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2011 11 01 CCCity Council agendas are available on the City's web page @ www.la-quinta.org CITY COUNCIL CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting TUESDAY, NOVEMBER 1, 2011 AT 4:00 P.M. Beginning Resolution No. 2011-091 Ordinance No. 494 CALL TO ORDER Roll Call: Council Members: Evans, Franklin, Henderson, Sniff, and Mayor Adolph CLOSED SESSION — NONE PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA PRESENTATIONS — NONE WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF OCTOBER 18, 2011 001 CITY COUNCIL AGENDA 1 NOVEMBER 1, 2011 CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED NOVEMBER 1, 2011 2. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR PARCEL MAP 35900, ARNOLD PALMER OFFICE BUILDINGS, DAVID CHAPMAN INVESTMENTS, LLC 3. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR PARCEL MAP 35900, ARNOLD PALMER OFFICE BUILDINGS, DAVID CHAPMAN INVESTMENTS, LLC 4. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR PARCEL MAP 32891, DAVID CHAPMAN, TRADITION CLUB ASSOCIATES, LLC 5. ACCEPTANCE OF ONSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 34243, PASATIEMPO 6. ACCEPTANCE OF OFFSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 34243, PASATIEMPO 7. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 493 AMENDING CHAPTER 8.70 OF THE MUNICIPAL CODE RELATING TO STORMWATER MANAGEMENT AND DISCHARGE CONTROLS 8. APPROVAL TO APPROPRIATE FUNDING AND APPROVE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE CONSTRUCTION COST AND AUTHORIZATION TO ADVERTISE FOR BID THE AVENUE 50 PAVEMENT RECONSTRUCTION IMPROVEMENTS, PROJECT NUMBER 2011-11 9. APPROVAL TO EXCUSE INVESTMENT ADVISORY BOARD MEMBER KURT MORTENSON FROM THE NOVEMBER 9, 2011 INVESTMENT ADVISORY BOARD MEETING BUSINESS SESSION 1. CONSIDERATION OF CHAMBER OF COMMERCE REQUEST TO EXTEND LEASE OF LIBRARY SPACE A. MINUTE ORDER ACTION 002 CITY COUNCIL AGENDA 2 NOVEMBER 1, 2011 STUDY SESSION - NONE REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (FRANKLIN) 2. BOB HOPE CLASSIC FUND DISTRIBUTION COMMITTEE (FRANKLIN) 3. CITY COUNCIL AD HOC COMMITTEE REPORTS 4. CVAG COMMITTEE REPORTS 5. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (ADOLPH) 6. C.V. CONSERVATION COMMISSION (SNIFF) 7. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (ROBERT COX) 8. C.V. MOUNTAINS CONSERVANCY (FRANKLIN) 9. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 10. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (FRANKLIN) 11. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (FRANKLIN)_ 12. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 13. PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY (EVANS) 14. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (ROBERT TEAL) 15. RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE (DIANE GUNN) 16. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 17. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 18. COMMUNITY SERVICES COMMISSION MINUTES OF SEPTEMBER 12, 2011 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. UPDATE REGARDING FRED WARING DRIVE BETWEEN ADAMS STREET AND PORT MARIA ROAD 2. CITY ATTORNEY 3. CITY CLERK 4. BUILDING & SAFETY DEPARTMENT REPORT - NONE 5. COMMUNITY SERVICES DEPARTMENT REPORT - NONE 6. FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT REPORT A. GENERAL PLAN MONTHLY UPDATE 8. PUBLIC WORKS DEPARTMENT REPORT - NONE 9. POLICE DEPARTMENT REPORT - NONE 10. FIRE DEPARTMENT QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE IMPROVEMENTS 003 CITY COUNCIL AGENDA 3 NOVEMBER 1, 2011 RECESS TO REDEVELOPMENT AGENCY MEETING, HOUSING AUTHORITY MEETING AND JOINT CITY COUNCIL / BOARDS & COMMISSIONS MEETING RECONVENE AT 7.00 P.M. 7:00 P.M. PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. PRESENTATIONS — NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. CONTINUED PUBLIC HEARING TO CONSIDER A RESOLUTION ADDING CERTAIN ALTERNATIVE CONDITIONS OF APPROVAL TO FOUR TRACT MAPS ALLOWING THE DESIGN AND CONSTRUCTION OF RAISED MEDIANS IN LIEU OF TRAFFIC SIGNALS FOR TRACT MAPS 25500-4, 28603-1, 28838-1, AND 29147-1, KSL LAND CORPORATION, AND APPROVING A CASH PAYMENT FOR REMAINING OFFSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 28960 A. MINUTE ORDER ACTION ADJOURNMENT The next regular meeting of the City Council will be held on November 15, 2011 commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. CITY COUNCIL AGENDA 4 NOVEMBER 1, 2041� 004 DECLARATION OF POSTING I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of November 1, 2011, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111, on October 28, 2011. DATED: October 18, 2011 VERONICA OMONTECINO, City Clerk City of La Quinta, California Public Notices • The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7103, twenty-four (24) hours in advance of the meeting and accommodations will be made. • If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777-7103. A one (1) week notice is required. • If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting. • Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. n 005 CITY COUNCIL AGENDA 5 NOVEMBER 1, 2011 T&�444A& COUNCIL/RDA MEETING DATE: November 1, 2011 ITEM TITLE: Approval of Demand Register Dated November 1, 2011 RECOMMENDATION: Approve Demand Register Dated November 1, 2011 BACKGROUND: Prepaid Warrants: 93682 - 937091 93710) 93711 - 93736) Voids) Wire Transfers) P/R 36464 - 36472) P/R Tax Transfers) Payable Warrants: 93737 - 93846) FISCAL IMPLICATIONS: Demand of Cash -City Demand of Cash -RDA Demand of Cash - HA John M. Falconer, Finance Director 36,145.73 1,944.07 23,167.12 (25.12) 446,405.29 200,158.60 57,439.86 410,871.87. $1,176,107.42 $1,115,547.89 $60,559.53 $0.00 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING of 006 CITY OF LA QUINTA BANK TRANSACTIONS 10/12/11 - 10/25/11 10/12/11 WIRE TRANSFER - PERS 10/12/11 WIRE TRANSFER - HEALTH PREMIUM 10/14/11 WIRE TRANSFER - ICMA 10/14/11 WIRE TRANSFER - LQCEA 10/17/11 WIRE TRANSFER -PERS 10/18/11 WIRE TRANSFER - TASC 10/19/11 WIRE TRANSFER -LANDMARK $55,828.14 $104,110.59 $10,683.09 $145.00 $56,005.46 $988.37 $218,644.64 TOTAL WIRE TRANSFER OUT $446,405.29 to 007 1� p 0 W 1 YOF1 I Q N Z I d N 0 1 W W OI w 1 1 L 1 Q ^0Q 1 W ¢ 1 W 2 1 1 1 1 O e o O Ov b rNOVN I[1 e o O o O o b b o O P' P if1 Ifl Y o O o O 0 0 P . 1[. . �..•. 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O HHHH O H II1o000 � N v N Z 2 Z Y W Y O o r\ Q Q Q m g K I o O Ozx 0001 w 3. N p W N N Z lIl v q I p i o H > O Q I O N U Y Y q N \ O w m m � \ P M N H P \ M W Z H W W. Q Z \ o S on h r: K o 0 m SozaQ �H H zuw. wGz F M. Wx Z<muz : iC rai OQ W.c p, MG: Hx 60 O »> - 40 I Y w0 w 000. KW I Y. um U' www. . I-q I S as (D(Da ..q 027 COUNCIL/RDA MEETING DATE: November 1, 2011 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Parcel Map No. 35900, Arnold Palmer Office Buildings, David Chapman Investments, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to November 1, 2012 for Parcel Map No. 35900, Arnold Palmer Office Buildings, David Chapman Investments, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 35900 is located north of Avenue 52 and east of Desert Club Drive (Attachment 1). On December 1, 2008, the City and David Chapman Investments, LLC entered into an SIA for Parcel Map No. 35900. Section 6 of the SIA requires: "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. 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 SIA, 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. " On April 6, 2010, the City Council adopted a resolution granting a time extension for the completion of the on -site improvements as specified in the approved SIA to December 1, 2010. Since that time, staff has been working with the developer to provide a schedule or extension request for these improvements. In a letter dated October 11, 2011 (Attachment 2), the developer requests a time extension to complete the on -site improvements, which include rough grading, parking lot improvements, storm drain, domestic water, sewer, dry utilities, landscaping, retaining wall, monumentation. The developer explains that the economy has not improved enough to make it financially feasible to implement the improvements. Staff has prepared the attached resolution which provides for approval of the second time extension of the SIA to November 1, 2012. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the on -site improvements as specified in the approved SIA to November 1, 2012 for Parcel Map No. 35900, Arnold Palmer Office Buildings, David Chapman Investments, LLC; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the on -site improvements time as specified in the approved SIA to November 1, 2012 for Parcel Map No. 35900, Arnold Palmer Office Buildings, David Chapman Investments, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R. Jo ass n P.E. Public Works irec r/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from David Chapman dated October 11, 2011 ».`; . 030 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO NOVEMBER 1, 2012 FOR PARCEL MAP NO. 35900, ARNOLD PALMER OFFICE BUILDINGS. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Parcel Map No. 35900, Arnold Palmer Office Buildings, David Chapman Investments, LLC, on December 1, 2008; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by December 1, 2010, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the on -site improvements as required by the approved SIA is extended to November 1, 2012. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on November 1, 2012. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. ..% 031 Resolution No. 2011- Parcel Map No. 35900, Arnold Palmer Office Buildings Adopted: November 1, 2011 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 1" day of November 2011, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California " 032 ATTACHMENT 1 PM 35900 ARNOLD PALMER OFFICE BUILDINGS m J V AVENIDA NUESW PROJECT ,,-LOCATION AVE. 52 ANITY MAP NOT TO SCALE �..a 033 ATTACHMENT 2 David Chapman gnvestments - -- - October 11, 2011 City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attention: Timothy R. Jonasson, P.E. Public Works Director, City Engineer Re: Subdivision Improvement Agreement (SIA), On -Site and Off -Site. Improvements Parcel Map No. 35900, Arnold Palmer Office Buildings Dear Sirs: In response to your letter of July 25, 2011, I am requesting an extension to the SIA in regard to the above parcel. This is due to the economy not having improved enough to make it financially feasible to implement these improvements. I thank you for your consideration and look forward to your favorable response. Sincerely, 6 - David Chapman President David Chapman Investments 034 78-505 AVENUE 52 • LA QUINTA, CA 92253 - 760364.3355 • FAx 760.564.2356 T'af 4 4 a" COUNCIL/RDA MEETING DATE: November 1, 2011 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site Improvements for Parcel Map No. 35900, Arnold Palmer Office Buildings, David Chapman Investments, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 3 STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the off -site improvements as specified in the approved. Subdivision Improvement Agreement (SIA) to November 1, 2012 for Parcel Map No. 35900, Arnold Palmer Office Buildings, David Chapman Investments, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: PP @in BACKGROUND AND OVERVIEW: Parcel Map No. 35900 is located north of Avenue 52 and east of Desert Club Drive (Attachment 1). On December 1, 2008, the City and David Chapman Investments, LLC entered into an SIA for Parcel Map No. 35900. Section 6 of the SIA requires: 'that the subdivision improvements shall be complete within twelve months after the approval of the SIA. 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 SIA, 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. " 035 On April 6, 2010, the City Council adopted a resolution granting a time extension for the completion of the off -site improvements as specified in the approved SIA to December 1, 2010. Since that time, staff has been working with the developer to provide a schedule or extension request for these improvements. In a letter dated October 11, 2011 (Attachment 2), the developer requests a time extension to complete the off -site improvements, which include making water and sewer connections for the project and performing some precise grading. The developer explains that the economy has not improved enough to make it financially feasible to implement the improvements. Staff has prepared the attached resolution which provides for approval of the second time extension of the SIA to November 1, 2012. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the off -site improvements as specified in the approved SIA to November 1, 2012 for Parcel Map No. 35900, Arnold Palmer Office Buildings, David Chapman Investments, LLC; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the off -site improvements time as specified in the approved SIA to November 1, 2012 for Parcel Map No. 35900, Arnold Palmer Office Buildings, David Chapman Investments, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, imothJR..o ass P.E. Public rec or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from David Chapman dated October 11, 2011 036 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE OFF -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO NOVEMBER 1, 2012 FOR PARCEL MAP NO. 35900, ARNOLD PALMER OFFICE BUILDINGS. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Parcel Map No. 35900, Arnold Palmer Office Buildings, David Chapman Investments, LLC, on December 1, 2008; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by December 1, 2010, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the off -site improvements as required by the approved SIA is extended to November 1, 2012. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on November 1, 2012. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. p 037 Resolution No. 2011- Parcel Map No. 35900, Arnold Palmer Office Buildings Adopted: November 1, 2011 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 1 s` day of November 201 1, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California a , 038 ATTACHMENT 1 PM 35900 ARNOLD PALMER OFFICE BUILDINGS m AVENKM NUESTRA PROJECT , .--LOCATION AVE. 52 MAP NOT TO SCALE ° - 039 David Chapman Investments October 11, 2011 City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attention: Timothy R. Jonasson, P.E. Public Works Director, City Engineer ATTACHMENT 2 Re: Subdivision Improvement Agreement (SIA), On -Site and Off -Site Improvements Parcel Map No. 35900, Arnold Palmer Office Buildings Dear Sirs: In response to your letter of July 25, 2011, I am requesting an extension to the SIA in regard to the above parcel. This is due to the economy not having improved enough to make it financially feasible to implement these improvements. I thank you for your consideration and look forward to your favorable response. Sincere1 , David Chapman President David Chapman Investments 040 78-505 AVENUE 52 • LA QUINTA, CA 92253 - 760.564.3355 • FAx 760.564.2356 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: November 1, 2011 BUSINESS SESSION: _ ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Parcel CONSENT CALENDAR: Map No. 32891, David Chapman, Tradition Club STUDY SESSION: Associates, LLC PUBLIC HEARING: RECOMMENDATION: Adopt a resolution to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to November 1, 2012 for Parcel Map No. 32891, David Chapman, Tradition Club Associates, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 32891 is located south of Avenue 52 and east of Tradition Trail (Attachment 1). On February 18, 2008, the City and Tradition Club Associates, LLC entered into an SIA for Parcel Map No. 32891. Section 6 of the SIA requires: 'that the subdivision improvements shall be complete within twelve months after the approval of the SIA. 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 SIA, 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. " • 041 On September 15, 2009, the City Council adopted a resolution granting a time extension for the completion of the on -site improvements as specified in the approved SIA to February 18, 2010. On April 6, 2010, the City Council adopted a resolution granting a second time extension for the completion of the on -site improvements as specified in the approved SIA to February 18, 2011. Since that time, staff has been working with the developer to provide a schedule or extension request for these improvements. In a letter dated October 11, 2011 (Attachment 2), the developer requests a time extension to complete the on -site improvements, which include rough grading, storm drain, domestic water, sewer, and monumentation. The developer explains that the economy has not improved enough to make it financially feasible to implement the improvements. Staff has prepared the attached resolution which provides for approval of the third time extension of the SIA to November 1, 2012. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the on -site improvements as specified in the approved SIA to November 1, 2012 for Parcel Map No. 32891, David Chapman, Tradition Club Associates, LLC; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the on -site improvements time as specified in the approved SIA to November 1, 2012 for Parcel Map No. 32891, David Chapman; Tradition Club Associates, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, iothy R. I o ass n P.E. Public Works Direc r/City Engineer ..V 1 042 Approved for submission by: iJi^✓LstiO Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from David Chapman dated October 11, 2011 ...Q'" 043 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO NOVEMBER 1, 2012 FOR PARCEL MAP NO. 32891, TRADITION CLUB ASSOCIATES, LLC WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Parcel Map No. 32891 on February 18, 2008; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by February 18, 2011, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the on -site improvements as required by the approved SIA is extended to November 1, 2012. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on November 1, 2012. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. .% 044 Resolution No. 2011- Parcel Map No. 32891, Tradition Club Assoc., LLC Adopted: November 1, 2011 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15t day of November 2011, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California n 045 III PARCEL MAP NO.32891 AVW 52 VICINITY MA NOT TO SCALE ATTACHMENT 1 ..* 046 'Tradition October 11, 2011 City of La Quinta 78-495 Calle Tampico La Quinta, Califomia 92253 Aifn +inn- Timn*hw R Tnnnaenn T) R MAIN CLUB HOUSE PRO SHOP SALES & MARKETING- GOLF COURSE MAINTENANCE TEL:7601564.8723 TEL:760/564.1067 TEL:760/564.3355 TEL:760/564-5429 FAx:760/564-6691 FAx:760/564.7405 FAx:7601564-2356 FAx:7601564.6928 78505 OLD AvENuE 52 - LA QuINTA - CA 92253.1120 -" 047 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE:. November 1, 2011 BUSINESS SESSION: _ ITEM TITLE: Acceptance of On -Site Improvements c Associated with Tract Map No. 34243, Pasatiempo CONSENT CALENDAR: J STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Accept on -site improvements associated with Tract Map No. 34243, Pasatiempo, and authorize staff to release the performance security; direct staff to release the labor and materials security ninety (90) days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: None. No public improvements will be accepted with this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 34243, Pasatiempo, is located north of Avenue 58 and west of Madison Street (Attachment 1). The improvements include curb and gutter, storm drain, catch basins, landscaping, signing, striping, and asphalt concrete pavement. All obligations of the Subdivision Improvement Agreement (SIA) for the on -site improvements have been satisfied. �,� 048 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the on -site improvements associated with Tract Map No. 34243, Pasatiempo, and authorize staff to release the performance security; direct staff to release the labor and materials security ninety (90) days after City Council acceptance of the improvements; or 2. Do not accept the on -site improvements associated with Tract Map No. 34243, Pasatiempo and do not authorize staff to release the performance security; do not direct staff to release the labor and materials security ninety (90) days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, R othy R4on s E. Public Work rec r/City Engineer Attachment: 1. Vicinity Map Approved for submission by: Thomas P. Genovese, City Manager �. 049 TM 34243 = PASATIEMPO AVENUE 54 U:, w U) ATTACHMENT 1 w 0 w Ld a z o r N AIRPORT BLVD. z o (AVENUE 56) 0 a VICI_NIT) NOT TO SCALE .p.. 050 Tar 4 4 Qab&' AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: November 1, 2011 BUSINESS SESSION: ITEM TITLE: Acceptance of Off -Site Improvements Associated with Tract Map No. 34243, Pasatiempo CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Accept off -site improvements associated with Tract Map No. 34243, Pasatiempo, and authorize staff to release the performance security; direct staff to release the labor and materials security ninety (90) days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: Catch basin maintenance is estimated to be $1,000 annually, which will be incorporated in the Public Works Department Account No. 101 -7003-431.43-73 for storm drain maintenance. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 34243, Pasatiempo, is located north of Avenue 58 and west of Madison Street (Attachment 1). The improvements include curb & gutter, sidewalk, curb ramps, storm drain, catch basins, landscaping, signing, striping, and asphalt concrete pavement. All obligations of the Subdivision Improvement Agreement (SIA) for the off -site improvements have been satisfied. Attachment 2 indicates the amount of the warranty security. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the off -site improvements associated with Tract Map No. 34243, Pasatiempo, and authorize staff to release the performance security; direct staff to release the labor and materials security ninety (90) days after City Council acceptance of the improvements; or 2. Do not accept the off -site improvements associated with Tract Map No. 34243, Pasatiempo and do not authorize staff to release the performance security; do not direct staff to release the labor and materials security ninety (90) days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, A, othy R. Jo ass n Public Works tor/ y Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Warranty Security Exhibit '� 052 - J't. TM 34243 - PASATIEMPO Z 0 V) 0 Q AVENUE 54 w w ry F- V) I mm (AVENUE156) AVENUE158 NOT TO SCALE ATTACHMENT 1 Fir, 11' 053 ATTACHMENT 2 WARRANTY SECURITY Tract Map No. 34243 — Off -Site Improvements Development Name: Pasatiempo OFFSITE IMPROVEMENTS Performance Security' Improvement Descrition Labor& Materials' Original Amount Proposed Reduction WARRANTY AMOUNT Street Improvements $295426 $295426 90% $29543 8 FT Meandedn_q Sidewalk $29 181 $29 181 90% $2 918 Signing and Striping $5 765 $5 765 90% $577 Storm Drain $12 510 $12 510 90% $1.251 Domestic Water $45,150 $45,150 90% $4,515 Sanitary Sewer $1,500 $1,500 90% $150 Perimeter Landscaping $50,342 $50,342 90% $5,034 Perimeter Wall $150,360 $1503360 90% $15,036 Standard 10% Cont inge ncy $59,023 $59,023 100% $0 Professional Fees & Plans, Design 10% $64,926 $64,926 100% $0 Professional Fees, Construction (10%) $64,926 $64,926 100% $0 Totals $779,109 $779,109 $59,023 Performance Security shall be released immediately upon City Council acceptance 2 Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements. 3 WARRANTY SECURITY (10% of Original Performance Security) shall be received by the City prior to being placed on the agenda for City Council. 054 0 F Z s 5w cEk OF COUNCIL/RDA MEETING DATE: November 1 , 2011 ITEM TITLE: Approval Of Second Reading and Adoption of Ordinance No. 493 Amending Chapter 8.70 of the Municipal Code Relating to Stormwater Management and Discharge Controls. RECOMMENDATION Adopt Ordinance No. 493 on second reading. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: On October 18, 2011, the City Council moved to take up Ordinance Number 493 on first reading. The City Council further moved to introduce Ordinance No. 493 on first reading. The motion to introduce Ordinance No. 493 carried by the following vote: AYES: Council Members Evans, Franklin, Heri'derson, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None ..a 055 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt Ordinance No. 493 on second reading; or 2. Do not adopt Ordinance No. 493 on second reading; or 3. Provide staff with alternative direction. submitted, Veronica J. MpKecino, CMC, City Clerk Approved for submission by: Thomas P. Genovese, City Manager 056 ORDINANCE NO. 493 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 8.70 TO THE CITY OF LA QUINTA CHARTER AND MUNICIPAL CODE ENTITLED "SURFACE WATER MANAGEMENT AND DISCHARGE CONTROLS" WHEREAS, the Federal Water Pollution Control Act (commonly known as the "Clean Water Act" or "CWA"), 33 U.S.C. section 1251 et seq., as amended, prohibits the discharge of any "Pollutant" (as defined in the Clean Water Act) to waters of the United States from a point source, unless the discharge is authorized by a permit issued pursuant to the National Pollutant Discharge Elimination System ("NPDES"); and WHEREAS, the State of California is authorized to administer various aspects of the NPDES program under the Clean Water Act within the State; and WHEREAS, the State Water Resources Control Board regulates the discharges of pollutants into waters of the State through the California Regional Water Quality Control Boards, and specifically through the Colorado River Basin Regional Water Quality Control Board ("Regional Board") for the area within the jurisdiction of the City of La Quinta; and WHEREAS, pursuant to the CWA, the United States Environmental Protection Agency ("US EPA") has defined the term "Municipal Separate Storm Sewer System" or "MS4" to mean a conveyance, or system of conveyances, including roads with drainage systems, municipal streets, curbs, gutters, catch basins, and storm drains owned or operated by a city, used for collecting stormwater; and WHEREAS, CWA section 402(p) (33 U.S.C. § 1342(p)l, requires that the City obtain an NPDES permit for the discharge of pollutants from the City's MS4; and WHEREAS, CWA section 402(p) (33 U.S.C. § 1342(p)) further provides that NPDES permits shall require controls to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, including management practices and such other provisions as may be appropriate for the control of pollutants; and requires the City to effectively prohibit non-stormwater discharges to the MS4; and WHEREAS, on May 21, 2008, the Regional Board issued Order No. R7-2008- 0001, (NPDES No. CAS617002) concerning Waste Discharge Requirements for, among other entities, various incorporated cities in Riverside County, for stormwater discharges from the Municipal Separate Storm Sewer System within the White Water .•" . 057 Ordinance No. 493 Amending Chapter 8.70 Surface Water Management & Discharge Controls Adopted: November 1, 2011 Page 2 of 26 River Watershed ("MS4 NPDES Permit"); and WHEREAS, the MS4 NPDES Permit and. U.S. EPA regulations implementing the CWA, require the City to demonstrate that it has adequate legal authority, through ordinance or other authority, to prohibit illicit discharges and to otherwise require compliance with the MS4 NPDES Permit; and WHEREAS, under the California Constitution and California statutory law, the City has the authority to define public nuisances and to protect the public health and safety of the residents of and visitors to the City, and the environment; and WHEREAS, surface runoff is one step in the cycle of water. However, human activities, such as agriculture, construction and the operation and maintenance of an urban infrastructure may result in undesirable discharges of pollutants and certain sediments, which may accumulate in local drainage channels and waterways and eventually may be deposited in the waters of the United States; and WHEREAS, the purpose of this Ordinance is to assist in improving water quality within the White Water River Watershed, and to comply with Federal and State requirements for the control of urban pollutants to surface runoff entering the network of storm drains throughout the Watershed; and WHEREAS, the City is authorized by Article Xl, sections 5 and 7 of the State Constitution to exercise the police power of the State by adopting regulations promoting the public health, public safety and general prosperity; and WHEREAS, a reduction in surface runoff borne pollution should promote the public health and protect the general welfare of the locality by reducing the level of artificial and naturally occurring constituents from entering the waters in this Watershed; and WHEREAS, the land use authority exercised by the City, pursuant to California Government Code section 65300 et seq., requires regional planning and the adoption of policies protecting the environment through the imposition of reasonable conditions on the use of land; and WHEREAS, this Ordinance conforms to the policies and goals of the General Plan adopted by the City, pursuant to California Planning and Zoning Law, for the protection of the White Water River Watershed by implementing measures to control erosion and prevent the pollution of streams and other waters; and M 058 Ordinance No. 493 Amending Chapter 8.70 Surface Water Management & Discharge Controls Adopted: November 1, 2011 Page 3 of 26 WHEREAS, the Subdivision Map Act, California Government Code section 66411, authorizes the City to regulate and control the design and improvement of subdivided lands and mitigate the burdens of proposed development by imposing reasonable conditions on map approval; and WHEREAS, California Constitution Article XI, section 7 and Government Code section 38660 authorize the City to establish appropriate conditions for the issuance of building permits, which require the installation of improvements reasonably related to the proposed use of property; and WHEREAS, Government Code section 38771 authorizes the City to declare as public nuisances undesirable acts which may injure health or cause interference with the comfortable enjoyment of life or property and to provide for the abatement of the same; and WHEREAS, the City may commence civil actions, pursuant to CWA Section 505(a), (U.S.C. § 1365(a)), against any person or any governmental agency acting in violation of any requirement of the CWA or any applicable NPDES permit; and WHEREAS, all industrial dischargers subject to the provisions of the State Industrial General Permit and State Construction General Permit (referred to collectively herein as the "State General Permits") must comply with the lawful requirements of the City, which regulate discharges to the MS4 within its jurisdiction; and WHEREAS, the City has jurisdiction over certain MS4 facilities and watercourses within the. City, and these facilities may receive discharges from properties and activities regulated under the provisions of the State General Permits; the City may, therefore, request that the regulated dischargers furnish information and records as necessary to determine compliance with the State General Permits so that it may ensure compliance with the MS4 NPDES Permit; and WHEREAS, this Ordinance is being adopted to further ensure that the City has adequate legal authority, in accordance with the MS4 NPDES Permit, the requirements of which are exempt from the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code section 21000, et seq., including but not limited to sections 21083 and 21084, et seq.; and WHEREAS, this Ordinance is subject to CEQA categorical exemption classes 1 through 4, 6 through 9, 21 and 22, pursuant to the CEQA Guidelines, respectively, 11 . 059 Ordinance No. 493. Amending Chapter 8.70 Surface Water Management & Discharge Controls Adopted: November 1, 2011 Page 4 of 26 Title 14, California Code of Regulations sections 15301, 15302, 15303, 15304, 15306, 15307, 15308, 15309, 15321 and 15322. NOW, THEREFORE, the City Council of the City of La Quinta, California, hereby ordains as follows: SECTION 1: In order to protect the public health, safety and well-being, and the environment, and to ensure compliance with any obligations imposed on the City under the Clean Water Act ("CWA") and the EPA regulations implementing the CWA, and in order to ensure compliance with the Waste Discharge Requirements imposed pursuant to State laws, and in order to "effectively prohibit" Illicit Discharges into the MS4 and to ensure the City has full authority to obtain and require compliance with the MS4 NPDES Permit, Chapter 8.70 of the City of La Quinta Municipal Code is hereby repealed and replaced with a new Chapter 8.70 entitled "Surface Water Management and Discharge Controls," which reads in its entirety as follows: Chapter 8.70 SURFACE WATER MANAGEMENT AND DISCHARGE CONTROLS 8.70.010 Purpose and Intent. 8.70.020 Definitions. 8.70.030 Responsibility for Administration. 8.70.040 Regulatory Consistency. 8.70.050 Illicit Discharges Prohibited. 8.70.060 Illicit Connections. 8.70.070 New Development/Redevelopment Projects. 8.70.080 Best Management Practice (BMP) and Monitoring Program Requirements. 8.70.090 Commercial/Industrial Program Requirements. 8.70.100 Inspections. 8.70.110 Notification. 8.70.120 Administrative Remedies. 8.70.130 Nuisance. 8.70.140 Criminal Sanctions. 6.70.150 Consecutive Violations. 8.70.160 Nonexclusive Remedies. 8.70.170 Citations. 8.70.180 Violations of Other Laws. 8.70.190 Injunctions. 8.70.200 Other Civil Remedies. 6.70.210 Coordination With Other Agencies. 8.70.220 Compliance With Chapter is Not Compliance With Other Laws. 8.70.230 Severability. •.N � 060 Ordinance No. 493 Amending Chapter 8.70 Surface Water Management & Discharge Controls Adopted: November 1, 2011 Page 5 of 26 8.70.010 Purpose and Intent. The purpose of this Chapter is to protect public health and safety and the environment, and to promote the welfare of the community by: A. Effectively prohibiting Non-Stormwater Discharges into the MS4. B. Reducing Pollutants in Urban Runoff, including those Pollutants taken up by Stormwater and Non-Stormwater, as it flows over urban areas, to the maximum extent practicable. C. Establishing minimum requirements for surface runoff management, including source control requirements to prevent and reduce pollution, and requirements for New Development and Redevelopment Projects. D. Protecting and enhancing the quality of surface waters in a manner pursuant to and consistent with the CWA. 8.70.020 Definitions. For purposes of this Chapter, the following terms shall have the meanings set forth in this Section: "Allowable Non-Stormwater Discharges" shall mean those Discharges not prohibited by this Chapter, and shall include only the following: a. Discharges covered by and in compliance with NPDES permits or other written clearances, waste discharge requirements or authorizations prescribed by the Regional or State Boards; b. Potable water line flushing and other potable water sources; c. Passive footing drains; d. Water from crawl space pumps; e. Discharges from landscape irrigation, lawn/garden watering and other irrigation waters; f. Dechlorinated swimming pool Discharges; g. Non-commercial vehicle washing; (e.g. residential car wash (excluding engine degreasing) and car washing fundraisers by non-profit organizations); h. Diverted stream flows; i. Rising ground waters and natural springs; j. Groundwater infiltration as defined in 40 CFR 35.2005(20) and uncontaminated pumped ground water; k. Flows from riparian habitats and wetlands; I. Street washing activities; m. Emergency water flows (i.e., fire -fighting flows and other flows necessary for the protection of life and property) do not require BMPs and need not be prohibited. However, appropriate BMPs shall be considered, but only where r C.61 Ordinance No. 493 Amending Chapter 8.7O Surface Water Management & Discharge Controls Adopted: November 1, 2011 Page 6 of 26 practicable, and when not interfering with emergency public health and safety; n. Waters not otherwise containing "Wastes," as defined in CWC Section 13050(d). In any action to enforce this Chapter, the burden shall be on the person or entity who is the subject of such action to establish that a Discharge was within the scope of an Allowable Non-Stormwater Discharge. "Basin Plan" shall mean the operative "Water Quality Control Plan for the Colorado River Basin," and any and all amendments thereto. "Best Management Practices" or "BMPs" shall mean "BMPs," as defined in the federal regulations, 40 CFR section 122.2, such terms shall include schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the Discharge of Pollutants to waters of the United States. The term 'Best Management Practices" or 'BMPs" shall also include treatment requirements, operating procedures and practices to control surface runoff, including spillage or leaks, sludge or waste disposal, and/or drainage from raw material storage. "CEQA" shall mean the California Environmental Quality Act, California Public Resource Code section 21000 et seq., and the regulations thereunder. "City" shall mean the City of La Quinta, Riverside County, California. "City Manager" shall mean the City Manager of the City of La Quinta, or his/her designee. "Clean Water Act" or "CWA" shall mean the federal Clean Water Act (33 USC § 1251 et seq., as amended, including § 1342(p) therein), inclusive of those provisions requiring municipal and industrial dischargers to obtain NPDES permits for their Discharges, and for purposes of this Chapter, inclusive of all federal regulations issued thereunder. "CWC" shall mean the California Water Code. "Development" shall mean any and all New Development or Redevelopment Projects involving land disturbing activities or structural development, including construction or installation of a building or structure, and/or the creation of Impervious Surface Areas (a/so see "New Development" and "Redevelopment Projects" defined below). "Development Planning and Permitting Program of the SWMP" shall mean Section 4.0 of the Stormwater Management Plan and the Water Quality Management Plan requirements set forth therein, as all such documents/requirements may be amended from time to time. "Discharge" shall mean any release, spill, leak, pump, flow, escape, leaching (including subsurface migration or deposition to groundwater), dumping or disposal of any liquid, semi -solid or solid substance. "Director" means the City of La Quinta Director of Public Works or his or her .,u 062 Ordinance No. 493 Amending Chapter 8.70 Surface Water Management & Discharge Controls Adopted: November 1, 2011 Page 7 of 28 designee. "Enforcement Officer" shall mean any City employee assigned to conduct inspections or issue approvals or take enforcement action under this Chapter. "Enforcing Attorney" shall mean the City Attorney, acting as counsel to the City of La Quinta and his or her designee, or the District Attorney, as any such counsel may be authorized to take enforcement action under this Chapter herein. "EPA" shall mean the United States Environmental Protection Agency. "Hazardous Substance" shall mean any "Hazardous Substance" as that term is defined under California Health and Safety Code sections 25281(h), 25501(q) and 25501.1, and under Title 42, section 9601(14) of the United States Code; any "hazardous waste" as that term is defined under Title 42 section 6903(5) of the United States Code, and under California Health and Safety Code section 25117; any "hazardous material" as that term is defined under California Health and Safety Code section 25501(p); and any chemical which the Governor of California has identified as a chemical known to the State to cause cancer or reproductive toxicity, pursuant to California Health and Safety Code section 25249.8; and any crude oil or refined or unrefined petroleum product, or any fraction or derivative thereof, and any asbestos or asbestos -containing material. The term "Hazardous Substance" includes any waste, substance or material added as a result of any amendments to the above -referenced statutes and regulations. "Illicit Connection" shall mean any man-made physical connection to the MS4 which has not been authorized by the agency with jurisdiction over the system at the location at which the physical connection is made, or any such authorized connection which conveys an Illicit Discharge to the MS4. "Illicit Discharge" shall mean any "Prohibited Discharge" as such term is defined in this Chapter. "Impervious Surface Area" means the ground area covered or sheltered by an impervious surface, measured in plain view (i.e., as if directly above). For example, the "impervious surface area" for a pitched roof is equal to the ground area it shelters, rather than the surface area of the roof itself. "Impervious Surfaces or Covers" shall mean a constructed or modified surface that cannot effectively infiltrate rainfall. The term includes, but is not limited to, building rooftops, pavement, sidewalks and driveways. "Invoice of Costs" shall mean an invoice of the actual costs and expenses of the City, including but not limited to, administrative overhead, salaries and other expenses not prohibited from being recovered under State Law and incurred during any inspection, enforcement and/or cleanup action conducted pursuant to this Chapter, or where an administrative citation, notice of non-compliance, administrative compliance order or other enforcement action under this Chapter is utilized to obtain compliance with this Chapter. ,h 063 Ordinance No. 493 Amending Chapter 8.70 Surface Water Management & Discharge Controls Adopted: November 1, 2011 Page 8 of 26 "Maximum Extent Practicable" or "MEP" shall mean the that standard established by Congress in CWA section 402(p)(3)(B)(iii) for MS4 discharges, as defined in the MS4 NPDES Permit. "MS4" or "Municipal Separate Storm Sewer System" shall mean the conveyance or system . of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that are: (i) owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over the discharge of surface runoff, sewage, industrial waters or other wastes, including special districts under State law, such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or designated and approved management agency under Section 208 of the CWA that Discharges to waters of the United States; (ii) designated or used for collection or conveying surface runoff; (iii) which is not a combined sewer; and (iv) which is not part of a Publically Owned Treatment Works ("POTW") as defined in 40 CFR 122.26. "MS4 NPDES Permit" shall mean the currently applicable MS4 NPDES permit issued by the Regional Board to the City. "New Development" shall mean new construction on a previously undisturbed parcel. New development does not include routine maintenance to maintain original line and grade, hydraulic capacity, or the original purpose of a facility; nor does it include emergency new developments required to protect public health and safety. "NPDES" shall mean the National Pollutant Discharge Elimination System permitting requirements as set forth under the Clean Water Act. "Non-Stormwater" shall mean all Discharges to and from the MS4 that do not originate from precipitation events. "Permittee" or "Permittees" shall mean one or more of the following entities who are Permittees under the MS4 NPDES Permit: Riverside County Flood Control and Water Conservation District, County of Riverside, Coachella Valley Water District, and all incorporated Cities of Riverside County within the White Water River Basin. "Person" shall mean any natural person as well as any corporation, partnership, government entity or subdivision, trust, estate, cooperative association, joint venture, business entity, or other similar entity, or the agent, employee or representative of any of the above. "Planning Director" shall mean the Director of the City's Planning Department, or his or her designee. "Pollutant" shall mean "Pollutant" as defined in the MS4 NPDES Permit. "Priority Development Project" shall mean any of the following categories of New Development and Redevelopment Projects (as also described in the MS4 NPDES Permit), requiring any form of discretionary permit to be issued by the City: .,it 064 Ordinance No. 493 Amending Chapter 8.70 Surface Water Management & Discharge Controls Adopted: November 1, 2011 Page 9 of 28 1. Single-family hillside residences that create 10,000 square feet, or more, of impervious area where the natural slope is twenty-five percent (25%) or greater, and including single-family hillside residences that create 10,000 square feet of impervious area where the natural slope is ten percent (10%) or greater where erosive soil conditions are present; 2. 100,000 square foot or more commercial and/or industrial development; 3. Automotive repair shops (with Standard Industrial Classification ("SIC") codes 5013, 7532, 7533, 7534, 7537, 7538, and 7539); 4. Retail gasoline outlets disturbing greater than 5,000 square feet; 5. Restaurants disturbing greater than 5,000 square feet; 6. Home divisions with ten or more housing units; and 7. Parking lots 5,000 square feet or more or with 25 or more parking spaces and potentially exposed to Urban Runoff. Where a New Development project feature, such as a parking lot, falls into a Priority Development Project category, the entire project shall become a Priority Development Project. "Prohibited Discharge" shall mean any Discharge from the MS4 to Waters of the United States containing Pollutants, which have not been reduced to the MEP. The term "Prohibited Discharge" includes: 1. The Discharge of waste to waters of the State in a manner causing, or threatening to cause, a condition of pollution, contamination, or nuisance, as defined in CWC section 13050; 2. The Discharge of Pollutants or dredged or fill material to waters of the United States, except as authorized by an NPDES permit or a dredged or fill material permit subject to the exemption described in CWC section 13376; 3. Any Discharge to the MS4 that is not composed entirely of Stormwater is prohibited, unless authorized as an Allowable Non-Stormwater Discharge; 4. The unauthorized Discharge of treated or untreated sewage to waters of the State or to the MS4; 5. The Discharge of oil, gasoline, diesel fuel, or any other petroleum derivative or any toxic chemical or Hazardous Substance into the MS4; 6. Urban Runoff Discharges to the MS4 which cause or contribute to an exceedance of a water quality standard for a Receiving Water (a "water quality standard" consists of the designated "beneficial uses," combined with the identified "water quality objectives," both of which are referenced in the Basin Plan for the subject Receiving Water); 7. Wash water to the MS4 resulting from the hosing or clean of gas stations, auto repair garages, or other types of automotive services facilities; ...S.J c65 Ordinance No. 493 Amending Chapter 8.70 Surface Water Management & Discharge Controls Adopted: November 1, 2011 Page 10 of 26 8. Discharges to the MS4 resulting from the cleaning, repair, or maintenance of any type of equipment or machinery, including motor vehicles, cement - related equipment, and port -a -potty servicing; 9. Wash water to the MS4 from mobile operations such as oily or greasy Discharges from mobile automobile washing, and/or Discharges from steam cleaning, power washing, and carpet cleaning and other similar Discharges; 10. Discharges, including Stormwater Discharges, from material storage areas containing chemicals, fuels, grease, oil, or other Hazardous Substances; and 11. Discharges of food -related wastes (e.g., grease, fish processing, and restaurant kitchen mat and trash bin wash water and other similar types of wastes). 12. Any Discharge to the MS4 from an Illicit Connection. "Receiving Water(s)" shall mean all surface water bodies as defined in the MS4 NPDES Permit, including, but not limited to, the White Water River Basin. "Redevelopment Project" shall mean a project where major modifications to an existing site or structure requiring a permit to be issued by the City for the creation, addition, and/or replacement of impervious surface on an already developed site. Examples include the expansion of a building footprint, road widening, the addition to or replacement of a structure, and creation or addition of Impervious Surfaces. Replacement of Impervious Surfaces includes any activity that is not part of a routine maintenance activity where impervious material(s) are removed, exposing underlying soil during construction. Redevelopment does not include trenching and resurfacing associated with utility work; resurfacing existing roadways; new sidewalk construction, pedestrian ramps, or bike lane on existing roads; and routine replacement of damaged pavement, such as pothole repair. Routine maintenance, interior remodeling, re -roofing, and parking lot maintenance are similarly not included in the definition of a "Redevelopment Project." A Redevelopment Project is not to be confused with the projects undertaken by a redevelopment agency. "Regional Board" shall mean the California Regional Water Quality Control Board, Colorado River Basin Region. "State Board" shall mean the California State Water Resources Control Board. "State General Permit(s)" shall mean the State General Industrial Stormwater Permit, the State General Construction Permit, or any other State General Permit that has been or will be issued by the State Board, including all terms and requirements under any such permit. In the event the EPA revokes the in -lieu permitting authority of the State Board, then the term "State General Permit" shall also refer to any EPA - administered NPDES permit for industrial and/or construction activities. a C66 Ordinance No. 493 Amending Chapter 8.70 Surface Water Management & Discharge Controls Adopted: November 1, 2011 Page 11 of 26 "Stormwater" shall mean "storm water runoff, snow melt runoff and surface runoff and drainage." See 40 CFR 122.26(b)(13). "Stormwater Management Plan" or "SWMP" shall mean the White Water River Region Stormwater Management Plan on file with the Director, as such SWMP may be amended from time to time. "Treatment Control BMPs" shall mean those structural BMPs designed to infiltrate, filter or treat runoff volume of flow prior to the discharge of any such runoff to a Receiving Water. Treatment Control BMPs shall include those Treatment Control BMPs as described in the MS4 NPDES Permit in connection with the regulation of New Development and/or Redevelopment Projects. "Urban Runoff" shall mean those Discharges from residential, commercial, industrial, and construction areas within the White Water River Region MS4 permit area, but excluding Discharges from feed lots, dairies, farms, POTWs and open space. The term "Urban Runoff' is to include Discharges that consist of Stormwater and Non-Stormwater surface runoff from drainage sub -areas with various, often mixed, land uses located within any of the hydrologic drainage areas that discharge into the waters of the United States. "Water Quality Management Plan" or "WQMP" shall mean a water quality management plan that is designed to minimize Pollutant Discharges, and/or accelerated erosion and sediment runoff, during construction and/or post -construction use of the property. "WQMP Design Standards" shall mean those Water Quality Management Plan design standards as may be required by the City in accordance with the SWMP and/or the MS4 NPDES Permit, and may include, but are not limited to, design standards involving Peak -Urban Runoff Discharge Rates, Site Design BMPs, Source Control BMPs, Treatment Control BMPs, Treatment Control Alternatives and Waivers, and Infiltration -Based Treatment Control BMPs, all as described within the MS4 NPDES Permit and/or the SWMP. 8.70.030 Responsibility for Administration. This Chapter shall be administered for the City by the Director. 8.70.040 Regulatory Consistency. This Chapter shall be construed to assure consistency with the requirements of the Clean Water Act and the California Water Code and all acts amendatory thereof or supplementary thereto, applicable implementing regulations, and any existing or future MS4 NPDES Permits, and any amendments and revisions thereto or the reissuance thereof. 4 067 Ordinance No. 493 Amending Chapter 8.70 Surface Water Management & Discharge Controls Adopted: November 1, 2011 Page 12 of 26 8.70.050 Illicit Discharges Prohibited. A. No person shall: 1. Cause, permit, allow or facilitate any Prohibited Discharge. 2. Act, cause, permit, allow or suffer any agent, employee, or independent contractor, to act, cause, permit, allow or facilitate any Prohibited Discharge. B. A civil or administrative violation of subsection 8.70.050(A) shall occur irrespective of the negligence or intent of the violator. C. If the Enforcement Officer reasonably determines that an Allowable Non- Stormwater Discharge may adversely affect the beneficial uses of Receiving Waters, the Enforcement Officer may give written notice to the owner of the property or facility that the Allowable Non-Stormwater Discharge shall become a Prohibited Discharge following expiration of the thirty (30) calendar day period commencing upon delivery of the notice. Upon expiration of the thirty (30) calendar day period, any remaining or continuing Prohibited Discharge shall constitute a violation of subsection 8.70.050(A). 8.70.060 Illicit Connections. A. No person shall construct, utilize, maintain, operate and/or allow the operation or existence of any Illicit Connection on any premises owned, operated or controlled by such person that connects directly or indirectly to the MS4. Any Illicit Connection constructed, utilized, maintained, operated, or allowed to be operated on any premises owned, controlled or operated by such person from and after the date of the ordinance codified in this Chapter, shall be terminated and removed and/or otherwise sealed by the responsible party or parties in a manner approved by the Director. B. A civil or administrative violation of subsection 8.70.060(A) shall occur irrespective of the negligence or intent of the violator. 8.70.070 New Development/Redevelopment Projects. A. All New Development and/or Redevelopment Projects within the City that disturb areas equal to or greater than one (1) acre, including projects less than one (1) acre that are part of a larger common plan of development or sale greater than one acre, and that discharge into the MS4, shall comply with all WQMP requirements as may be set forth in the SWMP for such projects, along with all related conditions and requirements established by the Director and/or the Planning Director, that are Ordinance No. 493 Amending Chapter 8.70 Surface Water Management & Discharge Controls Adopted: November 1, 2011 Page 13 of 26 reasonably related to the reduction or elimination of Pollutants and Urban Runoff from the project site. B. All Priority Development Projects shall comply with the WQMP Design Standards required by the City in connection with the Water Quality Management Plan for such project. C. No developer of a Priority Development Project shall commence any land disturbing activities in connection with such proposed project without first submitting and obtaining the City's approval of a WQMP for the project. The City may require a fee, to be paid by the project proponent, for the review of the WQMP. D. Pursuant to the issuance by the City of a grading or building permit for any New Development or Redevelopment Project, the Director and/or the Planning Director may impose terms, conditions and requirements on the project in accordance with the provisions of this Section 8.70.0701A►. If the New Development or Redevelopment Project will be approved without application for a grading permit or building permit, the Director and/or Planning Director may review the project plans and impose terms, conditions and requirements on the project in accordance with this Section 8.70.070, prior to the issuance of any discretionary approval or, at the City's discretion, prior to recordation of any subdivision map. E. Compliance with the conditions and requirements of the WQMP shall not exempt any person from the requirement to independently comply with any other provision of this Chapter. F. If the Director determines that the project will have a de minimis impact on the quality of surface runoff from the project site, the Director may issue a written waiver of some or all of the requirements for compliance with the provisions of Section 8.70.070, but only where such a waiver is in accordance with the terms and provisions of the MS4 NPDES Permit. G. The owner of a New Development or Redevelopment Project, or upon transfer of the property, the owner's successors and assigns, shall implement and adhere to the terms, conditions and requirements imposed pursuant to this Chapter on such a property both during construction and throughout post -construction use of the property. Each failure by the owner of the property or its successors or assigns, to implement and adhere to the terms, conditions and requirements imposed pursuant to this Chapter on a New Development or Redevelopment Project, shall constitute a violation of this Chapter. H. The Director may require that the terms, conditions and requirements imposed pursuant to this Section 8.70.070 to be recorded with the County Recorder's office by the property owner. The signature of the 069 Ordinance No. 493 Amending Chapter 8.70 Surface Water Management & Discharge Controls Adopted: November 1, 2011 Page 14 of 26 owner of the property, or any successive owner, shall be sufficient for the recording of these terms, conditions and requirements, and a signature on behalf of the City shall not be required for recordation. The project applicant of any New Development or Redevelopment Project shall reimburse the City for all costs and expenses incurred in the review of New Development and/or Redevelopment Project in accordance with this Section 8.70.070. 8.70.080 Best Management Practice (BMP) and Monitoring Program Requirements. A. Every person owning property or conducting any activity or operation on a facility shall comply with those BMPs as may be imposed by the City as necessary for the City to ensure compliance with the terms and conditions of the MS4 NPDES Permit, including as may be needed to prevent, to the MEP, Pollutants from entering the MS4. B. Every person owning and/or operating on property which contains a Treatment Control BMP shall: 1. Ensure that each and every Treatment Control BMP is operating effectively and is being adequately maintained; and 2. Provide an annual verification of the effective operation and maintenance of each Treatment Control BMP, maintaining the annual verification records, and providing those records to any Enforcement Officer upon request. C. Every person owning property or conducting any activity, operation or facility thereon, with approved BMPs, shall implement any monitoring program as may be required by the Director, the Planning Director or the City Engineer, pursuant to the WQMP, the SWMP and/or the MS4 NPDES Permit. 8.70.090 Commercial/Industrial Program Requirements. A. General Industrial Permit Compliance. In order to obtain a business license, a permit to operate or a certificate of occupancy, all industrial facilities required under the Clean Water Act to comply with or obtain coverage under a State General Permit must show proof of compliance to the City with such permit through the submission of evidence of its Waste Discharge Identification Number and submitted Notice of Intent to comply with such State General Permit. B. Inspection of Operations. All industrial operations subject to a State General Permit shall provide the City a right of access to inspect such operations in accordance with the terms and conditions of the State Ordinance No. 493 Amending Chapter 8.70 Surface Water Management & Discharge Controls Adopted: November 1, 2011 Page 15 of 26 General Permit, and the rights of inspection and access provided thereunder to the Regional or State Boards. 8.70.100 Inspections. A. Inspections. The City Manager or the Director, may, on twenty-four (24) hour oral or written notice to the owner, operator or person responsible for the day-to-day activities of such property or facility, or upon such shorter time period where justified by exigent circumstances, may enter upon and inspect any private property for the purposes of verifying compliance with the terms and conditions of this Chapter or with any NPDES permit involving the property. B. Entry to Inspect. Upon obtaining the right to inspect in accordance with subsection 8.70.100(A) above, the Enforcement Officer may enter upon such private property to: (1) investigate a violation or potential violation of this Chapter; (2) investigate the source of any Discharge of a Pollutant or the potential Discharge of a Pollutant to the MS4; (3) conduct an annual or follow-up compliance inspection; or (4) conduct an inspection to verify compliance with any BMPs identified as conditions of approval for a project and/or that were included in the project -specific WOMP. C. Portable Equipment. The right of inspection provided in this Section 8.70.100 shall include the right to inspect any vehicle, truck, trailer, tank truck or other mobile equipment on the property. D. Records Review. Inspections conducted under this Section 870.100 shall include the right to inspect all records of the owner or occupant of property relating to chemicals or processes presently or previously stored or occurring on -site, including material and/or chemical inventories, facilities maps or schematics and diagrams, material safety data sheets, hazardous waste manifests, business plans, State General Permits, stormwater pollution prevention plans, monitoring program plans and any other record(s) that may be related to Illicit Connections, Illicit Discharges, or any other source of contribution or potential contribution of Pollutants to the MS4. E. Sample and Test. The Enforcement Officer may inspect, sample and/or test any area runoff, soils area (including groundwater testing), process discharge, materials within any waste storage area (including any container contents), and/or treatment system discharge for the purpose of determining the potential for contribution of Pollutants to the MS4. The Enforcement Officer may investigate the integrity of all storm drain and sanitary sewer systems, or other pipelines on the property using appropriate tests, including but not limited to smoke and dye tests or .,.a : O l l Ordinance No. 493 Amending Chapter 8.70 Surface Water Management & Discharge Controls Adopted: November 1, 2011 Page 16 of 26 video surveys. The Enforcement Officer may take photographs or video tape, make measurements or drawings, and create any other record reasonably necessary to document conditions on the property. F. Monitoring. An Enforcement Officer may erect and maintain monitoring devices •for the purpose of measuring any Discharge of a Pollutant or potential Discharge of a Pollutant to the MS4. G. Test Results. The owner or occupant of property subject to inspection may, upon submission of a written request, obtain copies, at the requesting party's sole cost and expense, of all monitoring and test results conducted by or on behalf of the City. 8.70.110 Notification. A. Immediate Notification. Any person who intentionally, negligently or otherwise violates any provision of this Chapter, which violation has resulted in a Discharge of a Pollutant to the MS4, shall immediately notify the Director, either in person, by telephone, facsimile, electronic mail, letter or other written communication, and shall identify in such notification the location of the Discharge, the date and time of the Discharge, the type, concentration and volume of the Pollutant or Pollutants discharged, as well as any corrective action or measures taken as a result of the Discharge. B. Written Report. All persons violating this Chapter shall, within ten (10) calendar days after any such Discharge of a Pollutant or Pollutants, file with the Director a detailed written report describing the cause of the Discharge, the date and time of the Discharge, the type, concentration and volume of Discharge, the location of the Discharge, any specific information needed in connection with the location to fully explain the potential impacts from the Discharge, and any corrective action or other measures taken in connection with the Discharge, including any measures taken to prevent similar Discharges in the future. Submission of this written report shall not be deemed to be a waiver or release of any person from any liability, fine or other obligations imposed under this Chapter, or otherwise in the City's Code or under State or federal law. 8.70.120 Administrative Remedies. A. Administrative Citation. In addition to all other enforcement mechanisms provided for in this Chapter, any violation of this Chapter may be enforced through the Administrative Citation procedure set forth in Chapter 1.09 of the City of La Quinta Municipal Code. B. Notice of Noncompliance. The Enforcement Officer may deliver to the .�_, 02 Ordinance No. 493 Amending Chapter 8.70 Surface Water Management & Discharge Controls Adopted: November 1, 2011 Page 17 of 28 owner or occupant of any property, and/or to any person or entity for violating or causing a violation of this Chapter, a Notice of Noncompliance. The Notice of Noncompliance shall be delivered in accordance with subsection 8.70.120(F). 1. The Notice of Noncompliance shall identify the provision(s) of this Chapter that have been violated. The Notice of Noncompliance may state that continued noncompliance may result in additional enforcement actions against the owner, occupant and/or person or entity responsible for the violation. 2. The Notice of Noncompliance shall state a compliance date that must be met by the owner, occupant and/or other responsible person or entity; provided, however, that the compliance date may not exceed ninety (90) days unless the Enforcement Officer extends the compliance deadline an additional reasonable period of time, under the circumstances, where good cause exists for the extension. C. Administrative Compliance Orders. 1. The Enforcement Officer may issue an Administrative Compliance Order. The Administrative Compliance Order shall be delivered in accordance with subsection 8.70.120(F). The Administrative Compliance Order may be issued to: a. The owner or occupant of any property or other responsible person or entity requiring abatement of conditions on the property that have caused or contributed to, a violation of this Chapter or an imminent threat of an Illicit Discharge; b. Any person or entity responsible for an Illicit Connection; C. The owner of property subject to the terms, conditions or requirements imposed on a project in accordance with Sections 8.70.070 and 8.70.080, so as to ensure adherence to those terms, conditions and requirements. 2. The Administrative Compliance Order may include the following terms and requirements: a. Specific steps and time schedules for compliance as reasonably necessary to address the violation or to prevent the imminent threat of an Illicit Discharge, including but not limited to, an Illicit Discharge from any pond, pit, well, surface impoundment, holding or storage area; b. Specific steps and time schedules for compliance as reasonably necessary to discontinue any Illicit Connection; C. Specific requirements for containment, cleanup, removal, 4 073 Ordinance No. 493 Amending Chapter 8.70 Surface Water Management & Discharge Controls Adopted: November 1. 2011 Page 18 of 28 storage, installation of overhead covering, or proper disposal of any Pollutant having been discharged to or having the reasonable potential to be discharged to the MS4; d. Any other terms or requirements reasonably calculated to prevent the imminent threat of or continuing violations of this Chapter, including, but not limited to, requirements for compliance with best management practices guidance documents promulgated by any federal, State of California or regional agency; e. Any other terms or requirements reasonably calculated as being needed to achieve full compliance with the terms, conditions and requirements of this Chapter. D. Cease and Desist Orders. 1. The Enforcement Officer may issue a Cease and Desist Order. A Cease and Desist order shall be delivered in accordance with subsection 8.70.120(F). A Cease and Desist Order may direct the owner or occupant of any property and/or any other person or entity responsible for a violation of this Chapter to: a. Immediately discontinue any Illicit Connection or Illicit Discharge to the MS4; b. Immediately contain or divert any flow of runoff, where the flow is occurring in violation of any provision of this Chapter; C. Immediately discontinue any other violation of this Chapter; d. Immediately clean up all areas affected by the violation. e. Cease and desist with any or all continued work on a project (i.e., a Stop Work Order) until such time as appropriate BMPs are implemented, the Illicit Discharge or Connection is eliminated, or other appropriate actions are taken to ensure compliance with this Chapter. 2. The Enforcement Officer may direct by Cease and Desist Order that (1) the owner of any property which property is subject to any conditions or requirements issued pursuant to Sections 8.70.070 and 8.70.080; or (2) any occupant of any property or any other person or entity responsible for a violation of this Chapter: immediately cease any activity not in compliance with the conditions or requirements issued pursuant to Sections 8.70.070 or 8.70.080, or with the terms, conditions and/or requirements of any applicable permit involving operations on the property, including, but not limited to, any applicable NPDES permit. x Ol4 Ordinance No. 493 Amending Chapter 8.70 Surface Water Management & Discharge Controls Adopted: November 1, 2011 Page 19 of 28 3. No Cease and Desist Order is to be stayed, tolled or otherwise put on hold as a result of any administrative or other legal challenge to its terms. A Cease and Desist Order is only to be stayed, tolled or put on hold where required as a result of the administrative review process or by a Court of competent jurisdiction. 4. Notwithstanding anything in this Chapter to the contrary, the City may take all action necessary to inspect, investigate, assess, remedy, treat, monitor or otherwise abate any Discharge or threat of a Discharge of a Pollutant on or into any public property, including all publicly owned portions of the MS4. All costs and fees incurred by the City or any other responsible governmental agency and/or contractor of the City in this regard may be included within an Invoice for Costs and recovered against the responsible party or parties in accordance with provisions of this Chapter. E. Recovery of Costs. The Enforcement Officer may deliver to the owner and/or occupant of any property, and/or any other responsible person or entity who becomes subject to a Notice of Noncompliance, an Administrative Compliance Order, a Cease and Desist Order, or an Invoice for Costs. An Invoice for Costs shall be delivered in accordance with subsection 8.70.120(F). An Invoice for Costs shall be immediately due and payable to the City for the actual costs incurred by the City in issuing and enforcing any such notice or order, including any costs incurred by the City to prevent, contain and/or cleanup any threatened or actual Discharges to the MS4. If any owner or occupant or any other responsible person or entity subject to an Invoice for Costs fails to either pay the Invoice for Costs or successfully appeal the Invoice for Costs then the Enforcing Attorney may institute collection proceedings. F. Delivery of Notice. Except where the nuisance abatement procedure under Section 8.70.130 is being followed, all administrative citations, Notices of Noncompliance, Administrative Compliance Orders, Cease and Desist Orders, or Invoices for Costs, and all other enforcement orders for violations of this Chapter shall be subject to the service and administrative hearing procedures provided for in Chapter 1.09 of the City of La Quinta Municipal Code. G. Administrative Hearing. Except as set forth in subsection 8.70.120(H) or where the nuisance abatement procedure under subsection 8.70.130 is being followed, all Administrative Citations, Notices of Noncompliance, Administrative Compliance Orders, and Invoices for Costs issued under this Chapter shall be subject to the administrative hearing procedures set forth in Chapter 1.09 of the City of La Quinta Municipal Code. N Ol5 Ordinance No. 493 Amending Chapter 8.70 Surface Water Management & Discharge Controls Adopted: November 1, 2011 Page 20 of 26 Notwithstanding the foregoing, these administrative appeal procedures shall not apply to criminal proceedings initiated to enforce this Chapter. H. Administrative Hearing for Cease and Desist Orders and Emergency Abatement Actions. An administrative hearing on the issuance of a Cease and Desist Order or following an emergency abatement action shall be held within five (5) business days following the issuance of the order or the action of abatement, unless the hearing (or the time requirement for the hearing) is waived in writing by the party subject to the Cease and Desist Order or the emergency abatement. A request for an administrative hearing shall not be required from the person subject to the Cease and Desist Order or the emergency abatement action. The hearing proceeding, decision and appeal requirements of Chapter 1.09 of the City of La Quinta Municipal Code shall otherwise apply. I. City Abatement. In the event the owner of property, the operator of a facility, or any other responsible person or entity fails to comply with any provision of a compliance schedule issued pursuant to this Chapter, the Enforcement Officer may request the Enforcing Attorney to obtain an abatement warrant or other appropriate judicial authorization to enter the property, abate the condition and restore the area. Any costs incurred by the City in obtaining and carrying out an abatement warrant or other judicial authorization may be recovered pursuant to subsection 8.70.120(E). 8.70.130 Nuisance. A. Any condition in violation of the provisions of this Chapter, including but not limited to, the maintenance or use of any Illicit Connection, or the occurrence or threatened occurrence of any Illicit Discharge, shall constitute a threat to the public health, safety and welfare, and is declared and deemed a nuisance pursuant to Government Code section 38771. 1 . Court Order to Enjoin or Abatement. At the request of the City Manager, the Enforcing Attorney may seek a court order to enjoin and/or abate the nuisance. 2. Notice to Owner and Occupant. Prior to seeking any court order to enjoin or abate a nuisance or threatened nuisance, the City Manager, shall provide notice of the proposed injunction or abatement to the owner and occupant, if any, of the property where the nuisance or threatened nuisance is occurring. 3. Emergency Abatement. In the event the nuisance constitutes an imminent danger to public health, safety and/or the environment, to 076 Ordinance No. 493 Amending Chapter 8.70 Surface Water Management & Discharge Controls Adopted: November 1, 2011 Page 21 of 28 the City Manager may cause appropriate persons to enter the property from which the nuisance is believed to be emanating, abate the nuisance and restore any property affected by the nuisance. To the extent reasonably practicable, notice shall be provided to the owner or occupant prior to abatement. If necessary to protect the public health, safety and/or the environment, abatement may proceed without prior notice to or consent from the owner or occupant thereof and without judicial warrant. (i) An imminent danger shall include, but is not limited to exigent circumstances created by the Discharge or threatened Discharge of Pollutants, where the same presents a significant and immediate threat to the public health and safety or the environment. (ii) Notwithstanding the authority of the City to conduct an emergency abatement action, an administrative hearing pursuant to subsection 8.70.120(H) herein shall follow the abatement action. 4. Reimbursement of Costs. All costs incurred by the City in responding to any nuisance, all administrative expenses and all other expenses recoverable under State law, including reasonable consulting fees and attorney's fees, shall be recoverable from the person(s) creating, causing, committing, permitting, contributing to and/or maintaining the nuisance, and all such persons/entities shall be jointly and severally liable for all such expenses, costs and fees. 5. Nuisance Lien. All costs and fees shall become a lien against the property from which the nuisance emanated and a personal obligation against the owner thereof in accordance with Government Code section 38773.1 and section 38773.5. The owner of record of the property subject to any lien shall be given notice of the lien prior to recording as required by Government Code section 38773.1. (i) At the direction of the City Manager or the Enforcing Attorney is authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for a money judgment or by delivery to the County Assessor of a special assessment against the property in accord with the conditions and requirements of Government Code section 38773.5. -..4 077 Ordinance No. 493 Amending Chapter 8.70 Surface Water Management & Discharge Controls Adopted: November 1, 2011 Page 22 of 26 8.70.140 Criminal Sanctions. A. Prosecutor. The Enforcing Attorney may act on the request of the City Manager to pursue enforcement actions in accordance with the provisions of this Chapter. B. Infractions. Any person who may otherwise be charged with a misdemeanor under this Chapter may be charged, at the discretion of the Enforcing Attorney, with an infraction punishable by a fine of not more than one hundred dollars ($100.00) for a first violation, two hundred dollars ($200.00) for a second violation, and a fine not exceeding five hundred dollars ($500.00) for each additional violation occurring within one year. C. Misdemeanors. Any person or entity who negligently or knowingly violates any provision of this Chapter, undertakes to conceal any violation of this Chapter, continues any violation of this Chapter after notice thereof, or violates the terms, conditions and requirements of any permit or approval issued pursuant to this Chapter, shall be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for a period of not more than six (6) months, or both. D. Damages. The Enforcing Attorney may petition the Court for any of the following damages: 1. The recovery of all fees and costs incurred and/or to be incurred in the enforcement of this Chapter, including but not limited to, all costs relating to any investigation, sampling, testing, monitoring, assessing, inspection, removing, treating, cleanup, and including all administrative expenses, legal fees and costs, and all other expenses as authorized by law, as well as damages to public property and consequential damages; 2. All costs incurred in investigating, sampling, testing, monitoring, assessing, removing, treating, cleaning up and/or mitigating in any way harm to the environment or public property, or to reduce the threat to human health or the environment; 3. Damages for harm to the environment or public property; and 4. Restitution and injunctive, declaratory and such other equitable relief as may be allowed by law. 8.70.150 Consecutive Violations. Each day in which a violation occurs and each separate failure to comply with either a separate provision of this Chapter, an Administrative Compliance Order or a to 078 Ordinance No. 493 Amending Chapter 8.70 Surface Water Management & Discharge Controls Adopted: November 1, 2011 Page 23 of 26 Cease and Desist Order, shall constitute a separate violation of this Chapter punishable by fines or sentences issued in accordance herewith. 8.70.160 Nonexclusive Remedies. Each and every remedy available for the enforcement of this Chapter shall be nonexclusive and it is within the discretion of the Enforcement Officer or Enforcing Attorney to seek cumulative remedies, except that multiple monetary fines or penalties shall not be available for any single violation of this Chapter. 8.70.170 Citations. A. Pursuant to Penal Code section 836.5, the Enforcement Officer shall have the authority to cause the arrest of any person committing a violation of this Chapter. The person shall be released and issued a citation to appear before a magistrate in accordance with Penal Code section 853.5, section 853.6, and section 853.9, unless the person demands to be taken before a magistrate. Following issuance of any citation the Enforcement Officer shall refer the matter to the Enforcing Attorney. B. Each citation to appear shall state the name and address of the violator, the provisions of this Chapter violated, and the time and place of appearance before the court, which shall be at least ten (10) business days after the date of violation. The person cited shall sign the citation giving his or her written promise to appear as stated therein. If the person cited fails to appear, the Enforcing Attorney may request issuance of a warrant for the arrest of the person cited. 8.70.180 Violations of Other Laws. Any person or entity acting in violation of this Chapter may also be acting in violation of the Clean Water Act or the California Water Code and/or other laws, and may be subject to sanctions and civil liability. Accordingly, the Enforcing Attorney is authorized to file a citizen suit as permitted pursuant to the Clean Water Act, to seek penalties, damages, and orders compelling compliance, and any other appropriate relief. The Enforcing Attorney may notify EPA, the State or Regional Boards, or any other appropriate State, regional or local agency, of any alleged violation of this Chapter. 8.70.190 Injunctions. At the request of the City Manager, the Enforcing Attorney may cause the filing in a court of competent jurisdiction, of a civil action seeking an injunction against any threatened or continuing noncompliance with the provisions of this Chapter. Any 0-19 Ordinance No. 493 Amending Chapter 8.70 Surface Water Management & Discharge Controls Adopted: November 1, 2011 Page 24 of 26 temporary, preliminary or permanent injunction issued pursuant hereto may include an order for reimbursement to the City of all costs incurred in enforcing this Chapter, including all costs of inspection, assessment, testing, investigation, monitoring, treating, removing and/or cleaning up Pollutants, and all costs of abatement and/or restoration undertaken at the expense of the City, as well as all legal fees and expenses, including all litigation costs and consulting costs and attorney fees relating thereto, and all other fees, costs and expenses as may be authorized by law. 8.70.200 Other Civil Remedies. A. The City Manager may cause the Enforcing Attorney to file an action for civil damages in a Court of competent jurisdiction seeking recovery of (i) all costs incurred in enforcement of the Chapter, including but not limited to costs relating to investigation, sampling, monitoring, inspection, administrative expenses, legal expenses, including litigation costs, consulting costs and attorney fees all other expenses as authorized by law, and consequential damages, (ii) all costs incurred in mitigating harm to the environment or reducing the threat to human health, (iii) damages for harm to the environment or public property, and (iv) restitution and injunctive, declaratory and such other equitable relief as may be allowed by law. B. The Enforcing Attorney is authorized to file actions for civil damages resulting from any trespass or nuisance occurring on public land or to the MS4 from any violation of this Chapter where the same has caused damage, contamination or harm to the environment, public property or the MS4. C. The remedies available to the City pursuant to the provisions of this Chapter shall not limit the right of the City to seek any other remedy that may be available by law. 8.70.210 Coordination With Other Agencies. A. The City intends to cooperate with other agencies with jurisdiction over surface water to ensure that the regulatory purposes underlying surface water runoff regulations promulgated pursuant to the CWA are met. B. The City may, to the extent authorized by law, elect to contract for the services of any public agency or private enterprise to carry out the planning, approvals, inspections, permits and enforcement authorized by this Chapter. 8.70.220 Compliance With Chapter Is Not Compliance With Other Laws. Compliance by any person or entity with the provisions of this Chapter`shall not 1:1 Ordinance No. 493 Amending Chapter 8.70 Surface Water Management & Discharge Controls Adopted: November 1. 2011 Page 25 of 26 relieve any such person or entity from complying with other local, State or federal statutory or regulatory requirements. SECTION 2: EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty (30) days after passage. SECTION 3: SEVERABILITY. The City of La Quinta hereby declares that should any section, paragraph, sentence, phrase, term or word of this Chapter be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other provisions of this Chapter, independent of the elimination therefrom of any such portion as may be declared invalid. SECTION 4: POSTING: The City Clerk shall, within fifteen (15) days after passage of this Ordinance, cause it to be posted in at least three 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 Ordinances of the City of La Quinta. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 1" day of November 2011 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California (CITY SEAL) DON ADOLPH, Mayor City of La Quinta, California a 081 Ordinance No. 493 Amending Chapter 8.70 Surface Water Management & Discharge Controls Adopted: November 1, 2011 Page 26 of 26 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California STATE OF CALIFORNIA ► COUNTY OF RIVERSIDE ► ss. CITY OF LA QUINTA ► I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 493 which was introduced at a regular meeting on the 18`n day of October 2011, and was adopted at a regular meeting held on the 1" day of November 2011, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution No. 2006-1 15. VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing Ordinance was posted on November 2, 2011, pursuant to Council Resolution. VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California 082 COUNCIL/RDA MEETING DATE: November 1, 2011 ITEM TITLE: Approval to Appropriate Funding and Approve the Plans, Specifications, and Engineer's Estimate (PS&E) of Probable Construction Cost and Authorization to Advertise for Bid the Avenue 50 Pavement Reconstruction Improvements, Project Number 2011-11 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: Q CONSENT CALENDAR: (7 STUDY SESSION: PUBLIC HEARING: Appropriate funding, in the amount of $228,515, from the City's General Fund Unallocated Reserves, Account Number 101-0000-290.00-00, approve the plans, specifications, and engineer's estimate (PS&E) of probable construction costs, and authorize staff to advertise for bid the Avenue 50 Pavement Reconstruction Improvements, Project Number 2011-11. FISCAL IMPLICATIONS: The following is the projects recommended funding and funding source: City General Fund: $228,515 Total Funding: $228,515 The following is the recommended project budget for the Avenue 50 Street Improvements: Design: $10,000 Inspection/Testing/Survey $17,078 Construction: $175,163 City Administration $8,758 Contingency: $17,516 Total Budget: $228,515 Adequate funding exists within the General Fund Unallocated Reserves, Account Number 101-0000-290.00-00 to support staff's recommendation. U 083 CHARTER CITY IMPLICATIONS: The project is funded with by the City's General Fund. Therefore, because of the City's status as a Charter City, the City is not mandated to pay prevailing wage rates as of this point in time. A case is pending before the California Supreme Court that could impact this exemption. BACKGROUND AND OVERVIEW: The purpose of the project is to correct the distressed pavement condition caused by ground subsidence on Avenue 50 approximately 800 feet east of Eisenhower Drive. The pavement distress is generally manifested by transverse cracking and the separation of the curb, gutter, and sidewalks on both sides of Avenue 50. It is staff's opinion that this work is urgent and should proceed quickly. If this work is not performed, the distressed condition will get worse and possibly result in additional repairs and cost beyond that proposed at this time. The proposed work will reconstruct approximately 175 linear feet of the eastbound and westbound lanes and includes installation new AC pavement, base material, and the removal and re -compaction of the sub -grade material in accordance with the recommendations of the geotechnical investigation performed by Leighton Consulting, Inc. The project specifications and bid documents for the Avenue 50 Pavement Reconstruction Improvements, Project 2011-11, were prepared in-house and are available for review within the City's Public Works Department. Contingent upon the City Council's approval and authorization to advertise for bid on November 1, 2011, the following is how the project is expected to proceed: City Council Authorization to Advertise for Bid November 1, 2011 Project Advertisement November 2 - 30, 2011 Project Award December 6, 2011 Construction (20 working days) December 2011 /January 2012 Accept Improvements February 2012 084 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appropriate funding, in the amount of $228,515, from the City's General Fund Unallocated Reserves, Account Number 101-0000-290.00-00, approve the PS&E of probable construction costs, and authorize staff to advertise for bid the Avenue 50 Pavement Reconstruction Improvements, Project Number 2011-11; or 2. Do not appropriate funding, in the amount of $228,515 from the City's General Fund Unallocated Reserves, Account Number 101-0000-290.00-00, Do not approve the PS&E of probable construction costs, and do not authorize staff to advertise for bid the Avenue Pavement Reconstruction Improvements, Project Number 2011-11 ; or 3. Provide staff with alternative direction. Respectfully submitted, mothy . ona s, n, P.E. Public Works Dir ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager ..H 085 a 'y OF COUNCIL/RDA MEETING DATE: November 1, 2011 AGENDA CATEGORY: ITEM TITLE:Approval to Excuse Investment Advisory BUSINESS SESSION: q_ Board Member Kurt Mortenson from the November CONSENT CALENDAR: / 9, 2011 Investment Advisory Board Meeting STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve a request from Investment Advisory Board Member Kurt Mortenson'sto be excused from attending the November 9, 2011 Investment Advisory Board Meeting. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The La Quinta Municipal Code, Section 2.06.020(B) includes the statement: "A board or commission member may request advance permission from the City Council to be absent at one or more regular meetings due to extenuating circumstances. If such permission or excuse is granted by the City Council, the absence shall not be counted toward the above -stated limitations on absences." Staff has discussed this section with all board members and, in response, Investment Advisory Board Member Mortenson has requested of the City Council tobeexcused from the November 9, 2011 meeting. The request was made prior to the meeting, as noted in Attachment 1. FINDINGS AND ALTERNATIVES: 1:. The alternatives available to the City Council include: 1. Approve Investment Advisory Board Kurt Mortenson's request to be excused from the from the November 9, 2011 Investment Advisory Board Meeting; or 2. Deny Investment Advisory Board Member Mortenson's request; or 3. Provide staff with alternative direction. Respectfully submitted, 4-� JohA4h Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Request from Investment Board Member Mortenson % 087 October 19, 2011 Hi John, Every other year the Inland Empire Estate Planning Council holds an all -day meeting in Redlands. It so happens that this year's event is scheduled for November 9, 2011. Assuming they don't change the date, I will miss our regularly scheduled Investment Advisory Board meeting. Best, Kurt Mortenson CFP® Managing Partner/Financial Advisor Praxis Wealth Management, Inc. 73271 Fred Waring Drive Ste 103 Palm Desert, CA 92260 3 T-itr44Q AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: November 1, 2011 ITEM TITLE: Consideration Of Chamber Of Commerce CONSENT CALENDAR: Request to Extend Lease of Library Space STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve a three-year extension to the Lease Agreement between the City of La Quinta and the La Quinta Chamber of Commerce for office space within the La Quinta Public Library, and authorize the City Manager to execute the Lease Agreement, subject to review and approval by the City Attorney. FISCAL IMPLICATIONS: Per the current Lease Agreement, the La Quinta Chamber of Commerce currently pays the City $1,000 per month for rent, plus an additional $300 per month for utilities. The proposed lease extension does not include a rent or utility increase. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In November 2005, the City Council authorized staff to execute a lease agreement with the La Quinta Chamber of Commerce ("Chamber") for a portion of the La Quinta Public Library space to be used as the Chamber office, and limited use of classroom area for meetings. That original lease agreement expired on November 30, 2008, and allowed for a one-year extension to be approved in writing by the Landlord (City) and Tenant (Chamber). At that time, the Chamber opted to submit a letter requesting a three-year extension of the agreement from December 1, 2008 to November 30, 2011. The City Council approved the three-year extension on November 18, 2008. The current lease is set to expire on November 30, 2011 and allows for a one-year extension to be approved in writing by the City and Chamber. On October 25, 2011, the Chamber submitted a letter to the City (Attachment 1) requesting another three- year extension to the current lease agreement (Attachment 2). Staff has prepared a proposed lease agreement for the term of December 1, 2011 to November 30, 2014 for Council's consideration (Attachment 3). The letter also details the Chamber's efforts to find a permanent location. Briefly, the Chamber is looking at options including leasing space along the Highway 1 1 1 corridor; leasing space in the La Quinta Village; attaining land for construction on County park premises within the City limits; and working with a local non-profit organization to share office and conference room space. Although the space is not required for Library operations during the next three years, Library staff has indicated they would utilize the space, if available. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a three-year extension to the Lease Agreement between the City of La Quinta and the La Quinta Chamber of Commerce for office space within the La Quinta Public Library, and authorize the City Manager to execute the Lease Agreement, subject to review and approval by the City Attorney; or 2. Approve an extension to the Lease Agreement between the City of La Quinta and the La Quinta Chamber of Commerce for an alternative period of time; or 3. Do not approve a three-year extension to the Lease Agreement between the City of La Quinta and the La Quinta Chamber of Commerce for office space within the La Quinta Public Library; or 4. Provide staff with alternative direction. Respectfully submitted, Mari sillas Markbting/Economic Development Manager 1.1 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Letter from the La Quinta Chamber of Commerce 2. Current Lease Agreement 3. Proposed Lease Extension 091 ATTACHMENT 78275 Calle Tampico #B, La Quinta CA 92253 Thomas P. Genovese City Manager City of La Quints 78-495 Calle Tampico P.O. Box 1504 La Quints, CA 92253 Dear Tom, Gem of the Desert _ } (760) 564-3199 phone (760) 564-3111 fax W CHAMBER -Of COMMERCE October 25, 2011 Via Personal Delivery This letter is in reference to the Lease Agreement by and between the City of La Quinta, a public body, corporate and politic ("Landlord"), and the La Quinta Chamber of Commerce, a California non-profit organization ("Tenant") for the premises located in the City of La Quinta, County of Riverside, State of California, with a physical address of 78-275 Calle Tampico, commonly known as the La Quinta Public Library. The term of the Lease commenced on December 1, 2008, and shall end on November 30, 2011. In accordance with Section 5, Term Extension, the term of the Lease may be extended for a period of one (1) year with a written amendment to this Lease approved and executed by both Landlord and Tenant. This letter is our request for exercising such an extension; however, the La Quinta Chamber of Commerce. is hereby requesting an extension of the Lease for a period of three (3) years, effective December 1, 2011. La Quinta Chamber of Commerce has leased the premises for the primary purpose of promoting, encouraging and representing the business community of La Quints and its vicinity. The premise is also used for other official business, including related events, as approved by the City Manager or his designee. In accordance with Section 9, Tenant's Annual Report, the La Quints Chamber of Commerce's Facility Committee continues its efforts to pursue a permanent physical location for its operations. Several options are under exploration, including space along the Highway I I 1 corridor, space in Old Town Village, and land attainment and construction on County, pgrk premises within the City limits. Additionally, the Chamber continues to pursue ventures with another non-profit to explore the opportunity of identifying and established shared office and conference room space in a permanent location. We ask that the City of La Quints strongly consider our request to extend the current Lease for up to an additional three (3) years for the La Quints Chamber of Commerce effective December 1, 2011. Please let us know if you require additional information regarding this request for extension. Thank you. Sincerely, ee Osborne Immediate Past Chairman, La Quinta Chamber of Commerce Board of Directors Cc: David Archer, CEO — La Quinta Chamber of Commerce La Quinta Chamber Executive Committee Members M. Katherine Jenson, Esq. — Rutan & Tucker, LLP Roman Whittaker — Best, Best & Krieger 5 e I contactusriiilgchamber.com %w.tiv.lgchamber.com The Voice of Business ATTACHMENT LEASE AGREEMENT BETWEEN CITY OF LA QUINTA AND THE LA QUINTA CHAMBER OF COMMERCE sr THIS LEASE AGREEMENT (the "Lease") is made effective the .a4/ th day of ODD (the "Effective Date"), by and between THE CITY OF LA QUINTA, a public body, corporate and politic ("Landlord"), and the LA QUINTA CHAMBER OF COMMERCE, a California non-profit organization ("Tenant"). Landlord hereby leases the property described below to Tenant upon the following terms and conditions: 1. Premises. Landlord is the owner of that certain real property located in the City of La Quinta, County of Riverside, State of California, with a physical address of 78-275 Cabe Tampico, commonly known as the La Quinta Public Library. The portion of the La Quinta Public Library that is the subject of the Lease is identified on Exhibit "A," attached hereto and incorporated herein by this reference ("Premises"). 2. Grant of Lease. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Premises, together with the right to use the parking areas located on the Premises, upon the terms and conditions stated in this Lease. Tenant shall also have use under this Lease of the classroom area in the La Quinta Public Library located across the hall from the Premises and identified on Exhibit "B," attached hereto and incorporated herein by this reference, for up to seven (7) approximately one hour meetings each month for the purpose of holding its Board and various committee meetings. Tenant shall secure written approval from Landlord no less than fifteen (15) business days prior to said monthly meetings for use of the classroom. Landlord may, for good cause, deny Tenant's request for the desired date at its sole discretion. 3. Scove of Lease. Landlord hereby leases the Premises to Tenant for the primary purpose of promoting, encouraging and representing the business community of La Quinta and vicinity, but the Premises may be used by Tenant for other official business, such as putting on events, when first approved in writing by the City Manager or his/her designee. 4. Term. The Term of this Lease shall commence on December 1, 2008 and shall end on November 30, 2011, unless sooner terminated as provided herein (the "Term"). 5. Term Extension. The Term of this Lease may be extended for a period of one (1) year with a written amendment to this Lease approved and executed by both Landlord and Tenant. 6. Rent and Operating Charges. Beginning December 1, 2008, and continuing throughout the Term, Tenant shall pay to Landlord monthly rent for use of the Premises in the amount of One Thousand Dollars ($1,000.00). In addition to said One Thousand Dollar ($1,000.00) payment, Tenant shall also pay Landlord a flat monthly rate equal to Three Hundred Dollars ($300.00) for gas, water, and electric utility charges. Tenant shall be responsible to pay all other utilities for the Premises directly to the utility provider of such service. All payments made under this Section shall be hereinafter referred to as "Rent" and shall be paid by Tenant ill 093 advance on the first (1") day of each month without notice or demand from Landlord at Landlord's address as provided by Section 24 below. 7. Late Charges. If any of the Rent is not received by Landlord within fifteen (15) days after the first (1") day of each month, then, without any requirement for notice by Landlord, Tenant shall pay to Landlord an additional amount of Twenty Dollars ($20.00) for each day that such Rent is delinquent. 8. Custodial Services. As a condition to this Lease, Tenant shall contract with a custodial service company approved by Landlord both in writing and at Landlord's sole discretion, to perform custodial services on the Premises during the Tetra. 9. Tenant's Annual Report. Tenant shall prepare and submit to Landlord, on an annual basis and no earlier than December 15 but no later than December 31 of each year, a report specifying the activities pursued and results that Tenant has achieved in connection with its efforts to locate a permanent physical location for its operation. Tenant hereby represents to Landlord that it shall in good faith make such effort to secure a permanent physical location for its operation. 10. Maintenance Repair, and Replacement on Premises. (a) Tenant shall not do, or permit anything to be done, in or on the Premises, which in any way will (1) increase the rate of fire insurance on the Premises; (2) invalidate or conflict with the fire insurance policies on the Premises or fixtures or on personal property kept therein; (3) obstruct or interfere with the rights of Landlord or Landlord's other tenants at the La Quinta Public Library; (4) subject Landlord to any liability for injury to persons or damage to property; or (5) interfere with the good order of the Premises or the La Quinta Public Library. (b) Landlord shall not be liable under this Lease to Tenant for injuries to Tenant's person or damage to property occurring on the Premises or La Quinta Public Library or to any persons entering the Premises or La Quinta Public Library related to Tenants thereon, including, without limitation: (1) a loss of property by theft or burglary; (2) damage or injury to person or property on the Premises or the La Quinta Public Library; (3) any damage or injury caused by action of the natural elements; or (4) damage or injury resulting from (i) the conduct of Tenant, Tenant's contractors, licensees or invitees, whether negligent or otherwise, or (ii) any other act, event or occurrence in or about the Premises or La Quints. Public Library other than the grossly negligent or intentional acts of Landlord or Landlord's employees, contractors, licensees or invitees. Tenant shall not make any claim against Landlord for any loss or damage described in this Section. AM (c) Upon expiration of the Term, or any earlier termination of this Lease, Tenant shall surrender to Landlord the Premises, including all alterations, improvements and other additions made by Landlord or Tenant, in good order, condition, and repair, reasonable wear and tear excepted. Tenant shall also remove any partitions or similar improvement made by Tenant to the Premises (e.g., office spaces, modulars) without any compensation due by Landlord to Tenant or, at Landlord's sole discretion, Tenant shall take the necessary steps to return the Premises to the configuration of the Premises as found by Tenant at the commencement of the Term absent any, or at the request of the City some but not all, of such improvements and in good order, condition, and repair. 11. Improvements. Any alterations, improvements, or installations of fixtures to be undertaken by Tenant shall have the prior written consent of the Landlord after Tenant has submitted such proposed alterations, improvements, or fixtures in writing to Landlord. 12. Tenant's Insurance. (a) Types. Tenant, at no cost and expense to Landlord, shall procure and keep in full force and effect during the Term, insurance policies meeting the minimum requirements set forth below: (i) Comprehensive general liability insurance with respect to the Premises and the operations of or on behalf of Tenant or its agents, officers, directors, and employees in, on or about the Premises in an amount not less than One Million Dollars ($1,000,000) per occurrence combined single limit bodily injury, personal injury, death and property damage liability per occurrence, subject to such increases in amount as Landlord may reasonably require from time to time. The policy or policies shall include that Landlord and its officers, employees, and agents shall be additional insureds under such policy or policies; (ii) Worker's compensation coverage as required by the laws of the State of California together with employer's liability coverage; and (iii) With respect to the improvements, fixtures, furnishings, equipment and other items of personal property located on or in the Premises, insurance against fire, peril of flood, extended coverage, vandalism and malicious mischief, and such other additional perils, hazards and risk as now are or may be included in standard "all risk" forms in general use in Riverside County, California, for an amount equal to not less than the full current actual replacement cost thereof. Landlord shall be an additional insured under such policy or policies and such insurance shall contain a replacement cost endorsement. (b) Standard. All policies of insurance required to be carried by Tenant under this Lease shall be written by responsible and solvent insurance companies authorized to do business in the State of California. A copy of each paid -up policy evidencing such insurance (appropriately authenticated by the insurer) or a certificate of the insurer, certifying that such policy has been issued, providing the coverage required by this Section and containing provisions specified herein, shall be delivered to Landlord prior to -3- 0 9.5 the date Tenant is given the right of possession of the uniform Premises or as Landlord may otherwise require, and upon renewals, not less than thirty (30) days prior to the expiration of such coverage. 13. Events of Default. (a) An event of default (an "Event of Default") shall occur under this Lease if: (i) Tenant shall fail to perform any of the terms, conditions or covenants of this Lease to be observed or performed by Tenant and such failure shall continue for more than thirty (30) days thereafter, unless such default is of a nature that it cannot practically be cured within such thirty (30) day period but can be cured within a reasonable time but in no event later than ninety (90) days, and Tenant is proceeding with due diligence to cure such default; or (ii) Tenant's abandonment of the Premises in a manner not otherwise permitted herein. (b) The failure of Landlord to insist, in any one or more instances, upon a strict performance of any of the covenants of this Lease or to exercise any right or remedy contained herein, shall not be construed as a waiver or a relinquishment for the future of such covenant or option. 14. Termination. Landlord and Tenant can mutually agree to terminate this Lease by way of a written document reflecting the parties' desire to terminate. Tenant or Landlord can unilaterally terminate this Lease upon Tenant's locating and securing a new physical location for its operation. Upon any such aforementioned termination, Tenant shall surrender the Premises, in accordance with the provisions contained in this Lease, no later than the effective date of termination, and pay Rent to Landlord, on a pro rated basis, for each day leading up to the termination date. 15. Tenant's Indemnity. Tenant shall defend, indemnify, and hold harmless Landlord, its agents, and any and all affiliates of Landlord, including, without limitation, any public agency or other entities controlling, controlled by or under common control with Landlord, from and against any and all claims or liabilities arising from Tenant's use or occupancy of the Premises or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, and shall further defend, indemnify, and hold harmless Landlord, its agents, and affiliates against and from any and all claims or liabilities arising from any breach or default in the performance of any obligation on Tenant's part to be performed hereunder, or arising from any act or negligence of Tenant, or of its agents, employees, visitors, patrons, guests, invitees or licensees, including vendors, servicing Tenant, and from and against all costs, attorneys' fees, expenses and liabilities incurred in or about any such claims or liabilities or any actions or proceedings brought thereon. Notwithstanding the foregoing, Tenant shall not be liable for damage or injury occasioned by the gross negligence or willful misconduct of Landlord or its designated agents, servants or employees, unless covered by insurance Tenant is required to provide. This obligation to indemnify shall include Tenant's payment of reasonable attorneys' fees and investigation costs and all other reasonable costs, expenses and -4- ..p 096 liabilities incurred or suffered by Landlord from Landlord's receipt of the first notice that any claim or demand is to be made or may be made. 16. Right to Enter. Landlord shall h rve the right to enter the Premises (a) at reasonable hours upon prior reasonable notice to Ten (verbal or written) for any purpose permitted or required by thus Lease; or (b) at any time that an emergency exists, to examine the Premises or to make such repairs and alterations ass iall be reasonably necessary for the safety and preservation of the Premises. 17. Landlord Contact Person. Dulring the Term, Tenant shall direct all questions, concerns, and correspondence regarding repairs or other issues relating to this Lease to Landlord's representative, Tom Genovese, at the address set forth in Section 24 herein. 18. Assignment and Subletting. Te or any portion thereof, or to assign or mortl thereof, without the prior written consent Landlord's sole and absolute discretion. approved by Landlord, Tenant shall remain f terms and conditions of this Lease. Norm Tenant's consent, assign this Lease to any of it shall not have the right to sublet the Premises, ;e Tenant's interest in this Lease, or any portion Landlord, which consent may be withheld in the case of any such subletting or assignment y obligated to Landlord for the performance of all standing the foregoing, Landlord may, without affiliates, successors or assigns. 19. Title. No part of this Lease shall be interpreted as conveying any portion of the title to the Premises or La Quinta Public Library t the Tenant. 20. Applicable Laws. Tenant with all applicable laws, rules, and rc and regulations, in connection with its 21. Governing Law. This Lease laws of the State of California. covenants and warrants that Tenant shall comply is, including, without limitation, Landlord's rules ns on the Premises. be construed and applied in accordance with the 22. Severability. Any provision or provisions of this Lease which shall prove to be invalid, void, or illegal shall in no way affe t, impair or invalidate any other provision, and the remaining provisions shall remain in full fore and effect. 23. Headings. The headings of the various Sections of this Lease are inserted for reference only and shall not to any extent hI6Ve the effect of modifying, amending or changing the express terms and provisions of this Lease. 24. Notices. All notices, demand between Landlord and Tenant required or ("Notices"), to be effective hereunder, sh Lease, be in writing, and shall be deer personally; or (b) two (2) days after being (e.g., Federal Express) or with the United requested, in either event with all charges o) elections, deliveries and other communications sired to be given in connection with this Lease except as otherwise expressly provided in this to be given and received (a) when delivered posited with a national overnight courier service tes Postal Service as certified mail, return receipt )stage prepaid and addressed as follows: -5- n ' 097 1f to Landlord, City of La Quinta 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92253 Attention: Thomas P. Genovese, City Manager With a Copy to: Rutan & Tucker, LLP 611 Anton Boulevard, 141" Floor Costa Mesa, CA 92626 Attention: M. Katherine Jenson, Esq. And if to Tenant, La Quinta Chamber of Commerce 78-275 Calle Tampico La Quinta, CA 92253 With a Copy to: Best, Best & Krieger 74760 Highway 111, Suite 200 Indian Wells, CA 922I0 Attention: Roman Whittaker Either Landlord or Tenant may from time to time designate another address for the receipt of future Notices by a Notice given as provided in this Section 24 to the other party at the address set forth herein, or as last provided by such other party in accordance with this Section 24. 25. Amendments and Waivers. Neither this Lease nor any term or provision hereof may be changed, waived, or discharged orally, but only by an instrument in writing signed by the party against which the enforcement of the change, waiver, or discharge is sought. 26. Successors and Assigns. Notwithstanding anything contained herein to the contrary, this Lease shall be binding upon and inure to the benefit, as the case may require, of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 27. Rules and Regulations. Landlord shall have the right, from time to time, to issue reasonable rules and regulations regarding the use of the Premises. When so issued, such rules and regulations shall be considered a part of this Lease. Landlord shall not be liable to Tenant in the violation of any rules and regulations or the breach of any covenant or condition in any lease by any other of the Landlord's tenants. -6- tt 098 28. Entire Agreement. This Lease contains the entire agreement of the parties with regard to the matters set forth herein. Any other agreements, promises or representations, oral or written, between the parties with respect to such matters are hereby superseded and merged into this Lease. 29. Execution of Counterparts. This Lease may be executed in several counterparts, each of which shall be an original but all of which shall constitute one and the same instrument. 30. Relationship Between the Parties. Notwithstanding the existence of other relationships between the parties to this Lease, this Lease only controls the relationship between Landlord, as Landlord under this Lease, and Tenant, as Tenant under this Lease. (SIGNATURES ON FOLLOWING PAGE) M•• -7- IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed to be effective as of the date first written above. CITY OF LA QUINTA, a public body, corporate and politic Thomas P. Genovese City Manager ATTEST: City Clerk APPROVED AS TO FORM: M. atherin Jenson City Attorney LA QUINTA CHAMBER OF COMMERCE, a California non-profit organization By: 1 Title:��C6 C `t 0 0 100 EXHIBIT " N' um OF TtiEF FREM[SF� • \i { 1 { r .;ter �•� s�� -�. ��'/• 1 �� I Y rD tN — s TAM• ,�-�I .s r ,per, /V�, H _ t .+ '$�_. ..I ` I � •31r�I _rIITSL: �_ i . . , I ..� "gam• _ f { �-' T` ;+�� •il t _' .(tl'lll �� !•11 `_TJ - ='I t _ _ - - QW` OIII�'• I.IO ';� � �. l -T� I Ilr� �.W •I.-=� f� `°CtrF- - I lil C'i ore 1, _ "ti.� ih.-• �. la.�. m `-• 1�j]' � C11 I � (s hT-ice.-, -'' � 1 IY _��c-2.'I��' [Ni �t lYl '• I F[—ar• �^� .f I �.�. I :i� � � iy.� 1 ,{. �c�� 3. • �. t.- � 1. � �. � •ill tl -'4, � S ! 4'1 L i�� i ..-.;.,-� .._6, s u �` I ,� I.I._ /� • C� C•) U C'i�" C') CI- C2 C CCU 101 E�oarr "s°' bE ICTION OF THE CLAS SitOOM G 0 o. m r + +.= Te^ tl.' ' j •'s — �: •.p,"v �a'.�I ...la eri p ♦ rC -01It Ell"•` .I.» . —. ' .'. �_ •+' 1 •r s L- i „- ..',�..� .t:.. c i ,- ram;, » �' .it 'i-�. '- f� j 1I . �., �� Ica) Ot " Z_00" +— — • —. — —. — _ -- - .—. — — : — — . —. — 102 ATTACHMENT 3 LEASE AGREEMENT BETWEEN CITY OF LA QUINTA AND THE LA QUINTA CHAMBER OF COMMERCE THIS LEASE AGREEMENT (the "Lease") is made effective the _th day of (the "Effective Date"), by and between THE CITY OF LA QUINTA, a public body, corporate and politic ("Landlord"), and the LA QUINTA CHAMBER OF COMMERCE, a California non-profit organization ("Tenant"). Landlord hereby leases the property described below to Tenant upon the following terms and conditions: 1. Premises. Landlord is the owner of that certain real property located in the City of La Quinta, County of Riverside, State of California, with a physical address of 78-275 Calle Tampico, commonly known as the La Quinta Public Library. The portion of the La Quinta Public Library that is the subject of the Lease is identified on Exhibit "A," attached hereto and incorporated herein by this reference ("Premises"). 2. Grant of Lease. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Premises, together with the right to use the parking areas located on the Premises, upon the terms and conditions stated in this Lease. Tenant shall also have use under this Lease of the classroom area in the La Quinta Public Library located across the hall from the Premises and identified on Exhibit `B," attached hereto and incorporated herein by this reference, for up to seven (7) approximately one hour meetings each month for the purpose of holding its Board and various committee meetings. Tenant shall secure written approval from Landlord no less than fifteen (15) business days prior to said monthly meetings for use of the classroom. Landlord may, for good cause, deny Tenant's request for the desired date at its sole discretion. 3. Scone of Lease. Landlord hereby leases the Premises to Tenant for the primary purpose of promoting, encouraging and representing the business community of La Quinta and vicinity, but the Premises may be used by Tenant for other official business, such as putting on events, when first approved in writing by the City Manager or his/her designee. 4. Term. The Term of this Lease shall commence on December 1, 2011 and shall end on November 30, 2014, unless sooner terminated as provided herein (the "Term"). 5. Term Extension. The Term of this Lease may be extended for a period of one (1) year with a written amendment to this Lease approved and executed by both Landlord and Tenant. 6. Rent and Operating Charges. Beginning December 1, 2011, and continuing throughout the Term, Tenant shall pay to Landlord monthly rent for use of the Premises in the amount of One Thousand Dollars ($1,000.00). In addition to said One Thousand Dollar ($1,000.00) payment, Tenant shall also pay Landlord a flat monthly rate equal to Three Hundred Dollars ($300.00) for gas, water, and electric utility charges. Tenant shall be responsible to pay all other utilities for the Premises directly to the utility provider of such service. All payments made under this Section shall be hereinafter referred to as "Rent" and shall be paid by Tenant in •p 103 advance on the first (15`) day of each month without notice or demand from Landlord at Landlord's address as provided by Section 24 below. 7. Late Charges. If any of the Rent is not received by Landlord within fifteen (15) days after the first (1") day of each month, then, without any requirement for notice by Landlord, Tenant shall pay to Landlord an additional amount of Twenty Dollars ($20.00) for each day that such Rent is delinquent. 8. Custodial Services. As a condition to this Lease, Tenant shall contract with a custodial service company approved by Landlord both in writing and at Landlord's sole discretion, to perform custodial services on the Premises during the Term. 9. Tenant's Annual Report. Tenant shall prepare and submit to Landlord, on an annual basis and no earlier than December 15 but no later than December 31 of each year, a report specifying the activities pursued and results that Tenant has achieved in connection with its efforts to locate a permanent physical location for its operation. Tenant hereby represents to Landlord that it shall in good faith make such effort to secure a permanent physical location for its operation. 10. Maintenance, Repair, and Replacement on Premises. (a) Tenant shall not do, or permit anything to be done, in or on the Premises, which in any way will (1) increase the rate of fire insurance on the Premises; (2) invalidate or conflict with the fire insurance policies on the Premises or fixtures or on personal property kept therein; (3) obstruct or interfere with the rights of Landlord or Landlord's other tenants at the La Quinta Public Library; (4) subject Landlord to any liability for injury to persons or damage to property; or (5) interfere with the good order of the Premises or the La Quinta Public Library. (b) Landlord shall not be liable under this Lease to Tenant for injuries to Tenant's person or damage to property occurring on the Premises or La Quinta Public Library or to any persons entering the Premises or La Quinta Public Library related to Tenants thereon, including, without limitation: (1) a loss of property by theft or burglary; (2) damage or injury to person or property on the Premises or the La Quinta Public Library; (3) any damage or injury caused by action of the natural elements; or (4) damage or injury resulting from (i) the conduct of Tenant, Tenant's contractors, licensees or invitees, whether negligent or otherwise, or (ii) any other act, event or occurrence in or about the Premises or La Quinta Public Library other than the grossly negligent or intentional acts of Landlord or Landlord's employees, contractors, licensees or invitees. Tenant shall not make any claim against Landlord for any loss or damage described in this Section. 2 " ^ 104 (c) Upon expiration of the Term, or any earlier termination of this Lease, Tenant shall surrender to Landlord the Premises, including all alterations, improvements and other additions made by Landlord or Tenant, in good order, condition, and repair, reasonable wear and tear excepted. Tenant shall also remove any partitions or similar improvement made by Tenant to the Premises (e.g., office spaces, modulars) without any compensation due by Landlord to Tenant or, at Landlord's sole discretion, Tenant shall take the necessary steps to return the Premises to the configuration of the Premises as found by Tenant at the commencement of the Term absent any, or at the request of the City some but not all, of such improvements and in good order, condition, and repair. 11. Improvements. Any alterations, improvements, or installations of fixtures to be undertaken by Tenant shall have the prior written consent of the Landlord after Tenant has submitted such proposed alterations, improvements, or fixtures in writing to Landlord. 12. Tenant's Insurance. (a) Types. Tenant, at no cost and expense to Landlord, shall procure and keep in full force and effect during the Term, insurance policies meeting the minimum requirements set forth below: (i) Comprehensive general liability insurance with respect to the Premises and the operations of or on behalf of Tenant or its agents, officers, directors, and employees in, on or about the Premises in an amount not less than One Million Dollars ($1,000,000) per occurrence combined single limit bodily injury, personal injury, death and property damage liability per occurrence, subject to such increases in amount as Landlord may reasonably require from time to time. The policy or policies shall include that Landlord and its officers, employees, and agents shall be named as additional insureds under such policy or policies, with an endorsement evidencing same; (ii) Worker's compensation coverage as required by the laws of the State of California together with employer's liability coverage; and (iii) With respect to the improvements, fixtures, furnishings, equipment and other items of personal property located on or in the Premises, insurance against fire, peril of flood, extended coverage, vandalism and malicious mischief, and such other additional perils, hazards and risk as now are or may be included in standard "all risk" forms in general use in Riverside County, California, for an amount equal to not less than the full current actual replacement cost thereof. Landlord shall be named as an additional insured under such policy or policies and such insurance shall contain a replacement cost endorsement. (b) Standard. All policies of insurance required to be carried by Tenant under this Lease shall be written by responsible and solvent insurance companies authorized to do business in the State of California. A copy of each paid -up policy evidencing such insurance (appropriately authenticated by the insurer) or a certificate of the insurer, certifying that such policy has been issued, providing the coverage required by this to 105 -3- Section and containing provisions specified herein, as well as accompanying endorsements, shall be delivered to Landlord prior to the date Tenant is given the right of possession of the uniform Premises or as Landlord may otherwise require, and upon renewals, not less than thirty (30) days prior to the expiration of such coverage. 13. Events of Default. (a) An event of default (an "Event of Default") shall occur under this Lease if: (i) Tenant shall fail to perform any of the terms, conditions or covenants of this Lease to be observed or performed by Tenant and such failure shall continue for more than thirty (30) days thereafter, unless such default is of a nature that it cannot practically be cured within such thirty (30) day period but can be cured within a reasonable time but in no event later than ninety (90) days, and Tenant is proceeding with due diligence to cure such default; or (ii) Tenant's abandonment of the Premises in a manner not otherwise permitted herein. (b) The failure of Landlord to insist, in any one or more instances, upon a strict performance of any of the covenants of this Lease or to exercise any right or remedy contained herein, shall not be construed as a waiver or a relinquishment for the future of such covenant or option. 14. Termination. Landlord and Tenant can mutually agree to terminate this Lease by way of a written document reflecting the parties' desire to terminate. Tenant or Landlord can unilaterally terminate this Lease upon Tenant's locating and securing a new physical location for its operation. Upon any such aforementioned termination, Tenant shall surrender the Premises, in accordance with the provisions contained in this Lease, no later than the effective date of termination, and pay Rent to Landlord, on a pro rated basis, for each day leading up to the termination date. 15. Tenant's Indemnity. To the fullest extent, permitted by law, Tenant shall, at Tenant's sole expense and with counsel reasonably acceptable to Landlord, defend, indemnify, and hold harmless Landlord, its agents, and any and all affiliates of Landlord, including, without limitation, any public agency or other entities controlling, controlled by or under common control with Landlord, from and against any and all claims (including demands, losses, actions, causes of action, damages, liabilities, expenses, charges, assessments, fines or penalties of any kind, and costs including consultant and expert fees, court costs and attorney's fees) or liabilities from any cause arising out of or relating (directly or indirectly) to Tenant's use or occupancy of the Premises or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, and shall further defend, indemnify, and hold harmless Landlord, its agents, and affiliates against and from any and all claims or liabilities arising from any breach or default in the performance of any obligation on Tenant's part to be performed hereunder, or arising from any act or negligence of Tenant, or of its agents, employees, visitors, patrons, guests, invitees or licensees, including vendors, servicing Tenant, and from and against all costs, attorneys' fees, expenses and liabilities incurred in or about any -4- 106 such claims or liabilities or any actions or proceedings brought thereon. Notwithstanding the foregoing, Tenant shall not be liable for damage or injury occasioned by the gross negligence or willful misconduct of Landlord or its designated agents, servants or employees, unless covered by insurance Tenant is required to provide. This obligation to indemnify shall include Tenant's payment of reasonable attorneys' fees and investigation costs and all other reasonable costs, expenses and liabilities incurred or suffered by Landlord from Landlord's receipt of the first notice that any claim or demand is to be made or may be made. Tenant's indemnification obligation hereunder shall survive the expiration or earlier termination of this Lease until all claims against Landlord involving any of the indemnified matters are fully, finally, and absolutely barred by the applicable statues of limitation. 16. Right to Enter. Landlord shall have the right to enter the Premises (a) at reasonable hours upon prior reasonable notice to Tenant (verbal or written) for any purpose permitted or required by thus Lease; or (b) at any time that an emergency exists, to examine the Premises or to make such repairs and alterations as shall be reasonably necessary for the safety and preservation of the Premises. 17. Landlord Contact Person. During the Term, Tenant shall direct all questions, concerns, and correspondence regarding repairs or other issues relating to this Lease to Landlord's representative, Tom Genovese, at the address set forth in Section 24 herein. 18. Assignment and Subletting. Tenant shall not have the right to sublet the Premises, or any portion thereof, or to assign or mortgage Tenant's interest in this Lease, or any portion thereof, without the prior written consent of Landlord, which consent may be withheld in Landlord's sole and absolute discretion. In the case of any such subletting or assignment approved by Landlord, Tenant shall remain fully obligated to Landlord for the performance of all terms and conditions of this Lease. Notwithstanding the foregoing, Landlord may, without Tenant's consent, assign this Lease to any of its affiliates, successors or assigns. 19. Title. No part of this Lease shall be interpreted as conveying any portion of the title to the Premises or La Quinta Public Library to the Tenant. 20. Applicable Laws. Tenant hereby covenants and warrants that Tenant shall comply with all applicable laws, rules, and regulations, including, without limitation, Landlord's rules and regulations, in connection with its operations on the Premises. 21. Governing Law. This Lease shall be construed and applied in accordance with the laws of the State of California. 22. Severability. Any provision or provisions of this Lease which shall prove to be invalid, void, or illegal shall in no way affect, impair or invalidate any other provision, and the remaining provisions shall remain in full force and effect. 23. Headings. The headings of the various Sections of this Lease are inserted for reference only and shall not to any extent have the effect of modifying, amending or changing the express terms and provisions of this Lease. n 107 -5- 24. Notices. All notices, demands, elections, deliveries and other communications between Landlord and Tenant required or desired to be given in connection with this Lease ("Notices"), to be effective hereunder, shall, except as otherwise expressly provided in this Lease, be in writing, and shall be deemed to be given and received (a) when delivered personally; or (b) two (2) days after being deposited with a national overnight courier service (e.g., Federal Express) or with the United States Postal Service as certified mail, return receipt requested, in either event with all charges or postage prepaid and addressed as follows: If to Landlord, City of La Quinta 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92253 Attention: Thomas P. Genovese, City Manager With a Copy to: Rutan & Tucker, LLP 611 Anton Boulevard, 141" Floor Costa Mesa, CA 92626 Attention: M. Katherine Jenson, Esq. And if to Tenant, La Quinta Chamber of Commerce 78-275 Calle Tampico La Quinta, CA 92253 With a Copy to: Law Offices of Thomas McDermott 77530 Enfield Lane, Suite H-2 Palm Desert, CA 92211 Attention: Thomas McDermott Either Landlord or Tenant may from time to time designate another address for the receipt of future Notices by a Notice given as provided in this Section 24 to the other party at the address set forth herein, or as last provided by such other party in accordance with this Section 24. 25. Amendments and Waivers. Neither this Lease nor any term or provision hereof may be changed, waived, or discharged orally, but only by an instrument in writing signed by the party against which the enforcement of the change, waiver, or discharge is sought. 26. Successors and Assigns. Notwithstanding anything contained herein to the contrary, this Lease shall be binding upon and inure to the benefit, as the case may require, of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 26. Successors and Assigns. Notwithstanding anything contained herein to the contrary, this Lease shall be binding upon and inure to the benefit, as the case may require, of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 27. Rules and Regulations. Landlord shall have the right, from time to time, to issue reasonable rules and regulations regarding the use of the Premises. When so issued, such rules and regulations shall be considered a part of this Lease. Landlord shall not be liable to Tenant in the violation of any rules and regulations or the breach of any covenant or condition in any lease by any other of the Landlord's tenants. 28. Entire Agreement. This Lease contains the entire agreement of the parties with regard to the matters set forth herein. Any other agreements, promises or representations, oral or written, between the parties with respect to such matters are hereby superseded and merged into this Lease. 29. Execution of Counterparts. This Lease may be executed in several counterparts, each of which shall be an original but all of which shall constitute one and the same instrument. 30. Relationship Between the Parties. Notwithstanding the existence of other relationships between the parties to this Lease, this Lease only controls the relationship between Landlord, as Landlord under this Lease, and Tenant, as Tenant under this Lease. t 109 . -7- IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed to be effective as of the date first written above. CITY OF LA QUINTA, a public body, corporate and politic By: Thomas P. Genovese City Manager EVUU&N Veronica J. Montecino, City Clerk APPROVED AS TO FORM: M. Katherine Jenson City Attorney LA QUINTA CHAMBER OF COMMERCE, a California non-profit organization 91 110 N . u• i�J - � -ss •l;l nl 0 13 �yy •® 1 6 '- �- c510<� - �;�•� o- `, -a cam nFpICTION OF THE CLASSROOM - � • c�; • � •� car .. • �o . .r... _' 1p W-41i op :� •..!.1�:' �.�.'.: a {. ', . :.T l • (' 1 W'» - a.l: `.J' .,;-rn �; �s.v dr . .J-i •i Jf.; .�'�� _ �- yy�� 'I P4� t e`�.• �`��+kY � 1- j, [ r I ,.'.•_I I�I � ot ♦� 1 .:.+ � � - •; fir, 0 � �. �: _ .1. �/ rN 1'` �i I .�! L � N .� y.(I% �/. C I ,� /-, r! � /�II.•t.� 1/' REPORTS & INFORMATIONAL ITEMS: l p COMMUNITY SERVICES COMMISSION MINUTES September 12, 2011 CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 5:32 p.m. by Chairperson Fitzpatrick. Commissioner Lawrence led the Pledge of Allegiance. PRESENT: Commissioners Blakeley, Engel, Fitzpatrick, Lawrence, and Leidner STAFF PRESENT: Edie Hylton, Community Services Director; Steve Howlett, Golf & Parks Manager; Robert Ambriz Jr., Recreation Supervisor; Tustin Larson, Recreation Supervisor; and Angela Guereque, Senior Secretary PUBLIC COMMENT - None. CONFIRMATION OF AGENDA Motion - It was moved by Commissioners Leidner/Engel to confirm the agenda as submitted. Motion carried unanimously. PRESENTATIONS - None. APPROVAL OF MINUTES 1. Approval of July 11, 2011 Minutes Motion - It was moved by Commissioners Blakeley/Leidner to approve the minutes as submitted. Motion carried unanimously. CONSENT CALENDAR - None. BUSINESS SESSION 1. Consideration of Commission Meeting Dates Director Hylton presented the staff report. ' 113 Community Services Commission Minutes September 12, 2011 _2_ Motion - It was moved by Commissioners Lawrence/Blakeley to approve the Community Services Commission meeting dates as submitted. Motion carried unanimously. 2. Consideration of Fees and Charges Policies Update. Director Hylton presented the staff report. Supervisor Ambriz Jr. presented the Facility Use Fee information on the six fee recommendations. Commissioner Blakeley asked how the fees were figured. Supervisor Ambriz stated that too drastic of an increase might cause a loss in rentals. The increased amounts are comparable to Desert Recreation District rentals in local cities. Chairperson Fitzpatrick asked if there are deposits in place for the parks. Supervisor Ambriz stated that deposits are in place for Fritz Burns and La Quinta Park at $50, Senior Center at $500, and the Civic Center Campus at $100 for the existing rental fees. Supervisor Larson presented the Non-resident fee changes for programs, events, and excursions. Commissioner Lawrence asked how the participants will prove their residency. Supervisor Larson stated that the system will automatically acknowledge residency by the zip code that the participant enters during registration. Motion - It was moved by Commissioners Lawrence/Leidner to recommend for City Council consideration the proposed Fees and Charges Policies Update. Motion carried unanimously. 3. Consideration of the 201 1 /2012 Community Services Marketing Plan. Supervisor Larson presented the staff report. Motion - It was moved by Commissioners Blakeley/Engel to approve the 201 1 /2012 Community Services Marketing Plan. Motion carried unanimously. STUDY SESSION - None. DEPARTMENT REPORTS 1. Department Report for June 2011 2. Department Report for. July 2011 114 Community Services Commission Minutes -3- September 12, 2011 3. Department Report for August 2011 COMMISSIONER ITEMS 1. Report from Commissioners Regarding Meetings Attended. 2. Calendar of Monthly Events PUBLIC HEARING - None. OPEN DISCUSSION ADJOURNMENT It was moved by Commissioners Blakeley/Lawrence to adjourn the Community Services Commission meeting at 6:15 p.m. Motion carried unanimously. NEXT MEETING INFORMATION: A Regular Meeting of the Community Services Commission to be held on October 10, 2011 commencing at 5:30 p.m. in the City of La Quinta Study Session Room, 78-495 Calle Tampico, La Quinta, CA 92253. 3ry 115 Department Report: ' A � T ojc Qum& cE �.f 9w5 �OFTKF TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: November 1, 2011 I SUBJECT: Department Report - Response to Public Comments The following public comments were made at the October 18, 2011 City Council meeting: 1. Syiah Nix, Unit Director President Gerald R. Ford Boys & Girls Club of La Quinta, along with the teens of the Keystone Community Group, who were in the audience, thanked the City Council for their continued support for the youth activities. 2. Cheryl Isen, 78-015 Delta Street, Bermuda Dunes, stated she has been a resident of Bermuda Dunes for 24 years. She expressed her concern regarding having heard the City of La Quinta has rescinded their approval of the Fred Waring Road expansion and asked for clarification. City Manager Genovese responded a report will be provided to the City Council at a future meeting: ". 116 Department Report: f a �a�T�•c FM OF LKE9 TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: November 1, 2011 f SUBJECT: Department Report — Update Regarding Fred Waring Drive Improvements between Adams Street and Port Maria Road Since December 2009, City and County staff have been working on the preferred alternative for the Fred Waring Drive improvements between Adams Street and Port Maria Road. The alternative that was recommended by City and County staff would widen and elevate the west bound lanes on the north side of Fred Waring Drive. This would require shifting the southerly curb and gutter five (5) feet to the south between Chapelton Drive and Dune Palms Road. This alternative would also minimize right-of-way acquisition and have the least impact to homes on the north side of the street. This alternative would also allow parking on the north side of Fred Waring Drive and would provide a refuge lane for vehicles entering and exiting the driveways and for mail delivery vehicles. No striped bike lane would be provided; however, bicycles could use the widened shoulder on the north side of the road. A general plan amendment would therefore be required for this alternative. The alternative also calls for a soundwall to be constructed along the entire frontage of the south side of Fred Waring Drive between Adams Street and Dune Palms Road. On June 7, 2011 the City Council approved a Memorandum of Understanding (MOU) to allow the County to move forward with this alternative as the preferred alternative for environmental processing of the project. On June 15, 2011 while city staff was meeting with the Coachella Valley Association of Governments (CVAG) on another matter, a senior CVAG staff member mentioned that they were unaware that the City and County were working on an MOU for Fred Waring Drive and that CVAG did not have a funding agreement a 117 for this project. Without funding being in place, staff believed it not prudent to commit the City to the Fred Waring Improvements and therefore recommend rescinding the Fred Waring Drive MOU, which was subsequently approved by City Council on June 21, 2011. On July 27, 2011 the City received an email from CVAG indicating that the CVAG was in agreement in concept with the County on the funding for the project; however this agreement had not been formalized. Therefore, CVAG is now ready to enter into the agreement to fund 75% of the project with the County of Riverside paying for the remaining 25%. City staff has set a meeting date (November 17, 201 1) to review the funding and preferred alternative with the County. In recent conversations CVAG, staff has indicated that perhaps a six -lane facility is not necessary at this time, which would have an impact on the recommended option for the street widening. Staff will report back to the City Council after the referenced meeting. -." 118 Department Report: Y.rc OwS� OF T1 TO: The Honorable Mayor and Members of the City Council FROM: Les Johnson, Planning Directo DATE: November 1, 2011 SUBJECT: Department Report - General Plan Monthly Update Planning and Public Works staff continued their work through October revising the draft Traffic Impact Analysis (TIA). Meetings were held between City staff and Terra Nova on October 15`h and 1 gth in order to more closely examine the ultimate vehicle capacities and designs of each intersection identified in the TIA as not being in compliance with the level of service standard at the build out year of 2035. Staff is currently revising the recommendations of the report and will be able to proceed with updating the remainder of the General Plan once it is completed. Staff will be focusing on completing the Land Use section of the General Plan update and finalizing the preferred alternative land use map in the next 60 days. n 119 COUNCIL/RDA MEETING DATE: November 1, 2011 ITEM TITLE: Continued Public Hearing to Consider a Resolution Adding Certain Alternative Conditions of Approval to Four Tract Maps Allowing the Design and Construction of Raised Medians in Lieu of Traffic Signals for Tract Map Nos. 25500-4, 28603- 1, 28838-1, and 29147-1, KSL Land Corporation and Approving a Cash Payment for Remaining Off - Site Improvements Associated With Tract Map 28960 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Open the public hearing and move to continue the hearing to consider a resolution adding certain alternative conditions of approval to four tract maps allowing the design and construction of raised medians in lieu of traffic signals for Tract Map Nos. 25500- 4, 28603-1, 28838-1, and 29147-1, KSL Land Corporation and approving a cash payment for remaining off -site improvements associated with Tract Map 28960, to the regularly scheduled City Council meeting of December 6, 2011. BACKGROUND AND OVERVIEW: KSL Land needs more time to complete a traffic study and is therefore requesting a continuance of this item to the City Council meeting of November 15, 2011 (Attachment 1). Staff believes it will take at least until the end of November for the developer to supply the necessary technical support documents to staff and the PGA West Homeowners Association Board and allow enough time to review the documents before the public hearing can be held, and therefore recommends continuing this item to no sooner than December 6, 2011. FINDINGS AND ALTERNATIVES: 1. Open the public hearing and move to continue the hearing to consider a resolution adding certain alternative conditions of approval to four tract maps allowing the design and construction of raised medians in lieu of traffic signals for Tract Map Nos. 25500-4, 28603-1, 28838-1, and 29147-1, KSL Land 4 120 Corporation and approving a cash payment for remaining off -site improvements associated with Tract Map 28960, to the regularly scheduled City Council meeting of December 6, 2011, at 7:00 p.m.; 2. Open the public hearing and move to continue the hearing to consider a resolution adding certain alternative conditions of approval to four tract maps allowing the design and construction of raised medians in lieu of traffic signals for Tract Map Nos. 25500-4, 28603-1, 28838-1, and 29147-1, KSL Land Corporation and approving a cash payment for remaining off -site improvements associated with Tract Map 28960, to the regularly scheduled City Council meeting of November 15, 2011, at 7:00 p.m.; 3. Conduct the public hearing this evening Adopt a Resolution of the City Council: A. Adding Condition 26A to Tract Map No. 25500-4 which reads: "26A. In lieu of Condition 26, the applicant may design and construct a "worm" configured raised median that prohibits left turns out at the Winged Foot access to Tract 25500-4 on Madison Street (PGA West Residential Area 1 and Eagle Bend entrance) by June 30, 2012 and pay $500,000 (total amount for Tracts 25500-4, 28603-1, 28838-1 and 29147-1) to the City's Transportation DIF Fund." B. Adding Condition 22A(1) to Tract Map No. 28603-1 and Condition 22B(1) to Tract Map No. 28838-1 which respectively read: 1. "22A(1). In lieu of Condition 22A, the applicant may design and construct 50% of a "worm" configured raised median that prohibits left turns out at the Weiskopf access to Tract 28603-1 on Madison Street (Master Series entrance) by June 30, 2012, and pay $500,000 (total amount for Tracts 25500-4, 28603-1, 28838-1 and 29147-1) to the City's Transportation DIF Fund." 2. "226(1). In lieu of Condition 22B, the applicant may design and construct 50% of a "worm" configured raised median that prohibits left turns out at the Legends Way access to Tract 28838-1 on Madison Street (Master Series entrance) by June 30, 2012, and pay $500,000 (total amount for Tracts 25500-4, 28603-1, 28838-1 and 29147-1) to the City's Transportation DIF Fund." 0 121 C. Adding Condition 35A(3)(a) to Tract Map No. 29147-1 which reads: "35A(3)(a). In lieu of Condition 35A(3), the applicant may pay cash in the amount of $31,000 to the City for the design and construction of one half of a "worm" configured raised median that prohibits left turns out of the Troon Way access to Tract 29147-1 on Madison Street (Legends and Summit entrance), and design and construct a "pork chop" configured raised median that prohibits left turns in to and out of the Black Diamond access to Tract 29147-1 on Avenue 58 (Pasadera and Summit entrance) by June 30, 2012 and pay $500,000 (total amount for Tracts 25500-4, 28603-1, 28838-1 and 29147-1) .to the City's Transportation DIF Fund." D. Adding Condition 22F to Tract Map No. 28960 which reads: "22F. In lieu of Conditions 22B, D, and E, the applicant may pay cash in the amount of $963,125 (KSL already deposited $390,541.81 for the interim Avenue 58 off -site improvements) for the design and construction of one quarter of the traffic signal at Madison Street and Avenue 58 and the off -site improvements on Avenue 58 associated with Tract 28960; or 4. Provide staff with alternative direction. Respectfully submitted, T mothy R. na o , P.E. Public Work Dir for/City Engineer Approved for submission by: 4Tomas P. Genovese, City Manager Attachment: 1 . Letter dated October 18, 2011 from KSL Land I, LLC 4 122 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF.THE CITY OF LA QUINTA, CALIFORNIA, ADDING CERTAIN ALTERNATIVE CONDITIONS OF APPROVAL FOR TRACT MAP NOS. 25500-4, 28603-1, 28838-1, AND 29147-1 AND APPROVING A CASH PAYMENT FOR THE REMAINING OFF -SITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP NO. 28960 WHEREAS, the City Council approved the Conditions of Approval for Tentative Tract Map 25500, Amendment #1 on July 31, 1990, Tentative Tract Map 28603 on November 17, 1998, Tentative Tract Map 28838 on July 20, 1998, Tentative Tract Map 29147 on December 7, 1999, and Tentative Tract Map 28960 on November 17, 1998; and WHEREAS, the City currently holds developer securities for: a) 100% of the design and construction of a traffic signal at the Winged Foot access to Tract 25500-4 on Madison Street, b) the design and construction of 50% of a traffic signal at the Weiskopf access to Tract 28603-1 on Madison Street, c) the design and construction of 50% of the traffic signal at the Legends Way access to Tract 28838-1 on Madison Street, d) the design and construction of 50% of the traffic signal at the Troon Way access to Tract 29147-1 on Madison Street, e) the design and construction of 100% of the traffic signal at the Black Diamond access to Tract 29147-1 on Avenue 58, and f) the design and construction of 75% of full right -of -way -off -site improvements along a length equal to the length of the PGA West Specific Plan 83-002 development that fronted Avenue 58, the Interlachen extension off -site improvements, and the design and construction of 25% of the traffic signal at Avenue 58 and Madison Street; and WHEREAS, the developer requested to pay cash to satisfy the remaining off - site improvements for Tract Map 28960, which includes one quarter of the traffic signal at Madison Street and Avenue 58 and the off -site improvements on Avenue 58 associated with this tract; and WHEREAS, the developer has requested to not be obligated to design and construct 4 traffic signals associated with Tract Maps 25500-4, 28603-1, 28838- 1, and 29147-1 on the basis that fewer units have been constructed for PGA West than were originally entitled. Specifically, the developer is requesting to not be obligated to design and construct three traffic signals on Madison Street: the Winged Foot access to Tract 25500-4 ("PGA West Residential Area 1" & "Eagle Bend"), the Weiskopf/Legends Way access to Tract 28603-1 and Tract 28838-1 ("Master Series"), and the Troon Way access to Tract 29147-1("Legends" & p 123 Resolution No. 2011- KSL Land Corporation Adopted: November 1, 2011 Page 2 "Summit" entrance), as well as one traffic signal on Avenue 58 at the Black Diamond access to Tract 29147-1 ("Pasadera" & "Summit" entrance); and WHEREAS, the City Traffic Engineer supports the recommendation to eliminate the 4 traffic signals as long as the developer designs and constructs "worm" configured raised medians to prevent left turns out of the Winged Foot access (Tract 25500-4), Weiskopf/ Legends Way access (Tract 28603-1 and 28838-1), and the Troon Way access on Madison Street (Tract 29147-1) and designs and constructs a "pork chop" configured raised median to prevent left turns into and out of the access at the Black Diamond entry (Tract 29147-1) on Avenue 58; and WHEREAS, the aforementioned Tract Maps 25500 and 28838, during their respective Tentative Tract Map application review, were deemed exempt from the California Environmental Quality Act (CEQA) per Public Resources Government Code Section 65457(a) and CEQA Guidelines, Section 15182, as an Environmental Impact Report (SCH# 83062922) was prepared for the PGA West Specific Plan (SP 83-002) and certified by the City Council on May 1, 1984. No changed circumstances or conditions were deemed to exist which would have triggered the preparation of any subsequent environmental analysis on the aforementioned Tract Maps pursuant to Public Resources Code Section 21166; and WHEREAS, the aforementioned Tract Maps 28603 and 29147, during their respective Tentative Tract Map application review, were deemed exempt from CEQA per Public Resources Government Code Section 65457(a) and CEQA Guidelines, Section 15182, as an Environmental Impact Report (SCH# 90020727) was prepared for Specific Plan 90-017 and certified by the City Council on December 3, 1991 . No changed circumstances or conditions were deemed to exist which would have triggered the preparation of any subsequent environmental analysis on the aforementioned Tract Maps pursuant to Public Resources Code Section 21166; and WHEREAS, the La Quinta Planning Director and City Traffic Engineer have determined that modification of final map requirements, such as the subject conditions of approval which implement their respective final maps do not trigger the need for further CEQA review, as they do not give rise to the circumstances identified in PRC Section 21166. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: to 124 Resolution No. 2011- KSL Land Corporation Adopted: November 1,2011 Page 3 1. Condition 26A is hereby added to Tract Map No. 25500-4 which reads: "26A. In lieu of Condition 26, the applicant may design and construct a "worm" configured raised median that prohibits left turns out at the Winged Foot access to Tract 25500-4 on Madison Street (PGA West Residential Area 1 and Eagle Bend entrance) by June 30, 2012 and pay $500,000 (total amount for Tracts 25500-4, 28603-1, 28838-1 and 29147-1) to the City's Transportation DIF Fund." 2. Condition 22A(1) is hereby added to Tract Map No. 28603-1 and Condition 2213(1) to Tract Map No. 28838-1 which respectively read: 'a. "22A(1). In lieu of Condition 22A, the applicant may design and construct a 50% of a "worm" configured raised median that prohibits left turns out at the Weiskopf access to Tract 28603-1 on Madison Street (Master Series entrance) by June 30, 2012, and pay $500,000 (total amount for Tracts 25500-4, 28603-1, 28838-1 and 29147-1) to the City's Transportation DIF Fund." b. "226(1). In lieu of Condition 22B, the applicant may design and construct a 50% of a "worm" configured raised median that prohibits left turns out at the Legends Way access to Tract 28838-1 on Madison Street (Master Series entrance) by June 30, 2012, and pay $500,000 (total amount for Tracts 25500-4, 28603-1, 28838-1 and 29147-1) to the City's Transportation DIF Fund." 3. Condition 35A(3)(a) is hereby added to Tract Map No. 29147-1 which reads: "35A(3)(a). In lieu of Condition 35A(3), the applicant may pay cash in the amount of $31,000 to the City for the design and construction of one half of a "worm" configured raised median that prohibits left turns out of the Troon Way access to Tract 29147-1 on Madison Street (Legends and Summit entrance), and design and construct a "pork chop" configured raised median that prohibits left turns into and out of the Black Diamond access to Tract 29147-1 on Avenue 58 (Pasadera and Summit entrance) by June 30, 2012 and pay $500,000 (total amount for Tracts 25500-4, 28603-1, 28838-1 and 29147-1) to the City's Transportation DIF Fund." 4. Condition 22F is hereby added to Tract Map No. 28960 which reads: "22F. In lieu of Conditions 22B, D, and E, the applicant may pay cash in the amount of $963,125 (KSL has already deposited $390,541.81 for interim Avenue 58 off -site improvements) for one quarter of the design and construction of a -N., 125 Resolution No. 2011- KSL Land Corporation Adopted: November 1, 2011 Page 4 traffic signal at Madison Street and Avenue 58 and additionally the off -site improvements on Avenue 58 associated with Tract 28960. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 1" day of November, 2011, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 126 ATTACHMENT 1 KSL Land I, LLC Via Facsimile (760) 777-7155 and email October 18, 2011 Tim Jonasson Director, Public Works Department City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Re: PGA West J Release of Improvement Obligations Request for Continuance Dear Mr. Jonasson: Following up on the meeting with staff on October 5, 2011, please consider this a formal request for a two week continuance of our currently scheduled November 1, 2011 City Council hearing to November 15, 2011. So you are aware, much of the updated traffic counts requested by the City have been completed, and the updated report (also containing the requested additional analysis) is in process. Once that report is completed, we will submit a copy to the Citv. Shortly thereafter, we will plan on meeting with the HOA and provide you with an update on anything that comes from that meeting. We believe this will allow us to meet all of the City's requests, with only a two week extension of the scheduled hearing. Also, we are not requesting any action on the part of the City in connection with the Kingston Heath obligations at this time, and so they would not need to be addressed at the hearing. We appreciate your continued cooperation and if you have any questions, please do not hesitate to contact me Sincerely, Chex'is Hosea V.P. Development cc: Ed Wimmer Doug Yavanian Jon Rodrigue 2100 Costa Del Mar Road, Carlsbad, CA 92009 Office: 760-438-9111 Ext. 4423 a 127 /bq, 2E M. Katherine Jenson City Attorney City of La Quinta Rutan and Tucker, LLP P.O. Box 1950 Costa Mesa, CA. 92628-1950 07/29/11 � - %= ' � • . ,, � ._ CEMENEM • ' Y .:.. Pealty I AUG I , city GF LP IWNIA PIT P MANAGERS OUI RE: Analysis of the Potential Effect of KSL Land Corporation's Request to Modify Certain Off -Site Traffic Improvements at PGA West on the Value of the PGA West Master HOA Common Area and the Home of Mayor Don Adolph Dear Ms. Jenson, Thank you for the opportunity to provide my services to the City of La Quinta as your local real estate expert regarding any potential conflict of interest with respect to the participation and/or actions of Mayor Don Adolph in his capacity as a La Quinta City Council member as they pertain to the Proposed Off -Site Traffic Improvements located along Madison Street and Avenue 58. Pursuant to your request, I have analyzed the potential economic effect that such actions relating to these Off -Site Traffic Improvements might have on either the personal residence of Mayor Adolph or on any of the Common Areas of the PGA West community in which he resides. By way of background, my qualifications to render this opinion include the following: I am a California Licensed Real Estate Broker; I am the co-owner of La Quinta Palms Realty and have been practicing Real Estate Sales and Property Management in La Quinta since 1982; I have valued, listed, and sold numerous properties in PGA West and the surrounding Communities; I have a BA in Economics from the University of California at Irvine. KSL Land Corporation ("KSL") has filed a request to modify certain off -site conditions of approval for four already approved tract maps within the PGA West communities. The scope of this professional opinion shall be limited to the assessment of whether the City Council's granting or denying KSL's request might have any effect on the value of the common area owned by the PGA West Master HOA ("HOA") or on the value of Mayor Adolph's personal residence. My analysis of whether there is any potential financial effect on the Mayor's real property interests is based upon the "one penny rule" which requires that any actions taken by Mayor Adolph with regard to the proposed modifications will not affect the value (even by one penny) of the PGA West Master HOA common areas and properties or the Mayor's personal residence. 51001 Eisenhower Dr. La Quinta, CA. 92253 (760) 564-4104 F: (760) 564-0344 Based upon my knowledge of the area and the circumstances in this situation, the use and maintenance of the Master HOA common areas and property are not affected by the proposed Modifications/Traffic Improvements. These common areas and properties consist mainly of private roadways, common area landscaping, medians, walkways, guard houses/gates, and other private common amenities (pool/spa areas). The majority of these items and areas are private and secluded away from the public by the walls surrounding their gated community. Those improvements and properties located outside of these walls run parallel to the public roadways. The proposed Modifications/Traffic Improvements are specific to the public roadways leading to and from these PGA West communities and propose to modify existing, previously approved center medians to alter traffic patterns and eliminate the need for stop lights at certain intersections. It is my opinion that neither the intrinsic or aesthetic value of the Master HOA common areas and/or property would be affected by the proposed Modifications/Traffic Improvements. The personal residence of Mayor Adolph is located at 55-105 Riviera and is approximately 7,300 feet (1.38 miles) as the crow flies from the closest proposed Modification/Traffic Improvement. In addition to this great distance, Mayor Adolph's residence is located in a tract that is not being proposed for modification and takes its access exclusively from PGA West Blvd. which is wholly unaffected from any of the proposed modifications or resulting traffic flows which could result from such modifications. The decision to approve or disapprove KSL's requests for modifications will not have any positive or negative impact on the value of Mayor Adolph's personal residence. It is therefore my independent and professional real estate opinion that any actions taken by Mayor Adolph as a voting member of the City Council for the City of La Quints (within the scope of this letter) with regard to the proposed modifications to the Off -Site Traffic Improvements located along Madison Street and Avenue 58 will have No Impact on the economic value of the PGA West Master HOA common areas and properties or his personal residence. Please do not hesitate to contact me with any questions regarding the contents of this letter. As always, it is a pleasure to be of service to you and the City of La Quinta. Respectfully Submitted, Bruce Y. Cathcart La Quinta Palms Realty Broker#00915271 51001 Eisenhower Dr. La Quinta, CA. 92253 (760) 564-4104 F: (760) 564-0344 129