318] Notice of Default to Mortgage. Deed of Trust or Other Security Interest Holders: Right to Cure Whenever the Agency shall deliver any notice or demand to the Developer with respect to any breach or default by the Developer in completion of construction of the Project, the Agency shall at the same time deliver a copy of such notice or demand to each holder or record of any mortgage, Deed of Trust or other security interest authorized by this Agreement who has previously made a written request to the Agency therefor. Each such CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd `7 6 °_14- holder shall (insofar as the rights of the Agency are concerned) have the right, at its option, within ninety (90) days after the receipt of the notice, to cure or remedy or commence to cure or remedy any such default and to add the cost thereof to the security interest debt and the lien on its security interest. In the event there is more than one such holder, the right to cure or remedy a breach or default of the Developer under this Section 318 shall be exercised by the holder first in priority or as the holders may otherwise agree among themselves, but there shall be only one exercise of such right to cure and remedy a breach or default of the Developer under this Section 318. Nothing contained in this Agreement shall be deemed to permit or authorize such holder to undertake or continue the construction or completion of the Project (beyond the extent necessary to conserve or protect the improvements or construction already made) without first having expressly assumed the Developer's obligations to the Agency by written agreement satisfactory to the Agency. The holder in that event must agree to complete, in the manner provided in this Agreement, the Project to which the lien or title of such holder relates and submit evidence satisfactory to the Agency that it has the qualifications and financial responsibility necessary to perform such obligations. Any such holder properly completing the Project shall be entitled, upon written request made to the Agency, to a Certificate of Completion from the Agency. H. [319] Failure of Holder to Complete Improvements In any case where, six (6) months after default by the Developer in completion of construction of the Project under this Agreement, the holder of any mortgage, Deed of Trust or other security interest creating a lien or encumbrance upon the Site has not exercised the option to construct, or if it has exercised the option and has not proceeded diligently with construction, the Agency may purchase the mortgage, Deed of Trust or other security interest by payment to the holder of the amount of the unpaid debt, plus any accrued and unpaid interest. If the ownership of the Site has vested in the holder, the Agency, if it so desires, shall be entitled to a conveyance of the Site from the holder to the Agency upon payment to the holder of an amount equal to the sum of the following: (a) The unpaid mortgage, Deed of Trust or other security interest debt at the time title became vested in the holder (less all appropriate credits, including those resulting from collection and application of rentals and other income received during foreclosure proceedings); (b) All expenses with respect to foreclosure; (c) The net expenses, if any (exclusive of general overhead), incurred by the holder as a direct result of the subsequent management of the Site; (d) The costs of any authorized improvements made by such holder; and (e) An amount equivalent to the interest that would have accrued on the aggregate of such amounts had all such amounts become part of the mortgage or Deed of Trust debt and such debt had continued in existence to the date of payment by the Agency. 0 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 26 [320] Right of Agency to Cure Mortgage Deed of Trust or Other Security Interest Default In the event of a default or breach by the Developer of a mortgage, Deed of Trust or other security interest with respect to the Site prior to the completion of the Project, and the holder has not exercised its option to complete the Project, the Agency may cure the default prior to completion of any foreclosure. In such event, the Agency shall be entitled to reimbursement from the Developer of all costs and expenses incurred by the Agency in curing the default. The Agency shall also be entitled to a lien upon the Site to the extent of such costs and disbursements. Any such lien shall be subject to mortgages, Deeds of Trust or other security interests executed for the sole purpose of obtaining funds to purchase and develop the Site as authorized herein. IV. [400] USE OF THE SITE A. [401] Affordable Housing 1. Number of Units Developer shall develop the Site consisting of up to 200 apartments on the Site and shall develop all on -site and off -site public improvements connected therewith, all as described and set forth in the Scope of Development (Attachment No. 3). Developer shall restrict the leases of ten (10) of the units to Low Income and ten (10) of the units to Moderate Income Households pursuant to the applicable income and affordability provisions contained herein. The Developer further covenants and agrees that the above -referenced occupancy and affordability requirements shall bind and be enforceable against the Site for the period of a minimum of thirty (30) years commencing with the acquisition of the Site by the Developer with the simultaneous recording of the Conditions, Covenants and Restrictions (Attachment No. 8). (a) "Affordable Rental Costs" shall mean that rent which shall not exceed the percentage of the gross income of the occupant person or household established by regulations of the United States Department of Housing and Urban Development which shall not be less than fifteen percent (15 %) of gross income nor exceed thirty percent (30%) of gross income, adjusted for family size and a utility allowance. (b) "Low Income Household" shall mean a household earning not greater than eighty percent (80 %) of Riverside County median income, as determined by the United States Department of Housing and Urban Development from time to time, as set forth in Health and Safety Code Section 50105. (c) "Moderate Income Household" shall mean a household earning not greater than one hundred and twenty percent (120%) of Riverside County median income, as determined by the United States Department of Housing and Urban Development from time to time, as set forth in Health and Safety Code Section 50105. CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd (' 27 B. [402] Uses In Accordance with Redevelopment Plan, Nondiscrimination The Developer covenants and agrees for itself, its successors, its assigns, and every successor in interest to the Site or any part thereof that the Developer and such successors and assignees, shall devote the Site to the uses specified in the Redevelopment Plan, the Grant Deed (Attachment No. 5), the Declaration of Conditions, Covenants and Restrictions (Attachment No. 8) and this Agreement for the periods of time specified therein. The foregoing covenants shall run with the land. The Developer covenants by and for itself and any successors in interest 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 sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site, nor shall the Developer itself or any person claiming under or though it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Site. The foregoing covenants shall run with the land. The Developer shall refrain from restricting the rental, sale or lease of the property on the basis of race, color, creed, religion, sex, marital status, national origin or ancestry of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: 1. In deeds: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through his or her heirs, executors, administrators and 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 sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or herself or any person claiming under or though him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land." 2. In leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: "There shall be no discrimination against or segregation or any person or group of persons or account of race, color, creed, religion, sex, marital status, ancestry or national origin in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 2 6 ;) U 3 �. discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the premises herein leased." 3. In contracts: "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, ancestry or national origin, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the transferee himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the premises." The covenants established in this Agreement and the deeds of conveyance for the Site shall, without regard to technical classification and designation, be binding for the benefit and in favor of the Agency, its successors and assigns, the City and any successor in interest to the Site, together with any property acquired by the Developer pursuant to this Agreement, or any part thereof. The covenants against racial discrimination shall remain in effect in perpetuity. C. [403] Effect of Violation of the Terms and Provisions of this Agreement After Completion of Construction The Agency is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own rights and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. The Agreement and the covenants shall run in favor of the Agency, without regard to whether the Agency has been, remains, or is an owner of any land or interest therein in the Site or in the Project Area. The Agency shall have the right, if this Agreement or covenants are breached, to exercise all rights and remedies, and to maintain any actions or suites at law or in equity or other property proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Agreement and covenants may be entitled. D. [404] Maintenance of the Site The Developer shall maintain the Improvements on the Site in conformity with the La Quinta Municipal Code and the requirements of the Declaration of Conditions, Covenants and Restrictions (Attachment No. 8), and shall keep the Site free from any accumulation of debris or waste materials. The Developer shall also maintain the landscaping required to be planted under the Scope of Development (Attachment No. 3) in a healthy and attractive condition. If, at any time, Developer fails to maintain the Site or any portion thereof, and said condition is not CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd V J k 6�13 c- corrected as soon as reasonably possible after written notice from the Agency, either the Agency or the City may perform the necessary maintenance and Developer shall pay such costs as are reasonably incurred for such maintenance. V. [500] DEFAULTS AND REMEDIES A. [501 ] Defaults - General Subject to the extensions of time set forth in Section 603, failure or delay by either party to perform any term or provision of this Agreement constitutes a default under this Agreement. A party claiming a default shall give written notice of default to the other party, specifying the default complained of and the actions required to correct such default. Except as otherwise expressly provided in Sections 508 and 509 of this Agreement, the claimant shall not institute proceedings against the other party if the other party within thirty (30) days from receipt of such notice immediately, with due diligence, commences to cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy as soon as reasonably practicable after receipt of such notice. B. [502] Legal Actions [503] Institution of Legal Actions In addition to any other rights or remedies and subject to the restrictions in Section 501, either party may institute legal action to seek specific performance of the terms of this Agreement, or to cure, correct or remedy any default, to recover damages for any default, or to obtain any other legal or equitable remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, State of California, in an appropriate municipal court in that county, or in the Federal District Court in the Central District of California. 2. [504] Applicable Law The laws of the State of California shall govern the interpretation and enforcement of this Agreement. 3. [505] Acceptance of Service of Process In the event that any legal action is commenced by the Developer against the Agency, service of process on the Agency shall be made by personal service upon the Executive Director or in such other manner as may be provided by law. In the event that any legal action is commenced by the Agency against the Developer, service of process on the Developer shall be made by personal service upon any officer or director of the Developer and shall be valid whether made with in or without the State of California or in such other manner as may be provided by law. i.Jr, 3 3 0 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd J1 y' C. [506] Rights and Remedies Are Cumulative Except as otherwise expressly stated 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. D. [507] Inaction Not a Waiver of Default Any failures or delays 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, or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. E. [508] Remedies [509] Damages If either party defaults with regard to any of the provisions of this Agreement, the non -defaulting party shall serve written notice of such default upon the defaulting party. If the default is not cured or commenced to be cured by the defaulting party within thirty (30) days after service of the notice of default (or within such other period as is set forth herein), the defaulting party shall be liable to the other party for any damages caused by such default. 2. [510] Specific Performance If either party defaults under any of the provisions of this Agreement, the non - defaulting party shall serve written notice of such default upon the defaulting party. If the default is not cured and/or commenced to be cured by the defaulting party within thirty (30) days of service of the notice of default, or such other time limit as may be set forth herein with respect to such default, the non -defaulting party as its option may thereafter (but not before) commence an action for specific performance of terms of this Agreement. VI. [600] GENERAL PROVISIONS A. [601] Notices. Demands and Communications Between Parties Written notices, demands and communications between the Agency and the Developer shall be sufficiently given if delivered by hand or dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of the Agency and the Developer at the addresses specified in Section 106 and 107, respectively. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section 601. U'J`I CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd t3 .i 31 Any written notice, demand or communication shall be deemed received immediately if delivered by hand and shall be deemed received on the tenth (10th) day from the date it is postmarked if delivered by registered or certified mail. B. [602] Conflicts of Interest No member, official or employee of the Agency shall have any personal interest, direct or indirect, in this Agreement, nor shall any member, official or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested. No member, official or employee of the Agency shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the Agency, or for any amount which may become due to the Developer or successor or on any obligations under the terms of this Agreement. C. [603] Enforced Delay-. Extension of Times of Performance In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default, and all performance and other date specified in this Agreement shall be extended, where delays or defaults are due to: war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor; subcontractor or supplier; acts or omissions of the other party; acts or failures to act of the City of La Quinta as the Agency or any other public or governmental agency or entity (other than the acts or failures to act of the Agency which shall not excuse performance by the Agency); or any other causes beyond the control or without the default of the party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of Agency and Developer. Notwithstanding the foregoing portion of this Section 603, the Developer is not entitled pursuant to this Section 603 to an extension of time to perform because of past, present, or future difficulty in obtaining suitable construction financing for the development of the Site or because of the physical condition or suitability of the Site for the purposes of this Agreement. D. [604] Non -Liability of Officials and Employees of the Agency and the Developer No member, official or employee of the Agency or the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd V'JJ 3�'%35 v Agency or the City or for any amount which may become due to the Developer or its successors, or on any obligations under the terms of this Agreement. No officer, director or employee of the Developer shall be personally liable to the Agency or the City, or any successor in interest, in the event or breach by the Developer. E. [605] Entire Agreement, Waivers This Agreement is executed in three (3) duplicate originals, each of which is deemed to be an original. This Agreement includes pages 1 through 36 and Attachment Nos. 1 through 11, which constitutes the entire understanding and agreement of the parties. Each of the foregoing Attachments are incorporated herein by reference. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement must be in writing by the appropriate authorities of the Agency and the Developer, and all amendments hereto must be in writing by the appropriate authorities of the Agency and the Developer. In any circumstance where under this Agreement either party is required to approve or disapprove any matter, approval shall not be unreasonably withheld. F. [606] Amendments to this Agreement The Developer and the Agency agree to mutually consider reasonable requests for amendments to this Agreement which may be made by any of the parties hereto, lending institutions, or bond counsel or financial consultants to the Agency, provided such requests are consistent with this Agreement and would not substantially alter the basic business terms included herein. For purposes of this paragraph the Agency's Executive Director shall have the authority to approve such an amendment. VII. [700] TIME FOR ACCEPTANCE OF AGREEMENT BY AGENCY This Agreement, when executed by the Developer and delivered to the Agency, must be authorized, executed and delivered by the Agency on or before , 1999, or this Agreement shall be void, except to the extent that the Developer shall consent in writing to a further extension of time for the authorization, execution and delivery of this Agreement. The date of this Agreement shall be the date when it shall have been signed by the Agency. n� C:\My Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd �j �) IN WITNESS WHEREOF, the Agency and the Developer have signed this Agreement on the respective dates set forth below. Dated: ATTEST: SAUNDRA L. JUHOLA, Agency Secretary City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, Agency Counsel City of La Quinta, California Dated: LA QUINTA REDEVELOPMENT AGENCY, a public body corporate and politic By: Its: RON PERKINS, Chairman THE SPANOS CORPORATION a California corporation By: Its: Gib 34 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd ATTACHMENT NO. 1 THE SITE 48TH AVENUE CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 6� � 1iJ3 35 ATTACHMIENT NO. 2 LEGAL DESCRIPTION OF PROPERTY LEGAL DESCRIPTION IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF THE SOUTHWEST ONE -QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST, S.B.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST ONE - QUARTER OF SECTION 29; THENCE NORTH 000 20' 08" WEST ALONG THE WESTERLY LINE OF SAID SOUTHWEST ONE -QUARTER A DISTANCE OF 1087.25 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 890 51' 38" EAST A DISTANCE OF 1115.00 FEET; THENCE SOUTH 000 20' 08" EAST PARALLEL WITH SAID WESTERLY LINE A DISTANCE OF 580.00 FEET; THENCE NORTH 890 51' 38" WEST A DISTANCE OF 1115.00 FEET TO A POINT ON SAID WESTERLY LINE; THENCE NORTH 000 20' 08" WEST ALONG SAID WESTERLY LINE A DISTANCE OF 580.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM AN EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES OVER THE WESTERLY 55.00 FEET OF SAID DESCRIBED PARCEL. ALSO EXCEPTING THEREFROM AN EASEMENT FOR LANDSCAPE AND PEDESTRIAN PURPOSES OVER THE EASTERLY 20.00 OF THE WESTERLY 75.00 FEET OF SAID DESCRIBED PARCEL. SUBJECT TO EXISTING EASEMENTS OF RECORD. COMPRISING 14.845 ACRES OF GROSS AREA, 13.847 ACRES OF NET AREA, MORE OR LESS. n (i'19 LAND CHARLES A. HARR4 (( MG. EXK ���� o• ,� G3 n MO. Am _ C h1 ATTACHMENT 3 SCOPE OF DEVELOPMENT GENERAL SUMMARY This document outlines general requirements for all improvements to the project Site, including on -Site and off -Site public improvements. Detailed requirements will be addressed in the development review process and approval of specific construction plans and related documents. II. DEVELOPMENT CONCEPT The development concept is to construct approximately 200 rental apartments with ten units affordable to low and ten units affordable to moderate incomes. The 14.2 acre Site (hereinafter "Site") is located south of State Highway 111 at Adams Street approximately 400 feet north of 48th Avenue. The Developer and Agency agree that the Site shall be developed and improved by the Developer in accordance with the provision of this agreement, subject to all applicable codes, ordinances, and statutes including requirements and procedures set forth in the La Quinta Municipal Code, and the Redevelopment Plan regulations adopted in conjunction with or subsequent to execution of this Agreement. III. SITE DESCRIPTION The proposed Site is 14.2 acres in size and is undeveloped. The Site as it currently exists has variable topography with sand dunes ranging in elevation from 1 to 10 feet in elevation with several sand hummocks. The Site is bordered to the north by commercial land use, and to the south and east by proposed Agency Affordable Housing Project and to the west existing single family residences. IV. ON -SITE DEVELOPMENT AND IMPROVEMENTS Developer shall, prepare a grading plan, scarify, overexcavate, cut, fill, compact, rough grade and fine grade, as required pursuant to a grading plan approved by the Director of Public Works, to create building pads, and appropriate rights of way configurations as necessary for construction of the project. Plans shall be prepared by a licensed civil engineer in good standing and subject to the approval of the Director of Public Work. Developer shall prepare or cause to be prepared Specific Plan 99-037 and Site Development Permit 99-650 which illustrates the Site, easements encumbering the Site, dedications and realignment of streets, if any. Developer shall grant and permit all necessary and appropriate utility easements and rights for the development of the Site, including but not limited to sanitary sewers, storm drains, water, electrical power, telecommunications, natural gas, cable; etc. U� r C:\My Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 37 V. PUBLIC IMPROVEMENTS The Developer shall be responsible for the installation of the necessary utility connections in the boundaries of the project Site between the improvements and the water, sanitary sewer, storm drain, electric, natural gas, telecommunications, cable television or other public utilities. The Developer shall secure any permits required for any such installation or installations. The Developer shall construct all required public improvements in accordance with the standards and specifications adopted by the city. The Developer shall be responsible for repairing any public improvements it damages during construction of the project. VI. DEVELOPMENT STANDARDS All development on the project Site shall conform with the development standards adopted as part of Specific Plan 99-037. A. General Project Design All structures on the Site shall be designed and constructed to be consistent with the conceptual drawings prepared as part of the development proposal submitted by the Developer. B. Dwelling Unit Design The dwelling units range in size from a minimum of 792 square feet to a maximum of 1121 square feet and include at least two distinct floor plans. There shall be a mix of 72 one and 128 two bedrooms unites, ten of which are affordable to low and ten to moderate income groups. Each of the units shall have covered parking. C. Development Process The developer and its representatives, including its architect and engineer, shall work with the Agency and City Staff to develop and execute the architectural concept, architectural drawings, Site plan, specific plan, precise plan, grading plan, off -Site improvement plans, landscaping plans and related plans consistent with the conditions of approval adopted by the City and Agency and the applicable regulations contained in the La Quinta Municipal Code. CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 38 ATTACHMENT #4 SCHEDULE OF PERFORMANCE SENIOR RENTAL APARTMENTS 1. Developer to submit to City, Completed. Specific Plan and Site Development Permit Applications. 2. City approves, or approves subject August 3, 1999. to conditions, Specific Plan and Site Development Permit applications and and this Agreement. 3. City approves this Affordable August 3, 1999. Housing Agreement. 4. Developer receives access permit Within 30 days of approval of AHA by to stage and pre -water site. City and Agency. 5. Developer submits evidence of Prior to transfer of title to the Site. satisfaction of the AHA conditions precedent set forth in Section 202 and 212. 6. Grading Plan. Developer submits grading plan to Within 120 days of approval of Affordable City. Housing Agreement. City provides correction comments Within 15 days of receipt of grading plan. to developer Developer completes corrections Within 30 days of receipt of City and resubmits to City. comments. City approves grading plan. Within 15 days of receipt of resubmittal. Developer submits approved grading plan and receives permit Within 30 days of receipt of approved from City. grading plan. 61 2- CAMy Documents\WPDOCSWgrmt-Spanos - AFA - Apanments.wpd 39 7. Construction Drawings Developer submits construction Within 150 days of receipt of approval of drawings to City. the Affordable Housing Agreement. City provides correction comments Within 45 days of receipt of construction to developer. drawings. Developer completes corrections Within 30 days of receipt of City and resubmits to City. comments. City approves construction drawings. Within 30 days of receipt of resubmittal. Developer submits approved Within 30 days of receipt of approved grading plan and receives permits. grading plan. 8. Developer shall obtain all Prior to commencement of the respective necessary permits for the improvement construction. construction of the improvements. 9. Developer shall commence grading Within 30 days of issuance of grading operations. permit. 10. Developer shall commence Within 6 months of issuance of building construction. permits. 11. Developer shall complete Within 30 months after approval of the construction of the Development Affordable Housing Agreement. 12. Upon completion of construction, Within 10 days after Agency receipt of Agency shall issue a Certificate of written request from Developer for Completion for the improvements or Certificate of Completion pursuant to shall provide Developer with a Section 315 of the AHA. written explanation of reasons why such a Certificate shall not be issued. 13. Developer receives complete bond Within 60 days of receipt of Certificate of exoneration from City and installs Completion. all final monuments. 043 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 40 ATTACHMENT NO. 5 FORM OF GRANT DEED RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: The Spanos Corporation 3773 Howard Hughes Parkway, Suite 5905 Las Vegas, Nevada 89109. Attention: MAIL TAX STATEMENTS TO: Same as above. Assessor's Parcel Number: GRANT DEED This document is exempt from payment of a recording fee pursuant to Government Code Section 6103. LA QUINTA REDEVELOPMENT AGENCY By: Its: Executive Director FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the undersigned, LA QUINTA REDEVELOPMENT AGENCY, a public body corporate and politic ("Grantor"), hereby grants to THE SPANOS CORPORATION., a California corporation ("Grantee"), that certain real property in the City of La Quinta, County of Riverside, State of California described in Exhibit "A" attached hereto and incorporated herein, together with any and all buildings and improvements located thereon (the "Property"). This Grant Deed is conditioned upon the affordability restrictions set out in Section 401 of the Affordable Housing Agreement for Apartments and the Declarations of Conditions, Covenants and Restrictions recording simultaneously herewith Date: LA QUINTA REDEVELOPMENT AGENCY, a public body corporate and politic M CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd THOMAS P. GENOVESE 044 Executive Director 61& State of California ) ) ss. County of Riverside ) On before me, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Signature Printed name Commissioner expires State of California ) ) ss. County of Riverside ) On before me, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Signature Printed name Commissioner expires s sl 045 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 42 I ATTACHMENT NO. 6 FORM OF PROMISSORY NOTE SECURED BY DEED OF TRUST La Quinta, California August 3, 1999 On (the "Maturity Date"), for money advanced and value received, the undersigned (the "Promisor"), promises to pay to the La Quinta Redevelopment Agency (the "Holder"), or to order at 78-495 Calle Tampico, La Quinta, California 92253, or any other place designated in a writing submitted by Holder to Promisor, the principal sum of $217,723, with no interest on the principal amount; provided, however, that the payment of the principal sum shall be waived and the obligation deemed for all purposes fully satisfied after a time period of thirty (30) years and upon performance by Promisor of considerations and covenants provided in the Affordable Housing Agreement for Senior Apartments executed by and between the Promisor and the Holder, dated the same date as this Developer Note and executed concurrently herewith (the "Affordable Housing Agreement"), or upon termination of the Affordable Housing Agreement under its terms. Principal and interest payable under this Developer Promissory Note, if any, shall be paid in lawful money of the United States of America. There shall be no prepayment of this Developer Promissory Note. This Developer Promissory Note is secured by, among other things, the Deed of Trust and Security Agreement with Assignment of Rents and Agreements dated the same date as this Developer Promissory Note, executed by Promisor, as trustor, in favor of Holder, as beneficiary (the "Deed of Trust"), and encumbering the fee interest in the real property described in the Deed of Trust (the "Land"). The Holder will be entitled to the benefits of the security provided by the Deed of Trust and will have the right to enforce the covenants and agreements of Promisor contained in the Deed of Trust and the Affordable Housing Agreement. If: a. Promisor fails to pay when due any sums payable under this Developer Promissory Note; or b. an Event of Default (as defined in the Deed of Trust) occurs; or C. a default under the Affordable Housing Agreement occurs which is not cured within the applicable cure period set forth therein; then Holder, at its sole option, shall have the right to declare all sums owing under this Developer Promissory Note immediately due and payable. However, if any document related to this Developer Promissory Note (including, but not limited to, the Affordable v4S CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 43 Housing Agreement) provides for the automatic acceleration of payment of sums owing under this Developer Promissory Note, all sums owing shall be automatically due in accordance with the terms of that document. Promisor shall pay to Holder all sums owing under this Developer Promissory Note, if not waived, without deduction, offset, or counterclaim of any kind. The advance of money evidenced by this Developer Promissory Note and secured by the Deed of Trust shall in no manner make Holder the partner or joint venturer of Promisor. If any attorney is engaged by Holder to enforce or construe any provision of this Developer Promissory Note, the Deed of Trust, the Affordable Housing Agreement or any other Security Documents (as defined in the Deed of Trust) or as a consequence of -any Event of Default, with or without the filing of any legal action or proceeding, then Promisor shall immediately pay to Holder on demand all reasonable attorney fees and other costs incurred by Holder, together with interest. No previous waiver or failure or delay by Holder in acting with respect to the terms of this Developer Promissory Note, the Deed of Trust or the Affordable Housing Agreement shall constitute a waiver of any breach, default, or failure of condition under this Developer Promissory Note, the Deed of Trust or the Affordable Housing Agreement. A waiver of any term of this Developer Promissory Note, the Deed of Trust or the Affordable Housing Agreement must be made in writing and shall be limited to the express written terms of the waiver. If there are any inconsistencies between the terms of this Developer Promissory Note and the terms of the Deed of Trust or the Affordable Housing Agreement, the terms of this Developer Promissory Note shall prevail. All notice required or permitted in connection with this Developer Promissory Note shall be in writing and shall be given at the place and in the manner provided in the Deed of Trust for the giving of notices. If this Developer Promissory Note is executed by more than one person or entity as Promisor, the obligations of each person or entity shall be joint and several. No person or entity shall be a mere accommodation maker, but each shall be primarily and directly liable. Promisor waives presentment; demand; notice of dishonor; notice of default or delinquency; notice of acceleration; notice of protest and nonpayment; notice of costs, expenses, or losses and interest; notice of interest on interest and late charges; and diligence in taking any action to collect any sums owing under this Developer Promissory Note or in proceeding against any of the rights or interests to properties securing payment of this Developer Promissory Note. Time is of the essence with respect to every provision of this Developer Promissory Note. This Developer Promissory Note shall be construed and enforced in accordance with the laws of the State of California, except to the extent that Federal law preempts state law, and all persons and entities in any manner obligated under this Developer Promissory Note consent to the jurisdiction of any Federal or State Court within California having proper venue and also consent to service of process by any means authorized by California or Federal law. CAMy DocumenOWPDOMAgrmt-Spanos - AFA - Apartments.wpd 2 44047 Promisor shall not be personally liable for the payment of the indebtedness or any obligations evidenced by this Developer Promissory Note or the Affordable Housing Agreement, and any judgment or decree in any action brought to enforce the obligation of Promisor to pay the indebtedness shall be enforceable against Promisor and the partners of the Promisor, if any, only to the extent of Promisor's interest in the Land and any other collateral pledged, encumbered, or otherwise covered by the Deed of Trust. Any judgment or decree shall not be subject to execution, or be a lien, on the assets of Promisor and the partners of the Promisor, if any, other than Promisor's interest in the Land and any other collateral pledged, encumbered, or otherwise covered by the Deed of Trust. Nothing in the preceding paragraph shall affect or limit the rights of Holder to enforce any of Holder's rights or remedies with respect to any portion of the Land or any other collateral pledged, encumbered, or otherwise covered by the Deed of Trust. THE SPANOS CORPORATION, a California corporation By: Its: C:\My Documents\WPDOCSWgnnt-Spanos - AFA - Apartments.wpd t3 ATTACHMENT NO.7 DEED OF TRUST AND SECURITY AGREEMENT, WITH ASSIGNMENT OF RENTS AND AGREEMENTS RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: LA QUINTA REDEVELOPMENT AGENCY ) 78-495 Calle Tampico ) La Quinta, California 92253 ) Attention: Executive Director ) Space Above For Recorder Assessor's Parcel # This Agreement is recorded at the request and for the benefit of the Agency and is exempt from the payment of a recording fee pursuant to Government Code Section 6103. LA QUINTA REDEVELOPMENT AGENCY Bv: Its: Executive Director Dated: August 3, 1999 DEED OF TRUST AND SECURITY AGREEMENT, WITH ASSIGNMENT OF RENTS AND AGREEMENTS NOTICE: THIS DEED OF TRUST AND SECURITY AGREEMENT, WITH ASSIGNMENT OF RENTS AND AGREEMENTS CONTAINS A SUBORDINATION CLAUSE WHICH MAY RESULT IN YOUR SECURITY INTEREST IN THE LAND BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 449 TABLE OF CONTENTS Paae ARTICLE 1. DEFINITIONS....................................................... 2 Section 1.1 Certain Defined Terms ................................ 2 ARTICLE 2. WARRANTY OF TITLE ............................................... 4 ARTICLE 3. REPRESENTATIONS AND WARRANTIES ................................ 4 Section 3.1 Organization of the Trustor ............................. 5 Section 3.2 Validity of Security Documents .......................... 5 Section 3.3 Representations to Beneficiary .......................... 5 Section 3.4 Use of Proceeds of Loan .............................. 6 Section 3.5 Other Arrangements .................................. 6 Section 3.6 Litigation ........................................... 6 Section 3.7 Other Warranties .................................... 6 Section 3.8 Compliance with Laws ................................ 7 ARTICLE 4. AFFIRMATIVE COVENANTS ........................................... 7 Section 4.1 Obligations of Trustor................................. 7 Section 4.2 Insurance .......................................... 8 Section 4.3 Maintenance, Waste, and Repair ........................ 8 Section 4.4 Impositions ......................................... 8 Section 4.5 Compliance with Law ................................. 8 Section 4.6 Books a.nd Records .................................. 9 Section 4.7 Further Assurances .................................. 9 Section 4.8 Statement by Trustor................................. 9 Section 4.9 Indemnity .......................................... 9 Section 4.10 Reimbursement ..................................... 10 Section 4.11 Litigation ........................................... 10 Section 4.12 Tax Receipts ....................................... 10 Section 4.13 Additional Information ................................. 10 Section 4.14 Right of Entry ....................................... 10 : 7L6]4AN NEGATIVE COVENANTS ............................................. 11 Section 5.1 Restrictive Uses ..................................... 11 Section 5.2 Subordination to Other Financing ........................ 11 Section 5.3 Transferability ....................................... 11 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 6 47650 ENVIRONMENTAL PROVISIONS ....................................... 12 Section 6.1 Warranties and Covenants ............................. 12 Section 6.2 Inspection and Receivership Rights ...................... 14 Section 6.3 Release and Indemnity ................................ 15 Section 6.4 Request for Information ............................... 15 ARTICLE 7. CASUALTIES AND CONDEMNATION ................................... 16 Section 7.1 Casualties .......................................... 16 Section 7.2 Condemnation ...................................... 16 ARTICLE 8. EVENTS OF DEFAULT AND REMEDIES .................................. 17 Section 8.1 Events of Default .................................... 17 Section 8.2 Power of Sale ....................................... 18 Section 8.3 Proof of Default ..................................... 19 Section 8.4 Protection of Security ................................. 19 Section 8.5 Receiver ........................................... 20 Section 8.6 Curing the Defaults ................................... 20 Section 8.7 Inspection Rights .................................... 21 Section 8.8 Judgment on Environmental Provision .................... 21 Section 8.9 Waive Lien ......................................... 21 Section 8.10 Remedies Cumulative ................................ 22 ARTICLE 9. SECURITY AGREEMENT ............................................. 22 Section 9.1 Security Interest ..................................... 22 Section 9.2 Remedies .......................................... 22 Section 9.3 Expenses ........................................... 23 Section 9.4 Assignment of Agreements ............................ 23 ARTICLE 10. ASSIGNMENT OF LEASES AND RENTS ................................. 24 Section 10.1 Assignment ......................................... 24 Section10.2 License ............................................ 24 Section 10.3 Effect of Assignment ................................. 24 Section 10.4 Leasing Covenants ................................... 25 Section 10.5 Application of Rents .................................. 25 Section 10.6 Remedies .......................................... 26 Section 10.7 Definitions .......................................... 26 ARTICLE 11. MISCELLANEOUS................................................... 26 Section 11.1 Successor Trustee ................................... 26 Section 11.2 No Waiver .......................................... 26 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd A $5 (U I Section11.3 Abandonment ....................................... 27 Section 11.4 Notices ............................................ 27 Section 11.5 Survival ............................................ 27 Section 11.6 Severability......................................... 28 Section 11.7 References to Foreclosure ............................. 28 Section 11.8 Joinder of Foreclosure ................................ 28 Section 11.9 Rights of Beneficiary and Trustee ....................... 28 Section 11.10 Copies ....................................... 29 Section 11.11 Subordination to Contracts of Sale and Leases ....... 29 Section 11.13 Performance by Trustor .......................... 29 Section 11.14 Junior Liens ................................... 30 Section 11.15 Waiver of Statute of Limitations .................... 30 Section 11.16 Charges for Statements .......................... 30 Section 11.17 Waiver of Marshaling Rights ...................... 30 Section 11.18 Acceptance of Trust; Powers and Duties of Trustee .... 30 Section 11.19 Releases, Extensions, Modifications, and Additional Security ...................................... 31 Section11.20 Reconveyance................................. 31 Section 11.21 Subrogation ................................... 32 Section 11.22 Obligations of Trustor Joint and Several ............. 32 Section 11.23 Rules of Construction ........................... 32 Section 11.24 Successors in Interest ........................... 32 Section11.25 No Offset ..................................... 32 Section 11.26 Governing Law ................................. 32 Section 11.27 Partial Reconveyances .......................... 32 r- CAMy Documents\WPDOCSWgrmt-Spanos - AFA - Apartments.wpd 46' J 2- DEED OF TRUST AND SECURITY AGREEMENT, WITH ASSIGNMENT OF RENTS AND AGREEMENTS This Deed of Trust, Security Agreement, and Fixture Filing with Assignment of Rents and Agreements (the "Deed of Trust") is made as of August 3, 1999, by THE SPANOS CORPORATION., a California corporation (the "Trustor"), to First American Title Insurance Company (the "Trustee"), for the benefit of the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic ("Beneficiary"). WITNESSETH: Trustor does irrevocably grant, transfer, and assign to Trustee, in trust, with power of sale, all Trustor's right, title, and interest now owned or later acquired in the fee interest in the real property (the "Land") located in the City of La Quinta, County of Riverside, California, and more particularly described in attached Exhibit A, attached hereto and incorporated herein by reference (Trustor agrees that any greater title to the Land later acquired during the term of this Deed of Trust will be subject to this Deed of Trust),together with the rents, issues, and profits, subject however, to the right, power, and authority granted and conferred on Trustor in this Deed of Trust to collect and apply the rents, issues, and profits; and Trustor also irrevocably grants, transfers, and assigns to Trustee, in trust, with power of sale, all of Trustor's right, title, and interest now owned or later acquired to the following property (including the rights or interests pertaining to the property) located on the Land: (1) all appurtenances, easements, water and water rights, and pumps and pumping plants, and all shares of stock evidencing these; all of these items, whether now or later acquired, being declared to be for all purposes of this Deed of Trust a part of the Land, the specific enumerations in this Deed of Trust not excluding the general; above. (2) the rents, issues, profits, and proceeds thereof; and (3) the Land to the extent any fee interest is not included in clauses (1) and (2) For the purpose of securing, in the order of priority that Beneficiary determines (1) repayment of moneys advanced by the Beneficiary to the Trustor (the "Loan") as evidenced by a Developer Promissory Note of Trustor of the same date as this Deed of Trust in the principal amount of Six Million Seven Hundred and Thirteen Thousand and Four Hundred and Sixteen Dollars ($217,723) (the "Developer Note"), a copy of which is incorporated herein by reference and attached hereto as Exhibit B, payable to Beneficiary or to order, and all extensions, modifications, or renewals of that Developer Note; (2) payment of all sums, if any, due on the Loan according to the terms of the Developer Note; 6 2 7 L�r CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 5 6U J 3 (3) payment of all other sums (with interest as provided in this Deed of Trust) becoming due and payable to Beneficiary or Trustee pursuant to the terms of this Deed of Trust; and (4) performance of every obligation contained in this Deed of Trust, the Developer Note, the Affordable Housing Agreement of the same date as this Deed of Trust entered into by and between the Trustor and the Beneficiary (the "Affordable Housing Agreement"), and any agreements, supplemental agreements, or other instruments of security executed by Trustor as of the same date of this Deed of Trust for the purpose of further securing any obligation secured by this Deed of Trust, or any part of it, or for the purpose of supplementing or amending this Deed of Trust or any instrument secured by this Deed of Trust. ARTICLE 1. DEFINITIONS Section 1.1 Certain Defined Terms. Capitalized terms used herein shall have the following meanings unless the context in which they are used clearly requires otherwise. Collateral: The Collateral as defined in Section 9.1 of this Deed of Trust. Default Rate: The maximum rate of interest authorized under the laws of the State of California. Event of Default: Any of the events of default listed under Section 8.1 herein. Loan: The principal and all other amounts, payments, and premiums due, if not waived, under the Developer Note and any extensions or renewals (including, without limitation, extensions or renewals at a different rate of interest, regardless of whether evidenced by a new or additional promissory note or notes as agreed to in writing by Trustor), and all other indebtedness or obligations of Trustor to Beneficiary under or secured by this Deed of Trust. Hazardous Materials: The meaning set forth in Section 214(5) of the Affordable Housing Agreement. Hazardous Materials Claim: Any enforcement, cleanup, removal, remedial, or other governmental, regulatory, or private actions, agreements, or orders threatened, instituted, or completed pursuant to any Hazardous Materials Law, together with all claims made by any third party against Trustor or the Land relating to damage, contribution, cost -recovery compensation, loss, or injury resulting from the presence, release, or discharge of any Hazardous Materials. CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 6?8 5 I `, 4 Hazardous Materials Law: Those federal, state, or local laws set forth in Section 214(5) of the Affordable Housing Agreement. Impositions: All real estate and personal property taxes and other taxes and assessments, water and sewer rates and charges, and all other governmental charges and any interest or costs or penalties with respect to those charges, assessments, or taxes, ground rent and charges for any easement or agreement maintained for the benefit of the Land, general and special, that at any time prior to or after the execution of the Enforcement Documents may be assessed, levied, imposed, or become a lien on the Land or the rent or income received from the Land, or any use or occupancy of the Land; and any charges, expenses, payments, or assessments of any nature, if any, that are or may become a lien on the Land or the rent or income received from the Land. Improvements: All buildings, improvements, and appurtenances on the Land, and all improvements, additions, and replacements of those improvements and other buildings and improvements, at any time later constructed or placed on the Land. Land: The real property as located in the City of La Quinta, Riverside County, California and more particularly described in attached Exhibit A and any fee interest now owned or later acquired in such property, together with all rights, privileges, hereditaments, tenements, rights of way, easements and appurtenances of the land. Material Adverse Change: Any material and adverse change in: (i) the business or properties or condition (financial or otherwise) of Trustor; or (ii) the condition or maintenance of the Land. Obligations: All of the covenants, promises, and other obligations (other than the Loan) made or owing by Trustor to or due to Beneficiary under or as set forth in the Deed of Trust. Person: Any natural person, corporation, firm, association, government, governmental agency, or any other entity, whether acting in an individual, fiduciary, or other capacity. Personalty: Trustor's interest, if any, in all accounts, contract rights, and general intangibles (specifically including any insurance proceeds and condemnation awards) arising out of the ownership and maintenance of the Land. Protect: The land and the apartment project known as the AVENTINE. Receiver: Any trustee, receiver, custodian, fiscal agent, liquidator, or similar officer. CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 5 4� J Release: Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, including continuing migration, of Hazardous Substances that goes into the soil, surface water, or groundwater of the Land, whether or not caused by, contributed to, permitted by, acquiesced to, or known to Trustor. Security Documents: This Deed of Trust and all other documents now or later securing any part of the payment of the Loan or the observance or performance of the Obligations. Title Policy: The title insurance policy issued by First American Title Insurance Company to Beneficiary. Trustor: Collectively, Trustor or any obligor under the Developer Note and the Affordable Housing Agreement, together with their respective affiliates and their respective employees, representatives, and agents. ARTICLE 2. WARRANTY OF TITLE Trustor warrants that: (a.) Trustor is the lawful owner of the Land; (b.) Trustor shall maintain and preserve the lien of this Deed of Trust until the Loan has been paid in full or has been waived by the Beneficiary under the provisions of the Developer Note; (c.) Trustor has good, right, and lawful authority to grant the Land as provided in this Deed of Trust; and (d.) Trustor will forever warrant and defend the grant made in this Deed of Trust against all claims and demands, except as are specifically set forth in this Deed of Trust. ARTICLE 3. REPRESENTATIONS AND WARRANTIES Trustor represents and warrants to Beneficiary that as of the date of this Deed of Trust: Section 3.1 Organization of the Trustor. (a.) Trustor is a duly organized corporation, validly existing, and in good standing under the laws of the State of California and is qualified to do business in California. 65� 6Ju CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 53 (b.) Trustor has the requisite power and authority to own and maintain its properties, to carry on its business as now being conducted, and to own, maintain and lease the Land. Section 3.2 Validity of Security Documents. (a.) The execution, delivery, and performance by the Trustor of the Security Documents and the borrowings evidenced by the Developer Note: (i) are within the power of the Trustor; (ii) have been duly authorized by all requisite corporate or partnership actions, as appropriate; (iii) have received all necessary governmental approval; and (iv) will not violate any provision of law, any order of any court or agency of government, the charter documents of the Trustor, or any indenture, agreement, or any other instrument to which the Trustor is a party or by which the Trustor or any of its property is bound, nor will they conflict with, result in a breach of, or constitute (with due notice and lapse of time) a default under any indenture, agreement, or other instrument, or result in the creation or imposition of any lien, charge, or encumbrance of any nature on any of the property or assets of the Trustor, except as contemplated by the provisions of the Security Documents. (b.) Each of the Security Documents, when executed and delivered to Beneficiary, will constitute a valid obligation, enforceable in accordance with its terms. Section 3.3 Representations to Beneficiary. (a.) All financial statements, reports, papers, data, and information given to Beneficiary with respect to Trustor, and the Land and with respect to the Trustor's ability to own and maintain the Land in accordance with the Affordable Housing Agreement are: (i) accurate and correct in all material respects and complete insofar as completeness may be necessary to give Beneficiary a true and accurate knowledge of the subject matter; (ii) accurately in all material respects present the results of the operations of the Trustor for the periods for which they have been furnished; and (iii) in regards to financial statements, have been prepared in accordance with generally accepted accounting principles consistently applied throughout the periods covered. 6 31- CAMy Documents\W PDOCS\Agrmt-Spanos - AFA - Apartments.wpd 5 4 J 7 (b.) All information and financial statements with respect to the Trustor furnished to Beneficiary disclose all liabilities of the Trustor, fixed and contingent, as of their respective dates. Section 3.4 Use of Proceeds of Loan. Trustor will use the funds or the Land advanced pursuant to the Developer Note for the purposes set forth in the Affordable Housing Agreement. Section 3.5 Other Arrangements. Trustor is not a party to any agreement or instrument materially and adversely affecting Trustor's present or proposed business, properties, assets, operation, or condition, financial or otherwise; and Trustor is not in default in the performance, observance, or fulfillment of any of the material obligations, covenants, or conditions in any agreement or instrument to which Trustor is a party that materially and adversely affect Trustor's present or proposed business, properties, assets, operation, or condition, financial or otherwise. Section 3.6 Litigation. tion. There is not now pending against Trustor, nor to the knowledge of the Trustor is there threatened, any action, suit, or proceeding at law or in equity or before any administrative agency that, if adversely determined, would materially impair or affect: (a.) the financial condition or the ability of the Trustor necessary to operate and maintain and sell the Land and Restricted Units in accordance with the Affordable Housing Agreement: or (b.) the condition of the Land. Section 3.7 Other Warranties. (a.) The Land is used principally or primarily for purposes designated in the Affordable Housing Agreement; (b.) Trustor is engaged in the development, , operation and sale of the Improvements; and (c.) the principal purpose of the Loan is to induce, cause and assist the development, construction and sale of housing on the Land at affordable costs for moderate income households in a number of units and for a duration beyond that required by State of California and federal law. 63 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 55 ( a3 l7 Section 3.8 Compliance with Laws. Except as otherwise provided in this Deed of Trust, the Land and the proposed and actual use of the Land comply in all material respects with all laws, ordinances, rules, and regulations of all local, regional, county, state, and federal governmental authorities having jurisdiction (including, but not limited to, the Americans With Disabilities Act), and there is no action or proceeding pending or, to the knowledge of Trustor after due inquiry, threatened before any court, quasi-judicial body, or administrative agency at the time of any disbursement by Beneficiary relating to the validity of the Loan or the proposed or actual use of the Land. . ARTICLE 4. AFFIRMATIVE COVENANTS Until the entire Loan has been paid in full or waived, Trustor covenants to and agrees with Beneficiary as follows: Section 4.1 Obligations of Trustor. Subject to the provisions set forth in the Developer Note, Trustor will pay the Loan and Trustor will continue to be liable for the payment of the Loan until it has been paid in full or until repayment has been waived or forgiven by the Beneficiary under the terms of the Developer Note. Trustor (a) will timely perform all the covenants, agreements, terms, and conditions to be performed by Trustor: (i) under this Deed of Trust and the Affordable Housing Agreement; (ii) as seller under each contract of sale of, for which a contract of sale has been approved in writing by Beneficiary; (iii) as required of Trustor under each document and agreement constituting one of the Security Documents; and (iv) under all other agreements between Trustor and Beneficiary in accordance with the respective terms of the agreement; and (b) will not cancel, surrender, modify, amend, or permit the cancellation, surrender, modification, or amendment of any of the previously mentioned agreements or any of the covenants, agreements, terms, or conditions contained in any of them, except in the ordinary course of Trustor's business, without the prior written consent, in each case, of Beneficiary which, consent shall not be unreasonably withheld. 633 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 5 66 J 9 Section 4.2 Insurance. (a.) Trustor, at its sole cost and expense, will obtain and maintain or shall cause to be obtained and maintained public liability insurance covering the Land and the ownership, use, occupancy, and maintenance of the Land and the Project in accordance with the Affordable Housing Agreement. (b.) Trustor, at its sole cost and expense, but for the mutual benefit of Trustor and Beneficiary, will maintain during the term of this Deed of Trust other insurance, and in any amounts, as may from time to time be reasonably required by Beneficiary against other insurable risks. (c.) Effective on the occurrence of any Event of Default, all of Trustor's right, title, and interest in all policies of property insurance and any unearned premiums paid are assigned to Beneficiary, who may assign them to any purchaser of the Land at any foreclosure sale. Section 4.3 Maintenance. Waste. and Repair. Trustor will maintain the Land now or later existing in good and tenantable repair, and will not structurally alter any Improvements located thereon without the prior written consent of Beneficiary, or remove or demolish them in whole or in part, nor will Trustor suffer any waste of the Land or make any change in the use of the Land that will in any way impair the security of this Deed of Trust. Trustor will not abandon the Land or leave the Land unprotected, vacant, or deserted. Section 4.4 Impositions. Trustor will pay prior to delinquency all Impositions that are or that may become a lien on the Land or are assessed against the Land or its rents, royalties, profits, and income. Section 4.5 Compliance with Law. Trustor will preserve and keep in full force its existence, rights, and powers. Trustor will promptly and faithfully comply with all present and future laws, ordinances, rules, regulations, and requirements of every governmental authority or agency and of every board of fire underwriters (or similar body exercising similar functions) having jurisdiction that may be applicable to it or to the Land or to the use or manner of occupancy, possession, operation, maintenance, alteration, or repair of the Land or any part of it. Section 4.6 Books and Records. Trustor will maintain complete books of account and other records reflecting the results of Trustor's operations maintenance and lease of the Land, in a form satisfactory to Beneficiary, and furnish to Beneficiary any information about the financial condition of 634 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 56 6 0 Trustor, and the sales and maintenance of the Land as Beneficiary reasonably requests, including, but not limited to, copies of any reports by independent public accountants submitted to Trustor concerning the Land. Beneficiary will have the right, at all reasonable times and on reasonable notice, to audit, at Trustor's sole cost and expense, Trustor's books of account and records relating to the Land, all of which will be made available to Beneficiary and Beneficiary's representatives for that purpose, from time to time, on Beneficiary's request. Section 4.7 Further Assurances. Trustor, at Trustor's expense and at any time on the reasonable request of Beneficiary, will execute, acknowledge, and deliver any additional papers and instruments and any further assurances of title and will do or cause to be done all further acts and things that may be proper or reasonably necessary to carry out the purpose of this Deed of Trust and to subject to the liens any property intended by the terms to be covered and any renewals, additions, substitutions, replacements, or betterments. Section 4.8 Statement by Trustor. Trustor, on ten (10) days' written request, will furnish a statement of the amount due or outstanding on the Developer Note and a statement of any offsets, counterclaims, or defenses to the payment. Section 4.9 Indemnity. (a) If any action or proceeding (whether judicial, regulatory, or administrative) is threatened or commenced, except an action to foreclose this Deed of Trust or to collect the Loan: (i) that affects the Land or any portion of it; (ii) for which Beneficiary is a party; or (iii) in which it becomes necessary to defend or uphold the lien of this Deed of Trust; then all reasonable costs, fees, and expenses incurred by Beneficiary with respect to the action or proceeding (including, without limitation, reasonable attorney fees and expenses) will, within thirty (30) days after the submission of bills for the costs to Trustor, be paid directly to the billing party by Trustor. (b) In addition, Trustor agrees to pay all costs, including, without limitation, reasonable attorney fees and expenses, incurred by Beneficiary in enforcing the terms of this Deed of Trust or the Affordable Housing Agreement. Trustor agrees to indemnify and CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 63,} 5Q 61 hold Beneficiary harmless from all liability, loss, damage, or expense (including, without limitation, reasonable attorney fees) that it may incur under this Deed of Trust, or in connection with the Loan secured by this Deed of Trust, the enforcement of any of Beneficiary's rights or remedies, any action taken by Beneficiary under this Deed of Trust, or by reason or in defense of any claims and demands that may be asserted against Beneficiary arising out of the Collateral, unless caused by the negligence or willful misconduct of Beneficiary. Section 4.10 Reimbursement. Beneficiary will have the right to declare immediately due any amount paid by it for any real property tax, stamp tax or assessment. Section 4.11 Litigation. Trustor will promptly give written notice to Beneficiary of any litigation commenced or threatened affecting Trustor or the Land other than unlawful detainer proceedings brought by Trustor. Section 4.12 Tax Receipts. Subject to the provisions of Section 4.4 of this Deed of Trust, Trustor will present to Beneficiary, within seven (7) days after written demand, bills (that will be receipted from and after the date receipted bills are obtainable) showing the payment to the extent then due of all taxes, assessments or any other Imposition that may have become a lien on the Land prior to the lien of this Deed of Trust. Section 4.13 Additional Information. Trustor will furnish to Beneficiary, within seven (7) days after written request, all information that Beneficiary may request concerning the performance by Trustor of the covenants of the Affordable Housing Agreement, and Trustor will permit Beneficiary or its representatives at all reasonable times to make investigation or examination concerning that performance. Section 4.14 Right of Entry. Trustor grants to Beneficiary and its agents, employees, consultants, and contractors the right to enter on the Land, subject to the rights of any tenants of the Project, for the purpose of making any inspections, reports, tests (including, without limitation, soils borings, groundwater testing, wells, or soils analysis), inquiries, and reviews that Beneficiary, in its sole and absolute discretion, deems necessary to assess the then current condition of the Land and compliance with the Affordable Housing Agreement. Beneficiary will provide Trustor with one (1) Business Day's notice of the entry. However, 636 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd Trustor's consent will not be required for entry or for the performance of tests. All costs, fees, and expenses (including, without limitation, those of Beneficiary's outside counsel and consultants) incurred by Beneficiary with respect to the inspections, reports, tests, inquiries, and reviews, together with all related preparation, consultation, analyses, and review, necessary for compliance with the Security Documents, will be paid by Trustor to Beneficiary on demand, will accrue interest at the Default Rate until paid, and will be secured by this Deed of Trust, prior to any right' title, or interest in or claim on the Land attaching or accruing subsequent to the lien of this Deed of Trust or to which this Deed of Trust is not subordinated. ARTICLE 5. NEGATIVE COVENANTS Until the entire Loan has been paid in accordance with the terms of the Developer Note, Trustor covenants to and agrees with Beneficiary as follows: Section 5.1 Restrictive Uses. Trustor covenants not to initiate, join in, or consent to any change in any zoning ordinance, private restrictive covenant, assessment proceedings, or other public or private restriction inconsistent with the Affordable Housing Agreement. Section 5.2 Subordination to Other Financing. This Deed of Trust and all covenants, restrictions or regulatory agreements executed. by Trustor in favor of Beneficiary in connection with the Land are expressly and shall be automatically subordinated to a deed of trust securing the repayment of construction financing for the development and construction of the Improvements. Trustor will not create or permit to continue in existence any mortgage, pledge, encumbrance, lien or charge of any kind on any of the Land except for: (a) liens for taxes not yet delinquent; and (b) any other liens or charges that are specifically approved in writing by Beneficiary, including any deed of trust executed or to be executed by Trustor or Trustor's successor in interest and recorded in Riverside County, California, to secure a loan obtained for the purpose of the construction of any improvement on the Land contemplated by the Affordable Housing Agreement. Section 5.3 Transferability. One of the inducements to Beneficiary for making the Loan is the identity of Trustor. The existence of any interest in the Land other than the interests of Trustor and Beneficiary and any encumbrance permitted in this Deed of Trust, even though subordinate to the security interest of Beneficiary, and the existence of any interest in Trustor other than those of the present owners, would impair the Land and the security interest of Beneficiary, and, 6 3 7 CAMy Documents\WPDOCSWgrmt-Spanos - AFA - Apartmentsmpd 6 V 63 therefore, Trustor will not sell, convey, assign, transfer, alienate, or otherwise dispose of its interest in the Land, either voluntarily or by operation of law, or agree to do so, except in accordance with the terms of the Affordable Housing Agreement. ARTICLE 6. ENVIRONMENTAL PROVISIONS Section 6.1 Warranties and Covenants. Except as disclosed in writing to, and acknowledged in writing by, the Beneficiary, Trustor represents and warrants that, to the best of Trustor's knowledge, except in the ordinary course of business, during the period of Trustor's ownership of the Land: (a) there has been no use, generation, manufacture, storage, treatment, disposal, discharge, Release, or threatened Release of any Hazardous Materials by any person on or around the Land; and (b) there have been no Hazardous Materials transported over or through the Land. Trustor agrees, except in the ordinary course of business and in strict compliance with all applicable Hazardous Materials Laws, as follows: (a) not to cause or permit the Land to be used as a site for the use, generation, manufacture, storage, treatment, Release, discharge, disposal, transportation, or presence of any Hazardous Materials; (b) not to cause, contribute to, permit, or acquiesce in any Release or threatened Release; (c) not to change or modify the use of the Land without the prior written consent of Beneficiary; (d) to comply with and to cause the Land and every User of the Land to comply with all Hazardous Materials Laws; (e) to immediately notify Beneficiary in writing and to provide Beneficiary with a reasonably detailed description of: (i) any noncompliance of the Land with any Hazardous Materials Laws; (ii) any Hazardous Materials Claim; (iii) any Release or threatened Release; and CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 633 064 61 (iv) the discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Land that would cause the Land or any part of it to be designated as hazardous waste property or border zone property under the provisions of Health and Safety Code §§ 25220, et seq. and any regulation adopted in accordance with that section; (f) in the event that Trustor discovers a Release or the presence of any Hazardous Materials on or about the Land in violation of any Hazardous Materials Law, to: (i) notify Beneficiary of that discovery together with a reasonably detailed description; (ii) promptly after a request by Beneficiary, engage a qualified environmental engineer reasonably satisfactory to Beneficiary to investigate these matters and prepare and submit to Beneficiary a written report containing the findings and conclusions resulting from that investigation, all at the sole expense of Trustor; and (iii) take, at Trustor's sole expense, all necessary actions to remedy, repair, clean up, or detoxify any Release or Hazardous Materials, including, but not limited to, any remedial action required by any Hazardous Materials Laws or any judgment, consent, decree, settlement, or compromise in respect of any Hazardous Materials Claims, these actions to be performed: (A) in accordance with Hazardous Materials Laws; (B) in a good and proper manner, (C) under the supervision of a qualified environmental engineer approved in writing by Beneficiary; (D) in accordance with plans and specifications for these actions approved in writing by Beneficiary; and (E) using licensed and insured qualified contractors approved in writing by Beneficiary; (g) immediately furnish to Beneficiary copies of all written communications received by Trustor from any governmental authority or other person or given by Trustor to any person and any other information Beneficiary may reasonably request concerning any Release, threatened Release, Hazardous Materials Claim, or the discovery of any Hazardous Materials on or about the Land in violation of any Hazardous Materials Law; and (h) keep Beneficiary generally informed regarding any Release, threatened 63 9 Release, Hazardous Materials Claim, or the discovery of any Hazardous Materials on or about the Land in violation of any Hazardous Materials Law. 065 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 62 Section 6.2 Inspection and Receivership Rights. Upon Beneficiary's reasonable belief that Trustor has failed to comply with any environmental provision of this Deed of Trust and upon reasonable prior notice (except in the case of an emergency) to Trustor and subject to the rights of any lessee of the Ground Lease and tenants of the Project, Beneficiary or its representatives, employees, and agents, may from time to time and at all reasonable times (or at any time in the case of an emergency) enter and inspect the Land and every part of it (including all samples of building materials, soil, and groundwater, and all books, records, and files of Trustor relating to the Land) and perform those acts and things that Beneficiary deems necessary or desirable to inspect, investigate, assess, and protect security of this Deed of Trust, for the purpose of determining: (a) the existence, location, nature, and magnitude of any Release or threatened Release; (b) the presence of any Hazardous Materials on or about the Land in violation of any Hazardous Materials Law; and (c) the compliance by Trustor of every environmental provision of this Deed of Trust. In furtherance of the purposes above, without limitation of any of its other rights, Beneficiary may: (i) obtain a court order to enforce Beneficiary's right to enter and inspect the Land under California Civil Code § 2929.5, to which the decision of Beneficiary as to whether there exists a Release, a threatened Release, any Hazardous Materials on or about the Land in violation of any Hazardous Materials Law, or a breach by Trustor of any environmental provision of this Deed of Trust, will be deemed reasonable and conclusive as between the parties; and (ii) have a receiver appointed under California Code of Civil Procedure § 564 to enforce Beneficiary's right to enter and inspect the Land for the purpose set forth above. All costs and expenses incurred by Beneficiary with respect to the audits, tests, inspections, and examinations that Beneficiary or its agents, representatives, or employees may conduct, including the fees of the engineers, laboratories, contractors, consultants, and attorneys, will be paid by Trustor. All costs or expenses incurred by Trustee and Beneficiary pursuant to this subsection (including without limitation court costs, consultant's fees, and attorney fees, whether incurred in litigation and whether before or after judgment) will bear interest at the Default Rate from the date they are incurred until those sums have been paid in full. Except as provided by law, any inspections or tests made by Beneficiary or its representatives, employees, and agents will be for Beneficiary's purposes only and will not be construed to create any responsibility or liability on the part of Beneficiary to � J�U CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 6 i Trustor or to any other person. Beneficiary will have the right, but not the obligation, to communicate with any governmental authority regarding any fact or reasonable belief of Beneficiary that constitutes or could constitute a breach of any of Trustor's obligations under any environmental provision contained in this Deed of Trust. Section 6.3 Release and Indemnity. Trustor: (a) releases and waives any future claims against Beneficiary for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under any Hazardous Materials Laws or under any Hazardous Materials Claim, except as otherwise provided in Sections 214(3) and 214(4) of the Affordable Housing Agreement; (b) agrees to reimburse Beneficiary, on demand, for all costs and expenses incurred by Beneficiary in connection with any review, approval, consent, or inspection relating to the environmental provisions in this Deed of Trust together with interest, after demand, in accordance with Section 214(3) of the Affordable Housing Agreement; and (c) agrees to indemnify, defend, and hold Beneficiary and Trustee harmless from all losses, costs, claims, damages, penalties, liabilities, causes of action, judgments, court costs, attorney fees and other legal expenses, costs of evidence of title, cost of evidence of value, and other expenses as set forth in Section 214(3) of the Affordable Housing Agreement. Section 6.4 Request for Information. Trustor and Beneficiary agree that: (a) this Section 6.4 is intended as Beneficiary's written request for information and Trustor's written response concerning the environmental condition of the Land as provided by California Code of Civil Procedure § 726.5; and (b) each representation, warranty, covenant, or indemnity made by Trustor in this Article or in any other provision of this Deed of Trust that relates to the environmental condition of the Land is intended by Trustor and Beneficiary to be an environmental provision for purposes of California Code of Civil Procedure § 736 and will survive the payment of the Loan and the termination or expiration of this Deed of Trust will not be affected by Beneficiary's acquisition of any interest in the Land, whether by full credit bid at foreclosure, deed in lieu of that, or otherwise. If there is any transfer of any portion of Trustor's interest in the Land, any successor -in -interest to Trustor agrees by its succession to that interest that the written request made pursuant to this Article will be deemed remade to the successor -in -interest without any further or additional action on the part of Beneficiary and that by assuming the debt secured by this Deed of Trust or by accepting b the interest of Trustor subject to the lien of this Deed of Trust, the successor remakes each 41 of the representations and warranties in this Deed of Trust and agrees to be bound by each covenant in this Deed of Trust, including, but not limited to, any indemnity provision. 6 , CAMy Documents\WPDOCSWgrmt-Spanos - AFA - Apartmentsmpd 6 4 G' G 7 ARTICLE 7. CASUALTIES AND CONDEMNATION Section 7.1 Casualties. (a) Trustor will promptly notify Beneficiary in writing after any loss or damage caused by defect in Trustor's title to the Land and Trustor will furnish to Beneficiary within ninety (90) days after the loss or damage the following: (i) evidence satisfactory to Beneficiary that such defect is cured; and (ii) evidence satisfactory to Beneficiary that sufficient funds are available or committed for the benefit of Beneficiary, including insurance proceeds, to secure the repayment of the full amount of the Loan if such repayment is not waived. Subject to the rights of Trustor's construction and permanent lender(s), all insurance proceeds shall be applied and used to restore, repair and rebuild the Improvements in accordance with the provisions -of the Affordable Housing Agreement. Any proceeds not used for the repair, restoration, modification or improvement of the Land or the repayment of the construction or permanent loan(s) may be applied at the election of the Beneficiary against the Loan. Section 7.2 Condemnation. Trustor, immediately upon obtaining knowledge of the institution of any proceedings for the condemnation of the Land or any portion of it, will notify Trustee and Beneficiary of the pendency of the proceedings. Trustee and Beneficiary may participate in any proceedings and Trustor from time to time will deliver to Beneficiary all instruments requested by Beneficiary to permit participation. Beneficiary will be under no obligation to question the amount of any award or compensation. In any condemnation proceedings, Beneficiary may be represented by counsel selected by Beneficiary. The proceeds of any award or compensation received will be applied pursuant to the provisions of the construction or permanent loan documents and provisions of Section 7.1 of this Deed of Trust. ARTICLE 8. EVENTS OF DEFAULT AND REMEDIES Section 8.1 Events of Default. The following events are each an Event of Default: (a) Default in the payment of any sum of principal when due and not waived under the Developer Note which is not cured within the applicable cure period set forth 4 '? therein; CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 656 G 3 (b) A default under the Affordable Housing Agreement which is not cured within the applicable cure period set forth therein; (c) The failure (without cure during the applicable period) of the Trustor to observe, perform, or discharge any obligation, term, covenant, or condition of this Deed of Trust; (d) the sale, hypothecation, conveyance, or other disposition of the Land except in accordance with Sections 5.2 or 5.3 of this Deed of Trust or the Affordable Housing Agreement; and (e) Any representation or warranty made by Trustor or any other Person under this Deed of Trust is false or misleading in any material respect as of the date on which the representation or warranty was made. If one or more Events of Default occurs and are continuing, then Beneficiary may declare all the Loan to be due and the Loan will become due without any further presentment, demand, protest, or notice of any kind, and Beneficiary may: (i) in person, by agent, or by a receiver, and without regard to the adequacy of security, the solvency of Trustor, or the existence of waste, enter on and take possession of the Land or any part of it in its own name or in the name of Trustee, sue for or otherwise collect the rents, issues, and profits, and apply them, less costs and expenses of operation and collection, including reasonable attorney fees, upon the Loan, all in any order that Beneficiary may determine. The entering on and taking possession of the Land, the collection of rents, issues, and profits, and the application of them will not cure or waive any default or notice of default or invalidate any act done pursuant to the notice; (ii) commence an action to foreclose this Deed of Trust in the manner provided by law for the foreclosure of mortgages of real property; (iii) deliver to Trustee a written declaration of default and demand for sale, and a written notice of default and election to cause the Land to be sold, which notice Trustee or Beneficiary will cause to be filed for record; (iv) with respect to any Personalty, proceed as to both the real and personal property in accordance with Beneficiary's rights and remedies in respect of the Land, or proceed to sell the Personalty separately and without regard to the Land in accordance with Beneficiary's rights and remedies; or (v) exercise any of these remedies in combination or any other remedy at law or in equity. 643 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 6)� V69 Section 8.2 Power of Sale. (a) If Beneficiary elects to foreclose by exercise of the power of sale in this Deed of Trust, Beneficiary will also deposit with Trustee this Deed of Trust, the Developer Note, and any receipts and evidence of expenditures made and secured as Trustee may require. If notice of default has been given as then required by law, and after lapse of the time that may then be required by law, after recordation of the notice of default, Trustee, without demand on Trustor, will, after notice of sale having been given as required by law, sell the Land at the time and place of sale fixed by it in the notice of sale, either as a whole or in separate parcels as Trustee determines, and in any order that it may determine, at public auction to the highest bidder. Trustee may postpone sale of all or any portion of the Land by public announcement at the time and place of sale, and from time to time after that may postpone the sale by public announcement at the time fixed by the preceding postponement, and without further notice make the sale at the time fixed by the last postponement; or Trustee may, in its discretion, give a new notice of sale. Beneficiary may rescind any notice of default at any time before Trustee's sale by executing a notice of rescission and recording it. The recordation of the notice will constitute a cancellation of any prior declaration of default and demand for sale and of any acceleration of maturity of the Loan affected by any prior declaration or notice of default. The exercise by Beneficiary of the right of rescission will not constitute a waiver of any default then existing or subsequently occurring, or impair the right of Beneficiary to execute other declarations of default and demand for sale, or notices of default and of election to cause the Land to be sold, nor otherwise affect the Developer Note or this Deed of Trust, or any of the rights, obligations, or remedies of Beneficiary or Trustee. After sale, Trustee will deliver to the purchaser its deed conveying the property sold, but without any covenant or warranty, express or implied. The recitals in the deed of any matters or facts will be conclusive proof of their truthfulness. Any Person, including Trustor, Trustee, or Beneficiary, may purchase at that sale. If allowed by law, Beneficiary, if it is the purchaser, may turn in the Developer Note at the amount owing on it toward payment of the purchase price (or for endorsement of the purchase price as a payment on the Developer Note if the amount owing exceeds the purchase price). Trustor expressly waives any right of redemption after sale that Trustor may have at the time of sale or that may apply to the sale. (b) Trustee, upon the sale, will make (without any covenant or warranty, express or implied), execute and, after due payment made, deliver to a purchaser and its heirs or assigns a deed or other record of interest, as the case may be, to the Land sold, which will convey to the purchaser all the title and interest of Trustor in the Land and will apply the proceeds of the sale in payment: (i) first, of the expenses of the sale together with the expenses of the trust, including, without limitation, attorney fees, that will become due on any default made by Trustor, and also any sums that Trustee or Beneficiary have paid for procuring a search of the title to the Land subsequent to the execution of this Deed of Trust; and 641 CAMy Documents\WPDOCMAgrmt-Spanos - AFA - Apartments.wpd 6 7� 070 r� 0 (ii) second, in payment of the Loan then remaining unpaid, and the amount of all other monies with interest in this Deed of Trust agreed or provided to be paid by Trustor. Trustee will pay the balance or surplus of the proceeds of sale to Trustor and its successors or assigns as its interests may appear. Section 8.3 Proof of Default. If there is a sale of the Land, or any part of it, and the execution of a deed for it, the recital of default and of recording notice of breach and election of sale, and of the elapsing of the required time between the recording and the following notice, and of the giving of notice of sale, and of a demand by Beneficiary that the sale should be made, will be conclusive proof of the default, recording, election, elapsing of time, and the due giving of notice, and that the sale was regularly and validly made on proper demand by Beneficiary. Any deed with these recitals will be effectual and conclusive against Trustor, its successors, and assigns, and all other Persons. The receipt for the purchase money recited or in any deed executed to. the purchaser will be sufficient discharge to the purchaser from all obligations to see to the proper application of the purchase money. Section 8.4 Protection of Security. If an Event of Default occurs and is continuing, Beneficiary or Trustee, without limitation to do so, without notice to or demand upon Trustor, and without releasing Trustor from any obligations or defaults may: (a) enter on the Land in any manner and to any extent that either deems necessary to protect the security of this Deed of Trust; (b) appear in and defend any action or proceeding purporting to affect, in any manner, the Obligations or the Loan, the security of this Deed of Trust, or the rights or powers of Beneficiary or Trustee; (c) pay, purchase, or compromise any encumbrance, charge, or lien that in the judgment of Beneficiary or Trustee is prior or superior to this Deed of Trust; and (d) pay necessary expenses, employ counsel, and pay reasonable attorney fees. Trustor agrees to repay on demand all sums expended by Trustee or Beneficiary pursuant to this section with interest at the Default Rate, and those sums, with interest, will be secured by this Deed of Trust. Section 8.5 Receiver. 64-5 If an Event of Default occurs and is continuing, Beneficiary, as a matter of strict right and without notice to Trustor or anyone claiming under Trustor and without regard to the then value of the Land, will have the right to apply ex parte to any court having jurisdiction ,7 1 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 68 to appoint a Receiver of the Land, and Trustor waives notice of any application for that, provided a hearing to confirm the appointment with notice to Trustor is set within fourteen (14) days after the appointment. Any Receiver will have all the powers and duties of receivers in similar cases and all the powers and duties of Beneficiary in case of entry as provided in this Deed of Trust, and will continue as such and exercise all those powers until the date of confirmation of sale, unless the receivership is terminated sooner. Section 8.6 Curing the Defaults. If Trustor at any time fails to perform or comply with any of the terms, covenants, and conditions required on Trustor's part to be performed and complied with under this Deed of Trust or the Developer Note, Trustor is required to perform, then Beneficiary, after seven (7) Business Days' notice to Trustor (or without notice if Beneficiary determines that an emergency exists), and without waiving or releasing Trustor from any of the Obligations, may, subject to the provisions of any of the Security Documents: (a) make from its own funds any payments payable by Trustor and take out, pay for, and maintain any of the insurance policies provided for; and (b) perform any other acts on the part of Trustor to be performed and enter on the Land for that purpose. The making by Beneficiary of payments out of Beneficiary's own funds will not, however, be deemed to cure the default by Trustor, and they will not be cured unless and until Trustor reimburses Beneficiary for the payments. All sums paid and all reasonable costs and expenses incurred by Beneficiary in connection with the performance of any act, together with interest on unpaid balances at the Default Rate from the respective dates of Beneficiary's making of each payment, will be added to the principal of the Loan, will be secured by the Security Documents and by the lien of this Deed of Trust, prior to any right, title, or interest in or claim on the Land attaching or accruing subsequent to the lien of this Deed of Trust, and will be payable by Trustor to Beneficiary on demand. Section 8.7 Inspection Rights. On reasonable notice (except in the case of an emergency), and without releasing Trustor from any obligation to cure any default of Trustor, Beneficiary or its agents, representatives, and employees acting by themselves or through a court -appointed receiver, may, from time to time and at all reasonable times (or at any time in the case of an emergency) enter and inspect the Land and every part of it and perform any acts and things as Beneficiary deems necessary or desirable to inspect, investigate, assess, and protect the security of this Deed of Trust, for the purpose of determining compliance with covenants and restrictions contained this Deed of Trust. Section 8.8 Judgment on Environmental Provision. 64u Beneficiary or its agents, representatives, and employees may seek a judgment that Trustor has breached its covenants, representations, or warranties in Article 6 of this Deed U7? CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 69 of Trustor any other covenants, representations, or warranties that are deemed to be environmental provisions pursuant to California Code of Civil Procedure § 736 (each an Environmental Provision), by commencing and maintaining an action or actions in any court of competent jurisdiction pursuant to California Code of Civil Procedure § 736, whether commenced prior to or after foreclosure of the lien of this Deed of Trust. Beneficiary or its agents, representatives, and employees may also seek an injunction to cause Trustor to abate any action in violation of any Environmental Provision and may seek the recovery of all costs, damages, expenses, fees, penalties, fines, judgments, indemnification payments to third parties, and other out-of-pocket costs or expenses actually incurred by Beneficiary (collectively, "Environmental Costs") incurred or advanced by Beneficiary relating to the cleanup, remedy, or other response action required by any Hazardous Materials Law, or any Hazardous Materials Claim, or which Beneficiary believes necessary to protect the Land. It will be conclusively presumed between Beneficiary and Trustor that all Environmental Costs incurred or advanced by Beneficiary relating to the cleanup, remedy, or other response action of or to the Land were made by Beneficiary in good faith. All Environmental Costs incurred by Beneficiary under this subsection (including, without limitation, court costs, consultant fees, and reasonable attorney fees, whether incurred in litigation and whether before or after judgment) will bear interest at the legal rate from the date of expenditure until those sums have been paid in full. Beneficiary will be entitled to bid, at any trustee's or foreclosure sale of the Land, the amount of the costs, expenses, and interest in addition to the amount of the Loan. Section 8.9 Waive Lien. Beneficiary or its agents, representatives, and employees may waive its lien against the Land or any portion of it, including the Improvements and the Land, to the extent that the Land is found to be environmentally impaired in accordance with California Code of Civil Procedure § 726.5, and to exercise all rights and remedies of an unsecured creditor against Trustor and all of Trustor's assets and property for the recovery of any deficiency and Environmental Costs, including, but not limited to, seeking an attachment order under California Code of Civil Procedure § 483.010. As between Beneficiary and Trustor, for purposes of California Code of Civil Procedure § 726.5, Trustor will have the burden of proving that Trustor or any related party (or any affiliate or agent of Trustor or any related party) was not in any way negligent in permitting the Release or threatened Release of the Hazardous Materials. Section 8.10 Remedies Cumulative. All remedies of Beneficiary provided for in this Deed of Trust are cumulative and will be in addition to all other rights and remedies provided in the other Security Documents or provided by law, including any banker's lien and right of offset. The exercise of any right or remedy by Beneficiary will not in any way constitute a cure or waiver of default, will not invalidate any act done pursuant to any notice of default, nor will it prejudice Beneficiary in the exercise of any of its rights unless, in the exercise of those rights, Beneficiary collects the total amount of the Loan. CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 76 7 3 ARTICLE 9 SECURITY AGREEMENT Section 9.1 Security Interest. The security interest includes all policies of insurance arising out of the ownership of the Land, and all accounts, contract rights, chattel paper, instruments, general intangibles, and other obligations of any kind now or later existing, arising out of, or in connection with the ownership and maintenance of the Land (the "Collateral"). The security interest also includes all rights now or later existing in all security agreements, leases, and other contracts securing or otherwise relating to any accounts, contract rights, chattel paper, instruments, general intangibles, or obligations; all causes of action and recoveries now or later existing for any loss or diminution in value of the Land; all proceeds of any of the Land; and, to the extent not otherwise included, all payments under insurance (whether Beneficiary is the loss payee), or any indemnity, warranty, or guaranty payable by reason of loss or damage to or otherwise with respect to any of the Collateral. Section 9.2 Remedies. Trustor agrees to execute and deliver on demand, and irrevocably constitutes and appoints Beneficiary the attorney -in -fact of Trustor to execute, deliver, and file, any security agreements, financing statements, continuation statements, or other instruments that Beneficiary may request to impose, perfect, or continue the perfection of the lien or security interest created by this Deed of Trust. Beneficiary has all rights and remedies, whether at law, in equity, or by statute that are available to secured creditors. Any disposition may be conducted by an employee or agent of Beneficiary or Trustee. Any Person, including both Trustor and Beneficiary, will be eligible to purchase any part or all of the Collateral at any disposition. Section 9.3 Expenses. Expenses of retaking, holding, and preparing for sale, selling, or the like will be borne by Trustor and will include Beneficiary's and Trustee's attorney fees and legal expenses. Trustor, on demand of Beneficiary, will assemble the Collateral and make it available to Beneficiary at the Land, a place deemed to be reasonably convenient to Beneficiary and Trustor. Beneficiary will give Trustor at least ten (10) days' prior written notice of the time and place of any public sale or other disposition of the Collateral or of the time of or after which any private sale or any other intended disposition is to be made. If the notice is sent to Trustor in the manner provided for the mailing of notices in this Deed of Trust, it is deemed reasonable notice to Trustor. Section 9.4 Assignment of Agreements. (a) As security for the Loan, Trustor sells, assigns, transfers, sets over, and delivers to Beneficiary (subject to the prior rights of any construction or permanent lender(s)) all of Trustor's right, title, and interest in all agreements, permits, and contracts 648 pertaining to the ownership and maintenance of the Land, including, but not limited to, CAMy Documents\WPDOCSWgrmt-Spanos - AFA - Apartmentsmpd 704 environmental impact reports; negative declarations; map approvals; grading permits; conditional use permits; applications for all permits; management agreements; all development rights in the Land that Trustor may now or later acquire (including, without limitation, development rights arising in connection with any action by a governmental entity, including, by way of illustration, but not of limitation, inducement resolutions of county, municipal, or other governmental entities); agreements with contractors, suppliers, and construction managers; and agreements pertaining to the transfer of development rights or permitted floor area under applicable laws or ordinances (collectively, "Agreements"), as they may be amended or otherwise modified from time to time, including, without limitation, the right of Trustor to terminate any of the Agreements, to perform under them, and to compel performance and otherwise exercise all remedies under them, together with the immediate and continuing right to collect and receive all sums that may become due to Trustor, or which Trustor may now or later become entitled to demand or claim, arising or issuing out of the Agreements, including, without limitation, claims of Trustor for damages arising out of breach of or default under any of the Agreements and all rights of Trustor to receive proceeds of any insurance, indemnity, warranty, or guaranty with respect to any of the Agreements. However, so long as no Event of Default has occurred and is continuing, Trustor will have the right under a license granted to collect and retain all sums that may become payable to Trustor under the Agreements. (b) Trustor covenants and agrees to punctually observe, perform, and discharge the obligations, terms, covenants, conditions, and warranties to be observed, performed, and discharged by it under the Agreements. Beneficiary, upon an Event of Default, at its option and upon written notice to Trustor, will have the right to declare the assignment in this Section 9.4 to be absolute, and, in addition, Beneficiary will have the complete right then or later to exercise and enforce all of the rights and remedies provided by law. (c) The acceptance by Beneficiary of the assignment in this Article 9.5, with all the rights, powers, privileges, and authority granted will not, prior to the exercise of Beneficiary's right to declare the assignment in this Article 9.4 to be absolute, obligate Beneficiary to assume any obligations under the Agreements or to take any action under them, or to expend any money or incur any expense or perform or discharge any obligation, duty, or liability under the Agreements, or to assume any obligation or responsibility for the nonperformance of the provisions by Trustor. ARTICLE 10 ASSIGNMENT OF LEASES AND RENTS Section 10.1 Assianment. Trustor irrevocably assigns to Beneficiary: (a) all of Trustor's right, title, and interest in all leases; licenses; agreements relating to the management, leasing, or operation of the Land; and other agreements of any kind relating to the use or occupancy of the Land, whether now existing or entered into 6 4 after the date of this Deed of Trust; and CAMy Documents\WPDOCS\Agnnt-Spanos - AFA - Apartmentsmpd 7 �" (b) the rents, issues, and profits of the Land, including, without limitation, all amounts payable and all rights and benefits accruing to Trustor under any leases (the "Payments"), for the purposes and on the terms and conditions below. This is a present and absolute assignment, not an assignment for security purposes only, and Beneficiary's right to the leases and payments is not contingent on, and may be exercised without, possession of the Land. Section 10.2 License. Beneficiary confers on Trustor a license (the "License") to collect and retain the Payments as they become due until the occurrence of an Event of Default. Upon an Event of Default, the License will be automatically revoked and Beneficiary may collect and retain the Payments without notice and without taking possession of the Land. The lessees will have no right or duty to inquire as to whether any Default has actually occurred or is then existing. Trustor relieves the lessees from any liability to Trustor by reason of relying on and complying with any notice or demand by Beneficiary. Section 10.3 Effect of Assignment. The assignment will not impose on Beneficiary any duty to produce rents, issues, or profits from the Land, or cause Beneficiary to be: (a) a mortgagee -in -possession for any purpose; (b) responsible for performing any of the obligations of the lessor under any leases; or (c) responsible for, any waste committed by lessees or any other parties, any dangerous or defective condition of the Land, or any negligence in the management, upkeep, repair, or control of the Land. Beneficiary will not be liable to Trustor or any other party as a consequence of the exercise of the rights granted to Beneficiary under this assignment. Section 10.4 Leasing Covenants. Trustor covenants and agrees as follows: (a) At Trustor's sole cost to: (i) perform all obligations of the lessor under the any leases and enforce performance by the lessees of their obligations under such leases; (ii) subject to the provisions of Section 10.4(b) below, enforce all remedies available to Trustor in case of default by the lessees under the leases and prosecute and defend any action, arbitration, or other controversy relating to the J 7 leases or to Trustor's interest in the leases; CAMy Documents\WPDOMAgrmt-Spanos - AFA - Apartmentsmpd U 27 v (iii) exercise diligent, good -faith efforts to keep all portions of the Land, if applicable, leased at all times and at rental rates set forth in the Affordable Housing Agreement; and (iv) promptly upon execution, deliver to Beneficiary fully executed counterpart originals of the leases; and (b) except in compliance with the terms of the Affordable Housing Agreement, not to enter into, assign, terminate, modify, or amend the terms of, any leases, or to assign the Payments, or to subordinate the leases to any other deed of trust or encumbrances. Any attempted action in violation of the provisions of this Section 10.4(b) will be voidable at Beneficiary's election. Section 10.5 Application of Rents. Beneficiary, in its sole discretion, may apply, or require the application of, all amounts received pursuant to the assignment to the payment of any one or more of the obligations in any order that Beneficiary may elect. Section 10.6 Remedies. In addition to any other remedies in this Deed of Trust; Beneficiary will have the following rights and remedies upon the occurrence of an Event of Default: (a) To receive the Payments and any other amounts arising or accruing under the leases or from the Land; (b) To collect, sue for, settle, compromise, and give releases for the Payments and pursue any remedies for the enforcement of the leases or Trustor's rights under the leases; and (c) To take possession of the Land, and hold, manage, lease, and operate it on any terms and for any period of time that Beneficiary may deem proper and, either with or without taking possession of the Land, in its own name, make from time to time all alterations, renovations, repairs, or replacements that Beneficiary may deem proper. Section 10.7 Definitions. The terms lessor and lessors as used in this Deed of Trust will include all owners, landlords, licensors, and other parties in a similar position with respect to the leases. The terms lessee and lessees will include any tenants and licensees and any other parties in a similar position and will also include any guarantor or other obligors under the leases. CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 4, 7 ARTICLE 11. MISCELLANEOUS Section 11.1 Successor Trustee. Beneficiary may remove Trustee or any successor trustee at any time and appoint a successor trustee by recording a written substitution in the county where the Land is located, or in any other manner permitted by law. Upon that appointment, all of the powers, rights, and authority of Trustee will immediately become vested in the successor. Section 11.2 No Waiver. No waiver by Beneficiary of any default or breach by Trustor will be implied from any omission by Beneficiary to take action on account of that default if the default persists or is repeated. Also, no express waiver will affect any default other than the default in the waiver and the waiver will be operative only for the time and to the extent stated. Waivers of any covenant, term, or condition in this Deed of Trust will not be construed as a waiver of any subsequent breach of the same covenant, term, or condition. The consent or approval by Beneficiary for any act by Trustor requiring further consent or approval will not be deemed to waive or render unnecessary the consent or approval for any subsequent similar act. Section 11.3 Abandonment. Subject to any chattel mortgages, security agreements, or other liens on title that may exist with the consent of Beneficiary, or any provided for in this Deed of Trust, all Personalty that upon foreclosure of the Land is owned by Trustor and is used in connection with the maintenance of the Land will be deemed at Beneficiary's option to have become on that date a part of the Land and abandoned to Beneficiary in its then condition. Section 11.4 Notices. All notices, advices, demands, requests, consents, statements, satisfactions, waivers, designations, refusals, .confirmations, or denials that may be required or contemplated under this Deed of Trust for any party to serve on or give to any other will be in writing, and, if not in writing, will not be deemed to have been given. Also, they must be either personally served or sent with return receipt requested by registered or certified mail with postage (including registration or certification charges) prepaid in a securely enclosed and sealed envelope as follows: 6J G! 3 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 75 (1) If to Trustor, addressed to: The Spanos Corporation 3773 Howard Hughes Parkway, Suite 590S Las Vegas, Nevada 89109 Attention: (2) If to Beneficiary, addressed to: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, California 92253 Attention: Executive Director Section 11.5 Survival. The covenants and agreements in this Deed of Trust will bind and inure to the benefit of Beneficiary and Trustor and their successors and assigns. It is agreed that Beneficiary may assign to or grant a participation in any one or more lenders, free from any right of counterclaim, recoupment, or setoff, by Trustor, Beneficiary's rights and obligations in whole or in part under the Security Documents. Nothing in this Section 11.5 is intended to limit other provisions in the Enforcement Documents that by their terms survive the repayment of the Loan or the termination of any Security Document. Section 11.6 Severability. If any term, provision, covenant, or condition of this Deed of Trust or any application of it is held by a court of competent jurisdiction to be invalid, void, or unenforceable, in whole or in part, all terms, provisions, covenants, and conditions of this Deed of Trust and all applications of it not held invalid, void, or unenforceable will continue in full force and will not be affected, impaired, or invalidated. Section 11.7 References to Foreclosure. References in this Deed of Trust to foreclosure and related phrases are references to the appropriate procedure in connection with Trustee's private power of sale, any judicial foreclosure proceeding, and any deed given in lieu of foreclosure. Section 11.8 Joinder of Foreclosure. If Beneficiary holds any other or additional security for the payment of any Loan or performance of any Obligation, its sale or foreclosure, on any default in the payment or performance, in Beneficiary's sole discretion, may be prior to, subsequent to, or joined or otherwise contemporaneous with any sale or foreclosure. In addition to the rights in this Deed of Trust specifically conferred, Beneficiary, at any time and from time to time, may exercise any right or remedy now or later given by law to beneficiaries under deeds of trust generally, or to the holders of any obligations of the kind secured. 6 J 3 r, r+ CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd U ! 96 Section 11.9 Rights of Beneficiary and Trustee. At any time and from time to time, without liability and without notice, and without releasing or otherwise affecting the liability of any person for payment of any of the Loan: (a) Beneficiary, at its sole discretion and only in writing, may extend the time for or release any Person now or later liable for payment of any of the Loan, or accept or release additional security, or subordinate the lien or charge of this Deed of Trust; or (b) Trustee, on written request of Beneficiary and presentation of the Developer Note, any additional notes secured by this Deed of Trust, and this Deed of Trust for endorsement, may reconvey any part of the Land, consent to the making of any map or plat of it, join in granting any easement on it, or join in any agreement of extension or subordination. On Beneficiary's written request and surrender of the Developer Note, any additional notes secured by this Deed of Trust, and this Deed of Trust to Trustee for cancellation, and on payment to Trustee of its fees and expenses, Trustee will reconvey without warranty the then trust property. The recitals in any reconveyance will be conclusive proof of the truthfulness of them, and the grantee in any reconveyance may be described as the person legally entitled. Section 11.10 Copies. Trustor will promptly give to Beneficiary copies of: (a) all notices of violation that Trustor receives from any governmental agency or authority; and (b) all notices of default that Trustor receives under the Bond Documents. Section 11.11 Subordination to Contracts of Sale and Leases. At the option of Beneficiary, this Deed of Trust will become subject and subordinate, in whole or in part (but not with respect to priority of entitlement to any insurance proceeds, damages, awards, or compensation resulting from damage to the Land or condemnation or exercise of power of eminent domain), to any contracts of sale or any leases of the Land on the execution by Beneficiary and recording of a unilateral declaration to that effect in the official records of the county and state where the Land is located. Beneficiary may require the issuance of any title insurance endorsements to the Title Policy in connection with any subordination that Beneficiary, in its judgment, determines are appropriate, and Trustor will be obligated to pay any cost or expense incurred in connection with the issuance. Section 11.12 No Merger. So long as any of the Loan remains unpaid or Beneficiary has any further obligation under the Security Documents, unless Beneficiary otherwise consents in writing, the fee estate of Trustor in the Land or any part of it will not merge, by operation of law or otherwise, with any CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 653, 1 G "7 7 leasehold or other estate in the Land or any part of it, but will always be kept separate and distinct, regardless of the union of the fee estate and the leasehold or other estate in Trustor or any other Person. Section 11.13 Performance by Trustor. Trustor will faithfully perform every covenant to be performed by Trustor under any lien or encumbrance, including, without limiting the generality of this Deed of Trust, mortgages, deeds of trust, leases, declarations or covenants, conditions and restrictions, and other agreements that affect the Land, in law or in equity, that Beneficiary reasonably believes may be prior and superior to or on a parity with the lien or charge of this Deed of Trust. A breach of or a default under any lien or encumbrance that exists after any applicable grace period in the pertinent instrument has expired without that breach or default having been cured, will constitute an Event of Default under this Deed of Trust. If Trustor fails to do so, Beneficiary, without demand or notice and in its sole judgment, may do any things required by Trustor by any of the provisions in this Deed of Trust and incur and pay expenses in connection with such provisions. Nothing in this section affects Trustor's obligations pursuant to Sections 5.2 and 5.3 of this Deed of Trust or limits Beneficiary's rights. Section 11.14 Junior Liens. Trustor agrees: (a) that as of the date of this Deed of Trust there are no encumbrances to secure debts junior to this Deed of Trust; and (b) that there are to be none as of the date when this Deed of Trust becomes of record. Section 11.15 Waiver of Statute of Limitations. The pleading of any statute of limitations as a defense to any obligations secured by this Deed of Trust is waived, to the fullest extent permissible by law. Section 11.16 Charges for Statements. Trustor agrees to pay Beneficiary's reasonable charge, to the maximum amount permitted by law, for any statement regarding the obligations secured by this Deed of Trust requested by Trustor or on its behalf. Section 11.17 Waiver of Marshaling Rights. Trustor, for itself and for all parties claiming through or under Trustor, and for all parties who may acquire a lien on or interest in the Land, waives all rights to have the Land or any other property that is now or later may be security for any Obligation ("Other Land") marshaled on any foreclosure of this Deed of Trust or on a foreclosure of any other security for any of the rl3 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 6 J v V *8 Obligations. Beneficiary will have the right to sell, and any court in which foreclosure proceedings may be brought will have the right to order a sale of, the Land and any of the Other Land as a whole or in separate parcels, in any order that Beneficiary may designate. Section 11.18 Acceptance of Trust: Powers and Duties of Trustee. Trustee accepts this trust when this Deed of Trust is recorded. From time to time on written request of Beneficiary and presentation of this Deed of Trust for endorsement, and without affecting the personal liability of any person for payment of any indebtedness or the performance of any obligations, Trustee may, without liability and without notice: (a) reconvey all or any part of the Land; (b) consent to the making of any map or plat; and (c) join in any grant of easement, any declaration of covenants, conditions, and restrictions, any extension agreement, or any agreement subordinating the lien or charge of this Deed of Trust. Except as may be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trust and the enforcement of the rights and remedies available, and may obtain orders or decrees directing, confirming, or approving acts in the execution of the trust and the enforcement of the remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding, including, without limitation, actions in which Trustor, Beneficiary, or Trustee will be a party, unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee will not be obligated to perform any act required of it under this Deed of Trust unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against any loss, cost, liability, or expense. Section 11.19 Releases, Extensions. Modifications. and Additional Security. Without notice to or the consent, approval, or agreement of any persons or entities having any interest at any time in the Land or in any manner obligated under the Obligations (the "Interested Parties"), Beneficiary may, from time to time, release any person or entity from liability for the payment or performance of any Obligation; take any action or make any agreement extending the maturity or otherwise altering the terms or increasing the amount of any Obligation; or accept additional security or release the Land or other security for any Obligation. None of these actions will release or reduce the personal liability of any of the Interested Parties, or release or impair the lien of this Deed of Trust, or the priority of it on the Land. However, no action taken or agreement made by Beneficiary to extend the maturity or otherwise alter the terms or increase the amount of any Obligation will be binding on Trustor without Trustor's consent. Section 11.20 Reconveyance. J `' Upon the payment of the Loan and performance of all Obligations, including, without limitation, Beneficiary's receipt of all sums owing and outstanding under the Developer Note, unless waived by the Beneficiary under the terms of the Developer Note, Beneficiary will deliver CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd G U 9 to Trustee a written request for reconveyance, and will surrender to Trustee for cancellation this Deed of Trust and any note or instrument evidencing the Loan and the Obligations. However, Beneficiary will have no obligation to deliver the written request and documents until Beneficiary has been paid by Trustor, in immediately available funds, all escrow, closing, and recording costs, the costs of preparing and issuing the reconveyance, and any trustee's or reconveyance fees. On Trustee's receipt of the written request by Beneficiary and the documents, Trustee will reconvey, without warranty, the Land or that portion then held. To the extent permitted by law, the reconveyance may describe the grantee as the person or persons legally entitled and the recitals of any matters or facts in any reconveyance will be conclusive proof of the truthfulness of them. Neither Beneficiary nor Trustee will have any duty to determine the rights of persons claiming to be rightful grantees of any reconveyance. When the Land has been fully reconveyed, the last reconveyance will operate as a reassignment of all future rents, issues, and profits of the Land to the person legally entitled. Section 11.21 Subrogation. Beneficiary's rights will be subrogated to the lien of all encumbrances, whether released of record, paid in whose or in part by Beneficiary pursuant to this Deed of Trust, or by the proceeds of the Loan secured by this Deed of Trust. Section 11.22 Obligations of Trustor Joint and Several. If more than one person has executed this Deed of Trust as Trustor, the obligations of all those persons will be joint and several. Section 11.23 Rules of Construction. When the identity of the parties or other circumstances make it appropriate, the singular number includes the plural. Section 11.24 Successors in Interest. The terms, covenants, and conditions in this Deed of Trust will be binding on and inure to the benefit of the heirs, successors, and assigns of the parties. Section 11.25 No Offset. Trustor will pay to Beneficiary all amounts owing, if not waived, under the Developer Note, this Deed of Trust, or any of the other Obligations without deduction, offset, or counterclaim of any kind. Section 11.26 Governing Law. 60 The parties expressly agree that this Deed of Trust (including, without limitation, all questions regarding permissive rates of interest) will be governed by or construed in accordance with the laws of the State of California. n CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 0 V 3 8 0 Section 11.27 Partial Reconveyances. Upon thirty (30) days' prior written request by Trustor to Beneficiary requesting that a Restricted Unit (as defined in the Affordable Housing Agreement) or any portion of the Land be reconveyed in connection With the sale of a Restricted Unit to an Eligible Person or Family (as provided in the Affordable Housing Agreement), Beneficiary shall cause such Restricted Unit to be released from the lien of this Deed of Trust by depositing a request for reconveyance into an escrow opened by or for Trustor in connection with the sale of each Restricted Unit, and the principal amount of the Developer Note shall be reduced as provided therein. In Witness Whereof, Trustor has executed this Deed of Trust as of the day and year first above written. TRUSTOR: THE SPANOS CORPORATION a California corporation By: Its: s5)8 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd L � 4 EXHIBIT "A" LEGAL DESCRIPTION IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF THE SOUTHWEST ONE -QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST, S.B.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST ONE - QUARTER OF SECTION 29; THENCE NORTH 000 20' 08" WEST ALONG THE WESTERLY LINE OF SAID SOUTHWEST ONE -QUARTER A DISTANCE OF 1087.25 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 890 51' 38" EAST A DISTANCE OF 1115.00 FEET; THENCE SOUTH 000 20' 08" EAST PARALLEL WITH SAID WESTERLY LINE A DISTANCE OF 580.00 FEET; THENCE NORTH 890 51' 38" WEST A DISTANCE OF 1115.00 FEET TO A POINT ON SAID WESTERLY LINE; THENCE NORTH 000 20' 08" WEST ALONG SAID WESTERLY LINE A DISTANCE OF 580.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM AN EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES OVER THE WESTERLY 55.00 FEET OF SAID DESCRIBED PARCEL. ALSO EXCEPTING THEREFROM AN EASEMENT FOR LANDSCAPE AND PEDESTRIAN PURPOSES OVER THE EASTERLY 20.00 OF THE WESTERLY 75.00 FEET OF SAID DESCRIBED PARCEL. SUBJECT TO EXISTING EASEMENTS OF RECORD. COMPRISING 14.845 ACRES OF GROSS AREA, 13.847 ACRES OF NET AREA, MORE OR LESS. 653 CAMy Documents\WPDOCS\Agnnt-Spanos - AFA - Apanments.wpd 86 VC 5 ATTACHMENT NO. 8 DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS FOR PROPERTY RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) La Quinta Redevelopment Agency ) 78-495 Calle Tampico ) La Quinta, California 92253 ) Attention: Executive Director ) (Space Above for Recorder's Use) This document is exempt from payment of a recording fee pursuant to Government Code Section 6103. THIS DECLARATION OF CONDITIONS, COVENANTS, AND RESTRICTIONS FOR PROPERTY (the "Declaration") is made by and between THE SPANOS CORPORATION (the "Buyer" or "Covenantor") and the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Agency" or "Covenantee") as of the day of , 1999. RECITALS A. The Buyer is fee owner of record or has entered into an agreement for the purchase of that certain real property (the "Property") located in the City of La Quinta, County of Riverside, State of California legally described in the attached Exhibit "A". The developer shall construct 200 apartment units and rent 20 of the units to tenants that qualify as moderate income families or individuals (ten low and ten moderate). B. The Property is within the La Quinta Project Area No. 2 (the "Project") in the City of La Quinta and is subject to the provisions of the "Redevelopment Plan" for the Project. C. The Community Redevelopment Law (California Health and Safety Code 33000 et se=.) provides that a redevelopment agency shall establish covenants running with the land in furtherance of redevelopment plans. NOW, THEREFORE, THE AGENCY AND THE BUYER AGREE AS FOLLOWS: CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 83 V l! s 1. Affordable Housing. The apartment project is to be used for constructed with 20-0 units of which ten units are to be held available to be rented to low and ten units to be rented to moderate income tenants. The Property has been made available, in part, with financial assistance provided by the Agency. In consideration of its participation, the Agency requires that the twenty (20) apartment units on the Property be maintained as an affordable housing resource until thirty (30) years from the date this Declaration is recorded. The terms and conditions relating to such use and occupancy are set forth in the Affordability Restrictions. The Affordability Restrictions and this Declaration shall be construed as consistent and not in conflict to the greatest extent feasible, in the event of conflict involving the Agency and the Buyer, the Affordability Restrictions shall control. 2. Affordability Covenants. Covenantor agrees for itself, and its successors and assigns, and every successor to Covenantor's interest in the Property, or any part thereof that these covenants shall remain in force and effect until thirty (30) years from the date this Declaration is recorded (the "Expiration Date"): (a) The twenty (20) apartment units shall be rented at Affordable Rental Costs which shall mean that rent which shall not exceed the percentage of the gross income of the occupant person or household established by regulations of the department which shall not be less than fifteen percent (15%) of gross income nor exceed thirty percent (30% of gross income, adjusted for family size and a utility allowance to Low Income Households and Moderate Income Households defined as follows: (1) "Low Income Household" shall mean a household earning not greater than eighty percent (80 %) of Riverside County median income, as determined by the United States Department of Housing and Urban Development from time to time, as set forth in Health and Safety Code Section 50105. (2) "Moderate Income Household" shall mean a household earning not greater than one hundred twenty percent (120%) of Riverside County median income, as determined by the United States Department of Housing and Urban Development from time to time, as set forth in Health and Safety Code Section 50105. (b) The covenant contained in this Section 2 shall run with the land and shall automatically terminate and be of no further force or effect upon the Expiration Date. (c) Notwithstanding the foregoing, this Declaration shall be subordinate to the lien of a first deed of trust against the Property, and shall not impair the rights of any institution or lender which is the maker of a loan secured by such first deed of trust, or such lender's assignee or successor in interest, to exercise its remedies under the deed of trust in the event of default under the first deed of trust by the Covenantor. Such remedies under the first deed of trust include the right of foreclosure or acceptance of a 661 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 8� V deed or assignment in lieu of foreclosure. After such foreclosure or acceptance of a deed in lieu of foreclosure, the affordability covenants and the transfer restrictions set forth in Sections 1, 2, 3 and 7 of this Declaration shall be forever terminated and shall have no further effect as to the Property or any transferee thereafter; provided, however, if the holder of such deed of trust acquired title to the Property pursuant to a deed or assignment in lieu of foreclosure, said Sections 1, 2 3 and 7 of this Declaration shall automatically terminate upon such acquisition of title, provided that (i) the Agency has been given written notice of a default under such first deed of trust; and (ii) the Agency shall not have cured the default under such first deed of trust within the thirty (30) day period provided in such notice sent to the Agency. Notwithstanding any other provision hereof, the nondiscrimination covenants and the maintenance requirements set forth in this Declaration shall remain in full force and effect as to the Property and any transferee. 3. Transfer of Property In the event single family homes are constructed, no transfer of the Property shall occur until the Agency determines (a) that the proposed purchaser intends to occupy the Property as the proposed purchaser's principal residence; (b) that the proposed purchaser is a Qualifying Income Household; and (c) that the proposed transfer occurs at an "Affordable Housing Cost" as determined pursuant to the Affordability Restrictions. The Agency shall not be obligated to approve a transfer until and unless the proposed purchaser has submitted to the Agency such information and completed such forms as the Agency shall request to certify the proposed purchaser's intent with respect to its residency of the Property and its gross income, and the proposed purchaser has submitted an affidavit disclosing and certifying the amount of the proposed purchase price. Prior to conveyance of the Property, each approved purchaser shall submit to the Agency an executed disclosure statement which certifies that the purchaser is aware that the purchaser buying may only sell the unit at an Affordable Housing Cost to a very low, low, to moderate income person or family, that the maximum permitted sales price may be less than fair market value, and that the units must be owner -occupied at all times and cannot be rented or leased. Covenantor shall cooperate with the Agency in providing such forms to proposed purchasers and in assisting proposed purchaser to prepare such forms and to provide any required information to the Agency in connection with the Covenantor's original sale of the Property, provided that the Covenantor shall not be obligated to incur any out-of-pocket costs in connection therewith, other than employee time dedicated to providing such assistance. COVENANTOR UNDERSTANDS THAT THE DETERMINATION OF THE AFFORDABLE HOUSING COST CAN BE MADE ONLY AT THE TIME OF THE PROPOSED TRANSFER, TAKING INTO CONSIDERATION INTEREST RATES, THE TERMS OF SALE OFFERED TO AND THE ECONOMIC CIRCUMSTANCES OF THE PROPOSED PURCHASER AND OTHER FACTORS THAT CANNOT BE ACCURATELY PREDICTED, AND THAT THE TRANSFER PRICE PERMITTED HEREUNDER MAY BE LESS THAN THE FAIR MARKET VALUE OF THE PROPERTY AND MAY NOT ,2 INCREASE OR DECREASE IN THE SAME MANNER AS OTHER SIMILAR REAL 6 �= PROPERTY WHICH IS NOT ENCUMBERED BY THIS RESTRICTION. COVENANTOR CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 8 5 �u' v i� FURTHER ACKNOWLEDGES THAT AT ALL TIMES IN SETTING THE TRANSFER PRICE THE PRIMARY OBJECTIVE OF THE AGENCY AND THIS DECLARATION IS TO PROVIDE HOUSING TO LOWER INCOME HOUSEHOLDS AT AN AFFORDABLE HOUSING COST. In the event apartment units are constructed, the Agency shall approve subsequent transferees and may require assurances that said transferees shall abide by these Covenants, Conditions, and Restrictions. The covenant contained in this Section 2 shall run with the land and shall automatically terminate and be of no further force or effect upon the Expiration Date. 4. Nondiscrimination Covenants. Covenantor by and for itself, its successors and 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, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property, nor shall Covenantor itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the Property. Covenantor and its successors and assigns, shall refrain from restricting the rental or lease (if permitted by Covenantee) or sale of the Property on the basis of race, color, religion, sex, marital status, national origin or ancestry of any person. All such deeds, leases, or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: (a) In deeds: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and 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, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land." (b) In leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming.under or through him or her, and this lease is made and accepted upon and subject to the following conditions: 663 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 8 b V 9 "There shall be no discrimination against or segregation of any person or group of persons on account of race, color, religion, sex, marital status, ancestry or national origin in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the premises herein leased." (c) In contracts: "There shall be no discrimination against or segregation of, any person, or group of persons on account of race, color, religion, sex, marital status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the transferee himself of herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees or vendees of the premises." Nothing in this Section 4 shall be construed to authorize the rental or lease of the Property if such rental or lease is not otherwise permitted. The covenants in this paragraph 4 shall run with the land in perpetuity. 5. Maintenance of Property. Covenantor shall properly maintain the buildings, landscaping and yard areas on the Property as follows: (a) No improperly maintained landscaping shall be visible from public rights -of - way, including: no lawns with grasses in excess of six (6) inches in height; 2 no untrimmed hedges; 3. no trees, shrubbery, lawns, and other plant life dying from lack of water or other necessary maintenance; 4. no trees and shrubbery grown uncontrolled without proper pruning; 5. no vegetation so overgrown as to be likely to harbor rats or vermin; and 6. no dead, decayed, or diseased trees, weeds, and other vegetation. (b) No yard areas shall be left unmaintained, including: v , 1. no broken or discarded furniture, appliances, and other household equipment stored in yard areas for periods exceeding one (1) week; 0 910 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 87 2. no packing boxes, lumber, trash, dirt, and other debris stored in yards for periods exceeding one (1) week in areas visible from public property or neighboring properties; 3. no unscreened trash cans, bins, or containers stored for unreasonable periods in areas visible from public property or neighboring properties; and 4. no vehicles parked or stored in areas other than approved parking areas. (c) No buildings may be left in an unmaintained condition, including: 1. no violations of state law, Uniform Codes, or City ordinances; 2. no condition that constitutes an unsightly appearance that detracts from the aesthetics or property value of the subject property or constitutes a private or public nuisance; 3. no broken windows or chipped, cracked, or peeling paint; and 4. no conditions constituting hazards and/or inviting trespassers or malicious mischief. 6. Notification as to Capital Improvements. In the event the Covenantor makes capital improvements to the Property, such capital improvements may affect the amount payable to the Covenantor (or its successors) to the Agency pursuant to the "Buyer Disclosure". In order for the capital improvements to be countable for such purposes, the Covenantor shall, prior to undertaking such improvements, inform the Agency in writing as to the general character, extent, and estimated costs of the improvements, and shall further provide invoices, paid bills, and other evidence to substantiate to the reasonable satisfaction of the Executive Director of the Agency the costs incurred. Notice shall reference this Section 6, and shall be mailed or delivered to the La Quinta Redevelopment Agency, Attention: Executive Director, as more fully set forth in Section 10 hereof. 7. Covenants do not Impair Lien. No violation or breach of the covenants, conditions, restrictions, provisions, or limitations contained in this Declaration shall defeat or render invalid or in any way impair the lien or charge of any mortgage or deed of trust or security interest. 8. Conflict with Other Laws: Severability. 665 In the event that any provision of this Declaration is found to be contrary to applicable law or the Affordability Restrictions, then the contrary provisions of this Declaration shall be deemed to mean those provisions which are enforceable and CAMy DocumentAWPDOMAQrmt-Spanos - AFA - Apartmentsmvd 88 consistent with such laws and policies. The remaining portions of this Declaration shall be deemed modified in a manner which is consistent with the goals and intent of this Declaration to provide housing at an affordable housing cost to very low, low, and moderate income households. Every provision of this Declaration is intended to be severable. In the event any term or provision of this Declaration is declared by a court of competent jurisdiction to be unlawful, invalid or unenforceable for any reason, such determination shall not affect the balance of the terms and provisions of this Declaration, which terms and provisions shall remain binding and enforceable. 9. ' Covenants for Benefit of City and Agency. All covenants without regard to technical classification or designation shall be binding for the benefit of the Covenantee and the City of La Quinta (the "City") and such covenants shall run in favor of the Covenantee and the City for the entire period during which such covenants shall be in force and effect, without regard to whether the Covenantee or the City is or remains an owner of any land or interest therein to which such covenants relate. The Covenantee and the City, in the event of any breach of any such covenants, shall have the right to exercise all the rights and remedies and to maintain any actions at law or suits in equity or other proper legal proceedings to enforce and to cure such breach to which it or any other beneficiaries of these covenants may be entitled during the term specified for such covenants, except the covenants against discrimination which may be enforced at law or in equity at any time in perpetuity. 10. Notices. Demands and Communications Written notices, demands and communications between the Covenantor and the Covenantee shall be sufficiently given if delivered by hand or dispatched by registered or certified mail, postage prepaid, return receipt requested, as follows: Covenantor: The Spanos Corporation 3773 Howard Hughes Parkway, Suite 590S Las Vegas, Nevada 89109 Attn : Covenantee: La Quinta Redevelopment Agency Attention: Executive Director 78-495 Calle Tampico La Quinta, California 92253 Such addresses for notice may be changed from time to time upon notice to the other party. -+ G Any written notice, demand or communication shall be deemed received immediately if delivered by hand and shall be deemed received on the fifth (5th) calendar day from the date it is postmarked if delivered by registered or certified mail. 092 CAMy Documents\WPDOCSWgrmt-Spanos - AFA - Apartments.wpd 89 11. Expiration Date. This Declaration shall automatically terminate and be of no further force or effect as of thirty (30) years from the date this Declaration is recorded. IN WITNESS WHEREOF, the Covenantee and Covenantor have caused this instrument to be executed on their behalf of their respective officers hereunto duly authorized as of the date set forth above. THE LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic By: THOMAS P. GENOVESE, Executive Director "COVENANTEE" ATTEST: SAUNDRA L. JUHOLA, Agency Secretary (Agency's and Owner's Signature must be acknowledged by a Notary Public) THE SPANOS CORPORATION "COVENANTOR" or DEVELOPER" 69 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 90 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF THE SOUTHWEST ONE -QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST, S.B.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST ONE - QUARTER OF SECTION 29; THENCE NORTH 000 20' 08" WEST ALONG THE WESTERLY LINE OF SAID SOUTHWEST ONE -QUARTER A DISTANCE OF 1087.25 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 890 51' 38" EAST A DISTANCE OF 1115.00 FEET; THENCE SOUTH 000 20' 08" EAST PARALLEL WITH SAID WESTERLY LINE A DISTANCE OF 580.00 FEET; THENCE NORTH 890 51' 38" WEST A DISTANCE OF 1115.00 FEET TO A POINT ON SAID WESTERLY LINE; THENCE NORTH 000 20' 08" WEST ALONG SAID WESTERLY LINE A DISTANCE OF 580.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM AN EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES OVER THE WESTERLY 55.00 FEET OF SAID DESCRIBED . . PARCEL. ALSO EXCEPTING THEREFROM AN EASEMENT FOR LANDSCAPE AND PEDESTRIAN PURPOSES OVER THE EASTERLY 20.00 OF THE WESTERLY 75.00 FEET OF SAID DESCRIBED PARCEL. SUBJECT TO EXISTING EASEMENTS OF RECORD. COMPRISING 14.845 ACRES OF GROSS AREA, 13.847 ACRES OF NET AREA, MORE OR LESS. 6% CAMy Documents\WPDOCSWgrmt-Spanos - AFA - Apartments.wpd G04 91 . ATTACHMENT NO. 9 CERTIFICATE OF COMPLETION RECORDING REQUESTED BY ) AND WHEN RECORDED MAIL TO: ) LA QUINTA REDEVELOPMENT AGENCY ) 78-495 Calle Tampico ) La Quinta, California 92253 ) Attn: Executive Director ) Space above for Recorder's use. CERTIFICATE OF COMPLETION OF CONSTRUCTION AND DEVELOPMENT WHEREAS, by an Affordable Housing Agreement dated , 19_, by and between the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic (hereinafter referred to as the "Agency") and THE SPANOS CORPORATION (collectively referred to as the "Developer"), the Developer has constructed improvements upon the real property (the "Site"), legally described on the Attached Exhibit "A", by constructing or causing to be constructed the improvements thereon according to the terms and conditions of said Affordable Housing Agreement (the "Agreement"); and WHEREAS, pursuant to Section 315 of the Agreement, promptly after completion of the Improvements the Agency shall furnish the Developer with a Certificate of Completion upon written request therefor by the Developer; and WHEREAS, the issuance by the Agency of the Certificate of Completion shall be conclusive evidence that the construction of the Improvements conforms to the Agreement; and WHEREAS, the Developer has requested that the Agency furnish the Developer with the Certificate of Completion; and WHEREAS, the Agency has conclusively determined that the construction of the Improvements conforms to the Agreement; NOW, THEREFORE: 1. As provided in the Agreement, the Agency does hereby certify that the construction of the Improvements required to be constructed on the Site described in Exhibit "A" hereto has been satisfactorily performed and completed and that such development and construction work complies with the Agreement. 6 6 J, G 65 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 92 2. This Certificate of Completion does not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any holder of a mortgage or any insurer of a mortgage security money loaned to finance the work of construction if improvements and development of the Site, or any part hereof. This Certificate of Completion is not a notice of completion as referred to in Section 3093 of the California Civil Code. 3. This Certificate of Completion does not denote completion of any work required to be completed, other than on the Site. 4. The Deed of Trust recorded as Document No. among. the official land records of the County of Riverside and those Conditions, Covenants and Restrictions recorded as Document No. among the official land records of the County of Riverside shall remain in full force and effect. IN WITNESS WHEREOF, the Agency has executed this Certificate as of this day of 919. LIM ATTEST: LA QUINTA REDEVELOPMENT AGENCY THOMAS P. GENOVESE, Executive Director SAUNDRA L. JUHOLA, Agency Secretary U.96 CAMy DocumentAWPDOMAgrmt-Spanos - AFA - Apartmentsmpd 93 ATTACHMENT #2 SUMMARY REPORT FOR THE AFFORDABLE HOUSING AGREEMENT FOR APARTMENTS BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND THE SPANOS CORPORATION J U LY 20, 1999 INTRODUCTION The La Quinta Redevelopment Agency ("Agency") is contemplating an Affordable Housing Agreement ("Agreement") with The Spanos Corporation ("Developer") to facilitate the development of 200 residential apartment units, of which 20 units would be affordable to low and moderate income families ("Development"). The Development would be located on a 14.2-acre parcel located northeast of the intersection of 48th Avenue and Adams Street in La Quinta Redevelopment Project No. 2 ("Site"). As part of this transaction, the Developer will transfer a 10-acre parcel generally located southwest of the corner of 47th Avenue and Adams Street ("Developer Property") to the Agency for the Site. This document is the Summary Report ("Report") for the Agreement and has been prepared pursuant to Section 33433 of the California Health and Safety Code (the California Community Redevelopment Law or "Community Redevelopment Law"). This Report presents the following: I. A summary of the proposed Development. II. The cost of the Agreement to the Agency. III. The estimated value of the interest to be conveyed determined at the highest and best uses permitted by the Agency's Project No. 2 Redevelopment Plan. IV. The estimated value of the interest to be conveyed determined at the use with the conditions, covenants, and development costs required by the Agreement. V. An explanation of why the sale of property pursuant to the Agreement will assist in the elimination of blight. I. THE DEVELOPMENT PROPOSAL City and Agency Housing Mandates Both the City of La Quinta ("City") and the Agency are mandated by the State Planning and the Community Redevelopment Laws to continually seek opportunities that increase and improve the supply of housing affordable to very low, low, and moderate income. households. State Planning Laws mandate that the City pursue a housing mix that C:\My Documents\WPDOCS\SUMMARRpt-Spanos.doc �j �' . 0 9'7 accommodates both local and regional housing demand for affordable dwellings. The Community Redevelopment Law provides that the Agency must pursue the production of affordable housing units within the Agency's two redevelopment project areas. Said Law further mandates that a minimum of 15% of all new and rehabilitated dwelling units within these project areas be affordable to very low, low, and moderate income households, and that these dwellings feature covenants that maintain their affordability for a minimum of 30 years. If the Agency does not implement this housing mandate, then the Agency's nonhousing redevelopment revenue may be withheld. The Site The Site is part of a larger 50-acre parcel that the Agency purchased in 1995. At that time, the Agency was seeking to reserve property for future affordable housing development and to facilitate quality development on property that would be difficult to develop. Site development constraints include greater infrastructure needs, topography variations that require significant cut and fill, and utility easements that reduce the developable area. The Site is bounded by vacant property to the north and east, slated for commercial and residential uses, respectively, and the Lake La Quinta and Rancho La Quinta residential and resort developments to the west and south. The Agency is currently negotiating an affordable housing agreement for the remaining 35.6 acres of the 50-acre parcel that contemplates 99 one-story single-family dwellings and related neighborhood improvements. Per the Agreement, the Agency will exchange the Site for the Developer Property to facilitate the Development. Initially, the Developer proposed a similar multifamily development (without an affordable housing component) on the Developer Property, but the community raised concerns regarding compatibility with adjoining residential uses. In an effort to resolve this conflict, the Agency initiated discussions with the Developer that led to the favorable relocation of their development proposal to the Site, and the inclusion of affordable housing units. The Development The Developer proposes to construct 200 two-story rental apartment units. The dwellings will range from 792 to 1,121 square feet in size, with 136 one- and 64 two -bedroom units. Site amenities will include controlled access, landscaped open space areas, a pool, and other recreation facilities. Enclosed garages and carports will house the residents' vehicles. The Development will be constructed in one phase. In order to increase the community's supply of affordable rental units, the Developer will reserve 20 units as affordable housing for low and moderate income households; 10 units will be affordable to moderate income households and 10 units affordable to low income households. Per the Agreement, these units will remain affordable to said households for 30 years. CAMy Documents\WPDOCS\SUMMARRpt-Spanos.doc 6 II. THE COST OF THE AGREEMENT TO THE AGENCY The total cost of the Agreement to the Agency is $300,000; $82,277 to compensate the Developer for the difference between the fair market appraised value of the Developer Property and the Site (a May 18, 1999 appraisal by MacKenzie, Wagner & Associates commissioned by the Agency concluded that the Developer Property is worth $1,200,000 while the Site is worth $1,117,723), and $217,723 to cover planning, public agency fee and off -site improvement costs related to the 20 affordable units. The property exchange (the Site for the Developer Property) will provide the Agency with 10 acres of property that zoned for residential uses. No plans have been discussed for the disposition of the Developer Property at this time. Source and Cost of Agency Funds The $300,000 of assistance will be funded with proceeds from the Agency's 1995 Housing Bond. The Agency issued approximately $22.5 million in bonds secured by the 20% housing fund revenues from both of the Agency's Redevelopment Projects. The Bonds are for a term of 30 years and are at an average coupon interest rate of 6%. Based upon these terms, the $300,000 of Housing Bond proceeds pledged to underwrite the Agreement will cost the Agency an estimated $750,720 in bond interest expense. Thus, the total cost of the Agreement to the Agency is projected to be $1,050,720. III. ESTIMATED VALUE OF INTEREST TO BE CONVEYED The Agency commissioned an appraisal of the Site in the spring of 1999. The appraisal was delivered on May 18, 1999 and established a fair market value for the Site of $78,712 per acre or $1,117,723. IV. ESTIMATED VALUE OF THE INTEREST TO BE CONVEYED DETERMINE AT THE USE WITH THE CONDITIONS, COVENANTS, AND DEVELOPMENT COSTS REQUIRED BY THE AGREEMENT The Agreement provides that the Developer will reserve 20 units at rents affordable to low and moderate income households for 30 years. Ten units will be reserved for moderate income households and ten units for low income households. At this time, rents affordable to moderate income households in Riverside County are equal to the rents that the Developer proposes to charge for one- and two -bedroom units. However, the current affordable rents for low income households range from $566 to $638 per month for one - and two -bedroom units, respectively. The Developer's market research indicates that the La Quinta rental market will support rents for like units of $865 to $1,100. The capitalized value of the rental income (at a 10% capitalization rate) from the 10 low income units indicates a value of $679,200 versus a value for like non -affordable restricted units of $1,038,000, or a difference of $358,800. This valuation variance translates into a reduced amount of funds the Developer may secure to underwrite Site improvement and Development construction costs. The Agency assistance of $217,723 will aid the Developer in coverina this shortfall. a `' 009 CAMy Documents\WPDOCS\SUMMARRpt-Spanos.doc V. EXPLANATION OF WHY THE SALE OF THE PROPERTY PURSUANT TO THE AGREEMENT WILL ASSIST IN THE ELIMINATION OF BLIGHT The Development will address the following reasons for establishing the La Quinta Redevelopment Project No.2: Infrastructure Improvements. The Development will result in the construction of a storm water detention basin and other improvements that will channel storm water runoff to local and regional flood control facilities. Further, the Development will result in improvements to the street system that serves the Project Area, thus eliminating infrastructure deficiencies. Flood control and infrastructure deficiencies were the primary blighting conditions that led to the establishment of the Project No.2. Removal of Impediments to Development. The land and infrastructure assistance provided through the Agreement will make it possible for affordable housing units to be developed within the Project Area. Further, the Agency's acquisition and subsequent conveyance of the Site facilitates the development of property that is otherwise difficult to develop. Infrastructure improvements and grading required increase development costs. Further, the adjacent auto mall reduces the desirability to develop the Site for residential uses. Finally, the Development will generate jobs during the construction phase, and will generate additional demand for products and services when the units are occupied. Increasing and Improving the Supply of Affordable Housing. The Development will result in the construction of housing units that will be affordable to low and moderate income households. 6 '.i' 4 CAMy Documents\WPDOCS\SUMMARRpt-Spanos.doc 100 T4t!t 44Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: August 3, 1999 CONSENT CALENDAR: STUDY SESSION: A Joint Public Hearing Between the City Council and Redevelopment Agency to Approve an Agreement to PUBLIC HEARING: Sell Real Property Located at 52-085 Avenida Alvarado by and Between Terri Orosco and the La Quinta Redevelopment Agency RECOMMENDATION: Approve the sale of the property located at 52-085 Avenida Alvarado to maintain an affordable housing unit in Project Area No. 1 for a price of $85,000. FISCAL IMPLICATIONS: The Agreement will result in the following fiscal impacts: Resale Proceeds: The Redevelopment Agency will receive approximately $58,295 in cash proceeds from this transaction, and a new second trust deed of $25,000 will be placed on the property in favor of the Agency. CHARTER CITY IMPLICATIONS: None. BACKGROUND: In August, 1995, the Agency, in order to protect it's investment, acquired 50 single family homes as a result of the Coachella Valley Land bankruptcy filing and pending foreclosure action. These units were converted into very low income rental units. The Agency's cost to acquire the 50 housing units averaged $86,500 per unit. On February 17, 1998, the Agency authorized the sale of up to two (2) units per year. As directed, staff first offered one of the units to the existing tenant, Terri Orosco, who qualifies as low income. As she accepted, no further offers were made. Property Resale: The sale transaction will be structured as other Agency affordable housing projects, wherein the existing Agency -funded silent second trust deed will cover the difference between the market sales price and an affordable first trust deed mortgage. The proposed purchaser qualifies as very low income. Therefore, selling the unit at market CAMy Documents\WPDOCS\ccjhCC-RDA sale - Alvaradompd / / value, $85,000, will result in a maximum first trust deed mortgage of $57,450. The Agency would convert $25,000 of its existing equity in the property into a second trust deed loan, leaving a remainder of $2,550 (3%) as the purchaser's down payment. This unit qualifies as substantially rehabilitated and, therefore, can be counted toward meeting the Agency's inclusionary housing requirement. A Summary Report is attached (Attachment 1). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve the sale of the property located at 52-085 Avenida Alvarado to maintain an affordable housing unit in Project Area No. 1 for a price of $85,000; or 2. Do not approve the request to sell this property, and instead, retain the unit in the Rental Housing Program; or 3. Provide staff with alternative direction. Respectfully subm Herman munit Development Director Approved for submission by: (:/] �� zj",I/ Thomas P. Genovese, City Manager Attachment: 1. Summary Report 0 2 CAMy Documents\WPDOCS\ccjhCC-RDA sale - Alvaradompd ATTACHMENT 1 SUMMARY REPORT FOR THE PROPOSED SALE AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND TERRI OROSCO August 3, 1999 INTRODUCTION This document is the Summary Report ("Report") for the proposed sale between the La Quinta Redevelopment Agency ("Agency") and Terri Orosco ("Buyer"). The purpose of the Sale Agreement ("Agreement") is to facilitate the sale by the Agency of a single-family dwelling to the Buyer. This Report has been prepared pursuant to Section 33433 of the California Health and Safety Code ("California Community Redevelopment Law") and presents the following: I. A summary of the proposed transaction. II. The cost of the sale to the Agency. III. The estimated value of the interest to be conveyed, determined at the highest and best uses permitted by the Agency's Redevelopment Plan. IV. The estimated value to be conveyed, determined by the use and with the conditions, covenants, and development costs required by the Agreement. V. An explanation of why the Property, pursuant to the Agreement, will assist in the elimination of blight. SUBJECT PROPERTY The Subject Property ("Property") is a 3-bedroom, 2-bath single-family dwelling located at 52-085 Avenida Alvarado within La Quinta Redevelopment Project Area No. 1, THE TRANSACTIONS PROVIDED FOR BY THE AGREEMENT The Agreement will facilitate the sale of the Property to the Buyer, who will subsequently occupy the dwelling. The sales price is $85,000, comprised of approximately $2,550 in the Buyer's down payment, $57,450 will be financed through the Buyer's first trust deed mortgage, and $25,000 of the Agency's equity in the Property will be converted into an affordable housing second trust deed. This second trust deed will include covenants to insure that the Property will remain affordable to a very low-income family for a minimum of 30 years. UI( CAMy Documents=PDOMSummary report - Alvarado.doc 0 4 The monies required to fund the Agency's second trust deed were expended in August, 1995, when the Agency purchased this unit in order to secure its investment through an Affordable Housing Agreement with Coachella Valley Land. A portion of the purchase monies (approximately $60,000) will be repaid to the Agency through the Buyer's down payment and first trust deed mortgage; the remaining funds will stay in place to fund the Agency's second trust deed mortgage and closing cost contribution. I. History of Property This Property is currently a part of the Agency Rental Property Purchase Program. In May, 1998, the Agency offered this property to the tenant for purchase and the Buyer expressed an interest in purchasing the unit. Since that time, the Buyer was approved by ProFed Mortgage for a mortgage up to the amount of $57,450. The Buyer is a very low income household. II. The Cost of the Instructions to the Agency To date, the Agency has a total of approximately $86,500 invested in the Property. The initial sales contract with the Buyer provided for a purchase price of $85,000. Under this proposed transaction, the Agency's investment will be as follows: Total Agency Investment: $86,500 Buyer Down Payment $2,550 Buyer First Trust Deed Monies Paid to Agency: $57,450 Agency Affordable Housing Second Trust Deed: $25,000 Unfunded Agency Investment: $0 III. Estimated Value of the Interest to be Conveyed. Determined at the Highest and Best Uses Permitted by the Agency's Redevelopment Plan The Redevelopment Plan for La Quinta Redevelopment Project No. 1 provides that the Property shall be used for low -density residential development. The Agency's consultant commissioned a real property appraisal to determine the Property's current market value. The appraisal, dated April 13, 1999, indicates a current fair market value of $85,000. This value coincides with other similarly sized units in the Cove. IV. Estimated Value of the Interest to be Conveyed. Determined at the Use With the Conditions. Covenants. and Development Costs Required by the Agreement The Agreement providet that the Property will be sold at the current market value of $85,000, which reflects the fair market value. CAMy DocumentsMPDOMSummary report - Alvarado.doc 0 5 V. Explanation of Why the Sale of the Property Pursuant to the Agreement will Assist in the Elimination of Blight The Agreement provides for the sale of the Property and the recordation of affordability covenants that will insure its continued affordability to a low-income household for 30 years. Thus, the transaction will insure the continued affordability of a single-family dwelling to a low-income household. CAMy DocumentsUPDOMSummary report - Alvarado.doc 0 TWT 4 stP Q" COUNCIL/RDA MEETING DATE: August 3, 1999 A Joint Public Hearing Between the City Council and Redevelopment Agency to Approve an Agreement to Sell Real Property Located at 52-050 Avenida Mendoza by and Between Jose and Maria Chicas and the La Quinta Redevelopment Agency RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: _q Approve the sale of the property located at 52-050 Avenida Mendoza to maintain an affordable housing unit in Project Area No. 1 for a price of $92,650. FISCAL IMPLICATIONS: The Agreement will result in the following fiscal impacts: Resale Proceeds: The Redevelopment Agency will receive approximately $63,500 in cash proceeds from this transaction, and the buyers will reinstitute the Agency's previous second trust deed of $26,650 which will be rerecorded on the property in favor of the Agency. Operation Costs: In August 1998, the Redevelopment Agency approved an expenditure of $66,355.37 for acquisition of the property, and an expenditure of up to $20,000 to correct damages. The housing unit has been rehabilitated to correct existing damage at a total cost of $5,965. CHARTER CITY IMPLICATIONS: None. BACKGROUND: The Agency acquired the property at a foreclosure sale to protect the Agency's second trust deed in the amount of $26,650 and the associated Affordability Covenants. This particular property was part of the Coachella Valley Housing Coalition Sweat Equity Program. The previous owners actively participated in the construction of the property, contributing the equivalent of $19,350 in work effort. As the owners were unable to maintain the first trust deed, the property went into foreclosure and in October 1998, the City purchased the property at a foreclosure sale. The previous owner vacated the property in February 1999. C:\My Documents\WPDOCS\ccjh-CC RDA sale - Mendozamlod (a-7 3 Property Resale: The sale transaction will be structured as other Agency affordable housing projects, wherein the existing Agency -funded silent second trust deed will buy down the difference between the market sales price and an affordable first trust deed mortgage. The unit will be sold at a market value of $92,650. As proposed purchasers, Jose and Maria Chicas who qualify as a low income household, will have a maximum first trust deed mortgage of $63,220. The Agency will convert $26,650 of its existing equity in the property into a second trust deed loan, leaving a remainder of $2,780 (3%) as the purchaser's down payment. A more detailed Summary Report is attached (Attachment 1). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve the sale of the property located at 52-050 Avenida Mendoza to maintain an affordable housing unit in Project Area No. 1 for a price of $92,650; or 2. Do not approve the request to sell this property, and instead, place the unit in the Rental Housing Program; or 3. Provide staff with alternative direction. Respectfully su Hern)ian unity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Summary Report 631 C:\My Documents\WPDOCS\ccjh-CC RDA sale - Mendozampd 002 ATTACHMENT 1 SUMMARY REPORT FOR THE PROPOSED SALE AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND JOSE CHICAS AND MARIA CHICAS August 3,1999 INTRODUCTION This document is the Summary Report ("Report") for the proposed sale between the La Quinta Redevelopment Agency ("Agency") and Jose Chicas and Maria Chicas ("Buyer"). The purpose of the Sale Agreement ("Agreement") is to facilitate the sale by the Agency of a single-family dwelling to the Buyer. This Report has been prepared pursuant to Section 33433 of the California Health and Safety Code ("California Community Redevelopment Law") and presents the following: I. A summary of the proposed transaction. II. The cost of the sale to the Agency. III. The estimated value of the interest to be conveyed, determined at the highest and best uses permitted by the Agency's Redevelopment Plan. IV. The estimated value to be conveyed, determined by the use and with the conditions, covenants, and development costs required by the Agreement. V. An explanation of why the Property, pursuant to the Agreement, will assist in the elimination of blight. SUBJECT PROPERTY The Subject Property ("Property") is a 4-bedroom, 2-bath single-family dwelling located at 52-050 Avenida Mendoza within La Quinta Redevelopment Project Area No. 1. THE TRANSACTIONS PROVIDED FOR BY THE AGREEMENT The Agreement will facilitate the sale of the Property to the Buyer, who will subsequently occupy the dwelling. The sales price is $92,650, of which approximately $2,780 is the Buyer's down payment, $63,220 will be financed through the Buyer's first trust deed mortgage, and $26,650 of the Agency's equity in the Property will be converted into an affordable housing second trust deed. This second trust deed will include covenants to insure that the Property will remain affordable to a qualified low-income family for a minimum of 30 years. The monies required to fund the Agency's second trust deed were expended in October, 1998, when the Agency purchased this unit in order to secure the existing affordability covenants. A portion of these purchase monies (approximately $63,500) will be repaid to the Agency through the Buyer's down payment and first trust deed mortgage; the remaining funds will stay in place to fund the CAMy DocumentsMPDOMSummary report - 52-050 Mendoza.doc 63.2 0 V 4 Agency's second trust deed mortgage and closing cost contribution. This transaction also includes the Agency's current expenditure of approximately $12,000 in correcting property deficiencies, which includes an allowance to install front yard landscaping. All existing landscape is dead and must be replaced at the close of escrow. I. History of Property This Property was previously a part of the Agency/CVHC affordable housing subsidy program. In October, 1998, the Agency purchased the unit at a foreclosure sale. Including the Agency's original investment for the housing subsidy program, and the cost of the outstanding liens and rehabilitation costs, the Agency's investment is approximately $81,000 in this unit. This Property has been vacant since February 18, 1999. In June, 1999, the Buyer expressed an interest in purchasing the unit. Since that time, the Buyer was approved by Countrywide Home Loans for a mortgage up to the amount of $68,000. The Buyer is a low income household. II. The Cost of the Sale to the Agency To date, the Agency has a total of approximately $78,400 invested in the Property. The initial sales contract with the Buyer provided for a purchase price of $92,650. Under this proposed transaction, the Agency's investment will be treated as follows: Total Agency Investment: $81,000 Buyer Down Payment: $2,780 Buyer First Trust Deed Monies Paid to Agency: $63,220 Agency Affordable Housing Second Trust Deed: $26,650 Unfunded Agency Investment: $0 III. Estimated Value of the Interest to be Convey, Determined at the Highest and Best Uses Permitted by the Agency's Redevelopment Plan The Redevelopment Plan for La Quinta Redevelopment Project No. 1 provides that the Property shall be used for low -density residential development. The Agency's consultant commissioned a real property appraisal to determine the Property's current market value. The appraisal, dated June 1, 1999, indicates a current fair market value of $91,000. This value coincides with other similarly sized units in the Cove. IV. Estimated Value of the Interest to be Conveyed, Determined at the Use With the Conditions. Covenants, and Development Costs Required by the Agreement The Agreement provides that the Property will be sold at $92,650, which reflects a fair market value. b�C:\My Documents\WPDOCS\Summary report - 52-050 Mendoza.doc V. Explanation of Why the Sale of the Property Pursuant to the Agreement will Assist in the Elimination of Blight The Agreement provides for the sale of the Property and the recordation of affordability covenants that will insure its continued affordability to a low-income household for 30 years. Thus, the transaction will insure the continued affordability of a single-family dwelling to a low-income household. 68A 0Cj6 CAMy DocumentsMPDOMSummary report - 52-050 Mendoza.doc