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1999 10 05 CC�la�� •C7 F OZ U S OF TN�O City Council Agenda CITY COUNCIL CHAMBER 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting October 5. 1999 - 2:00 P.M. CALL TO ORDER a. Pledge of Allegiance b. Roll Call PUBLIC COMMENT Beginning Res. No. 99-130 Ord. No. 336 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 CONDUCT CLOSED SESSION DISCUSSIONS DURING THE DINNER RECESS. ADDITIONALLY, PERSONS IDENTIFIED AS NEGOTIATING PARTIES WHERE THE CITY IS CONSIDERING ACQUISITION OF THEIR PROPERTY ARE NOT INVITED INTO THE CLOSED SESSION MEETING. 1. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, THOMAS GENOVESE, REGARDING ACQUISITION NEGOTIATIONS FOR JEFFERSON STREET, AVENUE 54 TO HIGHWAY 111, 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. 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 September 21, 1999 ANNOUNCEMENTS PRESENTATIONS 1. PRESENTATION OF PLAQUE TO JUDY VOSSLER EXPRESSING APPRECIATION FOR HER SERVICE ON THE HISTORIC PRESERVATION COMMISSION AND CULTURAL ARTS COMMISSION. 2. PRESENTATION OF PROCLAMATION DECLARING OCTOBER, "NATIONAL ARTS AND HUMANITIES MONTH." 3. PRESENTATION OF PROCLAMATION DECLARING OCTOBER "NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH." WRITTEN CORRESPONDENCE 1. LETTER FROM ROBERT ATKINS RESIGNING FROM THE RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE. -2- 002 CONSE T CALENDAR Note: Consent Calendar Items are considered to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED OCTOBER 5, 1999 FOR THE CITY OF LA QUINTA AND LA QUINTA FINANCING AUTHORITY. 2. APPROVAL OF A TRI-PARTY AGREEMENT FOR MAINTENANCE OF TRAFFIC SIGNAL AND SAFETY LIGHTING BETWEEN RIVERSIDE COUNTY, THE CITY OF PALM DESERT AND THE CITY OF LA QUINTA. 3. APPROVAL TO AWARD A PROFESSIONAL SERVICES CONTRACT TO THE FIRM OF DAVID EVANS AND ASSOCIATES TO PROVIDE DESIGN SERVICES FOR THE COVE OASIS/LAKE CAHUILLA TRAIL HEAD PROJECT, 4. APPROVAL TO AWARD A PROFESSIONAL SERVICES CONTRACT TO THE FIRM OF TRI STATE LAND SURVEYORS AND CIVIL ENGINEERS TO PROVIDE CONSTRUCTION CONTROL STAKING FOR JEFFERSON STREET IMPROVEMENTS, PHASE I, AVENUE 54 TO HIGHWAY 111, PROJECT NO. 99-05. 5. APPROVAL TO AWARD A PROFESSIONAL SERVICES CONTRACT TO THE FIRM OF SOUTHLAND GEOTECHNICAL, INC. TO PROVIDE MATERIALS TESTING SERVICES FOR JEFFERSON STREET IMPROVEMENTS, PHASE I, AVENUE 54 TO HIGHWAY 111, PROJECT NO. 99-05. 6. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 29122, MSG ENTERPRISES, INC. 7. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 29349-2, KSL LAND CORPORATION. 8. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 29349-1, KSL LAND CORPORATION. 9. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 29348-2, KSL LAND CORPORATION. 10. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 29348-1, KSL LAND CORPORATION. 11. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 29347, KSL LAND CORPORATION. 12. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 27519, CENTURY HOMES. 13. AUTHORIZATION TO REDUCE SCOPE OF WORK AND RELEASE SECURITY ASSOCIATED WITH TRACT 29136, KSL LAND CORPORATION. -3- 003 14. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY SERVICES DIRECTOR TO ATTEND THE NRPA LEADERSHIP DEVELOPMENT INSTITUTE, DECEMBER 5-8, 1999 IN RENO, NEVADA. 15. APPROVAL OF AN ART PURCHASE AGREEMENT WITH THE LA QUINTA ARTS FOUNDATION FOR THE BEAR CREEK TRAIL ART PIECE. 16. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM KSL TO THE CITY OF LA QUINTA. BUSINESS SESSION 1. CONSIDERATION OF REQUEST(S) TO RECOGNIZE CONGRESSIONAL MEDAL OF HONOR RECIPIENTS. A) MINUTE ORDER ACTION. 2. CONSIDERATION TO REJECT BIDS FOR PROJECT NO. 98-11, CALLE RONDO DRAINAGE CHANNEL IMPROVEMENTS. A) MINUTE ORDER ACTION. 3. CONSIDERATION OF "TRIANGULAR ADOPTION" PROGRAM. A) MINUTE ORDER ACTION. 4. CONSIDERATION OF ADOPTION OF A RESOLUTION CALLING FOR A REGIONAL AIRPORT PLAN FOR SOUTHERN CALIFORNIA. A) RESOLUTION ACTION. 5. CONSIDERATION OF A RECOMMENDATION OF THE HISTORIC PRESERVATION COMMISSION FOR THE ALLOCATION OF FUNDS IN AN AMOUNT NOT TO EXCEED $10,000 TO HIRE A CULTURAL RESOURCES CONSULTANT TO PREPARE GUIDELINES FOR THE CURATION OF ARCHAEOLOGICAL COLLECTIONS. A) MINUTE ORDER ACTION. ME AM 6. CONSIDERATION OF A FUNDING REQUEST FROM SIMON MOTORS TO PROCESS THREE TEMPORARY USE PERMITS. A) MINUTE ORDER ACTION. CONSIDERATION OF AN AMENDMENT TO CHAPTER 2.70, SECTIONS 2.70.020 (BOARD MEETINGS) AND 2.70.030 (BOARD FUNCTIONS), OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATIVE TO THE INVESTMENT ADVISORY BOARD. A) MOTION TO TAKE UP ORDINANCE N0, BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING. B) MOTION TO INTRODUCE ORDINANCE NO. ON FIRST READING. STUDY SESSION 1. DISCUSSION REGARDING NEW DEVELOPMENT PAD ELEVATIONS. 2. DISCUSSION OF REGULATIONS REGARDING BILLBOARDS. 3. DISCUSSION REGARDING THE COMMUNITY SERVICES GRANT PROCESS. REPORTS AND INFORMATIONAL ITEMS A. CVAG COMMITTEE REPORTS B. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (SNIFF) 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) -5- 005 DEPARTMENT REPORTS A. CITY MANAGER 1. RESPONSES TO PUBLIC COMMENTS 2. REPORT ON AUTO MALL GRAND OPENING PLANNING MEETING. B. CITY ATTORNEY C. CITY CLERK 1. REPORT ON UP -COMING EVENTS D. BUILDING AND SAFETY DIRECTOR - None E. COMMUNITY DEVELOPMENT DIRECTOR 1. CONTINUED REPORT ON POWER LINE UNDERGROUNDING FOR LUNDIN DEVELOPMENT COMPANY AT THE NORTHWEST CORNER OF JEFFERSON STREET AND 50TH AVENUE. F. COMMUNITY SERVICES DIRECTOR 1. DE MARTINO ART PIECE CONTRACT UPDATE. G. FINANCE DIRECTOR - None H. PUBLIC WORKS DIRECTOR - None I. POLICE CHIEF 1. MONTHLY REPORT FOR AUGUST 1999 J. BATTALION CHIEF - None MAYOR AND COUNCIL MEMBERS' ITEMS DISCUSSION OF ILLUMINATED AWNINGS. RECESS TO REDEVELOPMENT AGENCY MEETING RECESS UNTIL 7:00 P.M. 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 n A U1e PUBLIC HEARINGS PUBLIC HEARING ON TENTATIVE TRACT MAP 29421, A REQUEST TO SUBDIVIDE 50.83 ACRES INTO FOUR COMMERCIAL LOTS, ONE GOLF CART PATH LOT, AND OTHER COMMON LOTS IN THE TOURIST COMMERCIAL ZONE LOCATED AT THE SOUTHERN TERMINUS OF PGA BOULEVARD IN PGA WEST. APPLICANT: KSL LAND CORPORATION. A) RESOLUTION ACTION. JOINT PUBLIC HEARINGS WITH THE LA QUINTA REDEVELOPMENT AGENCY 2. JOINT PUBLIC HEARING BY AND BETWEEN THE CITY COUNCIL AND REDEVELOPMENT AGENCY TO CONSIDER A LEASE TRANSACTION BETWEEN THE AGENCY AND THE UNITED STATES POSTAL SERVICE FOR FOUR VACANT PARCELS OF LAND OWNED BY THE AGENCY LOCATED ON THE NORTH SIDE OF AVENIDA MONTEZUMA AND WEST OF AVENIDA BERMUDAS. A) RESOLUTION ACTION. (2) JOINT PUBLIC HEARING BY AND BETWEEN THE CITY COUNCIL AND REDEVELOPMENT AGENCY TO CONSIDER THE CONVEYANCE OF THREE WELL SITE PROPERTIES FROM THE REDEVELOPMENT AGENCY TO THE COACHELLA VALLEY WATER DISTRICT. A) RESOLUTION ACTION. ADJOURNMENT -7- 007 DECLARATION OF POSTING I, Regenia Hensley, Deputy City Clerk of the City of La Quinta, California, do hereby declare that the foregoing agenda for the City Council meeting of October 5, 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 Stater Bros., 78-630 Highway 111, on Friday, October 1, 1999. DATED: October 1, 1999 RE NIA HENSLEY, Deputy 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. EXHIBIT A CITY OF LA QUINTA CIP 99-05, PHASE I JEFFERSON STREET IMPROVEMENTS AVENUE 54 TO HIGHWAY II I AFFECTED RIGHT-OF-WAY ACQUISITION PARCELS & TEMPORARY CONSTRUCTION EASEMENTS: F y M,_ OWNER A.P.N. NEGOTIATOR XOCHIMILCO PROPERTIES, INC. 769-240-017, 769-230-030 CYNTHIA ZAMORES (KSL) BUREAU OF RECLAMATION (ALL AMERICAN CANAL) 769-230-017 MARY MURPHY @ BOR XOCHIMILCO PROPERTIES, INC. 769-230-023, 769-230-019 CYNTHIA ZAMORES (KSL) W. LUSARDI 769-480-01 1 ELAINE 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 009 7:1PWDEP7�PROJfC'fS199►RJCTS�99-0SJEFFS't(54-INDBIYD)�ROW\►HSEIPRCLS.W►D Printed September 28, 1999 Cc CAN - WRITTEN CORRESPONDENCE ITEM: l '99 SEP 29 PM 2 06 September 28ITAPIA QUINTA CITY MANAGER'S OFFICE Honorable Mayor - John Pena Council Persons - Don Adolph Terry Henderson Ron Perkins Stan Sniff Subject: Riverside County Library System Advisory Committee With much regret, I find it necessary to relinquish my appointment by the City of La Quinta to represent the City at the above noted subject meetings. I certainly enjoyed my tenure on the Committee and thank you for the appointment. Unfortunately, I do not have a person in mind that I could suggest as a replacement; however, I'm sure you will not have a problem in doing so. Sincerely, A��au�- olo T4ty,-- 4 4 Q" COUNCIL/RDA MEETING DATE: OCTOBER 5, 1999 ITEM TITLE: Demand Register Dated October 5, 1999 RECOMMENDATION_ Approve Demand Register Dated October 5, 1999 BACKGROUND: Prepaid Warrants: 38514 - 385201 15,216.72 38521 - 38533) 919,124.00 38534 - 385351 84,379.00 38536 - 385411 59,121.20 Auto Mall 10101 95,894.37 Wire Transfers) 24,916.02 P/R 3716 - 3784) 83,725.26 P/R Tax Transfers) 33,838.65 Payable Warrants: 38542 - 38662) 606,183.81 $1,922,399.03 FISCAL IMPLICATIONS: Demand of Cash -City $1,745,629.07 M. Falconer, Fiance Director AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING CITY DEMANDS RDA DEMANDS $1,745,629.07 176,769.96 $1,922,399.03 O11 CITY OF LA QUINTA BANK TRANSACTIONS 9/17/99 - 9/29/99 9/17/99 WIRE TRANSFER - DEFERRED COMP $5,133.49 9/17/99 WIRE TRANSFER - PERS $13,523.79 9/17/99 WIRE TRANSFER - CREDIT UNION $6,258.74 TOTAL WIRE TRANSFERS OUT $24,916.02 012 2 CITY OF LA QUINTA AUTO MALL BANK ACCOUNT TRANSACTIONS 8/18/99 - 9/16/99 CHECK # 1010 STAMKO DEVELOPMENT TOTAL TRANSACTIONS $95,894.37 $95,894.37 013 3 ACCOUNTS PAYABLE - AP5005 CITY OF LA QUINTA CHECK CHECK NUMBER DATE CHECK REGISTER BANK ID: DEF VENDOR NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 09:50AM 09/29/99 PAGE 1 PAYMENT AMOUNT 38542 09/29/99 &00883 PATRICIA BARBER 145.00 38543 09/29/99 &00887 BIGHORN GOLF CLUB 35.00 38544 09/29/99 &00888 LUIS BUELNA 35.00 38545 09/29/99 &00889 HUMBERTO CARDENAS 35.00 38546 09/29/99 &00890 SABBY JONATHAN 35.00 38547 09/29/99 &00891 DIANE ABDELNOUR 25.00 38548 09/29/99 &00892 ALICIA AGUIRRE-TAPIN 150.00 38549 09/29/99 &00893 JIM DAUGHTRY 75.00 38550 09/29/99 &00894 MICHEL FERRIER 20.00 38551 09/29/99 &00895 GET ALARMED SECURITY 35.00 38552 09/29/99 &00896 CHARLES MECH 10.00 38553 09/29/99 &00897 MANUEL MITRE 35.00 38554 09/29/99 &00898 MICHELE PENN 45.00 38555 09/29/99 &00899 KANA TAMBLYN 25.00 38556 09/29/99 &00900 ALEXIS TVEIT 45.00 38557 09/29/99 &00901 RJT HOMES LLC 2854.74 38558 09/29/99 ACE100 JAIME ACEVEDO 35.00 38559 09/29/99 AER050 AERO LAMINATORS 53.99 38560 09/29/99 ALL100 ALLIANCE SERVICE STATION 598.74 38561 09/29/99 AME005 AMERICAN PLANNING ASSOC 303.00 38562 09/29/99 AME200 AMERIPRIDE UNIFORM SVCS 96.11 38563 09/29/99 ANI030 ANIMAL EMERGENCY CLINIC 390.50 38564 09/29/99 ASCO01 A & S COFFEE SERVICE 436.00 38565 09/29/99 ATC010 ATCO MANUFACTURING CO 560.10 38566 09/29/99 ATT200 AT&T 14.05 38567 09/29/99 AUT030 AUTOMATED TELECOM 8.60 38568 09/29/99 AUT040 AUTOMATIC STOREFRONT 789.90 38569 ** AP CHECK RUN VOID ** 38570 09/29/99 BER150 BERRYMAN & HENIGAR INC 4128.00 38571 09/29/99 BOY075 BOYS & GIRLS CLUB OF 251.47 38572 09/29/99 BUS065 BUSY BEE CERAMICS 48.49 38573 09/29/99 CAD010 CADET UNIFORM SUPPLY 222.40 38574 09/29/99 CAR100 CARDINAL PROMOTIONS 307.20 38575 09/29/99 CAR300 CARQUEST 10.24 38576 09/29/99 CAT100 CATELLUS RESIDENTIAL 76863.61 38577 09/29/99 COA080 COACHELLA VALLEY WATER 365.67 38578 09/29/99 COM015 COMPUTER U LEARNING CENTR 300.00 38579 09/29/99 COM040 COMMERCIAL LIGHTING IND 522.60 38580 09/29/99 COM065 COMMUNITY BLOOD BANK INC 1000.00 38581 09/29/99 CON020 CONTINUING EDUCATION 134.15 38582 09/29/99 CO0100 COOLEY CONSTRUCTION INC 1666.67 38583 09/29/99 COS050 COSTCO BUSINESS DELIVERY 425.85 38584 09/29/99 CROO10 CROWN MEDALS 268.90 38585 09/29/99 DES010 DESERT BUSINESS MACHINES 126.88 38586 09/29/99 DESO40 DESERT JANITOR SERVICE 4403.50 38587 09/29/99 DES060 DESERT SUN PUBLISHING CO 1491.20 38588 09/29/99 DES065 DESERT TEMPS INC 7383.00 014 4 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 09:50AM 09/29/99 CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK NUMBER 38589 38590 38591 38592 38593 38594 38595 38596 38597 38598 38599 38600 38601 38602 38603 38604 38605 38606 38607 38608 38609 38610 38611 38612 38613 38614 38615 38616 38617 38618 38619 38620 38621 38622 38623 38624 38625 38626 38627 38628 38629 38630 38631 38632 38633 38634 38635 38636 38637 CHECK DATE 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 09/29/99 i" DIE050 EAG100 ECO010 EDA105 EVA050 FED010 GCS010 GTE010 GUM050 HIC100 HIN010 HOAO10 HOL030 HOM030 H00050 HOP100 IMPO10 INF020 INL200 JAS100 JET100 JUD010 KEL010 KOR050 KRI100 KUN100 LAQ030 LAS050 MCK010 MOB100 MOU200 MUN040 NAWO10 NIC100 ORA030 PCR100 PER100 PET005 PUT100 RAL050 RAS020 REL100 RIV089 RIV100 RIV101 ROB200 ROS010 RUT050 VENDOR NAME DIETERICH POST EAGLE/HOUSEHOLD BANK FSB ECONO SEWER SERVICES EDA AVIATION DEPT DAVID EVANS & ASSOC INC FEDERAL EXPRESS CORP GCS WESTERN POWER & EQUIP GTE CALIFORNIA BRAD GUMMER JERRIE HICKS HINDERLITER, DE LLAMAS HUGH HOARD INC HOLMES & NARVER INC HOME DEPOT FAYE HOOPER NANCY HOPKINS IMPERIAL IRRIGATION DIST INFORMATION PUBLICATIONS INLAND POWER EQUIPMENT CO JAS PACIFIC JET CORP JUDICIAL DATA SYSTEMS COR KELLY SERVICES INC KORVE ENGINEERING, INC BRUCE KRIBBS CONSTRUCTION MARNI KUNSMAN LA QUINTA CAR WASH LASER TEC McKESSON WATER PRODUCTS MOBILE COMM MOUNT SAN JACINTO WINTER MUNICIPAL TREASURERS ASSC RON NAWROCKI NICKERSON, DIERCKS & ASSC ORANGE COAST TITLE CO PCR PERSONAL TOUCH MOBILE CASH/PETTY CASH JOE PUTRINO GENERAL CONT RALPHS GROCERY CO RASA - ERIC NELSON RELIANT FUND-RAISING RIVERSIDE COUNTY RECORDER RIVERSIDE COUNTY SHERIFFS RIV COUNTY SHERIFF/INDIO SCOTT ROBERTSON ROSENOW SPEVACEK GROUP ** AP CHECK RUN VOID ** RUTAN & TUCKER PAYMENT AMOUNT 179.61 416.13 19593.00 10000.00 12614.26 39.25 111.03 306.80 189.00 129.00 975.00 3244.71 1537.12 509.86 40.08 63.00 19903.19 87.28 175.14 5364.50 138.31 101.52 1915.90 78175.22 4116.00 117.12 50.70 78.00 285.60 114.46 335.70 141.00 1700.00 5196.00 500.00 2437.50 48.00 150.00 7951.30 46.62 4390.00 58.31 20.00 219953.90 1209.11 98.00 24792.84 13708.05 015 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 09:50AM 09/29/99 CITY OF LA QUINTA BANK ID: DEF PAGE 3 CHECK NUMBER CHECK DATE VENDOR NO. NAME PAYMENT AMOUNT 38638 09/29/99 SAN200 SAN DIEGO ROTARY BROOM CO 387.90 38639 09/29/99 SAX100 SAXON ENGINEERING SERVICE 7070.00 38640 09/29/99 SIL050 SILVA'S RADIATOR & AIR 149.89 38641 09/29/99 SMA010 SMART & FINAL 33.97 38642 09/29/99 SMI010 MARILYN SMITH 41.24 38643 09/29/99 SOU004 SOUTH COAST AIR QUALITY 179.10 38644 09/29/99 SOU007 SOUTHWEST NETWORKS, INC 5128.54 38645 09/29/99 SPI010 CRISTAL SPIDELL 25.60 38646 09/29/99 STA050 STAPLES 176.35 38647 09/29/99 SUN075 SUNLINE TRANSIT AGENCY 2220.82 38648 09/29/99 TER100 TERRA NOVA PLANNING & 6954.28 38649 09/29/99 TKDO10 T.K.D. ASSOCIATES INC 2323.87 38650 09/29/99 TOD100 TODDS VALLEY GLASS 226.53 38651 09/29/99 TOP010 TOPS'N BARRICADES INC 337.63 38652 09/29/99 TRIO10 TRI LAKE CONSULTANTS INC 23784.00 38653 09/29/99 TRU010 TRULY NOLEN INC 86.00 38654 09/29/99 UNIO04 UNITED STATES POSTAL SVC 3000.00 38655 09/29/99 USO100 US OFFICE PRODUCTS 620.86 38656 09/29/99 VIC050 JOSEPH L VICELJA 295.71 38657 09/29/99 VIK010 VIKING OFFICE PRODUCTS 51.67 38658 09/29/99 VOG050 CHRIS A VOGT 304.43 38659 09/29/99 VON010 VON'S C/O SAFEWAY INC 7.30 38660 09/29/99 WAL010 WAL MART STORES INC 152.64 38661 09/29/99 XER010 XEROX CORPORATION 1782.80 38662 09/29/99 ZEU010 ZEUS CONSTRUCTION 725.00 CHECK TOTAL 606,183.81 OL6 6 o H N a m 0, z rn rn rn N N N N O W E N N N 01 N O N 01 N m N O1 N O m Ol O a� W pq 01 H al El ElH El F E F H El H H N p O O O O O O O O O O O 0 0 O O O O O O O O O o z (y] [1 z 111 ul ifl 1[1 ul in O O i O a 0 0 0 0 0 o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 vi �n �n vi �n cn vi o vi o Cr M o d' N f'1 t+l rt N w w 0 m r.Cc a w U H U u U U 0 U 0 Om L) a 0 O ul �z7 ul �7 a a ,.� z H H HHo m Ej ul m Ho 7 rn cq u] t~il OH MOE W W offo a [W o off off o o W F f-� H o o w oU u u x w a Ei x o .U-) a ° a w O ❑ a o x O a O x O x O x O o O O O O H a ❑ ❑ S ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ H of z z z z w z z z z z z 0 Cz�y t� Czs� [z�y a P4 CG P4 a W W W H ❑ R'. rl in r1 O .-� In N �11 r m a, r'1 O ❑ O Q1 �!1 l0 O N N r l0 a1 n �'1 s} LLl H ❑ z e-1 d' d' d' d' e-I '-1 r-1 '-I N � d' a W PO a' i O o w E a p 10 10 10 I0 O O O 0 O O ID W p v1 iIl O O O O O 0 0 ILl d' 0 O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 O o O o 0 0 o O U O O O O O O 0 O O O O 0 0 r7 rl z to 5 F w W� w w 0 a O W W F `4 H H [sz77 pp z 7 w E H o w a o w r w H °' a Q H H M W x zww a m a w ❑ U 0 0 m m m m rn rn rn m o a+ m a+ 0 >, m m m m m m m m m m m m 0 U H o 0 0 0 0 0 0 0 0 O 0 O 0 O U H 4 U O W O fa O a O O iL O W O W O ID W a ,roM \ f z l0 ko r 0 m a N r) 01 m in N m r a) o r lO n m ul �n rn m H m N o N y � � n O O w O W N O U u H 4 m N rn E N rn H N rn H N rn E N rn H N m H N o+ E N m H N rn H N rn E fV o+ F O N rn H O� 0 E-I 2 H O O O o r'1 m r't N O CP tD a a i i N O e o rn a o '' 0 0 in rt 0 in tl' o 14 N �n E d' W In aD N W vi N1 ri 1n 0) n 0 00 0 01 C. z m H `a� m `a`� u O E a 0) E a W "� o E F a F E m W w w° ,U+ O W a H 0 a 0 U a 0 0 0 U 0 a 0 0 w a a C� 0 z 0 H a O O 0 Ll a m o w 0 H m u 0 0 a 0 0 x a �a 0 0 a 0 0 U > a a m 0 0 W H U z m w o > z z O W 1-4 > z 5 z w > m m u z 0 w or-3 > z z O > z a w !L > M z CL W > z w > W z m z m w > m z W w o W w w U H (] a O w 01 O O N C) H > H F] � z m N m 0) v m m m r m N r v O m dt m m m T m In 0) b N m H .z e z w .c w w w a � o o w H a w o o 0 0 o o m m lO n V O o 0 10 O o O d' O 10 'a n tD c ul O m m ur z n a n 7 of n a o n rn 10 ON v 1O o. 0 l0 o+ 0 L0 n 0 �D 0 0 n ] U 0 0 O 0 0 O 0 o O 0 O O o o 0 r n o N 0 N o n n n u U U 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O F UUJJ t m m m m U a U 0 Cl) w H z o o z H a m a m z H H w w w W F 0.al �z+ W W > El m W H Pi U ya �C P~4 a waa O N a W 4 a O W u H z ca aW OS' El w `�-+ a H w H a [F�. 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C7 a z z w a' ai z z w w z U H W rz� z z z w a z RC z F w z> m z N m z z m z z w H> 0 w w 0 w w o w w H w w H w w V1 p 7 V) da�yy 7 V) 7 U1 V) V1 7 m 4 z W 0 w O I LL I> W H U) H V1 V] W LL W Pa W W w iU+ O P4 m O r O r d, O 0) N 10 O d' ul co 01 mm m01 0 Q , H �JC+ z d' O ID C) d' O wh m O 0 O r 0 .-� U1 d' N d' l0 O H U/ O n H O '�, F . v O ,..i d' O m M O O C) ID N Q) N 0) co N 0) r N 0) m N O m N O m N O m N O mH N �G a pq w w w x o HO O N O O 01 a• O N r r Ct n 0 �Ll O O O O O O 0 �Ll w (I) z O O O r O O O r O QI m O r O O H O r O O mr'1 O r N O N l0 0) 'D 0 O I[1 O �D ifl 1f/ O 10 �[1 (n O l0 �[t 0) O 0 ID !`l C) w co C) n O r C) N1 O r C) O r ill dl O w O m O w O m O w O m O o C1 O o N �I O U � O O O O U1 O ul O m O O O O O O O O N O O 0\ 10 O N d' 0 N d' H O m O 4\ � CI' O - d' 0 Nl - �P 0 r'1 - d' H O N - d' H O H M 1D 0 0 W ID 0 0 C 0 0 - d' H z z z H z H z H z H z H z H z H z H E z H H z H E z H E p a H a H yH 2 a UWW1 E a WNW E a< U) F U) a U In q UI V1 Q ¢ �Hj i a o a x a o a o a x El U) El Ea H W O m O m O w W H H u�H O u O u O u O u O u w 4 j W a O w w wH ww E z z? zW�7 a Y pp W FW pHpH4� fHaH� aHaE pHaH4 pHFG+ V) p z mV) O o o UlV) O o rj)V) o O O o O FHO O o 0 o O o O o y O Ill OH U) 0H V 0F m 0E W 0 V) rO UJ Or W OH W E oHw ❑ E OHw H 0 El OH O E O O E O E H r1 m H 0 % E 0H aaaH F 0 E 0 E 030 20 1D r m u 111 O N H N N N W m M W ID Il1 N O 0) V' N r 'n u N H 41 ID N 0. m Q z m H H H H H H H \ N \ O, O N If1 W WE. x u H m N 0. m N 0. 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H O off > 0 O Ea O H O 5 O .. O O H O O O O O In O u > H O H > 111 0 u > .� O z > .� O 3 •-� O 3 .� C. 3 P4 031 21 r m m N r-i v z 01 Cl O w H N N N N N N W H H H H H H N O n O O 10 O O N N O O O O El z z r rl N Ni N r N 0 0 m o N m N � r a a Z F o z F z H z F z F z C��+ z u F a z u W W H H W W W DIO O O O 0 HUH O U] O V U O O a w w U o n a 0 .r a n v m m rn o m iD m m d' O O H q z r O1 r pi in Ot r o r O a �Z a � m w m x 0 O w F a �n w 0 0 0 0 0 0 0 0 -+ 2 0 10 0 0 0ID z Z O O O O O O Fy 1 N U U •--� ..+ �--i .-i rC O O O O O O O O O O O O 0 w H H H H H V 0 0 0 0 0 a m aC z O O O O O z0 a a o z �z 114 o 0 0 0 0 0 U H CsaW� a z z z a t U m m 0 m a F z w r a J 032 22 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.*** 38536 09/22/99 AME075 AMERICAN RED CROSS 38537 09/22/99 ARC050 ARCHAEOLOGICAL ADVISORY 38538 09/22/99 EMP040 EMPLOYMENT DEVELOPMENT 38539 09/22/99 EXP100 EXPLORER POST #503 38540 09/22/99 LAQ054 CITY OF LA QUINTA/HOUSING 38541 09/22/99 UNU050 UNUM LIFE INS 3:42PM 09/22/99 PAGE 1 PAYMENT AMOUNT 35.00 500.00 1105.92 6000.00 50000.00 1480.28 CHECK TOTAL 59,121.20 033 23 z rn o+ a a r O O N O O m r+1 E-I O O O1 O O N zp.7 �1 O O O � itl O 10 O H a � O O N O O W ul y O O W O 01 O 0 1 O U o co .-. io o W m F O U2 P m RC [W t [wW� 2 rz� [G E z UU.� U O RG rp7 a a CG gypp] i[p�] �[p�l ip7 W DoE H U H W H F 9 H zz H u H O w H H x 14 O O a a O O O H H a a O 0 S a w Q w Q a Q z Q w Q H W W � > [i1 > , > L1 Q n U y 5 U El v]H W w r O O LLl � w H M 10 H Q z H O 0 O N W H z 0 o Cl0 P a a m w m a o o w H 0 a w O 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 rl N r 1 9 0\ y O r 0) tD l0 1[1 10 l0 O rl r N zN a O O In U) O O N p N N O O U 'i V' rl •-1 N .-� U' y H � W £ z 0 o u1 O WO, H 01 W U H w F x z a a w >. o a a o Ea a i a r u'1 c o in �n O E O H a W W 1% 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.*** 38534 09/21/99 BUI010 BUILDING HORIZONS 38535 09/21/99 DIS100 DISPLAY TECH EXHIBITS CHECK TOTAL 5:OOPM 09/21/99 PAGE 1 PAYMENT AMOUNT 80000.00 4379.00 84,379.00 035 25 rn T • N z H O a c W a H W W �Ci 4 a 0 E o o o O 0 g o RC m 0 0 rn r v 0 0 0 rn � O - m 0 (x C x 0 o O m x 0 n H d O H z W m z I(1 -0H a ° [p�p-I > A a r Hp a H H r a m n q U a ° o � U a o w H O H w o q > H a a ' =) w q a W w q 14 04 w w H z z 4 w a z o E o w a W 0 o o 0 0 0 z m ID �n co =O U U 0 u� V N 0 O H � O U H CQ fC W H 2i a a O x z o x �UW7 H m z o z w 0 s P, o 0 En 036 C U W q P. ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 10:19AM 09/20/99 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK NUMBER CHECK DATE VENDOR NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** PAYMENT AMOUNT 38521 09/20/99 CIR006 CIRCUIT CITY 1750.00 38522 09/20/99 SMO010 DONNALDA SMOLENS 16.00 38523 09/20/99 STA200 ST CONDEMNATION DEP FUND 238800.00 38524 09/20/99 STA201 ST CONDEMNATION DEP FUND 102730.00 38525 09/20/99 STA202 ST CONDEMNATION DEP FUND 44000.00 38526 09/20/99 STA203 ST CONDEMNATION DEP FUND 18150.00 38527 09/20/99 STA204 ST CONDEMNATION DEP FUND 2500.00 38528 09/20/99 STA205 ST CONDEMNATION DEP FUND 131280.00 38529 09/20/99 STA206 ST,CONDEMNATION DEP FUND 33950.00 38530 09/20/99 STA207 ST CONDEMNATION DEP FUND 121600.00 38531 09/20/99 STA208 ST CONDEMNATION DEP FUND 7988.00 38532 09/20/99 STA209 ST CONDEMNATION DEP FUND 23480.00 38533 09/20/99 STA210 ST CONDEMNATION DEP FUND 192880.00 CHECK TOTAL 919,124.00 03 06 m m z E E E E El E E E E a w ElE I 0 o 0 O 0 p 0 p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 Z o ,n r 0 .1 0 0 m 0 ••1 n 0 o o 0 H o 1 m rn o m m m CL Se^J��.... W ..i m rl N N d' m O N O H O O O O N O O w o W In O O ID r+ O O z O O O m m O O w o W w r O O L' o W o w o O W O W In O [, o W O O w o W m O -0 . In D, O w O W O w 0 O O m O m o 01 a w w fY. n W r'1 r] O d' t] •"I d' Nl o rl O r1 17 '-I N v1 r r w W W U RC RC rW] o FC p rn Oi 0 6 O N O rn RC O O 01 V' �D El O a, v to E W E-E p0 co v O p pp a H o Hpp H to Eol \ E O E-I N m F ID H r E El ID ❑ 0 O w H % a w a U OW m a �D O a s w 0 0o a n 0 z a O w a H O u a H O z a W O a s �n O m � r H to Hyy �0.7 �W, 7 A Y > a rn O H O H w H w 0 a O O p O 0 0 0 01 0 0 H O 0 O 0 0 N 0 0 0 0 p O o 0 O H q 0 n O1 0 n N rn N 10 01 N 10 rn N 13 o 0) tD 0 ti V' o of cF In r 1D m 00)1 40 ❑ 4 H xx z y 10 r l0 r r r r r LD 1D r r a .c w w a 0 H o w O 0 O O O O O O a W ul .a N O Ol 0 O Ill O O O In O O tll O O Ill O 0 O O 1(1 O O LLl O O I[l O O Ill Ol O O Ill Ol y zO a O N '-I O 0 O l0 N O N o W m m 0lD Ol W m m Ol 10 m m W 01 lO co m lD Ol lD co m lD 01 m OD co lD 01 lO Go co 1D Ol 10 co m lD ID co CD l0 lD OD co lD U O O O r-I O H O a H O 0 0 0 H O H O O y❑= ❑ ❑ C1 eG G1 Q q W W r O Pa w of w W q D+ O 04 O P+ O W O DW w W O W ❑ z w z 0 z 0 z 0 z 0 z 0 z 0 z 0 z 0 H z 0 H z 0 H I.j OR H H H H M Hw�yy H Qi O 14 W z H F H 6 ❑ W ❑ Z W ❑ z w ❑ z w ❑ z w ❑ z W ❑ z W C] z w ❑ z 0 W ❑ z 0 W ❑ z 0 a u z o u 0 u 0 u 0 u 0 u 0 u 0 u u u u 04 a q z la -I U O ❑ H V] H V1 H V1 F UJ F V] H V] H m H m F V7 F V1 m[y `L O 10 O O N 0 a O 0 tD O r O co 0 0 038 0 O H C. z p H 0 N H p N H N H N F N H N E+ N � H N a H N � H �C U U V7 VI V) U1 W m rn in U1 rn to 28 ~ °z rn rn \ 0 F a 0 0 0 o o 0 H o 00 N � N O o rn 0 0 o m 0 7 W �r N O o C m F m \ N O r 0 o F o z N H a z H w ° o a a a a z z w z U o 0 o w W H H Q a H o a w > N w Rl C] r n rH 1C FIC a w w a p� o W E a w o o o z ID z o o 0 U U '-I Z 5 W a 0 0 0 n z o� O H a w F a rz, o 5 z a RC o 0 a n H m z � z ° N 039 U P E Q U V] 29 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.*** 38514 09/17/99 CAL050 STATE OF CALIFORNIA 38515 09/17/99 COA080 COACHELLA VALLEY WATER 38516 09/17/99 INT005 INTERNAL REVENUE SVC-ACS 38517 09/17/99 LAQ050 LA QUINTA CITY EMPLOYEES 38518 09/17/99 RIV040 RIV CNTY DISTRICT ATTORNY 38519 09/17/99 SUP100 SUPPORT PAYMENT CLEARING- 38520 09/17/99 UNIO05 UNITED WAY OF THE DESERT CHECK TOTAL 2:52PM 09/17/99 PAGE 1 PAYMENT AMOUNT 25.00 13899.22 200.00 364.00 426.50 150.00 152.00 15,216.72 040 30 . z Ol O H -a) MCI) rno rn m rn W H rn w w H E E H El E. H H m o m O O o O o 0 H O pi c} O O O in O O Z E cF O O 1p ID t0 N O tll N �l'1 N �"I w m m N (30 11l �l1 ill a �+ p N O O O O O O N O O ul O O tll Ol w V] O O ❑ �D a O N N a, 0 ❑ ID ' m VI m m N m .'� v D) H Q m Q 5 N 5 W m m In ca to yHy �WW F"/ U H H E oo oo p pp po pO U E H U U V U 1N 4i la YI H N H a .) a >>>> m P .) m +1 a 4-3 m a +1 a O H m O co w m m O m m O In O m O O m O H u o z m m a a z o o z A W z Q `z o � z7 o z W m> H E F H> m m> m> m >m> m m Q a 3 3 3 3 a s a a a a W w H ❑ m cl1 V1 V] � > WW O O O O H H H H H ❑ H z Q Q Q Q Q z a Q w W w m 0 o o w H a^ O O N ul O O O O O O W O O !+l ID l0 O O O O O O (fa O O lD l0 l0 O O O O O O £� H .-1 H e-I H H H f•l .-1 .-1 Ill N rl ( N N N N N N N l0 ID l0 w �p lD N N N N N N [y O O O O O O O O ill 1l1 ill ul O O O O O O O O O O O O U Q O O O O O O O O O O O N U) U J) U W z z a > Oqa Q rl Q H 3 3 3 3 m >ul ca U H o O w w w w > W W H H xW x a U o Q U m m ❑ Q > W E Q Q Q Q Q a Q o a z z x z 7d �d a u o w wEl o a a a a > a Q 0 0 Qa Q to z m o o H H 1 w 041 O O O O O Ill tl1 O O O t[1 5 O ill m m m m O O 0 V' O O U H p ¢ 4 4 Hp H O a 9 a U H O O O O Q H ' z Q U U U U U U V7 � 31 A/P - AP6002 CHECKS TO BE VOIDED 1:17PM 09/22/99 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME 38362 DEF 09/13/99 150.00 &00883 PATRICIA BARBER TOTAL VOIDED 150.00 INVOICE DESCRIPTION REFUND COMPUTER CLASS 042 32 A/P - AP6002 CHECKS TO BE VOIDED 1:19PM 09/22/99 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME INVOICE - DESCRIPTION 38376 DEF 06/25/99 2000.00 ARC050 ARCHAEOLOGICAL ADVISORY ARCHAEOLOGICAL ASSESSMENT 38376 DEF 08/23/99 500.00 ARC050 ARCHAEOLOGICAL ADVISORY ARCHAEOLOGICAL ASSESSMENT TOTAL VOIDED 2,500.00 043 33 Tiht 4 ZP Q" COUNCIL/RDA MEETING DATE: October 5, 1999 ITEM TITLE: Approval of a Tri-Party Agreement for Maintenance of Traffic Signal and Safety Lighting between Riverside County, the City of Palm Desert and the City of La Quinta AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a tri-party "Agreement for Maintenance of Traffic Signal and Safety Lighting" between Riverside County, the City of Palm Desert and the City of La Quinta. The intersection of Fred Waring Drive and Washington Street is jointly owned by Riverside County (25%), Palm Desert (25%) and La Quinta (50%). Riverside County is the lead agency for this intersection, and currently bills the City of La Quinta for its portion of maintenance and electricity. The City currently pays an annual Service Level Billing fee of $2,664, adjusted at the end of the fiscal year for actual costs. Approval of this contract will not change the City's maintenance and electrical costs. None. The traffic signal at Fred Waring Drive and Washington Street has been maintained by Riverside County Traffic Signal Maintenance since the signal activation on December 28, 1988. The initial intersection ownership was Riverside County 75% and La Quinta 25%. Since that time, the City of Palm Desert has annexed 25%, the City of La Quinta has annexed another quadrant for a total of 50%, while Riverside County's portion has been reduced to 25%. The City of La Quinta has been paying its portion of maintenance and electricity costs, as billed by the County. Since the City of Palm Desert now owns 25% of this intersection, a tri-party agreement between all three agencies is required. The attached Agreement (Attachment 1) has been reviewed by attorneys from all three agencies and has been approved by the Palm Desert City Council. z. T AMDEPT\COU NCIL\ 1999\991005b. W PD The alternatives available to the City Council include: 1. Approve a tri-party "Agreement for Maintenance of Traffic Signal and Safety Lighting" between Riverside County, the City of Palm Desert and the City of La Quinta; or 2. Do not approve a tri-party "Agreement for Maintenance of Traffic Signal and Safety Lighting;" or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vog Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Agreement for Maintenance of Traffic Signals and Safety Lighting 045 �0 TAMD EPT\COUNCI U 1999\991005b. W PD �A 1 2 3 4 5 6' 7. 8 9 10 11 12 13 14 15 16 17 181 19 20 21 22 23 24 25 26 27 28 ATTACHMENT 1 AGREEMENT FOR MAINTENANCE OF TRAFFIC SIGNALS AND SAFETY LIGHTING This AGREEMENT is entered into by and among the County of Riverside, referred to herein as COUNTY, and the City of La Quinta, referred to herein as LA QUINTA, and the City of Palm Desert, referred to herein as PALM DESERT, said cities being collectively referred to herein as CITIES: This AGREEMENT is for maintenance work provided by the County Transportation Department on traffic signal and highway safety lighting installations jointly -owned by CITIES and COUNTY at the location(s) shown on the attached Appendix. IT IS AGREED: 1. COUNTY, through its Transportation and Land Management .Agency, Transportation Department, will provide routine maintenance work and emergency call -out service on traffic signals, highway safety lighting, flashing beacons, and other electrically operated traffic control or warning devices. located partly within the boundaries of CITIES and partly within the boundaries of COUNTY. In providing said maintenance COUNTY shall do the following: Inspect the signal system and clean the control cabinet every six - 6) weeks; re -lamp and clean -signal Beads every two (21 years; re=lamp and clean luminaires every five (5) years. 2. CITIES shall pay COUNTY that percentage for each location of the total costs of electrical energy, routine maintenance and emergency service, including all COUNTY costs for wages, benefits, transportation, materials, and admini- strative accounting, as stipulated in the attached Appendix, as the percentage of CITIES location ownership. COUNTY shall be responsible for that percentage of the total of the aforementioned costs for each locatom Ot�4 Contract No. C16200 1 2 3 4 5 6' 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 as stipulated in the Appendix, as the percentage of COUNTY's location ownership. 3. Records for the work provided under this Agreement shall be kept by COUNTY and shall include the cost of all services performed. Billing shall be made quarterly and shall include an annual itemized accounting of all costs and services. 4. CITIES shall submit in writing any dispute in COUNTY billing within thirty (30) working days after receipt of such billing. Otherwise, CITIES shall pay for services within thirty (30) days after receipt of billing from COUNTY. 5. This Agreement shall become effective thirty (30) days from the date this Agreement is approved by resolution by COUNTY Board of Supervisors. COUNTY will provide CITIES notice of the official Board action no later than two (2) weeks before the effective date. This Agreement shall remain in force until terminated by any of the parties upon thirty (30) days written notice to the other parties. 6. If COUNTY is of the opinion that any work COUNTY has been directed to perform is beyond the scope of this Agreement and constitutes Extra Work, COUNTY shall promptly notify CITIES of that opinion. COUNTY shall be the sole judge as to whether or not such work is in fact beyond the scope of this Agreement and constitutes Extra Work. However, for purposes of COUNTY proceeding to perform same, this is not intended to deny CITIES their civil legal remedies in the event of a dispute. In the event that CITIES agrees that such work does indeed constitute Extra Work and authorizes COUNTY to perform the Extra Work, they shall provide extra compensation to COUNTY upon a fair and equitable basis in accordance with COUNTY's standard rate. 7. Upon and subject to further agreement of the parties acknowledged in writing by COUNTY's Director of Transportation, and CITIES Directors of Public Works, facilities of like nature may be added hereto or deleted herefrom without further review by either the Board of Supervisors of COUNTY or the 047 005 Contract No. C16200 1 City Councils of CITIES. 2 8. CITIES, and each of them, shall indemnify, defend, save and hold harmless 3 COUNTY, its officers, agents, servants and employees of and from any and 4 all liability, claims, demands, debts, damages, suits, actions and causes of 5 action of whatsoever kind, nature or sort, including, but not by way of 6 limitation, wrongful death, personal injury or damage to property, the 7 expenses of the defense of said parties and the payment of attorneys' fees 8 in any such claim or action, arising out of or in any manner connected with 9 activities of CITIES or CITIES employees. 10 COUNTY shall indemnify, defend, save and hold harmless CITIES, their 11 officers, agents, servants and employees of and from any and all liability, 12 claims, demands, debts, damages, suits, actions and causes of action of 13 whatsoever kind, nature, or sort, including, but not by way of limitation, 14 wrongful death, personal injury or damage to property, the expenses of the 15 defense of said parties and the payment of attorneys' fees in any such claim 16 or action, arising out of or in any manner connected with services in the 17 furnishing of goods and materials by COUNTY hereunder. 18 9. This Agreement contains the entire Agreement of the parties with respect to 19 the subject matter hereof, and supersedes all prior negotiations, 20 understandings or agreements pertaining to the locations stipulated in the 21 attached Appendix. This Agreement may only be modified in writing, signed 22 -by each party. 23 24 25 26 27 28 048 006 Contract No. C16200 1 2 3 5 6 7 8 9 10 11 121 13 14 15 16 17 18 19 20 21 22 23 WEM:Dkt: 25 26 27 28 10. Notice. Any notice required or permitted to be sent to each party shall be sent by regular mail, addressed as follows: County of Riverside CITY OF LA QUINTA City of Palm Desert Transportation & Land 78-495 Calle Tampico 73-510 Fred Waring Dr. Management Agency La Quinta, CA 92253 Palm Desert CA 92260 Transportation Dept. P.O. Box 1090 Attn: City Manager Attn: City Manager Riverside, CA 92502 Attn: David E. Barnhart, Director of Transportation IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on , 19— COUNTY OF RIVERSIDE CITY OF LA QUINTA CITY OF PALM DESERT By: By: Chairman, Mayor Board of Supervisors Attest: Gerald A. Maloney, Attest: Clerk of the Board By: Deputy Clerk of the Board Approve as to form: By. William Katzenstein, County Counsel RECOMMENDED FOR APPROVAL: By: City Clerk Approved as to form By: City Attorney's Office APPROVED AS TO CONTENT: Bv: David E. Barnhart, City Engineer Director of Transportation Wl�ayjo�r 7 -4f- Attact. Approve as to fo By: City orney's Office APPROVED AS TO CON T: r ' By: �-'� City Engiov 049 007 Contract No. C16200 APPENDIX MAINTENANCE AGREEMENT FOR TRAFFIC SIGNAL AND HIGHWAY SAFETY LIGHTING INSTALLATIONS OWNED AMONG THE CITY OF LA QUINTA, THE CITY OF PALM DESERT AND THE COUNTY OF RIVERSIDE MAINTAINED BY THE COUNTY OF RIVERSIDE April 1999 1113 2208 Fred Waring Drive & Washington Street 50% La Quinta 25% Palm Desert 25% County U,50 008 T4ht 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: October 5, 1999 CONSENT CALENDAR: ITEM TITLE: Approval to Award a Professional STUDY SESSION: Services Contract to the Firm of David Evans and Associates to Provide Design Services for the Cove PUBLIC HEARING: Oasis/Lake Cahuilla Trail Head Project Authorize the City Manager to execute a Professional Services Agreement with the firm of David Evans and Associates, for a fixed not to exceed fee in the amount of $55,380.00, plus a budget amount of $4,750 for reimbursable expenses, to provide design services for the Cove Oasis/Lake Cahuilla Trail Head Project. This project is identified in the 1998/99 Capital Improvement Program. Anticipated funds have been budgeted as follows: Project Area No. 1 TOTAL $ 200,000.00 $ 200,000.00 As indicated, sufficient funding is available to support the recommendation. 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. On May 19, 1998, the City Council adopted the FY 1998/99 through FY 2002/03 Capital Improvement Program (CIP). Improvements to the Cove Oasis/Lake Cahuilla Trail are identified to receive funding during FY 1998/99. According to the CIP, this project includes the development of the Cove Oasis Area (south of Tecate) as a future park, and the installation of trail head improvements. 051 T:\PW D EPT\COUNCIL\ 1999\991005d. wpd On May 4, 1999, the City Council authorized staff to prepare and distribute a Request for Proposal for the design of the Cove Oasis/Lake Cahuilla Trail Head Improvements and appointed the following members to serve on the Consultant Selection Committee: Mayor Pro Tem Terry Henderson Council Member Stanley Sniff Chris A. Vogt, P.E., Public Works Director/City Engineer Sidona Horvitz, Community Services Director Jerry Herman, Community Development Director John M. Freeland, Senior Engineer, Public Works Department On August 12, 1999, the Consultant Selection Committee issued the a request for proposal (RFP) (Attachment 1) to the following shortlisted firms: Ray Lopez and Associates David Evans and Associates T.K.D. Associates, Inc. Ronald Gregory Associates, Inc. Community Works Design On August 27, 1999, three proposals were received from: David Evans and Associates T.K.D. Associates, Inc. Community Works Design On September 14, 1999, the Consultant Selection Committee met and ranked the proposals in the following order: 1. David Evans and Associates 2. Community Works Design 3. T.K.D. Associates, Inc. In addition, the Consultant Selection Committee directed Public Works staff to begin the negotiation process with David Evans and Associates. Following considerable discussion and negotiation, David Evans and Associates agreed to provide the desired professional engineering services necessary to design the. Cove Oasis/La Cahuilla Trail Head improvement project for a fixed fee not to exceed $55,380.00, plus a budget in the amount of $4,750 for reimbursable expenses. A copy of the proposed professional services agreement (PSA) which includes the consultant's scope of work, project schedule and fee is enclosed as Attachment 2. 052 002 TAMDEMCOUNCIL\ 1999\991005d.wpd The alternatives available to the City Council include: 1. Authorize the City Manager to execute a Professional Services Agreement with the firm of David Evans and Associates, for a fixed not to exceed fee in the amount of $55,380.00, plus a budget amount of $4,750 for reimbursable expenses, to provide design services for the Cove Oasis/Lake Cahuilla Trail Head Project; or 4. Do not authorize the City Manager to execute a Professional Services Agreement with the firm of David Evans and Associates, for a fixed not to exceed fee in the amount of $55,380.00, plus a budget amount of $4,750 for reimbursable expenses, to provide design services for the Cove Oasis/Lake Cahuilla Trail Head Project; 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 Proposal (RFP) 2. Professional Services Agreement 053 003 T APW DEPT\COUNCIL\ 1999\991005d. wpd ATTACHMENT 1 CITY OF LA QUINTA is REQUEST FOR PROPOSAL PROFESSIONAL ENGINEERING AND DESIGN SERVICES COVE OASIS/LAKE CAHUILLA TRAIL The City of La Quinta requests proposals from qualified professional engineering consultants to prepare plans, specifications, and estimates (PS&E), and contract bid documents for the Cove Oasis Lake Cahuilla Trail Improvements. Generally, the project shall be prepared with the following components. The project location map and conceptual exhibit are attached. • Freestanding benches designed using natural rock for seats and supports • Drinking fountain including side spigot for filling canteens; both with automatic shut -offs • Shade structures shall be lattice type (1 " gap) planted with large (48" box specimen) trees designed to eventually provide a natural canopy over, or in conjunction with, the lattice work; several shade structures to be incorporated into design (e.g. 3-4 spread throughout grove and by small rocky outcropping southwest of grove; install information panels at the oasis near the small rocky outcropping; panels to include: information on need for hikers to take water; mounted trail map; thermometer, history of area, oasis, natural history, wildlife, etc.; compass panel with mileage to areas such as Mexico, the ocean, etc. (i.e. a locational • compass). • Several tables under shade structures (2 standard size picnic table/benches and 1 large banquet style picnictable/bench • Develop a trail detour through the oasis leading to the area; surface to be dirt, lined with rocks from area • Coordinate design of project so it does not negatively impact any future golf course in area • Cellular operated Call Box (emergency phone with direct link to 91 1) • Design trash can holders of natural stone • Bathrooms (perhaps coed, self cleaning, naturally lighted - should fit natural setting) • Plant identification tags using "Quail" sign holders • Trail signs shall incorporate natural rock in area .as opposed to a metal stake sign and shall be two way directional signs (i.e. hikers may come from other areas than Calle Tecate entrance and will want to know distance to trail head, etc.) • Pressure tank for water needs and new water line for drinking water • Spray head to cool off (similar to spray towers at Fritz Burns Park) • Run electric for outlets at oasis (contemplated for various things including evening events); investigate solar lighting • Dirt -surfaced parking lot at gated roadway entrance on Calle Tecate TAP W DEPT\PROJECTS\98Prjccs\9818C0 V EOASIS\RPP.wpd -1- 054 005 • Trail head sign (using rocks) at Calle Tecate parking lot entrance • Water feature to engender a feeling of an "oasis"; not necessarily drinking water for wildlife, but a rocky, trickling water fountain • Develop area as natural as possible, but have it be functional • Should address American Disability Act requirements Services Requested Services and products to be rendered in performing all work associated with project development may include, but may not be limited to: • Perform project management and schedule maintenance; • Prepare and process any necessary and appropriate environmental document to obtain CEQA Clearance; • Perform appropriate environmental and engineering related field surveys, and base map preparation; • Perform utility coordination and obtain clearances; • Perform coordination with local, regional, State and/or Federal agencies as necessary; • Prepare contract documents, bid documents, special provisions and engineers estimates of probable construction costs; • Prepare staff reports as necessary to relevant City Commissions and City • Council Project Development Process Generally, the project development process will be as follows: 1. Project Kick-off A. Initial meeting between the consultant and City staff to identify project design constraints and objectives, and review previously approved concept plans. B. Consultant will prepare preliminary concept drawings as outlined in the project descriptions and present to staff for review and comment. C. Based upon input received from staff, consultant will revise the improvement plans and concept plans for approval by staff. D. Consultant shall prepare initial study and recommend appropriate environmental document. Consultant shall prepare and processes the environmental document. � 055 T:\P WDEPT\PROIECTS\98Pdcts\9818CO V EOASIS\RFP.wpd 006 -2- • 2. Agency Approval A. Consultant will submit improvement plan, concept plans, environmental documents and/or other necessary documents to City to obtain approval. B. Based upon comments received from the City, consultant will revise the preliminary Plans, Specifications, and Estimates (PS&E) and environmental document and resubmit. C. Staff approved environmental document and PS&E will be submitted to the La Quinta City Council for review and Comment. Consultant will be expected to prepare any necessary supporting documentation. D. Based upon comments received from the City Council, consultant may be required to make additional corrections to the environmental document and Plans, Specifications, and Estimates (PS&E). E. All approved plans will be provided to the City on compact disk in AutoCAD 12 format, as well as on "D" size Mylar and on 11 "X 17" bond format. The environmental document, project specification documents, including technical specifications, will be provided on 3 %" disks in Word Perfect 7.0 for Windows • format. The Engineer's estimate will be provided in Quattro Pro 7.0 for Windows format. 3. Bidding Phase The consultant will be expected to provide assistance in preparing the necessary documents and coordinate advertisement of the project for bid. Technical support during the bidding and award process will also be required. 4. Proposal Format Proposals (work proposal and cost proposal) are to be submitted in separate envelopes 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 August 27,1999. 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 T:\PWDEPnPROMCTS\98Pdcu\9818COVEOASIS\UP.%,o 056 007 -3- • Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items: 1. Work Proposal (envelope 1) - submit 4 copies A. Cover Letter (1) The name, address and phone number of the consultant's contact person for the remainder of the selection process. (2) Any qualifying statements or comments regarding the consultant's proposal, the information provided in the RFP or the proposed contract. (3) Identification of sub -consultants and their responsibilities. B. Statement of Qualifications (1) A listing of proposed project personnel, including personal experiences and individual resumes for prime and 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 provided. E. Project Schedule A comprehensive Critical Path Method (CPM) schedule is to be submitted describing the nature and scheduling of proposed tasks and reflecting September 15, 1999 as the start date. The La Quinta City Council meets the Vt and 3`d Tuesday of each month. The project schedule should include all approvals expected during the project period. 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. T:\PWDEPnPROIECTS\98Ppcts\9618COVE0ASIS\RFP.wpd 057 008 -4- • 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 -rated firms, but will not expect or schedule time for elaborate presentations. Cost proposals will be opened only after the ranking process is complete. The City will open contact negotiations with the top ranked firm. The successful consultant will be expected to enter into the attached Professional Services Agreement. • 0 T:\PWDEPIVROJECTS\98Prjcts\9818COVEOASIS\RFP.wpd 058 009 -5- CITY OF LA QUINTA • REQUEST FOR PROPOSAL PROFESSIONAL ENGINEERING AND DESIGN SERVICES COVE OASIS/LAKE CAHUILLA TRAIL COST PROPOSAL SHEET L� The following is a summary of costs to provide the services outlined in the Request for Proposals for Professional Engineering and Design Services for Cove Oasis/Lake Cahuilla Trail Improvements and will be used as the basis for negotiating a Professional Services Agreement: Preparation and processing of the Environmental Document Preparation of the Plans, Specifications, and Estimates TOTAL LUMP SUM FIXED FEE: $ Prime Consultant Date Signed T:\PWDEPT\PROJECTS\98Pdcts\9818COVEOASIS\RFP.wpd 059 -6- 010 aid .■ i P_ s low j" Ppy a 1641 "4 + f i Rwn WNW- � Z, ,t. �.� 5 (a .�,ram �` ut MW AM �� a it —Alaii ppyy d� !i : s ?i� fiS`O ' 1� .d . � py S ;—Was "q r- §` ` s t k yes,k'- a <v MAINN "g kg ep r s i" lot , ass It11 3^; t t' Y c SsP,h^-'s.gY-T"'I"AT WWI 1 Tin 10 4 4 O'v t n "OpWa�.' r A y IMP L / Y y f - s. r CONCEPTUAL EXHIBIT �8� ATTACHMENT 2 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: TJW4W@J WK610 A 0 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to COVE OASIS/LAKE CAHUILLA TRAIL HEAD IMPROVEMENT 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. 062 T:\PWDEPT\PROJECTS\98Prjcts\9818COVEOASIS\DEAPSA.vgA Page 1 of 8 013 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.1 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 FIFTY-FIVE THOUSAND THREE HUNDRED EIGHTY Dollars ($55,380.00) (the "Contract Sum"), plus a budget amount of FOUR THOUSAND SEVEN HUNDRED FIFTY Dollars ($4,750.00) (Reimbursable Expenses), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation shall include a lump sum fixed fee payment upon completion. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 ►method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in .accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.1 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. 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. 063 T:\PWDEPT\PROJECTS\98Prjcts\9818COVEOASIS\DEAPSA.wpd Page 2 of 8 014 • ••T;0 01 F—Al I IW\go] •I► 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., Vice President 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. • ► :e► ►• ►A► _ •► _►all -IS] OHM 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 O c A T:\PWDEPT\PROJECTS\98Prjcts\9818COVEOASIS\DEAPSA.wpd Page 3 of 8 015 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 Less than $50,000 Personal Injury/Property Damage Coverage $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. 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. 0 c 5 T:\PWDEPT\PROJECTS\98Prjcts\9818COVEOASIS\DEAPSA.%pd Page 4 of 8 016 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 Semis. 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 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. M•• T:\PWDEPT\PROJECTS\98Prjcts\9818COVEOASIS\DEAPSA.wpd Page 5 of 8 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, 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. Q Ei7 T:\PWDEPT\PROJECTS\98Prjcts\9818COVEOASIS\DEAPSA.wN Page 6 of 8 018 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. 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: 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 T:\PWDEPT\PROJECTS\98Prjcts\9818COVEOASIS\DEAPSA.wN Page 7 of 8 0119 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. 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: Regenia Hensley, Deputy 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: Im T:\PWDEPT\PROJECTS\98Prjcts\9818COVEOASIS\DEAPSA.wpd Page 8 of 8 ,` 2 0 Exhibit A Scope of Services David Evans and Associates scope of services, dated August 27, 1999, is attached and made a part of this agreement. 070 p71 n Section B: Project Understanding and Approach Several years ago, DEA was involved in the. master planning efforts of Indian Canyons Park in Palm Springs. Our design services were being provided to the Agua Caliente Band of Cahuilla Indians. This exposure to the concerns of these native people, helped immensely in understanding the importance of culture, history, and tradition in their society. Along with the experience of the DEA staff working in the desert communities, we feel strongly qualified to assist the City of La Quinta in achieving the goals set forth in the Request for Proposal. i; After visiting the project site, walking the majority of the trail system identified on the conceptual plan, and photographing various aspects of the "use" areas, we feel strongly that the following project approach will serve as a successful tool in implementing the design. DEA will begin with our task of data gathering which will include, but not be limited ' to, acquiring street improvement plans, adjacent trail plans, golf course master planning documents, staff reports and conceptual exhibits, general plan information, utility data, communication options, soils data, and literature of local history. We ' will begin our topographic survey which will be "flown" only after the existing trail system has been "marked" with visual targets in order for the design team to make ' proper suggestions for the final placement of the trail with respect to the overall design intent. We will provide a conceptual design which shall include trail placement, width and edge treatment; sketches for the trellis seating areas and proposed signage; cut sheets for more standardized site furnishings such as picnic tables and spray towers; research on solar lighting, water pressure and availability requirements; data ' regarding cellular operated call boxes; and design sketches for trash can holders, boulder seating, and entry water features. DEA will determine the criteria for ADA concerns for access to the trail, restroom facility and picnic areas. Proper research and coordination between agencies will be essential at the start of the project. We will also determine the available construction budget to determine if phasing will be necessary or desired. Integration between this project, the adjacent ' trail, and the proposed golf course will be fundamental to determine our long-term goals. ' Our environmental and architectural staff will assist with CEQA clearance and research / design for the proposed restroom facility respectively. Our landscape architects and graphic designers will meet with sign designers to make ' recommendations for materials, costs, placement and integration into the overall design. Our engineers will assist our team,with grading and drainage concerns, parking lot layout, utility coordination and planning for the restroom and drinking ' fountains. Lastly, our subconsultant (Dream Engineering) will work closely with our team of designers to make recommendations regarding lighting and solar capabilities for the site. ' The majority of our effort will occur in the research / data collection and preliminary design tasks. Upon review of this information with staff and the community, DEA 022 ' will proceed with final working drawings based upon the tasks noted in our scope of services. 1 H 1 We believe that our knowledge of the desert, local agency experience, and previous / on -going trail design expertise, will provide the city of La Quinta with the assurance of a unique and successful public space and trail planning project. 013 0 3 1 Section C: Scope of Services I. F� 1 3. 1 Preliminary Design Start Up Meeting DEA will conduct an initial meeting with City staff to discuss the trail project issues. This meeting shall serve as an opportunity to acquire all relative input about the project. DEA would request that the City provide any and all existing plans including street improvement plans, site plans, and any other pertinent data deemed necessary. This meeting shall also provide a review of the scope of services, objectives, design, maintenance, construction scheduling, and budget. Deliverables: Initial meeting. 2. Topographic Map DEA will provide a digital aerial topographic map of the project site in order to provide the design team with the necessary site features and topography. Additional field data will supplement this information with respect to the trail layout. DEA survey crews will prepare a 1"=40' topographic map of the trail site. Deliverables: Topographic data for the preparation of base maps. Preparation of Base Maps DEA will utilize three sources of information to prepare the base maps. These will include the digital aerial topographic map, existing street improvement plans, and supplemental survey data gathered by DEA. Base maps will be prepared at an appropriate scale and will include the trail alignment, proposed parking area, structures, and site furnishings identified in the proposal. Deliverables: Project base maps at an appropriate scale to fully depict the intent of the overall design. 4. Conceptual Design The DEA team will provide an illustrative conceptual design of the project area that shall include trail layout, boulder seating areas, shade shelters, information panels, signage, picnic tables, call boxes, a restroom, plant ID tags, pressure tank, spray heads, lighting, a dirt parking lot, trail head, and a custom water feature. These elements will be shown in plan view in addition to sketches/vignettes of proposed custom elements. This task also includes the preparation of text and graphics for signage as well as a preliminary cost estimate and phasing plan (if deemed necessary). This information will be presented to staff for review and comment. Deliverables: Illustrative plan view ofproject area in addition to sketches and Q1 4 sections of proposed site features. 0 2 S. Revised Conceptual Plan As indicated in Item B — Project Kick -Off of the RFP, DEA shall revise the conceptual site plan and sketches based upon initial input from staff. The revised plans and associated data shall then be submitted for approval from staff. Deliverables: Revised, colored plan view and sketches of conceptual design. 6. Preparation of an Initial Study Environmental Initial Study. Our proposal assumes that DEA will need to complete an Initial Study in accordance with CEQA Guidelines Section 15063 and using a format acceptable to the City staff. In order to achieve the objective of a ND determination, the initial study must necessarily be extensive and ' thorough. Each of the topics identified on the environmental assessment form contained in the State CEQA Guidelines will be analyzed to document the nature and extent of any potential environmental consequences and the need for ' mitigation. The specific purpose of the analysis will be to identify all potential. adverse environmental impacts and, if significant environmental impacts could result from project implementation, incorporate mitigation measures to reduce or eliminate the adverse consequences. Negative (Mitinated) Declaration Preparation. Following completion of the technical studies and data collection, DEA will prepare a preliminary screencheck ' Draft ND (or MND) in accordance with State guidelines and with procedures adopted by the SAN JOSE UNIFIED CITY STAFF in compliance with CEQA. The ND (or MND) will be prepared in a format acceptable to the City staff and will include the following sections: • Introduction. This section will introduce the ND (or MND), describe the purpose of the Environmental Initial Study and determination for preparation of the ND (or MND) and will provide a brief summary the findings of the Initial Study. ' • Environmental Setting. The Environmental Setting will describe existing physical setting and characteristics of the project site, as well as the setting and character of the surrounding area. Additionally, any planning documents (such as General Plan land use designations and underlying zones) or policies with relevancy to the project site and ' proposed project will also be presented and described. • Project Description. The Project Description will provide a detailed, yet concise, description of the proposed project. • EnvironmentalAnalysis. This section will provide an expanded discussion of environmental issues as presented in the Environmental Initial Study checklist. Each checklist question will be presented along with a response. If technical data and studies are available to support the discussion of a particular issue area, this information will be carefully r presented in summary format in this section. A statement will be Q J provided to clearly support the checklist response to each question. ' U`'5 • Mandatory Findings of Significance. Similar to the discussion in the Environmental Analysis section, a response will be presented for each of the Mandatory Findings of Significance questions. ' • Appendices. We can include the Environmental Initial Study (completed as part of Phase 2, above) as an appendix to the ND (or MND) or include it in the Environmental Analysis section in an expanded format. Additionally, any technical studies can be included as an appendix to the ND (or MND) or placed on file with the City staff offices. Once the Preliminary Screencheck Initial Study/ND (or MND) is complete, it will be presented to City staff for review and comment. This task will ensure that the information which we have presented in the ND (or MND) relative to the ' project actions and description is accurate and that the ND (or MND) reflects any modifications to the project which may have occurred during the time the preliminary Draft ND (or MND) was being prepared. Mitigation, Monitoring Reporting Program. Since January 1, 1989, lead and agencies have been required by AB 3180 (PRC 21081.6) to provide monitoring and reporting to ensure implementation of mitigation measures as part of specific ' project approvals. Staff at DEA are experienced in preparing practical, easily implemented mitigation monitoring plans for a wide range of mitigation ' requirements including revegetation plans, noise and traffic mitigation, paleontology and cultural resources, and public services phasing and financing plans. Monitoring is linked to specific stages of project development, such as the grading permit, building permit, and/or certificate of occupancy, to ensure that all ' mitigation measures are implemented. If an MND is prepared for the project, DEA will prepare a Mitigation Monitoring and Reporting Program based upon the results of the technical studies and coordination with City staff. Response to Letters of Comment. Upon completion of agency and public review within the prescribed time limits (generally 20 days), DEA will be discuss with City staff letters of comment receive during the public review period and an ' approach to the responses will be agreed upon prior to preparation of the draft responses. Draft responses to comments will be submitted to City staff for review. DEA will then revise responses in accordance with staff s directions and ' will prepare the document for final distribution. ' It is important to note that the budget identified in this proposal reflects a limited amount of responses to public comments. This budget may be revised if, after a thorough review of all comments received on the Draft ND (or MND), it is determined that it is inadequate to respond to all of the comments received on the Draft ND (or MND). Conversely, if no letters of comment are received, the costs associated with this task will not be charged to the project and our budget will be adjusted accordingly. Preparation of Final Environmental Documentation. Following review and approval of the responses to letters of comment and any changes to the text of the ' document, DEA will prepare a Final ND (or MND) for review by City staff. Upon approval of the Final ND (or MND), DEA will prepare copies of the Final O� O Uir6 I ' ND (or MND) for use by the decision makers during the public hearing stages. The Final ND (or MND) will include necessary agreed upon revisions requested by City staff or as a result of the Public Review process, letters of comment and responses, and the Mitigation Monitoring and Reporting Program. Deliverables: Initial study as described above. 7. Agency Coordination and Approval This task shall be ongoing through the duration of the project and includes ' coordination with the affected utility agencies as well as with organizations, which will provide historical data and other critical components of the project. This task shall include the preparation of staff reports to City Commissioners and the City Council. Deliverables: City and agency coordination and preparation of reports. 8. Project Management This task involves management of the project team and coordination between DEA staff, Dream Engineering, and the affected agencies. Project schedule 1 maintenance is also included herewith. Deliverables: Management, scheduling, project budget analysis and ' coordination between team members. II. Final Design / Constriction Documents 9. Grading and Drainage Plan DEA will prepare a 1 "=20' scale grading and drainage plan for the trail in an effort to make part or all of the route ADA accessible. The plan will delineate ' surface elevations and also provide horizontal control for construction of items in the palm oasis and along the trail route. Deliverables: Grading and drainage plan as described above. ' 10. Site Plan This plan shall designate all features of the proposed project as listed in Task 4 indicating placement, detail references, material and manufacturer callout, general construction notes, and specific elements of the overall design which are necessary for the proper construction of all items. Deliverables: Overall site plan and enlargements ofspecific plan areas with ' sufficient detail for accurate construction of proposed site features. 11. Utility Plan DEA will provide a utility plan for the necessary service for water, power, and communications lines. This task also involves the research and specification of the pressure tank for water needs. Sewer plans are not a part of the scope of services. r� O Deliverables: Utilityplan as described above. 07 I I rl 12. Planting Plan DEA will prepare a planting plan for the project area as determined during the conceptual design phase. This plan will include plant legend describing trees, palms, shrubs and ground covers (where applicable). The legend will indicate botanical and common name, quantity, size and remarks (such as variety and staking procedures). The plans will provide an integrated total site presentation of selected plant material, decorative hardscape, and site furnishings. This task also includes development of plant identification tags using "quail" sign holders. Deliverables: Planting plan for palm oasis. 13. Irrigation Plan The final irrigation plan will provide the necessary information for a complete and fully automatic irrigation system for the project area. It shall combine, in the most logical manner, the existing system servicing the palm trees with that of the proposed oasis improvements. The point of connection'will be determined and the plan will indicate backflow prevention, pressure regulation (if necessary), and equipment size and type in the irrigation legend. Deliverables: Irrigation plan for all planting areas. 14. Restroom Building Plans DEA architects will provide research and the development of construction documents for a "co-ed, wash -down, self-cleaning, naturally lighted restroom." We will work closely with staff to develop a unique structure, which suits the environment in its overall design. Materials, maintenance, technology, utility hookups and disposal will be considered. We have budgeted a minimal amount of time to perform research, conceptual design and "simple" construction drawings based upon our project understanding at this time. DEA reserves the right to renegotiate this task once the scope of services is further developed. Deliverables: Research, conceptual design, and preparation of a final restroom plan. 15. Electrical/Solar Lighting Plans The project location is in a relatively remote area and not readily accessible. Terrain consists of desert scape, rocks, and gullies. This project would lend itself to photovoltaic solar. If the city decides to go with photovoltaic solar, there would be several basic design guidelines. The first would be that photovoltaic solar cannot handle large electrical loads and in fact can only handle light electrical loads. We could provide a light for each of the two proposed structures and a fractional motor that would supply the small bird feeder. If we needed a booster for water pressure, the photovoltaic solar could not handle those requirements. A hydraulic system would then be necessary. The photovoltaic solar is not economically feasible for ground lighting or outlets for barbecues, rotisseries, etc. We would suggest a "spare power conduit" in the water -piping trench for future expansion, which would require commercial electrical power. The photovoltaic solar would consist of an array which would capture langleys and convert the to electrical energy to be stored in jell cell batteries. The O a 1 batteries would feed an inverter converting the DC to AC thus feeding the lights and fractional horsepower pump. All of the electrical devices listed above would be an integral element to the solar array. The solar array is designed so that it could provide for 20-30 "sunless" days during which the array would capture only 30% as many langleys as on a sunny day. Deliverables: Electrical engineering, electrical calcs., evaluation of various photovoltaic solar systems to determine, in conjunction with the city, the most practical and economicallyfeasible system. Additional deliverables include lighting layout, photometrics, single line diagram, panel assignments, cost estimate, specifications and construction drawings, and plan check corrections. 16. Construction Details Construction details will be included for all planting, irrigation, site furnishings, trail surface, edge treatment, and signage. Deliverables: Construction details to further indicate the design intent, materials, colors, proportions and installation techniques. 17. Water Feature Plans This task includes the final construction plans for this custom water feature intended to "engender a feeling of oasis" such as the trickling water fountain — not necessarily to provide drinking water for wildlife. Deliverables: Custom waterfeature design. I & Signage Plans ' DEA landscape architects and graphic artists shall prepare the following signage plans: information panels to include cautionary data for hikers; mounted trail map; thermometer; history of area; oasis; natural history; wildlife; and mileage 1 markers to areas such as Mexico, the ocean, etc. (i.e., a location compass). Plans will also include two-way directional signage and trailhead signage at Calle Tecate parking lot entrance. Deliverables: Plans, sections and details for custom project signage as described ' above. 19. Revised Plan, Environmental Documents, Specifications and Estimates DEA shall revise the plans, environmental documents, specifications and estimates in accordance with the plan check comments. Deliverables: Two sets of all documents listed above for review and comment. ' 20. City Council Meeting DEA will prepare "necessary supporting documentation" in support of the project at such time that it is submitted to City Council for review. Deliverables: Attendance at one City Council meeting in addition to preparation of reports to support the project. p79 21. Final Plans, Environmental Documents, Specifications and Estimates Based upon comments received from the City Council, DEA shall make ' additional corrections to the project plans and associated documents. Deliverables: One set of final Mylar plans, stamped and signed, one original "hard -copy" of the specifications and estimates along with a WordPerfect 7.0 document and Quattro Pro 7.0 spreadsheet of costs. These files will also be provided digitally. ' III. Bidding 22. Bid Assistance DEA shall assist the City during the bid process which shall include distribution -of ' addendum to the bid documents, review of submittals during the bid process (and recommendation to approve or reject), answering questions from prospective bidders, attendance at the bid opening and review of all submitted bids for completeness (check licenses and references of apparent low bidder including prime and subcontractors). This task shall also include the attendance at one city council meeting to support the award of contract to the apparent low bidder in addition to attendance at the pre -construction meeting to present information on the construction documents. The pre -construction meeting will include a site visit. ' Deliverables: As described above. J 1 1 Exhibit B Schedule of Compensation Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith on a lump sum fixed fee basis, in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed FIFTY-FIVE THOUSAND THREE HUNDRED EIGHTY Dollars ($55,380.00) (the "Contract Sum"), plus a budget amount of FOUR THOUSAND SEVEN HUNDRED FIFTY Dollars ($4,750.00) (Reimbursable Expenses) 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. n 3 1 o0000000 00000000 0000000000000 0000000000000 0 0 � ��tTNMerM NV-N N • fH 49 49 4i " 40 44 40 49 " 49 49 ui 49 49 49 W 441401441101 49 0 W,C-MWNOWW 0 0 0 0 0 0 0 0 Mo 0 0 0 0 0 0 0 0 0 0 0 0 O C V N C V C 7 fA :H i9 !f! � 49 49 fA f/4 49 4� 49 49 Cfl 49 iA 4'i 49 d9 49 4i 49 ' w 0 N wNwcoCoN WNON � • � O �' . O co N � O • Co o N CD '0 i et N N w cm co N N ao O N M tO N co OO Go N00 N c w co co 1w leNNcor e-�C4 N N N NV N to R 0 ` 4/ c U • c v c co co a_ o U . �v A a w Va a d ctm m= goe �o ea c o d w tm d t i� to c w .o IM c c c �m y� � �� v a s � �w dv y � Co cco v o �t e— 0 �U o c 0 o o e to v cda ea �0 m O e M Ada — c� c 0 '� U g cco c �p �a a c p 7 w LL N p= CO in • C y 0 �' c o. w m° c n d t w U a tt[[ a) c� m d o m c' c c> • ZZ a.0W-a d c�u»a=ixw0�USa:0 m �NMIW0Q1-00 CD NCM V 1f)c0P--0OO.- N • • ��.-r-T— V—��NN s N 3 c O N y O a a m tm ti m 1.02 Exhibit C Schedule of Performance Consultant shall complete all services within TWENTY-FOUR CONSECUTIVE WEEKS of the date of this Agreement. David Evans and Associates Project Schedule is attached and made a part of this agreement. SM 033 I 0 1 I 1 DEA realizes the importance placed upon our firm to provide a quality product... Section D: Project Schedule DEA understands the need for accelerated schedules. We have a great deal of confidence in our ability to meet this proposed schedule and pride ourselves in being accessible and responsible to our clients. This will be demonstrated by our willingness to contractually obligate DEA to an established schedule. With our moderate workload, DEA can adhere to the City's schedule. A graphic representation of our schedule may be found on the following page. Please note that should this project exceed the proposed time frame shown (due to issues beyond our control), we reserve the right to renegotiate fees for particular tasks as deemed fair and appropriate. DEA realizes the importance placed upon our firm to provide a quality product to our clients, while maintaining open and clear communication, and by providing our services in a timely manner. "On time" and "on budget" are some ofthe terms frequently used by clients, but very few consultants are able to live up to these standards. DEA has an excellent reputation for being on time and we have been commanded by many of our clients for completing projects ahead of schedule and within budget. 034 NIENNBBINIII■NIIIBBBBIIIIINe �■■BBBNBN=■B■■BB■■■■N■1 NINE CONIBIIIIIIIIII NINE WN■NIBINN 1 MINES Q ■■■B■■B ■ lolls ��B■IIBBBBvNN■ N Bills 0. r E■BBB■■E IN■ IIIIIII■ �I■IIIIII INS IIIIloilo NBBBBBNN■ w � � aIEIIIIII* II■I III IIIIIIII■ 0 0) NONNI IN go -E■■■B ■I II■IIIIIIIIIIIIII■ �B■BN BB BNEBNNNBBBBBBBBBN■ ° MIEN III II■NNIooNIlN0000l■ 0 Noll NINB BIENBBNBBNIIBBIIo■ U r ■■ ■■■■ ■■■■■E■■■E■■■■■■■� • • 03 O C n C O �•, Q • C 0 M a f0 U f6 2 c a C D1 0 FL 0) (0 C C O7 C C O a :� N N W cm O rn @ .. W mm a c m J m 'u', y • @ aD a a o o m ' c c 'S �0 c LU 0 c m O c m O L C f0 0 C O N C a m (0.0 +O' (n 'U W C a°wV °V� f0 c ma E= a`0iaa aada. ammavm? • arnoo��timvov) m y C C O O> U 03 O_ y 0) O O 03 0) CA y C O Cl) a`L)Xa`¢a`. c9 nfa h:cr U inItvii r N M V LO CO h CO 0) O r N m v l0 (D r- 00 O O r r r r r r r r r r r N N IN Ii U z Exhibit D Special Requirements NONE. oat 036 1' October 2, 1999 TO: La Quinta City Council FROM: Vera Thaxton, La Quinta resident and home owner (22 years) RE: Cove Oasis Trailhead - directed to material in Attachment 1 of Habitat Conservation Fund Application COMMENT CONCERNING NAME -- It is a misnomer to refer to this project as "Cove Oasis Trailhead" as the site is no less than twenty-five minutes from any of the trails --hardly a trailhead. III - 3 MAINTAING AND OPERATING PROJECT Comment #1. As of September 22, it was noted that the landscaping directly included in the La Quinta City Hall site was sadly in need of attention. This is a focal point for our community and if adequate funds cannot be allocated to maintain it in first-rate status, further landscape development should not be considered at this time. Comment #2. No mention has been made as to security sup- ervision of the proposed area. At present, the City does nothing to prohibit access to the wilderness area other than put up signs that are commonly disregarded.Nor does the City do anything to discourage gatherings at the current parking areas for purposes of alcohol con- sumption, drug usage/sale, and illicit sex. The "amenities" of the oasis would be very attractive to the after-hours needs of this portion of the populatiom --much to the consternation of residents along Calle Tecate who already have to contend with beer cans, liquor bottles, condoms, and tampons as well as graffetti all left by people of the night. THE CITY IS NOT MEETING ITS RESPONSIBILITY OF SUPERVISION NOW SO HOW DOES IT EXPECT TO PROHIBIT EXPANDED NIGHT-TIME MISEUSE OF THE AREA?? V. NEED FOR THE PROJECT COMMUNITY NEED - WHY SHOULD IT BE FUNDED Comment #1 --The trails in the area are indeed impressive- --when and if they can be located. All are very hard to find and the proposed project includes no provision for making them more accessible. As previously noted, the Oasis is far from all of the trails. There def- initely is interest in this area, however hikers, mountain bikers, and dog walkers are not going to be having picnis in the oasis. b. Is there a deficiency of similar opportunities? Comment #1 -- The Art Smith parking lot is indeed a trailhead, in contrast to the propoased project. Its lack of "amenities" does not detract from its popularity. Could it be that the City of Palm Desert felt it was valuable to retain the natural desert environment rather than imposing a variety of extraneous structures on it? Our own upper cove is supposed to be a "wilderness area" creature -friendly to animals, birds, and vegetation of the desert. The artificial "oasis" is already an intrusion; the addition of buildings, electricity etc. will only further break down the "wilderness" quality of the area. C. Is there support for the project? Comment # 1 --The ciy may "believe there is widespread community support", but that is because the city chooses not to encourage or listen to community comment. Meetings are consistently scheduled in afternoons when many people cannot attend and public hearings are rare. Many people do not understand city council procedures and council does nothing to educate the public. It is commonly believed that council purposefully schedules meetings and action when community members will be unable to attend, thereby being able to achieve their own par- ticular goals. As previously mentioned, dog walkers, hikers, and mountain bikers would find little use for this project. Nor is it a playgound setting suitable for children --unless, of course, city council proposes to further break down the wilderness environment by introducing playground equipment, grass, and paved area. SUGGESTIONS: 1. Leave the area as a basically wilderness site. 2. Identify trailheads, improve trails where they have been washed out and need safety improvements. 3. Place signs at trailheads indicating the importance of having water, food, proper clothing and footwear, and sun protection in the wilderness area. A note emphasizing conservation of the environment (not littering or cutting across between switchbacks) or harrassing wildlife should also be included. 4. Devise and carry -out a plan whereby the wilderness area is adequately protected. At present, jeeps roll right over the rock barricades that border Tecate and dirt bikers move the rocks aside and then tear up and down the hills, scarring the fragile terrain. 5. Devote some time and money to improving and maintaining existing landscaping in the community. Our city hall is, in my estimation, the most outstanding in the valley. It MM is not appropriate for the surrounding landscape to be full of dead plants and weeds. 6. Give serious consideration to planning downtown La Quinta to be a really attractive, architecturally unified center. There was some talk of this several years ago. The need is still there. CONCLUDING REMARKS: I have always considered La Quinta to be the most naturally beautiful of all the cove communities. I have lived here twenty-two years and have watched with pleasure as the community has developed. On the whole, I think community leaders have made excellent decisions that have served to upgrade the town, however I and many others are concerned at the apparent desire of at least one present council member to exploit (and diminish) the beauty of the extreme south cove area. Such actions are indefensible. 090 TWY' 4 4Qul"fw COUNCIL/RDA MEETING DATE: October 5,1999 ITEM TITLE: Approval to Award a Professional Service Contract to the Firm of Tri-State Land Surveyors & Civil Engineers to Provide Construction Surveying Services for Jefferson Street Improvements, Phase I, Avenue 54 to Highway 1 1 1, Project No. 99-05 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to execute a contract for a Professional Services Agreement with the firm of Tri-State Land Surveyors & Civil Engineers in an amount not to exceed $98,675.00, for Jefferson Street Improvements, Phase I, Avenue 54 to Highway 1 1 1, Project No. 99-05. Sufficient funding is available within the project budget to award a contract in the amount of $98,675.00. The current project budget for technical services is $987,273. In accordance with the "Amendment 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 CVAG (75%) City of La Quinta City of Indio County of Riverside TOTAL: Preliminary Final Design/ Design Construction Total $450,000 $1 1,296,245 $1 1,746,245 $90,000 $2,472,145 $2,562,145 $57,000 $1,293,270 $1,350,270 $3,000 $0 $3,000 $600,000 $15,061,660 $15,661,660 991 TAPWDEPT\COUNC L\1999\991005f.wpd 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. 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. 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. 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. On June 11, 1999, sealed bids were opened for construction of this project. The Granite Construction Company was the apparent low bidder, with a bid amount of $6,876,876.00. 092 002 T:\PW DEPT\COUNCIL\ 1999\991005f. wpd 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 111 with a roundabout at Avenue 52, Project No. 99-05. On August 3, 1999, the City Council authorized the waiver of the formal selection procedure, approved a selected short list of qualified firms, approved two Requests For Proposals (RFP), (one for professional survey services and one for professional materials testing services), and authorized staff to receive proposals and negotiate with the most qualified firm in each discipline to provide professional survey services and professional materials testing services. On September 10, 1999, staff received proposals for survey services from four firms. Following review and evaluations of the proposals, staff has ranked the firms as follows: 1. Tri-State Land Surveyors & Civil Engineers, La Quinta, Ca. 2. Coachella Valley Engineers, Palm Desert, Ca. 3. Mainiero, Smith & Associates, Palm Springs, Ca. 4. Robert Bein, William Frost & Associates, Palm Desert, Ca. Upon determination of the most qualified consultant, staff successfully negotiated the cost and terms of a contract for professional survey services in the amount of $98,675 with the firm of Tri-State Land Surveyors & Civil Engineers of La Quinta, California. The alternatives available to the City Council include: 1. Authorize the City Manager to execute a contract for a Professional Services Agreement with the firm of Tri-State Land Surveyors & Civil Engineers in the amount of $98,675.00, for Jefferson Street Improvements, Phase I, Avenue 54 to Highway 1 1 1, Project No. 99-05; or 2. Do not authorize the City Manager to execute a contract for a Professional Services Agreement with the firm of Tri-State Land Surveyors & Civil Engineers in the amount of $98,675.00, for Jefferson Street Improvements, Phase I, Avenue 54 to Highway 1 1 1, Project No. 99-05; or 3. Provide staff with alternative direction. 093 003 T:\PW DEPT\COUNCIL\ 1999\991005f. wpd Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for submission by: e Thomas P. Genovese City Manager Attachments: 1. Professional Services Agreement (Construction Surveying) 094 004 TAMDEMCO U NCIL\ 1999\991005f. 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 Tri-State Land Surveyors & Civil Engineers ("Consultant"). The parties hereto agree as follows: 1.1 Scone of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Construction Surveying 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. 113, T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\Phse I Const\PSA Tri-State.WPD Page I OR 9 006 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.1 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 Ninety Eight Thousand Six Hundred Seventy Five Dollars ($98,675.00 ) (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 (1Oth) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgement such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. r1 T:\PWDEPT\PROJECTS\99Pricts\99-OSJeffSt(54-IndBlvd)\Phse I Const\PSA Tri-State.WPD Page 2 of 8 007 El RIMILSIOW0 ►_ •► gala 1 • I 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. Dale R. Grinsger, Owner/Principle 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. • ► ��]TJ><C � u ► •l_ii[•PI_1�i�7ZiL[�� 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 097 T:\PWDEPT\PROJECTS\99Prjets\99-05JeftSt(54-IndBlvd)\Phse I Const\PSA Tri-State.WPD Page 3 of 8 008 naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Less than $50,000 Personal Injury/Prol2erty Damage Coverage $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. Consultant shall defend, indemnify and hold harmless 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. 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: 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. 11M.0 T:\PWDEPT\PROJECTS\99Pr cts\99-05JeffSt(54-IndBlvd)\Phse I Const\PSA Tri-State.WPD Page 4 of 8 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 Rel2orts. 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 not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 099 T:\PWDEPT\PROJECTS\99Pr cts\99-05JeffSt(54-IndBlvd)\Phse I Const\PSA Tri-State.WPD Page 5 of 8 10 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, 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. T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\Phse I Const\PSA Tri-State.WPD Page 6 of S 1 O o oil 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. 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Chris A. Vogt 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 To Consultant: Tri-State Land Surveyors & Civil Engineers Attention: Dale R. Grinager 78-120 Calle Estado, Suite 102 La Quinta, California 92253 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 T:\PWDEPT\PROJECTS\99Pdcts\99-05JefISt(54-IndBlvd)\Phse I Const\PSA Tri-State.WPD Page 7 of 8 101 .012 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. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA O.UINTA a California municipal corporation Thomas P. Genovese, City Manager ATTEST: Regenia Hensley, Deputy City Clerk APPROVED AS TO FORM: Dawn C. Honeywell, City Attorney CONSULTANT: Tri-State Land Surveyors & Civil Engineers By: Name: Title: Date: Date T:\PWDEPT\PROJECTS\99Pdcts\99-05JeftSt(54-IndBlvd)\Phse I Const\PSA Tri-State.WPD Page 8 of 8 102 013 Exhibit A Scope of Services The 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. 3. 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. 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. 103 014 (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. 16. Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1110-20.0, WAGE RATES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. The City will furnish to the Contractor, upon request, a copy of such prevailing rates. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site. T:\PWDEPT\PROJECTS\99Pgcts\99-05JeffSt(54-IndBlvd)\Phse I Const\PSA Tri-State.WPD 104 015 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 Nine Eight Thousand Six Hundred Seventy Five and no/100 Dollars ($ 98,675.00 ) except as specified in Section 1.6 - Additional Services of the Agreement. T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\Phse I Const\PSA Tri-State.WPD 1015 016 Exhibit C Schedule of Performance Consultant shall complete all services within 300 Consecutive Calendar Days (300 ) days of the date specified in the notice to proceed. T:\PWDEPT\PROJECTS\99Pgcts\99-05JeffSt(54-IndBlvd)\Phse I Const\PSA Tri-State.WPD 106 017 Exhibit D Special Requirements The Consultant's proposal is attached and made a part of this Professional Service Agreement. 1-0'7 T:\PWDEPT\PROJECTS\99Pgcts\99-05Jeff5t(54-IndBlvd)\Phse I Const\PSA Tri-State.WPD WORK PROPOSAL PROFESSIONAL. CONSTRUCTION SURVEyINCj SERVICES PhASE I JEFFERSON STREET IMPROVEMENTS AVENUE 54 TO I' ighWAy III CIP 99-1105 108 TRI-STATE [And SURVEYORS & Civil ENgimERs 78,120 CAME ESTAdo, SuiTE 102, L+ OuiNTA, CA 92253 (760)564,0271 (800)363,6306 FAX(760)564,t7,�99 TRI-STATE LANd SURVEYORS & CIVIL ENGINEERS 78,120 CAIIE ESTAdO, SUITE 102, LA OUINTA, CAIifORNiA 92253 (760) 564,0271 (800) 363,6306 FAX (760) 564,0279 September 9, 1999 Mr. John M. Freeland, Senior Engineer CITY OF LA QUINTA PUBLIC WORKS DEPARTMENT 78-495 Calle Tampico La Quinta, CA 92253 Re: Work Proposal to Provide Professional Construction Surveying Services Phase I Jefferson Street Improvements Avenue 54 to Highway 111, CIP 99-05 Dear John: Tri-State Land Surveyors & Civil Engineers (TRI-STATE), with Dale Grinager as the project's contact person, is pleased to submit this proposal to provide construction surveying services on the above project. TRI-STATE is prepared to begin work immediately following "Notice To Proceed". You can be assured that upon notification of contract award, we will have available resources for all of the surveying tasks needed for the successful completion of this project. We are able to offer survey crews within only 24 hours notice. If an emergency situation occurs, we will rearrange our schedules so that we may provide survey crews within minutes of receiving notice. This is possible due to the fact that our office is located in the City of La Quinta - just a few minutes from the project site. The following is a summary of the insurance coverage that TRI-STATE provides, and is included in this proposal: • General Liability $2,000,000 • Personal Liability $1,000,000 • Auto Liability $1,000,000 • Professional Liability $1,000,000 • Workers Compensation $1,000,000 1013 Our field survey crews are equipped with the latest in advanced technological equipment, including Electronic Total Stations and Global Positioning System (GPS), providing the highest level of accuracy in the shortest amount of time. 020 Mr. John M. Freeland, Senior Engineer CITY OF LA QUINTA PUBLIC WORKSDEPT. September 9, 1999 Page 2 The accompanying proposal lays out the exceptional qualifications of TRI-STATE, and our proposed approach to the project. We appreciate the opportunity to submit this proposal and we are excited about participating in another project of critical importance to the community. We look forward to working with the City of La Quinta through the completion of this project. Please do not hesitate to contact Dale Grinager at 760-564-0271 if you have any questions on any aspect of this proposal. Sincerely, TRI-ST TE Land Surveyor Civil Engineers 6 Dale . Grinager Owner Ito 021 DALE R. GRINAGER Principal Experience Dale Grinager has over thirty years of experience in land surveying and construction layout, providing him with a broad spectrum of project experience and depth of knowledge in his field. He acquired his basic surveying skills as an artillery surveying instructor for the U.S. Army and then served as Party Chief for several large firms in California. Mr. Grinager also spent five years on the Alaskan Pipeline and was in charge of all survey crews north of the Yukon River. He is familiar with all phases of field layout and construction, including the unique problems associated with rough and/or hazardous terrain. Mr. Grinager has provided supervision, construction layout and surveying services for many projects throughout the Western United States and Alaska, some of which are listed below: Representative Projects La Quinta Assessment District, La Quinta, California Construction Surveying for street curb and an gutter, sewer and storm drain improvements. Palm Desert Assessment District, Palm Desert, California Construction Surveying for street curb and an gutter, sewer and storm drain improvements Avenue 48 and Adams Street Extension, La Quinta, California All Phases of Construction Staking for the Mile Long Project. Miles Avenue Widening, La Quinta, California All Phases of Construction Staking for the Project. Aha Macav Parkway, Laughlin, Nevada 9 miles of street improvements and bridge across the Colorado River Fort Mojave Indian Reservation Rancho La Quinta, La Quinta, California 1,000 lot Subdivision with 2 Championship Golf Courses The Villas at Desert Falls, Palm Desert, California Town House Project - 1,000 Units Mesquite Country Club, Palm Springs, California Condominiums - 700 Units Outdoor Resorts of America R.V. Resort 1,300 R.V. Lots, Cathedral City, California 600 R.V. Lots, Indio, California Golf Course and Club House Big Bear Shores ILV. Resort & Yacht Club, Big Bear, California 170 Recreational Vehicle Lots Westin Mission Hills Project, Rancho Mirage, California 300 Single Family Homes with Championship Golf Course Triad Homes Project, La Quinta, California 250 Single Family Homes Street Improvements, La Quinta, California Various street improvements throughout La Quinta for Landmark Land Co. Encanto Homes, Indio, California 150 Single Family Homes Employment History 1974-Present Tri-State Land Surveyors & Civil Engineers Principal 1971-1974 Rattray & Associates Survey Party Chief 1963-1971 Pafford & Associates Survey Party Chief 1960-1963 U.S. Army Surveying Instructor 11.1. Dale R. Grinager -Resume PagQ 2 3 NEIL C. WANALLY Professional Land Surveyor Experience A licensed land surveyor in California and Nevada, Mr. McAnally has been engaged in land surveying for over seventeen years. Mr. McAnally is responsible for the supervision of all Tri-State survey crews. Computation and reduction of field notes is performed under his direction. He is responsible for the preparation of all mapping activities at Tri-State. Mr. McAnally experience includes residential, commercial and industrial development and public works projects. Mr. McAnally serves as field and office supervisor, offering computing and research for surveying construction staking and mapping for residential, commercial and industrial developments and subdivisions; topographic, title, architectural and boundary surveys, A.L.T.A. surveys, serial control surveys; and public utility projects. Representative Projects Street Improvements Miles Avenue Widening Project Avenue 48 and Adams Street Extension Project Bob Hope Street Improvements Washington Street Bridge Widening Project San Bernardino County, San Bernardino, California Service Area 70, Zone L - Assessment District Project Preliminary and Construction Survey Rancho La Quinta, La Quinta, California 1,000 lot Subdivision with 2 Championship Golf Courses Outdoor Resorts of America R.V. Resort 1,300 R.V. Lots, Cathedral City, California 600 R.V. Lots, Indio, California 800 R.V. Lots, Aguanga, California East Highlands Ranch, City Highland 350 lot Subdivision Concordia Development, City Highland 300 Lot Subdivision Employment History 1995-Present Tri-State Surveyors & Civil Engineers Chief of Parties/CAD System Manager 1994-1995 V.L. Systems, Inc. VANGO Technical Support Services 1990-1994 McAnally Associates Principal 1986-1990 W.J. McKeever, Inc. Survey & CAD System Manager 1980-1986 Ludwig Engineering Survey Manager 1977-1980 Beeler, Krieger and Steward, Inc. Surveyor 1974-1977 Riverside County Surveyor Education & Licensing: California P.L.S. #4820 Nevada P.L.S. #6121 1971- Graduated Pacific High School - San Bernardino Course work in Civil Engineering, Surveying and Computer Sciences Orange County (CA) C.L.S.A. - G.P.S. Seminar, 1990 P.O.B. G.P.S. Seminar, 1994 112 Neil C. McAnally - Resume Page 0 2 4 KEN NUSSBAUM Professional Land Surveyor Experience A licensed land surveyor in California and Alaska, Mr. Nussbaum has been engaged in land surveying for over thirty years. Mr. Nussbaum is responsible for the supervision of Tri-State survey crews. His experience includes cadastral, land, construction, subdivision and mining projects. Representative Projects La Quinta Assessment District, La Quinta, California Construction Surveying for street, curb and gutter, sewer and storm drain improvements Rancho La Quinta, La Quinta, California 1,000 lot Subdivision with 2 Championship Golf Courses Quail Ridge, Laughlin, Nevada Patio Home Development Palm Desert Assessment District, Palm Desert, California Construction Surveying for street curb and an gutter, sewer and storm drain improvements Seward Highway, Bird and Summit, Alaska Road Construction Survey Northern Lights Blvd. and Spenard Road, Anchorage, Alaska Construction Surveys Shell Lake, Anchorage, Alaska ADL Subdivision Employment History (since 1980) 1999-Present Tri-State Land Surveyors & Civil Engineer 1996-1999 La Vara Surveying 1990-1996 Tri-State Land Surveyors & Civil Engineers 1989-1990 Centennial Engineering 1988 Grinager & Associates (Tri-State) 1987-1988 Adkan Engineering 1987 Juneau Bowl Mining Co. 1987 North Star Engineering 1987 Centennial Engineering 1986 Hickle Construction Company 1983-1986 Besse, Epps & Potts 1982-1983 Classic Survey 1981-1982 Bomhoff & Associates 1980-1981 Tectonics, Inc. Licensing California P.L.S. #6298 Alaska P.L.S. #7571 Party Chief Partner Party Chief Party Chief Subdivision Surveyor Party Chief and Instrument Man Mining Surveyor Party Chief Instrument Man Refinery Surveyor Party Chief Road Construction Surveyor Subdivision Surveyor Party Chief 113 Ken Nussbaum - Resume Page V 2 5 QUALIFICATIONS/RELEVANT PROJECTS Established in 1974, Tri-State Land Surveyors & Civil Engineers (TRI-STATE), located in La Quinta, California, is comprised of dedicated professionals with diverse backgrounds in land surveying. Over the years TRI-STATE has provided land surveying and construction staking for street improvement projects, residential subdivisions, commercial, industrial and resort properties throughout California, Nevada, Arizona, Colorado and Alaska. Surveying activities at TRI-STATE are organized and staffed to provide the most efficient and timely completion of diverse office and field assignments. Field survey crews are equipped with advanced technological equipment, including Topcon electronic total stations, data collectors, and Global Positioning Systems. Four wheel drive vehicles enable TRI- STATE to perform surveys in difficult terrain. Assuring high quality results and cost effectiveness, field crews are supported by excellent in-house computer technicians and equipment. All survey operations are coordinated and supervised by a licensed land surveyor. TRI-STATE is committed to providing you with quality service, personal attention and professional expertise. ♦ MILES AVENUE WIDENING / AVENUE 48 IMPROVEMENTS / ADAMS STREET EXTENSION, LA QUINTA, CA - Provided the field surveys, mapping, right-of-way and appraisal maps, legal descriptions and construction staking for Avenue 48, Miles Avenue, and Adams Street. ♦ WASHINGTON STREET BRIDGE WIDENING, LA QUINTA, CA - Providing the field surveys, mapping, right-of-way, legal descriptions and construction staking for the project which is now in progress ♦ CITY OF LA OUINTA ASSESSMENT DISTRICT, LA OUINTA, CA - Provided field support and construction surveying for streets, curb and gutter, sewer and storm drain improvements and set street monuments for Kicak Engineering, design engineering firm for the previous assessment district. ♦ PALM DESERT ASSESSMENT DISTRICT, PALM DESERT, CA - Provided field support and construction surveying for streets, curb and gutter, sewer and storm drain improvements and set street monuments for Kicak Engineering, design engineering firm for the previous assessment district. ♦ AHA MACAV PARKWAY, LAUGHLIN, NV - Provided field support and construction surveying for 9 miles of street improvements and bridge across the Colorado River for the Fort Mojave Indian Reservation. JI-'A Statement of Qualifications Page 0 2 REFERENCES John M. Freeland CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, CA 92253-1504 760-777-7045 Joe Kicak (Temecula City Engineer) KICAK ENGINEERING P.O. Box 9033 Temecula, CA 92589 909-694-6411 Jimmy W. Sims / Eldon K. Lee KORVE ENGINEERING 78-120 Calle Estado, Suite 201 La Quinta, CA 92234 760-771-8036 Victor Martinez HOLMES & NARVER 999 Town & Country Road Orange, CA 92868 714-567-2617 Statement of Qualifications Page PROJECT UNDERSTANDING The City of La Quinta wishes to commission a land surveying firm to provide construction surveying services for improvements to the existing street and utilities, including two bridge crossings, on Jefferson Street between Avenue 54 and Highway 111. TRI-STATE has thoroughly investigated the site, considered the work to be performed, and is acquainted with the existing conditions. Services may include but are not limited to: • Survey Control • Clearing / Removals • Rough Grade • Final Curb and Gutter • Storm Drain • Water Main • Sewer • Irrigation Line Replacement • Retaining and Screen Walls • Traffic Signals • Bridge Construction • Monument Ties and Replacements • Comer Record Preparation • Project Administration • Office Calculations and Supervision PROJECT APPROACH TRI-STATE's approach will be to apply our knowledge and experience from similar street improvement projects for the City of La Quinta - including Miles Avenue, Washington Street, 48th Avenue, and Washington Street Bridge Widening - to this project, as follows: • All approved Street Improvement Plans will be processed through our Calculation Department, under the supervision of Neil McAnally, P.L. S. for mathematical correctness. • After plan check, plots and calculations for Clearing Limits, Rough Grade, Saw Cuts, Sewer, Water, Storm Drain, Irrigation Line, Bridge Crossings, Curb Stakes, and Cut Sheets will be made available to field crews and Contractor. • All staking will be coordinated with the City of La Quinta. • Field crews will use Total Station instruments with Data Collectors for all construction layout. • At each existing centerline monument location, TRI-STATE will set lead and tack outside the construction area. Measurements will be taken and recorded as tie. notes. These tie notes will be utilized when replacing centerline monuments after construction of street improvement. 1I.6 Project Understanding and Approach Page 0 YJr_ TASK 1- SURVEY CONTROL Tri-State will provide sufficient horizontal and vertical survey control points throughout the project to maintain efficient construction staking procedures. Stakes will be sufficiently marked and will be preserved and protected. TASK 2 - CLEARING / REMOVALS Tri-State will provide one (1) set of reference stakes or marks at two -hundred (200) foot intervals on tangent line and one -hundred (100) foot intervals on curves to 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. TASK 3 - ROUGH GRADE A. Tri-State will provide one (1) set of offset / slope stakes at fifty (50) foot 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. Tri-State will provide one (1) set of center line stakes at fifty (50) foot intervals. TASK 4 - FINAL CURB AND GUTTER Tri-State will provide one (1) set of offset stakes to be set at twenty-five (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. TASK 5 - STORM DRAIN Tri-State will provide one (1) set of offset stakes at twenty-five (25) foot intervals and all angle points for main line storm drain, with appropriate stakes for catch basins and inlets, junction structures and manholes. TASK 6 - WATER MAIN Tri-State will provide one (1) set of offset stakes at fifty (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. TASK 7 - SEWER Tri-State will provide one (1) set of offset stakes at twenty-five (25) foot intervals for main line, and at each `Y' station, manholes, angle points and points of grade changes with cuts to flow line. TASK 8 - IRRIGATION LINE REPLACEMENT Tri-State will provide one (1) set of stakes at fifty (50) foot intervals for the construction of the proposed irrigation line with grades to flow line. TASK 9 - RETAINING AND SCREEN WALLS Tri-State will provide one (1) set of offset, line and grade stakes for walls construction at twenty-five (25) foot intervals. TASK 10 - TRAFFIC SIGNALS Tri-State will provide one (1) set of offset stakes for traffic signal pole locations. 117 Scope of Work Program Page 1 01, TASK 11- BRIDGE CONSTRUCTION A. Tri-State will provide one (1) set of line and grade stakes for channel slope lining, approximately five -hundred (500) feet in length, at twenty-five (25) foot intervals. One set each for top of lining and toe of lining. B. Structural Excavation: Tri-State will provide one (1) set of line and grade stakes to top of abutments. C. Tri-State will provide one (1) set of stakes for each column line. D. Tri-State will provide one (1) set of stakes for alignment of abutment foundation centerline with grade to seat of abutment at both ends of each abutment. E. Tri-State will layout edge of deck on soffit, set grades at 1/4 points of each span and provide two (2) checks of soffit grades. TASK 12 - MONUMENT TIES AND REPLACEMENT Tri-State will preform for preservation and replace ties to any existing survey monuments of record which may be lost to new construction pursuant to California State Law. TASK 13 - CORNER RECORD Tri-State will prepare and file with Riverside County Surveyor's Office the necessary documentation required in association with preserving and replacing any destroyed survey monuments. TASK 14 - PROJECT ADMINISTRATION Tri-State's Engineer of Work shall be available during the length of the project to address any questions or concerns which may arise. Three (3) sets 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. TASK 15 - OFFICE CALCULATIONS AND SUPERVISION Tri-State will provide calculations as necessary to provide the field survey crews with data as needed for staking and supervision as required. Scope of Work Program Page 1 _i 3 COST PROPOSAL SHEET PROPOSAI 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 111, CIP 99-05 and will be used as the basis for negotiating a Professional Services Agreement: TASK DESCRPTION MAN HOURS COST I SURVEY CONTROL STAKING 10 $ 1,250.00 2 CLEARING AND REMOVALS 92 $ 11,500.00 3 ROUGH GRADE 140 $ 17,500.00 4 FINAL CURB and GUTTER 281 $ 35,125.00 5 STORM DRAIN 6 $ 750.00 6 WATER MAIN 30 $ 3,750.00 7 SEWER 12 $ 1,500.00 8 IRRIGATION LINE REPLACEMENT 34 $ 4,250.00 9 RETAINING AND SCREEN WALLS 10 $ 1,250.00 10 TRAFFIC SIGNALS 16 $ 2,000.00 11 BRIDGE CONSTRUCTION 46 $ 5,750.00 12 MONUMENT TIES AND REPLACEMENT 26 $ 3,250.00 13 CORNER RECORD PREPARATION 10 $ 750.00 14 PROJECT ADMINISTRATION Included Included 15 OFFICE CALCULATIONS 134 $ 10,050.00 TOTAL -r $98,675.00 NOTE: Tasks ough 12 are based on 2 Person Survey Crew at $125.00 per hour. Task and 15 are based on Office Calcs at $75.00 per hour. AWf September 22, 1999 Gri Dale nager, Prime Cons0imt Date Signed TRI-STATE Land Surveyors & Civil Engineers All restaking, additional work, services and items not included will be performed only by prior authorization from the client, on a time -and -materials basis to be computed as follows: 2 Person Survey Crew $125.00/hour 3 Person Survey Crew $145.00/hour 119 Field Supervisor $ 95.00/hour Office Calcs $ 75.00/hour 3 3 T4t!t 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: October 5,1999 CONSENT CALENDAR: ITEM TITLE: Approval to Award a Professional STUDY SESSION: Service Contract to the Firm of Southland Geotechnical, Inc. to Provide Materials Testing PUBLIC HEARING: Services for Jefferson Street Improvements, Phase I, Avenue 54 to Highway 1 1 1, Project No. 99-05 Authorize the City Manager to execute a contract for a Professional Services Agreement with the firm of Southland Geotechnical, Inc. in an amount not to exceed $42,960.00, for Jefferson Street Improvements, Phase I, Avenue 54 to Highway 1 1 1, Project No. 99-05. Sufficient funding is available within the project budget to award a contract in the amount of $42,960.00. The current project budget for technical services is $987,273. In accordance with the "Amendment 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 CVAG (75%) Preliminary Design $450,000 Final 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 $15,661,660 120 T:\PW DEPT\COUNCIL\ 1999\991005e.wpd 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 . 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. 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. 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. On June 11, 1999, sealed bids were opened for construction of this project. The Granite Construction Company was the apparent low bidder, with a bid amount of $6,876,876.00. 121 002 T:\PW D EPT\COUNCIL\ 1999\991005e. wpd 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 with a roundabout at Avenue 52, Project No. 99-05. On August 3, 1999, the City Council authorized the waiver of the formal selection procedure, approved a selected short list of qualified firms, approved the two Request For Proposals (RFP) (one for professional survey services and one for professional materials testing services), and authorized staff to receive proposals and negotiate with the most qualified firm in each discipline to provide professional survey services and professional materials testing services. On September 10, 1999, staff received proposals from the five (5) selected short listed consultant firms. Based upon the materials submitted within the Work Proposal and Cost Proposal the firms were ranked as follows: 1. Southland Geotechnical, Inc. 2. PSI Environmental, Geotechnical Construction 3. Converse Consultants Inland Empire 4. LOR Geotechnical Group, Inc. 5. Earth System Consultants Staff is recommend to award a Professional Service Agreement (PSA) to the most qualified consultant firm, Southland Geotechnical, Inc. for material testing services in the amount of $42,960.00. The alternatives available to the City Council include: 1. Authorize the City Manager to execute a contract for a Professional Services Agreement with the firm of Southland Geotechnical, Inc. in the amount of $42,960.00, for Jefferson Street Improvements, Phase I, Avenue 54 to Highway 1 1 1, Project No. 99-05; or 2. Do not authorize the City Manager to execute a contract for a Professional Services Agreement with the firm of Southland Geotechnical, Inc. in the amount of $42,960.00, for Jefferson Street Improvements, Phase I, Avenue 54 to Highway 1 1 1, Project No. 99-05; or 3. Provide staff with alternative direction. 122 003 TAMDEMCOUNCIL\1 999\991005e.wpd Respectfully submitted, S 4?6 1 Chris A. Vogt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese City Manager Attachments: 1. Professional Services Agreement (Materials Testing) 123 004 TAMDEMCOU NC IL\ 1999\991005e. 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 Southland Geotechnical, Inc. ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Materials Testing 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. 124 T:\PWDEPT\PROJECTS\99Prjets\99-05JeffSt(54-IndBlvd)\Phse I Const\PSA SoLand.WPD Page I of S V06 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Forty Two Thousand Nine Hundred Sixty Dollars ($42,960.00 ) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgement such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 125 T:\PWDEPT\PROJECTS\99Prjcts\99-05JeftSt(54-IndBlvd)\Phse I Const\PSA SoLand.WPD Page 2 of 8 007 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. Kathy Ward, Business Manager b. Karl A. Harmon, Operation 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. 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 126 T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\Phse I Const\PSA SoLand.WPD Page 3 of 8 008 insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts -any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such, loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. Consultant shall defend, indemnify and hold harmless 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. 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. 12.7 T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\Phse I Const\PSA SoLand.WPD Page 4 of 8 009 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. N-UllofforelilD.il,� .�. 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 not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal T:\PWDEPT\PROJECTS\99Pricts\99-05JeffSt(54-IndBlvd)\Phse I ConsAPSA SoLand.WPD Page 5 of 2 8 010- 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, 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 T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\Phse I Const\PSA SoLand.WPD Page 6 of 8129 Oil 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. 2 1 • • 011MUME • • ►_ •► 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly,,interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Chris A. Vogt 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 To Consultant: Southland Geotechnical, Inc. Attention: Joseph Sidor and Karl Harmon 79-607 Country Club drive, Suite 5 Bermuda Dunes, California 92201 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. T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\Phse I Const\PSA SoLand.WPD 130 Page 7 of 8 012 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. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager ATTEST: Regenia Hensley, Deputy City Clerk APPROVED AS TO FORM: Dawn C. Honeywell, City Attorney CONSULTANT: Southland Geotechnical, Inc. By: Name: Title: Date: Date 131 T:\PWDEPT\PROJECTS\99Pr cts\99-05JeffSt(54-IndBlvd)\Phse I Const\PSA SoLand.WPD Page 8 of 8 013 Exhibit A Scope of Services The Consultant shall: 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/C 136 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. 132 T:\PWDEPT\PROJECTS\99Pdcts\99-05JeftSt(54-IMBlvd)\Phse I Co t\PSA SolaMMM 014 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 Forty Two Thousand Nine Hundred Sixty and no/100 Dollars ($ 42,960.00 ) except as specified in Section 1.6 - Additional Services of the Agreement. 133 T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-hdBlvd)\Phw I Co t\PSA SOLaid.WPD 015 Exhibit C Schedule of Performance Consultant shall complete all services within 300 Consecutive Calendar Days (300 ) days of the date specified in the notice to proceed. 134 T:\PWDEPT\PROJECTS\99Prjcts\99-05JeftSt(54LdBlvd)\Rm I Co OPSA SolaM.WPD 016 Exhibit D Special Requirements The Consultant's proposal is attached and made a part of this Professional Service Agreement. 135 T:\PWDEPT\PROJECTS\99Pdcts\99-05JeffSt(54-WBlvd)\Phse I Co t\PSA SoLand.WPD 017 UTHL.4ND EOTE-CLINICAL= FOUNDATION ENGINEERS AND MATERIALS LABS September 10, 1999 City of La Quinta Public Works Department 78-495 Calle Tampico La Quinta, California 92253 Attn: John M. Freeland, Senior Engineer Re: Proposal for Materials Testing Services For Phase 1 Jefferson Street Improvements Avenue 54 to Highway 111, CIP 99-05 Dear Mr. Freeland: Southland Geotechnical, Inc. is pleased to submit this proposal for the required construction testing and inspection services outlined for this project. We have prepared our proposal according to the request for proposal from the City. A (1) Name / Address / Contact Southland Geotechnical, Inc. 7607 Country Club Drive, Suite 5 Bermuda Dunes, California 92201 Contact: Joseph Sidor and Karl Harmon (760) 360-0665 A (2) Qualifying Statement Southland Geotechnical, Inc. is a California Corporation that has practiced in the geosciences for over ten years. Our objective is to provide our clients with the same level of technical competence and response normally expected of large firms. As a result, we have gained a reputation with local cities for providing technical competent services in a cost-effective manner. We have provided construction materials testing and inspection services for over ten years in the Coachella Valley of southern California. We feel that our professional and technical staff will offer the City of La Quinta the necessary skills and experience required for this type of contract. Our goal is to provide timely and cost effective services to the City. 136 780 NORTH FOURTH STREET - EL CENTRO, CALIFORNIA 92243 • (760) 370-3000 79-607 COUNTRY CLUB DRIVE, SUITE 5 - BERMUDA DUNES, CALIFORNIA 92201 • (760) 360-0665 7975 RAYTHEON ROAD, SUITE 210 • SAN DIEGO, CALIFORNIA 92123 - (619) 467-4900' Southland Geotechnical, Inc. is a 100% MBE/DBE firm (American Indian Cherokee Nation) as certified by Caltrans. We are approved by the Department of State Architect (DSA) to conduct geotechnical engineering and materials testing services encompassed by their jurisdiction. Additionally, our firm participates in the Cement and Concrete Reference Laboratory (CCRL) inspection program that is administered by the National Institute of Standards and Technology. This inspection insures that we are providing testing services in accordance with the latest ASTM methods. A (3) Sub -Consultant We do not anticipate the use of any sub -consultants for this project. B (1) Professional / Technical Staff The proposed professional staff assembled for this project is as follows: Joseph R. Sidor, GE — Engineering eering Manager. Mr. Sidor has over twenty years of experience in geotechnical engineering in southern California, in addition to twenty years experience in construction and engineering. He has served as geotechnical project manager on numerous projects including bridges, roadways, and pavement evaluations. Mr. Sidor is very familiar with the local soils conditions of the Coachella Valley. The overall direction and supervision of this contract will be under the direction of Mr. Sidor. Please see enclosed resume. Karl A. Harmon, - Operations Manager. Mr. Harmon has over eleven years of experience in the field of geotechnical engineering. He has worked on a multitude of roadway projects throughout the Coachella Valley. Karl is very familiar with the construction practices of the Coachella Valley area. He will oversee the technicians and supervise field operations for this project. Please see enclosed resume. Ernesto Lopez, - Senior Technician. Mr. Lopez has over thirteen years of experience on construction materials testing projects in the southern California desert. Mr. Lopez is an ACI certified concrete technician. Mr. Lopez is also certified for use with a nuclear densometer. Mr. Lopez has received training in Caltrans methods for sampling and testing of construction materials for quality assurance and is in the process of obtaining Caltrans Certifications. B (2) Subconsultant We do not anticipate any sub -consultant for this project. C. Project Understanding Southland Geotechnical, Inc. staff will provide the required construction materials testing and inspection services at the request of the City of La Quinta as outlined in the scope of 137 019 work section below. We have based our understanding of the project goals and requirements after review of plans and specifications for the project. D. Scope of Work Our professional and technical staff will provide the City of La Quinta the required services for the construction of Phase 1 Jefferson Street Improvements, Avenue 54 to Highway 111. Our scope of work will be provide at the request of City Inspectors and include the following: • Provide a qualified technician as necessary to conduct the density tests on roadway subgrade, aggregate base, asphaltic concrete, slope fill and trench backfill placement as required. The tests will be performed with a nuclear densometer in accordance with ASTM D2922 or sand cone in accordance with ASTM D1556. Maximum desntiy 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. • Technical Staff will submit non-compliance reports for any material that is out of compliance for this project. We will notify the City Inspector within 24 hours of sampling. Southland Geotechnical, Inc. is very qualified to provide the City of La Quinta with the required construction testing services proposed for this contract. We believe that our past and present project experience will assist the City of La Quinta with cost effective and efficient street improvements. We appreciate the opportunity to provide our proposal. Should you have questions concerning this proposal, please contact our office at (760) 36-0665. We look forward to the opportunity to work as a team member for this project. Sincerely, ut land Geotechnical, Inc. VnManager Karl A. Hamon Operations Manager 138 EOTECHNICAL7-7 EL CENTRO, BERMUDA DUNES, SAN DIEGO, CA AND YUMA, AZ Professional Experience: 1999-Present South/and Geotechnical Inc. Senior Geotechnical Engineer 1989-1999 Zeiser Kling Consultants, Inc. Project Manager 1984-1989 CHJ Geotechnical, Inc. Project Manager 1981-1984 Leighton & Associates Project Manager 1960-1981 Guy F. Atkinson Co. - Justin & Courtney Consultants - Pacific Gas & Electric Construction Manager Education: Mr. Sidor received a Bachelor of Science in Civil Engineering (construction major) in 1959 from the University of Illinois. He attended Washington State, UCLA, and Cal Poly Pomona part time from 1970 to present for various engineering and construction management courses. Registration: Registered Professional Engineer: California, RCE 24282, Arizona, 12077, and Nevada, 1819. Registered Geotechnical Engineer: California, 776 ICBO Certified Inspector: Reinforced Concrete, 0874185-88 Structural Masonry, 0879185-84 Experience: Mr. Sidor has 20 years of professional experience in all phases of an extensive variety of geotechnical projects in Southern California in addition to 20 years experience in construction/resident engineering on the west coast and overseas. Mr. Sidor is responsible for project management and cost control; supervision of field exploration and laboratory testing; engineering design and analyses; supervision of construction monitoring; preparation of proposals, specifications, and engineering reports; presentations; and market development. Mr. Sidor has vast technical expertise including analysis for slope stability, liquefaction, seepage settlement, spread footings, pile and caisson foundations, retaining walls and temporary shoring. Joseph R. Sidor, RCE, GE Senior Geotechnical Engineer Selected Project Experience: Reservoirs Raley Reservoir, 11.0 MG, City of Riverside Water Dept. Rice Canyon Reservoir, 1.5 MG, Elsinore Valley MWD Lockwood Reservoir, 5.0 MG, Western MWD Citrus II Reservoir, 7.4 MG, Eastern MWD Dams New Lake Arrowhead, 250-ft. high earthfill McVicker Cnyn, 50-ft. high earthfill, Lake Elsinore Elder Gulch, 40-ft. high earthfill, Highland Flood Control Channels Rice Cnyn, 4000 ft., Lake Elsinore Rialto Channel, 3500 ft., Rialto McVicker Cnyn, 6000 ft, Lake Elsinore Pipelines W. Lake Elsinore CFD 88-3, sewer and storm drain, Lake Elsinore Valley Blvd./San Bernardino Ave. trunk sewer, Fontana, Lexington Ave./Reservoir St. trunk sewer, Corona, Roadways Miles Ave. Realignment at Whitewater, Indian Wells Central Avenue Extension, 2,300 ft., Chino Canyon Crest Rd, 4,300 ft. extension, Riverside Route 60 widening, Ontario, Caltrans Grand Ave. and Lincoln St., 8,000 ft., West Lake Elsinore Bridges Central Ave./Chino Creek, 400 ft., Chino Valencia Ave./Santa Clara River, Santa Clarita Route 60/Deer Creek expansion, Ontario, Caltrans Industrial Plants Sunrise Plaza Cogeneration Plant, Palm Springs NOx Energy Project, Ontario, Ebasco Inland Container Corp., Paper Plant expansion, Ontario San Bernardino SUN Newspaper Plant, San Bernardino Buildings Civic Plaza Office, 4-story, The Irvine Co. Newport Beach Marriott Hotel Complex, Country Club Dr, Palm Desert San Bernardino Medical Center, 3-story, San Bernardino Quinta Sol Apartments, Desert Hot Springs, R.C.H.A. L.A. TIMES Headquarters Building, Laguna Niguel Land Development Black Bench Ranch, 2400 acres, Banning Snow Creek Cnyn, 800 acres, Palm Springs Eastlake, 2000 acres, Lake Elsinore Rancho Cucamonga Golf Course/Lakes, 375 acres Lake Arrowhead, 180 acres, Roy Forest Products Memberships: ASCE- American Society of Civil Engineers [COLD- International Committee on Large Dams ASFE- American Society of Foundation Engineers ICBO- International Conference of Building Officials 39 021 OUTHLAND� EOTECHNICAL= EL CE�=�JNDYUIVIA,AZ UDA DUNES, SAN D Education B.S. Geology (Engineering Geology emphasis) San Jose State University, 1988 Technical Seminars • Asphalt Institute, 1991 - Principles of Construction of Quality Hot -Mix Asphalt Pavements • 24 Hour HAZWOPER course in Hazardous Materials and Site Investigations required by OSHA 29 CFR 1910.120(e) Certification American Concrete Institute: ACI Concrete Field Testing Technician, Grade 1 Troxler Electronic Laboratories, Inc.: Nuclear Gauge Certification Radiation Safety Officer Certification City of San Diego: Certified Deep Foundation Inspector Professional Experience 1992 - Present Operations Manager Southland Geotechnical, Inc. 1991 Staff Geologist ICG Incorporated 1991 Staff Geologist STE Associates, Inc. 1988 - 1991 Engineering Technician STE Associates, Inc. Summary of Experience Operations Manager Mr. Harmon has over ten years of professional and technical experience in all phases of geotechnical projects, ranging from initial site investigations to inspection and testing of soils and materials during construction. Mr. Harmon supervises and inspects projects in the field and laboratory by observation, testing of field grading, monitoring pile driving operations, batch plant inspections, and concrete mix performances by ASTM standards. Mr. Harmon's responsibilities includes field grading observations and testing using Sand Cone and Nuclear Density methods, field testing and documentation of Karl A. Harmon Operations Manager concrete placement, and density testing of asphalt paving. He also performs various laboratory testing including moisture density, asphalt extraction/gradation, grain size distribution, consolidation, expansion, unconfined compression, sand equivalent, concrete mix design and concrete compression tests. Soils and Materials Mr. Harmon also has experience performing geotechnical investigations throughout Coachella Valley, Imperial Valley and southwestern Arizona. His involvement in projects includes logging of soil borings and exploratory trenches, cone penetrometer investigations, obtaining and documenting field samples, percolation and infiltration testing, petrographic analyses of aggregates and subsequent report writing. Selected Project Experience • Soils and materials testing for the Fred Waring/Whitewater River Crossing construction project, Indian Wells, California • Soils and materials testing and pile driving inspection for the Monroe Street Overhead project, Indio, California • Geotechnical investigation for design of the West Side Main Canal Lining Project, Imperial County, California • Geotechnical investigation and pile driving inspection for the Calexico Wastewater Treatment Plant Improvements, Calexico, California • Geotechnical investigation for the Meadows Road Bridge Widening at the All American Canal, Imperial County, California • Geotechnical investigation for the new Calexico City Hall, Calexico, California • Geotechnical investigation and infiltration testing for the Vista Chino Senior Apartment Complex, Palm Springs, California • Geotechnical investigation including borrow site assessment for the Shadowrock Golf Course and clubhouse facility, Palm Springs, California • Geotechnical investigation for the Desert Willow Golf Course and Resort complex in Palm Desert, California Professional Affiliations American Concrete Institute (San Diego Chapter), Member 140 022 OUTHL4ND=,#- EOTECHNICAL EL CENTRO, BERMUDA DUNES, SAN DIEGO, CA AND YUMA, AZ Certification Caltrans Certificate of Proficiency in the Sampling and Testing of Construction Materials American Concrete Institute: ACI Concrete Field Testing Technician, Grade 1 Troxler Electronic Laboratories, Inc.: Nuclear Gauge Certification Professional Experience 1990 - Present Senior Geotechnician Southland Geotechnical, Inc. 1989 - 1990 Quality Control Technician Harbert International Summary of Experience Mr. Lopez has worked on various projects, including military facilities, various county roadway improvements, airport expansions, County of Imperial Roadway Improvement Projects, and school projects throughout southern California. He has also performed technician duties for military installations at Naval Air Facility in El Centro, California. Mr. Lopez's responsibilities include field grading observations and testing (Sand Cone and Nuclear Methods), field testing and documentation, laboratory testing, documentation of concrete and density testing of asphalt paving, and supervision of construction monitoring. Selected Experience Mr. Lopez has performed soils and materials testing for various projects including: • Colmac Co -generation Power Plant • Electrical Substations • Geothermal Power Plant • Heber Geothermal Plant Expansion • Pace Store Warehouse • Albertsons Grocery Center • Blythe Shopping Center • Imperial Valley Housing Authority -various single family housing projects • Rancho Frontera Master Development • Southwest High School • San Diego State University Expansion • El Centro School Districts • William Moreno Junior High School • California State Prison • Centinela State Prison • Plum Oasis Reservoir and Z Reservoir • Laidlaw Hazardous Wast Facility • Water and Wastewater Treatment Plants -various cities in the Imperial Valley • Imperial Count Airport • Calexico International Airport • County Highway Bridge Projects • All American Canal Bridge Widening • 2MG Water Storage Tanks • 65-foot diameter Clarifier Storage Tank • Elementary School II, El Centro Mr. Lopez is also proficient at performing the following laboratory tests: • moisture density • asphalt extraction/gradation • grain size distribution • expansion tests • sand equivalent • concrete mix design • concrete compression • slump tests and air tests (pressure and volumetric) • maximum theoretical specific gravity tests 141 012, 09/20/1999 14:59 7603600521 SOUTHLAND GEOTECH PAGE 02 o r�o • N LT, r+l 4� Ow o N � 40 u Q �Q� V? .e9 Y . 4a a 78 W JIMA 1 xc� caw i 0 ® SSNna vanRdso — au0so QNriKinos r ti OOOSOL909L XVA TT:TT 66/02/60 142 024 09/20/1999 14:59 7GO3600521 SOUTHLAND 3EOTECH ='AGE 03 Y v 'A Q� 96 u9. �-+ C IV.� . z a 4 �-4 -*Ogg ch 41 INA CA) H ZOl SHKaa VgnR HQ "�• O�LO�J QNV'IHLf105 mm %vfta 4-4 000£O4£09L Xdd MIT SO/OZ/60 143 025 09/ 20/ 1999 14: 59 760:3600521 SOUTH_ANb :a`OT=':H P43E 04 ►. 00 � a O w c o u Cl .5za c � 0.5 �.; p O En r a QI o) con Inia Matinsas �� H,L039 awylMMS o00£OL£oaL Xt+3 TT:TT ea/oa/80 144 026 CITY OF LA QUINTA COST PROPOSAL SKEET REQUEST FOR PROPOSALS TO PROVIDE PROFESSIONAL MATERIALS TESTING FOR PHASE I JEFFERSON STREET IMPROVEMENTS AVENUE 54 TO HIGHWAY 1119 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. Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1110-20.0, WAGE RATES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. The City will furnish to the Contractor, upon request, a copy of such prevailing rates. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site. 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 $ 35.00 $ 840.00 2 Storm Drain HRs 16 $ 35.00 $ 560.00 3 Irrigation Line HRs 24 $ 35.00 $ 840.00 4 Water Line HRs 16 $ 35.00 $ 560.00 STREET IMPROVEMENTS 5 Curb & Gutter. Compaction Test HRs 60 $ 35.00 1 $ 2100.00 145 0 low 7 6 Spandrels Sub de Compaction HRs 40 $ 35•00 $1400.00 7 Spandrels Base Compaction HRs 40 $ 35.00 $1400.00 8 Roadway Sub de Compaction HRS 80 $ 35.00 $ 2800.00 9 Roadway Base Compaction HRs 80 $ 35.00 $ 2800.00 10, Roadway Asphalt Sampling/ Compaction HRs 100 $ 35.00 $ 3500.00 CONCRETE FIELD CASTING 11 Curbs, Spandrels, Misc. Concrete HRs 40 $ 35.00 $1400.00 12 Bridge Abutment HRs 40 $ 35.00 $1400.00 13 Bridge Foundations HRs 60 $ 35.00 $ 2100 LABORATORY TESTING 14 Moisture Density Relationship Soil EA 4 $ 95.00 $ 380.00 15 Moisture Density Relationship (Base) EA 2 $ 120.00 $ 240.00 16 Gradations(Base) EA 50 $ 70.00 $ 3500.00 17 Concrete Compression Tests EA 140 $ 13.00 $1820 00 18 Asphalt Extraction/Gradations EA 50 $ 160,0D $ 19 Asphalt Marshall or Hveem Density EA 2 $ 140.00 $ 280 00 PILE DRIVING 20 Inspection/ Observation HRs 80 $ 40.00 $3200.00 ADMINISTRATION & REPORTS 21 Staff Engineer/ Manager HRs 24 $ 60.00 $1440.00 22 Clerical support HRs 80 $ 30.00 $ 2400, Op Total Amount of Bid Items 1 - 22 $42,960.00 Attached herein is a detailed man-hour and fee breakdown for the tasks and sub -tasks defined in our subconsultant activities. Date Signed 146 028 Tit!t 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: October 5, 1999 CONSENT CALENDAR: ITEM TITLE: Adoption of a Resolution Granting STUDY SESSION: Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract 29122, MSG PUBLIC HEARING: Enterprises, Inc. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29122, MSG Enterprises, Inc. None. None. Tract 29122 is located on Laurel Valley, within the PGA West Development (Attachment 1) and consists of 9 residential lots (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 September 27, 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. A Subdivision Improvement Agreement (Attachment 3) has been executed by the developer; however, the associated securities have not been received. 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 (November 4, 1999), of a technically correct Final Map suitable for recording by the County Recorder with all required signatures except for the City Clerk. 147 T:\PW D EPT\C0U NCI L\ 1999\991005j. wpd 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. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29122, MSG Enterprises, Inc.; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29122, MSG Enterprises, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, C is A. Vo Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement OU2 T:\PWDEPT\STAFF\GUZMAN\TRACTS\29122cc.wpd RESOLUTION NO. 99- RESOLUTION OF THE CITY COUNCIL OF LA QUINTA GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT 29122, 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 Tract 29122 is conditionally approved provided the subdivider submits all required items on or before November 4, 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 149 subdivider has completed the following requirements to the City Engineer's satisfaction. 003 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 November 4, 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 5th day of October, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: REGENIA HENSLEY, Deputy City Clerk City of La Quinta, California APPROVED AS TO FORM: Dawn Honeywell 150 City Attorney 4 ATTAC um � a N O 1S 30?lN0lN o � cs m v oII 1S I NOSIGM Z CS I Q I tN o u h Lo h W W Z a :tS MENT 1 1-51 006 1 a ATTACHMENT 2 gill ins Irk. w�gb LJ p LU oLLIg�� g oe Oz N ; _file a- of S '14 U s � ot3' A Lu iIva I � gw� wi?Awi -11 it lt, �$ it4 aaz LL fil I < gill 10 It i 0 bd H w' O z 4 Q b w ygw� w O fil w r o +fig Of z W H N W z P 152 U • IT J CL Z U 53 8 CITY OF LA QUINfA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT TRACT 29122 THIS SUBDIVISION rIMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 5t�►%bcr 119 by and between MSG La Quinta Homes, LLC , a California Limited Liability Company, hereinafter re erred 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 Tract No. 29122 (the 'Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 15 4 T:\PWOEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29122.wpd Page '6 6 9 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to cant' out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or 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, oe 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). 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). 155 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29122.wpd Page 2 of 6 �t10�i 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 156 T:\PWJEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29122.wpd Page 3 of 6. Comlletion 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 fumish 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. 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, 157 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29122.wpd Page 4 of 6 012 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. 158 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29122.wpd Page 5 of 6 013 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 Date Date City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 MSG La Quinta Homes, LLC 20700 Ventura BLVD, STE 128 Woodland Hills, CA 91364 (818) 710-0911 Date Date 159 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29122.wpd Page 6 of 6 014 Exhibit A SECURITY - TRACT 29122 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as 'Participatory" have been or will be constructed by others and consists of infrastructure improvements located around the perimeter of the PGA West Specific Plan area required by the Specific Plan including: street, landscaped median, water, sewer, electric power, storm drain, perimeter landscaping, and perimeter sound attenuation wall installed after January 1992. Subdivider will not be held responsible for participatory improvements other than cost participation as outlined in the Conditions of Approval and herein. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Streets & Storm Drainage Offsite Participatory improvements' Monumentation Performance 42,468 37,440 2.300 Totals: $82,208 Labor & Materials 42,468 0 0 $42,468 This improvement item will be paid in cash, to the City for redistribution to the party who constructs the offsite improvements, prior to final acceptance of the tract improvements. The actual amount will not exceed $37,440 ($16,000/gross acre subdivided), but may be reduced to a lower amount if actual costs confirm a lower participation amount. 160 015 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of � Q -- 0 U County of On before me, fly DATE JJ AME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY BLIC" personally appeared f - O-O Yz C "- E'_ E_ , NAME(S) OF SIGNER(S) ❑ personally known to me - OR - E;'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 ac- knowledged 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 •"��i'hf REGENIA OFFICIAL SEAL LEY person(s) acted, executed the instrument. COMM. #1107991 Notary Public - California x , RIVERSIDE COUNTY WITNESS m hand and official seal. My Commission Ex Sires y AUGUST 7, 2�U0 / A AA SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) RILIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) S� i-Gt (0y r r46L [4000 T C DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT r7 NUMBER OF PAGES S— `" / !a DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7L84_ 016 TW�t 4 4 Qum& AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: October 5, 1999 r% CONSENT CALENDAR: ITEM TITLE: Adoption of a Resolution Granting STUDY SESSION: Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract 29349-2, KSL PUBLIC HEARING: Land Corporation Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29349-2, KSL Land Corporation. None. None. Tract 29349-2 is located east of Madison Ave., north of Airport Blvd., and west of Monroe St. (Attachment 1) and consists of 19 residential lots (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 September 27, 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. A Subdivision Improvement Agreement (Attachment 3) has been executed by the developer; however, the associated securities have not been received. 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 (November 4, 1999), of a technically correct Final Map suitable for recording by the County Recorder with all required signatures except for the City Clerk. 162 TAPW DEPT\COUNCIL\1999\991005k.wpd 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. The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29349-2, KSL Land Corporation; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29349-2, KSL Land Corporation; or 2. Provide staff with alternative direction. Respectfully submitted, 45� /1, r Chris A. Vogt Public Works Director/City Engineer Ap roved for submission Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 163 0U2 T: MDEMCOUNCIL\1999\991005k.wpd RESOLUTION NO. 99- RESOLUTION OF THE CITY COUNCIL OF LA QUINTA GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT 29349-2, 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 Tract 29349-2 is conditionally approved provided the subdivider submits all required items on or before November 4, 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 164 subdivider has completed the following requirements to the City Engineer's satisfaction. 003 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 November 4, 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 5th day of October, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: REGENIA HENSLEY, Deputy City Clerk City of La Quinta, California APPROVED AS TO FORM: 165 Dawn Honeywell City Attorney 004 H w w m z 0 In TRACT NO. 2934RA?„ AVENUE 54 TRACT NO, aaaava vas a a.nv v ♦ Mav" AVENUE 54 ENT 1 H w w 04 m OR 0 x z 0 VICINITY MAP ltib NOT TO SCALE I 006 NTI 2 116'7 007 9 i bil b If of Jill i� i� oil its 9a b R d l lot a,�iR d� � a R ! $ eI ran ! fill jib bi 6 isa11'i ml 111181l; f::1 11 01 11 W,: 01 S dcq cm_ �q* cri 01 CQ s O� xBell I s�s s oil, lipse . gig y =� fii Ti lb ill sal : l R� aaVRII I E w[ arr OF u GEES aS W W RS MM Swrr W MUM M TRACT NO. 29349-2 ENwSr A ENEGEN a U RSE EN T 1 101 s. STd� AS ENVIES W 111W N06 SIM U wm E RooN . li TRSQ wEEuaT . ENaNErE a wrs E w[ p S► wE amm soma BNwoc awSRTT. aMMMEL WOVEr sWAs rocs .crcMo --------1-----------, �—.cvn--------------------------------mm --- Mar Mrco -------------il. Mr V4 aawt laMlM f v M=1Mcr Mlwl LOT D 1� riiM1A E mOa IAA �M 1 am COURSE 11NIIMi1'-TT21 '3; 31� WY-m T�1 l 4T r- r�MMM TRACT NO. 2"36 Mik GORE COURSE 26 I T6 n GOLtCOURSE 241; v36 1 it ---�--- ---------------t-i mnm, w low e►u aves ' � r slrws AIR aaa s MrM� >trdrw0.:rrM M+ fof/A+r LIMA cA Mv m lA as MM ][4 ►Y rYf Myt}a a YT v°�iac MiM, n v ww wef ro tuq ra aypar LOT TRACT NO.29347 SLR. GOW COURSE 41 0 TRACT NM "M MA GOV COURSE 2S BOULEVARD •Marta rMrs aas a Mc mr Mr. ! MANL ssr 3 a s EN�Ts �jL .. O—rwDQ tt f V. aMw IA MM. MM1 arcs awE Maas f MM MML wMd m an MMM a A m M aoc w c,t 1M7 M Goo= a r MF.waR to �� 1 KWN AWL IR OM1MK VIM R MG; NIA% rJG71Mf AW A M w01 Ar M rs arw IrwMM = MWditwa8al&LWMMM WM 1r E W R ALL aasrc � &&% FAf oMF MM—MIs wa s MWA. MrMlr a ��MMMMMA M w FeMA Mr IaMr M MMM PALWK MA r�Mi < N racrs MC t WL MM w, 2w u IWP4% ars aMMaF Mea ws wrx arMMM ■ arawa Mw wM wrF m lm Aaw M we arcs awl MMar AR rr a w>: aMMMAM '� 1 d' Mad aMf aMa N rclat Isrf MM1 MM I I ti w IG wa Ar Mew a Fra all Mw v-m a' W wn MiOMMr v .uwm 11 I i i..lit 0 Nil CD scv* s� �cx 9 IC I — L- - as --------------------------------_ F 133da NOSH" — M1 _ Aar—Xr. — — ,�0 70 010 MMOWau SAM_ sit artmIl Tft - z 0.29,348°raiaM► s 3 wait »M war e swo Ls 4 I II ( 11 3 I� 11 Pr �l w' @am "%< ?4 YRACt No. 29,36 am i or � mum M-�fN�A«M�� A tow doom 26 TRACt No. MM K �• as ' aoyF r,eo 33 82 a81aSod 401 40147 fa t0 20 Z1 171 011 R 11 N 11 MI i9 2 x _ i� - _ "- aw1Sl 9063 'ON 1OVIU NO 04 CITY OF LA QUR-TrA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT Tract 29348-2 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this 25th day of September 11999 , by and between KSL Land Corporation, a Delaware Corporation hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or 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 Tract No. 29348-2 (the "Tract") pursuant to the provisions of Section 66410, et se . 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. E. In addition to the improvements required by the Conditions of Approval for Tract 29348-2, it is the desire of Subdivider to acquire, by transfer, the obligation to construct certain additional offsite infrastructure improvements which are currently an obligation of underlying Tract 29136. The location of these additional improvements is depicted on Exhibit "B". NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting'the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A"and "B", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a .period of one year following the completion and acceptance of the Improvements. Subdivider shall fumish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City i1 "7 3 successfully enforcing the obligations thereby secured. J13 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29348-2.wpd Page 1 of 6 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, 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 3.13., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 174 014 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29348-2.wpd Page 2 of 6 2) For liens on real property as described in Paragraph 5) of SECTION 3.6., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable 1.7 5 to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fift015 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29348-2.wpd Page 3 of 6 Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective woN 6 or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29348-2.wpd 016 Page 4 of 6 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. 1'7'7 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29346-2.wpd Page 5 of 6 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 Tit By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29348-2.wpd City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Date KSL Land Corporation, a Delaware Corporation 55-920 PGA Blvd. La Quinta, CA 92253 (760)564-7166 Date i, A. - Date Date Date 178 018 Page 6 of 6 . Exhibit A SECURITY - TRACT 29348-2 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. The "Engineering & Plans" security will be released when the City has possession of complete, approved, original plans, signed and sealed by a design professional(s), for all required improvements. The "No -Plan Contingency", which may be utilized for any listed item or for other cost found necessary in the design or construction of the required improvements, may be released in whole or 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 separate from and in addition to the reductions discussed below. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Streets & Storm Drainage 293,849 293,849 Domestic Water 295,455 295,455 Sanitary Sewer 194,442 194,442 Electrical 107,250 107,250 Monumentation 4,820 0 Construction Subtotal: $895,816 $890,996 Engineering & Plans (20% of Construction) 179,163 No -Plans Contingency (25% of Project) 268,745 Total: $1,343,724 179 019 a t C L 0 Z W CD W J /• CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 11 County of� l a� ss. i r S t C� On `�'� �1 before me, c-tk ( k k Ac Date Name and Title of Offloer (e.g., "Jane Doe, Notary ublic") personally appeared .604 personally known to me 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. W ESS my hand and official seal. ( ► n (V Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document 'II Title or Type of Document: y �- Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ■ ■ ■ Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 181 AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: October 5, 1999 CONSENT CALENDAR: ITEM TITLE: Adoption of a Resolution Granting STUDY SESSION: Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract 29349-1, KSL PUBLIC HEARING: Land Corporation Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29349-1, KSL Land Corporation. None. None. Tract 29349-1 is located east of Madison Ave., north of Airport Blvd., and west of Monroe St. (Attachment 1) and consists of 34 residential lots (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 September 27, 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. A Subdivision Improvement Agreement (Attachment 3) has been executed by the developer; however, the associated securities have not been received. 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 (November 4, 1999), of a technically correct Final Map suitable for recording by the County Recorder with all required signatures except for the City Clerk. 180 TAPW DEPT\COUNCIL\1999\9910051.wpd 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. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29349-1, KSL Land Corporation; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29349-1, KSL Land Corporation; or 2. Provide staff with alternative direction. Respectfully submitted, 'L Chris A. Vogt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 183 T1PW DEPT\COUNCIL\1999\9910051. wpd RESOLUTION NO. 99- RESOLUTION OF THE CITY COUNCIL OF LA QUINTA GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT 29349-1, 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 Tract 29349-1 is conditionally approved provided the subdivider submits all required items on or before November 4, 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 184 subdivider has completed the following requirements to the City Engineer's satisfaction. 003 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 November 4, 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 5tn day of October, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: REGENIA HENSLEY, Deputy City Clerk City of La Quinta, California APPROVED AS TO FORM: Dawn Honeywell City Attorney 185 004 TRACT NO. 2934�rI�, AVENUE 54 i ITD A /`T A1r1 H W W E♦ w z 0 AIRPORT BOULEVARD i AVENUE 54 VICINITY MAP NOT TO SCALE MEN 1 1 E♦ W W W E♦ w W O a z 1:0 I I ias 006 FA � � • � ll�g��y� �p � " � � a�� a ��jtpee r ■4 —..�I� • o--------- - 133a s 30MMOM - -- cwM+e R ; /j �aI�I�+i}yI'�'I"q�I�'Ii31�I�1M�1 1_LJ_L-L.'L. 1 1 �� L_L.1-LJ_L�Q ��1SA� 111 11 ipffl s !E = I-� � g I-��,1►� � I I F�'�1 110 _ In aIM CQ � u 1' IRA rr 1 1 1 , fill • = d � �� ii � 3 i`�I = 11 if's 112 aai ourx Inns 140910" 18 00 V 11- 2 IMIN � � o pp Q ►w � N� � s R h � i s � � C � s h y \ 'L I 4.-1---------- - 133VJS NOSIGVM 190 u10 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT Tract 29349-1 ATTACHMENT 3 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this 25th day of September 1999 by and between KSL Land Corporation, a Delaware Corporation hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or 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 Tract No. 29349-1 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. E. In addition to the improvements required by the Conditions of Approval for Tract 29349-1, it is the desire of Subdivider to acquire, by transfer, the obligation to construct certain additional offsite infrastructure improvements which are currently an obligation of underlying Tract 29136. The location of these additional improvements is depicted on Exhibit "B" NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A" and "B", 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. T:\PWDEPT\STAFF\GUZMAN\TRACTSkAGREEMEN.TS\29349-1.wpd Page 1 of 6 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, 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 3.6., which require the establishment of evidence of the reliability of the surety or financial institution, l the administrative fee shall be One Hundred Fifty Dollars ($150.00). 012 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29349-1.wpd Page 2 of 6 2) For liens on real property as described in Paragraph 5) of SECTION 3.6., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Reauired. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable 193 to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29349-1.wpd Page 3 of 6 Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 194 014 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29349-1.wpd Page 4 of 6 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 parry 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. 195 015 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29349-t.wpd Page 5 of 6 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: 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 KSL Land Corporation, a Delaware Corporation 55-920 PGA Blvd. La Quinta, CA 92253 (760)564-7166 9 r�'i' Datd Date Date Date 199 916 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29349-1.wpd Page 6 of 6 Exhibit A SECURITY - TRACT 29349-1 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. The "Engineering & Plans" security will be released when the City has possession of complete, approved, original plans, signed and sealed by a design professional(s), for all required improvements. The "No -Plan Contingency", which may be utilized for any listed item or for other cost found necessary in the design or construction of the required improvements, may be released in whole or 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 separate from and in addition to the reductions discussed below. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Imorovement Description Performance Labor & Materials Streets & Storm Drainage 293,812 293,812 Domestic Water 228,448 228,448 Sanitary Sewer 111,848 111,848 Electrical 93,500 93,500 Monumentation 4.340 _ 0 Construction Subtotal: $731,948 $727,608 Engineering & Plans (20% of Construction) 146,389 No -Plans Contingency (25% of Project) 219,584 Total: $1,097,921 197 017 0 I) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of l l% e V" '� ss. On - before me =U Date J Name a personally appeared /` Y Y y E A L JUDITH A. MC NALLY Commw;ion #1213206 Notes PubliC - Cdff Mb riverside Courth 1, 2003 My Comm. tires � NA i i r e i'r personally known to me ❑ 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. 7NESS my hand and official seal. t I hlLd��_ Place Notary Seal Above Signature of Notary P lic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ®1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 019 T4ht 4 4Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: October 5, 1999 CONSENT CALENDAR: ITEM TITLE: Adoption of a Resolution Granting STUDY SESSION: Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract 29348-2, KSL PUBLIC HEARING: Land Corporation Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29348-2, KSL Land Corporation. None. None. Tract 29348-2 is located east of Madison Ave., north of Airport Blvd., and west of Monroe St. (Attachment 1) and consists of 39 residential lots (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 September 27, 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. A Subdivision Improvement Agreement (Attachment 3) has been executed by the developer; however, the associated securities have not been received. 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 (November 4, 1999), of a technically correct Final Map suitable for recording by the County Recorder with all required signatures except for the City Clerk. 20.0 TAPW DEPT\C0U NC IL\ 1999\991005 m. wpd 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. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29348-2, KSL Land Corporation; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29348-2, KSL Land Corporation; or 2. 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 . Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 201 002 TAMDEMCOU NC IL\ 1999\991005 m. wpd RESOLUTION NO. 99- RESOLUTION OF THE CITY COUNCIL OF LA QUINTA GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT 29348-2, 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 Tract 29348-2 is conditionally approved provided the subdivider submits all required items on or before November 4, 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 2 0 2 satisfaction. 003 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 November 4, 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 5tn day of October, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: REGENIA HENSLEY, Deputy City Clerk City of La Quinta, California APPROVED AS TO FORM: Dawn Honeywell City Attorney 203 004 ATTACHMENTS �,, 005 w w cn z ul 9 TRACT NO. 2934��„EN�, AVENUE 54 TRACT NO, 29348-2 � MA AIRPORT BOULEVARD AVENUE 54 VICINITY MAP i 2�os NOT TO SCALE ATTACHMENT 2 log fill Coe p sr1°x02 CIO ab b r br st; i low, AN itd lop IN off If 1 1 _ 2 6 ib I all e ll aaR it 1 11 20 0 r go poll will 1i Vol �E N N Rl�I �R, �f l�IM� � !� i■ �s m • O .. v R i g te��IHIpIpIN'10'SO'��' R-€�IRI�1191RiR1LiR----�i 1 LJ-1'-LL 11 1 �o MIaa nr ;i I u LIFE •I IJL / i ♦ '��__scs�J 1�� I; ig 1 tail �11+11 I�yy r CITY OF LA QUINTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT Tract 29349-2 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this 25th dayof September ' 19 99 f by and between KSL Land Corporation, a Delaware Corporation hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or 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 Tract No. 29349-2 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. E. In addition to the improvements required by the Conditions of Approval for Tract 29349-2, it is the desire of Subdivider to acquire, by transfer, the obligation to construct certain additional offsite infrastructure improvements which are currently an obligation of underlying Tract 29136. The location of these additional improvements is depicted on Exhibit "B". NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A" and "B", 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 Securitv. 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. 210 11 T:\PWDEPT\STAfF\GUZMAN\TRACTS\AGREEMEN.TS\29349-2.wpd Page 1 of 6 B. Improvement security shall conform with Section 66499 of the California Government Code and one ar more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, 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 3.13., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 211 01 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29349-2.wpd Page 2 of 6 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable 12 to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fif T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29349-2.wpd Page 3 of 6 Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance Shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 014 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29349-2.wpd Page 213 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 parry 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 parry in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. 015 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29349-2.wpd Page 5Z 14 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. Kam - Title: ` 1 L-6� By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Date KSL Land Corporation, a Delaware Corporation 55-920 PGA Blvd. La Quinta, CA 92253 (760)564-7166 Date Date Date Date 016 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29349-2.wpd ,. P27 his Exhibit A SECURITY - TRACT 29349-2 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. The "Engineering & Plans" security will be released when the City has possession of complete, approved, original plans, signed and sealed by a design professional(s), for all required improvements. The "No -Plan Contingency", which may be utilized for any listed item or for other cost found necessary in the design or construction of the required improvements, may be released in whole or 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 separate from and in addition to the reductions discussed below. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Streets & Storm Drainage 405,534 405,534 Domestic Water 232,249 232,249 Sanitary Sewer 233,420 233,420 Electrical 159,500 159,500 Monumentation 6,860 0 Construction Subtotal: $1,037,563 $1,030,703 Engineering & Plans (20% of Construction) 207,513 No -Plans Contingency (25% of Project) 311,269 Total: $1,556,345 216 017 • -7-� ma 2ghimmuRIMM lmdom, -n- .2 NW I'li 0 it w7rrT:�i a r a CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I County of 1��ratC�C, ss. OnA " , before me, Jg k, h ,' f A f q Date Name and Title of Officer (e.g., "Jane Doe, Notary Publi ") personally appeared ci.Y r JUDITH A. MC NALLY Commission # 1213208 Notcry Public - C fflfomla z fr!iverside County My comm. F2irm Apr 1 t•2003 E ),I0_i] /lip✓ Name(s) of Signer(s) personally known to me 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. ITNESS my hand and official seal. 0 ,Ar A�Z� Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: _t Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ® 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 - 218 91.9 c&t,,, 4 4 Q" COUNCIL/RDA MEETING DATE: October 5, 1999 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract 29348-1, KSL Land Corporation AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /D STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29348-1, KSL Land Corporation. None. None. Tract 29348-1 is located east of Madison Ave., north of Airport Blvd., and west of Monroe St. (Attachment 1) and consists of 58 residential lots (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 September 27, 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. A Subdivision Improvement Agreement (Attachment 3) has been executed by the developer; however, the associated securities have not been received. 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 (November 4, 1999), of a technically correct Final Map suitable for recording by the County Recorder with all required signatures except for the City Clerk. 219l T:\PW DEPT\COUNCIL\1999\991005n.wpd 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. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29348-1, KSL Land Corporation; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29348-1, KSL Land Corporation; or 2. 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. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 220 T:\PWDEPT\STAFF\GUZMAN\TRACTS\27519cc\29348-1 cc.wpd 002 RESOLUTION NO. 99- RESOLUTION OF THE CITY COUNCIL OF LA QUINTA GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT 29348-1, 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 Tract 29348-1 is conditionally approved provided the subdivider submits all required items on or before November 4, 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 the221 subdivider has completed the following requirements to the City Engineer's satisfaction. 0" 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 November 4, 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 5tn day of October, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: REGENIA HENSLEY, Deputy City Clerk City of La Quinta, California APPROVED AS TO FORM: Dawn Honeywell City Attorney 222 004 TRACT NO. AVENUE 54 (TRACT NO. H w w m z O M 2934,A,AIMENTI I H w w V w O V4 z O tuicrvna DV VLL �G11rL I I AVENUE 54 VICINITY MAP NOT TO SCALE 006 OR s lot !"ig ! s �6 0ba_ s MCQ bC; !Z � t; H lob !s s b � _ 008 will if's N IN A 113� a Y 11 i o :. .A. 1339 "a "OOO JX i u r, . •�. Ill �� ►i i !E t: jia, ; % r,,- I B�,sil- -122� 009 M w ON a IA a mm oo w w mdmm a w alua TRACT NO. 29348-1 e A � W M R e► 10. 11. It M to a s N MW Mk MA AB� e1 coax . Ryes wwaal . eeaws w wa ■ Im mm a Im amm mom wive[ comm, a omm m aoMular leele4 tw � N 21 TRACT NO. "06 M.B. �N r I 10 16 1 � 1 r xMt r.er W I d l / Gov coa�c & • \ / 26TRACT • �J a NO. 29MMJL Cmtvc TAIL[ aver a o La lea 11 Am I 12 9 R 15134 a 4a4s was m- A"ww »war m w w � ��w r> m wf: ow 0 21 TRACT NO. 29136 M.B. �rsc /i we is E LOT A 1a aw ool�c WXW 41 TRACT NO. 29348 171011 Md 4 WAMW 1a a row .. ! vow 1M. ws .. VWWI of mw sw Er 1 !wD /r OD IN - f wow r w w _ • \ WW DEER PARK - Y-30 -- _— N, 13 23 24aw TRACT NO. 29136 TRACT NO. 29136 \ / // M.B. Ms. ' 2 7 CrrY of LA QUWrA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT Tract 29348-1 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this 25th day of September , 1999 , by and between KSL Land Corporation, a Delaware Corporation hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or 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 Tract No. 29348-1 (the "Tract') pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act'). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. E. In addition to the improvements required by the Conditions of Approval for Tract 29348-1, it is the desire of Subdivider to acquire, by transfer, the obligation to construct certain additional offsite infrastructure improvements which are currently an obligation of underlying Tract 29136. The location of these additional improvements is depicted on Exhibit "B" NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall fumish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A" and "B", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall fumish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. 228 Oil T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29348-1.wpd Page 1 of 6 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, 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). i29 �l n w T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29346-1.wpd Page 2 of 6 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty 30 01i T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29348-t.wpd Page 3 of 6 Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 231 014 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29348-1.wpd Page 4 of 6 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. 232 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29348-l.wpd Page 5 of 6 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: Reviewed and Approved: City Engineer Approved as to Form: City Attorney T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29348-l.wpd City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Date KSL Land Corporation, a Delaware Corporation 55-920 PGA Blvd. La Quinta, CA 92253 (760)564-7166 Date Date Date Date 233 616 Page 6 of 6 Exhibit A SECURITY - TRACT 29348-1 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. The "Engineering & Plans" security will be released when the City has possession of complete, approved, original plans, signed and sealed by a design professional(s), for all required improvements. The "No -Plan Contingency", which may be utilized for any listed item or for other cost found necessary in the design or construction of the required improvements, may be released in whole or 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 separate from and in addition to the reductions discussed below. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Streets & Storm Drainage 185,255 185,255 Domestic Water 112,574 112,574 Sanitary Sewer 67,892 67,892 Electrical 52,250 52,250 Monumentation 2,420 0 Construction Subtotal: $420,391 $417,971 Engineering & Plans (20% of Construction) 84,078 No -Plans Contingency (25% of Project) 126,117 Total: $630,586 J7 j23 4 V + P,! as so WH hIN I 0 0 lw'�§Wllt LaRRIVIA me I I -0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Vl ss. On "1- -� G/ before me, Date Name and Title of Officer (e.g., "Jane Doe, Nota Public") personally appeared 1-a `r r H Name(s) of Signer(s) JUD(TH A. MC NALLY ;:,r Commission #1213200 Notary Public - Califorrd0 Z Frivefside County My Comm. tires Apr 11,2M3 Y personally known to me ❑ 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. TNESS my hand and official seal. 1117-�, aim Place Notary Seal Above Signature of Notary Public T_ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ,II Title or Type of Document: f -5 i Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 1997 National Notary Association " 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 qI9 TW!t 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: October 5, 1999 CONSENT CALENDAR: ITEM TITLE: Adoption of a Resolution Granting STUDY SESSION: Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract 29347, KSL Land PUBLIC HEARING: Corporation Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29347, KSL Land Corporation. None. None. Tract 29347 is located east of Madison Ave., north of Airport Blvd., and west of Monroe St. (Attachment 1) and consists of 39 residential lots (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 September 27, 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. A Subdivision Improvement Agreement (Attachment 3) has been executed by the developer; however, the associated securities have not been received. 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 (November 4, 1999), of a technically correct Final Map suitable for recording by the County Recorder with all required signatures except for the City Clerk. 237 TAMDEMCOU NC IL\ 1999\991005o. wpd 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. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29347, KSL Land Corporation; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29347, KSL Land Corporation; or 2. 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 . Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 238 002 TAPW OEPT\COU NC IL\ 1999\9910050. wpd RESOLUTION NO. 99- RESOLUTION OF THE CITY COUNCIL OF LA QUINTA GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT 29347, 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 Tract 29347 is conditionally approved provided the subdivider submits all required items on or before November 4, 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. 239 003 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 November 4, 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 5tn day of October, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: REGENIA HENSLEY, Deputy City Clerk City of La Quinta, California APPROVED AS TO FORM: Dawn Honeywell City Attorney 240 004 w w m z 0 m 0-4 TRACT NO. 2934T I ACHME T 1 I AVENUE 54 I TRACT NO, 1111M1 V lb 1 1J V V LiJ • ZLLV" AVENUE 54 VICINITY MAP NOT TO SCALE 241 006 ATTACHMENT 2 all lot Vol jibs R� � x'Wit s Vii� a �riv R� �s 1aR Rt� 11 xyiRE �`se g R � M Um � ll a H � ii II ss N fib b hil to 6 CV3 ce ECM! R = a _o R IZNI� x lap j e !a 6 bib IV 1A ! 1 p a • [fill S Jill 01;1 gill R3 a I EM6IR pill , 6F� x WIN V1.1� v of $I i pri lQ d 9 d 9 43 -008 r N IM AY OF u aAq cfl W OF ■ UML fig: a CWow TRACT NO. 29347 f■O A � d WO 14 1% >R = m 1gOf in fN71L N � N i001I R IIIO 1Npllfi . /OINK W 111� N M �� I an or IM Moor fiMEM IfAOgN COUit: WUMK •—•mas t1Am t Iruwrs ML tear► rn • WIM scut► • wr+e[ m — — — — — — — — — — — — — — — — — — — — — — — — — — — — — ff Lr,.ra w mlaacA aluo 1••r � 1 lal mars 17frlr taros Sel� aAOw mum a% l0f C 11 i ' ` IaA 1234 1 i s I iVie� La NI►111w r rs wt >tatr u N•at rlrt al A lw nr mum uwrmmaarmmere LL ml I'vmr°�ae 06W WAI WN rl m mr1R d!1 R ass III; IJa! 11a A aa6 rO m; R m m■r Um, ! 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C/ mu a1lm�fm FL I. u tt r I71Ay s„w M lcI1MIM 1 I I �f � 1 I 0 ar lllr arrm rml A� rsa 11 N � � d � I v � � � �� flgi f► Mgr 1 I � 1 4YYttt laffl— E am[ cow Gu"M ii 10 i-L--------� 1 r--TURNBERRY delve �s.�._ _ uf.v ° Ow COMS r� fl 11 Lsfg f ` jIJ L�-==a--7 =— --- = =_ — -fl -----------e-------------------------E-------- - -- �'► •vim- ams -ams� ---------------- a ryK MW mL.9 AIRPORT VOOULEVARD weiYs ,/A v �q as v 1? �, �1{I aola,rir mrrl r wn, itra �16s ,rl r dw 'a�a 1a g r� MOM Y A ►JIl Iyb N rRic ,•r,�iJLL gia}r • O 71• m 1r !/ M= ar w u a■w ooUllr w NCR M w � 0= 4 w•• TRACT N0, 29347 A � w ION 14 14 ML a Me mNaM ION • Me 1L K >fU0N1 N VAW Mu sm M A M MpI . M' I 1lwllal 'M WY M S M CO■IL1N TRACT NO. 29M KL curvc rnsLs an w■amItr 1 rww B ■1/ rI e rw w sos us a ow w rn ■r 4 wrr v w a! wrw ■i IY1I !1i i WNW !{i ■! oft T Kww MW w AMM tIM sw a Og101 Lf 21 SHERWOOD DRIVE-.. LOT A n■ a I--F+I�I►�'� 22 — 1 1 I�p S 41 1 II�•W � rrt 1 11 � ,, I -LOT D 10 m 1 1 1 I FNiM M=i V7L! -- - - -._ DEEER PARK TRACT NO. 2nM MJLU l� r■�s A tA■ IM lows ■r■loi■Q�■ew w M aoman=� SUE N.O' Q}=■A/ gjwff w Mt wtiww smiIM� 4 �C N 45 io NwcmdIASam =MYwmom NMdauwm !NR M0fM TRACT NO. 29347 IL 1 .• v ►r MN A! M m K m jk s IM I v NN 1� N NINN M M� w.l, ►ra Ib NtIN< N It! N . R IMF 1N01�1 . �IAK a Nrlf N 1t r r anoc v 1N OM•II NONMti I•Nrs aNr•K a•aNn • ro LOT A LOT I•• ao~u� wia► no m s a �s�n• — r -- wa ws rrsllsmr — — — — — SFiE10f(m DIM � 1 ! i 4 0 a 7 i 0 10 1t LOT 33 12 13 14 /8 1• 17 10 q LOT 16 1 1t I 1 20 I I I CURV[ TAU[ 1 �• I ■ as . s at w 1 •sv w �rI 21 t W .sr e .vlr w rr v ...►e .rr. w • 4rw Imr %w .I o s •I1t1I r 7w % mr i ws TRACT NO. 29136 22 I r"ri � tl[ • .+nr r� .r newM'e` t I t Z3 p I z 41 u 01 �a I I � i !d■!� LOT 22 M I I � I�rd0rie w'rr�w a a� �i. rsa •I.ra I � 26 GI- Aar�'yilwo101Is w ;I I + 27I t I I wi�wRrv�ww � �i 1 I I s• ` ■.ww •aa LOT 12 ; s � � • r rr ell s WAY I tw �T • s� sll�r i — I Far j�.J N W CM W IA datlw GUM W ■mot NM 4 oil/ TRACT N0. 29347 t# A W M ft 1% ft s m lO� M 0,0 % N � W wwo► Mt ma N " N toot . R I wwolm . MIIlift w Illml a wt a� a► ws aolMr N90MM. It�wot mm am=& t# OOaLwlr Imm "m W = Mttis LIMN M w'W ISI* L o LOT C I 1411, Wv SW CID ti OT �B LOT I III ? I I 1 m TURHQFRRY1AW Y NNS se I W I / 1 34 I O L, I I st r 31 I 1 DETAIL — M It salt TRACT NO. 29136 r"1 w - f aw 41 SMSi1 ■ am ri. re Ii w ■ ai rm Inuffulsom r...e m w I tilt v t S'II am .N' iY 2w Kf1 . i!! . = .II rr no w i ..s on, i ?4w Nor aw v IS�R SS► 4S1�I SYt O SDI N S'1S dr . = SII MI AV Ss S/ i fOr av i = N� O SSI aI 7 Mw N i ~ Sr SI MOP III i! . evs rr . = O/ COMM; NI.! S/ I '" .n i vSI .S/ v m 0 sir 44 I . us .Ir iI No !I . ss�r s . r.v III •N� NI i W39W SN/ SI sm 6/ SlI f .'Nn rs aI► sw S www mw AID M Sf .M' S rss rn. . IOP SI ws vw v of . Sw III it SUP ■ rww ws it w7 N. TV sw w 3mwa r ss r- 3 of 0 36 IOC 1 1 I 1 36 I 37 '1 I I —+ 3t1 aw i � s 1� 1 '�.`�1� I 11 I I I II I �I ---------------------- AIRPORT BOULEVARD gal I I I I 1 I I I 1 I I � I I I 1 I I I 1 CITY OF LA QUMA SUBDIVISION IMPROVEMENT AGREEMENT Tract 29347 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this 25th dayof September ,1999 by and between KSL Land Corporation, a Delaware Corporation hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or 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 Tract No. 29347 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. E. In addition to the improvements required by the Conditions of Approval for Tract 29347, it is the desire of Subdivider to acquire, by transfer, the obligation to construct certain additional offsite infrastructure improvements which are currently an obligation of underlying Tract 29136. The location of these additional improvements is depicted on Exhibit "B". NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A" and "B", 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 tows "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. 248 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29347.wpd 01`' J Page 1 of 6 1 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or 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). Q l� T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29347.wpd Page 2 of 6 2) For liens on real property as described in Paragraph 5) of SECTION 3.13., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit'said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred F5 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29347.wpd Page 3 of 6 Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 016 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29347.wpd Page 4 of 6 I 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 parry. 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. 252 017 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29347.wpd Page 5 of 6 M 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: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Date KSL Land Corporation, a Delaware Corporation 55-920 PGA Blvd La Quinta, CA 92253 (760)564-7166 By: Date/ Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date 253 018 T;\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29347.wpd Page 6 of 6 Exhibit A SECURITY - TRACT 29347 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. The "Engineering & Plans" security will be released when the City has possession of complete, approved, original plans, signed and sealed by a design professional(s), for all required improvements. The "No -Plan Contingency", which may be utilized for any listed item or for other cost found necessary in the design or construction of the required improvements, may be released in whole or 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 separate from and in addition to the reductions discussed below. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Perfo_ rmance Labor & Materials Streets & Storm Drainage 462,780 462,780 Domestic Water 362,142 362,142 Sanitary Sewer 214,572 214,572 Electrical 107,250 107,250 Monumentation 4.940 0 Construction Subtotal: $1,151,684 $1,146,744 Engineering & Plans (20% of Construction) 230,336 No -Plans Contingency (25% of Project) 345,505 Total: $1,727,526 25.4 019 0 o � �, •+�i�� _ / � `' _ 1 it 0 it �I a i, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California t County of I t 1 e r S i ss. On _�__ �, a — 7 q , before me, 4. C 1 O / Date Name and Title of Officer (e.g., "Jane Doe, Notary ublic") personally appeared ai( � Y Y' F A I/ ; T e I - JUDITH A. MC N LLY Commission # 1213208 Notory Public - CalHornb Riverside County My Comm. i qYm Apr 11, ZiZXi Names) of Signer(s) l personally known to me proved to me on the evidence basis of satisfactory 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. 7TN;ES:S my hand and official seal. 1. Place Notary Seal Above Signature of Notary Pubic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Number of Pages: ❑ Individual • ElCorporate Officer — Title(s): Top of thumb here ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: w 1 air 11auvnai -wry r zsociauon " aaau ue soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 256 021 TitT 4 4 Q" COUNCIL/RDA MEETING DATE: October 5, 1999 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract 27519, Century Homes AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 14— STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 27519, Century Homes. None. None. Tract 27519 is located on the west side of Dune Palms Road north of Westward Ho Drive (Attachment 1). Tract 27519 consists of 70 residential lots (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 September 27, 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 a result, staff has prepared the attached Resolution which provides for conditional approval of the Final Map. The approval is contingent upon receipt, within 30 days (November 4, 1999), of a technically correct final map suitable for recording by the County Recorder with all required signatures except for the City Clerk. 257 T APW OEPT\COU NCI L\ 1999\991005i. wpd Once this item is 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 Council consideration only after all required items have been received. The developer has demonstrated to City staff and the City Council sufficient progress has been made with the documents required for conditional Final Map approval. The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council granting conditional approval of a final map and subdivision improvement agreement for Tract 27519, Century Homes; or 2. Do not adopt a Resolution of the City Council granting conditional approval; or 3. Provide staff with alternative direction. Respectfully submitted, -// / � Chris A. Vogt" Public Works Director/City Engineer Approved for submission by: Z�4 i Z-2� Z--, Z, 14 � Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Tract Map 3. Subdivision Agreement 258 TAMDEMCOUNCIL\1999\991005i.wpd RESOLUTION NO. 99- RESOLUTION OF THE CITY COUNCIL OF LA QUINTA GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT 27519, 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 Tract 27519 is conditionally approved provided the subdivider submits all required items on or before November 4, 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 2 rj'0 satisfaction. 003 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 November 4, 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 5th day of October, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: REGENIA HENSLEY, Deputy City Clerk City of La Quinta, California APPROVED AS TO FORM: Dawn Honeywell City Attorney 260 004 ATTACHMENT 1 6 2 W In 4 s g > �$==y�"�� 7mW=p; W �° ; "- o Y! Qbon oQ$; � $ o sz S�o>iS Wyna < W 7 o a $j °i €°° Y $� $ I $ '< 3 = ..��76Bi " $"<g �Si �' Ig3=�'k'tze3�'°Jul y� Va. « fgoa F�z F $�CimF�s k' T ui6$O �g�b� j gmNI K ON 0. 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RANGE 7 EAST. SAN BERNARDINO MERIDIAN N N995•,TD" r 2fJ3 A' (2F1JfTi T3:711• ITurfv7_ 1>znn• ,yam_____ DUDEK dE ASSOCIATES 7ANUARY 1999 -1920---- - - PAW DESERT. CA. `FOUND 1-1/4' LP.. ON..O.2•. MTH FOUND T" I.P., 0N. 0.9, 1M TH J , ON. 0.9' IN WELL WON.. PLASTIC PLUG TAGGED RCE 21884'1 PlASnC PLUG TAGGED 'RI KRSIDE TAGGED "RI4 SIDE COUN it NO NO REFERENCE, ACCEPTED AS DIE CWN1Y SUR1A"YOTY, PER IRAC7 PER TRACT No. 25W3-2 M.B. 263/33-35. N.W. CORNER OF THE E. 1/2 OF No.. 25363-2, N.B. 263 J3-J5, O.R. O.R., ACCEPTED AS THE W. 7/4 CORNER. THE SW. IA SEC. 20. ACCEPTED AS SEC 20. I SEC. 20. I GRAPHIC SCALE R (TIT rear ) L 1 IPch . 200 R W �I TRACT No. Z _^n®� �fi $ _ _ BASIS OF BEARINGS: yT I p I •^ 0 THE BASS OF BEARNGS FOR THIS MAP IS TAKEN i 8a I • e KO G THE MONUMENTED CENTERUNE OF MILES ¢ AVENUE PER TRACT Nw 2SSS3-2 AS SHOWN BY MAP IN 2 7 B 9 9 g TRACT NO, I RECOR��AND"BEINAGGMN. B91=WWWE. 35, OFFICIAL h I 23936--1 M.S. 1.23/25-29 mPOSITION FOR THE NE CDR. OF THE ENGINEER'S NOTES: V D POSITION FOR ME NW CDR. OF THE SEl/4 Qc THE 5'WI/4 ESTABLISHED BY re SM14 OF THE SWI/4 ESTABUSHED BY PROPORTIONAL MEASUREMENT PER B NOCA 5 FOUND MONUMENT AS NOTED HEREON. h PROPORTIONAL MEASUREMENT PER I TRACT — 259W_I' M.B. 22J/26-29, TRACT Na 2W63-2, M.B. 283/33-35, ESTABLISHED BY INTERSECTION, O.R., NOTHING FOUND, NOTHING SEi. O INDICATES SET 1" IRON PIPE. 1B' LONG TAGGED O.R., NOTHING FOUND. NOTHING SET. NOTHING FOUND, NO MING SET I I 'RCE 21069', fWSH. N E ❑ NNCATES SET 2' IRON RPE, 1B- LONG. TAGGED z N 1327,ff' (/327_19•] i 1]]G%' (1J21.2f•] 'ROE 2RCE 10f9", FLUSH, OR NNL AND TAG STAMPED —__-- __ m ---- ( FOUND f-1/4" I.p., FLUSH• M y FOR TRACT BOUNDARY. IN WAU- FOOTNF AS APPROPRIATE L PLASTIC PLUG MARKED "RCE 218H4 NO REFERENCE. ACCEPTED AS ME CENTERUNE IN TERSECTIaV Of DESERT y ( ) INDICATES RECORD DATA PER TRACT MAP No. TRACT NO. STREAM DR. AND DUNE PALLIjS RM TXT' OTHER-2. M.B. 263/33-35, O.R., UNLESS NOTED Q T. 2393E-fi fla.n'] � oTT1ERMI5E. •.• lx $ l8 M.B. 251 50-53 .. ` NG Y (( )) NTES RECORD DATA PER TRACT MAP No. }- M.B. 163/29-32 �W°' #{ / 4 DE56RT SrRKAM DRv xi•�. gy9j 27899, M.B. 263/29-32, 0.R. 0) } 1 N f976'2J' E 1,127.05' (1J2Y.36'] T4 [ ] INDICATES RECORD DATA PER TRACT MAP NCI . 23935-1, M.B. 223/26-29, MR. SLY IYIF OF 111E R H)6 W IK THE g 1/4 K IK EW 1/4 1 Q '•Ri , [ TRACT No, ; D CORNER PER FOUND. RECORD MAP S CHED r OR, NOTHING NOTHING SET, UNLESS NOTED O8 I 26363-2 •'a t ; 07HERWlSE. n F { y M.B. 263/33-35 e $ - ; b .•pi SET f' IRON AT ALL REARPIPE O C RNERTA D OE 89"C iF T R A C T M A P O�F�L24069* IN OT ONES FOR�FRW C Re OT AT THE PRO ONGAnON tSHEET. 4 I$, ... SHS�T S 4 PASEO M.S. INDICATES MAP BOOK DEL R6Y I Z 0.R, INDICATES OFFlOAL RECORDS w L1I 8 l pi - .... * P.I.I.E. NDICATES INDICATES PUBLIC UTIUTY RADIAL BEARING EASEMENT \\ylll g N o 2 7 -5 1 9 (Rod.) rM( P O R. D F ((M6 INDICATES ACCESS RIGHTS RESTRICTED HEREON. SLY 7/t1 OP THE SN] '1/ Y x IMZ1hY F i 1H2731' ��, / O INDICATES I MPERIAL IRRIGATION DISTRICT EASEMENT &lY LPIE PF IfL M f29.Y' DF T11E SE 1/4 DF THE SW V. I I/ DEDICATED HEREON. NFOUND T-1/4' BRASS DISC COPPER LED. It POSITION FOR ME SW CDR. OF FLUSH, STAMPED -RCE 2640T NO REF., E112 OF THE SM14 ESTABLISHED ACCEPTED AS SECTION D 30. COMMON f TINS TRACT CONSISTS OF NUMBERED LOTS 1 THROUGH HY PROPORTIONAL MEASUREMENT FOUND 1-1/4" I.P., FLUSH, 1WTH II SECTIONS T9, 10, 29 AND JO. TSS,R. JE. 70 ANO IETTEREO LOTS 'A' MRO1101 Y', AND CONTAINS Z.B. TRACT - 1MR. N, PLASTIC PLUG MARKED "RCE 2TB64', FOUND, D, NOTHING O.R., HOMING NO REFERENCE. ACCEPTED AS THE 17.595 ACRES MORE OR LESS. j9 2♦7 FWNO, NOTHING SET. 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Q I .WIrl WWI ■ xb O t I jS F C m< I N,LC,ILWN F ZZt� x O<1 I r Jt.KW N I cl g « I Y I i a ffiI 0 e M _ I C)q� I w.ic.KWN rc <F t0 I I .WIn w 1tlLoo x W .WItl I I [or $I S O W y I w •io —zoo N ■ 4 14 CIO, M ,ta:KW N a r U e .oc•u•1 7, < <x aims 0 yO(�� i$ 4kWffii ^o 'Jo Iffi MLCKWN a YYII w I '� .a'w NBC �i a � N N M K,ttaa N I 8 LO M I'g iL M,LGKW x O Q .L \ � M.LI:KW N I •Grol .LDI .ar'Ifl ,L91 ,591 cq o ai 133HS Y 33S ^ 4 S 265 010 � N $g�Skg�9�3s�� S «ilffi«kiIffiffiffiffiffiffi�E �bLSSSSLSSSS� .ft „ � $kI xis _.flit --M N y— / • 1133ti1s 3lVhlxdJ ,LCKW .L��J \ Cx.L,� Q• d 71 ,LC.KW N I I nrozl .nxl I ki Web R � k$ I O ` iffi N .LftLaa N M ,IC,rLW N I ,Ceroil .rerozl I � 18 CO Ikj ffi r .LLKW M M ,aftLW N I ,rerozl ferosl I I � a k < I Iffi «I Q a « I Coo I Y I I w .ar,KW N r ,Lr,ILW N I I ,rerozl ,rororl I I I I w f;KW x w �gtLW x I Ferosl ,ferorl kI <� �` �i Qa a� Coo i� I = I .terorl Ieroil I Qa i COo I =g w ,[[,tLLO M w ,LC,KW N ,flroLl 'Drl I IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CAUFORNIA SHEET 5 OF 5 TRACT MAP NO. 07018 BEING A SUSDIIRSION OF A PORTION OF THE SOUTHEAST QUARTER Or THE SOUTHWEST QUARTER OF SECTION SO. TOWNSHIP S SOUTH. RANGE 7 EAST. SAN BERNARDINO MERIDIAN 7 R A C 7 N o. 23936-6 DUDEK & ASSOCIATES JANUARY 1999 M.B. 251 / 50-53 PALM DESERT, CA. 22 23 211 28 1 1 20 27 N s -3r2.r I 26 I 2i IMM' 2& 29 %l ........ IN7.05' I Y" a27� $' a —98 O BS Ae. $� 29 11. 30 $� 31 3tk 32 2^ 33 34 $k 35 26 ` = g D.1a1 A� F WAI A. 8 8 o.tat n� s o.tln n`. ' 8 A 0.ta1 Aa ^ 8 D.lat ft. = 8 o.l2s Ac •z iT x x p.tet Ac.A x ' � lo' NERE4V (Ix FEET' , 1. Ilen = fw n 'ass �-— ,V '1A 7pID'i /r NNlgE M110' sa0o' saatY saoa' eaao' enar saW' �P c-1 �„ AM' ;a x srx}T c S_I E R R A V I mw S T A_ . -7 r� � IT N%'!]}Y[ _ L 0 T 'F' PRIVATE STREET _ tM4W 1 ^_ 25 0.105 Ac. I2a27 M asss}T E . B O4. IlI.M' N M375}J' 1 2 D.11 Ac. Im.U' N 22}T 1 o.180 Ae. WCTEp ACCESS 1GTED HUEON 12a9r N W'SYfY E 21 0.171 A. w... -LOT "C' 1 PEDESTRIAN ACCESS AT 'W. A. 20 o.037 Ac. ,RESTNICTEO ACCESS 4 DEDIGIED N Iw _ 6A%Klo' P.U.E-- A—O!fNNEON F�6 55 54 53 52 5> s50 45x O.taB Ac. x 0199 Ac 2 D.199 Ac. x 0.169 Ac x a199sags' H.%' safe' oats• sa91Y sa%' I R %w}T E 98s0' ` i ! 3 ■ i ! ! i �! 57 58 59 60 61 j 62 91 63 a 64 0.221 A. x 0.199 Ac O.ts9 Ac. 0.199 Ac, x O.ta9 Ac. 2 0.199 Ac. x 0.199 M. x A- saws R xx f0'P.VE D - xra' A `7 �a'iD wl T7. xsa' ro' - ISSa6a%' ------- ----- - ----3 ------- ------- ----- - m _ P A S E O T D E L R E Y �— aa' N siwkT E L O T 'D' PRIVATE STREET s7tx• t T. c_ 1 N sow1T E 0.911 Ac 77 w W }s mar m soar Saar sa soar _ W f0' P.VE oERDf�u�n (T/F.) (A 19 $ 18 '§ 17 ='a 16 =9_ 15 _k 14 29 13 'g 12 '$ 11 0.290 A,, x 0.1ee Ac x 0.191 Aa x 0.1s1 Ac. 0.101 Ac O.tal Ac. : W.Ac. 0.191 Ac. 1297.21' CURVE DATA OFK RAMS MIA IENCIN I TAn t c- I ICaff 1017e0' fa%' an C- 2 S&W Iloww' Ix%• sl.W F ! x30' 249R3' 211!' liar C- 1 %SIT mwlsf' le.11' Ia2r c- 5 x57 1217N' 1112' &or 0- s xx' mAns' 37.R6 Iaer c- 7 x50' 35S402' M.1' 1s!T c- a se.w' . wwl nor liar mwrol' xm, lase F IO x5C ai'.112I' 16Y ter NOTE: SEE SHEET 2 FOR SURVEYOR'S NOTES AND BASIS OF BEARINGS. ATTACHMENT 3 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT Tract 27519 THIS SUB[ 8thISION IMPROVEMENT AGREEMEf tttmber"Agreement") is made and entered into this day of P ' 19 99 , by and between Aliso I, LLC , a California Limited Liability Company hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 27519 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's .fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option,26� T:\PWDEPT\STAFF\GUZMAN\TRACTS\27519cc\27519sia.wpd Page 1 of 6 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). 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 improvementt68 secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 01.3 T:\PWDEPT\STAFF\GUZMAN\TRACTS\27519cc\27519sia.wpd Page 2 of 6 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. ;11 T:\PWDEPT\STAFF\GUZMAN\TRACTS\27519cc\27519sia.wpd Page 3 of 6 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in. its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not2� 0 been performed within sixty (60) days after written notice of default from City, then City may perform the obligation015 T:\PWDEPT\STAFF\GUZMAN\TRACTS\27519cc\27519sia.wpd Page 4 of 6 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. t116 T:\PWDEPT\STAFF\GUZMAN\TRACTS\27519cc\27519sia.wpd Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk SUBDIVIDER: a By. avid .Mill Title: By: Title: Secretary Reviewed and Approved: City Engineer Approved as to Form: City Attorney Aliso I, LLC, a California Limited Liability Company By: Century Homes Communities a California Corporation, its General Partner (909)3881-6007 Date Date Date Date 2'7 2 017 T:\PWDEPT\STAFF\GUZMAN\TRACTS\27519cc\27519sia.wpd Page 6 of 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of ` Cal if orni a ) ss. County of San Bernardino ) On September 28, 1999 before me,Doris A.,Benoit, Notary Public DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared David J. Miller, Assistant Secretary NAME(S) OF SIGNER(S) Impersonally known to me - OR - ❑ to be the person(-s+ whose name(s)(.i bTm subscribed to the within instrument and ac- knowledged to me that executed the same in hi 'r authorized ***************************** capacity(-i-es), and that by his T- * - DORIS A. BENOiT signature(s) on the instrument the person(*, X COMMISSION#1141764 = N►Rl'Pl18UCCAUF0HNIA v or the entity upon behalf of which the SANBERNApDINOCOUNTy -4 person(s) acted, executed the instrument. ****s***** ** *8 **NE*w,=I WITNESS my hand and official seal. 1 A�� / SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7*4 13 018 Exhibit A SECURITY - TRACT 27519 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. The "Engineering & Plans" security will be released when the City has possession of complete, approved, original plans, signed and sealed by a design professional(s), for all required improvements. The "No -Plan Contingency', which may be utilized for any listed item or for other cost found necessary in the design or construction of the required improvements, may be released in whole or 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 separate from and in addition to the reductions discussed below. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Streets & Storm Drainage 322,449 322,449 Grading 278,001 278,001 Domestic Water 185,735 185,735 Sanitary Sewer 107,756 107,756 Electrical 140,000 140,000 Perimeter & Basin Landscaping 138,645 138,645 Monumentation 10,000 0 Construction Subtotal: $1,182,586 $1,172,586 Engineering & Plans (20% of Construction) 236,517 No -Plans Contingency (25% of Project) 354,776 Total: $1,773,879 Tit!t 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: October 5, 1999 CONSENT CALENDAR: ITEM TITLE: Authorization to Reduce Scope of Work STUDY SESSION: and Release Improvement Security Associated with Tract 29136, KSL Land Corporation PUBLIC HEARING: Authorize the reduction of the scope of work and direct staff to release improvement security associated with Tract 29136 after replacement security is received. None. None. Tract 29136 was conditionally approved at the September 21, 1999 City Council meeting. The developer has met the requirements of the conditional approval process for recording the Final Map and the map is currently with the title company for the purpose of recordation. Tract 29136 is the master subdivision map for the Norman Course that separates the golf course from large developable lots. There are three additional tentative maps within this specific plan area that further subdivide the developable lots into single lots. Two of the three tentative maps will be finaled in phases, thus creating five (5) final maps. KSL, the subdivider of Tract 29136, desires to sell the developable lots to merchant builders in units of land defined by the five (5) final maps referenced above which are Tracts 29347, 29348-1, 29348-2, 29349-1, and 29349-2. In doing so, they wish to transfer the obligation to construct the infrastructure appurtenant to those map areas to the five subdivision maps. 275 TAMDEMCOUNCIU1999\991005p.wpd To accommodate the proposed transfer of these obligations, each of the subdivision improvement agreements for these five final maps contain language that clearly places the obligation to construct the appurtenant infrastructure as an obligation of each of the respective five new maps. Once the obligation to construct those improvements has been successfully transferred to the other maps, the obligation in the subdivision improvement agreement for Tract 29136 is no longer needed. None of the off -site perimeter improvements or arterial street improvement obligations around the Norman Course are being transferred to the five subdivision maps. In fact, the off -site improvements are not an obligation of the subdivision improvement agreement for Tract 29136 because the City entered into a separate agreement with KSL in February, 1999, for those improvements before Tract 29136 was presented to the Council for final approval. Therefore, only on -site street, drainage, water, sewer, and electrical improvements are being transferred to the five subdivision maps. Attachment 1 identifies the location of the various improvements and the associated map that is receiving the improvement obligation. These five final maps are also before the City Council for the conditional approval process at the October 5, 1999 meeting. Only after the replacement security is received for all five maps, will the security be released for Tract 29136. As a result, staff proposes to reduce the scope of work required for Tract 29136 as defined in Exhibit A of the original subdivision agreement, to be redefined as defined on Attachment 2, with the proposed new Exhibit A for the subdivision improvement agreement. Since all of the improvement obligations associated with Tract 29136 will be transferred, the only security that will remain in place after the transfers have been consummated will the monumentation security. The alternatives available to the City Council include: 1. Authorize the scope of work to be reduced and direct staff to release the security associated with Tract 29136 after replacement security is received; or 2. Do not authorize the scope of work to be reduced and do not direct and release the security associated with Tract 29136 after replacement security is received; or 3. Provide staff with alternative direction. T:\PWDEPT\COUNCIL\1999\991005p.wpd 276 Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for submission by: r —1 Z: Z�l �- homas P. Genovese, City Manager Attachments: 1. Subdivision Agreement & Bonding Exhibit 2. Security - Tract 29136 277 003 " .~~"~ft"~, A ATTACHMENT 2 Exhibit A SECURITY - TRACT 29136 Improvement Description Performance Streets & Storm Drainage - Onsite -0- Domestic Water -0- Sanitary Sewer -0- Electrical -0- Construction Subtotal: $-0- Monumentation $25,344 Engineering & Plans (20% of Construction) -0- No-Plans Contingency (25% of Project) -0- Total: $25,344 Labor & Materials In 279 006 T-iht 4 XP Q" COUNCIL/RDA MEETING DATE: October 5, 1999 ITEM TITLE: Authorization for Overnight Travel for the Community Services Director to Attend the NRPA Leadership Development Institute December 5-8, 1999 in Reno, NV RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: / STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for the Community Services Director to attend the NRPA Leadership Development Institute December 5-8, 1999 in Reno, NV. FISCAL IMPLICATIONS: The Community Services Department budget has funds allocated in the Travel, Training and Meetings Account (#101-251-637-000) to cover the costs of professional conferences. The cost of the NRPA (National Recreation and Park Association) Leadership Development Institute is approximately $1,079.00. The cost breakdown is as follows: Registration Fee $ 345 Meals $ 200 Hotel $ 195 Air Fare $ 295 Parking $ 24 Shuttle Fee $ 20 TOTAL: $1, 079 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The NRPA Leadership Development Institute is recognized nationally for offering high quality leadership development programs. Along with acquiring new skills, and refreshing existing skills, the Institute allows professionals from around the nation to meet and discuss items that impact the Community Services and Parks and Recreation profession (Attachment 1). Pertinent topics will include: facilitation of meetings, and creating a feeling of community; principles of community building; and responding to changing communities. 213 O FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve authorization for overnight travel for the Community Services Director to attend the NRPA Leadership Development Institute December 5-8, 1999 in Reno, NV; or 2. Do not approve authorization for overnight travel for the Community Services Director to attend the NRPA Leadership. Development Institute December 5-8, 1999 in Reno, NV; or 3. Provide staff with alternative direction. Respectfully submitted, Do ie Horvitz, CoWunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. NRPA Leadership Development Institute Brochure U011121 S:\Community Services\CCReports\CC.014.wpd 2 8 1 io oq� oq� C1 NATIONAL, LEADERSHIP DEVELOPMENT ,SCHOOL, FOR PARKS AND RECREATION December 5-8, 1999 THE EL DORADO HOTEL, RENO, NEVADA TAKE HE NEXT STEP MANAGEMENT & LEADERSHIP SKILLS An adventure in learning and developing skills vital to your work, your profession and your professional career. Step 1—Fundamentals Step 2—Tools a4�" REGISTRATION DISCOUNTS: See Registration Information Inside!. Co -sponsored by: The National Recreation and Park Association and the Nevada Recreation and Park Society ATTACHMENT 1 2.M GENERAL, INFORMATION The National Management/Leadership School is a two year "outcomes based" strategic leadership training for parks and recreation professionals and volunteers who are committed to professional and personal growth and the benefits that parks and recreation contributes to the healthy growth of communities in the areas of economic, social, personal, and environmental development. This school has been estab- lished to meet the growing need for the development of leaders in the field of parks and recreation who will be effec- tive in the role of advocacy, community development, build- ing partnerships, implementing needed change, understanding the changing role of parks and recreation, willing to take risks, and make a commitment to assume a role of leadership in their agency and community. STEP I —"FUNDAMENTALS" This educational track is designed to give the participant the basic fundamentals of leadership, the "how to" of community development, an introduction to the integration of benefits into all aspects of program de- velopment, and sessions to explore aspects of leadership im- portant to personal and professional growth, as well as, a look at the future of Parks and Recreation. STEP 2 _"THE TOOLS" GET "IN -STEP" with the second track which is offered for those that have attended "Step 1" in 1997 or 1998. This program will build on "Step 1" and will include strategies for planning and implementation of Benefits Based Management, skills important to the commu- nity development process and marketing programs, such as facilitation skills, critical thinking, public speaking and ne- gotiation skills. NEW —the opportunity to take an "Emotional Intelligence" assessment and learn strategies to assist you in your personal and professional growth. You Will Learn'How To: • Identify and use trends and innovation in Leadership • Creatively re -think the role of parks and recreation in the community • Convince others to invest in the community • Improve management and leadership skills • Identify recreation as a means —not an end in building healthy communities. • Learn how to successfully build and sustain collaborative efforts • Review your own personal leadership goals and develop strategies for the future • Network effectively to build professional networks and form partnerships in the community, and more! CONTINUING EDUCATION UNITS Continuing education units will be offered. Class attendance is mandatory in order to receive CEU's. The fee is $750 on site. LocATION The Reno/Sparks/Lake Tahoe area is set in the natural beauty of the Sierra Nevada. The sun shines more than 300 days a year providing warm days and cool nights. For further information on this area you can access: www. Renotahoe.com or www.PlayReno.com, the Visitor Information Center 1-888-Hit-Reno. HOTEL RESERVATIONS The Eldorado Hotel, www.eldoradoreno.com, is located in the heart of downtown Reno. Make your reservations di- rectly with the hotel by calling 800-648-5966. Mention the National Recreation and Park Association and refer to the group code NRPALDS to insure proper room rates and accommodations. The cutoff date is November 5th—any reservations received after this date will be on a space available basis only at the group rate. Cancellations will be accepted up to 48 hours prior to arrival with no penalty. After this cut off date each individual will be responsible for one night's room and tax. Hotel Rate: $59 + 12% tax per room, per night Sunday - Thursday $79 + 12% tax per room, per night Friday and Saturday SCHEDULE The School starts on Sunday, December 5, 1999, with regis- tration scheduled from 1:00 p.m. - 2:00 p.m. The first class begins at 2:00 p.m. A networking social will be held on Sunday at 5:30 p.m. Classes run 8 a.m. - 5 p.m. each day with closure on Wednesday, December 8th at 12:30 p.m. EXPERT INSTRUCTION All instructors have been selected for the excellence they represent in their work, their professions, and their lives. They are parks and recreation professionals, educators and consultants. All instructors have been highly rated as speak- ers, teachers, and role models within their chosen fields. FOCAL PARKS AND RECREATION WASHOE COUNTY Washoe County is rated by Rand -McNally as the number one area in the country for outdoor recreational fun for the entire family. Within a fifty mile radius of the Truckee Meadows lies not only spectacular Lake Tahoe, but also the stark and beautiful Pyramid Lake which appears like a 218 3 rage in the desert. Washoe County Parks & Rerreatioi U Department manages over 4,000 acres of property and 92 fa- cilities. A wide variety of activities are available from hik- ing, fishing, horseback riding, and skiing, to museums. THE CITY OF RENO The City of Reno Parks, Recreation and Community Ser- vices Department has 77 permanent full-time employees, 137 full-time equivalent temporary staff, and numerous contracted specialists providing direct recreation services to the public. The department's most significant changes have occurred under the leadership of different directors, develop- ment of new parks and community centers and the focus to provide programs and services for seniors, at -risk youth, as well as, arts and cultural programs to residents. THE CITY OF SPARKS The City of Sparks boasts some 30 different park facilities and another 16 parks in various forms of design or development. The Recreation Division compliments these facilities with 110 ongoing programs producing participation in excess of 1,000,000 annually. The latest addition to Sparks is the Sparks Marina Park, which converted a 77-acre gravel pit into a boat- ing, swimming and fishing paradise. Add to the mix of success- ful downtown redevelopment into the Victorian Plaza and you can see why Sparks is a great place to visit or live. CURRICULUM OVERVIEW TRACK I CREATIVITY AND LEADERSHIP— ROBERTALAN BLACK, PH.D. As leaders we need to S.P.R.E.A.D. (TM) creative think- ing throughout our teams, departments, and organizations. We need to SUPPORT, PROMOTE, ENCOURAGE, APPLY and DEVELOP the creative thinking skills of all of our employees. This session has been designed to share with you how you as a leader can begin to reinforce and expand your creative efforts multi -fold. TAKE THIS JOB AND LOVE IT—MARTHA BRYAN This session is designed to help you put more life into your work and life! Because we manufacture ourselves through our work, each time we make a choice on the job, we shape our identities, or sense of self-worth and our relationships with others. This session is about discovering the hidden truths about our work life and how we can move from simply surviv- ing our work to mastering the art of living through our work. A FACILITATED PROCESS: USING OPEN SPACE TECH NOLOGY—BRENDA HERSHMER Back by popular demand! Experience this facilitative process based on the work of Harrison Owen and his book Riding the Tiger: Doing Business in a Transforming World. Owen has proved that this process leads to the development of an atmosphere conducive to play, learning, creativity, commitment and most importantly, a genuine sense of community. This process can be used in your community for collaborative efforts and when group process is needed to generate ideas and direction. Two topics will be addressed: "The Future of Parks and Recreation"; and " Personal and Professional Leadership Goals." COACHING THROUGH INSPIRATION AND BUILDING MORALE—MARTHA BRYAN A leader uses good coaching skills to empower people. This session will give you the essential coaching skills to immedi- ately show you how to guide people to greater performance and job satisfaction. TRUE COLORS, TM—ED WILSON A popular personality styles inventory based on Myers', Briggs and Kiersey's Please Understand Me, is an excellent group process. Participants learn to understand their own personality styles and preferences, as well as, appreciate those of the group members. They will see and support others' different natural values and behaviors. Applications include team building, teaching and learning styles, conflict resolution, and leadership styles. True Colors has been applied to Disney for the past 12 years for training. This dynamic, interactive and nonthreaten- ing workshop promotes positive results in the workplace. FACILITATION: ESSENTIAL TOOL FOR LEADERSH I P GUILA MUIR Facilitation is an art and a set of skills that effective leaders use to achieve the best results from their teams. In this work- shop, you will enhance your facilitation skills, practice tech- niques to more effectively deal with challenging behaviors in a group, and expand your thinking about how using facilita- tion skills can directly benefit parks and recreation programs. ADVOCACY —TALKING WITH DECISION MAKI=KS— AL JOHNSON, PANEL FACILITATOR Do you know how to effectively advocate your programs and services to elected officials and other decision makers? As a leader your advocacy role is critical in the community. This panel of decision makers will assist you with the most effec- tive ways to reach and talk with your local decision makers. PRINCIPLES OF COMMUNITY BUILDING GUILA MUIR What do people in agencies and communities need to build the capacities and assets of their neighborhoods? This highly interactive workshop will help you understand community development better as you build specific skills—commUrN A development skills for change agents! `i uu6 RESPONDING TO CHANGING COMMUNITIES—" BRENDA HERSCHMER, CAROL PETERSEN The times and our communities are changing. How do we as community leaders deal with increasingly complex social is- sues and rethink traditional approaches to the provision of recreation services? This session will provide a planning model and strategies for how this can be done. SUCCESS WITH OUTCOMES BASED MANAGEMENT— ALICIA ECKHART, FACILITATOR Learn about successful examples of communities who have benefited from implementing "Benefits Based Management" into their program and services. These communities have increased revenues, partnerships and strengthened their leadership role in the community. TRACK 2 CREATIVITYAND LEADERSHIP—ROBERTALAN BLACK, PH.D. See Track I for description TAKE TFI IS JOB AND LOVE IT—MARTHA BRYAN See Track I for description A FACILITATIVE 'PROCESS USING OPEN SPACE 1 ECHNOLOGY—BRENDA HERCHMER Back by popular demand. See Track I for description. CRITICALTHINKING—ROBERTALAN BLACK, PH.D Daily we all need to use critical thinking skills to examine our challenges, goals, and daily tasks. We need to examine facts, data and both positive and negative factors. Explore the possible, probable and ideas with wild potential. What works, doesn't work; examine emotions, feelings and as- sumptions —all valuable and useful part of critical thinking for all leaders. NEGOTIATION SKILLS AL JOHNSON This session will review effective negotiation techniques used in contracts, real estate acquisition, lease agreements and forming partnerships common to park and recreation managers. Includes an interactive role-play exercise on a negotiation issue. EMOTIONAL INTELLIGENCE—EQ—ED WILSON The concept of emotional intelligence is best understood with a description of emotionally intelligent people. They recognize and express their emotions, possess positive self re- gard, actualize their potential capacities and lead fairly happy lives. They understand the way others feel and are ca- pable of making and maintaining mutually satisfying and re- sponsible relationships, without becoming dependent cm others. These people are generally optimistic, realistic, flexi- ble, and successful in solving problems and coping with stress, without losing control. This session will include an inventory that will be filled out in advance of the school. The concept of EQ has been popularized by Daniel Goleman, in his Emotional Intelligence: Why it can matter more than IQ, Bantam, 1995, and his more recent book, Working with Emotional Intelligence, Bantam, 1998, both best sellers according to the the NY Times. BECOMING A BENEFITS DRIVEN DEPARTMEINT— ALICIA S. ECKHART, PH.D. CLP Benefits Based Management (BBM) is a comprehensive concept which includes not only administration aspects, but the detailing of program offerings to provide individual and community benefits, coupled with the marketing and com- munication of department success to the public and policy makers. BBM brings to the profession a more refined focus of efforts and greater political parity with others. BBM brings to the participants improved choices, and an enhanced sense of self. BBM brings to the public an expanded under- standing and awareness, garnering the support for public ex- penditures. And, BBM brings to department staff renewed energy and a sense of purpose. Bringing the entire Benefits movement to your department will provide you with the means to be one of the most impacting agency's on your community's health. HOW DO I USE My BUTTERFLIES?—GUILA MUIR Skills for Persuasive Public Speaking LEADERSHIP —FROM THE INSIDE OUT — CAROL PETERSEN Personal energy, focus and health are core to leadership. Discover tools and triggers to identify your needs, focus your energy and use your leisure time to create a healthy satisfy- ing lifestyle. Build successful leadership from the inside out. FEATURED SPEAKERS ROBLwi-ALI.I:N FLACK, PH.D. G LORG IA Alan is a workplace consultant and speaker with over 35 years experience. His focus is on the S.P.R.E.A.D. ng (TM) of Creative Thinking throughout his client's workplaces. He began his own consulting firm in 1984, RAB, Inc.—Cre8ng People, Places & Possibilities. His programs provide high content, fast pace and fun involving everyone in the audi- ence to become more productive leaders through the en- richment and expansion of their skills. Dr. Black has been an architect, freelance cartoonist/writer, college professor, television news editor/writer, graph ics/s ignage designer, and speaker/consultant. 285 +U J MARTHA f3RYAN—BRYAN & BRYAN AssOCIATES SI:ATTLE, WASHINGTON The mission of Bryan & Bryan Associates is to empower people and organizations with the skills, attitudes and strate- gies they need to move from acceptable to excellent perfor- mance in both their personal and professional lives. Martha Bryan is a leading authority on the development of human potential and personal excellence. She has over 20 years ex- perience in public sector administration, as well as private sector experience. Martha is a high content speaker with a dynamic interactive delivery. She gives many practical ideas, methods, tips and techniques that can be used in both work and personal lives. AucIA S. ECKHART, Pi-I.D. President of REConomics, which is a business she created devoted to assisting public leisure service providers in any area of benefit research, needs assessment, and research in- strument development necessary. Alicia also acts as the Ohio Parks and Recreation Association's Benefit Research Coordinator. Alicia has earned all three of her degrees from the Ohio State University, including her B.S., Masters' and Ph.D. in Sport and Leisure Studies. She also taught at OSU for six years after working as the first Recreation Program Coordinator for the City of Dublin, Ohio. GUI LA MU I R—PRINCI PAL, GUII,AMUIRAND AssOCIATES SEATTLI:, WASHINGTOiN Innovative trainer and facilitator, Guila Muir specializes in organizational and community development. Since 1983 she has worked with over 350 public and non-profit agen- cies, including parks and recreation organizations, police departments, and universities. She has facilitated sessions for dozens of public agencies, including school districts, counties and cities. She brings a high level of creativity and focused direction to her facilitation work. BRLNDA H I:RscLIMrR OiNTARIO, CANADA Brenda teaches at Niagara College and is also co-owner of "Grassroots Enterprises", the author of the Benefits column in "Parks and Recreation Canada", the chair of the commit- tee for updating "The Benefits Catalogue" and the author of a community development handbook entitled "Creating Communities". AI. IOHNSON--CITY MANAGER ROsI:vILLE, CALIFORNIA Mr. Johnson has been with the City of Roseville for 15 years and has served as City Manager since 1988. He has a Masters degree in pubic administration, and is responsible for overseeing the operations of a full service city with an annual budget in excess of $200 million. The current work force exceeds 850 full -time employees. he has made many presentations regarding negotiation techniques used to re- solve government issues. CAROL PETERS]N—BPR CONSULTING EDMONTON, CANADA Carol Petersen has over 20 years of experience in Community Recreation, working with not -for -profits, local government and the private sector. She is driven personally and professionally to equip people to use recreation in healthy, fulfilling lifestyles and ideal communities. Through facilitation, training and involvement processes Carol helps individuals, organizations, and communities Build Positive Results! EU WILSON—NIAGARr\ COLLr.GI: ONTARIO, CANADA Ed is an experienced conference and workshop presenter. He has facilitated workshops and seminars, organized con- ferences, evaluated teachers, created curriculum, and taught courses in communications, social sciences and humanities. He holds a masters degree in history and education (cotm- seling). He has obtained certification recently in True Colors, TM, Personality Style Inventory, Emotional Intelligence Inventory- EQ-i TM, and Alternate Dispute Resolution. REGISTRATION Step I —limited to 75 participants. The registration fee in- cludes: instruction, notebook with materials, most meals and the book Setting A Course For Change, The Benefits Movement by Ellen O'Sullivan, Ph.D., CLP Step II —limited to 60 participants. The registration fee in- cludes: instruction, notebook with materials, most meals and the "Emotional Intelligence" inventory and interpretation. Payment by check, P.O. or credit card must be submitted with the registration form. No refunds will be given after November 5, 1999. A complete refund will be given if writ- ten notice is received on or before November 5th. REGISTRATION DISCOUNTS • NRPA Agency members can send 2 non-members at the member rate • Early Registration- Register by October 15th and receive a discount • Register 3 or more staff and receive a $20 discount for each person FEES Register by October 15th: NRPA/NRPA member Non-member $345 $410 Register after October 15th: NRPA/NRPS member Non-member Q $395 $460 v U!.18 1999 NRPA LEADERSHIP SCHOOL, Member Rate—$345 by Oct. 15 $ 94-� OD REGISTRATION FORM Non Member—$410 by Oct. 15 $ Please use the form below to register. The form may be duplicated if other persons from your agency wish to register. Member rate—$395 after Oct. 15 $ Make check or money order payable to: National Recreation and Park Association Non-Member—$460 after Oct 15 $ NAME Less Agency discount $ TITLE Total enclosed $ AGENCY 3 Payment Options: ADDRESS ❑ check enclosed ❑ Purchase order # (enclose copy) CITY STATE ZIP ❑ Charge to the following: ❑ Master Card ❑ Visa PHONE CC# Exp. Date SPECIAL NEEDS CLP CFRTIFICATION YES NO OTHER CERTIFICATION Please register me for: L4I Track I ❑ Track II NRPA/Nevada State Membership # Signature Check payable to NRPA. Forward payment or purchase order to: National Recreation and Park Association 350 S. 333rd St. #103 Federal Way, WA 98003 FAX (253) 661-3929 nrpapac@aol.com For information: NRPA Pacific Service Center (800) 796-NRPA (796-6772) —� National Recreation & Park Association 350 S. 333rd Street -103 Fedeml Way, WA 98003 Take the Next Step with NRPA! La Quints Comm Svcs Dept P 0 Box 1504 La Quints, CA 92253 Non -Profit Orr. US Postage PAID Sncramenro, CA Permir =1622 287 0u9 Tit!t 4 4Qu«tw COUNCIL/RDA MEETING DATE: October 5, 1999 ITEM TITLE: Approval of an Art Purchase Agreement with the La Quinta Arts Foundation for the Bear Creek Trail Art Piece RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /JS STUDY SESSION: PUBLIC HEARING: Approve the Art Purchase Agreement with the La Quinta Arts Foundation for the ownership and maintenance of the Bear Creek Trail art piece once completed pursuant to the Agreement. FISCAL IMPLICATIONS: The art piece will need minor maintenance. This could include graffiti removal and replacement of tiles on the base of the piece. The cost of maintenance can be included in the Community Services Department annual budget with funds transferred from the Art in Public Places (APP) Fund. This fiscal year's anticipated maintenance budget is $100. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On October 4, 1994, the City Council approved $5,000 from the Art in Public Places Fund to support an on -going program in conjunction with the La Quinta Arts Foundation called "Youth Art Works On Public Lands" (Attachment 1). At that time, it was determined that as a pilot project for the youth program, an art piece would be located at Eisenhower Park. The main focus of the project was to include local teenagers working in conjunction with local artists. At the April 4, 1995 City Council Meeting (Attachment 2) , the Council approved a request from the Art in Public Places Commission to move the art piece from Eisenhower Park to the Bear Creek Channel Bike Path. Also presented at that time was a description of the art piece. The original concept included a three dimensional covered rest stop along the path. The City Council was then to approve the final design and placement once the piece was designed by the artist and students. ".. Due to circumstances involving the original artist in the project, the project was delayed. The La Quinta Arts Foundation desired to complete this project and proceeded to put forth a Call For Artists for the project in January 1999. A Committee of representatives from the La Quinta Arts Foundation, Viva Foundation and the City of La Quinta met in February 1999 to review the models submitted by artists interested in completing the project. The project submitted by Mr. Gene Montez- Flores was chosen by the Committee to be presented to the Cultural Arts Commission, and ultimately the City Council, for placement at the site on the Bear Creek Channel Trail. The City Council considered the piece presented by Mr. Montez-Flores at the March 2, 1999 meeting (Attachment 3). Due to concerns of heat retention by the metal materials of the project and lack of shade, the project was not approved by the City Council. The recommendation from the City Council was to choose a project that took these concerns into account. Taking the Council's recommendation regarding the project, Ms. Jana Barbier of the La Quinta Arts Foundation presented information and the model of an alternate project, "Bear Creek," to the Cultural Arts Commission at its July 8, 1999 meeting (Attachment 4). The piece includes a bear, to be constructed of concrete, on a base of tiles, and opposite the bear is a fish trap. This piece reflects the bear that once existed in the area, as well as the Native American's use of fish traps to collect fish. Local students will be invited to participate in the project by imprinting interpretative information on the tiles used in the art piece. The Cultural Arts Commission voted to support the project design and new location of the art piece at their September 9, 1999 meeting. The location is the southwest corner of Calle Tecate and Avenida Madero. At the City Council meeting of September 7, the proposed location was approved by the City Council. The Art Purchase Agreement (Agreement) (Attachment 5) is a three party contract between the Artist, the La Quinta Arts Foundation and the City of La Quinta. Work on the art piece will begin when an Art Purchase Agreement is signed by the three parties. The agreement states that the Foundation and Artist are responsible for the art work until the City issues a final notice of acceptance. It is the intention of the Arts Foundation to have the piece installed by January 2000. The cost of installation is included in the cost of the project. Once the City accepts the art work, per section 6.4(a) of the Agreement, the City shall maintain the art work in a manner that the City determines in its sole discretion. Also stated in section 6.4 (b) the City and Foundation shall use its reasonable efforts to meet and consult with the artist prior to the time of making any alternation. If alternations are made without the consent of the artist, the Artist can remove his/her name can be removed from the art piece. The Art Purchase Agreement is the standard agreement entered into with an Artist, a developer and the City to provide for the conditions established in the Art in Public Places ordinance. The Agreement has been reviewed by legal counsel for content. 289Ui FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the Art Purchase Agreement with the La Quinta Arts Foundation for the ownership and maintenance of the Bear Creek Trail art piece once completed pursuant to the Agreement; or 2. Do not approve the Art Purchase Agreement with the La Quinta Arts Foundation for the ownership and maintenance of the Bear Creek Trail art piece; or 3. Provide staff with alternative direction. ly syibmitted, WINNER p.. I - munity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Staff Report and Minutes of October 4, 1994 City Council Meeting 2. Staff Report and Minutes of April 4, 1995 City Council Meeting 3. Minutes of March 2, 1999 City Council Meeting 4. Proposal for "Bear Creek" 5. Art Purchase Agreement 290 003 S:\Community Services\CCReports\CC.015.wpd TiAt 4 4 Qu&M COUNCILIRDA MEETING DATE: October 4, 1994 ITEM TITLE: Consideration of a recommendation by the Art in Public Places Committee regarding Youth Art Works Public Art Project. RECOMMENDATION: Accept the Art in Public Places Committee recommendation to : ATTACHMENT 1 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR - STUDY SESSION: _ PUBLIC HEARING:' 1. Support the concept of the on -going program. "Youth Art Works on Public Lands" ; 2. Approve the Eisenhower/Avenida Colima Mini Park as the first location to start the program; and, 3. Allow the Art in Public Places Committee (APP) to utilize funds from the APP Fund to match existing and future donations received from other civic organizations to implement the program. FISCAL IMPLICATIONS: Commitment of an amount of $5,000 of Art in Public Funds. Future commitments of funds would require Council authorization for exact amount. BACKGROUND AND OVERVIEW: The Art in Public Places Committee at its meeting of September 12, 1994, reviewed a proposal by the La Quinta Arts Foundation to employ the youth of La Quinta in various areas of the City to create art work in their own area of the community. The program would utilize different local artists to oversee each project and instruct the youth. The youth targeted for the program would be those in their junior and senior year of high school. The program would be on -going throughout the year with an evaluation at the completion of each project. The APP Committee has chosen the Mini Park at Eisenhower and Avenida Colima as the site for this first pilot project with other sites to be determined at a later date and brought to Council for their review and approval. In addition, local civic organizations will be asked to donate funds to help implement the program to make the program unique to La Quinta and to generate interest in the community m make the program successful. The City would then match the funds raised by committing APP funds. (At the present time, VIVA Foundation has committed $5,000 to the Mini Park. The APP would like to match this amount to develoF a total of $10,000 to be used on the Mini Park project.) At this time, the APP Committee is asking Council to: 1. Support the concept of the program, "Youth Art Works on Public Lands"; 2. Approve the Eisenhower/Avenida Colima Mini Park as the first location to start the program: and 3. Allow the Art in Public Places Committee (APP) to utilize funds from the APP Fund to matcl donations received from other civic organizations to implement the program. 1 U �5 Following Council's approval for the above, the Committee will return for Council approval, .regarding the specific art- work as well as the amount of APP funds needed. The alternatives available to the City Council are: 1. Approve the recommendation as presented; 2. Modify the recommendation as deemed appropriate by the City Council; 3. Provide alternate direction to the Art in Public Places Committee; 4. Deny the recoj=endation. J erman P ng & D lopment Director UUO ccni.002 292 City Council Minutes 2 October 4. 1994 WRITTEN CORRESPONDENCE - None BUSINESS SESSION 1. CONSIDERATION OF SPECIAL ADVERTISING DEVICE 94-052 FOR APPROVAL OF TEMPORARY SUBDIVISION FLAGS FOR THE PAINTED COVE AND BAJADA TRACTS. APPLICANT: MINISTRELLI CONSTRUCTION. MOTION - It was moved by Council Members Sniff/Bangerter that the matter of Special Advertising Device 94-052 be continued to October 18, 1994. Motion carried unanimously. MINUTE ORDER NO. 94-213. 2. CONSIDERATION OF SPECIAL ADVERTISING DEVICE FOR THE 1994 LA QUINTA FINE CRAFTS, WINE AND ALL THAT JAZZ EVENT (SAD 94-047). APPLICANT: LA QUINTA ARTS FOUNDATION. Mayor Pena referred to the staff report which detailed the request of La Quinta Arts Foundation to display various signs and banners for the Fine Crafts, Wine and All That Jazz event at the La Quinta Community Park November 11-13. MOTION - It was moved by Council Members Sniff/Bangerter to approve Special Advertising Device No. 94-047 permitting on and off -site advertising for the La Quinta Arts Foundation November event. Motion carried unanimously. MINUTE ORDER NO. 94-214. 3. CONSIDERATION OF A RECOMMENDATION BY THE ART IN PUBLIC PLACES COMMITTEE REGARDING YOUTH ART WORKS PUBLIC ART 41(011 PROJECT. Mr. Herman, Planning Director, advised that the Arts In Public Places Committee (APP) recommended that the City support the concept of a on -going program titled "Youth Art Works on Public Lands"; approve the Eisenhower/Avenida Colima Mini -Park as the first location to start the program, and allow the APP to utilize funds from the APP Fund to match existing and future donations received from other civic organizations to implement the program. The request is for approval of the program in concept only. Any expenditure of funds and art designs will come back* to the Council for approval. Council Member Bangerter asked what type of art would be under consideration for the program. V U 7 293 City- Council Minutes 3 October 4, 1994 Mr. John Walling, Arts in Public Places Committee Chairman, advised that details of the program have not yet been determined - it's only in the conceptual stage. Mr. Carolyn Lair, Arts in Public Places Committee Member, 58-572 Avenida Ramirez, suggested some possibilities might be landscape architecture design, and wall or sidewalk mosaics. Council Member Perkins asked if this matter should be referred to the Cultural Affairs Commission. Mr. Herman advised that, if Council wishes, staff can process the program through the Cultural Affairs Commission. Council Member Perkins believed the Commissions should be utilized and suggested this program be submitted to them for their review and comments. Mr. Walling agreed, but explained they wanted Council's conceptual approval before proceeding further. Ms. Lair advised that since the Cultural Affairs Commission is new and because the An in Public Places Committee has been the recommending committee for placement of art in public places within the City, it was unclear what jurisdiction the Cultural Affairs Commission has regarding art. She noted that one of the members of Art in Public Places Committee also serves on the Cultural Affairs Commission. Council Member Sniff didn't have any problem with the Cultural Affairs Commission reviewing the program for informational purposes, but believed that the jurisdiction lies with the Art in Public Places Committee. Council Member McCartney asked if the ordinance that regulates use of Art in Public Places funds would need to be amended for this particular use. Ms. Honeywell, City Attorney, stated that she would look into it. MOTION - It was moved by Council Members Sniff/Bangerter to: 1) support the concept of the vrogram "Youth Art Works on Public Lands" 2) approve the Eisenhower/Ave,,ida Colima Mini -Park as the first location to start the program and 3) allow the Arts in Public Places Committee to utilize funds from the APP Fund to match donations received from other civic center organizations to implement the program; with the understanding that the concept will be reviewed for informational purposes, by the Cultural Affairs Commission. Motion carried unanimously. MINUTE ORDER NO. 94-215. UU3 294 Tit!t 4 44urHrw COUNCII./RDA MEETING DATE: April 4, 1995 ITEM TITLE: Consideration of a request of the Art in Public Places Committee for a change in location for the Youth Art Project from the Eisenhower Park to the Bear Creek Bike Path ATTACHMENT 2 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the request to relocate the Youth Art Project as recommended by the Art in Public Places (APP) Committe< None at this time. On October 4, 1994, Council approved an allocation of $5,000 from the Art in Public Places Fund to support a on -going program in conjunction with the La Quinta Arts Foundation called "Youth Art Works on Public Lands' At that time Council approved the Art in Public Places Committee's recommendation (additional informatic provided in City Council staff report -Attachment 1) for the Eisenhower/Avenida Colima Mini Park as the locatic for the first project. It was explained, at that time, that what the students would be installing would come bac before the Council for their approval.. Since that time, the Foundation has received additional funds for the project (no additional funds are beir requested of the City). Subsequently, the Foundation requested the project be expanded. The Foundati( presented a request to the APP Committee to relocate the project to the Bear Creek Bike Path. The project wou still utilize local teenagers, with local artists assisting in the designing and creation of the covered rest stops aloi the path. The covered rest stops would be three dimensional and would provide shade at different locations. Tl location and number of stops to be constructed would be determined after a design and costs had been determine This design would then be presented to Council for their approval. The Foundation plans to hold a commun:.y meeting where the project would be explained in more detail. The hid school students selected for the project would be required to do a historical and geographical research of the Ci La Quinta and collect artifacts to be used in the structures. Judy Bocca will be the first local artist to work wi the students to design and fabricate the shade structures. CCJH.006 tV))Zr 295 The recommendation of the Committee is based on the determination that the additional funds would provia- a: opportunity to do a more visual project and involve more of the community for this first project which will ran the relocation to a larger area. The options available to the Council are as follows: 1. Approve the project as recommended by the Art in Public Places Committee; 2. Deny the request; 3. Refer the matter to staff for additional information. Attachments: City Council staff report of October 4, 1994 CCJH.006 o10 296 City Council Minutes 13 April 4, 1995 Mr. Cosper advised that he wasn't sure about the tracks beyond Riverside nor the costs of the proposal. He said that the purpose of the resolution is to support the concept of a rail corridor which will open various funding sources. After the resolution is adopted, it will be forwarded to the Riverside County Transportation Commission and appropriate Federal offices. Council Member Sniff felt that the proposal was relatively benign, but would support the concept. RESOLUTION NO. 95-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ENDORSING THE CONCEPT OF A COACHELLA VALLEY NAFTA RAIL CORRIDOR. It was moved by Council Members Sniff/Cathcart to adopt Resolution No. 95-23 as submitted. Mr. Jack Sobelman, 52-815 Avenida Martinez, suggested that a Metrolink stop be constructed at Washington Street to benefit the La Quints Hotel. . Mayor Pena pointed out that the issue is only a concept at the present time. Motion carried unanimously. 3. CONSIDERATION OF A REQUEST OF THE ART IN PUBLIC PLACES COMMITTEE FOR A CHANGE IN LOCATION FOR THE YOUTH ART PROJECT FROM THE EISENHOWER PARK TO THE BEAR CREEK BUM PATH. Council Member Sniff advised that lengthy discussions were held a few years ago regarding a series of rest -stops along the Bear Creek Bike Path and he expressed a wish for those discussions to resurface. Mr. Herman, Community Development Director, advised that the location of the art will be coordinated with one of the six rest -stops. Mr. Cosper advised of the possible use of Urban Forestry funds to install landscaping and irrigation at the rest -stops, but stated that they couldn't be used for lighting installation. U11- 297 City- Council Minutes 14 April 4. 1995 Council Member Sniff felt that a common theme should be developed between the rest - stops such as bike racks, benches, and water fountains. He encouraged comprehensive planning of the project. Mr, Herman advised that the final design will be brought back to the Council for approval. Mayor Pena pointed out that the bike path is heavily used. MOTION - It was moved by Council Members Sniff/Bangerter to approve the request to relocate the Youth Art Project as recommended by the Art in Public Places Committee (and inclusive of the overall concept). Motion carried unanimously. MINUTE ORDER NO. 95-67. 4. COtSIODERATION OF AUTHORIZATION TO RENEGOTIATE THE EXISTING A G SERVICES OF CONRAD AND ASSOCIATES. MOTIO It was moved by Council Members Sniff/Bangerter to autho ' renegotiation of the co tant services agreement with Conrad & Assoc' Motion carried unanimously. ORDER NO. 95-68. 5. TRANSMITTAL O ASURER'S REPORT DVED FEBRUARY 28,1995 FOT THE CITY OF LA Q A AND THE LA Q A FINANCING AUTHORITY. MOTION - It was moved Council Me Sniff/Cathcart to receive and file the Treasurer's Report dated Feb 28, 1 for the City of La Quinta. Motion carried unanimously. MINUTE ORD N 95-69. MOTION - It was moved by Members Sniff/Cathcart to receive and iae the Treasurer's Report dated F 2 995 for the La Quints Financing Authority. Motion carried unanimo MINUTE ER NO. 95-70. 6. CONSIDERA OF A DONATION FRO KSL RECREATION FOR ONE GUEST CO ANT TO PLAY IN THE L RTY MUTUAL LEGENDS OF GOLF TO AMENT. Ms.rtion, neywell, City Attorney, recommended that Co ' direct staff to prepare a reso accepting the donation from KSL for - one gues ontestant to play in the Liberty Mutual Legends of Golf Tournament and authorize the Manager to designate the recipient. City Council Minutes ATTACHMENT 3 4 March 2, 1999 Council Member Adolph suggested Gamby also appear at Senior Center luncheons, open houses, ribbon -cutting ceremonies, and some of the Mayor's Lunches and Chamber Mixers. In response to Council Member Sniff, Ms. Horvitz advised that a contractual position was considered, but it was determined that a part-time employee position would better serve the City and represent a quality representative. Ms. Honeywell, City Attorney, advised that it's also more clearly covered under the City's liability coverage. In response to Council Member Adolph, Ms. Horvitz advised that the City has a mascot training video which addresses what a mascot should or should not do relative to limiting liability concerns. Council Member Sniff asked if a costume for warmer weather was planned, as well as one made of more authentic colors. Ms. Horvitz advised that there is a vest that can be worn underneath the costume to help keep the body from overheating. Mayor Pro Tem Henderson suggested something be done to make the feather on top of the head stick up straighter, and asked where the costume is stored, to which Ms. Horvitz responded at City Hall. MOTION - It was moved by Council Members Sniff/Perkins to approve the part- time position classification for the City Mascot "Gamby the Quail." Motion carried unanimously. MINUTE ORDER NO. 99-25. 2. CONSIDERATION OF DESIGN AND LOCATION OF THE BEAR CREEK TRAIL ART PIECE AS PROVIDED BY THE LA QUINTA ARTS FOUNDATION. Ms. Horvitz, Community Services Director, advised that in 1994 the La Quinta Arts Foundation •:roposed doing an art project with local youth, and in 1995 the location for the art piece was changed from Eisenhower Park to the Bear Creek Trail. Due to various reasons, the project was shelved for sometime, and the Arts Foundation is now submitting the proposed design for the art piece. Jana Barbier, P. O. Box 777, Education Director of La Quinta Arts Foundation, stated that the art piece, "Love Seat," was designed by internationally known artist, Gene Flores, who is willing to work with the youth on the installation. ; MM 299 ® City Council Minutes 5 March 2, 1999 The art piece will be made of brushed stainless steel with split -stone seats, and poetry will be engraved on the wall. In response to Council Member Perkins, Ms. Barbier advised that it will have a raised concrete base. The pillars can also be filled with concrete, and the stainless steel won't take on the heat until the concrete gets very hot. If the steel should get damaged it can be brushed out. Council Member Adolph didn't have a problem with the design, but felt the stainless steel is not indicative of the trail area. Ms. Barbier stated that the artist's intent was to do homage to the metal roof structures built here many years ago. The brushed stainless steel will pick up the color tones of the sky and mountains, but it won't reflect the sun. Council Member Adolph believed the stainless steel would get hot, and was concerned about someone getting burned. M.s. Barbier pointed out that metal art pieces are placed all along El Paseo in Palm Desert. Council Member Perkins felt the art piece is unique, and didn't have a problem with the stainless steel. Council Member Sniff felt it's totally out of place, and missing a balance of native things such as stone, plants, and maybe water. He felt it would be hot in the summer and cold in the winter, and didn't have enough shade or seating. He felt that it needs to be rethought in order to come up with something that's more functional and compatible with the area, and was concerned that people might trip over the abrupt elevation of the base. Mis. Horvitz pointed out that the art piece would not be replacing one of the four rest stops planned along the trail, one of which will be approximately 500 feet away. Mayor Pro Tem Henderson felt the Council may need to address the issue of the rest stops, and determine if they should all be the same or different. She was impressed with the artist's offer to participate, however, she didn't feel that the roof provides enough shade, and was concerned about someone tripping on the raised step. She also questioned the stainless steel not getting hot during the summer. uA City Council Minutes March 2, 1999 Council Member Sniff felt the glistening from the stainless steel would be offensive and irritating to the eye. Mayor Pro Tern Henderson noted that according to the City's code, the art piece is to be an original, and understood that the artist has used the proposed design in other places. Ms. Barbier stated that it's of the same origin, but not the same design. Council Member Adolph understood that the artist was going more for the artistic aspect rather than a functional shade area, and noted that the City's bus stops have the same problem because they look nice aesthetically, but they lack sufficient shade. His only objection to the art piece was the use of stainless steel. In response to Council Member Perkins, Ms. Horvitz advised that the proposed location is approximately 500 feet from the south end of the trail. Council concurred on referring this back to the La Quinta Arts Foundation asking that it be re -thought with consideration given to Council's comments. Of 3. VONSIDERATION OF NAMING THE CITY'S SEMI-ANNUAL CLEAN- DAYS "MARION HENDERSON DESERT BEAUTIFUL CLEAN-UP DAY (Note:liLere was no verbal or written staff report.) Mayor Pro Te enderson noted that the Desert Bea ul organization is about 35 years old, an t Marion Henderson has m marvelous efforts toward beautification of the ert. Most of the pr cts are now being handled by individual cities, and she it would be e for the various clean-up days to be named after Marion Hen n. Sh sked the Council to consider naming the City's semi-annual clean-up as ."Marion Henderson Desert Beautiful Clean-up Day," and to send lett ther cities encourac,:ng them to do the same. She hoped to be able t ake su n announcemr-nt at their upcoming meeting. Ccuncil concurred. MOTION - It vv moved by Council Members Sniff/Adolph �amehe City's semi-annu clean-up days as "Marion Henderson Desert BeClean-up Day." tion carried unanimously. MINUTE ORDER NO. 99-26. lily 301 ATTACHMENT 4 Proposal Bear Creek Bike Path Arteach in conjunction with the Boys and Girls Club of the Coachella Valley, and Amistad high school, propose to design and construct an environmentally friendly, historically significant, and wsually;Vdq sculpture for the Bear Creek Bike Path in the La Quetta cove. Even when it was under water the Coachella Valley had a rich and unusual his- tory. The indigenous peoples of the region took advantage of fertile ocean wa- ters of what was then an extension of what we call now the Gulf of California. At this time our dry desert sands were under sixty feet of water. The local Indi- ans built stone semi -circles ranging from 3 to S feet high, and 8 to 12 feet in cir- cumference on the mountain shores of the inland body of water. As the tide would rise and ebb, sea water would fill and empty from these ingenious Anic- tures trapping fish in the remaining pools. The deposited fish helped maintain a mubstar�i native paptilation. In the mountains along with the with the native peoples lived an assortment of large mammals. The Wa cst and most fearsome of the mammals was the Califor- nia Gouty of which the canyon is named. The grizzly is depicted in a preserved hieroglyph in the area. This magnificent animal is honored by its representation in the design, as it appears in the hieroglyph, in steel. With the symbolic reconstruction of the fish traps and the Cahuilla Bear Shaman image, we hope to do honor to the history of the region and to the memory of its early inhabitants. Respectfully Submitted, Special Projects Coordinator 'Arteach Specifications COMtrKtion Mattriab; CeMent, Tile, Stone, and Steel Sire; Approximately 5 feet High, and 8 Feet in circumference Msinft aeq Almost Zero, due to the durable surface and hardness of the ma- terials, it will be pretty much indestructible under normal conditions. Foliage will be desert plans native to the cove Graffiti; Surfaces can be surfaced with an anti -gaff ti coating, upkeep would be minimal Environmental Impact, Due to the durable, natural materials used in its con- struction, impact to the enviromnent would be virtually zero visual Impact; Nf6mal, due to its low profile, and natnual coloring, the visual impact would be minor if at all 303 u1 1 A 305 0 i 1) CO- 306 I c x� 14 C 307 u 2 1 : . u22 0 ATTACHMENT 5 ART PURCHASE AGREEMENT THIS ART PURCHASE AGREEMENT (the "Agreement") is entered into this day of , 1999, by and between THE CITY OF LA QUINTA, a California municipal corporation (the "City"), and the LA QUINTA ARTS FOUNDATION ("Foundation")and TERRY HAYES, ARTEACH ("Artist"). RECITALS WHEREAS, the City of La Quinta, VIVA Foundation and the La Quinta Arts Foundation have joined together in community spirit with a vision to enhance the cultural experience of visitors to Bear Creek Channel Bike Path located in La Quinta, CA. A visual art piece will be created and installed, with youth participation to promote art education and awareness in the arts. WHEREAS, the Artist and the Artist proposal ("the proposal") a copy of which is attached hereto as Exhibit "A" has been selected for the design, fabrication and installation of an art piece at the Bear Creek Channel Bike Path. NOW, THEREFORE, the parties hereto, for the consideration and under the conditions hereinafter set forth, hereby mutually agree as follows: ARTICLE I. SCOPE OF SERVICES 1.1 Scope of Design Services. Artist shall prepare or cause to be prepared, any required approvals for all shop drawings, details, and samples, and shall do all other things necessary and incidental to the performance of the Artist's obligations pursuant to this Agreement. 1.2 Scope of Fabrication Services. Artist shall design, fabricate, transport and install an original art composition entitled "Fish Trap with Bear/Bas Relief" (art piece) as presented in the proposal with scale model to the La Quinta City Council on July 20, 1999 pursuant to and by the times set forth in the Scope of Design Build Services and the Schedule of Performance attached hereto as Exhibit A and Exhibit B, respectively, and incorporated herein by this reference. The Foundation shall have the right to review the Artwork at reasonable times during the fabrication thereof. Artist shall submit to the Foundation monthly progress narratives, including photographs, as required by the Schedule of Performance (Exhibit B). The narratives shall include the percentage of the Artwork completed to date, along with an estimated completion date. Artist agrees to be present as required to attend meetings and/or make presentations on behalf of the project with the Foundation, City of La Quinta Cultural Arts Commission and/or City of La Quinta City Council. 3 Art Purchase Agreement Artist shall furnish all tools, equipment, apparatus, facilities, plant, labor, services, materials, and all utilities and transportation, including power, fuel, and water, and to perform all work necessary to construct, transport and install in a good and workmanlike manner the scope of work set forth in the Scope of Design Build Services (Exhibit A), or reasonably inferable therein, together with the appurtenances thereto, at the Site Location. It is understood and agreed that all said plant, labor, services, materials, equipment, and facilities shall be furnished and said work performed and completed by Artist as an independent contractor, subject to the inspection and approval of the City or its representatives. The Foundation shall present to the City in writing for further review and approval any and all significant changes in the scope, design, color, size, material or texture, of the Artwork not permitted by or not in substantial conformity with the approved working drawings and the Scope of Design Build Services (Exhibit A). A significant change is any change in the scope, design, color, size, material, texture, or Site Location which affects installation, scheduling, site preparation, or maintenance for the Artwork or the schematic concept of the Artwork as represented in the schematic drawings, the approved working drawings, and the Scope of Design Build Services (Exhibit A). Foundation and Artist shall at all times maintain proper facilities and provide safe access for inspection of the Artwork by the City, its engineer or representatives, and to the sites wherein the Artwork is located prior to installation. Where specifications require work to be specially tested or approved, it shall not be tested without timely notice to the City, of its readiness for inspection and without the approval thereof, or consent thereto by the City. The Foundation and/or Artist shall promptly notify the respective departments or official bodies when its work is ready for inspection and shall, at once, do all work required to remove any violations or to comply with such inspections, without additional charge to the City. The Foundation and Artist shall perform all work necessary to obtain approvals from the authorities mentioned above without additional cost to the City. As outlined in the Artist's proposal, youth participation is encouraged as an educational outreach component of the project. Artist is responsible for assistance, coordination and transportation of all youth participants. It is understood that youth from the La Quinta Boys and Girls Club (represented by Gretchen Perez) and Amistad High School (represented by Mike Teague) are expected to participate. Artist will be responsible to provide Foundation with signed parental permission and liability release forms provided by the City and Foundation to include name of minor and emergency contacts. Proof of liability and personal injury insurance from La Quinta Boys and Girls Club and Amistad High School will be required to be on file with the Foundation seven (7) days prior to youth involvement. 1.3 Change Orders. In addition to the change orders and extra work specified and provided for in the Scope of Design Build Services (Exhibit A), the City may at any time during the progress of the completion and installation of the Artwork and up to the date of the issuance of a Notice of FORM.CON u24 310 Art Purchase Agreement Completion as hereinafter defined in section 1.6 (a) when in the City's reasonable determination the public interest and necessity so require, request any alterations, deviations, additions to or omissions from this Agreement, Scope of Design Build Services (Exhibit A), or the work, labor and materials to be furnished thereunder, and the same shall in no way affect or make void this Agreement. Foundation and Artist shall adhere strictly to the Scope of Design Build Services (Exhibit A), unless a change therefrom is authorized in writing. In such case, the terms of said change shall be understood and agreed upon in writing by the City, Foundation, and Artist before commencement of said revised work. Should a change order be advised by the City, the City agrees to fund one third of the cost of the change order, with the Foundation covering the cost of the additional two thirds cost. 1.4 Post -Fabrication Services. a. The Foundation and/or Artist shall notify the City in writing when fabrication of the Artwork is completed and ready for delivery and installation at the Site Location which is designated in Exhibit A and B, attached hereto and incorporated herein by reference. b. Upon completion and at all times during fabrication and installation, the Artwork shall comply with all applicable statutes, ordinances and regulations of any governmental agency having jurisdiction over the Artwork. 1.5 Post -Installation. a. The Artist shall be available at such reasonable time or times as may be agreed between the City, Foundation, and Artist to attend any and all inauguration, ground breaking, or presentation ceremonies upon completion of the Artwork. b. The Foundation shall use reasonable efforts to arrange for publicity for the completed Artwork by local media and publications, and otherwise as may be determined between the City, Foundation, and Artist as soon as practicable following installation. C. Upon final acceptance of the Artwork by the City, the Artist shall provide the City with written instructions for appropriate maintenance and preservation of the Artwork. FORM.CON ' + 5 311 Art Purchase Agreement 1.6 Final Acceptance. a. The Artist shall advise the Foundation and the City in writing that the Artwork is complete. Following receipt of such notice the City shall cause the installed Artwork to be inspected by suitably qualified and appropriate professional(s), and within five (5) days following completion of such inspection(s), the City shall either provide the Foundation with reasonably specific written objections to the installed Artwork or notify the Foundation of its acceptance of the Artwork by a Notice of Completion in the form attached hereto as Exhibit D. Such Notice of Completion (Exhibit D) shall be evidence of the final acceptance and satisfactory completion and installation of the Artwork in conformity with this Agreement, subject to the indemnification, representations, and further performance obligations set forth in this Agreement. b. Final Acceptance by the City of the ownership of the Artwork will occur upon receipt by the Foundation of the Notice of Completion. At that time the ownership and responsibility for the Artwork will rest with the City of La Quinta. 1.7 Risk of Loss. Upon issuance of the Notice of Completion, the risk of loss or damage to the Artwork shall be borne by the City. The Artist shall take such measures as are necessary to protect the Artwork from loss or damage, through insurance or other adequate security, and to maintain the Artwork until the Notice of Completion is made by the City. The Foundation shall require the Artist to take such measures as are necessary to protect the Artwork from loss or damage, through insurance or other adequate security, and to maintain the Artwork until the Final Acceptance is made by the City. 1.8 Title. Title to the Artwork and any construction drawings, plans, or other work product generated pursuant to this Agreement shall remain with the Foundation and shall pass and vest with the City upon issuance of Final Acceptance or Termination pursuant to Article IX hereof. ARTICLE II. TIME OF PERFORMANCE 2.1 Time. Foundation and Artist do agree to punctually and diligently perform all their obligations under this Agreement. It is further understood and agreed that should Foundation and/or Artist fail to furnish the labor, materials, equipment, and or services, to perform all work and labor as herein provided in the manner herein set forth in good and workmanlike manner, Foundation and/or Artist shall, in addition to any other penalties provided in the Agreement, be liable to the City for all losses or damages that either may suffer on account thereof. In the event Artist at the time refuses or neglects to supply a sufficient number of properly skilled workers or a sufficient quantity of materials of proper quality, or in effect be adjudicated bankrupt, or files a voluntary petition in bankruptcy, or commits any act of insolvency, or makes an assignment, for benefit or creditors, without the City's and Foundations's consent, or fails to make prompt payment to his materialmen and laborers, or FORM.CON U�;U 312 Art Purchase Agreement fails in any respect to properly and diligently prosecute the work covered by this Agreement, or otherwise fails to perform fully any and all of the Covenants and obligations herein contained; then the City and Foundation may, at their option, after giving twenty-four (24) hours written notice to Artist and Foundation, provide any such labor and materials as may be necessary and deduct the cost thereof from any money then due or thereafter to become due to Artist under this Agreement; or the City and Foundation may at their option, terminate the Artist's right to proceed with the work and, in that event, the City and Foundation shall have the right to enter upon the Artist's warehouse and take possession, for the purpose of completing the work included under this Agreement, of the Artwork or any portion thereof, and all materials, tools, and appliances thereon, and may employ any other person or persons to finish the work and provide the materials therefor. In the case of such discontinuance of Artist's right to proceed with the work, Artist shall not be entitled to receive any further payment under this Agreement until the work undertaken by the City and/or Foundation is completely finished. At that time, if the unpaid balance of the amount to be paid under this Agreement exceeds the expenses incurred by the City and/or the Foundation in finishing Artist's work, such excess shall be paid by the City and/or Foundation to the Artist, but if such expense shall exceed such unpaid balance, then Artist shall promptly pay to the City and/or Foundation the amount by which such expense shall exceed such unpaid balance. The expense incurred by the City and/or Foundation as herein provided, either for furnishing materials or for finishing the work, and any damages incurred by the City and/or Foundation by reason of Artist's default, shall be chargeable to, and paid by Artist, and the City and/or Foundation shall have a lien upon all materials, tools, and appliances, taken possession of, as aforesaid, to secure the payment thereof. If the City and/or Foundation elects not to terminate Artist's right to proceed, Artist agrees to reimburse the City and/or Foundation for losses or damages resulting from the delay in speedy progress of work. If Artist should neglect to prosecute the work properly or fail to perform any provisions of this Agreement, the City and/or Foundation, after three (3) days' written notice to Artist, may without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due Artist; provided, however, that the City and/or Foundation shall approve such action and certify the amount thereof to be charged to Artist. ARTICLE III. WARRANTIES 3.1 Title. The Artist represents and warrants that: (a) the Artwork is solely the result of the artistic effort of the Artist; (b) except as otherwise disclosed in writing to the City and Foundation, the Artwork is unique and original and does not infringe upon any copyright; (c) the Artwork, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the Artwork is free and clear of any and all encumbrances and/or monetary liens. 3.2 Quality and Condition. The Artist represents and warrants, except as otherwise disclosed to the City and Foundation in writing, that: (a) the fabrication of the Artwork will be performed in a workmanlike manner; (b) the Artwork, as fabricated and following installation, will be free of patent and latent defects in material and workmanship, including any defects FORM. CON 313 Art Purchase Agreement consisting of "inherent vice" or qualities which cause or accelerate deterioration of the Artwork; and (c) reasonable maintenance of the Artwork will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by the Artist to the City and Foundation hereunder. The warranties described in this Section 3.2 shall survive for a period of one (1) year after the Acceptance of the Artwork, except the representation and warranty concerning latent defects shall survive for a period of three (3) years from after Acceptance of the Artwork. The City and/or Foundation shall give notice to the Artist of any observed and claimed breach with reasonable promptness. The Artist shall, at the request of the City or Foundation, and at no cost to the City or Foundation, cure reasonably and promptly the breach of any such warranty which is curable by the Artist and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the Artwork). ARTICLE IV. PERFORMANCE BONDS The Artist shall not be required by the City to post any performance bonds or similar undertakings, and any requirement of any other authority for performance bonds shall be the responsibility of the City. Nevertheless, Artist shall prevent any lien from attaching to the Artwork by any person claiming under Artist. ARTICLE V. REPRODUCTION RIGHTS 5.1 General. The Artist shall retain all rights under the .Copyright Act of 1976, 17 U.S.C. Sections 101 et seg., and all other rights in and to the Artwork except ownership and possession, except as such rights are limited by this Agreement. In view of the intention that the Artwork in its final dimension shall be unique, the Artist shall not make any additional exact duplicate, dimensional reproductions of the final artwork, nor shall the Artist grant permission to others to do so except with the written permission of the City and Foundation and at such time as Final Acceptance by the City at which time the City alone map approve. The Artist grants to the City, Foundation, and its assigns an irrevocable license to make two- dimensional reproductions of the Artwork for noncommercial purposes, including but not limited to reproductions used in advertising, brochures, media publicity, and catalogues or other similar publications, provided that these rights are exercised in a tasteful and professional manner. 5.2 Notice. All reproductions by the City and Foundation shall contain a credit to the Artist and denote its location, provided that the Artwork is protected by United States copyright law and reasonable substantiation thereof is provided to the City. 5.3 Registration. The Artist may at its expense cause to be registered, with the United States Register of Copyrights, a copyright in the Artwork in the Artist's name. FORM.CON U�:u 314 Art Purchase Agreement ARTICLE VI. ARTIST'S RIGHTS 6.1 Identification. The Foundation shall, at its expense, prepare and install at the Site, pursuant to the written instructions and subsequent approval of the Artist, a plaque identifying the Artist, the title of the Artwork and the year of completion, and all other appropriate recognition. 6.2 Maintenance. The parties recognize that maintenance of the Artwork on a regular basis is essential to the integrity of the Artwork. 6.3 Repairs and Restoration. a. The City shall have the right to determine, after consultation with a professional art conservator, when and if repairs and restoration to the Artwork will be made. To the extent practical, the Artist, during the Artist's lifetime, may be given the opportunity to make or personally supervise significant repairs and restorations and shall be paid a reasonable fee for any such services, provided that the City and the Artist mutually agree in writing, prior to the commencement of any significant repairs or restorations, upon the Artist's fee for such services. No fees shall be paid to Artist for repair or restoration due to a breach of the representations and warranties set forth herein. b. All repairs and restorations shall be made in accordance with recognized principles of conservation. 6.4 Maintenance and Alteration of the Artwork. a. The City shall maintain the Artwork in a manner that the City determines appropriate in its sole discretion. b. The City shall use its reasonable efforts to meet and consult with Artist prior to the time of making any alteration. If any alteration is made without the consent of Artist, Artist shall have the right to direct the City to remove Artist's name from the Artwork. In connection herewith, Artist hereby acknowledges and agrees that Artist is familiar with Section 987 of the California Civil Code and the rights and protection afforded Artist thereunder, and Artist hereby waives each and all of Artist's rights and protection under Section 987 of the California Civil Code to the extent such rights and protection are inconsistent with this Section 6.4; provided, however, that to the extent that the rights and protection afforded Artist under Section 987 of the California Civil Code are not inconsistent with this Section 6.4 or pertain to matters that are not dealt with in this Section 6.4, Artist shall retain such rights and protection. 6.5 Permanent Record. The City shall maintain a record of this Agreement and of the location and disposition of the Artwork. FORM.CON U�;J 315 Art Purchase Agreement 6.6 Artist's Address. The Artist and Foundation shall notify the City of changes in their address. The City shall take reasonable effort(s) to locate the Artist when matters arise relating to the Artist's rights under this Agreement. 6.7 Surviving Covenants. The covenants and obligations set forth in this Article VI shall be binding upon the parties, their heirs, legatees, executors, administrators, assigns, transferees and all their successors in interest, and the City's covenants do attach and run with the Artwork and shall be binding to and until twenty (20) years after the death of the Artist unless otherwise stated herein. Upon the death of the Artist, the representative of Artist's estate shall assume the surviving covenants and obligations of Artist set forth in this Article VI. ARTICLE VII. ARTIST AS INDEPENDENT CONTRACTOR The Artist shall perform all work under this Agreement as an independent contractor and not as an agent, joint venturer, partner or an employee of the City or the Foundation. The Artist shall not: a. be supervised by any employee or official of the City or the Foundation; b. exercise supervision over any employee or official of the City or the Foundation; C. have authority to contract for or bind the City or the Foundation in any manner; or represent itself as an agent of the City or the Foundation; or otherwise be authorized to act for or on behalf of the City or the Foundation; d. have status as the City's or Foundation's employees or have any right to any benefits that the City or Foundation grants to its employees. ARTICLE VIII. ASSIGNMENT OR TRANSFER No party shall assign or transfer an interest in this Agreement without the prior written consent of the other parties, provided, however, that claims for money due or to become due from the City or the Foundation under this Agreement may be assigned to a financial institution without approval. ARTICLE IX. TERMINATION The City and the Foundation may, by written notice to the Artist, terminate this Agreement either (a) upon the failure by Artist to perform any of its obligations hereunder in accordance with the terms hereof or any other breach by Artist of the terms of this Agreement, when such failure or breach continues uncured for fifteen (15) days following notice thereof from the City or Foundation to Artist ("Termination for Default"), or (b) at any other time in FORM.CON U3,0 316 Art Purchase Agreement the sole and absolute discretion of the City and Foundation ("Discretionary Termination"). Termination for Default and Discretionary Termination are sometimes hereinafter collectively referred to as "Termination". Upon Termination, except as provided in this Article IX, all parties shall be released from all further obligations and liability hereunder. Effective upon a Termination, the Artwork, or so much thereof or has then been completed, shall be transferred to and shall belong to the Foundation. In such event and upon Artist's written request, the Foundation shall remove Artist's name from the Artwork. Upon a Termination for Default and subject to Article 2.1, the Artist shall be entitled only to that portion of the total compensation due Artist that is then payable pursuant to the Schedule of Compensation (Exhibit C); upon a Discretionary Termination, Artist shall be entitled to the full Artist Fees provided for in Exhibit C hereto and that portion of the costs and expenses of Design, Fabrication and Installation of Artwork provided for in Exhibit C hereto that is then payable pursuant to the Schedule of Compensation (Exhibit C), plus all other costs reasonably incurred by Artist following the last payment pursuant to the Schedule of Compensation (Exhibit C), prior to the date of the Discretionary Termination, provided that Artist shall be required to provide the Foundation with reasonable substantiation for such costs. Notwithstanding anything else herein contained, Artist shall not be relieved of liability to the Foundation and/or City for damages sustained by the Foundation and/or City by virtue of any breach of this Agreement by the Artist, and the Foundation may reasonably withhold payments to the Artist until such time as the exact amount of such damages is determined. In the event of a termination, Foundation agrees to conduct research to recommend for the City's approval an artist to complete the project. ARTICLE X. CONTRACTOR ADMINISTRATOR Representing the Art Foundation as the Contract Administrator for this Agreement shall be the Foundation Education Director. Wherever this Agreement requires any notice to be given to or by the Foundation, or any determination or action to be made by the Foundation, the Education Director shall represent and act for the Foundation. Representing the City of La Quinta as the Contract Administrator for this Agreement shall be the City Manager or designee. Wherever this Agreement requires any notice to be given to or by the City, or any determination or action to be made by the City, the City Manager or designee shall represent and act for the City. ARTICLE XI. NON-DISCRIMINATION In carrying out the performance of the services designated, the Foundation, Artist and the City shall not discriminate as to race, color, creed, religion, marital status, national origin or ancestry, and the Artist shall comply with the equality of employment opportunity provisions of State and local laws and regulations as presently existing or hereafter amended. FORM.CON 317 Art Purchase Agreement ARTICLE XII. ENTIRE AGREEMENT This Agreement, consisting of thirteen pages and four exhibits, embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby, except as set forth hereinabove. ARTICLE XIII. MODIFICATION No alteration, change or modification of the terms of the Agreement shall be valid unless made in writing and signed by each party hereto and approved by appropriate action of the City. No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. ARTICLE XV. GOVERNING LAW 15.1 This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws -of the State of California. 15.2 In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, either party may institute legal action to seek specific performance of the terms of this Agreement, to recover damages, or to obtain any other remedy, at law or in equity, consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, in an appropriate Riverside County municipal court, or in the Federal District Court in the district of California which includes Riverside County. 15.3 If any party to this Agreement brings a legal action or proceeding against another party to enforce the provisions of this Agreement, or on account of a claim or dispute arising out of this Agreement, then the prevailing party in such arbitration or legal action or proceeding shall be entitled to reimbursement by the other party of the legal fees and costs, including reasonable attorney fees, incurred by the prevailing party in connection with the legal action or proceeding. ARTICLE XVI. HEIRS AND ASSIGNS This Agreement shall be binding upon and shall inure to the benefit of the City FORM.CON Ui ! i) 0�. 318 Art Purchase Agreement and Artist, and their respective heirs, personal representatives, successors and permitted assigns. ARTICLE XVII. NOTICES All notices, requests, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, returned receipt requested, postage prepaid, as follows: a. if to the City, to: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attention: Community Development Director b. if to the Foundation, to: La Quinta Arts Foundation P.O. Box 777 La Quinta, CA 92253 C. if to the Artist, to: Ms. Terri Hayes ARTEACH 74-945 Hwy.111 Indian Wells CA 92210 ARTICLE XVIII. INDEMNITY With respect to acts, errors or omissions in the performance of Foundation and Artist's obligations hereunder, Foundation and Artist agrees to indemnify and hold harmless the City and its officers, agents, employees, and representatives from and against any and all claims, demands, defense costs, liability or consequential damage of any kind or nature arising out of Foundation's and Artist's (including its subcontractors, agents, employees, assigns or licensees) negligent and/or willful acts, errors or omissions in the performance of Foundation and Artist's obligations under this Agreement. FORM.CON UJ - 319 With respect to acts, errors or omissions in the performance of the City's obligations hereunder, the City agrees to indemnify and hold harmless Foundation and Artist from and against any and all claims, demands, defense costs, liability or consequential damages of any kind or nature arising out of the City's (including its contractors') negligent and/or willful acts, errors or omissions in the performance of the City's obligations under this Agreement. The foregoing indemnities shall be in effect without regard to the maintenance of insurance coverage for any such loss, costs, claims, damages or expenses. ARTICLE XIX. INSURANCE 19.1 Policies. Throughout fabrication of the Artwork the Foundation shall insure that the Artist maintains Comprehensive General Liability Insurance, or Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability (employee and contractual exclusions deleted), Products/Completed Operations Liability, Broad -Form Property Damage and Independent Contractors' ($300.000) per occurrence, combined single limit, written on an occurrence form, and such other forms and amounts of insurance as the City may deem necessary or desirable. All required insurance shall be evidenced by an insurance policy or policies (or the renewal or replacement thereof) reasonably acceptable to the City. Foundation and Artist shall not proceed with any work nor receive payment under this Agreement until, among other things, the City has received the appropriate insurance certificates. Foundation shall require that the Artist, prior to completion, shall maintain or cause to be maintained standard all-risk property insurance in an amount equal to or greater than the full replacement value of the Artwork. The Artist's General Liability policy required by this Agreement shall contain the following clauses: "The City of La Quinta and its officers, agents, employees, representatives, and volunteers along with the Foundation are added as additional insureds as respective operations and activities of, or on behalf of the named insured, performed under contract with the City of La Quinta." Prior to commencing any work under this Agreement, the Artist shall deliver to the Foundation insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clause referenced above. Also, within thirty (30) days of the execution date of this Agreement, Artist shall provide to the City an endorsement to the General Liability policy, which adds to this policy the applicable clause referenced above. Said endorsement shall be signed by an authorized representative of the insurance company and shall include the signator's company affiliation and title. Should it be deemed necessary by the City, it shall be the Artist's responsibility to see that the City receives documentation acceptable to the City which sustains that the individual signing said endorsement is indeed authorized to do so by the insurance company. Also, the City has the right to demand, and to receive within a reasonable time period, copies of any insurance policy 320 Art Purchase Agreement In addition to any other remedies, if Artist fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City and/or Foundation may, at its sole option: a. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to other remedies the City may have, and is not, the exclusive remedy for Artist's failure to maintain insurance or secure appropriate endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Foundation and Artist may be held responsible for payments of damages to persons or property resulting from Foundation's and Artist's, or its respective agents' contractors' or subcontractors', performance of the work covered under this Agreement up to the filing of the Notice of Completion. ARTICLE XX. GENERAL 20.1 Any provisions of this Agreement which shall prove to be invalid, void, or illegal shall in no way affect, impair or invalidate any other provision hereof, and such remaining provisions shall remain in full force and effect. 20.2 Whenever in the specifications any materials or process is indicated or specified by patent or proprietary name or by name of manufacturer, such specification shall be deemed to be used for the purpose of facilitating description of the material and/or process desired, and shall be deemed to be followed by the words "OR EQUAL", and Artist may offer any material or process which shall be equal in every respect to that so indicated or specified. 20.3 Foundation nor Artist shall offer any substitute in said proposal or if a substitute so offered by Foundation or Artist is not found to be equal to that so indicated or specified by name, if one only be so specified or named, or, if more than one be so specified or named, then such one as shall be specified in the proposal, or if none be so specified, then such one shall be required by the City. 20.4 Unless a different date is provided in this Agreement, the Effective Date shall be the latest Date of Execution, hereinafter set forth below the names of the signature hereto. Should the Foundation or Artist fail to enter a Date of Execution, the Effective Date shall be the Date of Execution by the City. 20.5 The City shall give any subsequent owner of the Artwork written notice of the covenants contained herein, and shall cause each such successive owner to be bound thereby. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day FORM.CON UJ5 321 Art Purchase Agreement and year first written above. ATTEST: REGENIA HENSLEY, Deputy City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney City of La Quinta, California CITY: CITY OF LA QUINTA, a California municipal corporation I0 THOMAS P. GENOVESE, City Manager City of La Quinta, California ARTIST: TERRI HAYES FOUNDATION: LA QUINTA ARTS FOUNDATION: By Its FORM.CON t o G UJ�:) 322 Art Purchase Agreement EXHIBIT A SCOPE OF DESIGN BUILD SERVICES SCOPE OF WORK 1. Foundation shall require the Artist to furnish all labor, engineering, material, tools, equipment, etc., required to design, fabricate and install the Artwork in accordance with the quality level and intent of the concept drawings as previously prepared by Artist and approved by the City, along with all governing agency requirements and code criteria. 2. Foundation and Artist are responsible for submitting all required documents relating to the Artwork design to appropriate government agencies so that building plan check and all required permits may be obtained in a timely manner. 3. Foundation and/or Artist shall immediately notify the City in writing of any cost impact or schedule impact whether increase or decrease, resulting from any modifications to the design. Any redesign fees or any other costs incurred by the City due to Foundation's and/or Artist's negligence or failure to keep the City informed of scope variances in a timely manner shall be charged equally to Foundation and Artist. 4. The Artist shall complete the design in sufficient scale and detail as required by the City and governmental authorities for approval. 5. Artist's design and specifications shall be subject to approval by the City and its consultants. II. GENERAL ITEMS OF INCLUSION: As a further clarification to the plans and specifications, the work shall include but not necessarily be limited to the following: 1. Artist shall examine or cause to be examined all supporting and adjacent surfaces and record any defects to the City prior to installing any material. The installation of any material constitutes the Artist's complete acceptance of all substrates as compatible with the work under this Agreement. 2. Any work not provided for in this Agreement must be authorized by the City and Foundation prior to the installation of such work. 3. Artist is responsible for all repairs or replacement of any existing property or work which is damaged as a result of the performance of the work under this Agreement. FORM.CON Uj i 323 Art Purchase Agreement 4. Artist shall provide all unloading, hoisting, scaffolding, and bracing for the Artwork. 5. Artist shall provide all drilling, coring, cutting, fastening, and welding required for the Artwork. 6. Artist shall supply all specialty lighting required to complete the Artwork. 7. Artist shall supply all landscaping required to complete the Artwork. III. SPECIFIC ITEMS OF INCLUSION 1. The Artwork consists of a bear set on a tile platform opposite a rock "fish trap". 2. The Artwork is 8 feet in diameter , four feet high to the top of the bear and two feet high to the top of the fish trap. Interpretative information will be molded int the tile on the base of the art piece. 3. The Artwork is to be located on the southwest corner of Calle Tecate and Avenida Madero, on City property. All set back requirements will be adhered to. 4. The Artwork is to be constructed of concrete, natural rock and ceramic tiles. FORM. CON a UPS 324 Art Purchase Agreement EXHIBIT B SCHEDULE OF PERFORMANCE SCHEDULING: The project will take approximately two months to complete the fabrication of the Artwork. Work will commence during the month of October or November 1999, and completed and installed by January 2000. REVIEWS: There may be one review by the Cultural Arts Commission of the work in progress if the Commission deems it necessary to be conducted prior to the installation of art feature. Determination of whether the review will take place will be determined by the Chairman of the Cultural Arts Commission during the second month of construction. FORM.CON 325 Art Purchase Agreement EXHIBIT C SCHEDULE OF COMPENSATION PRICE: Basic Contract: Total Not to Exceed SCHEDULE OF PAYMENTS: $15,000 $15,000 Artist purchased materials and commences work Lump sum payment to Artist $5,000 Artist completes slab, bas relief and ceramic tiles $5,000 Artist completed poured concrete bear design $2,500 Project completed in full $2,500 FORM.CON t140 - 326 Art Purchase Agreement EXHIBIT D NOTICE OF COMPLETION FOR ARTWORK Piece of Artwork: WHEREAS, by that certain Art Purchase Agreement dated , 1999 ("Agreement"), THE CITY OF LA QUINTA, a California municipal corporation (the "City") contracted with LA QUINTA ARTS FOUNDATION and ARTIST to provide certain "Artwork" (as defined in the Agreement); and, WHEREAS, as referenced in the Agreement, the City shall furnish Foundation and Artist with a Notice of Completion upon completion of the fabrication and installation of the Artwork; and, WHEREAS, such certificate shall be conclusive determination of satisfactory completion of the fabrication and installation of the Artwork, as required by the Agreement, has been satisfactorily completed. NOW, THEREFORE, the parties hereto certify as follows: 1. As provided in the Agreement, the City does hereby certify that the fabrication and installation of the Artwork has been fully performed and completed. Any executory obligations pursuant to the Agreement, which are hereby incorporated herein by reference, shall remain enforceable according to their terms. 2. Nothing contained in this instrument shall modify in any other way any executory portions of the Agreement. IN WITNESS WHEREOF, the Agency has executed this certificate this day of , 1999. CITY OF LA QUINTA, a California municipal corporation by: FORM.CON 4 U _� 327 TWT °F 4Q" COUNCIL/RDA MEETING DATE: October 5, 1999 Adoption of a Resolution Accepting a Donation from KSL to the City of La Quinta RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /4 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council accepting a donation from KSL for four rounds of golf to be given to the International Council of Shopping Centers as a raffle prize at the Palm Desert ICSC Conference, October 6-8, 1999. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: KSL has donated four rounds of golf to the City of La Quinta to be given to the International Council of Shopping Centers to use as a raffle prize at the Palm Desert ICSC Conference, October 6-8, 1999. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council accepting a donation from KSL for four rounds of golf to be given to the International Council of Shopping Centers as a raffle prize at the Palm Desert trade show, October 7-9, 1999; or 2. Do not adopt a Resolution of the City Council accepting the donation; or 3. Provide staff with alternative direction. 328 Respectfully submitted, 6AdA - A"r � � 0 Linda Coyle, Management a yst City Manager's Office Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Copy of the Gift Certificate 320 002 RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ACCEPTING A DONATION WHEREAS, on September 27, 1999, KSL generously donated four rounds of golf to the City of La Quinta; and WHEREAS, the donation was for the purpose of the City giving the gift certificate for the rounds of golf to the International Council of Shopping Centers for use as a raffle prize at the Palm Desert ICSC Conference, October 6-8, 1999; and, WHEREAS, the gift was offered for donation' to the City of La Quinta, and was not given to or limited to the use of any particular employee or official; and, WHEREAS, it is in the best interest of the City of La Quinta to accept the donation. NOW, THEREFORE, the City Council of the City of La Quinta does hereby RESOLVE as follows: The City of La Quinta hereby accepts the donation of the four rounds of golf to use for economic development purposes at the International Council of Shopping Centers Conference. PASSED, APPROVED and ADOPTED this 5th day of October, 1999 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: JOHN J. PENA, Mayor City of La Quinta, California Regenia Hensley, Deputy City Clerk City of La Quinta, California 330 003` APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney City of La Quinta, California 331 004 C a 3 l u a v c w d0 T W w G w O U O rl H � N :3 J..1 i-1 W � w O v � N O O a w •^ G Q O 4-1 O � N m •�I � O F � O Z • O ,D a � o U ;4 U al ATTACHMENT 1 332 T4'!t 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: October 5, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of Request(s) to Recognize PUBLIC HEARING: Congressional Medal of Honor Recipient(s) RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: Fiscal implications are dependent upon Council action. One option is to participate in the Walk of Stars program in Palm Springs. According to The Retired Officers Association (TROA), the ceremony and the cost of five stars to honor the five Medal of Honor recipients is $20,000 (one lives in La Quinta). Other options to honor medal recipient(s) will have different costs which are unknown at this time. Funds may be used from the Special Project Contingency Account (#101-251-663-000) or the General Fund Emergency Reserves (#101-000-300-290). As of this writing, the balance in the Special Project Contingency Account is $33,540.34 which reflects actions taken by the Council up to and including the September 21, 1999 City Council Meeting. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the September 7, 1999 City Council Meeting, under Public Comment, the City Council heard from Mr. William Longenecker, Jr. regarding his request for the City to memorialize La Quinta resident and Congressional Medal of Honor (MOH) recipient, Colonel Mitchell Paige, for Mr. Paige's service to his country. The City Council referred this matter to staff. Subsequent to the September 7, 1999 City Council Meeting, the Council received written correspondence at the September 21, 1999 Council Meeting from TROA seeking funds to offset the cost of purchasing stars for the Palm Springs Walk of 333 Stars and pay for a ceremony to honor five Coachella Valley residents (some posthumously) who have been awarded the MOH (Attachment 1). The Council also referred TROA's request to staff. As indicated in the correspondence, TROA is seeking funds to offset the "estimated $20,000" cost for this project. Staff contacted a representative of TROA who indicated that similar requests were sent to all cities, with the exception of Indio and Coachella. Although the request is fairly recent, the TROA representative reports that, as of September 28, 1999, TROA has received a funding commitment of $1,000 from the City of Rancho Mirage (which has no MOH recipient). Comments were made at the September 7, 1999 City Council meeting relative to the Civic Center Campus expansion area as a possible site to honor Mr. Paige. Given the above, staff is seeking direction from the City Council regarding options for honoring Mr. Paige. ,51 31TA:�� The alternatives available to the City Council include: 1 . Authorize the City's participation in the Retired Officers Association's Valley - wide effort to honor the five Medal of Honor recipients, including Mitchell Paige, by contributing a certain sum towards Meritorious Stars on the Palm Springs Walk of Stars; or 2. Authorize staff to incorporate a plaque or other recognition in honor of Mr. Paige into the Civic Center complex design; or 3. Do not authorize City recognition/participation in honoring Medal of Honor recipent(s); or 4. Provide staff with alternative direction. Respectfully submitte tEi� Britt W. Wilson, Management Analyst City Manager's Office Attachments: 1 for submis Thomas P. Genovese, City Manager Correspondence from TROA C CS T F FM F DA LO F H O N O R 10-05- 9 9. w pd 334 00, ` ATTACHMENT 1 PALM SPRINGS CHAPTER (�=�? O THE RETIRED OFFICERS ASSOCIATION _0er� Post Office Box- 205-1,_ Rancho .Mirage, CA 92270�l�j i WA, 14 September 1999 Dear Mr. Genovese: Palm Springs and the Coachella Valley are indeed fortunate to have five of the most honored military men in our country identified with our area. These men are recipients of the highest award for valor that our country can bestow - the MEDAL OF HONOR. We believe that our valley may be unique to have this number of Medal of Honor recipients in one small area. Though these men have served their country with distinction and have been recognized at the highest level, their recognition within our community has been limited to specific military events or requests from business and civic organizations to assist and to demonstrate their support for worthwhile causes. To honor these American heroes with a lasting tribute, the Palm Springs Chapter of The Retired Officers Association will dedicate a MERITORIOUS STAR for each of the five recipients of the Medal of Honor on the PALM SPRINGS WALK OF STARS as part of the 1999 Veterans Day ceremonies. Two of the recipients to be honored have died in recent months, and their families are looking forward to this lasting memorial. The dedication of the MERITORIOUS STARS will take place at 4:00 PM on Wednesday, November 10, 1999 in Palm Springs. Widespread local and national coverage of this event is expected due to its unique nature. We anticipate a number of dignitaries will be in attendance as well as a sizeable representation from our valley communities. And, the attendance of La Quinta residents is encouraged apd welcomed. The Chapter has accepted this challenge to publicly honor the MOH recipients to insure that their heroism and deeds are remembered for the future. Additionally, the STARS on the WALK, we believe, are a significant way of giving community recognition to all veterans in the valley who have served their country. As non-profit organization, we must rely on contributions to raise an estimated $20,000. for the purchase of the five STARS and to meet other expenses associated with the ceremony; therefore, we are asking for your assistance and support in raising the necessary funds. For your convenience a flyer on the event is attached. Checks should be made payable to the MEDAL OF HONOR STARS Fund. Contributions may be mailed to our Chapter address - P.O. Box 2051, Rancho Mirage, CA 92270. 004 PALM SPRINGS CHAPTER THE RETIRED OFFICERS ASSOCIATION Post Office Box 2051, Rancho Mirage, CA 92270 IV, a& o Stars ANNOUNCES THE PRESENTATION OF MER I TOR IO US STARS ON THE PALM SPRINGS WALK OF STARS FOR LOCAL RECIPIENTS OF THE MEDAL OF HONOR AT 4:00 PM, November 10, 1999 Palm Canyon Drive, Palm Springs PUBLIC IS INVITED HONOREES Col Mitchell Paige, USMC Hobert Bush, USN MGen James Day, USMC Col Lewis Millett, USA Capt William Mc Gonagle, USN *wrt+tw**www,►*,t*w*w*,ewwwwww*,t,tsw,t**,t CUT HERE►w*+t**,t**w****w*ww+ert+r+►wnr,rx*,rww**w Yes, I (we) want to make a tax deductible contribution to the MEDAL OF HONOR STARS Fund and support the Palm Springs Chapter of TROA in recognizing and paying a lasting tribute to the MEDAL OF HONOR recipients in our Valley. Please accept my (our) check made payable to the MOH STARS Fund in the amount of $ 336 Note: Mail to MOH STARS Fund, P.O. Boa 2051, Rancho Mirage, CA 92270 005 i Your consideration of this request is appreciated, and we hope that your members can join us in honoring the local MOH recipients on November 10. Sincerely, zo---cJ Donald L. lbraith Major, USMC (Ret) Event Coordinator Attachments: Valley Honorees WALK OF STARS Flyer Copy to: Mayor John Pena 337 �t► 4W rt.aun A8 Saturday, May 29, 1999 Valley honorees Coachella Valley Medal of Honor recipients: Living: ■ Robert E. Bush of Indio. On May 2, 1945, Bush was a Navy medical corpsman attached to a squad of Marines battling the Japanese on Okinawa during World War II. He braved a fury of artillery, mortar and machine-gun fire to care for the wounded, and lost an eye while simultaneously firing upon the enemy and dragging a wounded officer to safety. ■ Army Col. Lewis Millett of Idyllwild. On Feb. 7, 1951, Millett led an assault up a fire -swept hill near Soam-Mi, Korea, during the Korean War. On the way up, the captain bayoneted and clubbed enemy soldiers, threw grenades and shouted encouragement to his troops, who followed with such a fury that the enemy fled. ■ Marine Corps Col. Mitchell Paige of La Quinta. On Oct 26, C'V1942, the platoon sergeant fighting in the Solomon Islands during World War II led his troops until he was the last American standing. Facing a swarm of advancing Japanese, Paige Paige ran from machine gun to machine gun, blasting away until the forces gradually dwindled. Reinforcements arrived after seven hours, and Paige unbuckled a machine gun from its tripod and led a bayonet charge that drove the Japanese back. Deceased: ■ Marine Corps Maj. Gen. lames L Day of Cathedral City. From May 14 to 17, 1945, during World War II, Day fired upon the Japanese forces on Okinawa, killing nearly 100 men who swarmed his foxhole. For three days, the corporal braved enemy fire to rescue wounded Marines and yielded no ground. ■ Navy Capt. William McGonagle of Palm Springs. On June 8 and 9, 1967, McGonagle, then a commander in charge of the LISS Liberty, which was sailing in international waters in the eastern Mediterranean, was suddenly attacked by Israeli fighter pilots and torpedo boats during the Six Day War. Although he was severely wounded during the attack, McGonagle remained at his battle station for more than 17 hours, steering his ship through the crisis. 338 0 0' 7 T4ty,, 4 4v Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: October 5, 1999 CONSENT CALENDAR: ITEM TITLE: Consideration to Reject Bids for Project STUDY SESSION: 98-1 1, Calle Rondo Drainage Channel Improvements PUBLIC HEARING: Reject the two bids received for Project No. 98-1 1, Calle Rondo Channel Storm Drain and authorize staff to re -advertise the project for bid as part of Project 99-07, Fiscal Year 1999-2000 Citywide Median Island Landscape Improvements. The following funding sources are available for this project: Funding Source Developer Contribution RDA PA#1 Account Number 401-000-480-000 401-000-493-000 TOTAL: Less Prior Expenditure: Remaining Funds Available: Amount $135,000.00 $186,000.00 $321,000.00 $9,966.16 $31 1,033.84 Based upon the Engineer's estimated costs in the amount of $255,455.00, the following represents the proposed project construction budget: Engineer's Estimated Construction Costs: Outstanding Engineering Fees Inspection/Testing: Administration: Subtotal: Contingency: Total Anticipated Costs: $255,455.00 $14,047.00 $19,797.76 $302,072.51 $30,207.25 $332,279.76 TAPW DEPT\CO U NCI L\ 1999\991005c. wpd 339 The total anticipated costs include both channel improvements in the amount of $152,575.00 and landscaping in the amount of $102,880.00. The funding sources are restricted in such a manner that the anticipated developer contributions can not pay for channel improvements. Since RDA Funding is being utilized for this project, the City must bid the project with prevailing wage requirements. Therefore, there are no Charter City implications. 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 drainage channel. On August 3, 1999, the City Council appropriated an additional $56,000.00 from Redevelopment Agency Project Area Number 1; approved the plans, specifications, and Engineer's estimate; and authorized staff to advertise for bids for Project No. 98-1 1, Calle Rondo Channel Storm Drain. On September 10, 1999, the City received two bids, one from Cora Constructors in the amount of $357,838.00 and one from Bonadiman - McCain, Inc. in the amount of $402,378.50. A bid summary which compares the two bids to the engineer's estimated costs is included as Attachment 1. As illustrated, both bids are significantly higher than anticipated. City staff has reanalyzed the bids in an attempt to provide a lower bid for the improvements. A redesign of the Calle Rondo Ditch was completed. This redesign included steepening the side slopes to minimize the height of the retaining wall. With a shorter retaining wall, interlocking masonry units may now be utilized as opposed to reinforced cast in place concrete. On the basis of these revisions, it is anticipated that bids will be received in the $275,000 range or lower, rather than the $360,000 range. Staff is proposing that this project be bid as part of the Citywide Median Island Landscape Improvements in order to provide an anticipated cost savings due to a higher quantity of similar work. It is also anticipated that with a larger project, the bids will be more competitive. The bids will also be restructured in order to bid the landscaping portion of the Calle Rondo Ditch as an additive alternate. Once the prices are received, the developer would be given the choice of either participating in the City's project or completing the landscape portion utilizing the developer's forces. 340 002 T 1PW OEPT\COUNCIL\ 1999\991005c. wpd Considering City Council approval and authorization to re -advertise the bids on October 5, 1999, the following revised project schedule is anticipated: Bid Period (30 days): Contract Award: Sign Contract/Mobilize Construction Period (90 days): Project Acceptance/Close out: October 6, 1999 to November 5, 1999 November 16, 1999 November 29, 1999 November 29, 1999 - February 29, 2000 The alternatives available to the City Council include: March 2000 1 . Reject the two bids received for Project No. 98-1 1, Calle Rondo Channel Storm Drain and authorize staff to re -advertise the project for bid as part of Project 99- 07, Fiscal Year 1999-2000 Citywide Median Island Landscape Improvements; or 2. Award a contract in the amount of $357,838.00 to Cora Constructors for construction of the Calle Rondo Drainage Channel Improvements, Project 98-1 1. This alternative will result in the need to appropriate an additional $148,226.00 from RDA Project Area No. 1 funds; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vog Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese City Manager Attachments: 1 . Bid Summary 341. 003 T:\PW DEPT\COUNCIL\ 1999\991005c. wpd N H Z W a W O m a J z o z le —m Z z _ gZ � V � U)��LU m 0Z U a Z ° O O Z O w W J J U Q00000(n0000000000000000rn H O 00000000000000000000000 O O OU)OO�M(oCpU)0000 O O O o O 0 O 0 N � O ON O O 0 O O G 0 O L) V'(o000�U)OOCDOOOf O C O O O O o O 0 O 0 O 0 O ON U) O O O O P C O It N It U) V M 61i 10D. 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W LU U V » E N o��UU yU"-aa�u'Fu 2 •- 7 d ICS N - T 0 0 c aa•- to �W�c�mofof 022 000 NV CT U U 222222NN U U- U U U� V' 00 (U(ntr ) 'O CS Cam..>>>: L E Ca E E E c c c :c c c c f0 co f0 E (n (n U 0 iHUU��wUUUUUUU 2, L N 0) N 0 0 0 0 0 0 O- 0 c 0 c N c�avihul O O_ _ N W, Z <- N M d• U) CD t ` 00 CA O �- .-��-'!I N M U) (D r` O 0) �NNN O .- IN o o o o 0 Ooo00o00 O co N M cn� 0) Go U7 Ili C � U) cli 06 E9 69 69 E9 f` 69 � 69 69 a- w mo00co00 Ooo -:go O Om0)mC0 69 O r` 00 69 O N E9 It 0) �c'M r-Q1 69 O O O O O O O O O O O O O O O O 0 0 (0 0 0 0 0 U) O (DCDOO rt O to 00 0 0 N Lf) NN(OM-: M 69 69 EA 69 E9 NN Vi IT V O O O O O O 0 0 0 0 0 0 0 U)to0N00 69 00 00 - 69 0 0 E9 O O flj E9 N 69 E9 00000000 00000000 oC000000 O 0co0000Go O IT 0)00000N cM vM(`M(M OM 01 69 69 69 to 69 '7 69 w 69 w O o 0 0 0 0 0 000000 0 U) 0 Uo CV 0 0 69 rl- N (D 69 0 0 Nr69 000 69 69 O C NCo Eo loo o m f` coCO M (D M N 69 w L g � O 69 E9 r� O O O__ 0 �Nto(n E c) Mr W U- ¢¢Zli(n(n O (n W W 0J JJ C O E a_ (0 O F 0 (0 L(D a j N 0 C - U c co �-0Ec rn 01 LL W O y O d O O C N � F- M c o C U) x O (D L_ O a� m C7 .c f° o L.L NLo�n. CC) N M d• U) co I.- 0 0 0 M N 14 N 606 69 (Ll) 69 CV69 Lo 609 U), N M d 0o d j N 3 M d 4) U)U) N p m a m� m 2' T4ht 4 4 QArcv COUNCIL/RDA MEETING DATE: October 5, 1999 AGENDA CATEGORY: BUSINESS SESSION: 3 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of "Triangular Adoption" Program PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: There are costs associated with the City's participation in this twelve month program. The cost of the quarterly awards will be determined by the level of participation as determined by the City Council. The customary City Plaque given for recognition by the City Council will cost approximately $200 for the year. A framed certificate of appreciation will cost approximately $20 for the year. Should the City Council wish to recognize more then one military personnel the cost of the awards will increase accordingly. The Triangular Adoption Program holds a quarterly luncheon to recognize those involved in the program (up to 20 people). If a sponsor is not obtained by PDI Sports Management, the quarterly recognition luncheon may be the responsibility of the City. The cost for one luncheon is approximately $500, and would not exceed $2,000 for the twelve month commitment. The awards and luncheons can be covered by the Special Projects Contingency Account (#101-251-663-000). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The "Triangular Adoption" Program is designed to bring cities, schools and United States Navy or Marine Corps commands together. The purpose of the program is to team local students with a Navy/Marine Corps command based in Southern California to enrich students fundamental skills and social behaviors while the City recognizes the Navy/Marine Corps contributions to maintaining world peace. 343 The program works in the following way: The City formally issues a letter of agreement to PDI Sports Management, the firm operating the program, stating that the City would like to participate in the program. PDI Sports Management then contacts a Navy/Marine Corps command to form a partnership with the "Partnerships In Education" Program which is established through Desert Sands Unified School District. The military command, in turn, adopts a local school and provides on -site tutoring, mentoring, technical expertise and role modeling for students (Attachment 1) with direction from the school. In the letter of agreement, the City Council can designate a local school, from 5t" grade to high school, to be involved on behalf of the City. Since local sponsors are solicited by PDI Sports Management to cover the costs of the program, there are no charges to the City or the school for their participation other than the City's recognition of the military personnel. The City is asked to recognize the sailors/marines for their community outreach endeavors by presenting Monthly or Quarterly Performance Awards. The City Council can determine the level of recognition, either monthly or quarterly, and which level of sailor/marine participation the City of La Quinta would like to recognize. Awards can range from certificates to plaques, as well as items specific to the City of La Quinta such as logo shirts. These awards would be presented to the recipient at a regularly scheduled City Council meeting. PDI Sports Management also requests that the City fund the quarterly luncheon for the military personnel (approximately 20 people) if a local sponsor cannot be obtained. The City's commitment would be for a twelve (12) month period. At the beginning of the program, a three member team (City, School and Command) meets to create a 12-month calendar to identify on -site class room visits, student field trips, the command's movement schedule and other events and activities. The members also draft a Memorandum of Understanding which would include specific goals, methods of measurement, members' resources and commitments, recognition programs and operating procedures. A formal kick off of the program would be planned and designed to be covered by local media, as well as the Washington D.C. Media Center which broadcasts to all U.S. Navy ships, world-wide. Currently, the City of Indian Wells is participating in the program, with students from Gerald Ford Elementary School and the command from the San Diego based USS Bonhomme Richard. The City of Indian Wells recognizes one sailor each quarter for their participation in the program. Each recipient is given a complementary weekend at a local Indian Wells resort. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the City's participation in the "Triangular Adoption" Program, recognize one sailor/marine each quarter and allocate funds from the Special Projects Contingency Account for an amount not to exceed $2,200; or 344 2. Authorize the City's participation in the "Triangular Adoption" Program, recognize more than one sailor/marine each quarter and allocate funds from the Special Projects Contingency Account for an amount not to exceed a determined sum per City Council direction; or 3. Authorize the City's participation in the "Triangular Adoption" Program, recognize one sailor/marine each month and allocate funds from the Special Projects Contingency Account for an amount not to exceed a determined sum per City Council direction; or 4. Authorize the City's participation in the "Triangular Adoption" Program, recognize more than one sailor/marine each month and allocate funds from the Special Projects Contingency Account for an amount not to exceed a determined sum per City Council direction; or 5. Do not authorize the City's participation in the "Triangular Adoption" Program; or 6. Provide staff with alternative direction. ly qubmitted, die Horvitz; Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Information from PDI Sports Management Regarding The "Triangular Adoption" Program 345 S:/community services/ccreports/cc.012.wpd ATTACHMENT 1 A Partner Development International Company Walter M. McIntyre Chief Executive Officer August 19, 1999 Ms. Terry Henderson Mayor Pro Tem City of La Quinta 54711 Eisenhower La Quinta, California 92253 Dear Terry: sports Management Thank you for expressing your interest in "Triangular Adoption." The topic appears quite timely in view of The Desert Sun's banner headline in yesterday's Local Section regarding SAT scores. As promised, attached are "Triangular Adoption" program details and a copy of our visual presentation. In order for us to begin connecting your city with a U.S. Navy or Marine Corps command, we need a written statement of interest - not a commitment. Simply, something that says you would like to proceed with evaluating the opportunity. Thereafter, I will go to La Quinta and meet with whomever to present the proposed program and provide details leading to its approval by the City. Thank you, again. Please do not hesitate to contact for answers to your questions. i erely,er M. McIntyre 44975 St Helena Court Indian Wells California 92210 phone 760.341.3455 lax 760.341.0539 0013 email pdisports@hotmail.com 346 4C , f' A Partner Development International Company Walter M. McIntyre Chief Executive Officer PARTNERSHIPS: REGION: 12 MONTHS: SALUTE: CABLE MEDIA: NAVY -MARINE CORP MEDIA: ADOPT -A -SCHOOL: EDUCATION: REAL-TIME EDUCATION: SAT SCORES: ROLE MODELING: STUDENT APPRECIATION: AWARDS: NO COST: 44975 St. Helena Court Indian Wells California 92210 phone 760.341.3455 fax 760.341.0539 email pdisports@hotmail.com Sports .Nanagemem COACHELLA VALLEY "TRIANGULAR ADOPTION" "Cifies — UA Navy & Marine Corps — Schools Form Partnerships" Cities, U.S. Navy and Marine Corps Commands and Schools reaching out to one another Schools in the Coachella Valley and commands in Southern California Period of time for partnership interaction Cities honor men and women in Armed Service uniforms , Media One will broadcast events Washington DC Media Center will broadcast to all U.S. Navy ships, world-wide U.S. Navy and Marine Corps commands volunteer for student instruction Improvement in vocational and academic skills and knowledge Students visit with command's crew and tour ship or headquarters, and track movements Improvement in Reading and Math skills Demonstration of Navy Core Values - Honor, Courage and Commitment Recognition of Armed Service personnel's contribution to maintaining peace world-wide Quarterly student and sailor/marine Performance Awards With private sponsorships, no cost to cities, commands or schools 347 sports management A Partner Development International Company Walter M. McIntyre Chief Executive Officer WHO IS PDi SPORTS MANAGEMENT & WHAT'S THE CONNECTION BETWEEN SPORTS & "TRIANGULAR ADOPTION" Good questions. PDi Sports Management was founded in 1986 for the purpose of creating sports related professional and amateur partnerships benefiting individuals, corporations and organizations. The connection between sports and "Triangular Adoption" is the outgrowth of PDi Sports Management's Annual Navy -Marine Corps Invitational Golf Tournament - "Desert Strike." The Tournament is a non-profit event, benefiting the Navy -Marine Corps Relief Society. During the last two years of producing this event, a number of relationships between the firm and U.S. Navy and Marine commands have evolved. "Triangular Adoption" is another step in paying tribute to our men and women in uniform and an opportunity to benefit our communities' children - - cities recognize U.S. Navy and Marine Corps contributions to maintaining world peace. - U.S. Navy and Marine Corps personnel demonstrate Navy Core Values: Honor, Courage and Commitment, and participate in enriching students' fundamental skills and social behavior. - Students experience "real-time" education with visits to command headquarters and tracking their movements. PDi Sports Management is operating "Triangular Adoption" in partnership with The Indian Wells Desert Symphony, a 501 (C) (3) non-profit organization and producer of Children's "Music Discovery" Series - An outreach program into community schools, enabling children to feel, touch and hear live orchestral music. The Series is performed in concert halls at no charge to attending children and their accompanying school teachers. 44975 St. Helena Court Indian Wells California 92210 phone 760.341.3455 fix 760.341.0539 i19 email pdisports@hotmail.com 348 A Partner Development International Company Walter M. McIntyre Chief Executive Officer Sports Management COACHELLA VALLEY "TRIANGULAR ADOPTION" NAVY MARINE CORPS CITY SCHOOL OPPORTUNITY: To advance students' social behavior, vocational and academic skills through the Navy -Marine Corps 'Partnership in Bducation Program' sponsored by the Navy Personnel Command. OBJECTIVE: To achieve participation for all nine Coachella Valley cities in partnerships with Navy and Marine Corps Commands who in turn Adopt local schools. PROGRAM: A "Triangular Adoption" is a twelve-month program that begins with cities outreaching to Navy and Marine Corps Commands and forming partnerships with Partnerships in Education. In return, the commands adopt schools and provide on -site tutoring, mentoring, technical expertise and role modeling for students. Emphasis will be placed upon advancing inferior performing Elementary, Middle and High School students' reading and math SAT* scores. * Stanford Achievement Test, Ninth Edition (SAT) Navy Personnel Commands provides teacher lesson plans designed to improve students' skills and knowledge in American history, geography, English comprehension, math, social science and art. Student Field Trips to their adopter command will provide real-time experiences and an understanding of U.S. Navy and Marine Corps' role in our nation's 44975 St. Helena Court defense. Indian Wells California 92210 phone 760.341.3455 fax 760.341.0539 1 email pdisports@hotmail.com 34 9 Individual "pen -pal" relationships will be created between sailors and students for development of communication, language and writing skills. Students will track the movements of their adopter command and thereby, be further exposed to new cultures, geography and math. RECOGNITION: Cities will formally recognize Sailors' and Marines' community outreach endeavors by presenting Quarter Performance Awards. Navy and Marine Corps Commands will recognize students -of -the -Quarter who demonstrate improvement in their reading and math scores. CONCLUSION: In addition to furthering Coachella Valley children's fundamental skills, the direct contact between the students and Navy and Marine Corps personnel will provide an opportunity for students to recognize the benefits of young men and women possessing good character, personal commitment and discipline; and thereby, instilling an appreciation of those who serve our country. "Coachella Valley cities, Navy and Marine Corps Commands and schools will further the commitment to community outreach and service for the sake of our children's future." 2 �tl1'v� 350 . Sports Management A Partner Development International Company Walter M. McIntyre Chief Executive Officer NAVY COMMUNITY SERVICE PROGRAM BACKGROUND AND AUTHORITY PREFACE: Navy and Marine Corps commands are encouraged to promote volunteerism and community service. The Navy Community Service Program (NCSP) targets issues related to education, citizenship, health and fitness, environmental conservation, drug demand reduction, and humanitarian assistance. EXECUTIVE The NCSP offers five "Flagship Projects" that serve SUMMARY: to strengthen youth and community. One in particular is the Partnership in Education Program. It is designed to "Develop American youth to their fullest potential in the areas of education, healthy lifestyles, and civic responsibility. Volunteers tutor, mentor, provide technical expertise, and serve as role models. Project goals include improving scholastic achievement, social and life skill, and providing vocational guidance." DEFINITION: The Partnership in Education Program Flagship is a partnership effort among Navy and Marine Corps commands, public and private sector organizations, schools and youth groups. PRECEDENCE: 44975 St. Helena Court Indian Wells California 92210 phone 760.341.3455 fax 760.341.0539 While the students are direct beneficiaries of Navy and Marine Corps volunteerism, Service men and women acquire personal and professional skills and are exposed to the classroom teacher environment. Moreover, by participating in a Flagship Project, volunteers reinforce the Navy Core Values of Honor, Courage and Commitment as a means to further leadership and character development. On May 5, 1999, the City of Indian Wells' Advertising and Marketing Committee adopted the Navy's newest Amphibious Attack Carrier, USS BONHOMME RICHARD (LHDS) home -ported in San Diego. In turn, the ship's crew adopted Gerald R. Ford Elementary School. The Partnership in Education Program commences with a "kickoff" celebration on July 20, 1999 at City Hall; and a 5th Grade Field Trip to San Diego on September 17, 1999 to visit with the ship's crew and tour the ship. 1 U10 email pdisports@hotmail.com 351 FLAGSHIP Navy Personnel Command is represented by Regional SPONSOR: NCSP Coordinators to provide information and technical support, including information on resources for improving youth opportunities and community quality of life. COMMANDING Partnership between a Navy or Marine OFFICERS: Corps Command and the school is the responsibility of the Commanding Officer. The Commanding Officer may assign a Community Service Command Coordinator to direct the Partnership in Education Program activities. 2 U11 352 A Partner Development International Company Walter M. McIntyre PARTICIPATING ELEMENTS Chief Executive Officer Sports Mansin emem Important to implementing Coachella Valley "Triangular Adoption" Program is to identify four participating elements - cities, U.S. Navy and Marine Corps Commands, Coachella Valley Elementary, Middle and High Schools, and Program Sponsor. CITIES: Cathedral City Coachella Desert Hot Springs Indian Wells Indio La Quinta Palm Desert Palm Springs Rancho Mirage COMMANDS: 51 U.S. Navy, San Diego home -ported ships 5 U.S. Marine Corps facilities including, Barstow Logistic Base; Miramar Air Station; Oceanside Camp Pendleton Amphibious Assault Training Base; Twenty- nine Palms Air Ground Combat Center; and San Diego Recruiting Depot 3 Marine Corps Expeditionary Units SCHOOLS 21 Palm Springs Unified,School District 23 Desert Sands Unified School District 20 Coachella Valley Unified School District SPONSOR: U.S. Navy Personnel Command, Nashville, Tennessee Regional Coordinator, Commander Region Southwest, San. Diego, California Also important to the "Triangular Adoption" is support from local Media: 44975 St Helena Court Indian Wells California 92210 phone 760.341.3455 fax 760.341.0539 email pdisports@hotmail.com KMIR-TV KESQ-TV Media One The Desert Sun 353 nSports management A Partner Development International Company Walter M. McIntyre Chiej&ecutive Officer IMPLEMENTATION PLAN ANNOUNCEMENT: Contact with Participating Elements: CITIES: Obtain Mayors' favorable responses COMMANDS: Identify potential partners SCHOOL Nominate up to 24 schools DISTRICTS• SPONSOR: Nominates up to 48 commands and creates command profiles MEDIA: Obtain commitments to support program PRESENTATION: On -site before eight City Councils On -site at nominated commands On -site at three School Districts On -site at nominated schools FLAGSHIP Partnership in Education Program participants are PARTNERSHIPS: identified as "Triangular Adoptions" - city, command and school. PLANNING This purpose of this initial meeting is to set the MEETING: course for the partnership. All three "Triangular Adoption" members must be represented. City: Identifies support resources and recommended program to recognize Navy or Marine Corps volunteers' performance. performance. Command Briefing: Identifies the command's description, partnership interests, capabilities and available resources. 44975 St. Helena Court School: Identifies specific needs in improving Indian Wells students' vocational and academic skill levels, in California 92210 particular, reading and math. phone 760.341.3455 fax 1 760.341.0539 U 1 :3 email — pdisports@hotmail.com 354 Members create a 12-month calendar identifying on - site class room visits, student field trips, command's movement schedule and any other appropriate events and activities. Members create a memorandum of understanding (MOU) that includes specific goals, methods of measurement, members' resources and commitments, recognition programs, and operating procedures. FORMAL This is essentially a celebration of establishing KICKOFF: the Partnership in Education Program with honored guests and invited media. Head representatives of the "Triangular Adoption" Program will be given a few minutes to introduce members of their delegations and address the audience. Exchange of memorabilia commemorating the event is considered appropriate. 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BACKGROUND AND OVERVIEW: At the September 21, 1999 City Council Meeting, the Council reviewed written correspondence from the Riverside County Transportation Commission (RCTC) requesting that the City adopt a resolution opposing the proposed expansion of Los Angeles International Airport (LAX) and supporting a Regional Airport Plan (RAP) for Southern California (Attachment 1). This matter was referred to staff. According to RCTC, LAX "anticipates expanding its passenger activity from 60 to 98 million passengers per year and cargo activity from 1.7 to 4.2 million tons per year." RCTC expressed concern over the proposal and the "economic and environmental impact to the Southern California Association of Governments six county region." RCTC reports that the Coachella Valley Association of Governments (CVAG), Western Riverside Council of Governments (WRCOG) and RCTC have passed resolutions supporting a RAP and opposing LAX's proposed expansion. 375 Staff contacted CVAG and was informed by CVAG staff that the cities surrounding LAX opposed the expansion due to traffic, noise, and other concerns and requested RCTC, CVAG, and WRCOG to also oppose LAX's plans. Staff also contacted the cities of Rancho Mirage, Palm Desert, Indian Wells, Cathedral City and Indio and determined that these Valley cities have all opposed LAX's expansion by passing a resolution calling for a RAP and constraints limiting LAX to its current operational activity. The City of Palm Springs also took action by adopting a resolution that calls for a RAP, but removed language relative to constraining LAX to its existing operations. Staff discussed the reasoning for this with Mr. Tracy Lincoln, the Deputy Director of Aviation for Palm Springs Airport. According to Mr. Lincoln, Palm Springs Airport is heavily dependent upon LAX and any constraint on LAX's operations could potentially harm Palm Springs Airport. A fear exists that if LAX is not allowed to expand, it will be forced to restrict flights and consequently, cut out markets like Palm Springs Airport in favor of more lucrative flights. Mr. Lincoln also reported that all airlines are against opposing any expansion of LAX. Staff has attached an Issues Paper prepared by Mr. Lincoln that presents Palm Springs Airport staff's perspective on this issue (Attachment 2). The ultimate merit of a RAP and its effect on Palm Springs Airport are unknown. Mr. Lincoln indicated that there is "some validity" that development of regional airports "will help Palm Springs Airport." Staff contacted Ms. Nancy Doria of the Airline Services Committee for her input on this matter. Ms. Doria believes that any predictions of what will happen to Palm Springs as a result of constraining LAX's operations are "all speculation." She feels that there is not enough information at this time to decide whether or not LAX should be constrained to its current operations and that further study such as the RAP may provide more information. Staff also contacted the Southern California Association of Governments (SCAG) and spoke to aviation staff member, Mr. Rich Macias, regarding this matter. Mr. Macias reported that SCAG has not passed a resolution with language to constrain LAX and he also indicated that constraining LAX "would hurt Palm Springs Airport." Mr. Macias further reported that SCAG is working on an aviation plan for Southern California. A draft copy of that plan is due out in December 1999 with a final plan tentatively scheduled to be released in the spring of 2000. Fortified with the above information, staff contacted RCTC staff and was informed that the language constraining LAX evolved from the concern of the cities surrounding LAX. Furthermore, RCTC believes that LAX can increase its passenger flows without physically increasing its size (e.g. utilizing larger aircraft). RCTC staff also mentioned a concern that infrastructure funds could be lost to this region if LAX expands as that area will be deemed more in need of transportation dollars than outlying areas. 376 002, Staff has attached two Resolutions for the Council's consideration; both support a RAP, but one opposes LAX's proposed expansion (RCTC recommended resolution) and the other does not (Palm Springs recommended resolution), although it points out the problems with LAX as reported by RCTC and the cities surrounding LAX. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council calling for a Regional Airport Plan for Southern California (including language opposing LAX's proposed expansion); or 2. Adopt a Resolution of the City Council calling for a Regional Airport Plan for Southern California (excluding language opposing LAX's proposed expansion); or 3. Do not adopt a Resolution of the City Council calling for a Regional Airport Plan; or 4. Take no further action until SCAG's report is released in the spring of 2000; or 5. Provide staff with alternative direction. Respectfully submitted, Britt W. Wilson, Management Analyst City Manager's Office Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Correspondence from RCTC 2. Issues Paper by Palm Springs Airport staff C1MyData\WPD—\CITY COUNCIL\CCSTFFREGIONALAIRPORTPLAN70-05-99.wpd 3'7'7 003 RESOLUTION NO. 99- (Does not constrain LAX) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING THE CITY OF LA QUINTA TO JOIN THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS IN CALLING FOR A REGIONAL AIRPORT PLAN FOR SOUTHERN CALIFORNIA. WHEREAS, the Los Angeles Department of Airports has initiated a revision of the Master Plan for the Los Angeles International Airport (LAX) which anticipates expanding its passenger activity from a current 60 million passengers per year to an expected 98 million passengers per year and its cargo activity from its current 1.7 million tons per year to an expected 4.2 million tons per year; and WHEREAS, expanding its passenger and cargo activity as proposed will greatly increase the number of flights and nearly double ground traffic going to and from LAX; and WHEREAS, communities in the vicinity of LAX which already experience enormous adverse environmental impacts from operations of the airport can expect greatly increased noice and air pollution from ground traffic, especially from dramatic increases in the activity of diesel trucks around the airport; and WHEREAS, airport officials estimate LAX improvements will cost as much as $12 billion, not including the costs of transportation improvements required to facilitate access to LAX which will be paid for by regional taxpayers; and WHEREAS, there are many other commercial airports in Southern California, some with significant histories as commercial airports, some recently converted to commercial or joint military and commercial airports, and WHEREAS, several of these airports are located in areas of Southern California expected to experience the greatest growth in population and employment over the next twenty years, while LAX is near the communities expected to experience the least growth in the same period, and WHEREAS, developing airport capacity near high growth communications rather than concentrating airport development at LAX may be an environmentally superior, lower - cost and more equitable strategy for serving future growth in air commerce in Southern California; and WHEREAS, the development of these regional airport resources will help spread jobs and economic development opportunities more equitably throughout the region, and reduce the public health and environmental burden on communities near LAX, NOW, THEREFORE, BE IT RESOLVED that the City of La Quinta calls upon the communities of Southern California including the City of Los Angeles, the Counties of Los Angeles, Orange, San Bernardino, Riverside, and Ventura; the State of California; and our Congressional Representatives to join together in developing the Regional Airport Plan 378 004 for Southern California that develops the capacity of the commercial airports in Southern California to serve the expanding air commerce marketplace. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta City Council, held on this 5th day of October 1999 by the following vote: AYES: NOES: ABSTAIN: ABSENT: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: REGENIA HENSLEY, Deputy City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California CArnydocuments\Britt WilsonWirportReso (Version 1) 005 RESOLUTION NO. 99- (Constrains LAX) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING THE CITY OF LA QUINTA TO JOIN THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS IN CALLING FOR A REGIONAL AIRPORT PLAN FOR SOUTHERN CALIFORNIA. WHEREAS, the Los Angeles Department of Airports has initiated a revision of the Master Plan for the Los Angeles International Airport (LAX) which anticipates expanding its passenger activity from a current 60 million passengers per year to an expected 98 million passengers per year and its cargo activity from its current 1.7 million tons per year to an expected 4.2 million tons per year; and WHEREAS, expanding its passenger and cargo activity as proposed will greatly increase the number of flights and nearly double ground traffic going to and from LAX, and WHEREAS, communities in the vicinity of LAX which already experience enormous adverse environmental impacts from operations of the airport can expect greatly increased noise and air pollution from ground traffic, especially from dramatic increases in the activity of diesel trucks around the airport; and WHEREAS, airport officials estimate LAX improvements will cost as much as $12 billion, not including the costs of transportation improvements required to facilitate access to LAX which will be paid for by regional taxpayers; and WHEREAS, there are many other commercial airports in Southern California, some with significant histories as commercial airports, some recently converted to commercial or joint military and commercial airports; and WHEREAS, several of these airports are located in areas of Southern California expected to experience the greatest growth in population and employment over the next twenty years, while LAX is near the communities expected to experience the least growth in the same period; and WHEREAS, developing airport capacity near high growth communications rather than concentrating airport development at LAX may be an environmentally superior, lower - cost and more equitable strategy for serving future growth in air commerce in Southern California; and WHEREAS, the development of these regional airport resources will help spread jobs and economic development opportunities more equitably throughout the region, and reduce the public health and environmental burden on communities near LAX, NOW, THEREFORE, BE IT RESOLVED that the City of La Quinta calls upon the communities of Southern California including the City of Los Angeles, the Counties of Los Angeles, Orange, San Bernardino, Riverside, and Ventura; the State of California; and our Congressional Representatives to join together in developing the Regional Airport Plan 330 009, for Southern California that constrains LAX to operate within the capacity of its existing facilities and develops the capacity of the commercial airports in Southern California to serve the expanding air commerce marketplace. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta City Council, held on this 5t" day of October 1999 by the following vote: AYES: NOES: ABSTAIN: ABSENT: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: REGENIA HENSLEY, Deputy City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California C:\mydocuments\Britt Wilson\AirportReso (Version 2) 007� ATTACHMENT 1 Riverside County Transportation Commission June 15, ! 999 Commissioner John J. Pena City of La Quinta 78-495 Calle Tampico La Quinta, CA 52253 R E C E I V E D 3560 (IninemrY Avenue Suitt 100 - Rivewidr. Ca*rnia 92501 phone: (909)787.7141 •fax: (909)787-7920 • wunarrrr.org 99 SEP 15 , 9W..1,2 Li g..,,,...,�16 Dear Commissio enaL__�/,/,j/ CITY OFF LA QUINTA CITY CLERK One of the emerging transportation issues for Southern California istthe proposed expansion plans for the Los Angeles International Airport (LAX). The LAX Master Plan revision anticipates expanding its passenger activity from 60 to 98 million passengers per year and cargo activity from 1.7 to 4.2 million tons per year. These projections reflect unconstrained growth which carry significant economic and environmental impacts to the SCAG six county region. They also give little consideration to the use of existing airport infrastructure such as March, Norton, George and Palmdale, and the positive impacts that reuse would bring to their surrounding jurisdictions and residents. As you'll recall, the Commission took action at its February 1999 meeting to adopt Resolution No. 99-01 calling for the development of a Regional Airport Plan for Southern California that constrains LAX to operate within the capacity of its cxisting facilities and develops the capacity of the many other commercial airports in Southern California. A copy of the resolutibfi is attached for your reference. in addition, both the Coachella Valley Association of Governments (CVAG) and the Western Riverside Council of Governments (WRCOG) have adopted similar resolutions in support of a Regional Airport Plan process. During discussions before each of the above entities, the importance of adopting a resolution by each City in Riverside County was also highlighted in order to underscore the significant concerns and non- support of local and regional bodies regarding the proposed LAX Master Plan. Based on the actions of RCTC. CVAG and WRCOG. I am writing to encourage you and your city to take action as well. Formal adoption of the attached resolution by the City of La Quinta would indeed help to send a strong message about the resolve of Riverside County cities to participate in and seek adoption of a Regional Airport Plan which reflects the needs and interest of our County and its resources. Should you have any questions regarding this request, please contact Ms. Marilyn Williams, Director of Regional Issues and Communications, of my staff. Sincerely, e5:f, e Eric Haley Executive Director Attachment cc. Tom Genovese, City Manager 382 009 SEP-23-99 THU 03:59 PM PALM SPRINGS AIRPORT FAX NO. 760 322 d3O8 P.01 ATTACHMENT 2 ISSUES PAPER Aaff Perspective on Potential Local Imoactc of )nstrainine Growth at Forty-two percent (42%) of the total passenger traffic at Palnt Springs International Airport is commuter passengers. Approximately 75% of these commuter passengers fly to & from LAX. Constraining LAX will result in a reduction of Flights into & out of LAX. 'The most likely candidates for reduction or elimination will be short haul markets, especial]), commuter flights. (Shuttle 1)y United just announced the October 31, 1999 start up of B-737 jet service 4 flights a day year round from PSP to LAX_ Caution should be taken to not take any actions that could jeopardizethe long terns viability of these flights by limiting the future availability of short haul markets at LAX-) Loss of our LAX Commuter and/or Jet Service flights will result in a significant reduction in the single point connectivity available to visitors coming to Palm Springs. There .is no other airport in the region that can offer the number and frequencies of flights to anywhere in the United States and the world that LAX offers. Commuter passengers connecting thru LAX have the absolute best combination of cost & convenience (due to high frequencies) to connect to short, medium & long haul markets. 4. Constraining LAX will make it much more difficult for passengers to get to Palm Springs- Planning trips to Palm Springs, will become more difficult due to the scattering effect of Palm Springs International Airport having to attain commuter airline service to a greater number of airports within the basin all of which will have fewer connections to fewer destinations than would provide. If' you constrain the growth at LAX you constrain the growth at Palm Sprigs International A irport and hence the tourism industry of the entire Coachella Valley, 5- 'The airline industry does not support eonstrainingLAX. Airlines do not initiate sere icc simply because you develop a new or existing airport. 6. The proponents of constraining LA'X assert that if a market base exists, airlines will begin servile. What they fail to acknowledge, is that the service levels (defined as frequencies to different markets) necessary to become a viable, convenient travel option will take many ,years to develop. If -constrained, LAX will need to begin controlling their growth to ensure space for international and domestic long haul markets. Therefore, the potential for reduction of space (or landing slots) available to commuter flights exists long tx;fore any "newly developed or expanded service" airports can fill the void left by the loss of connections and frequencies. In the meantime, the only guaranteed results of capping LAX are an increase in the cost of airfare, and a reduction in the service levels Palm Springs International Airport will have to offer- 7. Some of the counties and communities supporting this issue are noiv operating former military bases. They want to see airline service develop. They feel capping LAX will driveairlines to their airports and create jobs and give birth to a powerful econornic engine (i.e., a commercial service airport). The communities leading the charge and their consultants will openly discuss that the most realistic development expected to arise from capping LAX is rapid growth at Ontario and development. ofEl Toro, thus producing a tri airport situation. Accelerated growth at Ontario will only serve to hinder the ability of Palm Springs International Airport to capture passengers from its own market service ;area that are currently using Ontario- Ontario Airport's passenger surveys indicate that approximate l,- 1.1 ve to seven percent of their passengers originate from the Palm Springs International Airport service area. Growing Ontario will not aid in retrieval of those passengers. 5. LAX has limited space to expand, development of a regional airport system will occur .without constraining LAX. 383 09-23-99 15:56 RECEIVED FROM:760 322 4308 P•01 t.. 010 Tit!t 4 4 Q" COUNCIL/RDA MEETING DATE: October 5, 1999 ITEM TITLE: Consideration of a Recommendation of the Historic Preservation Commission for the Allocation of Funds in an Amount Not to Exceed $10,000 to Hire a Cultural Resources Consultant to Prepare Guidelines for the Curation of Archaeological Collections RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the recommendation of the Historic Preservation Commission and direct staff to appropriate funds from the General Fund Reserve in an amount not to exceed $10,000 and distribute a Request for Services. FISCAL IMPLICATIONS: Staff has estimated that the consultant costs will not exceed $10,000. Should the City Council deem it appropriate, the General Fund Reserve (101-000-300-290) could be used for this purpose. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Historic Preservation Commission (HPC), at its May 27, 1999 meeting, recommended continuance of the proposed Guidelines for the Curation of Archaeological Collections. This was due to staff's recommendations only covering one aspect of curation, that being the temporary storage of the artifacts with the Archaeological Curation Unit (ARU) operated by the University of California, Riverside. In the long term, the Commission would like to pursue keeping the artifacts in a qualified repository within the Coachella Valley, preferably the City of La Quinta (Attachment 1). The following month, June, 1999, staff distributed The State of California Guidelines for the Curation of Archaeological Collections. At its September 15, 1999 meeting (Attachment 2), the HPC recommended the City pursue hiring a cultural resource consultant to prepare a Curation Program. CCCD.001 384 As the City is currently experiencing a rapid rate of development, concern has been raised about the potential loss of archaeological collection without a long term plan for a "qualified repository" to curate the City's cultural resources and associated records. During the Commission's review process, staff distributed a copy of The State of California Guidelines for the Curation of Archaeological Collections which states: "The purpose of the Guidelines is to ensure those archaeological collections and their associated records are preserved and managed adequately so that future generations might use them to: 1. Enhance cultural traditions; 2. Conduct scientific research; and 3. Provide educational and heritage appreciation programs." The City's curation program, should the Council deem it appropriate, would not only be tailored to its needs, but also comply with Federal and State environmental laws and regulations. Some of the topics to be considered in developing the program are: 1. Procedures to assemble, prepare, manage and preserve collections; 2. Procedures for the use of collections; 3. Terms and conditions for contracts, memoranda, and agreements by which archaeological collections are acquired by repositories; 4. Possible funding mechanisms for establishing a "qualified repository" and recommendations for its location; 5. Pursuit of a joint private/public venture to house and oversee the program; and 6. Coordination with the Native American tribal organizations in addressing their concerns. As cultural resources is one of the City's key assets identified both in the General Plan and 1999/2000 Economic Development Plan, implementation of a curation program for archaeological collection will further enhance the City's unique environment as well as the quality of life for its. residents. Based upon this information, the Commission is recommending that a consultant be hired to prepare Guidelines for the Curation of Archaeological Collections. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the recommendation of the Historic Preservation Commission and direct staff to appropriate funds from the Unreserved Fund Balance in an amount not to exceed $10,000 and distribute a Request for Services; or 2. Approve the recommendation of the Historic Preservation Commission and direct staff to appropriate funds from a different fund balance and distribute a Request for Services; or CCCD.001 032 385 3. Do not approve the recommendation of the Historic Preservation Commission; or 4. Provide staff with alternative direction. Respectfully submitted, �rry Hermqh- ommunitV Development Director Approved for submission by, r114 - - t � V .- 411", Thomas P. Genovese, City Manager Attachments: 1. HPC Minutes for May 27, 1999 2. HPC Minutes for September 15, 1999 CCCD.001 003 386 ATTACHMENT 1 Historic Preservation Commission Minutes May 27, 1999 9. Commissioner Irwin asked if any evidence of another cultupebefore the Cahuilla Indians had been found. Mr. Brock stated that i ere was any to be found, it will be found during the monitoring of the ewer trenching as it will go the deepest. 10. Commissioner Puente asked who the re 5ns were given to. Mr. Brock stated they were given to the coroner W it is unknown what they did with them; they were probably give to atherine Saubel, traditional Cahuilla Indian elder and Commissio r on the Native American Heritage Commission. 11. Chairman Wright state e agreed that if anything were to be found it would be very deep due to.11le sand and in essence what they are doing is capping the site with the development of the site. 12. There bei no further questions, it was moved and seconded by Commis 'oners Puente/Vossler to adopt Minute Motion 99-016 accepting Phase Text Excavation Report for the 50 acres located at the northeast co r of Avenue 48 and Jefferson Street, per staff s recommendation: Monitoring during the rough grading and trenching. C. Cultural Resources Guidelines: Curation of Archaeological Resources. l . PlanningManager di Iorio resented the staff report, a co of which is on g p p copy file in the Community Development Department. 2. Commissioner Irwin asked what the requirements were for a repository. Staff stated they would have to obtain that information. 3. Commissioner Irwin stated the Guidelines appear to be generic and she would like to have a study session where the Native American representatives would be invited to discuss what should be done with the items found. After attending the Symposium she would like to have a workshop with representatives from the Native Americans who live in La Quinta to discuss what is being found and how those artifacts are processed and/or handled. Some items that are found do not need to be curated, or sent to Riverside, and could be retained in the desert. 4. Chairman Wright asked what the process was when artifacts were found and asked that a copy of the State Guidelines be sent to each of the Commissioners so they could review and plan a meeting with the local representatives to discuss the Guidelines and look at the possibility of building a repository. CAMy Documents\WPDOCS\HPC 5-27-99.wpd -3- 005 Historic Preservation Commission Minutes May 27, 1999 5. There being no further comments, it was moved and seconded by Commissioners Puente/Irwin to continue this item to the next meeting. Staff was directed to give a copy of the guidelines and CEQA Guidelines to each of the Commissioners. Unanimously approved. VL C RRESPONDENCE AND WRITTEN MATERIAL VII. CO ISSIONER ITEMS: A. C 'rman Wright requested copies of the survey on the historic structures be given I ea of the Commissioners. B. Commiss ner Vossler informed everyone that Commissioner Irwin had been voted La Quinta itizen of the Year by the Chamber of Commerce and also named Chairman of t Volunteers for the La Quinta Arts Foundation. C. Commissioner Pu \teasked if there was any further information on the Betty Williams project. Sed no further work had been proposed. D. Commissioners Dishe Conference they had attended in Palm Springs. VIII. ADJOURNMENT There being no further business, it was moved an econded by Commissioners Vossler/Puente to adjourn this meeting of the Historic Preservation mmission to the next regularly scheduled meeting of the Historical Preservation Commission on J 17, 1999. This meeting of the Historical Preservation Commission was adjourned at 4:22 p.m. May 7, 1999. Unanimously approved. Submitted by: Betty J. Sawyer Executive Secretary CAMy Documents\WPDOCS\HPC 5-27-99.wpd -4- 006 388 ATTACHMENT #2 Historic Preservation Commission Minutes September 15, 1999 3. Commissioner Puente asked about the final report. Staff stated t consultant would be preparing a final report summarizing what is ound and its significance. 4. Commissioner Puente asked staff to explain what a otor grader was and would the use of it destroy any archaeological re ources. Staff stated the consultant had completed a surface recovery t determine what level they could safely dig. If they needed to go furt r they felt safe in using the grader. In any case, they will be monitored til they get to the level of hand excavation. 5. Commissioner Mitchell stated he ha!a concern about 100% excavation but felt it had been resolved. His of r concern was the grading of the top 55 centimeters of the site/thie ff the top 55 centimeters is wiping off he youngest segments oIt is nice to know how things evolved. Unless this is fill. Canged. Staff stated it could be changed. Commissioner Mitchd a requirement be added requiring a two meter by two meter aexcavated to give a profile over the two sensitive areas. 6. Commissione r I n asked if a depth of 55 meters was deeper than what was normally requir d. Commissioner Mitchell stated it is deep for this area. Commissionr rwin asked if the Commission should be requiring them to go deeper. Co issioner Mitchell stated they usually go two meters below the sterile are 7. There eing no further discussion, it was moved and seconded by Co is Puente/Irwin to adopt Minute Motion 99-024 accepting the Arc aeological Data Recovery Plan for the La Quinta Corporate Centre, with th followina modification: The Data Recovery Program shall be modified as follows: two of the most sensitive areas identified in the Phase II Study shall be excavated to a depth of 2 X 2 meters prior to excavation. Unanimously approved. B. Guidelines for Curation of Archaeolocical Collection; a recommendation to the City Council for the allocation of funds in an amount not to exceed $10,000 to hire a cultural resources consultant to prepare Guidelines for the Curation of Archaeological Collections. 1. Planning Manager Christine di Iorio stated that since the last meeting and submitting temporary guidelines for temporary storage of materials, staff did further research and found that it might be more beneficial to hire a qualified 389 CAMy Documents\WPDOCS\HPC9-15-99.wpd -2- 007 v 7 Historic Preservation Commission Minutes September 15, 1999 cultural resource specialist to prepare a more complete package dealing with not only the immediate storage of material, but also look at possible locations for a repository in the Valley and possible funding mechanisms. In addition, information could be prepared on how to prepare, manage, and preserve the collection, consider educational programs, and display possibilities. With this in mind, staff is submitting to the Commission an outline for a Request for Services proposal to be distributed to qualified consultants. 2. Commissioner Irwin stated she would like to see the City construct a local repository as the information the City is losing is too valuable. Once it leaves the Valley it is gone forever. 3. Commissioners Puente and Mitchell agreed and stated they were proud of La Quinta for its efforts. 4. Chairman Wright thanked staff for their work in preparing the necessary documents as he thought it was a very exciting process to be involved in. 5. There being no further discussion, it was moved and seconded by Commissioners Puente/Mitchell to recommend to the City Council the allocation of funds, not to exceed $10,000 to hire a cultural resources consultant to prepare Guidelines for Curation of Archeological Collections. Unanimously approved. VI. CO PONDENCE AND WRITTEN MATERIAL VII. COMMISSI ER ITEMS: None VIII. ADJO There being no further busines , it was moved and seconded by Commissioners Irwin/Mitchell to adjourn this meeting of the Hist 'c Preservation Commission to the next regularly scheduled meeting of the Historical Preservati Commission on October 21, 1999. This meeting of the Historical Preservation Commission was ourned at 3:28 p.m. September 15, 1999. Unanimously approved. Submitted by: Betty J. Sawyer CAMy Documents\WPDOCS\HPC9-15-99.wpd -3- 390 008 T4t�t 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: October 5, 1999 CONSENT CALENDAR: - STUDY SESSION: Consideration of a Funding Request from Simon Motors to Process Three Temporary Use PUBLIC HEARING: Permits RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: If this funding request is approved, $300 can be appropriated from the General Fund Reserve (Account #101-000-300-290) or the Special Projects Contingency (Account #101-251-663-000). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On September 21, 1999, the City Council referred to staff a request from Fred Simon, Sr. (Attachment 1) to pay for the processing of three temporary use permits to celebrate his dealerships 25th Anniversary. Under Section 9.100.140-Temporary Outdoor Events of the Zoning Code events are limited to ten consecutive days and no more than four times in a calendar year. The fee for a temporary use permit is $100 per event for a total of $300. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve a request from Fred Simon, Sr., appropriating $300 from the General Fund Reserve (Account #101-000-300-290) to process three temporary use permits; or 2. Approve a request from Fred Simon, Sr., appropriating $300 from the Special Projects Contingency (Account #101-251-663-000) to process three temporary use permits; or C:\My Documents\WPDOCS\ccjh-simon.wpd 3 9 1_ 3. Do not approve the request; or 4. Provide staff with alternative direction. Respectfully submitted by: J rry Herma ommunity Development Director Approved for submission by: 1112 Thomas P. Genovese, City Manager Attachment: 1. Letter from Fred Simon, Sr. - 392 9021 CAMy Documents\WPDOCS\ccjh-simon.wpd 42= commm& (- <D ,,, CHEVROLET CADILLACOLDSMOBILE Buvt SEPTEMBER 14, 1999 MR. TOM GENOVESE CITY OF LA QUINTA 78495 CALLE TAMPICO LA QUINTA, CA. 92253-1504 DEAR MR. GENOVESE: ATTACHMENT 1 y W PONTIAC-GMC SIMON MOTORS, INC. IS ABOUT TO CELEBRATE IT'S 25TH ANNIVERSARY AS A DEALER OF GENERAL MOTORS PRODUCTS. IT HAS BEEN DOING BUSINESS IN LA QUINTA AS LONG AS THE CITY HAS BEEN IN EXISTENCE. GENERAL MOTORS RECOGNIZE TWENTY-FIVE YEARS AS A MAJOR ACHIEVEMENT FOR A DEALERSHIP UNDER THE SAME OWNER. SM10N MOTORS, INC. AND GENERAL MOTORS ARE PLANNING A 25TH ANNIVERSARY CELEBRATION THAT WILL INCLUDE ADVERTISEMENTS IN THE NEWSPAPER, TELEVISION AND RADIO THAT WILL PINPOINT OUR LOCATION IN LA QUINTA AND BRING RECOGNITION TO THE CITY. WE ARE REQUESTING THAT THE CITY ALLOW US TO HOST THE EVENT IN ACCORDANCE WITH CURRENT CITY REGULATIONS THAT WILL REQUIRE THREE PERMITS. IN VIEW OF THAT, WE ARE ASKING THE CITY TO PAY THE $100.00 FEE FOR EACH APPICATION REQUIRED. THANK YOU FOR YOUR CONSIDERATION. SINCERELY, SIMON MOTORS, INC. J. SIMON CC JERRY BERMAN 393 004 78-611 HIGHWAY 111 • LA QUINTA, CALIFORNIA 92253 • (760) 346-2345 • FAx (760) 564-3489 T4'!t 4 4 Q" COUNCIL/RDA MEETING DATE: AGENDA CATEGORY: BUSINESS SESSION: 7 October 5, 1999 CONSENT CALENDAR: STUDY SESSION: Consideration of an Amendment to Chapter 2.70 PUBLIC HEARING: Sections 2.70.020 (Board meetings) and 2.70.030 (Board functions), of the La Quinta Charter and Municipal Code relative to the Investment Advisory Board RECOMMENDATION: Amend Chapter 2.70, Sections 2.70.020 (Board meetings)and 2.70.030 (Board functions), of the La Quinta Charter and Municipal Code relative to the "Investment Advisory Board:" A.) Move to take up Ordinance No. further reading. B.) Motion to introduce Ordinance No FISCAL IMPLICATIONS: None CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: by title and number only and waive on first reading As a part of the Investment Advisory Board (IAB) workplan, the IAB has reviewed Section 2.70.020 and 2.70.030 of the La Quinta Charter and Municipal Code. The IAB believes that the proposed changes reflect the actual functions of the Board. A redline version of Section 2.70.030, relative to Board functions, was approved by the IAB at their July meeting, by a unanimous vote, and a redline version of Section 2.70.020, relative to Board meetings, was approved by the IAB at their September meeting, by a unanimous vote (Attachment 1). 394 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Amend Chapter 2.70, Sections 2.70.020 (Board meetings)and 2.70.030 (Board functions), of the La Quinta Charter and Municipal Code relative to the "Investment Advisory Board":or 2. Do not amend Chapter 2.70, Sections 2.70.020 (Board meetings) and 2.70.030 (Board functions), of the La Quinta Charter and Municipal Code relative to the "Investment Advisory Board": or 3. Provide staff with alternative direction. Jogn M. Falconer; Finance Director Approved for submission by: Thomas P. Genovese City Manager Attachments: 1. Redline copy of Chapter 2.70, Sections 2.70.020 and 2.70.030, of the La Quinta Charter and Municipal Code ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTIONS 2.70.020 AND 2.70.030 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATING TO THE INVESTMENT ADVISORY BOARD THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION I. That Chapter 2.70, Sections 2.70.020 and 2.70.030 of the La Quinta Charter and Municipal code is hereby amended to read as follows: 2.70.020 Board meetings. The Board usually will meet monthly, 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. 2.70.030 Board functions. A. The principal functions of the Board are: review at least annually the City's Investment Policy and recommend appropriate changes; (2) review monthly Treasury Report and note compliance with the Investment Policy and adequacy of cash and investments for anticipated obligations; (3) receive and consider other reports provided by the City Treasurer; (4) meet with the independent auditor after completion of the annual audit of the City's financial statements, and receive and consider the auditor's comments on auditing procedures, internal controls, and findings for cash and investment activities; and (5) serve as a resource for the City Treasurer on matters such as proposed investments, internal controls, use of change of financial institutions, custodians, brokers and dealers. B. The Board will report to the City Council after each meeting either in person or through correspondence at a regular City Council meeting. SECTION II. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. 01) 396 SECTION III. POSTING: The City Clerk shall within fifteen (15) days after passage of this Ordinance, cause it to be posted in at least three (3) public places designated by resolution of the City Council; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinance of the City of La Quinta. PASSED, APPROVED AND ADOPTED this day of 1999 by the following votes: AYES: NOES: ABSTAIN: ABSENT: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: REGENIA HENSLEY, Deputy City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney City of La Quinta, California o,,) 397 ATTACHMENT NO. 1 2.70.030 Board functions. A. The e: functions of the Board tFtat are: to be addressed at each meeting. (1) Investriient'Peficyg and adequacy of cash and investments for anticipated obligations; and (3) review and make rece rl,l. mend at*o B. The Board will report to the City Council after each meeting either in person or through correspondence at a regular City Council meeting. Section 2.70.020 Board meetings "+rritialtq; The Board use lly [ should meet once a monthly., 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." nl; 398 TW,�t 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: October 5, 1999 CONSENT CALENDAR: ITEM TITLE: Discussion Regarding New Development STUDY SESSION: Pad Elevations PUBLIC HEARING: As deemed appropriate by the City Council. None. None. The City has applied a three-foot maximum pad elevation differential, between building pads in existing tracts and building pads in new tracts, since the early 1990's. This application was originally implemented as a compromise solution at the Sonrisa development before that tract was acquired by the current developer. The three-foot maximum pad differential has been used fairly consistently since then and is commonly coupled with the single -story structure requirement. The three-foot pad differential allows the developer some flexibility to create sufficient slope gradient for sewer and storm water drainage without imposing such extraordinary expense so as to render the project noncompetitive in the marketplace. The benefit for the existing resident is the three-foot maximum pad differential, coupled with the single -story requirement, which imposes sufficient height restriction on the new structure to avoid the effect of a dominating presence created by the new structure with respect to the existing structure. Recently, there have been requests from some existing residents to grade new development pads level with existing development. In some cases this cannot be achieved due to limitations caused by drainage and sewerage issues. 399 TAPW DEPT\COUNCIL\ 1999\991005a, wpd The municipal code' currently allows a building height of 22 feet (one story) if an existing one story dwelling is within 50 feet of the common property line. Additionally, the minimum backyard setback is 20 feet for new lots and 10 feet for existing recorded lots. These dimensions are applied to three examples shown on Attachment 1 to define the sight line slopes that result from different building orientations and architectural styles. The resulting sight line slopes vary from 10% to 24% to 42%. If the dwelling height is reduced to 17 feet as a condition of approval for the development, the sight line slopes in the previous examples can be reduced to 10%, 20% and 30%, respectively. However, in most cases, even the sight line slopes over a 17-foot high dwelling on a level pad are too steep to see the distant mountain ridge line and peaks which are hidden by the new dwelling. If the three-foot pad elevation differential is needed by the developer to make the project economically feasible or to allow for proper drainage and sewerage, there is an equivalent alternative to the 17-foot high dwelling built on a level pad that can be implemented on a pad that is three feet higher than the existing pad. The equivalent alternative is shown on Attachment 2. This equivalency is achieved by requiring an additional 15 feet of setback in the backyard of the new dwelling unit. Attachment 3 shows how much additional setback is needed if a taller dwelling unit is desired by the developer. If a 7,200 SF (72' x 100') lot is increased in depth to accommodate a larger rear yard setback, in lieu of reducing pad height by hauling away dirt, the developer's cost of the additional depth is approximately as follows: Additional 5 feet = $800/lot Additional 10 feet = $1,600/lot Additional 15 feet = $2,400/lot If, however, the pad elevation of a standard 7,200 SF lot is reduced in elevation by three feet by hauling the excess soil to an off -site location, the cost is approximately $9,050/lot. It should be noted, that it is not a matter of lowering the pads on one side of the street only. The street and the pads on the other side of the street must be lowered as well. The $9,050 figure assumes the pads on one side of the street, and the street itself, are lowered three feet and the pads on the far side of the street are lowered only two feet. If the developer is able to retain the soil on -site in lieu of hauling it away by relocating the soil to a different location on the project site, and still comply with the grading requirements and other design constraints internal to the tract, the cost is approximately $2,700/lot. 1 C LQMC Sections 9.50.030 & .040 and 9.60.310 T:\PW DEPT\COUNCIL\ 1999\991005a. wpd Reducing pad elevations instead of requiring a larger setback tends to be the more expensive alternative to attempt scenic view preservation. It is an option that is available, however, it can be onerous and also lead to other difficulties in infrastructure design that may be insurmountable. For example, CVWD requires gravity flow sewers wherever possible. Sewer lift stations are undesirable solutions for CVWD because of the increased maintenance burden and an increased risk of failure which creates greater exposure to claims and adverse publicity for the District. Staff will address this issue more completely during the study session. As one moves away from a mountain range, the mountain ridge line draws closer to the horizon. In La Quinta, it is common place to encounter sight line slopes to prominent peaks in the mountain ridge line to the south and west of La Quinta to be less than 12%. As a result, significantly larger setbacks along with tougher requirements regarding dwelling height are needed to achieve even modest gains toward preserving scenic mountain views. Respectfully submitted, ris A. Vogt Public Works Director/City Engineer Approved for submission by• Thomas P. Genovese, City Manager Attachments: 1 . Sight Line Slopes Created by Different Style Roofs 2. 17' House on Different Pad Elevations 3. Obstruction Height Mitigation via Larger Setback T:\PW DEPT\COUNCIL\ 1999\991005a. wpd ATTACHMENT 1 NOT TO SCALE 42i 22' NOT TO SCALE ln- GABLE-END OBSTRUCTION I_ 20' _I_ 20' .I SANTA FE W/PARAPET WALL OBSTRUCTION 20' _ I 20' - SLOPED ROOF OBSTRUCTION NOT TO SCALE GA .. \PROJECTS\GRADING CONCEPTSWIEW-4 402 005 ATTACHMENT 2 U) z O w J w Q a z w w w U- a 0 z O 0 w U Q J a w O z_ J J ww 7 C] m 03 G:�....%PROJECTSIGRADING CONCEPTSVIEW-7 f, I 6 N O N o) 17' 18, 19' 21' 22' Iq ATTACHMENT 3 r O ;;T O :;T O ;t M It It to LO co t t t t t t O io O io O io N N eY) cM I V f 4 72' 30PI O o o o o o J J J J J J 0 0 0 0 00 O (D N OD IT O N to O N (D O n t` K OD 00 O N N N N N N N � t` ti N N x x x x x x 0 to o too to 0 O N N L I llu GA .... \PROJECTS\GRADING CONCEPTSWIFE 0O 7 T4ht 4 4 49UM COUNCIL/RDA MEETING DATE: October 5, 1999 Discussion of Regulations Regarding Billboards RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: During the September 7, 1999 City Council meeting, Mayor Pena advised that Morris Communications (Fairway Outdoor Advertising) (Attachment 1) has requested that the City Council schedule a study session to discuss the City's outdoor advertising criteria. Staff has researched the history of the City's regulations regarding outdoor advertising, billboards and off premise Signs. The following is a summary of the actions leading up to our current regulations: 1 . On May 1, 1984, the City Council adopted an Urgency Ordinance for a 45-day period (May 1, 1984 to June 15, 1984) restricting the erection or construction of any outdoor advertising display or outdoor advertising structure or outdoor advertising sign within the City of La Quinta (Ordinance No. 53). 2. On June 5, 1984, the City Council continued the Urgency Ordinance prohibiting outdoor advertising displays, structures, and signs from June 16, 1984 to May 1, 1985 (Ordinance 56). 3. On May 7, 1985, the City Council extended the Urgency Ordinance from May 8, 1985 to May 7, 1986. CCJH.00a 4 0 5 4. On September 1, 1987, the City Council adopted a new comprehensive set of sign regulations which prohibited off premise signs. An off premise sign was defined as follows: "A structure which bears a sign which is not appurtenant to the use of the property where the sign is located, or a product sold, or a service offered upon the property where the sign is located, and which does not identify the place of business where the sign is located as a purveyor of the merchandise or services advertised upon the sign. Some temporary signs are not defined as off premise signs as used within this chapter." 5. On April 2, 1996, the City Council adopted Ordinance No. 281 which created new sign regulations. These regulations continue to prohibit off premise, billboards, or outdoor advertising signs. Throughout all of these regulations, the City chose to permit existing off premise, outdoor advertising, billboards to remain provided they were not structurally altered or abandoned for more than one year. The current regulations dealing with off premise signs, billboards and outdoor advertising were sent to Mr. M. Scherer, III, General Manager for Fairway Outdoor Advertising, on September 23, 1999, as well as notifying him that this issue would be on the October 5'" City Council agenda for discussion. The matter is before you for discussion. Respectfully submitted, Jerry H�rman Colmmunity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Letter from Mr. Peter Scheurmier, Morris Communications Corporation dated September 7, 1999 406 0,u P CCJH.00a 7-99 TUE 05:31 PM FLORIDA TIMES UNION M O RR I S September 7, 1999 COMMUNICATIONS C O �, r„ e• T I A. Via Facsimile PETER `+CHEURMTER The Honorable John Pena Vice President N4ayor, City of La Quinta 78-495 Calle Tampico OUTDOOR La Quinta, California 92253 attOAAC.As19.NC fie: La Quinta Sign Ordinance DIRECT NURKETI M; Dear Mayor Pena: FAX NO. 904 359 440 _ ATTACHMENT 1 Following our various meetings and conversations, the purpose of this letter is to request a study session with the La Quinta City Council to discuss the City's current sign. ordinance as it relates to Fairway Outdoor Advertising's continued relationship x1vzth your C_'ity- l;ainvay Outdoor Advertising is a division of Morris Com.rnui-&ations which owns a number of media/informational platforms in the Coachella Valley. In additions to Fairway, Morris owns the seven -station Desert Radio Group, Best Read Guide, Smiline Bus Shelter Advertising, as well as soon to be launched interner and direct marketing platforms. ONE RTVKKSIDE AVE. JACKSORVILLE FLORIDA 2,220L2 fairway has been a part of the economic fabric of the City of La Quinta for many years - Our signs both inside and outside your City routinely- adveti.isc, promote and direct people to La Quinta businesses, including PG -A. West, The La Quittia Hotel and numerous single- TEL 904.-359,4579 family home subdivisions. KAX 903.359.4400 In addition, our various media platforms promote and support La Quinta businesses and events, both commercial and noncommercial. to provide broad -based coverage to schearmr@tu.infi.net residents of the Coachella Valley as a whole, as well as the extremely valuable tourist www.morriscomm.coro community. In short, we help residents and tourists alike.find La. Quinta golf courses, hotels, restaurants and events, as well as provide vital information to valley residews and newcomers in finding; and purchasing new homes. Modern tecluiology, design improvements and creative landscaping allow Fairway to minimize: visual impacts associated with outdoor advertising while still preserving the economic benefits associated with driving more people to the City of La Quinta. 407 ()'-A 4E 05.32 PM FLORIDA TIMES UNION FAX N0, 904 359 4400 P, 03 The Honorable John Perna September 7, 1999 Page Two The Morris mandate to its local operating units is to work with and support the local communities in which, and with which, we do business. h is in this spirit of cooperation that we respectfully request the opportunity to make a presentation before the La Quinta City Council at its meeting on September 21, 1999 to discuss how Fairway and the City can continue the mutually beneficial relationship. Your consideration of this matter is greatly appreciated. rll13:10 cc: William S. Morris, III Will S. Morris, rV Edward M. Scherer, M James Cato Ferguson, -Esquire 408 t. t U . l TW�t444" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: October 5, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Discussion Regarding the Community PUBLIC HEARING: Grant Process RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None at this time. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Community Services Grant Program began in Fiscal Year 1987-88 and is in its thirteenth year of funding. The grant program has been funded out of the Special Projects Contingency Account (#101-101-663-000) which was found in the Legislative Program budget. In Fiscal Year 1997-98, the Special Projects Contingency Account was moved to the Community Services Department budget. From Fiscal Years 1988-89 through 1993-94, the Community Services Grant Program (grant program) was conducted by the Community Services Commission. The Community Services Commission was responsible for publicizing the grant program, distributing the materials, reviewing the applications, interviewing the screened applicants, and making the final recommendation for funding to the City Council. The City Council reviewed the recommendations by the Community Services Commission and made the final funding determinations. In 1994, the Community Services Commission was eliminated, and the grant process for Fiscal Years 1994-97 funding cycles changed. A screening committee comprised of the Parks and Recreation Director and the Finance Director reviewed the applications for adherence to the criteria as listed in the application packet, which is provided as Attachment 1. Once the applications were screened, they were forwarded to the City Council for consideration. 461 During Fiscal Year 1997-98, the grant applications were reviewed by the Cultural Commission and their funding recommendations were forwarded to the City Council for consideration. For Fiscal Year 1998-99, due to the reorganization of the Cultural Commission, Art In Public Places Commission, Human Services Commission, and the Parks and Recreation Commission, it was determined that the City Council would oversee the request for funds as provided for in Attachment 2. For Fiscal Year 1999-2000, staff requested City Council direction for the Community Services Grant Program process. The direction given by the City Council was to establish three categories of funding: Contract Services; Boards, agencies and governmental agencies; and all other organizations. The funding requests are to be forwarded to the City Council for consideration. Attachment 3 is a current Community Services Grant Application and Reconciliation Form. The City Council also allocated $8,000 to the four La Quinta based schools, with a $2,000 maximum per school. The City Council will be given an update on the school funds as they are disbursed via the Community Services Department report. This direction is provided in Attachment 4. Attachment 5 lists all the organizations that have received funds from the Community Services Grant program since Fiscal Year 1987-88. Attachment 6 is a list of programs that have received Community Services Grant funds, and then were re -categorized as a Contract Grant or received a line item in the respective Department's budget. Provided as Attachment 7 are the previous City Council reviews of the Community Services Grant process. Attachment 8 is the criteria used to determine funding by local cities that also provide funds to organizations through a grant process. Respectfully submitted, Dddie Horvitz, Cor*unity Services Director Approved for submission by: Thomas P. Genovese, City Manager 410 U0421 r:, Attachments: 1 . 1995-96 Fiscal Year Community Services Grant Application Packet 2. Minutes from the May 19, 1998 City Council Meeting 3. Community Services Grant Application and Reconciliation Form 4. Minutes from the July 6, 1999 City Council Meeting 5. Community Services Grant Funding History from 1987- 2000 6. Contract Grant and Other Funding Source Amounts 7. City Council Minutes from: January 2, 1996 August 6, 1996 October 30, 1999 April 22, 1997 May 20, 1997 June 3, 1997 September 16, 1997 November 18,1997 8. Grant Program Summary 411 U U 3- S:\Community Services\CCReports\CC.016.wpd ATTACHMENT 1 I 4k, 14-;Ll 4ITr.T-T-.m u i Lei "] Please read the entire packet before filling in information. If you have any questions regarding the application call City staff at 777-7090. 2. Only limited funds are available for these grants. 3. In order to ensure that proposed projects are evaluated in a consistent manner, applicants must submit proposals using the enclosed Application form. Substitute forms (computer generated) are not acceptable. 4. Complete each item. If not applicable, type in "N.A.". Use additional sheets if the space provided is not adequate. However, additional sheets must be clearly marked and referred to within the text of the respective item. 5. All applications for funding must be typed, and applications must be received on or before November 17, 1995 at 5,00 p.m. at the City of La Quinta Parks and Recreation Department, 78-495 Calle Tampico, La Quinta. 6. Applications will be screened and reviewed, and recommendations presented to the City Council. The City Council's decision will be final. I, i1443ZIII The Funding Criteria for this fiscal year is as follows: a. The Applicant is to be located in or serving La Quinta and must demonstrate the value of the grant request to the community. All City funds must be utilized for services to people living in La Quinta. Non -La Quinta based grant applicants must provide evidence of services provided to La Quinta residents in the application. b. If you receive a grant, a Reconciliation Report will be due within 30 days of expending the grant -funds with original receipts and backup documentation to: "City of -La Quinta, Community Services Grants, P.O. Box 1504, La Quinta, CA, 92253". Eligibial t for funding grants received. All Reconciliation Reports must be received no later than June 15, 19961 412 LETTER OF NOTIFICATION The City of La Quinta is proud to announce the application period of the Community Service Grant Program for 1995-96. The Community Service Grants are intended to supply small grants to local service providers who can demonstrate the value of their service to the La Quinta residents. As a past recipient of the Grant program, please make a note that the grant Application deadline is November 17,1995. Ifyour organization is interested in receiving an application packet, .please contact our office at 777-7090. We will be happy to send you an application. They are also available upon request at the front counter of the Parks and Recreation Department counter in City Hall, 778-495 Calle Tampico, La Quinta. The Grant Program has had a reduction in available funding this year which will create greater competition than in previous years. If you have any questions regarding the application or process, please give us a call. It is our hope to review applications and forward for City Council approval by December 5, 1995, with fund distribution by the new year. Sincerely, 413 J) CITY OF LA QUINTA APPLICATION FOR COMMUNITY SERVICES GRANT FISCAL YEAR 1995-96 Name of Organization: Amount Requested: Contact Person: Mailing Address: City: State: Zip Code: Phone No.: 501(c)3 Taxpayer I.D. Number: Date Submitted: 414 Tiilt 4 4QKr«rw APPLICATION 1. What is the overall purpose or goal of your organization? 2. How long has your organization been in existence? Years Months 3. Describe in general the activities or services of your organization: 4. How many people does your organization currently serve? No. of Youth No. of Adults No. of Seniors 5. How many people do you intend to serve in Fiscal Year 95-96? No. of Youth No. of Adults No. of Seniors 6. How many people served in Fiscal Year 95-96 will be La Quinta residents? No. of Youth No. of Adults No. of Seniors 7. How many paid employees/volunteers does your organization employ. No. of full time employees No. of part time employees No. of volunteers S. Describe how your organization is managed and governed. 415 Uv3 V()R.M AM 13. Amount of money requested from the City of La Quinta? $ 14. Has your organization been funded by the City of La Quinta previously? Yes— Noi If yes, when Amount received 15. Need Statement. Clearly and plainly state the reason or need for the requested funds and how these funds will be used, if awarded. 16. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. 17. Attach a copy of your Program Operating Budget, and a separate detailed, concise list of intended Community Services grant expenditures. 41 0 V 3 ceii,, 4 4 Q" UOMMUNITIt SERVICES GRANTS 1995-96 GRANT RECONCILIATION REPORT Due Date: 30 days following expenditure of grant funds. Final Date to Submit: June 15, 1996 Organization Name: Name of Person Completing Report: Mailing Address: Period of Report (Mo/Yr to Mo/Yr): Date Your Organization Received Funds: * Describe Your Expenditure of Grant Funds: Reconciliation: Grant Amount $ Funds Expended $ Balance $ to Phone: Return unspent funds to "City of La Quints" by check with this form. ** Attach supporting documentation (receipts for purchases, cancelled checks, payroll records, billing statements) that is in accordance with the original grant request. All supporting documentation must be originals! 41'7 All questions regarding this form or the grant process should be directed to the Parks and Recreation Department at 777-7090. Mailing Address: City of La Quinta, Community Services Grants, P.O. Box 1504, La Quinta, CA 92253. 0.1 Community Services Grant 1995-1996 Scoring Sheet Screening Committee Screening Statement: The Community Service Grant Program seeks to assist organizations who enhance the quality of life of the residents of La Quinta Name of Applicant: Date: Amount Requested: Purpose: Criteria for Scoring Finance P&R 1. Is Application legible and clearly written? (10pt) Comments: 2. Is Application complete, relative to requested information? (10pt) Comments: 3. Based on the overall content of the Application, is it apparent that the Applicant has the ability to manage and deliver the proposed services? (10pt) Comments: 4. Is the Need Statement clear, and are the needs identified? (10pt) Comments: 5. Are the goals expressed measurable and specific? (10pt) Comments: 6. Is the program of interest and benefit to the City of La Quinta residents? (15pt) Comments: 7. Based on the organization's budget, is there a clear need for the funding? (15pt) Comments: 8. Is it evident that either the organization is based in La Quinta and serving La Quinta citizens, or the organization is non -La Quintabut services provided to La Quinta residents is documented? (20pt) Comments: TOTAL POINTS: 9. If the organization applied for funding in FY94-95, was a Reconciliation Form submitted as requested, by the date requested? Yes : No 418 10. If granted funding in FY94-95, how much funding did the organization receive? DATE NAME ORGANIZATION ADDRESS La Quinta, CA 92253 Dear: The City of La Quinta is pleased to inform you that the ORGANIZATION has been selected as a recipient of the 1995-96 Comriunity Service Grant program. Your organization has been funded by the La Quints City Council in the amount of $$$$$$$$$. Enclosed is a Statement of Understanding for your signature. This statement needs to be signed prior to your organization receiving funds. The statement outlines the commitment by your organization to reconcile the funds once they have been expended. Please return the Statement to the attention of Marty Nicholson, Parks & Recreation Director. When we have received the Statement ofUnderstanding, your organization may send an authorized representative to pick up the check or the check can be maned to you. Please note on the Statement of Understanding your preference for check handling. Checks will be available on DUE DATE or anytime after that date. Again, congratulations! If you have any questions regarding the Community Service Grant program or the process for receiving fiords, please do not hesitate to call'Marty at 619-777-7032. Sincerely, Glenda L. Bangerter Mayor 09 U .1:2 ATTACHMENT 2 City Council Minutes 4 May 19, 1998 3. CONSIDERATION OF CONTRACT SERVICES AGREEMENT AND THE COMMUNITY SERVICES GRANT PROCESS. Ms. Horvitz, Community Services Director, advised that staff is looking for direction regarding this year's process for awarding both the Community Services Grants and Contract Grants. She advised that the history of the program, as well as last year's process, is included in the staff report. Council Member Adolph suggested the amounts be increased this year to provide help to more organizations. In response to Council Member Perkins, Council Member Adolph advised that he recommends increasing the Community Services Grants up to $40,000 and Contract Grants to $100,000 — $110,000. Council Member Henderson advised that she couldn't support an increase in light of the potential loss of $700,000 to the General Fund from the Motor Vehicle Licensing Fee. However, she felt the issue of the amount could be considered at another time since staff is only looking for direction on procedure at this point. She supported the commissions being involved but felt, under the circumstances with brand-new commissions, that Council should handle the process this year instead of placing the burden on the newly established commissions. In regard to the four organizations listed in the staff report for consideration to be added to the Contract Grant process this year, she advised that she had in no way recommended expenditure of City funds for a Rose Parade float but, rather, had brought back the report from the Convention & Visitor's Bureau as information only and she, in fact, does not support such an expenditure. She continued to have a problem with and does not support the City sending out letters to organizations. After looking for a decrease for several years, they saw a decrease last year, and she couldn't support increasing them. She felt perhaps Council should wait to see the outcome of the Motor Vehicle Licensing Fee before granting any of the funds. Council Member Sniff agreed with not soliciting grant applications and didn't see any reason for increasing the Community Services Grant amount. He preferred a reasonable Special Projects Contingency Fund of $40,000. In response to Mayor Pena, Council Member Henderson advised that the City mailed letters last year to organizations that had requested funding prior to Council deciding on how to handle the process. Council Member Sniff suggested increasing the Contract Grant amount from $80,000 to $90,000, noting that it doesn't necessarily mean that the funds will 4wO U13 City Council Minutes 5 May 19, 1998 all be spent, but they would be available. He agreed with Council handling the process this year instead of the commissions and advised that the only organization he would support adding to the Contract Grants list is the Mountains Conservancy for $5,000. He was opposed to providing funding for the Rose Parade float, Bob Hope Classic, and College of the Desert and reiterated his opposition to any solicitation of grant requests. Council Member Henderson pointed out that, in addition to last year's Special Project Contingency Fund of $25,000, the City gave $10,000 directly to the schools for the schools to handle and during the course of the year, there were other requests as well such as the Soap Box Derby, which was able to access AB939 funds. She supported funding the Mountains Conservancy more as a fee or dues structure and part of the budget process and not as a grant. Council Member Perkins advised that he, too, was opposed to soliciting grant applications and was against spending funds for a Rose Parade float. He felt City funds should be used for activities that are more directly in tune with La auinta and its residents/businesses and favored funding for the Mountain Conservancy. In light of the City standing to lose approximately $700,000 from the Motor Vehicle License Fee, he felt Council should stay with last year's grant amounts. Mayor Pena believed the current grant amounts are adequate, but would support an increase to the contingency fund as long as the funds are held in a discretionary fund for Council to use on a case -by -case basis. He also supported a grant process which would make grant recipients ineligible for grants the following year in order to spread the funds amongst more organizations. He felt organizations should not become dependent on the City. In response to Council Member Perkins, Ms. Horvitz advised that the organizations which have not yet submitted their reconciliation reports for last year's funding are marked incomplete on Attachment 4 of the staff report. The deadline for submitting the Contract Grant reports is June 30, and the deadline was May 15 for the Community Services Grant reports. She advised that a few have been received since the completion of the staff report. Council Member Perkins asked if an automatic follow-up procedure exists to make sure that the grant recipients report back on the use of the funds and return any unused portion, to which Ms. Horvitz responded that that is one of -- the tasks that she is working on now. Such follow-up has been done in the past. 41 014 City Council Minutes 6 May 19, 1998 Council Member Henderson noted that some of the organizations are not as sophisticated as some of the others and a few have asked her how to fill out the report since their funds will not be spent until June. Council Member Perkins did not have a problem with that as long as the organizations submit a letter explaining their situation. In response to Mayor Pena, Ms. Horvitz advised that letters were mailed to the Community Service Grant recipients on April 17 reminding them of the May 15 deadline. For those who have not spent their funds and have asked how to complete their report, she has told them to provide the City with a letter explaining their situation. Mayor Pena spoke in regard to some of the organizations not being as sophisticated as the others and felt that should be taken into consideration when the grants are given out. Council Member Henderson noted that all nonprofit organizations are required to submit a Form 990 for tax purposes and advised that last year she pushed for that to be included in their accounting to the City. _ Mayor Pena suggested a workshop on how to complete the forms, etc., be held prior to the deadline. Ms. Horvitz pointed out that she is requesting that the deadline be moved to June 30 next year so that organizations would have that time to expend their funds. Council Member Henderson suggested discussing the dollar amounts in conjunction with discussing the budget. However, she would support for this year reverting back to the contingency fund that the Council would oversee and handle any request for funding. Council Member Sniff supported the $40,000 and advised that after this year, he would support Mayor Pena's suggestion to make grant recipients ineligible for grants the following year. He supported adding in the Mountains Conservancy and would support $90,000 for Contract Grants, with the understanding that the amount need not be spent but would be available. Council Member Adolph explained that that was his intent when he suggested the increase, to save time and process by allocating a sufficient amount of money to cover at least what the City did last year. With regard to the Community Services Grant process, he supported taking the burden of the 422 015 City Council Minutes 7 May 19, 1998 decision -making process off of the commissions because of the newness of the commissions. Mayor Pena supported the request coming back to Council under its discretionary funds and would reserve his right to speak on the amount of the funds at the appropriate budgetary process time. No action was taken. 4. CONSIDERATION OF RECOMMENDATION OF THE ART IN PUBLIC PLACES COMMISSION TO DISTRIBUTE AN RFP FOR THE DESIGN AND CONSTRUCTION OF LANDSCAPING FOR THE ART PIECE AT THE NORTHEAST CORNER OF HIGHWAY 111 AND WASHINGTON STREET IN AN AMOUNT NOT TO EXCEED $30,000. Mr. Genovese, City Manager, advised that staff is requesting this item be continued to June 2, 1998. MOTION - It was moved by Council Members Sniff/Henderson to continue the matter of an RFP for design and construction of landscaping for the art piece at Highway 111 and Washington Street to June 2, 1998. Motion carried unanimously. MINUTE ORDER NO. 98-77. 5. CONSIDERATION OF PRELIMINARY ENGINEER'S REPORT FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 89-1, FISCAL YEAR 1998/99. Mr. Vogt, Public Works - Director, advised that only those projects that are exempt under Proposition 218 have been utilized in calculating the assessment for the Landscape and Lighting Assessment District. The assessment for this year will remain at S35.60/EDU and will cover $796,584 of the landscape budget, which is $1,184,925. The remaining $388,341 will come from other sources such as the General Fund. This year's report was prepared by in-house staff, utilizing a sub -contract with Muni -Financial for the parcel reconciliation. He advised that the proposed resolutions will approve the Preliminary Engineer's Report and declare the intention to levy annual assessments for Landscape and Lighting Assessment District (LLD) No. 89-1 for Fiscal Year 1998/99. In addition, the resolutions direct staff to give public notice of a Public Meeting on June 2, 1998, and a Public Hearing on June 16, 1998, for the LLD. In response to Council Member Henderson, Mr. Vogt advised that the City absorbed approximately $375,000 into the General Fund last year and this year 423 01 ATTACHMENT 3 CITY OF LA QUINTA APPLICATION FOR COMMUNITY SERVICES GRANT FISCAL YEAR 99-00 Name of Organization: Amount Requested: Contact Person: Mailing Address: City: State: Zip Code: Phone No.: 501(c)3 Taxpayer I.D. Number: Date Submitted: 42 U 17 APPLICATION 1. What is the overall purpose or goal of your organization? 2. How long has your organization been in existence? Years Months 3. Describe in general the activities or services of your organization: 4. How many people does your organization currently serve? No. of Youth No. of Adults No. of Seniors 5. How many people do you intend to serve during this Fiscal Year? No. of Youth No. of Adults No. of Seniors 6. How many people served this Fiscal Year will be La Quinta residents? No. of Youth No. of Adults No. of Seniors 7. How many paid employees/volunteers does your organization employ? Full time employees Pert time employees Volunteers 8. Describe how your organization is managed and governed. 42.1 U1IS 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone 10. What is your annual schedule of events, and during what months does your organization operate? 11. Do you charge admission, membership fee, dues, etc.? Yes No If yes, please describe: 12. What are your other sources of revenue for this funding year? Source Amount Total Needed $ Total Received $ Balance $ UI 13. Amount of money requested from the City of La Quinta? $ 14. Has your organization been funded by the City of La Quinta previously? Yes No If yes, when Amount received 15. Need Statement. Clearly and plainly state the reason or need for the requested funds and how these funds will be used, if awarded. 16. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. 17. Attach a copy of your Program Operating Budget, and a separate detailed, concise list of intended Community Services grant expenditures. ' d. Non-profit organizations must attach a copy of the organization's current IRS Form 990. 427 020 COMMUNITY SERVICES GRANT RECONCILIATION REPORT Due Date: 30 days following expenditure of grant funds. Final Date to Submit: May 15' 2000 Organization Name: Name of Person Completing Report: Mailing Address: Phone: Period of Report (Mo/Yr to Mo/Yr): to Date Your Organization Received Funds: **Describe Your Expenditure of Grant Funds: Reconciliation: Grant Amount $ Funds Expended $ Balance $ Return unspent funds to "City of La Quinta" by check with this form. ** Attach supporting documentation (receipts for purchases, canceled checks, payroll records, billing statements) that is in accordance with the original grant request. All questions regarding this form or the grant process should be directed to the Community Services Department at 777-7090. Mailing Address: City of La Quinta, Community Services Department, P.O. Box 1504, La Quinta, CA 92253. SAC=munity Services\CITYGRANTAPPPY98-99.wpd 428 V2 ATTACHMENT 4 City Council Minutes 14 July 6, 1999 with more input from the community. He felt the Board works well together, and didn't wish to see it changed. Council Member Sniff suggested leaving it as it is through the winter, and consider changing it next year when there are four vacancies. Council Member Perkins agreed that community involvement is important, but felt more members means more work for staff. He didn't have a problem waiting until next year and asked if the intent was to fill the current vacancy. Council Member Sniff felt it was appropriate to fill the current vacancy, noting that it would provide continuity when the four vacancies come up next year. Council Member Perkins concurred, but wished sometime in the future to receive staff's input as to the workload on staff in relation to a five -member commission versus a seven -member commission. In response to Mayor Pena, Mrs. Juhola, City Clerk, advised that the City has received about five applications for the current vacancy. MOTION - It was moved by Council Members Sniff/Adolph to approve the Investment Advisory Board Fiscal Year 1999/2000 Work Plan. Motion carried unanimously. MINUTE ORDER NO. 99-92. 5. CONSIDERATION OF CONTRACT GRANT AGREEMENT AND COMMUNITY SERVICES GRANT PROCESS. Ms. Horvitz, Community Services Director, advised that staff is looking for direction in regard to the guidelines for various community groups to submit applications for funding from the Special Projects Contingency Account. Council Member Sniff wished to see the funding/grant requests divided into three categories: 1► contract services such ac the La Quinta Chamber of Commerce, La Quinta Arts Foundation, and potcatially the La Quinta Historical Society; 2) grants to other agencies such as CVRPD, Mountains Conservancy, and the schools; and 3) grants to other organizations such as Friends of the Library, Soap Box Derby, and Concerts Association. Beyond that, he wished to see an additional amount of at least $30,000 maintained in the Contingency Fund for Council's discretionary use. Council Member Adolph agreed, and wished to see that suggestion explored. 421 U2 21 City Council Minutes 15 July 6, 1999 Mr. Genovese, City Manager, advised that per Council's direction at the last Council meeting, funding for contract for services for the La Quinta Chamber of Commerce and the La Quinta Arts Foundation has been established. In addition, a separate line item has been established for the La Quinta Historical Society at $27,000, and a total of $20,200 for the following line items: C. V. Economic Partnership at $5,000, C. V. Mountains Conservancy at $5,000, C. V. Recreation & Park District at $5,200, and the Date Festival at $5,000; making a grand total of $47,200 without the contract for services. The current amount left in the Contingency Account is $62,369. Council Member Henderson suggested using the IRS classification for governmental agencies to define the second category. Mr. Falconer advised that governmental agencies, such as cities and special districts, are classified under 501(a). Mayor Pena agreed with using the three categories and including C. V. Economic Partnership with the contingency group. Council Member Henderson agreed. Council Member Perkins wished to make sure that the funding is used for local benefit, and that the school amount is given to the schools to distribute. He was somewhat concerned about the restriction on repeat requests, noting that it would keep some organizations, such as the Sheriff's Dive Team, from being eligible each year. Council Member Sniff agreed, and noted that some of the organizations are ongoing and need annual support. He suggested changing the language to give preference to local organizations. Council Member Perkins wished to see a report come back to Council on the feasibility of purchasing the La Quinta Historical Society property and leasing it back to them. He felt that it's an important part of the City's history, and would like to see it expanded, but the burden of a mortgage is hinder ing them. Council Member Sniff agreed with checking it out and talking to the Historical Society about it, and felt there might be significant advantages to owning it. He felt that it's not going to have the drawing power that it should until it's enlarged. 430 U23 City Council Minutes 16 July 6, 1999 Council Member Adolph agreed, and felt it would be a tax advantage for the City, noting that the City's annual funding amount would pay for the building in four years. Council concurred on asking staff to look into it and report back to Council. After a brief discussion, Council concurred on the following: establishing three funding categories of 1) contract services, 2) 501(a) governmental agencies, and 3) other organizations; eliminating the repeat clause; Council reviewing the applications, but not advertising the program; allocating $2,000 for each of the four schools with the funds being distributed as requests are received until the funding are depleted; and 501(a) agencies do not have to file a form. Council Member Henderson wished to receive a department report on the school funding requests as they are distributed. MOTION - It was moved by Council Members Sniff/Adolph to establish the three funding categories of 1) contract services, 2) various agencies and boards and governmental agencies, and 3) all other organizations, with the requests being brought back to Council for allocation and distribution of funds, and to allocate $8,000 to the schools. Motion carried unanimously. MINUTE ORDER NO. 99-93. 6. CONSIDERATION OF APPROVAL OF A MEMORANDUM OF UNDERSTANDING WITH THE COUNTY'S EMERGENCY MEDICAL SERVICES AGENCY FOR JOINT MONITORING OF EMERGENCY AMBULANCE SERVICES. There were no changes to the staff report as submitted to the City Council by the Building & Safety Department and on file in the City Clerk's Department. Mayor Pena felt at some point in the future, the Council should discuss having a dedicated ambulance service for the City. Mr. Genovese, City Manager, advised that it's one of the Council's goals to look at during the upcoming fiscal year, and that the proposed Memorandum of Understanding is not intended to take the place of that analysis. MOTION - It was moved by Council Members Sniff/Henderson to approve the Memorandum of Understanding with the County's Emergency Services Agency for joint monitoring of emergency ambulance services, and designate the Building & Safety Director to serve on the EMS Administrative Group. 431 ovo <mmc=om -AA-I mo- >0A0M<3-<<CmoXC omq-<Nr MOMM-<r xnOr3!0r ><MO�mpOi-n< -UM ) xrmm o><N OgF C OZZC mp 3 O�CKmmO ZCmoDmwMD<OmOomvmOm &1 ZCO <DO�nmowDr <xbc wOWN >j-r4 m mAOm-Zlo�0 C 0>,:mDw,iwzzr-Too 4 Nyco0,m -- UD 0;0 D ODOzm—000zmwmc AV:�MM«C) MO m �0mm3 x M m m w 0Mcn m rOoom-mr 0v .c < ou) r0 OMcamm=Qxm-mp OcD m 0);0zMT0 Op nm 03-AOT0m 2 10m axmDK> -, C D Z x°0)j � 2m nm �S OmOpOr x�mOOaNZ D m 0X-4 0F0 T Z0 r m D <. m m M D A < N m A 0 H H W A W H H N U W to H H W W+ m H O W O UN A V tn. 0 O O y S S S S S S S k H H W N H H C O D H H N N U t0 H W U H H N N O [7 H W N U O 0 0 O 000 0 0 0 0 0 0 0 o a 000000 000000 Coco& 0 0 0 0" H H H H H + N N U m 40 O O O O O O O O O O ,O � H H U N+ S S H H S S H O "A + W 00 H W O H W O !Q S S S S S 00 O O H H N N OO H O H + OOO H H N A H W S H U S IC N H H U V O O S S000 S H H N W O V S O S S H W S O H O S O H N O O H U O O O H W U O O N m W H H + CAO O O O D H H W A N O C* O S S H N CO S H H + A N Co S O H U S H O O S H A O O O H ut O O O W + H H H H H H H H H H H H A G U 0 0.a 0 O O 0 0 P. + ((�� U 0 0 0 0 A O 0 p + A O O O O O O O O O W N O O N U O O P. 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CONSIDERATION OF FY 19951% COMMUNITY SERVICE GRANT APPLICATIONS. Mayor Bangerter advised that she's unhappy with the grant process and asked that the process be brought before the Council at a future meeting for discussion. Council Member Perkins was concerned about making a decision on the applications without a full Council. He also felt that they should be reviewed by the City's various commissions for a recommendation to Council. Council Member Henderson had a problem with the grant applications as presented because all of the items are addressed by the commissions and she felt that most of the commission members aren't aware of the grant applications. She, too, felt that the commissions should review the applications and make recommendations to the Council. Mayor Bangerter felt that the spreadsheet presented in the staff report gave an excellent overview of the various applications. Council Member Sniff asked if it was the Council's wish to re-evaluate the current applications or the grant process for future applications. Mayor Bangerter advised that her wish was to have the process brought back for discussion for future applications, not necessarily those for this year. Council Member Sniff questioned how it could be determined which commission should review the applications because he felt that some wouldn't fit within any commission's realm of concern. Council Member Henderson advised that she has labeled each application as to which commission she felt should review it, but felt that the Human Services Commission should review all of them. Council concurred on placing the matter of reviewing the grant process on a future agenda. In response to Council Member Henderson, Ms. Honeywell, City Attorney, advised that it would be better to not discuss the process regarding the current applications with Mayor Bangerter at the dais due to her conflict of interest status. - Mayor Bangerter abstained due to a conflict of interest and left the dais. 433 City Council Minutes 3 January 2, 1996 Council Member Sniff didn't have a problem with reviewing the process for future applications because he has never been convinced that the solicitation of grants was a good idea. However, he was concerned about how much time it would take for the commissions to review the applications and pointed out that the applications • were submitted by the applicants with the understanding of the current grant process. Mr. Genovese, City Manager, advised that it would take up to two months to have the commissions review the applications and place it back on the Council agenda. Council Member Sniff pointed out that review by the commissions could possibly delay action until March on grant funds that applicants have been counting on for the current year. Council Member Henderson agreed that the applications were submitted under the current grant process, but she had a problem with granting funds without prior review by the commissions. She was willing to go ahead and discuss the individual applications, but pointed out that only $19,000 is available for funding and the grant requests total $41,000. Council Member Sniff didn't have a problem with changing the grant process in the future to include a review by the commissions, but felt that the current applications should proceed under the current grant process. In regards to the amount of funds available, he felt that some of it should be retained in the Council's Contingency Fund for future requests. Council Member Henderson also felt that the applications should be reviewed by a full Council. Mayor Pro Tem. Perkins didn't have a problem with referring the current applications back to the commissions and didn't believe that the applicants should expect any funding from the City until the applications have been fully reviewed by the Council and the commissions. He felt that it's the Council's obligation to get recommendations from the commissions before taking any action on the applications. Council Member Sniff pointed out that an established policy exists and suggested that this matter be continued until the Council discusses the policy in a study session and then decide what direction to take with the current applications. MOTION - It was moved by Council Members Sniff/Henderson to continue the matter of the Community Service Grant Applications and ask staff to set this item for a study session to determine an amended policy at the next Council meeting and based on that discussion to decide how we want to go with these applications as well as future applications. Motion carried with Mayor Pro Tem Perkins voting NO and with Mayor Bangerter ABSENT. MINUTE ORDER NO. 96-01. 436 City Council Minutes 15 August 6, 1996 Council Member Henderson was concerned that if four or five different organizations reserve it on a consistent basis that the facility could virtually be taken off of the market and questioned if the purpose was to produce revenue or to have a facility available for the entire community to use. Mr. Genovese advised that it's a consistent problem with each of the City's facilities because of their limited number. If the Council determines that the purpose of renting the facility is not to generate revenue, then many of the items within the policy would not be needed. In response to Council Member Perkins; Ms. Nicholson advised that several requests have been received to reserve the facility for wedding receptions which need reservations eight or nine months in advance. Deposits are required for advance reservations. Council Member Perkins didn't have a problem with a one-year advance reservation policy. Council concurred. Ms. Nicholson recommended that rental and staff cost be combined into one rental fee to which Council concurred. In response to Mayor Holt, Ms. Nicholson advised that renters have looked at the staffing requirement as an option because of the two separate fee schedules and she felt that additional language in the policy and the combined rental fee would help clarify that issue. Council concurred. Mr. Genovese advised that a revised Senior Center Rental Policy would be brought back to Council for their review and approval. 2. DISCUSSION REGARDING THE COMMUNITY SERVICE GRANT PROCESS. Ms. Nicholson, Parks & Recreation Director, advised that $40,000 has been allocated in this year's budget for the Community Service Grant Program which is in its 11 th year of funding. The process used for the last two years has 437 City Council Minutes 16 August 6, 1996 advertise the program, screen the applications for compliance, and present them to Council for funding consideration. She reviewed this year's tentative schedule should the process remain the same which included Council approval of the program on September 17, advertising from October 1-23, and after reviewing the applications, Council consideration of the funding requests on November 5, 1996. Mayor Holt advised that she has always had a problem with this process and wished to see it changed to either 1) accepting and considering applications as they are submitted throughout the year without advertising or 2) direct staff to review the applications and make recommendations to Council regarding which ones are qualified and how much each organization should receive to avoid the free-for-all that has happened in the past. Council Member Sniff advised that he, too, has a significant discomfort level with advertising the grants and felt that the City is not in a position to solicit opportunities to give money away. He felt that there's no perfect formula for helping everyone that applies, but preferred having staff review the applications and not advertising their availability. As an alternative, he suggested that the applications be reviewed by the Human Services Commission with a recommendation forwarded to Council. Council Member Perkins supported revising the process and felt that a definite criteria should be set for determining the funding. He felt that the funds should be used to help organizations that need it now, not necessarily on a continual annual basis. Council Member Henderson supported the process being revised and felt that the commissions should interview existing non-profit organizations during the next year to find out which ones provide a service to the City and what their potential needs are. She believed that the applications should be referred to the appropriate commission for review and recommendation to Council since the Council has determined that the commissions have a purpose and specific interests. She felt that doing otherwise leaves them out of the system. Mayor Holt felt that was a good solution. Council Member Perkins felt that a deadline should be set and kept if the formal process is used. Council Member Sniff didn't have a problem with referring the applications to the appropriate commission for review and recommendation, but was opposed to advertising the program by soliciting applications. He also felt that a reserve 438 City Council Minutes 17 August 6, 1996 should be maintained for needs that come up during the year and that the commissions should be aware that the funds are limited. Council Member Henderson felt that a break in the annual routine would amsibly prevent organizations from including anticipated City fending in their annual budgets. Mayor Holt felt that the funding requests should be examined to determine if they are for a new need or a continued funding of the same program. Council Member Sniff pointed out that some organizations need consistent help until they receive sufficient basic funding to operate such as the Friends of the Library. Council Member Henderson agreed and wished to see the Friends of the Library taken out of this process and addressed during the budget process instead. Mayor Holt was in favor of maintaining the same funding amount and allocating the funds on a case -by -case basis as the needs come up during the year. She also supported having the commissions review the requests and make recommendations to Council. Council Member Perkins felt that each commission should know that they are not the only commission making funding recommendations to the Council. Mr. Genovese advised that staff would bring back a defined program for Council's review that includes criteria for determining which commissions should review the funding requests as well as a criteria for them to use in determining whether or not an organization should be funded and by how much. Upon each funding request, the commissions could be updated on how much funding is available. Council Member Henderson pointed out that organizations. applying for this grant program are asked to provide budget information with their funding request submittals of $1,00045,000 and yet "big money" is appropriated to other organizations without requesting anything near the same type of reporting. Council Member Perkins pointed out that grant applications were reviewed by the Community Services Commission until it was eliminated in 1994. 439 oj?- City Council Minutes Page 6 October 30, 1996 4. DISCUSSION OF FUNDING POLICIES FOR THE SPECIAL PROJECTS CONTINGENCY ACCOUNT. Mr. Weiss, Assistant City Manager, presented staff report advising that the City currently has $71,700 budgeted in the Special Project Contingency Account of which $40,000 is in a "general" account with the .remainder designated for specific services. The Council wished to see this item agendize for discussion as to a process or perhaps a criteria for review of the applications received. Council Member Henderson stated that her concern is more encompassing than just the Special Project Contingency Fund, but also includes the service contracts. She referred to an attachment in the staff report outlining the history of the grant program, and noted that the grants and service contracts over the past eight years total $1,748,383. She didn't believe that the City should be in the business for grants, but supported a contingency account to cover un- anticipated expenses such as capital improvement or municipal -involved projects. She felt that the proper format for giving away funds is by use of a service contract which includes a scope of services outlining what the City expects to receive. She felt that the Council needs to look closely at the scope of services, but nonetheless, these contracts are handled during the budget process and that is where it should be. Council Member Perkins stated that he's been critical of the grant program and the funding of the various contracts for some time. He has a serious concern about the use of taxpayers money for these kinds of things. The City has to tightened its belt and get out of the grant and contract program. He pointed out that there is new legislation that says that upon a request, non-profit organizations must give an accounting of their funds. The City has never received a proper accounting from the Chamber of Commerce nor the Arts Foundation. He then related his past experiences working with non-profit organizations and the work they did to raise funds without going to local government. Mayor Holt believed that the City Council needs to be fiscally responsible and sensitive to the municipal dollars, but she also believed in a grant program as that is what community is all about ---about people and children. She commented on the work the coaches are doing in helping these programs and keeping the kids off the streets. Council Member Adolph agreed ---we have a small, cohesive City and all of these activities are part of the City which we need to support. Without the City's support, we aren't going to have these activities. He recognized that the City 440 U33 kE City Council Minutes Page 7 October 30, 1996 needs to be selective and there needs to be a grant process in which the Council is limited to a certain amount of funds to give away. Council Member Sniff stated that the only issue before the Council is the community service grant process ---- not the service contracts. He advised that he has been on the Council ever since the grant process began and while it's not perfect, it's reasonably good. He felt that the Special Project Contingency Fund is needed because you never know when something worthy comes before the Council. He believed that Government is more than just tangible things --- sometimes it's the intangible things and it does and should serve the people. He felt that the Council needs to follow through with a joint meeting with the School Board since many of the requests the Council receives are children - related. In the meantime, as imperfect as it may be, it's the best we can do at the moment. Therefore, he supported the status quo. Council Member Henderson agreed that government exists for the people, but it wouldn't exist without the people paying taxes and if there's excess money, then there's too much money being collected. People should have a choice of having their dollars the way they choose. She does not believe that when she's writing a check for her taxes that she is paying a portion to come back to the City for five people to select what organization will receive a portion of it. She pointed out that the City is a long way away from completing its infrastructure and while she agreed that government at all levels need to have some heart, but if you haven't completed your duty then, there should not be extra dollars. Mayor Holt felt that each Council Member probably has a different perspective on what their "duty" is and that is probably why they answer to a different constituency. Council Member Perkins disagreed that these organizations cannot find funds elsewhere, . reiterating his past experience in working with non-profit organizations and assisting with their fund-raising efforts. Council Member Henderson felt that since the consensus is to continue with the grant program, she wished to have some input as to how future decisions will be made noting that the CVRPD requires matching funds when approving grants. She also felt that the City should be receiving all the appropriate documentation from these organizations. There are ways to distribute funds and we need to adopt a policy to do so. 441 u 3 4 i City Council Minutes Page 8 October 30, 1996 Mayor Holt suggested that staff be directed to research policies of other cities. Council concurred. There being no further business, the meeting was adjourned at 3:15 PM upon motion by Council Members Sniff/Adolph and carried unanimously. Re ectfully submitted, AUNDRA L. UHOLA, City Clerk City of La Quinta, .California 442 0,35 City Council Minutes 5 April 22, 1997 2. REVIEW AND DISCUSSION OF PROCESS FOR SERVICE CONTRACTS AND FUNDING REQUESTS. Mr. Weiss, Assistant City Manager, advised that the Special Projects Contingency Fund expenditures for FY 1996/97 are itemized in the staff report as well as the funding requests that were not funded due to funding limitations. The staff report also contains a list of items that were funded as separate line items in the budget and an outline of issues that Council has previously discussed for the purpose of determining, if Council wishes, to establish a more formal process for both funding requests and contracts for services. Kay Wolff, 77-227 Calle Ensenada, Interim Director of La Quinta Arts Foundation, advised that she has gathered some information that Council Member Perkins has requested in the past in regard to the Art Foundation's accounting of expenditures and that she would provide it to the City. She further advised that the Arts Foundation conducted an informal survey after the last Arts Festival for the purpose of determining the impact on area businesses -- and that a summary of that survey, along with a summary of the expenditures related to that event, would be forwarded to Council. Council Member Henderson noted that part of the purpose of this discussion is to determine whether or not Council wishes to have a formal procedure for service contracts and funding requests in order to provide clearer understanding and direction. She felt that it should be somewhat uniform in nature rather than the continual change in process and forms that has taken place in the past. She supported using a formal application process such as the one used previously for Community Services Grants and wished to see a philosophy addressed in regard to the types of funding to be entertained and a deadline for applications and the reports of expenditures. She referred to a service contract from a neighboring city and pointed out that their accounting requirements depend on the level of funding. She felt that it's a very extensive contract, but not a difficult one and wished to give staff direction to provide something similar for La Quinta. Mayor Holt commented on the number of changes that have taken place in the process over the last five years and how the Community Services Grants application process was somewhat viewed as solicitation for funding requests, -- but advised that she didn't see it that way because the City would receive funding requests regardless of the process. She felt that the Community Services Grant Program was a good attempt at providing the best process because it outlined the limitations and criteria for the program. She advised 443 036 .L City Council Minutes 6 April 22, 1997 that she supported giving the schools a set amount of money for the students and their leaders to distribute as they see fit. She advised that if a grant program is used, she wished to have staff review the applications and make recommendations, based on a scale related to the effect each program has on the City. As an example, she pointed out that The Living Desert is not in the City, but still has an effect here because of the number of La Quinta students that visit there. Council Member Henderson agreed and felt that it's critical for a filing deadline to be set so that the applications are considered only once a year. Council Member Sniff felt that there are two separate issues to :ter. In regard to the grant program, he wished to maintain the $40, Special Projects Contingency Fund (SPCF) which he felt should be used basically for small funding requests. He felt that it has been misused in the past for items that should have been budgeted. He didn't have a problem with using some type of application process and having staff review the applications for a report back to Council, but wished to maintain a reserve for requests that are received after the deadline because of unexpected needs or a lack of awareness of the deadline. In regard to contract services, he felt that it's -- worked well in the past and that the City should request reasonable and easily - understood accounting of expenditures related to those contracts. He wasn't sure that political activity could be defined with any degree of certainty and questioned what a perceived breach of contract is and how it could be enforced. He felt that past participants in contracts for services have been extremely responsible and he wasn't aware of any that have made an effort to endorse a specific cause or person. Council Member Adolph agreed and advised that in reviewing the summary of other cities' grant programs, he liked the philosophy of Indian Wells. He felt that a budget and schedule are both needed and that a minor reserve should be maintained for special needs in the community that may come up after the deadline. Mayor Holt asked how much reserve was maintained last year to which Mr. Genovese, City Manager, responded $15,000 and she advised that she supported keeping' a reserve each year for potential emergencies. What disturbed her about the program is how the funding decisions are made and she felt that some type of criteria should be established for staff to follow in making recommendations to Council and that, unless there's some significant '— reason for doing otherwise, those recommendations should be accepted. City Council Minutes 7 April 22, 1997 Council Member Henderson pointed out that Council has disregarded staff's recommendations on these grants in the past and advised that she wasn't comfortable with maintaining $40,000 or any amount in the SPCF for Council to grant throughout the year, noting that there are a number of infrastructure needs in the community that are not being met. She advised that she would be more comfortable with budgeting a limited amount for various needs prior to the budget being adopted and she didn't believe that tax dollars should be used for Council to pick and choose how to spend money as funding requests are received. Council Member Sniff felt that the $40,000 SPCF should be maintained, noting that there's no requirement to spend it all, and suggested that $20,000- $25,000 be used for grant requests and that the balance be reserved in a discretionary fund. He further suggested that October 1 be set as a deadline for filing the grant applications and he agreed that Council should deal with staff's recommendations unless there's a compelling reason to do otherwise. He felt that if there are any significant items that Council wishes to move forward with such as the Palm Desert Post La Quinta Page or contract items, that they should be dealt with separately during the budget process. He believed that the SPCF has significant, community value, particularly since the amount is limited. Mayor Holt appreciated and supported Council Member Henderson's way of thinking, but felt that it's important to help fund beneficial programs that are a part of the heart of the community. She believed in spending tax dollars for other needs in the community besides street improvements and beautification because the community is made up of people and didn't feel that $40,000 is a lot to put back into the community for services and programs. Council Member Perkins advised that he, too, liked Indian Wells' philosophy. He preferred a SPCF of $25,000, but felt that $40,000 is reasonable and advised that it's the decision -making process that disturbs him. He believed there should be a deadline for filing applications and that late requests should be referred to the next year for application, unless it's determined to be an emergency, such as the trust funds recently established for the two deputies killed in the line of duty. Council Member Henderson advised that she wasn't prepared to support a dollar amount at this time and she felt that it's incredible that any amount could be considered without first discussing the ramifications of Proposition 218. 445 u88 City Council Minutes 8 April 22, 1997 Council Member Adolph agreed that an amount of $40,000 may be a little premature. Council Member Sniff felt that staff should be given some amount to include in the budget and continued to support $40,000, noting that it can always be changed later. Mayor Holt supported using a preliminary amount of $40,000. Council Member Perkins concurred and felt that staff should develop a method for distributing the funds. Council Member Henderson felt that perhaps a dollar amount should be used to determine if a funding request should be handled as a grant or as a contract for services. She felt that the contracts on file should be reviewed and that more -stringent reporting requirements should be established, noting that certain things may have been avoided in other communities if there had been proper oversight. Council Member Sniff asked what the reporting requirements are for the -- Chamber of Commerce and the La auinta Arts Foundation under their current contracts for services. Mr. Weiss advised that the contracts contain a provision whereby the City may ask for a mid -year report. Council Member Sniff suggested that the City develop a reporting form for contract services to provide some consistency. Mr. Genovese noted that a form could be developed and reviewed by an outside accounting firm and advised that an independent audit could also be conducted to verify the expenditures. Council Member Henderson supported development of a form and noted that a form was included in the previously -used grant application. She suggested that audits be conducted for funding of $50,000 or more and felt that it's nothing more than oversight. Council Member Perkins didn't have a problem with staff developing a uniform reporting form, pointing out that banks require an application form and financial -- statement before granting loans. He didn't feel that the City has been receiving adequate financial information from the Chamber of Commerce and Arts Foundation and advised that he supported both organizations and believed , 446 U39' City Council Minutes 9 April 22, 1997 that they perform very valuable services to the community. However, he felt that they should provide the City with an expenditure report without a lot of hassle and wished to see a financial statement from both organizations, not just a one or two -page report. Council Member Sniff felt that the only pertinent information that the City needs is an accounting of the funds received from the City and that asking for an accounting of all expenses would be going too far. 1560ncil Member Perkins advised that he uvol-O i find it easier to svpport These organizations if he knew how their money is spent and how they operate, noting that not receiving that information creates a lot of suspicion in his mind. He felt that it's important to know that their funds are being well spent and he didn't understand why there would be any objection to sharing that information. Mayor Holt agreed with having a uniform form for contract services regardless of the dollar amount and felt that the questions about what the Chamber does might be due to the City not working as close with the Chamber as some of the other communities do. In response to Mayor Holt, Ms. Dallas, Executive Director of the La Quinta Chamber of Commerce, advised that the Chamber budget is always available for review in their office. Council Member Henderson noted that all non-profit organizations are required to have their budgets available and questioned why it couldn't be provided with the application. Mayor Holt didn't have a problem with asking for budgets if the Council so decides, but was more concerned about getting an accounting of the City's funding and felt that the City should be more involved with both organizations because of their asset to the community. She felt that she has received plenty of information in the past, but if Council wishes to have it in a more formal manner, then the reporting form should be clear as to what information is wanted so as to eliminate any further concerns. Council Member Sniff felt that a uniform form should be completed by everyone, no matter what the contract amount, and that it should only apply to the funds provided by the City because the other numbers are available if anyone wishes to review them. 447 Q40 City Council Minutes 10 April 22, 1997 Council Member Adolph felt that it's interesting that the City gives the CVB $343,000, but doesn't require an accounting from them. Mayor Holt advised that the CVB provides a full budget to the Council, but Council Member Adolph noted that it doesn't provide an accounting of what they actually spend on La Quinta. Council Member Henderson pointed out that the CVB is a JPA and that their expenditures are approved by the City's voting representative. Mayor Holt felt that the City should know how the Chamber is spending the $5,000 that they're given for economic development, but pointed out that Council has expressed a wish to have more of its $164,000 of funding spent on economic development to which the Chamber has essentially agreed. Therefore, she felt that the City does have a part in how the Chamber spends the money. She also felt that it's important ,he City to work close with the Chamber because of their role in the City's ,iomic development process and in regard to the Arts Foundation, she felt that it's very clear how their funding is spent. Mayor Holt felt there was a consensus that staff should develop a uniform form for all contract for services and that it should include an accounting of the City's funding. Council concurred. Council Member Sniff felt that $40,000 should be budgeted for the SPCF and modified later on if needed. Mayor Holt suggested that Council review the form once it's developed. Council Member Sniff felt that it should be straight -forward and simple and Council Member Perkins suggested that staff look at Paragraph C (responsibilities. of the contractor) of Palm Desert's form. Mr. Genovese advised that staff would develop a form as well as criteria for the grant program and language for the contract. Council Member Sniff reiterated his opposition to the political activity clause and Mayor Holt felt that it might be better to deal with any such issue on an individual basis because of the difficulty in developing any type of formal criteria. 448 City Council Minutes 11 April 22, 1997 Council Member Henderson referred to the recent audit of the McCallum Theater and felt that perhaps not having proper accounting procedures in place had caused some of the supporting municipalities to have some concern and to request that safeguards be added. She advised that that's what she's looking for in the City's contracts and she didn't feel that it should be offensive to anyone. She also didn`t feel that a political activity clause should be offensive or that there should be any concern about enforcement if there's nothing to enforce. Council Member Sniff suggested that the form include a statement about the information being subject to audit and Ms. Honeywell, City Attorney, advised that such. a statement is already included in most of the City's contracts. 3. DISCUSSION REGARDING INTERVIEWS OF APPLICANTS FOR BOARDS AND COMMISSIONS. Mr. Weiss, Assistant City Manager, advised that there are no laws governing the interviewing process for boards and commissions and that the process is left up to Council's discretion. Mayor Holt advised that she didn't have a problem with asking the applicants questions as long as they're taken from a list agreed upon by Council because she felt that some of the questions in the past have been inappropriate. She pointed out that the applicants are volunteering to serve the City. Council Member Perkins didn't like asking the applicants questions because they're already so nervous, but would agree to a pre -selected list of questions. He questioned the requirement for applicants to attend at least two board meetings as a pre -qualification for appointment. Council Member Sniff suggested that the interviews be conducted in a special meeting and that the applicants make a brief, three -minute statement. He supported using a pre -selected list of questions to provide some consistency and felt that each Council Member should be allowed to ask one question and, if appropriate, one follow-up question. Council Member Henderson asked how the questions would be derived. Mayor Holt felt that attendance of at least one board meeting is important for the applicants to understand what they're applying for and suggested that staff and each Council Member bring back a list of questions for Council to review. 449 0 City Council Minutes 8 May 20, 1997 Council Member Sniff didn't feel it's appropriate to require applicants to attend the meetings and suggested that it be changed to a recommendation. He supported having all the applicants remain in the room during the interview process and advised that he didn't have a problem with the interviews being conducted in alphabetical order or by random selection. He supported eliminating Nos. 2, 8 and 10, noting that No. 8 might be beyond the applicants' scope, and suggested changing No. 12 to "some" instead of a set amount of attributes. Mayor Holt suggesting giving the applicants the list of questions when they file their application. Council Member Perkins suggested adding, "have you ever attended the commission meetings," to the list of questions and advised that he prefers random selection. Mrs. Juhola, City Clerk, advised that applicants are asked about meeting attendance on the application. Mayor Holt felt that was more appropriate. Council concurred on candidates remaining in the room during the interview process, using a random -selection process, eliminating questions 2, 8, and 10, changing questions 5 and 12 to "some," recommending meeting attendance instead of requiring it, and asking the question about meeting attendance on the application instead of during the interview. MOTION - It was moved by Council Members Sniff/Adolph to approve the Board/Commission Interview Process as outlined in the discussion. Motion carried unanimously. MINUTE ORDER NO. 97-71. 4. CONSIDERATION OF: 1 ! CONTRACT SERVICES AGREEMENT FORM AND 2) CITY GRANT APPLICATION FORM, SCORING/EVALUATION SHEET AND REVIEW PROCESS. Mr. Weiss, Assistant City Manager, advised that Council has directed staff to develop a financial reporting form for those organizations that are funded through a contract services agreement. A draft form is included in the staff report. Staff was also directed to review the process for Community Service -- Grants and to formalize that process as well as creating an application form and review criteria. To that end, staff reviewed the previously -used application form and updated it. 450 City Council Minutes 9 May 20, 1997 Council Member Adolph suggested that the applications be allowed to be typewritten or legibly printed. Council Member Henderson stated that she has always liked the community services grant application, that it is clear and contains all of the necessary information. She wished to see the same form (modified) to be used for contracts for services. She also referred to the Taxpayers Bill of Rights and felt that their Form 990 should be attached to all applications. She felt that it makes good sense and provides the oversight the Council needs to provide as fiscal managers of taxpayers' funds. She referred to Item No. 7 on the criteria for scoring asking how you can know if there is a clear need for the funding without reviewing their budgets. She felt that it's important to require the budgets for that purpose. Council Member Sniff pointed out that the scoring sheet is applicable only to grants --not contracts for services. He didn't feel that it would be appropriate to use this scoring sheet for contracts -- they need to be dealt with on an individual basis wherein they produce a service the Council feels is important to the people of La Quinta. Council Member Perkins felt that the scoring sheet should be applied to contracts --that it provides the Council with additional information. Mayor Holt felt that it's an excellent scoring sheet for the grant process, but would not support its use for contracts. However, she wouldn't mind expanding the contract application to include more information similar to the grant application. Council Member Adolph agreed with the Mayor. Council Member Henderson felt that the scoring sheet would lend consistency to the process and would indicate to the Council that it would have been given critical review as to the completeness of the application by staff. Council Member Perkins felt that the Mayor's suggestion of expanding. the contracts application form is a good idea and could eliminate the need for the scoring sheet. In response to Mayor Holt, Mr. Genovese advised that staff can design an expanded application form for contracts and bring it back to Council for review. City Council Minutes 10 May 20, 1997 MOTION - It was moved by Council Members Sniff/Adolph to approve the Community Services Grant Application Form and Scoring Evaluation Sheet and Review Process and to direct staff to make the changes requested in the Contract for Services Agreement and return it to Council at the first meeting in June. Council Member Henderson asked if there was any support for including the IRS Form 990 on the applications. She also suggested that perhaps a way to determine whether funding should be considered a grant or a contract would be by the dollar amount being requested/allocated. Mayor Holt suggested making that decision at the next meeting when the contract application form is reviewed. In further response to Mayor Holt, Mr. Weiss advised the date for submitting grant applications is in September, so the Council will know what the budget is. He noted that there are some applications that are in a gray area, such as the request of the Sculpture Park and if there is another request for promotional funds for the Skins Game. Council Member Sniff felt that large requests like $50,000 or $75,000 should be separate from grants. Motion carried with Council Member Henderson voting NO. MINUTE ORDER NO. 97-72. 5. CONSIDERATION OF SELECTION OF A CITY NEGOTIATING TEAM FOR FISCAL YEAR 1997198 CHAMBER OF COMMERCE CONTRACT NEGOTIATIONS, INCLUDING CONSIDERATION OF A NEW POSITION TO UNDERTAKE BUSINESS RETENTION AND ECONOMIC DEVELOPMENT ACTIVITIES. Mr. Weiss, Assistant City Manager, advised that there are two issues before the Council at this time. The first is the selection of a negotiating team for the Chamber contract and secondly, a request by the Chamber for staffing support for economic development activities --the Council needs to decide whether to consider that as a funding request within the City's budget or as part of the Chamber's contract negotiations. Council Member Sniff felt that it's important to include the request for -- additional staffing as part of the negotiation process. He preferred to see two Council Members on the negotiating team, but would support having staff handle it. 452 Y City Council Minutes 4 June 3, 1997 Council Member Adolph felt everything that Council discussed was in the Plan and he thanked staff for doing a great job. Council Member Sniff felt it was an excellent report and advised that he believes there's value in dividing some sections into smaller bullet points. He felt that the references in the report to "east valley" should be changed and after a brief discussion, Council concurred on changing it to "eastern central valley." Robert Tyler, 44-215 Villeta Drive, referred to Page 16 of the EDP and asked what an "extended -stay, suite hotel" is and how it would impact the schools and church that have been previously discussed for that location (Miles Avenue and Washington Street). Mr. Weiss advised that they have been looking at alternative uses for that site and that the School District is still considering acquiring a portion of it for schools. In regard to an extended -stay, suite hotel, he advised that they usually have units with kitchens or kitchenettes for longer stays. Council Member Henderson suggested adding "development of a web -site" --- under marketing on Page 18. MOTION - It was moved by Council Members Sniff/Adolph to approve the 1997/98 Economic Development Plan as modified, describing the location of La Quinta as "eastern central valley" and to include under "Marketing," a City web -site. Motion carried unanimously. MINUTE ORDER NO. 97-82. PRESENTATIONS ........... continued Commissioner David A. Rohy, of the California Energy Commission, presented the A. C. E. S. (Assuring Compliance with the Energy Standards) Award to the Building & Safety Department, advising that this is the second year they've presented the awards and the second year the City has received one, noting that only 14 out of 500 building departments were selected to receive the awards this year. BUSINESS SESSION ............ continued 2. CONSIDERATION OF: 1) DRAFT CONTRACT SERVICES AGREEMENT APPLICATION FORM, AND, 2) COMMUNITY SERVICES GRANT PROCESS. Mr. Weiss, Assistant City Manager, advised that the Contract Services Agreement form and the Community Services Grant application have both been 4153 �j�: a City Council Minutes 5 June 3, 1997 revised as directed by Council on May 20, 1997 and are included in the staff report along with a draft letter to be sent to those who have requested grant funding during the last year or have asked to be considered during this year. Also included is a draft notice for publication, announcing the Community Services Grant Program and application deadline. Per Council's request, the application for Contract Services Agreements is a modified version of the grant program application and if it's approved, letters will be sent to prospective applicants to notify them of the June 13th filing deadline, due to the short turn -around time before budget review. He advised that, due to the size of their requests, the Open -Air Museum and Skins Game are on the itemized list of organizations for Contract Services Agreements. Staff recommended approval of the grant process and Contract Services Agreement application as well as authorization to publish and mail notices to prospective applicants for the two programs. Council Member Adolph stated that he understood a special letter would be sent to the high school and that any funding they receive would be in a lump sum for their distribution to their groups as they see fit. Mr. Weiss advised that the letters could be sent to the schools instead of individual groups and the schools could decide if they have programs that need financial assistance. Should that be Council's wish, he recommended that the La Quinta High School Wrestling Team and Truman School PTA be notified. Council Member Perkins agreed and hoped it would be sufficient to send letters this year only, noting that those on the current list are the ones that Council told to come back next year. He felt that rather than encourage applicants to return each year, the program should be allowed to run its normal course by only publicizing it in the newspaper. Council Member Henderson advised that she liked the new forms, but still wished to see the IRS Form 990 attached whenever applicable and she didn't feel that the grant program letters and public notices should be distributed until after the budget is adopted. In regard to the schools, she agreed with what's been said, but pointed out that there hasn't been a procedure established yet for handling it. After reading portions of the enacting ordinances for the commissions, she asked for Council's support in having the grant applications reviewed by the appropriate City commission prior to them coming to Council. She felt that Council has empowered the commissions, but made them powerless by not using them. She recommended that in the future, letters to prospective applicants of the Contract Services Agreements, be mailed sooner with an application deadline of May 1st. 454 City Council Minutes 6 June 3, 1997 Council Member Sniff felt that Contract Services Agreements stand separate from the grant program, noting that they are negotiated basically by staff. He supported the grant applications being reviewed by the appropriate commission, but with a recommendation to act speedily and for their knowledge and comments only. In regard to contracts for services, he felt the commissions should not be involved with them except to receive information for their basic knowledge and that the financial reporting forms should only require "reasonable" documentation, so as not to burden the applicant with excessive bookkeeping. He agreed that the letters should be mailed after the budget is adopted. He was still somewhat uncomfortable with advertising either of the programs, but noted that some of the contracts for services come to the City every year and he felt that they are worthy causes that the City should deal with professionally. Council Member Adolph felt it's important for the commissions to review and make recommendations to Council on the grant applications and he advised that it was his understanding from Council's previous discussions, that it was going to be an automatic process. Council Member Perkins felt that the Cultural Commission should be an -- umbrella for all of the cultural organizations/activities in the City and he was in support of having the commissions review and make recommendations on all of these things as part of their duties. He felt that the application forms are excellent and agreed that the applicants should provide a certain amount of financial reporting to Council because of their obligation to the City. He felt the commissions are important and should be supported by Council and advised that he would be looking for their recommendations to Council. Mayor Holt agreed with mailing the grant program letters after the budget is adopted and with sending the applications to the commissions for comments and she asked if there was a consensus on requiring the attachment of the IRS Form 990 to the contracts for services. Council. Member Perkins noted that it's a completed document that only requires copying. Council Member Henderson advised that as a tax return for non-profit organizations, it's a public document that doesn't require the attachment of volunteer donor lists and it gives governments, such as the City, an opportunity to have the necessary oversight that they've been elected to have. She stated that she has no idea why anyone would object to providing it. City Council Minutes 7 June 3, 1997 Council Member Perkins advised that he's never had a problem getting a copy when he requests them from organizations. Council Member Henderson believed the size of the document depends on the complexity of the organization. Mayor Holt advised that she didn't have an objection as long as the donors are protected. Council Member Sniff stated that he wished to see a copy of the form. Council Member Henderson felt that individuals should be ineligible to apply for the grant program. She also felt that it would be inappropriate for the Chamber's application or the Skins Game funding request to be reviewed by any commission because she believed there's no appropriate commission to review the Chamber's request and that the Skins Game is more promotional and in the purview of the economic development staff. Mr. Genovese, City Manager, advised that it was his understanding that only the grant applications would be reviewed by the commissions. Should the Council decide that contract services applications should also go through the commissions, then there would be a budgeting challenge since the filing deadline for contracts for services is June 13th. Council Member Henderson pointed out that Council could set the funds aside and make the funding decisions after the commissions review and make recommendations on the applications, possibly in September. Mayor Holt felt the commissions should review only grant applications, noting that La Quinta On -Stage has already gone through a thorough review by the Cultural Commission. Council Member Henderson didn't see anything wrong with an annual review and questioned why the City should have commissions if they're not going to solicit their expert advice. Mayor Holt agreed with sending everything possible to the commissions, but questioned what criteria would be used in deciding which contracts to send to them and who would make that decision. Council Member Sniff preferred to deal with the contracts through staff, at least for this year, because of the shortage in time and advised that he's not opposed to involving the commissions in the process as long as it doesn't 456 City Council Minutes 8 June 3, 1997 cause delays. He wasn't sure about giving the funds to the schools instead of individuals and questioned how it would be distributed and which schools would be involved. He also questioned how the schools are going to manage to handle such a program when they're already over -burdened. Council Member Henderson advised that she understood Council was waiting to discuss this issue with the School District in hopes of finding a means to make it work. In regard to contracts for services, she didn't feel the City would be able to fund them at the same level that they have in the past due to other things being absorbed in the budget because of the economy and Proposition 218. She also didn't feel there's anything wrong and that it's almost mandatory, for the Cultural Commission to review funding requests that are related to the cultural activities of the City. She felt they should have a sense of what funding is available and, although, the final decision is made by Council, they should make a recommendation on how best those funds could be spent. Furthermore, she didn't see anything wrong with setting funds aside this year for the contracts for services and granting them after the Cultural Commission has had an opportunity to make a recommendation. Council Member Adolph felt that it might be best to continue this matter for additional information since there seems to be some differences of opinions. Mayor Holt suggested that this might be one of the items Council could discuss with the commissions for their input during one of their study session meetings. She felt the interaction at those meetings would be valuable in building up communication between Council and the commissions. Council Member Henderson noted that these issues have been discussed many times and advised that she has a problem adopting a procedure that Council has intentions of possibly modifying. She noted that some of the Cultural Commissioners were present and suggested asking them if they have a comment. Kathryn Hull, 77-260 Calle Chillon, Cultural Commission Chairperson, advised that they wish to be more informed and know what the other organizations are doing and how their funds are being used, if the commission is to act as an umbrella organization. They feel that they need to review all of 'the applications and not just the grant applications, and since all of the cultural organizations inter -relate and must learn to work together, they need to know what other organizations such as the La Quinta Arts Foundation and La Quinta On -Stage, are doing in the community on an annual basis. 45'7 u5a City Council Minutes 9 June 3, 1997 Council Member Adolph asked if the commission would be able to review and make a recommendation in one meeting to which Ms. Hull responded yes and advised that they would be willing to schedule a special meeting if necessary. Mayor Holt suggested that Council move forward with this and direct staff to work out the details on how to handle the school funding and to bring it back for review. She was in favor of the schools submitting an application for a set amount of money and letting them distribute the funds as they see fit. Council Member Perkins felt the City should set the amount that's available to each school instead of having the schools ask for a certain amount. Mayor Holt agreed. Council Member Henderson agreed with handling this issue separately. Council Member Adolph wished to see the IRS Form 990 to confirm its relevancy. -- MOTION - It was moved by Council Members Henderson/Perkins to approve the Community Grant Process with certain modifications: 1) the letter and/or notice will not be sent until after budget approval; 21 the letter for this year will go to the listed organizations, excluding the two school requests; 3) include as No. 18, a request for IRS Form 990 to be attached; and, 4) all applications for Community Service Grant Program will go through an appropriate commission. Motion carried unanimously. MINUTE ORDER NO. 97-83. MOTION - It was moved by Council Members Henderson/Perkins to approve the application form for Contracts for Services as presented, with the addition of Item No. 18, requesting an IRS Form 990 to be attached, and that these applications would then go through the Cultural Commission or other appropriate commission. Motion carried with Council Member Sniff voting NO. MINUTE ORDER NO. 97-84. Mr. Genovese clarified that the application date is June 13th and that staff is to come back to Council if they need direction as to which commission to refer the application to. Council concurred. U51 City Council Minutes 28 September 16, 1997 7. CONSIDERATION OF SELECTION OF COUNCIL MEMBER(S) TO SERVE AS A REPRESENTATIVE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES - RIVERSIDE DIVISION. Council Member Henderson suggested the appointments be made after the election. Council concurred. MOTION - It was moved by Council Members Sniff/Adolph to continue the matter of appointments to the League of California Cities - Riverside Division, until after the election. Motion carried unanimously. MINUTE ORDER NO. 97- 142. 8. CONSIDERATION OF COMMISSION REVIEW OF COMMUNITY SERVICES GRANT APPLICATIONS. There were no changes to the staff report as submitted to the City Council from the City Manager's Department and on file in the City Clerk's Department. Council Member Henderson suggested that the applications from the Truman Parent Teacher Organization and the La Quinta High School Booster Club be referred to the school grant program. She further suggested that since a decision has not been made on the pool, that the C. V. Recreation & Park District application be pulled. Council concurred. Council then discussed which Commissions would be appropriate to review the individual applications and how to split the funding. MOTION - It was moved by Council Member Henderson to direct staff to take this year's Community Services Grant Applications to the Cultural Commission for review and recommendation, based on their recent experience. Motion failed due to lack of a second. MOTION - It was moved by Council Member Sniff to send the Community Services Grant Applications to the Commissions as outlined in Council's discussion. Motion failed due to lack of a second. 'm tj 4a U5FA F9 City Council Minutes 29 September 16, 1997 MOTION - It was moved by Council Members Adolph/Perkins to refer the Community Services Grant Applications to the Cultural Commission for review and recommendation. Council Member Sniff advised that he couldn't support the motion because he felt that there is an appropriate commission for each application. Council Member Henderson understood his concern, but felt since this is a new process that only the Cultural Commission has any experience with, they should review the applications this year and the other commissions should be given the opportunity to understand the process and be prepared to review them next year. Motion carried with Council Member Sniff voting NO. MINUTE ORDER NO. 97- 143. 9. CONSIDERATION OF AN AMENDMENT TO THE CITY COUNCIL'S RULES OF PROCEDURE. There were no changes to the staff report as submitted to the City Council from the City Manager's Department and on file in the City Clerk's Department. In response to Council Member Sniff, Ms. Honeywell, City Attorney, advised that political activity would be anything involved or related to a campaign in the context of this resolution. Council Member Perkins felt this basically addresses Council Members contacting City employees on City property during work hours for the purpose of contacting an employee regarding their campaign or political activities. RESOLUTION NO. 97-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING RULES OF PROCEDURE FOR COUNCIL MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES. It was moved by Council Members Sniff/Adolph to adopt Resolution No. 97-79 as submitted. Motion carried unanimously. My •r . City Council Minutes 3 November 18, 1997 Council Member Sniff suggested the possibility of considering it under . the Community Services Grant applications if there are funds remaining. Council Member Henderson questioned Council being able to determine which organizations to make exceptions for. Council Member Sniff felt that's why it's important to maintain a contingency fund. Council concurred on considering Business Session Item No. 1 (Community Services Grant Applications) before considering this matter any further. 3. LETTER FROM DIANE HOZMAN REGARDING ELIGIBILITY REQUIREMENTS TO SERVE ON THE PARKS & RECREATION COMMISSION. Council concurred on directing staff to send Ms. Hozman a letter, expressing Council's appreciation for her interest, but informing her of the City's residency requirements and that she would be notified if those requirements change. 1. CONSIDERATION OF CULTURAL COMMISSION'S RECOMMENDATION FOR COMMUNITY SERVICES GRANT FUNDING FOR FISCAL YEAR 1997/98. Mr. Weiss, Assistant City Manager, advised that the Cultural Commission has completed their review of the Community Services Grant Applications and has submitted their funding recommendations for Council's consideration. In addition, staff asked that Council consider a request regarding the City assuming responsibility for administering the Miss La Quinta Pageant program (letter of request is included in the staff report). Council Member Henderson didn't feel it would be appropriate for the City to take- over the pageant program, but suggested the various service organizations and City Commissions be notified of the need to see if any of them would be interested in adopting the program. Council Member Sniff agreed. Council Member Henderson advised that she felt the Commission did a great job reviewing the applications, but has some questions regarding some of their recommendations. 461 U5 City Council Minutes 4 November 18, 1997 Council Member Perkins felt they did an excellent job and advised that he supports their recommendations. Mayor Holt agreed and stated that, although, everyone has their own preferences, she felt that Council had asked the Commission to give their recommendation and she hated to see it torn apart. Council Member Sniff noted that he was against having the Cultural Commission make all of the recommendations because he felt some of the applications would be more appropriately reviewed by other commissions, but since they were asked, he felt their recommendations should be accepted. He was opposed to advertising the availability of funds and suggested in the future that a contingency fund be established for Council to draw from when requests are received. Council Member Henderson felt it was clear that there would be no advertising of funds next year. Council Member Adolph agreed that the Commission has done a wonderful job and felt that all of the organizations applying for funding were worthy organizations. However, he believed the City's tax dollars should be used for organizations in the City first, rather than short-change them to give to organizations outside of the City. He supported accepting the Commission's recommendations unless one of the Council Members has a great concern over something. Council Member Henderson recommended that the funding for the Miss La Quinta Pageant be held until it's been determined whether or not the pageant will continue. She also recommended that the funding for the Friends of the La Quinta Library be held until discussions are held with them regarding possible changes to the library system that could affect some of their proposed expenditures. She also pointed out that many of the applications failed to include operating budgets or else contained old 990 forms. Council Member Sniff agreed that in the future, La Quinta-based organizations should have first priority for the funding, if not exclusivity. He felt that by recommending grants to every organization except one, the Commission has somewhat pro -rated the funding, whereas Council has always based it on which services were most worthy. He didn't have a problem with Council Member Henderson's suggestion to hold back the funding from the Miss La Quinta Pageant and Friends of the La Quinta Library for right now. 462 V55 City Council Minutes 2. 5 November 18, 1997 Council Member Adolph agreed with Council Member Henderson on the library issue. Council Member Perkins stated that having served on the allocation committee for the United Way, he appreciates the work involved in making such decisions and didn't wish to second-guess the Commission, therefore, supported their recommendation in its entirety. MOTION - It was moved by Council Members Sniff/Henderson to support the recommendation of the Cultural Commission on award of the Community Services Grant Funds with the exception of the funding for the Miss La Quinta Pageant and the Friends of the La Quinta Library, which shall be held in reserve and dealt with at a later date. In response to Mayor Holt, Mr. Genovese, City Manager, confirmed that even if Council should allocate funding for the pageant, it wouldn't be distributed to the pageant until it has been determined that the pageant will continue. Council Member Perkins advised that he would support the motion with the understanding that Council will review the two funding requests, and very possibly approve them, in the immediate future. Mayor Holt agreed. Motion carried unanimously. MINUTE ORDER NO. 97-174. Mr. Genovese advised that the funding request from the Special Olympics will be brought forward when Council reviews the pageant and library funding requests again. CONSIDERATION OF PARTICIPATION IN ADVERTISING/PROMOTIONAL PIECE FOR 1997 SKINS GAME. Mr. Weiss, Assistant City Manager, advised that on November 4, 1997, Mr. Cullinan, of Rancho La Quinta, advised the Council that a $20,000 contribution would be sufficient for the City to participate in the promotional video to be shown during the Skins Game. The City's contribution last year was $50,000 and this year Palm Desert and Indio are considering contributions as well. He advised that .the proposed script is included in the staff report. Council Member Adolph asked how City's funds are used to advertise the City and if such advertising funds could be used for this promotion. 463 0)5o ATTACHMENT 8 19-1111MR144 ■ Eligibility Non-profit agency or group providing services to residents living in city limits or sphere of influence ■ Application Detailed application on request, purpose, quantity and quality of proposed services, etc. ■ Contract Contract is required; limits political activity, requires written report, no specific insurance required except that already required by state ■ Limitations/criteria No start up costs (i.e. must be an existing program) Funds can only be used for stated purpose Audited agencies/groups shall have independent auditor add above to financial statements ■ Philosophy • Channel requests through budget process • Special consideration to projects that replace/enhance city services • City should not replace available state or federal funding • City will consider "seed money" for start up projects, but discourages funding to maintain such programs on an on -going basis ■ A1plication • Formal application process, part of budget process, applications due March 31" of each year ■ Eligibility • Organization/group must be one of the following; 501 (c) (3); Nationally recognized but must provide benefit to City residents; Affiliated with a local educational institution. Exceptions are made for JPA and organizations that provide a service which would otherwise be provided by the City. • No public agencies will be funded • Proposals must provide a benefit to City residents. 464 �� ■ Criteria/Evaluation • Ability and qualifications to perform the proposed services • Cost effectiveness of proposal • Organization's plan to provide continued financial support for the proposed service or program ■ Philosoohv • City identifies "Areas of Concern" to be used in evaluating programs. For example, under the Unique Population "area of concern", the city identifies youth as important. Programs for youth are listed as recreation, drug and alcohol treatment, teenage pregnancy. Proposals submitted under this area would then be evaluated on how they address the Unique Population. ■ Application • Formal application process; evaluated once per year ■ Ineligible Organizations • Private individuals • Private for profit organizations • Political, politically affiliated, or political action organization • An organization that has been awarded City CDBG funds in the same fiscal year • An organization that has been awarded funds from the City in the same fiscal year as an "entitlement" organization on a non-competitive basis ■ Ineligible Activities • Any program, services, or project that promotes a political viewpoint • Any program, etc, that discriminates based upon race or ethnic background, religion or political affiliation ■ El*gible Activities. Programs. Projects. etc. • Acquisition of real property and related costs (e.g. appraisal) • Facilities and Improvements (e.g. buildings/structures) • Public Services (e.g. education) • Planning and Capacity Building (e.g. studies, date gathering) • Administrative Costs (e.g. preparation of program budgets) • Miscellaneous (e.g. equipment, utility bills, mortgage payments) Ams ■ Criteria/Evaluation • Must be consistent with city's General Plan and other adopted plans/policies of the city • Must be a documented need for proposal • Proposal must be shown to be the most effective and efficient way of meeting the need • Must present potential for attaining and sustaining long term private investment once city funding has been discontinued • Must yield a significant impact in basic living conditions of the residents of the city ■ Organization Funding Priorities • Number 1 to organizations within city limits that provide benefit to city residents • Number 2 to organizations located within the Coachella Valley ■ Proposal FundingPriorities • Number 1 is shelter, food, health care and transportation • Number 2 is employment related (e.g. child care for working parents) • Number 3 is enhancement of community livability (e.g. recreational and cultural programs) ■ Application • Formal application • Annual appropriation through budget process; applications may be submitted throughout the year ■ Eligibility • School activity or educational program for school groups • Printing of non-profit or educational materials to be distributed to city residents • Non-profit community -oriented programs or events C: W yDste\ W PDocs\G RANTS\survey.wpd 466 �rLQ I i b T4ht 4 ZP Q1i1xrcv MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: DODIE HORVITZ, COMMUNITY SERVICES DIRECT DATE: OCTOBER 5, 1999 SUBJECT: COMMUNITY SERVICES GRANT FUNDING UPDATE The information in Study Session #3, attachments #5 and #6 have been revised. Please note the following corrections: Agency Year Amount Change Attachment #5: Desert Sands School 1987-88 $4835 Add Friends of LQ Library 1992-93 $3500 Add 1993-94 $3157 Add 1994-95 $4000 Add 1998-99 $3700 Add July 4`h Fireworks 1997-98 -$1000 Delete La Quinta On Stage 1995-96 -$13500 Delete Year La Quinta On Stage 1996-97 $13500 Change Amount Attachment #6: Living For Your 90's 1996-97 $500 Change Amount I am available to answer any questions you may have regarding these changes. C:\MyData\COMMUNITY SERVICES GRANT FUNDING UPDATE.wpd 461 0 T 0 mCxOm�D0m0 1 0 m m -C-4 0Z�N ;<<cm0x1-1:3 0co UD) ;�r - 0 m0) ,D<O— x c0rm < < Z > n T<my <M ya< m xOmxmmomom ZMOM mC- 6-4 mnOmtmooZOC sDxm ZyODN—� N mNz N 10-4 OOm - 0m-iZ C yZrm NN Tom'yo z -4Dfix T�Z mDT OZm NI m0 rr >MeoNm Z�m m 0ym0 O=mp5cnm=NAzN Mj � m M�Zm yNr0IT . 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N N O S N O O N S O b b W 00000 O O O O O 0000 O O O O O O O O p A N N N N N N N N N N N N N O O U O 0000000 Oo U O O O U O O O O 000 O O O O A 0000000 0000000 O O O O O O O O Vt N O N U N O N N O O N O N O N A N U S S S S S O O 00 S S O O S O O 00 001.0 N N N 0 N N S S 0 co� o S o 00l 0 N N 00 00 00 N O 0 0 N O 00 00 N O N O 0 0 N co oo 00 N b iO v e 0 N U N W N N A N N U w b SS O 0 woa co O O 00,0 N (J1 N N V U ow 1O ID 0 p o O 0 jJ O N N N N N N... 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O O 0 0 N O O 0 0 N N S O 0 0 N 41 0 0 0 0 N N 0 0 0 0 N N O 080 N O N U N Vf N O O 00000009000 S O S S S S S S S O O S S O S S i0 a N 10 N N O OOS N O N N 01O pO 1pp S VS m N 0 O O N N 0 0 O O O O N N 0 0 O O O O 1 G N O O N N N N M N N N N N N N N N N N N N N N N N N N N N N M N N N N N N A V + O N_+ A +N+ W+ +N+ +N N O+U++ V +N N W - O O O O+ O O O O O O S O O O O O O O O O O O O O a 0 O O T U O O W U O O U S O O O O N W O N O U O O O U O N O O O U O DI O 000 S O O O O O O O O O S O 0 0 0 0 0 0 0 0000000 10 S S S S S ]a, 46� u r CA C C N D cn 'o Cl) P P D A Q D -n D = '� A CyjA�zmO �i x O m�T11 ��p am8 r ;� OO�NOZ rr c o o o D o xCl) 0 0 r i D c i o m OZ i 0 o OO =2 O0 Cl) C»z _T DC C%o �vr 0)m QOi c�3Z �mjc mN (MZ5nmz 1 mm <T DO Ofmn Om cra> 0m O�ynm oz 0ZpD n Cl) (.�� O N T Z r O� >< O m O m 2-D CQpoZ2='i 00 "�T1 ym0 C) x �O rDZi 30m<�D M-+m,0-fcw .<m;a mcn ommx�m non>-4zi Z0C�aicrn OD O -4 Nc OZOOx �nA�GOSm r7C-4 �•ODx nnmc, n 0)c>r0m 1nr3D-i rrr��rr -c-{1OZDmww-a;00 -1m-irrrr0'r�TD*0 j C-ir ;mom m w m 3.fcn m m m c z w w w m m m w o o Z m Z W M> M N OWD N N + N M V O f0 ODO V pW O O O m N C. N m N N O � a C. 0 0 o 0 g$� N v m N A + N W V m O NQ W � N N N N N a 0- O O b m O o p� N u W N a N m tp H a O O p O O O N N O T H H a } N N + U N O O b W U w 0 U O O O m O N p O O O O V y� NMpp W U N O � + Opo w co m O b w O O H N N N a N p O 00, N P N N a m N N O N Np CD N O O O 00, N 50 N H M j O N U p O O O O p O 000 r N V H } O O N U 0 O N U 0 O N W 00, N f n 0 0 0 N N + 0 0 0 0 N H U U 0 0 0 0 N M W U 0 0 0 0 f N U CD O N N N U O O O O 41 44 U U O O O O 4A U O O N N O V O O O 0000 N H O N O N O O N U O O W O V 0 0o 000000000 0 00000 0000oa M W N N N N N N N N N N N O N N O O N U N 0 000000 U U 0 0 U U 0 0 U 0 NU U 0 c O co U o U O O d O 0 0 O O pp 0 0 0 O O 0+ 0 O d e N O N N O H N O U N U 10 0 0 0 0 0 0 i.1 O 0 0 0 0 O 0 N N N N N N N N N N N N N N N N N ................ NNNNNNNHNHNHNNN N N N + N N W rG PP U i> 0 0 0 0 0 0 0 0 0 0 0o g 000 0 0 0 0 0 0 0 0 0 0 0 o u�'i w o ow i 0000c000000000000000000000000000° 41 DEPARTMENT REPORT: A';. O� �� • ��IY�VIN � OZ V S `V OF TO: The Honorable Mayor and Members of the City Council FROM: Mark Weiss, Assistant City Manager^k DATE: October 5, 1999 RE: Department Report — Auto Mall Grand Opening Planning Meeting A planning meeting for the Auto Mall grand opening was held at City Hall on September 28. Mayor Pro-Tem Henderson, Council Member Sniff, City staff and representatives from Kiner/Goodsell attended on behalf of the City. Other attendees included Chamber of Commerce representatives, two of the three auto dealers, Stamko representatives and representatives from the construction firms working on the project. The Stamko construction work is expected to be completed in November, 1999 and the auto dealers' construction is expected to be completed by the first weekend in February, 2000. Therefore, the Auto Mall grand opening has been tentatively scheduled for a four -day period, Thursday, February 10, through Sunday, February 13, 2000. The auto dealers are planning to host a Chamber mixer on Thursday, February 10. The Chamber of Commerce has discussed the possibility of re -locating and re- scheduling the February Mainstreet Marketplace to the Auto Mall on Friday, February 11. In addition, on Saturday and Sunday, February 12 and 13, the auto dealers may consider offering family -type attractions such as a carnival with rides. The auto dealers asked Kiner/Goodsell to submit a plan and budget for these activities. The Chamber of Commerce will provide in -kind services and advertising for the mixer and Mainstreet Marketplace. The City has budgeted, through its Marketing Plan, $4,500 for City-wide marketing efforts to welcome the Auto Mall to La Quinta (Attachment 1). The City's funds would be used to advertise the grand opening with wording such as 'The La Quinta Business Community Welcomes the Auto Mall to La Quinta.' The committee scheduled another meeting for October 18, 1999 to further discuss the plans for the grand opening. Attachment 1 : Cost Estimate for City -Wide Auto Mall Promotion 471 K/G Estimate Mark Weiss Date 07/28/99 City of La Quinta Number COLQ-861 8 78-495 Calle Tampico Revision Original La Quinta, CA 92253 AE/Team L G Due Date: 1 2/31 /99 Name/Title: Auto Mall Welcome Event A E : Lea Goodsell Desc/Specs: Create a citywide promotion to welcome the new La Quinta Auto Mall - can be coordinated with area retailers. Collateral materials include counter cards and ads in the Gem and other local media. Description Est. Hours Estimate Account Services 30.00 Project coordination - retainer Art Direction 6.00 $ 510.00 ' Advertising cost $ 3,680.00 Zip Disk $ 12.00 ' Public Relations 5.00 ' Printing $ 300.00 " Produce counter cards for La Quinta businesses Subtotal $ 4,502.00 '7.7500% Sales Tax: $ 63.70 TOTAL $ 4,565.71 Total Estimated Hours: 41.00 This estimate represents a good -faith estimate of the job's actual costs. The final cost is based on client revisions on approved work that is ordered. Every K/G estimate may vary by +/- 10%. Approvals: Client Date: DEPARTMENT REPORT: `- / OCTOBER 5 OCTOBER 8 - 10 OCTOBER 9 OCTOBER 10 - 12 OCTOBER 19 NOVEMBER2 NOVEMBER2 NOVEMBER4 NOVEMBER5 NOVEMBER 16 NOVEMBER 26 - 28 DECEMBER3 DECEMBER7 DECEMBER 21 CITY COUNCIL'S UP -COMING EVENTS CITY COUNCIL MEETING CV REC & PARK OKTOBERFEST AT FRANCIS HACK PARK CITYWIDE CLEAN-UP DAY ANNUAL LEAGUE CONFERENCE IN SANJOSE CITY COUNCIL MEETING CITY COUNCIL MEETING ELECTION DAY MAYOR'S LUNCH MAINSTREET MARKETPLACE CITY COUNCIL MEETING LEXUS CHALLENGE AT CITRUS COURSE MAINSTREET MARKETPLACE CITY COUNCIL MEETING CITY COUNCIL MEETING 473 JANUARY 4 JANUARY 18 JANUARY 19 - 23 CITY COUNCIL MEETING CITY COUNCIL MEETING BOB HOPE CHRYSLER CLASSIC FEBRUARY 1 CITY COUNCIL MEETING FEBRUARY 4 MAINSTREET MARKETPLACE FEBRUARY 15 CITY COUNCIL MEETING MARCH 3 MAINSTREET MARKETPLACE MARCH 7 CITY COUNCIL MEETING MARCH 16 -19 LA QUINTA ARTS FESTIVAL MARCH 21 CITY COUNCIL MEETING MARCH 31 MAINSTREET MARKETPLACE Updated: September 29, 1999 474 c: mydocuments\ccevents October 1999 Monthly Planner Printed by Calendar Creator Plus on 9/29/99 475 November 1999 Monthly Planner 1 2 3 4 5 6 2:00 PM City 12:00 PM l Council Meeting Mayor's Lunch P. st; Election Day "xk m: 7 8 9 10 11 12 13 9:30 AM CVAG 7:00 PM C.V. 9:00 AM RCTC- 12:00 PM Energy/ Public Safety- Mosquito Abate. Pena Envi-Sniff Perkins -Perkins 5:30 PM Invest- 7:00 PM Cultural 12:00 PM CVAG 7:00 PM Planning ment Advisory Arts Transp-Perkins Commission Board Commission 7:00 PM Commu- Meeting nity Services Commission Veterans Day (HOLIDAY) 14 15 16 17 18 19 20 9:00 AM CVB- 3:30 PM Historic Henderson Preservation 2:00 PM City Commission Council Meeting 21 22 23 24 25 26 27 2:30 PM RCTC Budget -Pena 7:00 PM Planning Commission 12:00 PM CVAG Human/Com- 4 6:00 PM CVAG Meeting Adolph Exec.Com-Pena 4:00 PM DRRA Thanksgiving Thanksgiving Airp-Henderson Day Holiday 28 29 30 cto er December S M T W T F S S M T W T F S 1 2 3 4 5 6 7 8 9 5 6 7 8 9 ]0 11 10 11 12 13 14 15 16 12 13 14 15 16 17 18 17 18 19 20 21 22 23 1 24 25 26 27 28 29 30 9 20 21 22 23 24 25 31 26 27 28 29 30 31 Creator Plus on 9129/99 476 Printed by Calendar —r- DEPARTMENT REPORT: �' 1 v S OFTN�v TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JERRY HERMAN, COMMUNITY DEVELOPMENT DEPARTMENT DATE: OCTOBER 5, 1999 SUBJECT: CONTINUED- REPORT ON POWER LINE UNDERGROUNDING FOR LUNDIN DEVELOPMENT COMPANY AT THE NORTHWEST CORNER OF JEFFERSON STREET AND 50TH AVENUE This matter was originally on the City Council agenda for August 3, 1999 as written correspondence. After hearing from Mr. Mike Smith, representing Lundin Development, the Council requested that staff meet with the developer and report back. Staff has met with Mr. Smith, representing the developer, and through further refinement, the developer and staff have resolved the issue of bonding requirements. As noted in the attached letter, the applicant is again requesting that the issue of undergrounding be continued for an additional 60 days (Attachment 1). Therefore, staff will continue to meet with the developer and will provide a Department Report in the City Council agenda of December 7, 1999. 477 ATTACHMENT 1 Lundin Development Co. September 23, 1999 Mr. Jerry Herman Director of Community Development City of La Quinta P. O. Box 1504 La Quinta, Ca 92253-1504 Subject: Parcel Map 29052 Dear Jerry: W CV W tq As we discussed, we want to thank staff for their efforts in reevaluating the bond amounts for this Parcel Map. We are now satisfied with the bond requirements and therefore it is not necessary to have this reviewed before the City Council. With regards to the condition to underground all power lines under 34KV and how it relates to the existing facilities along Jefferson and 50t", we would like an additional 60 day continuance regarding this item to allow further review with staff. As always thank you for your help. Yours very truly, Greg Bever 003 16400 Pacific Coast Highway, Suite 207 • Huntington Beach, California 92649 • (562) 592-6020.• FAX (562) 592-6050 - 478 DEPARTMENT REPORT: F-1 c&ht 4 4 " MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: DODIE HORVITZ, COMMUNITY SERVICES DIRECTO 1 JERRY BERMAN, COMMUNITY DEVELOPMENT DIRECTOR DATE: OCTOBER 5, 1999 SUBJECT: DE MARTINO ART PIECE CONTRACT UPDATE The Transpacific Development Company was conditioned to install an art piece on the northeast corner of Highway 111 and Washington Street. The artist selected to provide the art work was Louis De Martino and the "One Eleven La Quinta Landmark" (Attachment 1 and 2).The City entered into a three party contract with Louis De Martino and Washington/Adams L.L.C. to provide the art piece on September 6, 1996. Pursuant to the terms of the Contract, the Developer shall provide for the maintenance of the art piece for the life of the artist plus 20 years. The City shall become the owner of the art piece 25 years after completion of the piece (Attachment 3). Upon review of the contract between Mr. De Martino, Washington/Adams L.L.C. and the City of La Quinta, the City's legal counsel has deemed all work to be performed in accordance with the final contract has been completed. On December 15, 1998, the City Council authorized staff to negotiate an additional contract with Mr. De Martino to design and install landscaping for the art piece on the corner of Highway 111 and Washington Street (Attachment 4). After completion of the negotiations and subsequent execution of the contract, Mr. De Martino provided the landscape around the art piece per the scope of the project as presented on January 18, 1999 (Attachment 5). Final acceptance of the landscape project was approved on June 22, 1999 (Attachment 6). On June 15, 1999, the City Council inquired as to the graffiti removal from the art piece (Attachment 7). Mr. De Martino was able to remove the graffiti by applying a coat of paint over the graffiti on the base of the art piece. C:\My Documents\DE MARTINO CONTRACT UPDATE.wpd 479 0 'S ATTACHMENT 1 `y THIS ART PURCHASE AGREEMENT (the "Agreement") is entered into this 4 `� day ofe 1996, by and between THE CITY OF LA QUINTA, a California municipal corporation (the "City"), and WASHINGTON/ADAMS, L.L.C. ("Developer") and LOUIS DEMARTINO ("Artist"). A. The Developer is currently constructing the One Eleven La Quinta Shopping Center. To meet the requirement for artwork pursuant to Chapter 2.65 of the City Municipal Code, the Developer is commissioning the fabrication and installation of certain ARTWORK (the "Artwork") to be installed and displayed by the Developer at the SITE LOCATION which is within the One Eleven La Quinta Shopping Center located at the northeast corner of Highway 111 and Washington Street (the "Site Location"). NOW, THEREFORE, the parties hereto, for the consideration and under the conditions hereinafter set forth, hereby mutually agree as follows: ARTICLE I. SCOPE OF SERVICES 1.1 Scope of Design Services. Developer and/or Artist shall prepare or cause to be prepared, any required approvals for all shop drawings, details, and samples, and shall do all other things necessary and incidental to the performance of Developer's and/or Artist's obligations pursuant to this Agreement. 1.2 Scope of Fabrication Services. Artist shall fabricate, transport and install the Artwork pursuant to and by the times set forth in the Scope of Design Build Services and the Schedule of Performance attached hereto as Exhibit A and Exhibit B, respectively, and incorporated herein by this reference. The City shall have the right to review the Artwork at reasonable times during the fabrication thereof. Artist shall submit to the Developer and the City monthly progress narratives, including photographs, as required by the Schedule of Performance (Exhibit B). The narratives shall include the percentage of the Artwork completed to date, along with an estimated completion date. Artist shall furnish all tools, equipment, apparatus, facilities, plant, labor, services, materials, and all utilities and transportation, including power, fuel, and water, and to perform all work necessary to construct, transport and install in a good and workmanlike manner the scope of work set forth in the Scope of Design Build Services (Exhibit A), or reasonably inferable therein, together with the appurtenances thereto, at the Site Location. It is understood and agreed that all said plant, labor, services, materials, equipment, and facilities shall be furnished and said work performed and completed by Artist as an independent contractor, subject to the inspection and approval of the City or its representatives. 430 U0 FORM.CON Art Purchase Agreement 20.5 The City shall give any subsequent owner of the Artwork written notice of the covenants contained herein, and shall cause each such successive owner to be bound thereby. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. City of La Quinta, California APPROVED AS TO FORM: i 1eLy-4'-C4 a I a DAWN HONEYWELL, ity Attorney City of La Quinta, California CITY: CITY OF LA QUINTA, a California municipal corporation : BY THOMAS P. GENOVESE, City Manager City of La Quinta, California ARTIST: LOUIS DEMARTINO DEVELOPER: WASHINGTON/ADAMS, L.L.C. By � Its FORM.CON 13 481 r� Art Purchase Agreement 2 4. Artist shall provide all unloading, hoisting, scaffolding, and bracing for the Artwork. 5. Artist shall provide all drilling, coring, cutting, fastening, and welding required for the Artwork. 6. Artist shall supply all specialty lighting required to complete the Artwork. 7. Developer shall supply all landscaping required to complete the Artwork. 1. One Eleven La Quinta Landmark: The mountains will be depicted by pyramidal, bronze peaks, supported by a base of pigmented concrete in a color evoking the desert floor. To draw one's attention at night, light would emanate from a small, clear, poly carbonate gem embedded in the mountains, softly spilling a refracted glow onto the reflective surfaces of the slopes. The bottom perimeter of the mountains (the concrete base) would be downlighted to create a weightless floating effect. 2. The bronze peaks and the pigmented concrete would be 30-feet by 12-feet by 18 -feet. 3. The entire Artwork is to be permanently bolted to the boulders and sufficient security measures insured by the Artist. 0I,5 48? FORM.CON 15 ATTACHMENT 2 0 z t" rn r z c � z 0 ATTACHMENT 3 Art Purchase Agreement b. Upon completion and at all times during fabrication and installation, the Artwork shall comply with all applicable statutes, ordinances and regulations of any governmental agency having jurisdiction over the Artwork. a. The Artist shall be available at such reasonable time or times as may be agreed between the City, Developer, and Artist to attend any and all inauguration, ground breaking, or presentation ceremonies upon completion of the Artwork. b. The Developer shall use reasonable efforts to arrange for publicity for the completed Artwork by local media and publications, and otherwise as may be determined between the City, Developer, and Artist as soon as practicable following installation. C. Upon installation of the Artwork, the Artist shall provide the Developer and City with written instructions for appropriate maintenance and preservation of the Artwork, with which the Developer shall comply subject to Section 6.4 hereof. a. The Artist shall advise the Developer and the City in writing that the Artwork will become the responsibility of the Developer on the effective date of completion of the project and the acceptance as complete by the Developer and the City. Following receipt of such notice the City shall cause the installed Artwork to be inspected by suitably qualified and appropriate professional(s), and within five (5) days following completion of such inspection(s), the City shall either provide Developer with reasonably specific written objections to the installed Artwork or notify the Developer of its acceptance of the Artwork by a Notice of Completion in the form attached hereto as Exhibit D. Such Notice of Completion (Exhibit D) shall be evidence of the satisfactory completion and installation of the Artwork in conformity with this Agreement, subject to the indemnification, representations, and further performance obligations set forth in this Agreement. * b. Final Acceptance by the City of the ownership of the Artwork will occur at the completion of twenty-five years (25) or the year 2021. At that time the ownership and responsibility for the Artwork will rest with the City. 1.7 Risk of Loss. Upon final completion, the risk of loss or damage to the Artwork shall be borne by the Developer until the City accepts the Artwork at the completion of twenty-five (25) years or the year 2021. The Artist shall take such measures as are necessary to protect the Artwork from loss or damage, through insurance or other adequate security, and to maintain the Artwork until the a Notice of Completion has been issued by the City. The Developer shall take such measures as are necessary to protect the Artwork from loss or damage, through insurance or other adequate security, and to maintain the Artwork until the a Notice of Acceptance has been made by the City U0r I I J FORM.CON L • Art Purchase Agreement ARTICLE V. REPRODUCTION RIGHTS 5.1 General. The Artist shall retain all rights under the Copyright Act of 1976, 17 U.S.C. Sections 101 et sea . , and all other rights in and to the Artwork except ownership and possession, except as such rights are limited by this Agreement. In view of the intention that the Artwork in its final dimension shall be unique, the Artist shall not make any additional exact duplicate, dimensional reproductions of the final artwork, nor shall the Artist grant permission to others to do so except with the written permission of the City and Developer and at such time as Final Acceptance by the City at which time the City alone may approve. The Artist grants to the City, Developer, and its assigns an irrevocable license to make two-dimensional reproductions of the Artwork for noncommercial purposes, including but not limited to reproductions used in advertising, brochures, media publicity, and catalogues or other similar publications, provided that these rights are exercised in a tasteful and professional manner. 5.2 Notice. All reproductions by the City and Developer shall contain a credit to the Artist and denote its location, provided that the Artwork is protected by United States copyright law and reasonable substantiation thereof is provided to the City. 5.3 Credit to WASHINGTON/ADAMS. L.L.C.. The Artist shall use its reasonable efforts to give a credit reading substantially, "an original work owned by the WASHINGTON/ADAMS, L.L.C." in any public showing under the Artist's control of reproduction of the Artwork. 5.4 Registration. The Artist may at its expense cause to be registered, with the United States Register of Copyrights, a copyright in the Artwork in the Artist's name. ARTICLE VI. ARTIST'S RIGHTS 6.1 Identification. The Developer shall, at its expense, prepare and install at the Site, pursuant to the written instructions and subsequent approval of the Artist, a plaque identifying the Artist, the title of the Artwork and the year of completion, and shall reasonably maintain such notice in good repair against the ravages of time, vandalism and the elements. �- 6.2 Maintenance. The parties recognize that maintenance of the Artwork on a regular basis is essential to the integrity of the Artwork. a. The City shall have the right to determine, after consultation with a professional art conservator, when and if repairs and restoration to the Artwork will be made. To the extent practical, the Artist, during the Artist's lifetime, may be given the opportunity to make or personally supervise significant repairs and restorations and shall be paid a reasonable fee for any such services, provided that the City, Developer, and the Artist mutually agree in writing, prior to the commencement of any significant repairs or restorations, upon the Artist's fee for such services. No fees shall be paid to Artist for repair or restoration due to a breach of the U U v representations and warranties set forth herein. 485 85 Purchase Agreement b. All repairs and restorations shall be made in accordance with recognized principles of conservation. Ia. The Developer shall maintain the Artwork in a manner that the City determines appropriate in its sole discretion. b. The City and Developer shall use its reasonable efforts to meet and consult with Artist prior to the time of making any alteration. If any alteration is made without the consent of Artist, Artist shall have the right to direct the City and Developer to remove Artist's name from the Artwork. In connection herewith, Artist hereby acknowledges and agrees that Artist is familiar with Section 987 of the California Civil Code and the rights and protection afforded Artist thereunder, and Artist hereby waives each and all of Artist's rights and protection under Section 987 of the California Civil Code to the extent such rights and protection are inconsistent with this Section 6.4; provided, however, that to the extent that the rights and protection afforded Artist under Section 987 of the California Civil Code are not inconsistent with this Section 6.4 or pertain to matters that are not dealt with in this Section 6.4, Artist shall retain such rights and protection. 6.5 Permanent Record. The City shall maintain a record of this Agreement and of the location and disposition of the Artwork. 6.6 Artist's Address. The Artist and Developer shall notify the City of changes in their address. The City shall take reasonable effort(s) to locate the Artist when matters arise relating to the Artist's rights under this Agreement. 6.7 Surviving Covenants. The covenants and obligations set forth in this Article VI shall be binding upon the parties, their heirs, legatees, executors, administrators, assigns, transferees and all their successors in interest, and the City's covenants do attach and run with the Artwork and shall be binding to and until twenty (20) years after the death of the Artist unless otherwise stated herein., Upon the death of the Artist, the representative of Artist's estate shall assume the surviving covenants and obligations of Artist set forth in this Article VI. ARTICLE VII. ARTIST AS INDEPENDENT CONTRACTOR The Artist shall perform all work under this Agreement as an independent contractor and not as an agent, joint venturer, partner or an employee of the City or the Developer. The Artist shall not: a. be supervised by any employee or official of the City or the Developer; U U 3 b. exercise supervision over any employee or official of the City or the Developer; M• FORM. CON 7 D 4 ATTACHMENT�� 4 TWY� COUNCILBDA MEETING DATE: December 15, 1998 Consideration and authorization to negotiate a contract with the recommended consultant to finalize the design and installation of the landscaping for the art piece located at the corner of Highway 111 and Washington Street RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: S CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve and authorize staff to enter into negotiations with Louis DeMartino for the design and construction of the landscaping of the art piece located at the northeast corner of Washington Street and Highway 111. FISCAL IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On July 7, 1998, the City Council authorized the circulation of a Request for Design/Build Services for the installation of landscaping for the City art piece. Staff distributed the Request and received no replies, therefore, staff redistributed the Request and received two replies. The Selection Committee interviewed Ray Lopez and Associates and Louis DeMartino on November 24, 1998. It is the recommendation of the Committee to negotiate a contract with Louis DeMartino. Once a contract has been negotiated and approved by the City Council, the contractor will begin the preparations of the three design schemes as required in the Request. These design themes will then be brought to the City Council for their decision. FINDINGS AND ALTERNATIVES: Options available to the City Council are: 1. Authorize staff to enter into negotiations with Louis DeMartino; 2. Provide direction to staff. 164�(/ ,eA� 48'7 VeryH n immunity Development Director U COH.011 City Council Minutes 21 December 15, 1998 MOTION - It was moved by Council Mem ers Sniff/Adolph to appoint Mayor Pena to the Chamber of Commerce In mation Exchange Committee. Motion carried unanimously. MINUTE OP ER NO. 98-203. 5. CONSIDERATION AND AUTHORIZATION TO NEGOTIATE A CONTRACT WITH THE RECOMMENDED CONSULTANT TO FINALIZE THE DESIGN AND INSTALLATION OF THE LANDSCAPING FOR THE ART PIECE LOCATED AT THE CORNER OF HIGHWAY 111 AND WASHINGTON STREET. Mr. Herman, Community Development Director, advised that the Selection Committee reviewed two proposals which were submitted by Ray Lopez and Louis DeMartino. The recommendation is that staff be authorized to negotiate a contract with Mr. DeMartino for the design and construction of the landscaping of the art piece located at the northeast corner of Highway 1 1 1 and Washington Street. Once a contract has been negotiated and approved by the Council, the contractor is required to present three design proposals for Council's consideration. He noted that one step from the process would be removed if Council were to authorize staff to go ahead with negotiations and enter into a contract with the contractor. . Council Member Henderson questioned why the Council is being asked to authorize landscape design, as she recalled the consensus of the Council some time ago was to remove the fence, plant grass, and then look at the site in six to eight months to determine if simplicity is all that is needed. Mr. Herman advised that Council approved the request for design and construction of landscaping for the art piece on July 7, 1998. Council Member Henderson felt the intent of the motion was to remove the fence and plant grass as she previously stated. Mayor Pena noted that the Council could direct the contractor to keep the design simple. Council Member Sniff felt it would be appropriate to move forward with a contract with Mr. DeMartino since he- designed the art piece, and he felt the contract could be negotiated with the understanding of what type of design the Council is looking for. After a brief discussion, it was determined that the consensus of Council is for the wall to be removed and for grass of any type to be planted at this time. Ui U rr' City Council Minutes 22 December 15, 1998 40 Mr. Genovese, City Manager, asked that staff be authorized to work with Mr. Lopez in case Mr. DeMartino objects to Council's direction. MOTION - It was moved by Council Members Sniff/Henderson to authorize staff to enter into a contract with either Louis DeMartino or Ray Lopez for the design and construction of the landscaping of the art piece located at the northeast corner of Highway 1 1 1 [Washington Street commensurate with the instructions provided. herein. Motion carried unanimously. MINUTE ORDER NO. 98-204. 6. CONSIDERATION OF CITY CO CIL REORGANIZATION: 1. SELECTION OF MAYOR PR TEM 2. APPOINTMENTS TO VARIOM BOARDS/COMMISSIONS/COMMITTEES There were no changes to the staf report as submitted to the City Council by the City Clerk and on file in the Cit Clerk's Department. Council Member Perkins nominated Mayor Pro Tem Henderson. Council Member Adolph nominated Co cil Member Sniff. MOTION - It was moved by Council embers Sniff/Henderson to close nominations. Motion carried unanimously MINUTE ORDER NO. 98-205. Voting • 1• Council Member Adolph voted for C uncil Member Sniff Council Member Henderson voted for Co ncil Member Henderson Council Member Perkins voted for Co ncil Member Henderson Council Member Sniff voted for Cou cil Member Sniff Mayor Pena voted for Coun it Member Henderson MOTION - It was moved by Council Members Sniff/P rkins that Mayor Pro Tern Henderson be named Mayor Pro Tern for the net year. Motion carried unanimously. MINUTE ORDER NO. 98-206. MOTION - It was moved by Council Members Perkins/1�ienderson to leave all Council appointments the same. \ Council Member Adolph noted that the City Council w6p elected to share • equally in the governing of the City, including appointments to the various 8 U 12- ATTACHMENT 5 January 18, 1999 Mr. Jerry Herman City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, CA 92253 v i CITY OF LA nniNIING DEPARTMENT DESIGN / BUILD PROPOSAL FOR THE SERVICES AND INSTALLATION OF LANDSCAPING AROUND A CITY ART PIECE SCOPE OF PROJECT Provide demolition of part of the existing sidewalk, the entire retaining wall and wall around the existing art piece, including footings. Remove existing landscaping . as required. Provide all materials and labor for the construction and installation of sod landscaping, complete irrigation system, and new walkway as indicated on the attached drawing. Provide all permits and required insurance. TOTAL PRICE; $29,800.00 Submitted by, Louis DeMartino Lic. # 269055 400 V.O. BOX 391370 ■ 38921 M21YRRV asnv ■ Anzn, KR ■ 92539 vrisne: (909) 763-1315 ■ FRX: (909) 763-2360 U1v .Martino, 1-18-99, page 2 LIST OF SUBCONTRACTORS Demolition, concrete work: G & M Construction 211 West Mesquite Ave. Palm Springs, CA Lic. # 272619 Landscaping and irrigation: Southwest Landscape 79-9,00 Horseshoe.Road La Quinta, CA Lic. # 563497 491 UILIIt OASIS 111 DESK" RENOVATION & LANDS'^APE PROJECT January 15, 1999 Scale 1" : 20' Louis DeMartino U15 492 P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 June 22, 1999 Mr. Louis DeMartino P. O. Box 391370 Anza, CA 92539 Dear Mr. DeMartino: (4U4 &q V4ATTACHMENT 6 (760) 7 7 7 - 7 0 0 0 (TDD) (760) 777-1227 Please fine enclosed your check in the amount of $29,800 for the landscaping improvements completed at the corner of Washington Street and Highway 111, which surrounds your art piece. This letter will serve as our acceptance of the work. Please be advised that you are to guarantee the work for one year from the date of this letter. In addition, please have the graffiti removed from the art piece and notify us as soon as this is completed, or provide us with a timeline of its removal. Sincerely, JJERRYHERMAN Community Development Director JH:bj s Enclosure 493 i1') Er ATTACHMENT 7 City Council Minutes 25 June 15, 1999 2. DISCUSSION REGARDING POSSIBLE SPONSORSHIP OF KOSOVO REFUGEES. Council Member Sniff suggested the possibility of the City sponsoring one or more Kosovo families trying to return home, and distributed some information for Council to review. 3. DISCUSSION REGARDING GRAFFITI REMOVAL FROM THE ART PIECE AT HIGHWAY 111 AND WASHINGTON STREET. Council Member Adolph asked what the status is of removing the graffiti from the art piece at Highway 1 1 1 and Washington Street. Council Member Sniff advised that the artist has indicated to him that he plans to apply a graffiti -resistant paint. He also plans to replace some of the lights underneath the art piece, and to reposition the gem, with perhaps alternating colors to make it more attractive at night. Ms. Horvitz, Community Services Director, advised that the artist is working on removing the graffiti. Council Member Adolph noted that the art piece looks better since the wall has been removed and grass has been planted, but wished to see if CVWD could use something on the ground to mark their utilities rather than the existing white post. Mr. Hartung, Building & Safety Director, advised that staff will look into it. There being no further business, it was moved by Council Members Adolph/Sniff to adjourn. Motion carried with Mayor Pena ABSENT. ctfully submitted, 4AUNDRA L. MHOLA, City Clerk City of La Quinta, California 017 494 DEPARTMENT REPORT: S- I POLICE REPORT Inside this issue: August Significant Activ- ity Report La Quinta Target Team Au- gust Report August Crime Statistics Summary Y2K Preparation Earthquakes, Floods, and Y2K Brochure Special points of interest: Reported Vehicle Thefts continue to decline. • Active Narcotic enforce- ment continues to im- pact reporting statis- tics. • Residential burglaries still a major concern. Burglary reports on the whole are down from last month and YTD. Y2K: A Police Problem? Is the La Quinta Police De- partment prepared for all con- tingencies when the clock strikes midnight on December 31, 1999? A single, specific answer to that questions is still unknown, but the exten- sive preparation outlined in the attached report provides an understanding of the size, scope, and nature of the law enforcement related prob- lems that may occur. Although I recognize that self reporting may result in overly optimistic Y2K projections, the high level of prepared- ness should reduce problems to inconveniences rather than tragedies. Since La Quinta Officers will be called on to provide assis- tance to any disruptions to "normal activities", our con- tingency plans include disrup- tions in the eight major areas identified by the U.S. Senate 100 Day Report — Utilities, Healthcare, Telecommunica- tions, Transportation, Finan- cial Services, General Govern- ment, General Business, and What is CAUD? CAL -ID services are utilized by the La Quinta Police Depart- ment The Cities and County govern- ment agencies of both River- side and San Bernardino joined in 1985 to obtain grant funding from the State of Cali- fornia to purchase a regional La Quinta Police in Partner- ship with Riverside County Sheriff's Department Litigation. You will note in reading the attached report, that there will be an additional cost in overtime hours to provide adequate coverage to the critical hours of the approach- ing millennium. Not only are we looking at incidents caused by sporadic disruption of services, but consideration is being given to the human Automated Fingerprint Identi- fication System (ARS). The computer system is com- monly referred to as CAL -ID. The CAL -ID system provides timely identification of sus- pects in criminal investiga- tions by maintaining a finger- print database of all subjects element Opportunistic crimes and celebratory inci- dents will be the most likely contributor to a drain on man- power. Exact cost projections will be available for your re- view by the middle of October. (As an interesting side bar, I noted that the federal govern- ment will spend in excess of $8 billion on Y2K.) The preparedness brochure, Earthquakes, Floods and Y2K which is being handed out to citizens has been attached for your information. In simplistic terms it likens Y2K to any other major event, with the implication that similar prepa- ration is appropriate. With our jurisdictional circurTr stances in mind, we are doing our best to prepare for Y2K based on facts and reason- able predictions about the problem's effects on vital ser- vices and the reactions of individual citizen. fingerprinted within the coun- ties of Riverside and San Ber- nardino. In 1998, Riverside CAL -ID developed and implemented the first county wide photo imaging system with a data- base capacity of one million criminal offenders. CITY of LA QU/NTA SIGNIFICANT ACTIVITY REPORT AUGUST 1999 ARRESTS 080199 La Quinta resident arrested for driving under the influence of alcohol in the area of Calle Tampico and Eisenhower. 080299 La Quinta resident arrested for possession of methamphetamine in the 51100 block of Calle Guatemala. 080499 Mecca resident arrested for possession of methamphetamine in the area of Montero and Huerta. 080699 Palm Desert resident arrested for fraud in the area of Washington and Hwy. 111. 080799 La Quinta resident arrested for public intoxication in the area of Avenida Carranza and Calle Nogales. La Quinta resident arrested for domestic battery causing injury in the 51750 block of Avenida Madero. Thermal resident arrested for driving under the influence of alcohol in the area of Avenue 50 and Washington. 080899 La Quinta resident arrested for hit and run traffic collision causing injury and driving under the influence of alcohol at Circle K. La Quinta resident arrested for domestic battery in the 53800 block of Avenida Juarez. 082299 Two La Quinta residents arrested for battery on a peace officer in the area of Calle Monterey and Avenida 4bregon. 082599 La Quinta resident arrested for evading a peace officer and driving under the influence of alcohol Calle Ensenada and Avenida Carranza. La Quinta resident arrested for public intoxication at AM PM. ` 0i 496 ARRESTS CONTINUED 082699 La Quinta resident arrested for brandishing a firearm in the 54300 block of Avenida Velasco. La Quinta resident arrested for domestic battery causing injury in the 54400 block of Avenida Velasco. 082799 La Quinta resident arrested for driving under the influence of alcohol in the area of Washington and Hwy. 111. La Quinta resident arrested for obstructing a peace officer in the 51100 block of Avenida Navarro. La Quinta resident arrested for under the influence of a controlled substance in the area of Stater Brothers. 082999 La Quinta resident arrested for possession of methamphetamine in the 51100 block of Avenida Mendoza. LA QUINTA TARGET TEAM SIGNIFICANT ACTIVITY The Target Team assisted members of the Coachella Valley Narcotics Task Force in the service of a search warrant that resulted in the discovery of/z pound of cocaine. The Target Team was able to develop information regarding several clandestine drug labs in operation in the La Quinta cove area. The investigation is ongoing as the Target Team is working closely with members of the Sheriffs Department Special Investigations Unit in gathering the necessary information to shut down these labs. 497 Riverside County Sheriff's Department La Quinta Target Team Monthly Report August 1999 The following is a summary of the Target Team activities for the month of August Ongoing investigations 7 Arrests/Filings 8 Vehicle stops/checks 25 Business contacts 9 Investigation assists 4 Arrest warrants served 6 Arrest warrants attempted 10 Programs 0 Pedestrian checks 23 Crime prevention hours 0 Bar checks 10 Back-ups 6 Follow-ups 12 Search warrants 1 Probation searches 10 Parole searches 3 Consent searches 20 Meetings 1 Recovered stolen property $0.00 Citations 7 Surveillances 4 Property checks 3 Civil commitments 0 Bicycle time 0 hours Training hours 20 Illegal drugs seized '/z pound cocaine Total mileage: 1093 Arrests and Filings: Indio resident arrested for (6) misdemeanor warrants. (4) Perris residents arrested for 11550 H&S during DRB sweep. Murrieta resident arrested for 11550 H&S ao 498 LQ resident arrested for public intoxication. LQ resident arrested for traffic violation. LQ resident arrested for possession of cocaine. Noteworthy accomplishments: The Target Team assisted SIB with a search warrant in the area of 51000 Navarro. During the search `/z pound of cocaine was located. One person was taken into custody. The Target Team and juvenile probation conducted (8) home visits in various locations throughout the city. The Target Team participated in a 11550 H&S program in the Cities of Perris and Murrieta. (5) persons were arrested and counted toward DRE certification. The Target Team and SIB are currently gathering information on several locations in La Quinta in reference to drug activity and manufacturing. The Target Team assisted patrol with several calls for service and traffic problems. The Target Team and Traffic Team are planning a "Back to School" program which will be conducted the first two weeks of this school year. The Target Team will be implementing the patrol bikes and assisting with traffic related problems which seem to occur at the start of school. Prepared on 09/03/99 by; Dep. E. Price # 73 T�,r Dep. T Brewster #2297 My CITY OF LA Q UINTA CRIME STATISTICS SUMMARY A LTG FIST 1999 500 CITY OF LA QUINTA AUGUST CRIME COMPARISONS CRIME AUGUST 99 AUGUST 98 YTD 99 YTD 98 *HOMICIDE 0 0 1 2 *RAPE 1 1 4 13 SEX CRIMESJUL)0 0 16 11 SEX CRIMES ISD) 2 1 8 14 ROBBERY 1 0 11 7 ASSAULT (FEL) 7 7 70 68 ASSAULT SD 10 9 143 113 BURGLARY 26 37 229 263 *VEHICLE THEFT 1 9 66 58 *THEFT FEL 6 6 104 87 THEFT MISD 21 20 195 204 VANDALISM SD 20 24 270 185 DOM. VIOLENCE 6 11 77 79 NARCOTICS 7 0 70 35 DUI 4 9 53 73 TIC NON -INJURY 34 29 242 230 T/C INJURY 2 2 32 36 T/C FATAL 0 0 1 0 TRAFFIC CITATIONS 198 320 1996 1901 * STATISTICS INCLUDE ATTEMPTS 5101 z w 2 F- LLJ 0 w 0 J CL z :D iR 0) 00 0) 0) 0) 0) r qr— to 0 � co N O w CL 502 6 r w x L w x x c J Q Q 0 a a 0 0 0 0 © Ln o LO o m N cN � �- 503 z w a w 0 w 0 J d �rw S O Yj V 504 F� w CL ui 0 w U 0 9 z a Q J w O W I U' 4 U Lq U Z J O Z J F� 505 O O C7 © © O O N O 00 CO N V- T- Z 0 Z U U U J Q 506 ca O Lz 1- M co 0) 0) 0 0 N C.� co co ct' CV 0 rt-I a z z a U Q 507 W U J Q J O O 0) CF) Q ■ 0 U) O U) O U) O O U') M M N N T- V- H 508 CITY OF LA QUINTA DISPATCH INFORMATION / AUGUST 1999 TYPE OF CALL RESPONSE TIME (MINUTES) NUMBER OF INCIDENTS CODE 1: ROUTINE 8 758 CODE 3: EMERGENCY 3 4 50f) Submitted: Capt. Darla Singerton Data Updated: 08/20/89 Page: 1 Y2K PREPARATION INDIO STATION RIVERSIDE COUNTY SHERIFF'S DEPARTMENT The following information is a synopsis of the Response Plan adopted by the Indio Station for Y2K contingencies. STATION EOP Starting Thursday, December 30, 1999, 1800 hours, through Monday, January 2, 2000, 0600 hours, the Indio Station will go to twelve-hour shifts with all sworn personnel on duty. A Sheriffs Service Officer and Office Assistant will be on duty round the clock starting 1800 hours, Friday, Dec. 31 through 1800 hours, Sunday, Jan. 1 st — The additional personnel will be available to handle logistics, RMS, Dispatch overload on Channel 8, make entries and run queries. The Patrol staffing schedule for EOP will be completed by mid -October. An itemized estimate of overtime staffing costs for the City will be available at that time. A thorough staffing analysis is under review in an effort to mitigate these overtime costs. Station Emergency Operating Plans are being updated and the revised version will be distributed to all supervisors. These plans cover all major emergencies and are specific to phone numbers, locations, etc. for a wide variety of venues. A staffing schedule for Investigators and Special Assignments positions is being prepared and integrated into patrol where appropriate. Reserves and volunteers are being scheduled to augment assignments wherever possible (includes Explorer Scouts). Briefing training will be conducted throughout the next few months providing updates on intelligence, Y2K measures in place, radio usage (minimal traffic), and many other areas of concern. STATION AOD (Assist Other Department) The station Mobilization Plan was updated in February and is consistent with deployment needs created by Y2K incidents. The Mobilization Activation Roster has been updated and training will be provided to the new personnel. An equipment checklist will be distributed to the appropriate Deputies in preparation of a three-day redeployment. 510 Submitted: Capt. Darla Singerton Date Updated: 09/20/99 Page: 2 r The station generators are repair checked, tested, and logged on a bi-weekly basis. A fully functional Command Post will be set up in parking lot of the of the Indio Station. It will have a base radio and MDT. It will serve both to augment and back up operations. Additional cell phones are being borrowed from non -field Divisions (Court services, TSB, Personnel, etc.). Vehicle supplies (trunk) audited and ready to go. An extra Supply requisition for additional stock of batteries, first aid supplies, gloves, fuses has been approved. "Earthquakes, Floods and Y2K" Brochures developed in partnership with the Riverside County Fire Department have been distributed (see attachment). Vehicle repairs and maintenance has been alerted and programmed to allow maximum utilization of the Indio Station fleet. Vehicles will also be loaned from non - emergency divisions within the Sheriff's Department. Present estimates indicate 30 emergency vehicles and 15 unmarked sedans will be fielded from the Indio Station for EOP. We are updating our inventory of all emergency supplies. The food and water supply (per station plan) has been checked and refreshed as needed. INTRA-DEPARTMENT (Sheriff) Dispatch — Dispatch will be fully staffed and coordinate with Indio Station personnel for possible overload assistance. The Indio station has a functioning radio for dispatch inside the office. CAD System (Vesta) — The equipment is in process of being upgraded and is designed to be Y2K compliant by mid November. EST — Two, six person teams will be deployed (one at the Indio station) and ready to respond as rescue for officer down/containment situations -- Will not be handling regular response calls. INDIO JAIL — The jail personnel are gearing up for additional bookings and will provide a mobile booking van. PIO — We are coordinating with our Press Information Officer to publicize a safety for the holidays theme (includes Spanish media). Palm Desert Station -- The Palm Desert station has an auxiliary fuel tank with a capacity of 5000 gallons which will be used as a back up fuel source. HDT —The Sheriffs bomb squad will split personnel to have East and West County contingents ready to respond. SIB — The Sheriffs Special Investigations Bureau has already started monitoring for intelligence information. The Unit will be giving daily briefings via e-mail or phone to the Indio Station. 511 Submitted: rapt. Darla Singerton Date Updated: 09/20199 Page: 3 INTER -DEPARTMENT (County, Cities, Utilities, etc.) County Fleet Services — Requests have been filed with the County to insure maximum vehicles repaired and serviced during the critical time frame. Maintenance service is being monitored to insure all vehicles available for the Y2K weekend. ui-iF — Helicopter at Thermal airport for response. RSO response limited due to recent operational problems. EOC — Sheriffs personnel will staff the La Quinta, Coachella, and County Emergency Operating Centers. CNF — Fleet fuel is obtained through CNF. Contacts are being updated for emergency numbers and operating alternatives (hand pumps, etc.). IID (La Quinta) & CVWD (Coachella) — Contact with both utilities, confirming Y2K measures, emergency numbers, and other areas of mutual concern. (Written synopsis of contact information in station plan) Country Clubs — Contact with the head of security for each large country club in our jurisdiction. Discussions include Y2K measures, emergency numbers, staffing plans, and other areas of mutual concern. (Written synopsis of contact information in station plan.) Banks — Contact with managers of banks located in our jurisdiction. Discussions include Y2K measures, emergency numbers, hours open for business, and other areas of mutual concern. (Written synopsis of contact information in station plan). Large Grocery Stores — Contact with managers of large grocery stores located in our jurisdiction. Discussions include Y2K measures, food stocking, hours open for business, emergency numbers, and other areas of mutual concern. (Written synopsis of contact information in station plan.) If there are any questions or requests for further detail, please feel free to contact me. 5102 ea ; e ^ .9 ea L � n.L u a N •CC y E. W O R � R Y Y C 10 R Y L 6l V ci L ea��a8• L = = L ' R y y � O �+ O R C COQ = S d i Z, O R C 7 y T O O CJ G i. cJ R 41 •� R > L u E. 6! a U Q •� Ij y R L •R L 7 'O O C= L N R Lcw Z L R C y 0 io y R d •> � 7 L 67 R v 0 6L! O CQ .� u �.. W C/� �... •o a, s F J � U >' � 3 c� E �❑ u u ,� ' L _ 72 Ej O£ 0 .L CJ t C? '•J' J C U ` C 'U O C u U C M U C L CA O LU C O C-u c G' `0 3 `o ? -F c .Q F 7 p U O L U L U= ;= U V L ` L s C� v E 'o u Y i o G> J c v E 'C U T. U��VI IV,'E c s L >; - .00E ." ai `� c.. o- �I C C y C •- O y T—` > v 3 U L tb tj cvC uUy cd L'7 £U rai EG L �O n ci O\ O C Nc G� Uy u E ON D U T U O C 'O 7 '7 C bA - c0 ��E�GJc� v� _'�cucE��' "3 o A c a L c o U C ` t cC `a = U O G. .2tCJ bA O C4 0 T v 3 O I+y Q 0 s c� G .E Q c V1 � O c� W ell" oIo aoo© O NI O° N 0 0 0 0 ►�"� I �"'� I �", I O '� 10 0 0 �i 0 0 0 0 OIO O O GN.. O r�ila O O O�+i©ON00©O'��IN NI©©ON©oo►�l��l�l y 00 U C [�-�.?-3 ci ° o E L ZwmR_ wo ww LO"_ s o � 0 �o _ A O O iL X C "� C-O L N .O n 0 4: Y E c° O n , YOs� n �•� °� °t s _Cyaj e O V N• a cs 7 U G j M _7 n cJi T p� c L N o E O N O O> " N U LY 'b y Y n :J O 'O \° C O. J= 'U va C. C L ° u o Y s Y n i "rn'« -C cmatD -" c 3, n � to T Q L L �• L_ Q) Y � C U L 4� X N o Y E Y � n .a a'='_ `-' � �• � -J G. `.3 � Y E= n n fl X n. Nau �w� n= U •� y 0 Y n n N L Y c O J ° ° csiU T omn v[-c.a3C :L �¢za> o > Y 1 n o c s Y c o m cs 3 L U V Y .E o :7 o n ':s j L 0` VV N Y U \\\ o L Y N n ;° N Y c p c n n 7 N � C Y o N n N C C Y p Y U j E n Y= G C O Y O N•� _ •` t s ua� Y> N= by Y b C" .� Y 4 • v� n -p `n L E Y = s n =a on to c T y N -° *Z) U .3 >o = ani •_ " s a c '-' cn N c 'v c_ L =' s' c J n �-, N u n s c Y 7 n 3 ti Y N c u = c 7p- Y«:y�'YU YviYay �U YOo.0 x c N Y o Y c� Y Y Y '> > T> o' Tp>EL opo=x p=Y�05 ter= nXoLto Yona�_ o w T 3 N w N c 2 0 c .. _ N s ° c N o c = Y 0 O= m T E -5 c U o 71 O � ❑ 'O vi � n. v `� � L u 0 0� p L :n n r 75 J ° G m Y O' �� ; = O 7 '= LE w o a E 514 T4ht 4 4 Qum& AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: October 5, 1999 CONSENT CALENDAR: ITEM TITLE: Public Hearing on Tentative Tract Map 29421, a Request to Subdivide 50.83 Acres into Four Commercial Lots, One Golf Cart Path Lot, and Other Common Lots in the Tourist Commercial Zone located at the Southern Terminus of PGA Boulevard in PGA West. Applicant: KSL Land Corporation RECOMMENDATION: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving Tentative Tract Map 29421, subject to findings and Conditions of Approval as attached. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The tentative tract, located at the southern terminus of PGA Boulevard, is partially developed with temporary modular offices and the Resort Clubhouse with its ancillary parking areas is within PGA West Specific Plan. PGA Boulevard is an improved private street providing access to the PGA West community consisting of approximately 1,900 residences. Land uses adjacent to the site include residential, golf course fairways, and recreational facilities (Attachment 1). SR CC TT 29241 - 36 515 Project Request Tract Map 29421 proposes to create five lots and various other street and landscape lots on 50.83 acres (Attachment 2). The parcels are described as follows: Lnt # Acres Land Use 1 45.15 Hotel Site 2 2.37 Existing Clubhouse 3 and 4 1.48 Tourist Commercial 5 0.08 Golf Cart Path A and B 1.50 Private Streets C through E 0.25 Landscape Total 50.83 Lots 1, 3 and 4 provide parcels for future development consistent with PGA West Specific Plan including "a maximum of 1,000 units in any combination of hotel rooms and/or condominiums, hotel lease or rental units, condo -hotel units, or, apartment/condominium cottage units (Section 2.2.3 of SP 83-002)." In addition to the hotel use, accessory retail and personal service shops, and recreational uses are allowed under Section 3.4 of SP 83-002. Lot 2 defines the boundaries of the existing clubhouse facility and portions of the existing parking lot. Golf cart access will be established via Lot 5. Private Street Lots "A" and "B" connect to PGA Boulevard and to improvements planned in Tract 28960 (i.e., future Spanish Bay). Planning Commission Action The Planning Commission considered this request at its meeting of September 14, 1999, and by a 5-0 vote recommended approval by adoption of Resolution 99-066, subject to Findings and Conditions of Approval. A copy of the Minutes is attached (Attachment 3). Public Notice This Map request was advertised in the Desert Sun newspaper on September 22, 1999. Public hearing notices were mailed to all property owners within PGA West, exceeding the City's Subdivision Ordinance requirements of a 500' radius. Enclosed is a letter from PGA West Master Association addressing the extension of PGA Boulevard (Attachment 4). 516 SR CC TT 29241 - 36 002 Public Agency Review The applicant's request was sent to applicable agencies on August 3, 1999, and pertinent comments received have been incorporated into the conditions. FINDINGS AND ALTERNATIVES: Findings necessary to approve the request, per Subdivision Ordinance 13.12.130 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 29421, subject to findings and Conditions of Approval as attached; or 2. Do not adopt a Resolution of the City Council approving the subdivision map request; or 3. Continue the request and provide staff with alternative direction. Respectfully submitted, e y Her an, Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. PGA Exhibit Map 2. Reduced Tract Map ,Exhibit dated September 21, 1999 3. September 14, 1999 Planning Commission Minutes (Excerpt) 4. Letter from the PGA' West Master Association 5. Large Tract Map Exhibit (City Council only) SR CC TT 29241 - 36 517 003 RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING FOUR TOURIST COMMERCIAL LOTS, A CART PATH LOT, AND OTHER COMMON LOT SUBDIVISION ON 50.83 ACRES LOCATED AT THE TERMINUS OF PGA BOULEVARD IN PGA WEST CASE NO.: TENTATIVE TRACT MAP 29421 APPLICANT: KSL LAND CORPORATION WHEREAS, the City Council of the City of La Quinta, California, did on the 51h day of October, 1999, hold a duly noticed Public Hearing for KSL Land Corporation for development of four tourist commercial lots, a cart path lot and other common lot subdivision on 50.83 acres in Specific Plan 83-002, generally located at the southern terminus of PGA Boulevard in PGA West; WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 14th day of September, 1999, hold a duly noticed Public Hearing for KSL Land Corporation for development of four tourist commercial lots, a cart path lot and other common lot subdivision on 50.83 acres in Specific Plan 83-002, generally located at the southern terminus of PGA Boulevard in PGA West, more particularly described as: Being a subdivision of Parcels 1, 2, and C of PM 24995, P.M.B 165/49-55; and Lots F, G, X, and Y of Tract 28444, M.B. 271 /57-62; APN: 769-730-001 thru -003, and -020 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 TTM 29421 is exempt from the CEQA of 1970, as amended, per Public Resources Code Section 65457(a). Environmental Impact Report (State Clearinghouse Number 83062922) for the Specific Plan was certified by the City Council in 1984. 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, 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 per Section 13.12.130 of the City's Subdivision Ordinance recommending approval of said Tentative Tract Map 29421: 518 004 RESO CC TTM 29421 - 36 Resolution 99- Tentative Tract Map 29421 KSL Land Corporation October 5, 1999 Finding Number 1 - Consistency with General Plan: A. The tentative tract is designated Tourist Commercial. The Land Use Element of the General Plan allows tourist commercial land uses. The project is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2). The project, as conditioned, is consistent with the goals, objectives, and policies of the General Plan Circulation Element and SP 83-002. Finding Number 2 - Consistency with Specific Plans 83-002 (Amendment #3) and City Zoning Ordinance: A. The proposed lots exceed the minimum size requirement of 10,000 square feet. The proposed tentative map is consistent with and will not negatively impact the overall growth and development of PGA West. B. The proposed tentative tract is consistent with the City's Zoning Code development standards and criteria contained in the PGA West Specific Plan. Conditions are recommended ensuring compliance with the PGA West Specific Plan and Zoning Code. Finding Number 3 - Compliance with the California Environmental Quality Act: A. Tentative Tract Map 29421 is within Specific Plan 83-002. The project is exempt from the California Environmental Quality Act per Public Resources Code Section 65457(a). Environmental Impact Report (State Clearinghouse Number 83062922) was certified by the City Council in 1984. No changed circumstances, or conditions, exist which would trigger the preparation of a subsequent Environmental Impact Report pursuant to Public Resources Code 21166. Finding Number 4 - Site and Landscape Design: A. The proposed tentative tract conforms with the design guidelines identified in SP 83-002 and provides a harmonious transition between other approved residences in PGA West. The relocation of existing parking lot facilities for the clubhouse shall require separate consideration by the Planning Commission under a Site Development Permit. Parking facilities for the clubhouse shall be on Lot 2, unless guarantees are made pursuant to Chapter 9.150 (Parking) of the Zoning Code. B. The proposed common landscaping will be privately maintained. The landscape design complements the surrounding residential areas in that it enhances the aesthetic and visual quality of the area. C. The site is physically suitable for the proposed land division. 519 005 RESO CC TTM 29421 - 36 Finding Number 5 - Site Improvements: A. Stormwater runoff will be diverted to the existing golf course to ensure off -site properties are not impacted from seasonal storms. B. The private streets to be constructed serve all proposed lots and connect to other existing streets in the PGA West development. Internal access is provided as required ensuring public safety vehicles proper access to this residential area. The streets are adequate in size to accommodate planned residential development in the immediate area. C. Infrastructure improvements such as gas, electric, sewer and water are available for the lots. No adverse impacts have been identified based on letters of response from affected public agencies. 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 constitute the findings of the City Council in this case; 2. That it does hereby require compliance with those mitigation measures required for Specific Plan 83-002, as amended; 3. That it does hereby confirm the conclusion that the Environmental Impact Report for the Specific Plan 83-002, as amended, assessed the environmental concerns of this tentative tract map; and, 4. That it does recommend approval of Tentative Tract Map 29421 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 the 51h day of October, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California 5 621 0 RESO CC TTM 29421 - 36 006 Resolution 99- Tentative Tract Map 29421 KSL Land Corporation October 5, 1999 ATTEST: GINA HENSLEY, Deputy City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California RESO CC TTM 29421 - 36 521 00 RESOLUTION 99-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29421 KSL LAND CORPORATION OCTOBER 5, 1999 GENERAL 1. Upon their approval by the City Council, the applicant is directed to file these Conditions of Approval with the Riverside County Recorder for recordation against the properties to which they apply. 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. 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). 4. This map shall expire on October 5, 2001, unless extended pursuant to the requirements of the City Subdivision Ordinance. 5. 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 (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, 522 008 A:\CondCC TT29421.wpd Resolution 99-_ Tentative Tract Map 29421 October 5, 1999 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. PROPERTY RIGHTS 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. 7. The applicant shall dedicate or 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. 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 HD. 9. 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. FINAL MAP(S) AND PARCEL MAP(S) 10. 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. 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. 11. 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 & 523 U19 A:\CondCC TT29421.wpd Resolution 99-_ Tentative Tract Map 29421 October 5, 1999 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. 12. 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. 13. 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 14. 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. 15. 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. 52 010 A:\CondCC TT29421.wpd Resolution 99- Tentative Tract Map 29421 October 5, 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. 16. 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 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 •3:1 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 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. 525 U11 A:\CondCC TT29421.wpd Resolution 99-_ Tentative Tract Map 29421 October 5, 1999 22. Prior to issuance of building permits, the applicant shall provide building pa 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 fdr PGA West. UTILITIES i 24. 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 TRAFFIC IMPROVEMENTS 25. The applicant shall install the following private street improvements illustrated on the approved tentative map as approved by the City Engineer: A. PGA Boulevard - Install variable width four lane Arterial street improvements witih raised median and roundabout terminal end. B. Spanish Bay - Install divided connection to PGA Boulevard. i 26. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians and street name signs. 27. Improvements shall be designed and constructed in accordance with the LQM�,, adopted standards, supplemental drawings and specifications. Improvement plans f¢r streets, access gates and parking areas shall be stamped and signed by qualified engineers. i 28. Corner cut -backs shall conform with Riverside County Standard Drawings #800, #8d1 and #805 respectively unless otherwise approved by the City Engineer. 29. 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. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 526 U1?' A:\CondCC TT29421.wpd Resolution 99-_ Tentative Tract Map 29421 October 5, 1999 30. 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" 31. 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. 32. 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 33. The applicant shall provide landscaping in raised landscape medians, required setbacks and on common landscape lots. 34. Landscape and irrigation plans for landscaped lots, setbacks and medians shall be signed and stamped by a licensed landscape architect. 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. 35. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized. PUBLIC SERVICES 527 36. The applicant shall provide public transit improvements as required by Sunline Transit and/or the City. 013 A:\CondCC TT29421.wod Resolution 99-_ Tentative Tract Map 29421 October 5, 1999 QUALITY ASSURANCE 37. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 38. 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. 39. 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. 40. 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. MAINTENANCE 41. The applicant shall make provisions for continuous, perpetual maintenance of all improvements. FEES AND DEPOSITS 42. 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. 43. The applicant shall comp)y with the terms and requirements of the development impact fee program in effect at the time of issuance of building permits. SPECIAL 44. Prior to issuance of final map approval, a Site Development Permit shall be approved for the relocation of the clubhouse parking lot. 45. Prior to final map approval, the applicant shall demonstrate that clubhouse parking facilities are guaranteed for a period of a least as long as the permitted use in accordance with Section 9.150.030 (1133 a-c) of the Zoning Code. 528 014 A:\CondCC TT29421.wnd 11 LL W. a: aIL w IL 0. Attachment 2 :I 530 017 Planning Commission Minutes Attachment 3 September 14, 1999 2. There beeno discussion, ' as moved and se ded by Commis ' ers Tyler/ continue rte Development P it 99-656 to Se tuber 28, 199 Unanimousl pproved. B. Tentative Tract Map 29421 ; a request of KSL Land Corporation for recommendation of approval of a subdivision of 50.83 acres into four lots, one golf cart access lot, and a private street and landscape lot within Specific Plan 83-002, located on the east, north, and south sides of PGA Boulevard at the street's southern terminus in PGA West. 1. Chairman Kirk opened the public hearing and asked for the staff report. Planning Manager Christine di Iorio presented the information contained in the staff report, copies of which are on file in the Community Development Department. Staff proposed a change to Condition #44: "Prior to issuance of a final map approval, a Site Development Permit shall be approved for the relocation of the clubhouse parking lot." 2. There being no questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Forrest Haag, representing KSL Land Development, stated they agreed with staff's revised condition. The issue of the alignment and configuration of PGA Boulevard at the terminus point has been a dynamic part of their plans. The parking analysis took the La Quinta Zoning Code into consideration for the various uses either existing or abandoned, and Spanish Bay deletes 25% of the existing parking for the abandoned uses. When you take the square footages and parking spaces required for the uses, it creates an available parking count of 248 cars for the area. So by the Code it is 21 spaces under parked. This allowed them to install 30 parking spaces at the end of the roundabout. In regard to Condition #25.A., which addresses the width of PGA Boulevard, staff s suggestion that the additional 33 parking spaces would be added in the site development permit area approved prior to final map recordation is acceptable to them. 3. Commissioner Tyler asked Mr. Haag to explain the location of the roundabout, which he did. 4. Commissioner Butler stated that if a customer did not want valet parking, self parking was not available. Mr. Haag stated that by the time the roundabout is installed, the signage will direct the customers to go right on Spanish Bay for parking or, proceed on for valet parking. 5. Chairman Kirk asked if the proposed parking lot would have egress and ingress from the roundabout. Mr. Haag stated it would. 531 018 CAMy Documents\WPDOCS\PC-9-14-99.wpd 2 f, Planning Commission Minutes September 14, 1999 6. Chairman Kirk asked if there were any concern about the number of curb cuts on the roundabout. Mr. Haag stated that his experience with roundabouts is that it slows down the traffic significantly so it is not difficult to make the turns. Senior Engineer Steve Speer stated the number of accesses into the roundabout is appropriate as well as the traffic speeds. The four lanes coming into the roundabout is hard to visualize until you see the plans. Staff stated that generally they have no objection with the changes proposed by the applicant. 7. There being no further questions of the applicant, Chairman Kirk asked if anyone else would like to address the Commission on this project. 8. Mr. Robert Falk, president of the Master Association at PGA West, stated they had met with Mr. Dodd of KSL regarding the application, and as they have agreed to widen PGA Boulevard to the four lanes with the sidewalk and golf cart lane they have no objections. KSL have taken into consideration the need for the parking and on that basis the Master Association is comfortable accepting the application as submitted. 9. There being no further public comment, Chairman Kirk closed the public participation portion of the hearing and opened the issue for Commission discussion. 10. Commissioner Abels stated he had no objections and supports the project. 11. Commissioner Robbins stated it looks a little convoluted with the number of egress and ingress, but if the Association is happy, he has no objection. 12. Commissioner Butler stated he has no objections. 13. Commissioner Tyler stated he concurred. 14. There being no discussion, it was moved and seconded by Commissioners Tyler/Butler to adopt Planning Commission Resolution 99-066 recommending to the City Council approval of Tentative Tract Map 29421, as modified: a. Condition #25.A. Install variable width four lane Arterial street improvements with raised median and roundabout terminal end. b. Condition #44. Prior to issuance of a final map approval, a Site Development Permit shall be approved for the relocation of the clubhouse parking lot. ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 532 . ti 19 CAMy Documents\WPDOCS\PC-9-14-99.wpd 3 PGA WEST MASTER ASSOCIATION PO BOX 1516, LA QUINTA, CA 92253 (760)776-5100 September 2, 1999 Mr. Robert Tyler, Chairman Members of The Planning Commission City of La Quinta CA 78-495 Calle Tampico La Quinta, CA 92253 RE: Tentative Tract Map 29421— PGA WEST Dear Mr. Tyler: Attachment 4 The PGA WEST Master Association is in receipt of the Planning Commission notice of Public Hearing on the above referenced Tract Map scheduled for September 14,1999. It is our understanding that this city action will delineate the existing map into four parcels, one of which is the Southern end of PGA Blvd. (the Terminus) ending at the Resort Clubhouse. The Association is aware that the Spanish Bay Gatehouse (formerly known as Columbine) will be located at this terminus as well as a proposed traffic "roundabout" to handle turnaround traffic. PGA Blvd. at the Southern terminus narrows from a four -lane roadway separated by a large landscaped median to two lanes separated only by a double yellow line. The Association has concerns regarding the ability of PGA BLVD. at this point to safely handle the amount of traffic that will be generated by the Gatehouse, Resort Clubhouse and "roundabout". The original location for the Southern most gatehouse on PGA Blvd. as laid out in the PGA WEST Specific plan 83-002, was at the location of what is now Weiskopff Blvd. PGA Blvd. at that intersection is four lanes wide. Based on this, it is the Association's position that the original planners of PGA Blvd. intended, for safety purposes, that all Gatehouses be fed by four lanes of traffic. The Association has made its concerns known to KSL at several meetings in the past months and we have been led to believe that they were in agreement with the Association and that necessary actions to widen the Blvd at this point, would be taken. The Association feels that this issue is crucial to the safety of those traversing PGA Blvd. and as such requests that the Planning Commission condition the approval of this tract map with the requirement that PGA Blvd. be widened as described above, to ensure an adequate, safe and properly engineered circulation plan. Please contact Association Manager John Monahan at (760) 564-3858 with any questions or concerns you may have regarding this matter. Sincerely, q," W - 1; wX\<1 Mr. Bob Foulk, Association President CC: PGA WEST MASTER Association Board of Directors PGA WEST Residential Association Board of Directors PGA WEST Residential II Association Board of Directors Larry Lichliter, KSL Development John Monahan, HOA 533 020 T4ht 4 4Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: October 5, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Joint Public Hearing Between the City Council and Redevelopment Agency to Consider a Lease PUBLIC HEARING: Transaction Between the Agency and the United States Postal Service for Four Vacant Parcels of Land Owned by the Agency Located on the North Side of Avenida Montezuma and west of Avenida Bermudas RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The United States Postal Service is requesting a ground lease for two years, with the option of a third year for the Agency property located between Avenida Bermudas, Avenida Montezuma, and -Avenida Navarro to locate three modular buildings which help alleviate the present overcrowding of the existing post office. The attached Lease Agreement (Attachment 1) involves four of nine lots owned by the Agency. The Lease is $1.00 a year for the first two years and if granted by the Agency Board, the third year would be at market rate. The Postal Service is conditioned to black -top the four lots to City standards, provide a living fence, and paint the modulars a sand or beige color with a light -weight red tile mansard roof. The Lease contains language requiring the availability of the parking lot for the annual March La Quinta Arts Festival. The Postal Service is requesting that a portion of the following statement be removed (as indicated) from the Lease Agreement: 534 COH.010 "Article II. Development and Ownership of Improvements 2.1 Construction. Inspection by Lessor and Right to Improvements. Lessee shall construct or cause to be constructed the grading and paving of the Premises which improvements shall include the placement of three modular buildings on the site which shall be painted a sand or beige color and have a light -weight red barrel or "S" type tile roofing material with a mansard roof, a living fence (chain link fence, without barb wire or similar material, and, having planting material adjacent to the fence such as Bougainvillea so that the fence will in time be covered with plant material), asphalt parking lot, and landscape areas with an underground automatic irrigation system for the United States Postal Service use (the "Improvements"). The asphalt parking spaces shall be available for the La Quinta Arts Foundation Festival in March, lighting shall comply with the Dark Sky regulations, and the site restored at the end of the lease by the removal of the modular buildings and the living fence and if desired by the Agency, the asphalt pai king areas and the site restared to a grass field with an underground autornatic irrigation syst Building permits shall be obtained...." The Postal Service has indicated that for a two year lease, this item would cost over $100,000, which would not be cost effective. The Agency Board can modify this, if so desired. The Lease has been reviewed and approved by both the Agency's Counsel and the United States Postal Service. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the Lease Agreement and authorize the Mayor to sign the Agreement; or 2. Do not adopt a Resolution of the City Council approving the Lease Agreement; or 3. Provide staff with alternative direction. Respectfully submitted, Herman 535 munity Development Director CCJH.010 Approved for submission by: Thomas P. Genovese, City Manager Attachments: Lease Agreement 536 003 C:\Mv Documents\WPDOCS\ccih.010-RDA.wod RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A TWO YEAR LEASE AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY, AND THE UNITED STATES POSTAL SERVICE FOR PROPERTY TO BE USED FOR THE SPECIFIC PURPOSE OF POSTAL SERVICE TO THE CITY WHEREAS, the City of La Quinta, La Quinta Redevelopment Agency, and the United States Postal Service entered into negotiations for a two year lease to develop modular buildings and a parking lot for the specific purpose of providing postal service to the City; and, WHEREAS, the site for the modular buildings and the parking lot is located directly south of, the existing La Quinta Post Office. More particularly known as: APN 773-078-008, 773-078-009, AND LOTS 8 AND 9 OF APN 773-078-023 WHEREAS, said site consists of four 50-feet by 100-feet undeveloped lots owned by the La Quinta Redevelopment Agency; and, WHEREAS, in order to facilitate placement of modular buildings and parking for the Post Office, the La Quinta Redevelopment Agency proposes to lease the site to the United States Postal Service for the development of the lots; and, WHEREAS, pursuant to the Health and Safety Code Section 33433, notice of the time and place of the hearing was published at least once a week for two successive weeks prior to the hearing and the Summary Report has been available for review; and, WHEREAS, the City Council has conducted a public hearing and duly considered all terms and conditions of the proposed Agreements and believes that the development of the site pursuant thereto is in the best interests of the City of La Quinta 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City Council determines that in order for the United States Postal Service to increase, capacity of processing mail for La Quinta residents, the Redevelopment Agency will. provide the land necessary to accommodate the expansion of postal service by entering into Lease Agreements, attached hereto and marked Exhibit."A". 537 004 CAMv Documents\WPDOCS\ResoCC-Post Office Grd Lease.Wod Resolution 96- Post Office Ground Lease SECTION 2. This City Council hereby finds that the Lease Agreement will assist in the elimination of blight and is consistent with the Implementation Plan adopted pursuant to Section 33490 of the Redevelopment Law. SECTION 3. The consideration is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by the sale or lease. SECTION 4. That the buildings, facilities, structures, or other improvements are of benefit to the project area or the immediate neighborhood in which the project is located, regardless of whether the improvement is within another project area, or in the case of a project area in which substantially all of the land is publicly owned that the improvement is of benefit to an adjacent project area of the Agency. SECTION 5. That no other reasonable means of financing the buildings, facilities, structures, or other improvements, are available to the community. SECTION 6. That the payment of funds for the acquisition of land or the cost of buildings, facilities, structures, or other improvements will assist in the elimination of one or more blighting conditions inside the project area or provide housing for low - or moderate -income persons, and is consistent with the Implementation Plan pursuant to Section 33490 of the Redevelopment Law. SECTION 7. The City Council approves the execution of the Lease Agreement and a copy of the Agreement, when executed, shall be placed on file in the office of the City Clerk. The City Manager is authorized to implement the Agreement and execute all further documents and take such further actions as may be necessary to carry out the Agreement. SECTION 8. A Categorical Exemption has been adopted per Section 15304 of the California Environmental Quality Act for this project. SECTION 9. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta City Council, held on this 5th day of October, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 538 C:\Mv Documents\WPDOCS\ResoCC-Post Office Grd Lease.wod 005 Resolution 96- Post Office Ground Lease JOHN J. PENA, Mayor City of La Quinta, California ATTEST: REGENIA HENSLEY, Deputy City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney City of La Quinta, California 539 C:1Mv Documents\WPDOCS\ResoCC-Post Office Grd Lease.Wod 006 LEASE AGREEMENT THIS LEASE AGREEMENT (the "Lease") is entered into this _ day of , 1999, by and between the La Quinta Redevelopment Agency, a public body corporate and politic ("Lessor" or "Agency") and the United States Postal Service ("Lessee"). RECITALS WHEREAS, the Lessor and Lessee desire to enter into this Lease Agreement to enable the Agency to lease certain property located within the City of La Quinta to the United States Postal Service; and WHEREAS, it is necessary for the Agency to provide additional property to the United States Postal Service to assist in the process of allowing modular buildings which will increase the capacity to process mail in La Quinta. AGREEMENTS In consideration of the payments to be made hereunder and the covenants and agreements contained herein, the parties hereto agree as follows: ARTICLE I. TERM OF LEASE 1.1 Premises. Lessor is currently the owner of that parcel of real property located in the City of La Quinta, legally described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Premises"). A site map of the premise is provided in Exhibit "B" attached hereto and incorporated herein by this reference. Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor the Premises upon the terms and conditions expressed herein. 1.2 Reservation. Lessor reserves to itself, its successors, and assigns, together with the right to grant and transfer all or a portion of the same, the non- exclusive right to enter upon the Premises in accordance with any rights of Lessor set forth in this Lease. 1.3 Exceptions to Leasehold Estate. This Lease is made subject to all covenants, conditions, restrictions, reservations, rights, rights -of -way, easements, and all other matters of record or apparent upon a visual inspection of the Premises affecting the Premises or the use thereof on the date this Lease is executed by Lessee. 1.4 Term. The term of this Lease shall be for two (2) years commencing on the execution date- by the Lessor. _ 540 CAMy Documents\WPDOCS\Agrmt - Post Office Ground Lease.doc 008 Lease Agreement Post Office Ground Lease ARTICLE II. DEVELOPMENT AND OWNERSHIP OF IMPROVEMENTS 2.1 Construction. Inspection by Lessor and Right to Improvements. Lessee shall construct or cause to be constructed the grading and paving of the Premises which improvements shall include the placement of three modular buildings on the site which shall be painted a sand or beige color and have a light -weight red barrel or "S" type the roofing material on a mansard roof, a living fence (chain link fence, without barb wire or similar material, and having planting material adjacent to the fence such as Bougainvillea so that the fence will in time be covered with plant material), asphalt parking lot, and landscape areas with an underground automatic irrigation system for the United States Postal Service use (the "Improvements"). The asphalt parking spaces shall be available for the La Quinta Arts Foundation Festival in March, lighting shall comply with the dark sky regulations, and the site restored at the end of the lease by the removal of the modular buildings and the living fence, and if desired by the Agency, the asphalt parking areas and the site restored to a grass field with an underground automatic irrigation system. Building permits shall be obtained and construction begun on the Improvements within two (2) months of the date of the execution of this Lease. Lessee covenants with Lessor that the Improvements shall be constructed in a good workmanlike manner according to and in conformity with plans and specifications to be submitted to lessor pursuant to Section 2.2 below and in compliance with all applicable municipal building and zoning laws and with all other laws, ordinances, orders, rules, regulations and requirements of federal, state and municipal governments and appropriate departments, commissions, boards and officers thereof. At all times during construction, and prior to completion, of the Improvements, Lessor shall have the right, after not less than twenty-four (24) hours notice to Lessee, to enter upon the Premises in the company of a representative of Lessee for the purpose of inspecting the same, provided that such entry and inspection shall not be unreasonably interfere with Lessee's construction of the Improvements. Any and all Improvements which are made by Lessee to the Premises shall be owned by Lessee during the Term but shall remain a part of the Premises and be surrendered therewith at the end of the Term or sooner termination of this Lease, at which time the same shall become the property of Lessor. 2.2 Site Plan. A building and parking lot site plan shall be submitted to the Agency staff for review and approval which shall include construction drawings for utilities, landscaping, fencing, parking lot paving, lighting, and irrigation system. All permits shall be obtained at the expense of the Lessee. ARTICLE Ill. RENT 3.1 Net Lease. It is the intent of the parties hereto that the rent provided herein shall be absolutely net to Lessor and that Lessee shall pay all costs, charges and expenses of every kind and nature against the Premises and any Improvements which may arise or become due during the Term and which, except for execution and deliver 4 1 hereof, would or could have been payable by Lessor. CAMy Documents\WPDOMAgnnnt - Post Office Ground Lease.doc 2 009 Lease Agreement Post Office Ground Lease 3.2 Minimum Rent. During the Term of this Lease, Lessee shall pay to Lessor a rent payment amount of,One Dollar ($1.00) per year for the first two years ("Base Rent") and if the renewal option is exercised, the rent shall be market rate. Rent for any period during the term hereof which is less than one year shall be a pro rata portion of the Base Rent. Rent shall be payable to Lessor at the address stated herein or to such other persons or at such other places as Lessor may designate in writing. ARTICLE IV. USE OF PREMISES AND COMPLIANCE OF LAW 4.1. Permitted Uses. The Premises shall be used and occupied, according to the lease approved on this date, for additional space for the United States Postal Service necessary in servicing the La Quinta service areas. 4.2 Compliance with Law. (a) Lessor warrants to Lessee that the Premises, in the state existing on the date that the Lease term commences, but without regard to the use for which Lessee will occupy the Premises, does not violate any covenants or restrictions of record, or any applicable building code, regulation or ordinance in effect on such Lease term commencement date. In the event it is determined that this warranty has been violated, then it shall be the obligation of the Lessor, after written notice from Lessee, to promptly, at Lessor's sole cost and expense, rectify any such violation. (b) Lessee, at Lessee's expense, shall promptly comply with all applicable statutes, ordinances, rules, regulations, orders, and requirements of all governmental authorities having jurisdiction affecting the Premises and Improvements or the cleanliness, safety, occupancy and use of same, whether or nor any such law, ordinance, order, rule or regulation or requirement in substantial, or foreseen or unforeseen, or ordinary or extraordinary or shall necessitate structural changes of the Improvements or interfere with the use and enjoyment of the Premises. 4.3 Nondiscrimination. 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 of any person or group of persons on account of race, color, creed, religion, sex, marital status, handicap, age, 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. V; 4 2 CAMy Documents\WPDOCS\Agrmt - Post Office Ground Lease.doc 3 010 Lease Agreement Post Office Ground Lease ARTICLE V. PAYMENT OF EXPENSES 5.1 Lessee shall pay all of the costs and expenses in the operation, management, and maintenance of the Improvements. Such expense shall include, without limitation, the following: (1) expenses incurred by Lessee for general maintenance, painting lighting, cleaning, trash removal, security, fire protection; and (ii) the actual cost of repairs to the Improvements. ARTICLE VI. MAINTENANCE OF THE PREMISES 6.1 Obligations for Maintenance. Lessee, at Lessee's expense without cost to Lessor, shall maintain in good order, condition, quality, and repair, the Improvements and every part thereof and any and all appurtenances thereto wherever located, and all other repairs, replacements, renewals and- restorations ordinary and extraordinary, foreseen and unforeseen. 6.2 Liens. Lessee shall keep the Premises, the Improvements, or any part thereof free from any and all liens arising out of any work performed, materials furnished or obligations incurred by or fore Lessee, and agrees to cause to be discharged any mechanic's or materialmen's lien of record within twenty (20) days after the lien has been filed or within ten (10) days after receipt of written request from Lessor, whichever shall be the sooner. ARTICLE VII. INSURANCE AND INDEMNITY 7.1 Liability Insurance. Lessor has existing insurance through a joint powers insurance authority which it shall keep in force during the term of this Lease. 7.2 Property Insurance. Lessor shall obtain and keep in force during the term of this Lease a policy or policies of insurance covering loss or damage to the Building, but not Lessee's personal property, fixtures, equipment or tenant improvements, in an amount not to exceed the full replacement value thereof, as the same may exist from time to time, providing protection against all perils including without the classification of fire, extended coverage, vandalism, malicious mischief, flood (in the event same is required by a lender having a lien on the Premises) special extended perils ("all risk", as such term is used in the insurance industry), plate glass insurance and such other insurance as Lessor deems advisable. In addition, Lessor shall obtain and keep in force, during the term of this Lease, a policy of rental value insurance covering a period of one year, with loss payable to Lessor, which insurance shall also cover all Operating Expenses for said period. 543 CAMv Documents\WPDOCS\Agrmt - Post Office Ground Lease.doc 4 011. Lease Agreement Post Office Ground Lease 7.3 Waiver of Subrogation. Lessee and Lessor each hereby release and relieve the other, and waive their entire right of recovery against the other for loss or damage arising out of or incident to the perils insured against which perils occur in, on or about the Premises, whether due to the negligence or Lessor or Lessee or their agents, employees, contractors and/or invitees. Lessee and Lessor shall, upon obtaining the policies of insurance required hereunder, give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation contained in this Lease. 7.4 Indemnity. Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee's use of the Premises, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any act or omission of Lessee, or any of Lessee's agents, contractors, or employees, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor and Lessor shall cooperate with Lessee in such defense. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon -or about the Premises arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor. ARTICLE Vlll. UTILITY CHARGES 8.1 Lessee shall pay all charges for gas, water, sewer, electricity, telephone and other utility services or franchise supplier sued on or in the Premises. If any such charges are not paid when due, Lessor may pay the same after giving Lessee fifteen (15) days prior written notice, and any amount so aid by Lessor shall thereupon become due to Lessor from Lessee as additional Rent. ARTICLE IX. ALTERATIONS AND ADDITIONS Without Lessor's prior written consent, which consent may be withheld or granted in Lessor's reasonable discretion, Lessee shall not have the right to make changes or alterations to the Improvements or the Premises, except on the following conditions: - 544 CAMy Documents\WPDOCS\Agrmt - Post Office Ground Lease.doc 5 012 Lease Agreement Post Office Ground Lease (a) Lessee shall not make any alterations, whether structural or non- structural, which will decrease the value of the Premises or the Improvements. If the cost of such changes or alterations to the Improvements or the Premises exceeds Five Thousand Dollars ($5,000), Lessee shall submit to Lessor plans and specifications for approval. (b) Before the commencement of any work, Lessee shall pay the amount of any increased premiums on insurance policies provided for hereunder; (c) Lessor shall in no event be required to make any alterations, rebuilding, replacement, changes, additions or Improvements or repairs to the Premises, except as specifically provided in this Lease; (d) All such changes, alterations, rebuilding, replacements, additions, improvements and repairs to the Premises made by Lessee shall be deemed to have attached to the realty and to have become the property of Lessor upon the expiration of the Term or upon sooner termination of this Lease. ARTICLE X. ASSIGNMENT AND SUBLETTING 10.1 Agency's Consent Required. Lessee agrees and covenants (which covenants shall be binding upon the heirs, executors, and administrators of Lessee) that Lessee shall not, assign, sell, encumber, pledge or otherwise transfer all or any part of Lessee's leasehold estate hereunder, without Lessor's prior written consent. No assignment, whether voluntary or involuntary, by operation of law, under legal process or proceedings, by receivership, in bankruptcy, or otherwise, and no subletting shall be valid or effective without such prior written consent, and at Lessor's election, shall constitute a default. 10.2 Lessee Remains Obligated. No subletting or assignment, even with the consent of Lessor, shall relieve Lessee of its obligation to pay Rent and all of its other obligations hereunder. The acceptance by Lessor of any payment due hereunder from any person or entity other than Lessee shall not be construed as a waiver by Lessor of any provision of this Lease or as a consent to any assignment or subletting. Consent by Lessor to an assignment of this lease or to a subletting of the Premises shall not operate as a waiver or estoppel to the future enforcement by Lessor of its rights pursuant to this Lease. ARTICLE XI. DEFAULT 1 1.1 Events of Default. The occurrence of any one or more of the following events shall constitute a material default of this Lease by Lessee: - 545 CAMy Documents\WPDOCS\Agrmt - Post Office Ground Lease.doc 6 013 Lease Agreement Post Office Ground Lease (a) The failure by Lessee to make any payment or rent or any other payment required to be made by Lessee hereunder, as and when due, where such failure shall continue for a period of fifteen (15) days after written notice thereof from Lessor to Lessee. (b) Except as otherwise provided in this Lease, the failure by Lessee to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by Lessee where such failure shall continue for a period of thirty (30) days after written notice thereof from Lessor to Lessee; provided, however, that if the nature of Lessee's noncompliance is such that more than thirty (30) days are reasonably required for its cure, then Lessee shall not be deemed to be in default if Lessee commenced such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. (c) The abandonment by Lessee of the Premises or a substantial portion thereof. 11.2 Remedies. In the event of any such material default by Lessee, Lessor may at any time thereafter, with or without notice or demand and without limiting Lessor in the exercise of any right or remedy which Lessor may have by reason of such default: (a) Terminate Lessee's right to possession of the Premises by any lawful means, in which case this Lease and the term hereof shall terminate and Lessee shall immediately surrender possession of the Premises to Lessor. In such event, Lessor shall be entitled to' recover from Lessee all damages incurred by Lessor by reason of Lessee's default including, but not limited to, the cost of recovering possession of the Premises; expenses of reletting, including necessary renovation and alteration of the Premises, reasonable attorney's fees, and any real estate commission actually paid; the worth at the time of award by the court having jurisdiction thereof of the amount by which the unpaid rent for the balance of the term after the time of such award exceeds the amount of such rental loss for the same period that Lessee proves could be reasonably avoided that portion of the leasing commission paid by Lessor applicable to the unexpired term of this Lease. (b) Maintain Lessee's right to possession in which case this Lease shall continue in effect whether or not Lessee shall have vacated or abandoned the Premises. In such event Lessor shall be entitled to enforce all Lessor's rights and remedies under this Lease, including the right to recover the rent as it becomes due hereunder. 546 CAMy Documents\WPDOCS\Agrmt - Post Office Ground Lease.doc 014 Lease Agreement Post Office Ground Lease (c) Pursue any other remedy now or hereafter available to Lessor under the laws or judicial decisions of the sate wherein the Premises are located. Unpaid installments of rent and other unpaid monetary obligations of Lessee under the terms of this Lease shall bear interest from the date due at the maximum rate then allowable by law. 1 1.3 Default by Lessor. Lessor shall not be in default unless Lessor fails to perform obligations required of the Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying wherein Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days are required for performance than Lessor shall not be in default if Lessor commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. 11.4 Remedies for Lessee. (a) In the event of a default by Lessor, Lessee may abate its rent due to recover any damages suffered as a result of the default. XII. HOLDING OVER This Lease shall terminate and become null and void without further notice upon the expiration of the Term herein specified and any holding over by Lessee after such expiration shall not constitute a renewal or extension hereof or give Lessee any rights under this Lease, except when in writing signed by both parties. XIII. ACCESS BY LESSOR In addition to the right of Lessor to reserve use of the Premises under Article IV, Section 4.1, Lessor and those agents, contractors, servants and employees of Lessor who are identified in writing to Lessee shall have the right, after reasonable notice to Lessee, to enter the Premises during normal business hours to examine the Premises, to perform any obligation of Lessor or to exercise any right or remedy reserved to Lessor in this Lease. ARTICLE XIV. RENEWAL OPTION 14.1 Option to Extend. Provided that Lessee is not otherwise in default under the terms of this Lease, Lessee may at Lessor's election, extend the term of this Lease by a One (1) year period. Such election shall be exercised by Lessee giving written 547 C:\My Documents\WPDOCS\Agrmt - Post Office Ground Lease.doc 8 015 5 Lease Agreement Post Office Ground Lease notice to Lessor of intent to do so no more than One (1) year, but no less than Six months (6) months, prior to the then scheduled expiration of the initial term of this Lease or any extension thereof. 14.2 Continuation of Terms. The terms and conditions of this Lease during any such extension, specifically including all obligations of the Lessor and Lessee hereunder, shall continue in full force and effect except as may be expressly modified by subsequent written mutual agreement of Lessor and Lessee. ARTICLE XV. MISCELLANEOUS 15.1 Waiver. The waiver by either Lessor or Lessee of any breach of any term, condition or covenant contained herein shall not be deemed a waiver of such term, condition or covenant or any subsequent breach of the same or any other term, condition or covenant contained herein. 15.2 Notices. All notices, demands or other writings to be made, given or sent hereunder, or which may be so given or made or sent by either Lessor or Lessee to the other shall be deemed to have been given when in writing and personally delivered or if mailed on the third (3rd) day after being deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective parties at their addresses set forth below: To Lessor: To Lessee: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, CA 92253 Contracting Officer Pacific Facilities Service Office 395 Oyster Point Boulevard, Suite 225 South San Francisco, CA 94099-0300 15.3 Relationship of Parties. Nothing contained herein shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that neither the method of computation of rent, nor any other provision contained herein, nor any acts of the parties herein, shall be deemed to create any relationship between the parties hereto other than the relationship of Lessor and Lessee. Nor shall anything herein be deemed or construed to imply financial support for Lessee's operation apart from the provisions of this Lease. 548 CAMy Documents\WPDOCS\Agrmt - Post Office Ground Lease.doc 9 016 Lease Agreement Post Office Ground Lease 15.4 Time of Essence. Time is hereby expressly declared to be of the essence of this Lease and of each and every term, covenant and condition hereof which relates to a date or period of time. 15.5 Remedies Cumulative. The remedies herein given to Lessor and Lessee shall be cumulative and are given without impairing any other rights or remedies given Lessor and Lessee by statute or law nor existing or hereafter enacted, and the exercise of any one (1) remedy by Lessor or Lessee shall not exclude the exercise of any other remedy. 15.6 Effect of Invalidity. If any term or provision of this Lease or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of its terms and provisions to persons and circumstances other than those to which it has been held invalid or unenforceable shall not be affected thereby, and each term and provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. No acquisition by Lessor of all or any of the interest of Lessee in or to the Premises or the Improvements, and no acquisition by Lessee of all or any interest of Lessor in or to the Premises shall constitute or work a merger of the respective interest, unless expressly provided for. 15.7 Successors and Assigns. This Lease and the covenants and conditions contained herein shall be binding upon and inure to the benefit of and shall apply to the successors and assigns of Lessor and to the permitted successors and assigns of Lessee and all references in this Lease to "Lessee" or "Lessor" shall be deemed to refer to and include all permitted successors and assigns of such party. 15.8 Entire Agreement. This Lease contains the entire agreement of Lessor and Lessee with respect to the matters covered hereby, and no other agreement, statement of promise made by either Lessor or Lessee which is not contained herein, shall be valid or binding. No prior agreement, understanding or representation pertaining to any such matter shall be effective for any purpose. No provision of this Lease may be amended or added to except by an agreement in writing signed by Lessor and Lessee. 15.9 Execution of Lease: No Option. The submission of this Lease to Lessee shall be for examination purposes only, and does not and shall not constitute a reservation of or option for Lessee to lease, or otherwise create any interest by Lessee in the Premises. Execution of this Lease by Lessee and return to Lessor shall not be binding upon Lessor notwithstanding any tie interval, until Lessor has in fact executed and delivered this Lease to Lessee. C:\My Documents\WPDOCS\Agrmt - Post Office Ground Lease.doc 10 549 017 Lease Agreement Post Office Ground Lease 15.10 Corporate Authority. Each individual executing this Lease on behalf of a corporation, nonprofit corporation, partnership or other entity or organization, represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of said corporation, partnership, entity or organization and that this Lease is binding upon same in accordance with its terms. 1 5.1 1 Controlling Law. This Lease shall be governed by and construed in accordance with the federal law. '15.12 Specific Performance. Nothing contained in this Lease shall be construed as or shall have the effect of abridging the right of either Lessor or Lessee to obtain specific performance of any and all of the covenants or obligations of the other party under this Lease. 15.13 Amendments. Attached hereto and made a part hereof are the United States Postal Service General Conditions to USPS Lease. The terms of this lease shall not be waived, altered, modified, supplemented or amended in any manner whatsoever except by written instrument signed by the Agency or their successors in interest. 15.14 Survival of Indemnities and Warranties. The obligations of the indemnifying party under each and every indemnification and hold harmless provision contained in this Lease shall survive the expiration or earlier termination of this Lease to and until the last to occur of (a) the last date permitted by law for the bringing of any claim or action with respect to which indemnification may be claimed by the indemnified party against the indemnifying party under such provision or (b) the date on which any claim or action for which indemnification may be claimed under such provision is fully and finally resolved, and, if applicable, any compromise thereof or judgment or award thereon -is paid in full by the indemnifying party and the indemnified party is reimbursed by the indemnifying party for any amounts paid by the indemnified party n compromise thereof or upon judgment or award thereon and in defense of such action or claim, including reasonable attorneys' fees incurred. The representations, warranties, and covenants of the parties contained herein shall survive the termination of this Lease without regard to any investigation made by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above written. LESSOR: RON PERKINS, Chairman 550 La Quinta Redevelopment Agency C:\My Documents\WPDOCS\Agrmt - Post Office Ground Lease.doc 11 018 Lease Agreement Post Office Ground Lease ATTEST: REGENIA HENSLEY, Deputy City Clerk La Quinta Redevelopment Agency APPROVED AS TO FORM: DAWN C. HONEYWELL, Agency Counsel La Quinta Redevelopment Agency LESSEE: UNITED STATES POSTAL SERVICE By: Its: 55 !. CAMv Documents\WPDOCS\Agrmt - Post Office Ground Lease.doc 12 019 EXHIBIT A LEASE AGREEMENT THIS LEASE AGREEMENT (the "Lease") is entered into this _ day of , 1999, by and between the La Quinta Redevelopment Agency, a public body corporate and politic ("Lessor" or "Agency") and the United States Postal Service ("Lessee"). RECITALS WHEREAS, the Lessor and Lessee desire to enter into this Lease Agreement to enable the Agency to lease' certain property located within the City of La Quinta to the United States Postal Service; and WHEREAS, it is necessary for the Agency to provide additional property to the United States Postal Service to assist in the process of allowing modular buildings which will increase the capacity to process mail in La Quinta. AGREEMENTS In consideration of the payments to be made hereunder and the covenants and agreements contained herein, the parties hereto agree as follows: ARTICLE I. TERM OF LEASE 1.1 Premises. Lessor is currently the owner of that parcel of real property located in the City of La Quinta, legally described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Premises"). A site map of the premise is provided in Exhibit "B" attached hereto and incorporated herein by this reference. Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor the Premises upon the terms and conditions expressed herein. 1.2 Reservation. Lessor reserves to itself, its successors, and assigns, together with the right to grant and transfer all or a portion of the same, the non- exclusive right to enter upon the Premises in accordance with any rights of Lessor set forth in this Lease. 1.3 Exceptions to Leasehold Estate. This Lease is made subject to all covenants, conditions, restrictions, reservations, rights, rights -of -way, easements, and all other matters of record or apparent upon a visual inspection of the Premises affecting the Premises or the use thereof on the date this Lease is executed by Lessee. 1.4 Term. The term of this Lease shall be for two (2) years commencing on the execution date by the Lessor. CAMY DOCUMENTS\WPDOCS\AGRMT - POST OFFICE GROUND LEASE.DOC 552 Lease Agreement Post Office Ground Lease ARTICLE II. DEVELOPMENT AND OWNERSHIP OF IMPROVEMENTS 2.1 Construction, Inspection by Lessor and Right to Improvements. Lessee shall construct or cause to be constructed the grading and paving of the Premises which improvements shall include the placement of three modular buildings on the site which shall be painted a sand or beige color and have a light -weight red barrel or "S" type the roofing material on a mansard roof, a living fence (chain link fence, without barb wire or similar material, and having living plants, 15 gallon containers on three foot centers adjacent to the fence, such as Bougainvillea so the fence will in time, be covered with plant material), asphalt parking lot, and landscape areas with an underground automatic irrigation system for the United States Postal Service use (the "Improvements"). The asphalt parking spaces shall be available for the La Quinta Arts Foundation Festival in March, lighting shall comply with the "Dark Sky" regulations, and the site restored at the end of the lease by the removal of the modular buildings and the living fence, and if desired by the Agency, the asphalt parking areas shall be removed and the site restored to its original condition to include a grass field with an underground automatic irrigation system. Building permits shall be obtained and construction begun on thq Improvements within two (2) months of the date of the execution of this Lease. Lessee covenants with Lessor that the Improvements shall be constructed in a good workmanlike manner according to and in conformity with plans and specifications to be submitted to lessor pursuant to Section 2.2 below and in compliance with all applicable municipal building and zoning laws and with all other laws, ordinances, orders, rules, regulations and requirements of federal, state and municipal governments and appropriate departments, commissions, boards and officers thereof. At all times during construction, and prior to completion, of the Improvements, Lessor shall have the right, after not less than twenty-four (24) hours notice to Lessee, to enter upon the Premises in the company of a representative of Lessee for the purpose of inspecting the same, provided that such entry and inspection shall not be unreasonably interfere with Lessee's construction of the Improvements. Any and all Improvements which are made by Lessee to the Premises shall be owned by Lessee during the Term but shall remain a part of the Premises and be surrendered therewith at the end of the Term or sooner termination of this Lease, at which time the same shall become the property of Lessor, unless the Lessor requires the improvements removed per the above -noted provisions. 2.2 Site Plan. The building elevations, parking lot and landscaping site plan shall be submitted to the Agency staff for review and approval which shall include construction drawings for utilities, landscaping, fencing, parking lot paving, lighting, and irrigation system. All permits shall be obtained at the expense of the Lessee. ARTICLE III. RENT 3.1 Net Lease. It is the intent of the parties hereto that the rent provided herein shall be absolutely net to Lessor and that Lessee shall pay all costs, charges and CAMY DOCUMENTS\WPDOCS\AGRMT - POST OFFICE GROUND-LEASE.DOC 553 Lease Agreement Post Office Ground Lease expenses of every kind and nature against the Premises and any Improvements which may arise or become due during the Term and which, except for execution and delivery hereof, would or could have been payable by Lessor. 3.2 Minimum Rent. During the Term of this Lease, Lessee shall pay to Lessor a rent payment amount of One Dollar ($1.00) per year for the first two years ("Base Rent") and if the renewal option .is exercised, the rent shall be market rate. Rent for any period during the term hereof which is less than one year shall be a pro rata portion of the Base Rent. Rent shall be payable to Lessor at the address stated herein or to such other persons or at such other places as Lessor may designate in writing. ARTICLE IV. USE OF PREMISES AND COMPLIANCE OF LAW 4.1 . Permitted Uses. The Premises shall be used and occupied, according to the lease approved on this date, for additional space for the United States Postal Service necessary in servicing the La Quinta service areas. 4.2 Compliance with Law. (a) Lessor warrants to Lessee that the Premises, in the state existing on the date that the Lease term commences, but without regard to the use for which Lessee will occupy the Premises, does not violate any covenants or restrictions of record, or any applicable building code, regulation or ordinance in effect on such Lease term commencement date. In the event it is determined that this warranty has been violated, then it shall be the obligation of the Lessor, after written notice from Lessee, to promptly, at Lessor's sole cost and expense, rectify any such violation. (b) Lessee, at Lessee's expense, shall promptly comply with all applicable statutes, ordinances, rules, regulations, orders, and requirements of all governmental authorities having jurisdiction affecting the Premises and Improvements or the cleanliness, safety, occupancy and use of same, whether or nor any such law, ordinance, order, rule or regulation or requirement in substantial, or foreseen or unforeseen, or ordinary or extraordinary or shall necessitate structural changes of the Improvements or interfere with the use and enjoyment of the Premises. 4.3 Nondiscrimination. 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 of any person or group of persons on account of race, color, creed, religion, sex, marital status, handicap, age, 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 CAMY DOCUMENTS\WPDOCS\AGRMT - POST OFFICE GROUNE3LEASE.DOC 554 Lease Agreement Post Office Ground Lease 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. ARTICLE V. PAYMENT OF EXPENSES 5.1 Lessee shall pay all of the costs and expenses in the operation, management, and maintenance of the Improvements. Such expense shall include, without limitation, the following: (1) expenses incurred by Lessee for general maintenance, painting lighting, cleaning, trash removal, security, fire protection; and (ii) the actual cost of repairs to the Improvements. ARTICLE VI. MAINTENANCE OF THE PREMISES 6.1 Obligations for Maintenance. Lessee, at Lessee's expense without cost to Lessor, shall maintain in good order, condition, quality, and repair, the Improvements and every part thereof and any and all appurtenances thereto wherever located, and all other repairs, replacements, renewals and restorations ordinary and extraordinary, foreseen and unforeseen. 6.2 Liens. Lessee shall keep the Premises, the Improvements, or any part thereof free from any and all liens arising out of any work performed, materials furnished or obligations incurred by or fore Lessee, and agrees to cause to be discharged any mechanic's or materialmen's lien of record within twenty (20) days after the lien has been filed or within ten (10) days after receipt of written request from Lessor, whichever shall be the sooner. ARTICLE VII. INSURANCE AND INDEMNITY 7.1 Liability and Property Insurance. Lessee has reported that it is self insured for both liability claims and property damages. 7.2 Waiver of Subrogation. Lessee and Lessor each hereby release and relieve the other, and waive their entire right of recovery against the other for loss or damage arising out of or incident to the perils insured against which perils occur in, on or about the Premises, whether due to the negligence or Lessor or Lessee or their agents, employees, contractors and/or invitees. Lessee and Lessor shall, upon obtaining the policies of insurance required hereunder, give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation contained in this Lease. CAMY DOCUMENTS\WPDOCS\AGRMT - POST OFFICE GROUN14LEASE.DOC 555 Lease Agreement Post Office Ground Lease 7.3 Indemnity. Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee's use of the Premises, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any act or omission of Lessee, or any of Lessee's agents, contractors, or employees, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor and Lessor shall cooperate with Lessee in such defense. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor. ARTICLE Vlll. UTILITY CHARGES 8.1 Lessee shall pay all charges for gas, water, sewer, electricity, telephone and other utility services or franchise supplier sued on or in the Premises. If any such charges are not paid when due, Lessor may pay the same after giving Lessee fifteen (15) days prior written notice, and any amount so aid by Lessor shall thereupon become due to Lessor from Lessee as additional Rent. ARTICLE IX. ALTERATIONS AND ADDITIONS 9.1 Without Lessor's prior written consent, which consent may be withheld or granted in Lessor's reasonable discretion, Lessee shall not have the right to make changes or alterations to the Improvements or the Premises, except on the following conditions: (a) Lessee shall not make any alterations, whether structural or non- structural, which will decrease the value of the Premises or the Improvements. If the cost of such changes or alterations to the Improvements or the Premises exceeds Five Thousand Dollars ($5,000), Lessee shall submit to Lessor plans and specifications for approval. (b) Lessor shall in no event be required to make any alterations, rebuilding, . replacement, changes, additions or Improvements or repairs to the Premises, except as specifically provided in this Lease; 5 556 C:\MY DOCUMENTS\WPDOCS\AGRMT - POST OFFICE GROUND LEASE.DOC Lease Agreement Post Office Ground Lease (c) All such changes, alterations, rebuilding, replacements, additions, improvements and repairs to the Premises made by Lessee shall be deemed to have attached to the realty and to have become the property of Lessor upon the expiration of the Term or upon sooner termination of this Lease. ARTICLE X. ASSIGNMENT AND SUBLETTING 10.1 Agency's Consent Required. Lessee agrees and covenants (which covenants shall be binding upon the heirs, executors, and administrators of Lessee) that Lessee shall not, assign, sell, encumber, pledge or otherwise transfer all or any part of Lessee's leasehold estate hereunder, without Lessor's prior written consent. No assignment, whether voluntary or involuntary, by operation of law, under legal process or proceedings, by receivership, in bankruptcy, or otherwise, and no subletting shall be valid or effective without such prior written consent, and at Lessor's election, shall constitute a default. 10.2 Lessee Remains Obligated. No subletting or assignment, even with the consent of Lessor, shall relieve Lessee of its obligation to pay Rent and all of its other obligations hereunder. The acceptance by Lessor of any payment due hereunder from any person or entity other -than Lessee shall not be construed as a waiver by Lessor of any provision of this Lease or as a consent to any assignment or subletting. Consent by Lessor to an assignment of this lease or to a subletting of the Premises shall not operate as a waiver or estoppel to the future enforcement by Lessor of its rights pursuant to this Lease. ARTICLE XI. DEFAULT 11.1 Events of Default. The occurrence of any one or more of the following events shall constitute a material default of this Lease by Lessee: (a) The failure by Lessee to make any payment or rent or any other payment required to be made by Lessee hereunder, as and when due, where such failure shall continue for a period of fifteen (15) days after written notice thereof from Lessor to Lessee. (b) Except as otherwise provided in this Lease, the failure by Lessee to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by Lessee where such failure shall continue for a period of thirty (30) days after written notice thereof from Lessor to Lessee; provided, however, that if the nature of Lessee's noncompliance is such that more than thirty (30) days are reasonably required for its cure, then Lessee shall not be deemed to be in default if Lessee commenced such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. CAMY DOCUMENTS\WPDOCS\AGRMT - POST OFFICE GROUN&LEASE.DOC - 557 Lease Agreement Post Office Ground Lease (c) The abandonment by Lessee of the Premises or a substantial portion thereof. 11.2 Remedies. In the event of any such material default by Lessee, Lessor may at any time thereafter, with or without notice or demand and without limiting Lessor in the exercise of any right or remedy which Lessor may have by reason of such default: (a) Terminate Lessee's right to possession of the Premises by any lawful means, in which case this Lease and the term hereof shall terminate and Lessee shall immediately surrender possession of the Premises to Lessor. In such event, Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's default including, but not limited to, the cost of recovering possession of the Premises; expenses of reletting, including necessary renovation and alteration of the Premises, reasonable attorney's fees, and any real estate commission actually paid; the worth at the time of award by the court having jurisdiction thereof of the amount by which the unpaid rent for the balance of the term after the time of such award exceeds the amount of such rental loss for the same period that Lessee proves could be reasonably avoided that portion of the leasing commission paid by Lessor applicable to the unexpired term of this Lease. (b) Maintain Lessee's right to possession in which case this Lease shall continue in effect whether or not Lessee shall have vacated or abandoned the Premises. In such event Lessor shall be entitled to enforce all Lessor's rights and remedies under this Lease, including the right to recover the rent as it becomes due hereunder. (c) Pursue any other remedy now or hereafter available to Lessor under the laws or judicial decisions of the state wherein the Premises are located. 11.3 Default by Lessor. Lessor shall not be in default unless Lessor fails to perform obligations required of the Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying wherein Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days are required for performance than Lessor shall not be in default if Lessor commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. 1 1 .4 Remedies for Lessee. 558 C:\MY DOCUMENTS\WPDOCS\AGRMT - POST OFFICE GROUND �LEASE.DOC Lease Agreement Post Office Ground Lease (a) In the event of a default by Lessor, Lessee may abate its rent due to recover any damages suffered as a result of the default. XII. HOLDING OVER This Lease shall terminate and become null and void without further notice upon the expiration of the Term herein specified and any holding over by Lessee after such expiration shall not constitute a renewal or extension hereof or give Lessee any rights under this Lease, except when in writing signed by both parties. XIII. ACCESS BY LESSOR In addition to the right of Lessor to reserve use of the Premises under Article IV, Section 4.1, Lessor and those agents, contractors, servants and employees of Lessor who are identified in writing to Lessee shall have the right, after reasonable notice to Lessee, to enter the Premises during normal business hours to examine the Premises, to perform any obligation of Lessor or to exercise any right or remedy reserved to Lessor in this Lease. ARTICLE XIV. RENEWAL OPTION 14.1 Option to Extend. Provided that Lessee is not otherwise in default under the terms of this Lease, Lessee may at Lessor's election, extend the term of this Lease by a One (1) year period. Such election shall be exercised by Lessee giving written notice to Lessor of intent to do so no more than One (1) year, but no less than Six months (6) months, prior to the then scheduled expiration of the initial term of this Lease or any extension thereof. 14.2 Continuation of Terms. The terms and conditions of this Lease during any such extension, specifically including all obligations of the Lessor and Lessee hereunder, shall continue in full force and effect except as may be expressly modified by subsequent written mutual agreement of Lessor and Lessee. ARTICLE XV. MISCELLANEOUS 15.1 Waiver. The waiver by either Lessor or Lessee of any breach of any term, condition or covenant contained herein shall not be deemed a waiver of such term, condition or covenant or any subsequent breach of the same or any other term, condition or covenant contained herein. 15.2 Notices. All notices, demands or other writings to be made, given or sent hereunder, or which may be so given or made or sent by either Lessor or Lessee to the other shall be deemed to have been given when in writing and personally delivered or 8 - 559 C:\MY DOCUMENTS\WPDOCS\AGRMT - POST OFFICE GROUND LEASE.DOC Lease Agreement Post Office Ground Lease if mailed on the third (3rd) day after being deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective parties at their addresses set forth below: To Lessor: To Lessee: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, CA 92253 Contracting Officer Pacific Facilities Service Office 395 Oyster Point Boulevard, Suite 225 South San Francisco, CA 94099-0300 15.3 Relationship of Parties. Nothing contained herein shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that neither the method of computation of rent, nor any other provision contained herein, nor any acts of the parties herein, shall be deemed to create any relationship between the parties hereto other than the relationship of Lessor and Lessee. Nor shall anything herein be deemed or construed to imply financial support for Lessee's operation apart from the provisions of this Lease. 15.4 Time of Essence. Time is hereby expressly declared to be of the essence of this Lease and of each and every term, covenant and condition hereof which relates to a date or period of time. 15.5 Remedies Cumulative. The remedies herein given to Lessor and Lessee shall be cumulative and are given without impairing any other rights or remedies given Lessor and Lessee by statute or law nor existing or hereafter enacted, and the exercise of any one (1) remedy by L' essor or Lessee shall not exclude the exercise of any other remedy. 15.6 Effect of Invalidity. If any term or provision of this Lease or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of its terms and provisions to persons and circumstances other than those to which it has been held invalid or unenforceable shall not be affected thereby, and each term and provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. No acquisition by Lessor of all or any of the interest of Lessee in or to the Premises or the Improvements, and no acquisition by Lessee of all or any interest of Lessor in or to the Premises shall constitute or work a merger of the respective interest, unless expressly 9. C:\MY DOCUMENTS\WPDOCS\AGRMT - POST OFFICE GROUND LEASE.DOC Lease Agreement Post Office Ground Lease provided for. 15.7 Successors and Assigns. This Lease and the covenants and conditions contained herein shall be binding upon and inure to the benefit of and shall apply to the successors and assigns of Lessor and to the permitted successors and assigns of Lessee and all references in' this Lease to "Lessee" or "Lessor" shall be deemed to refer to and include all permitted successors and assigns of such party. 15.8 Entire Agreement. This Lease contains the entire agreement of Lessor and Lessee with respect to the matters covered hereby, and no other agreement, statement of promise made by either Lessor or Lessee which is not contained herein, shall be valid or binding. No prior agreement, understanding or representation pertaining to any such matter shall be effective for any purpose. No provision of this Lease may be amended or added to except by an agreement in writing signed by Lessor and Lessee. 15.9 Execution of Lease; No Option. The submission of this Lease to Lessee shall be for examination purposes only, and does not and shall not constitute a reservation of or option for Lessee to lease, or otherwise create any interest by Lessee in the Premises. Execution of this Lease by Lessee and return to Lessor shall not be binding upon Lessor notwithstanding any tie interval, until Lessor has in fact executed and delivered this Lease to Lessee. 15.10 Corporate Authority. Each individual executing this Lease on behalf of a corporation, nonprofit corporation, partnership or other entity or organization, represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of said corporation, partnership, entity or organization and that this Lease is binding upon same in accordance with its terms. 15.11 Controlling Law. This Lease shall be governed by and construed in accordance with the federal law. 15.12 Specific Performance. Nothing contained in this Lease shall be construed as or shall have the effect of abridging the right of either Lessor or Lessee to obtain specific performance of any and all of the covenants or obligations of the other party under this Lease. 15.13 Amendments. Attached hereto and made a part hereof are the United States Postal Service General Conditions to USPS Lease. The terms of this lease shall not be waived, altered, modified, supplemented or amended in any manner whatsoever except by written instrument signed by the Agency or their successors in interest. io 561 C:\MY DOCUMENTS\WPDOCS\AGRMT -POST OFFICE GROUND LEASE.DOC Lease Agreement Post Office Ground Lease 15.14 Survival of Indemnities and Warranties. The obligations of the indemnifying party under each and every indemnification and hold harmless provision contained in this Lease shall survive the expiration or earlier termination of this Lease to and until the last to occur of (a) the last date permitted by law for the bringing of any claim or action with respect to which indemnification may be claimed by the indemnified party against the indemnifying party under such provision or (b) the date on which any claim or action for which indemnification may be claimed under such provision is fully and finally resolved, and, if applicable, any compromise thereof or judgment or award thereon is paid in full by the indemnifying party and the indemnified party is reimbursed by the indemnifying party for any amounts paid by the indemnified party n compromise thereof or upon judgment or award thereon and in defense of such action or claim, including reasonable attorneys' fees incurred. The representations, warranties, and covenants of the parties contained herein shall survive the termination of this Lease without regard to any investigation made by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above written. ATTEST: REGENIA HENSLEY, .Deputy City Clerk La Quinta Redevelopment Agency APPROVED AS TO FORM, DAWN C. HONEYWELL, Agency Counsel La Quinta Redevelopment Agency LESSOR: RON PERKINS, Chairman La Quinta Redevelopment Agency LESSEE: UNITED STATES POSTAL SERVICE 11 562 CAMY DOCUMENTS\WPDOCS\AGRMT - POST OFFICE GROUND LEASE.DOC Lease Agreement Post Office Ground Lease By: Its: 12 _ 563 C:\MY DOCUMENTS\WPDOCS\AGRMT - POST OFFICE GROUND LEASE.DOC T4ty,,, 4 4 Q" COUNCIL/RDA MEETING DATE: October 5, 1999 ITEM TITLE: Joint Public Hearing by and Between the City Council and Redevelopment Agency to consider the Conveyance of Three Well Site Properties from the Redevelopment Agency to the Coachella Valley Water District ("CVWD") AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 2 Adopt a Resolution of the City Council approving the conveyance of three well site properties from the Redevelopment Agency to CVWD. Total cost consists of land valued at $67,266. Two of the properties, valued at $47,638, are to replace sites previously received from CVWD. Netting the value of the properties received from CVWD against the value of these two replacement properties provides a net cost of zero (0). The third property, valued at $19,629, is being conveyed to fulfill a commitment to provide a well site property for the Miraflores Affordable Housing Project. None. In 1989 and 1992 the Coachella Valley Water District ("CVWD") granted two parcels of land to the City with the condition that the parcels be replaced with alternative parcels for use as well sites. The City used one of these sites for the re -alignment of Washington Street north of Avenue 47. The second site was used for the expansion of Fritz Burns Park. 564 S:\pwdept\CC Rpt-Well site convenancy.wpd On October 5,1998, the Agency approved two Affordable Housing Agreements with Catellus Residential Group Inc. ("Catellus") for the development of the Miraflores Affordable Housing Project. CVWD, as a condition of its approval of Miraflores and agreement to provide water and sewer services, has required a third well site. The "Summary Report," as required by the California Health Safety Code Section 33433, has been prepared and made available for public review (Attachment 1). CVWD has also required that the Miraflores well site be improved with site grading, eight foot high perimeter block walls, curbs and gutters, power, twelve inch minimum water pipelines, blow -off water drainage facilities, and access gates. The Agency's agreement with Catellus obligates the Agency to provide the land for this well site. The cost of the improvements will be paid from the Miraflores development budget. The other two well sites to complete the earlier trades, will be delivered by the Agency undeveloped. The three well sites are described as follows and illustrated on Attachment 2: 1. A 22,500 square foot site located on the south side of Miles Avenue approximately 1 /4 mile west of Adams Street; 2. A 25,500 square foot site located on the east side of Adams Street approximately 1 /8 mile north of Westward Ho Drive; and 3. A 22,500 square foot site located on the north side of Avenue 48 approximately 3/8 mile east of Adams Street. This site will receive the improvements to satisfy the Miraflores condition. The granting of these three sites to the CVWD will fulfill the City and Agency's obligations to CVWD to replace the sites used for the Washington Street and Fritz Burns Park improvements and provide a partially completed well site as required for the Miraflores project. To deny the request would delay the transfer of the Miraflores well site, with completed improvements, to the CVWD. This delay could: 1. Cause CVWD to delay providing sewer and water service to the Miraflores models and completed houses; 2. Prevent Catellus from being able to close escrow for potential homebuyers; or 3. Adversely impact the economic viability of the Miraflores project. 565 S:\pwdept\CC Rpt-Well site convenancympd The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the conveyance of three well site properties from the Redevelopment Agency to CVWD; or 2. Do not adopt a Resolution of the City Council approving the conveyance of three well site properties from the Redevelopment Agency to CVWD; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogt, ublic Works Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Section 33433 "Summary Report" 2. Well Site Location Exhibit S:\pwdept\CC Rpt-Well site convenancy.wpd U RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING AND AUTHORIZING THE TRANSFER OF PROPERTY FROM THE LA QUINTA REDEVELOPMENT AGENCY TO THE COACHELLA VALLEY WATER DISTRICT AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, the La Quinta Redevelopment Agency (the "Agency") is engaged in activities necessary to carry out and implement the Redevelopment Plan (the "Redevelopment Plan") for La Quinta Redevelopment Project Area No. 2 (the "Project" or the "Project Area"); and, WHEREAS, in order to carry out and implement such Redevelopment Plan the Agency proposes to Transfer the properties specific in Exhibit "A" to CVWD for purposes of constructing future well sites which will allow the continued development of Agency projects; and, WHEREAS, pursuant to Section 33433 of the Community Redevelopment Law, California Health and Safety Code Section 33000, et seq., (the "Community Redevelopment Law") the Agency is authorized, with the approval of the City Council, after a duly noticed public hearing, to Transfer the Site for development pursuant to the Redevelopment Plan upon a determination by the City Council that the Transfer of the property will assist in the elimination of blight and that the consideration for such Transfer is not less than either the fair market value or fair reuse value of the Site in accordance with the covenants and conditions governing the Transfer and the development costs required thereof; and, WHEREAS, Section 33445 of the Community Redevelopment Law provides that with the consent of the City Council the Agency may pay all or part of the value of the land for and the cost of the installation and construction of any building, facility, structure, or other improvement which is publicly owned either within or without of the Project Area if the City Council determines that the buildings, facilities, structures, or other improvements are of benefit to the Project Area or the immediate neighborhood in which the project is located, that no other reasonable means of financing the buildings, facilities, structures or other improvements are available to the community and that the payment of funds for the acquisition of land or the cost of buildings, facilities, structures, or other improvements will assist in the elimination of one or more blighting conditions inside the Project Area; and, WHEREAS, the water wells that will be eventually built by CVWD will provide necessary public facilities in the Project Area; and, 567 CAMy Documents\WPDOCS\resoCC-well site conveyance.wpd 004 City Council Resolution 99- Well Site Conveyance WHEREAS, a joint public hearing of the Redevelopment Agency and City Council on the proposed Transfer was duly noticed in accordance with the requirements of Section 33433 of the Community Redevelopment Law; and, WHEREAS, the proposed Transfer, and a Summary Report meeting the requirements of Section 33433 of the Community Redevelopment Law, were available for public inspection consistent with the requirements of Section 33433 of the Community Redevelopment Law; and, WHEREAS, on the 6th day of October, 1999, the Agency and City Council did hold a joint public hearing on the proposed Transfer, at which time the City Council reviewed and evaluated all of the information, testimony, and evidence presented during the public hearing; and, WHEREAS, all actions required by all applicable law with respect to the proposed Transfer have been taken in an appropriate and timely manner; and, WHEREAS, the Redevelopment Agency has reviewed the Summary required pursuant to Section 33433 of the Community Redevelopment Law and has evaluated any and all other information pertaining to the findings required pursuant thereto; and, WHEREAS, the proposed development of the properties have been previously evaluated by CVWD as the Lead Agency, pursuant to the California Environmental Quality Act ("CEQA"), and no environmental impacts have been found and it further is exempt under Section 15303 of the CEQA Guidelines; and, WHEREAS, the Redevelopment Agency has duly considered all terms and conditions of the proposed Transfer and believes it is in the best interests of the City of La Quinta 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. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La Quinta as follows: Section 1. The City Council finds and determines that, based upon substantial evidence provided in the record before it, the consideration for the Council's disposition of the properties identified in Exhibit "A" pursuant to the terms and conditions of the Transfer is not less than fair reuse value in accordance with the covenants and conditions governing the Transfer, and the development costs required under the Transfer. Section 2. The City Council hereby finds and determines that the Transfer of the properties are consistent with the implementation plan adopted pursuant to Health and Safety Code Section 33490. 568 CAMy Documents\WPDOCS\resoCC-well site conveyance.wpd 005 City Council Resolution 99- Well Site Conveyance Section 3. The project is exempt from CEQA under Section 15303. Section 4. The City Council hereby approves the execution of the Transfer. Section 5. The City Clerk shall certify to the adoption of this Resolution in the manner required by law. PASSED, APPROVED, AND ADOPTED this 5th day of October, 1999, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JOHN PENA, Mayor City of La Quinta, California ATTEST: REGENIA HENSLEY, Deputy City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California CAMy Documents\WPDOCS\resoCC-well site conveyance.wpd 569 006 EXHIBIT A PROPOSED CVWD WELLSITES Y FRRD WMI" DRRIR b-d WL" AVL O ❑ O ' ❑ VIUMARD NO DR. O 00 0 00 00 0 0- H��AY 111 O AV" 570 007 ATTACHMENT 1 SUMMARY REPORT FOR THE CONVEYANCE OF THREE WELL SITES AMONG THE LA QUINTA REDEVELOPMENT AGENCY THE CITY OF LA QUINTA AND THE COACHELLA VALLEY WATER DISTRICT October 5, 1999 INTRODUCTION This document is the Summary Report ("Report") for a proposed conveyance of three (3) well sites ("Conveyance") involving the La Quinta Redevelopment Agency ("Agency"), the City of La Quinta ("City"), and the Coachella Valley Water District ("CVWD"). The purpose of the Conveyance is to fulfill previous land dedication commitments by the City and Agency to CVWD whereby the City received two well sites from CVWD in exchange for two well sites the City would grant to CVWD. The third well site is being granted to fulfill a commitment by the Agency associated with the Agency's Miraflores affordable housing project to provide a well site to CVWD. The commitment is a condition of CVWD's approval of and agreement to provide water and sewer service to the Miraflores project, which is located at Avenue 48 and Jefferson Street. The Agency's agreement with the developer of Miraflores, Catellus Residential Group Inc. ("Catellus"), obligates the Agency to provide this third well site. This Report has been prepared pursuant to Section 33433 of the California Health Safety Code ("Law") and presents the following: • The reason for the Conveyance. • The cost of the Conveyance to the Agency; the estimated value of the interest to be conveyed, determined at the highest and best uses permitted by the Agency's Redevelopment Plan; and the estimated value of the interest to be conveyed, determined at the use with the conditions, covenants, and development costs required by the Conveyance. • An explanation of why the Conveyance will eliminate blight. THE CONVEYANCE In 1989 and 1992 the City received two parcels of land from the CVWD. The first parcel was used by the City to re -align Washington Street north of Via Marquessa. The second parcel was used by the City to expand Fritz Burns Park. A condition of CAMy Documents\WPDOCS\Summary Rpt - Wellsite.doc 571 009 With regards to the Agency providing Site #1 as consideration for a benefit previously received by the City, namely land to improve Washington Street and Avenue 47, the upgrading of infrastructure within the redevelopment area is an objective of the Agency through the redevelopment plan. The Agency is authorized to install and construct, or cause to be installed or constructed, the public improvements and public utilities necessary to carry out the purposes of the redevelopment plan. The redevelopment plan also provides for the Agency to cooperate with public bodies in implementing the plan and may assist public entities in the cost of land and improvements which are of benefit to the overall redevelopment project. The transfer of the Agency sites to CVWD to facilitate the re -alignment of Washington Street, as well as cooperate in upgrading the local water infrastructure, is therefore within the scope of its authority. With regards to Site #3, it is being provided on behalf of the Miraflores project in lieu of providing a well site within the boundaries of the Miraflores development. By agreeing to an off site location for this water well, more land is available within the Miraflores project for the development of affordable housing, which increases the value of the Miraflores project. The Miraflores land at Avenue 48 and Jefferson Street has been contributed to by the Agency as part of its investment in the Miraflores project and has been allocated a value of $1.27 per square foot in that project. If the third well site had remained within the Miraflores project, it would have been allocated a value of $28,575. However, since the site would need to be dedicated to well use, it would not have any value to anyone other than CVWD because the property could not be used for another revenue producing use. By replacing it with Site #3, valued at $19,628 or $8,947 less than a Miraflores site, the Agency conserves capital and provides additional housing in the Miraflores project. Catellus, through the existing Miraflores Affordable Housing Agreement, will be completing improvements to Site #3 costing an estimated $82,000. These improvements consist of site grading, 8 foot high perimeter block walls, curbs and gutters, power, 12 inch minimum water pipelines, blow -off water drainage facilities, and access gates. AN EXPLANATION OF WHY THE CONVEYANCE WILL ASSIST IN THE ELIMINATION OF BLIGHT The Conveyance Property is located in La Quinta Redevelopment Project No. 2. When the Project was adopted street and infrastructure deficiencies were identified as conditions of blight. In particular, street capacity improvements to Washington Street was specifically listed. Thus, the Conveyance will complete obligations which have facilitated blight elimination by accommodating improvements to Washington Street, and upgrading area -wide infrastructure in the areas of water system and park improvements. By facilitating the development of the Miraflores project, the Conveyance will also assist that project in upgrading street and utility infrastructure improvements in the area of Avenue 48 and Jefferson Street, and provide new housing meeting current code requirements on property which previously was not economically viable. 57? CAMy Documents\WPDOCS\Summary Rpt - Wellsite.doc i," 10 CVWD's granting of these parcels, was that the City provide replacement parcels to CVWD, to be used for water well sites. In addition to replacing these two parcels, CVWD has required the Miraflores project to provide a partially developed well site as a condition of its approval of, and agreement to provide sewer and water service. The Agency's agreements with Catellus require the Agency to provide the land for this third well site, with the improvement cost funded from the Miraflores development budget. The City, Agency and CVWD have agreed upon three sites currently owned by the Agency. The first site is located on the south side of Miles Avenue approximately one quarter mile west of Adams Street ("Site #1 "), the second site is located on the east side of Adams Street approximately one eighth mile north of Westward Ho Drive ("Site #2" ), and the third site is located on the north side of Avenue 48 approximately three eighths of a mile east of Adams Street ("Site #31(collectively, the "Conveyance Property"). Site #3 will be the one partially improved by Catellus to fulfill the conditions for the Miraflores project. Sites # 1 and #3 are 22,500 square feet, Site #2 is 25,500 square feet. Catellus is in the process of finalizing bids to construct the CVWD required improvements to Site #3. Site #1 and Site #2 will be conveyed to CVWD in an unimproved condition. CVWD has requested the third site, with the required improvements completed, be conveyed to them by the end of September to maintain the Miraflores development schedule. Improvements will take approximately four to six weeks to complete resulting in the earliest possible completion date of October 1999. CVWD will be requested to provide latitude on this date in order to provide water and sewer service to the Miraflores single family detached models, which are scheduled to open by September 18, 1999. THE COST OF THE CONVEYANCE TO THE AGENCY AND THE ESTIMATED VALUE OF THE INTEREST TO BE CONVEYED PURSUANT TO THE USES PERMITTED IN THE REDEVELOPMENT PLAN AND THE CONDITIONS IMPOSED BY THE CONVEYANCE The Agency purchased Site #1 through its purchase of a 55.4 gross acre site at a cost of $1.97 million or $0.82 per square foot of land. Site #2 was acquired by the City as part of it's purchase of an 18.66 gross acre site at a cost of $933,000 or $1.15 per square foot of land. The Agency purchased Site #3 through its purchase of a 50 gross acre site at a cost of $1 .9 million or $0.87 per square foot of land. On a combined basis, prorating these acquisition costs, all three sites would be worth $67,266, the City's Site # 2 being worth $29,270 and the Agency's Sites # 1 & #3 being worth $18,368 and $19,628 respectively or $37,996 combined. Sites #1 and #2 are being provided to CVWD to complete land trades whereby the City had previously received parcels of equal utility as well sites. Netting the value of the parcels previously received from CVWD against the value of Sites #1 & #2 being granted by the City and Agency to CVWD, provides a net cost of zero for these two sites. ' 573 CAMy Documents\WPDOCS\Summary Rpt - Wellsite.doc .011 ATTACHMENT #2 PROPOSED CVWD WELLSITES W F N FRED WARIRO DRFVE !y C r� WES AVE O s N 0 fA C W W ° O WESTWARD NO DR. O Oo °o O 00 00 ,o "ION AY 111 O AVEAi 574 012