2014 09 16 CCCITY COUNCIL
AGENDA
CITY HALL COUNCIL CHAMBERS
78-495 Calle Tampico, La Quinta
REGULAR MEETING ON TUESDAY, SEPTEMBER 16, 2014
3:00 P.M. CLOSED SESSION | 4:00 P.M. OPEN SESSION
CALL TO ORDER
ROLL CALL: Councilmembers: Evans, Franklin, Henderson, Osborne, Mayor Adolph
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the City Council on any matter not listed
on the agenda. Okd`rd bnlokdsd ` !qdptdrs sn rod`j! enql `mc khlhs xntq bnlldmsr sn
sgqdd lhmtsdr- The City Council values your comments; however in accordance with State
law, no action shall be taken on any item not appearing on the agenda unless it is an
emergency item authorized by GC 54954.2(b).
CLOSED SESSION
1.Conference with Real Property Negotiators pursuant to Government Code
Section 54956.8 for property located at: SilverRock Resort (APNs 770-200-
026; 776-150-021; 776-150-023; 770-060-056; 770-060-057; 770-060-
058; 770-060-059; 770-060-061; 770-060-062; 777-490-004; 777-490-
006; 777-490-007; 777-490-012 AND 777-490-014);
Agency Negotiator: Frank J. Spevacek, City Manager;
Negotiating Parties: John Gamlin, Meriwether Companies; Robert S. Green,
Jr., The Robert Green Company;
Under Negotiation: Price and terms of payment for acquisition and/or
disposition of the property identified.
QDBDRR SN BKNRDC RDRRHNM
RECONVENE AT 4:00 P.M.
CITY COUNCIL AGENDA 1
SEPTEMBER 16, 2014
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the City Council on any matter not listed
on the agenda. Okd`rd bnlokdsd ` !qdptdrs sn rod`j! enql `mc khlhs xntq bnlldmsr sn
sgqdd lhmtsdr- The City Council values your comments; however in accordance with State
law, no action shall be taken on any item not appearing on the agenda unless it is an
emergency item authorized by GC 54954.2(b).
CONFIRMATION OF AGENDA
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS
NONE
CONSENT CALENDAR
PAGE
NOTE: Consent Calendar items are routine in nature and can be approved by one motion.
1.APPROVE MINUTES OF JULY 29, 2014 AND AUGUST 5, 2014
7
2.APPROVE DEMAND REGISTERS DATED JULY 25, AUGUST 1,
17
AUGUST 8 AND AUGUST 22, 2014
3.EXCUSE MEETING ABSENCES FOR PLANNING COMMISSIONERS
55
BLUM AND FITZPATRICK AND INVESTMENT ADVISORY BOARD
MEMBER DONAIS
4.APPROVE A MEMORANDUM OF UNDERSTANDING WITH
57
COACHELLA VALLEY RESCUE MISSION TO SUPPORT
OPERATIONS
5.DENIAL OF CLAIM FOR DAMAGES FILED BY: VERIZON; DATE OF
63
LOSS NOVEMBER 12, 2013
6.APPROVE ADDITION OF AN EMERGENCY SERVICES
65
COORDINATOR TO THE AGREEMENT FOR FIRE PROTECTION,
FIRE PREVENTION, RESCUE, AND MEDICAL AID WITH THE
COUNTY OF RIVERSIDE
7.ACCEPT GRANT FUNDS FROM CALIFORNIA INDIAN GAMING
67
SPECIAL DISTRIBUTION FUND, TRILOGY AT LA QUINTA
COMMUNITY SERVICES ORGANIZATION, AND EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT 2014; ESTABLISH THE
NECESSARY CITY FUNDS; AND APPROPRIATE GRANT FUNDS
CITY COUNCIL AGENDA 2
SEPTEMBER 16, 2014
PAGE
8.ADOPT RESOLUTION SUPPORTING THE COUNTY OF RIVERSIDE
69
BOARD OF SUPERVISORS AND ITS OFFICE OF MILITARY AND
CLOSURE OF LOCAL AND REGIONAL MILITARY INSTALLATIONS
\[RESOLUTION 2014-045\]
9.ADOPT RESOLUTION GRANTING CONDITIONAL APPROVAL OF
75
FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT
ASSOCIATED WITH THE SIGNATURE DEVELOPMENT
\[RESOLUTION
2014-046\]
10.APPROVE COMPENSATION AGREEMENTS WITH TAXING
99
ENTITIES REGARDING THE DISPOSITION AND USE OF FORMER
REDEVELOPMENT AGENCY PROPERTIES
11.ADOPT RESOLUTIONS ACCEPTING DEDICATION OF EASEMENTS
165
OVER VARIOUS LOTS IN NORTH LA QUINTA FOR PUBLIC
LANDSCAPE PURPOSES
\[RESOLUTION 2014-047 THROUGH RESOLUTION
2014-053\]
12. JUNE 30
185
AND JULY 31, 2014
BUSINESS SESSION
ADOPT RESOLUTIONS TO DECLARE LOCAL EMERGENCY;
207
1.
REQUEST GOVERNOR TO PROCLAIM STATE OF EMERGENCY;
REQUEST CONCURRENCE BY CALIFORNIA OFFICE OF
EMERGENCY SERVICES; AND APPROVE TEMPORARY WAIVER OF
BUILDING PERMIT FEES FOR WORK RESULTING FROM FLOOD
DAMAGE
\[RESOLUTION 2014-054 THROUGH RESOLUTION 2014-056\]
STUDY SESSION
1.UPDATE ON BIGHORN SHEEP PROTECTION FENCE ALONG THE
215
BASE OF CORAL MOUNTAIN REQUIRED BY STATE AND FEDERAL
AGENCIES
2.OVERVIEW OF SILVERROCK RESORT DEVELOPMENT PROGRAM
233
CITY COUNCIL AGENDA 3
SEPTEMBER 16, 2014
REPORTS AND INFORMATIONAL ITEMS
1.CVAG CONSERVATION COMMISSION
(Evans)
2.CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE
(Evans)
3.GREATER PALM SPRINGS CONVENTION & VISITORS BUREAU
(Evans)
4.ANIMAL CAMPUS COMMISSION
(Franklin)
5.CALIFORNIA JOINT POWERS INSURANCE AUTHORITY
(Franklin)
6.CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE
(Franklin)
7.COACHELLA VALLEY ECONOMIC PARTNERSHIP
(Franklin)
8.COACHELLA VALLEY MOUNTAINS CONSERVANCY
(Franklin)
9.JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY
(Franklin)
10.CVAG PUBLIC SAFETY COMMITTEE
(Henderson)
11.CVAG TRANSPORTATION COMMITTEE
(Henderson)
12.LEAGUE OF CALIFORNIA CITIES DELEGATE
(Henderson)
13.RIVERSIDE COUNTY TRANSPORTATION COMMISSION
(Henderson)
14.CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE
(Osborne)
15.DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE
(Osborne & Franklin)
16.
(Osborne)
17.COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE
(Adolph)
18.CVAG EXECUTIVE COMMITTEE
(Adolph)
19.SO. CALIFORNIA ASSOCIATION OF GOVERNMENTS DELEGATE
(Adolph)
20.SUNLINE TRANSIT AGENCY
(Adolph)
PAGE
21.PALM SPRINGS AIRPORT COMMISSION REPORT
241
22.INVESTMENT ADVISORY BOARD MINUTES DATED JUNE 11,
243
2014
23.ARCHITECTURAL AND LANDSCAPING REVIEW BOARD MINUTES
245
DATED JUNE 4, 2014
24.PLANNING COMMISSION MINUTES DATED JUNE 26, JULY 8
247
AND JULY 22, 2014
DEPARTMENTAL REPORTS
1.CITY MANAGER
2.CITY ATTORNEY
3.CITY CLERK
A.UPCOMING EVENTS AND CITY CALENDAR
259
B.
263
CITY COUNCIL AGENDA 4
SEPTEMBER 16, 2014
PAGE
4.COMMUNITY SERVICES
A.DEPARTMENT REPORT JULY/AUGUST 2014
265
B.LIBRARY AND MUSEUM QUARTERLY REPORT
281
5.PUBLIC WORKS
A.DEPARTMENT REPORT JULY/AUGUST 2014
287
B.CONSTRUCTION COST ESTIMATING FOR CAPITAL
298
IMPROVEMENT PROJECTS
PUBLIC HEARINGS NONE
ADJOURNMENT
*********************************
The next regular meeting of the City Council will be held on October 7, 2014,
commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. at
the City Hall Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253.
DECLARATION OF POSTING
I, Susan Maysels, City Clerk, of the City of La Quinta, do hereby declare that the
foregoing Agenda for the La Quinta City Council meeting was posted
website, near the entrance to the Council Chambers at 78-495 Calle Tampico, and
the bulletin boards at the Stater Brothers Supermarket at 78-630 Highway 111,
and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on September
12, 2014.
DATED: September 12, 2014
SUSAN MAYSELS, City Clerk
City of La Quinta, California
CITY COUNCIL AGENDA 5
SEPTEMBER 16, 2014
Public Notices
The La Quinta City Council Chamber is handicapped accessible. If special
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,
777-7103. A one (1) week notice is required.
If background material is to be presented to the Councilmembers 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(s) on this agenda will be made available for public inspection at the Community
Development counter at City Hall located at 78-495 Calle Tampico, La Quinta,
California, 92253, during normal business hours.
CITY COUNCIL AGENDA 6
SEPTEMBER 16, 2014
CONSENT:1
CITY COUNCIL
MINUTES
SPECIAL MEETING
TUESDAY, JULY 29, 2014
A special meeting of the La Quinta City Council was called to order at 6:00 p.m. by
Mayor Adolph.
PRESENT: Councilmembers Evans, Franklin, Henderson, Osborne, Mayor Adolph
ABSENT: None
PUBLIC COMMENT ON MATTERS NOT ON AGENDA
None
CLOSED SESSION
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT:
SILVERROCK RESORT (APNS 770-200-026; 776-150-021; 776-150-023; 770-
060-056; 770-060-057; 770-060-058; 770-060-059; 770-060-061; 770-060-062;
777-490-004; 777-490-006; 777-490-007; 777-490-012 AND 777-490-014);
AGENCY NEGOTIATOR:FRANK J. SPEVACEK, CITY MANAGER;
NEGOTIATING PARTIES: JOHN GAMLIN, MERIWETHER COMPANIES;
ROBERT S. GREEN, JR., THE ROBERT GREEN COMPANY;
UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT FOR
ACQUISITION AND/OR DISPOSITION OF THE PROPERTY IDENTIFIED.
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT:
EAST OF JEFFERSON STREET, SOUTH OF PALM CIRCLE DRIVE, AND
NORTH OF THE WHITEWATER STORMWATER CHANNEL (APNS 600-080-
001; 600-080-002; 600-080-003; 600-080-004; 600-080-005; 600-080-006; 600-
080-007; 600-080-008; AND 600-080-009);
AGENCY NEGOTIATOR: LES JOHNSON, COMMUNITY DEVELOPMENT
DIRECTOR;
NEGOTIATING PARTIES: JIM SNELLENBERGER, SNELLENBERGER
FAMILY INV. L.L.C.;
UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT FOR
ACQUISITION AND/OR DISPOSITION OF THE PROPERTY IDENTIFIED.
COUNCIL RECESSED TO CLOSED SESSION AT 6:02P.M.
CITY COUNCIL MINUTES 1
JULY 29, 2014
7
MAYOR ADOLPH RECONVENED THE CITY COUNCIL MEETING AT
7:05 P.M. WITH ALL MEMBERS PRESENT. NO ACTIONS WERE
TAKEN IN CLOSED SESSION THAT REQUIRES REPORTING
PURSUANT TO GOVERNMENT CODE SECTION 54957.1 (BROWN
ACT).
Mayor Adolph led the audience in the pledge of allegiance.
PUBLIC COMMENT ON MATTERS NOT ON AGENDA
None
CONFIRMATION OF AGENDA
Confirmed
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS
None
CONSENT CALENDAR
None
BUSINESS SESSION
None
STUDY SESSION
1. PRESENTATION OF SURVEY RESULTS ON CITY SERVICES AND
VIABILITY OF A LOCAL SALES TAX MEASURE
Assistant to City Manager Chris Escobedo presented the staff report along with
consultants Adam Sonenshein of FM3 Research and Colleen Crowley of Lew Edwards
Group. The staff report and accompanying power point presentation is on file in the City
The Council concurred that a sales tax increase measure was necessary to maintain
the quality of life in the City, but they did not agree on when such a ballot measure
should be brought to the voters.
Councilmembers Henderson and Franklin and Mayor Adolph supported placing the
measure on the November 2014 ballot.
Councilmember Henderson explained that the drastic reduction in revenues ($10 million
annually in La Quinta) resulting from the dissolution of redevelopment agencies by the
State was a permanent situation that created a new world of finance for cities that could
not be reconciled with small increases in transient occupancy taxes or property taxes.
She pointed out that expenses such as police services continue to rise, and mandated
expenses such as the prevailing wage law, steady CalPERS increases, a $10 million
Bighorn Sheep fence and loss of sales taxes on internet sales are inescapable. Ms.
Henderson said three months was enough time to educate the voters. She said it would
be a big mistake to operate off reserves for the next three years.
CITY COUNCIL MINUTES 2
JULY 29, 2014
8
Mayor Adolph explained the assessment amounts paid by La Quinta residents versus
the much higher amounts paid by all other desert cities. He said the sales tax increase
next year and a $1.2 million shortfall the year after.
Councilmember Franklin said that Council was elected to make both the easy and hard
decisions and although this was a hard decision, the survey showed that about 50% of
residents are in support. She explained that voter education on the matter can be done
in three months because the electorate is smart and the message should be short and
sweet. Ms. Franklin noted that in order to maintain the City as is, Council was looking at
a deficit next year and she did not believe Council was elected to run the City at a
deficit. She stated that a drawn-out campaign was not effective, and that the only thing
to lose by putting it on the 2014 ballot was perhaps a bit of credibility if it did not pass
and they had to try again in 2016. She said Council could not afford to gamble with the
increase now.
Councilmembers Evans and Osborne supported placing the measure on the November
2016 ballot.
Councilmember Osborne agreed that a sales tax increase was needed for the stability
of the City but said the public needs time to understand complex City finances. He said
that a proper education program needs more than three months. Mr. Osborne urged
Council to do it right the first time rather than lose in 2014 and try again in two years
with less credibility. He said the 2016 campaign must be well orchestrated and start in
a year or so.
Councilmember Evans reminded Council that once Council votes to put a measure on
the ballot, no promotional materials may be produced by the City. From that point on,
only explanations and ramifications of the measure may be provided to the voters by the
City. She noted that the survey shows that residents think the City is doing fine; the
for a sales tax increase measure and her acknowledgment of the need, but said there
was no way to get the education campaign done between now and November. She
also said that the time to conduct the education campaign was during the winter months
when all residents were in town. Although it is a gamble to wait until 2016, it is not
worth taking the risk of a NO vote now. Ms. Evans said that in the meantime,
development is picking up; the City will work on economic development, attracting new
businesses, and marketing La Quinta as the 8% sales tax city in the Coachella Valley.
In response to Mayor Adolph, City Manager Spevacek said that plans to address the
projected deficit for 2015/16 included an evaluation of police service levels and using
reserve funds to cover shortfalls.
PUBLIC SPEAKER: William Gertz-Cain, La Quinta Mr. Gertz-Cain suggested that if
Council was to approve a sales tax increase, they should go for 1% rather than ½% or
CITY COUNCIL MINUTES 3
JULY 29, 2014
9
¼% because it will be needed in the future and this should only be done once. Mr.
Gertz-Cain said he was against any type of tax increase but if it was to go forward,
Council should lay out in detail exactly what the revenue will be spent on. He said that
the SilverRock project cannot be sustained and should be sold off; he was in favor of
reevaluating police services; and agreed that an education campaign could not be done
in three months.
Council acknowledged that four affirmative votes were required in order to place a sales
tax increase measure on the ballot, and that it was clear the measure did not have the
support of four members at this time.
REPORTS AND INFORMATIONAL ITEMS
None
DEPARTMENT REPORTS
None
None
PUBLIC HEARINGS
None
ADJOURNMENT
There being no further business, a motion was made and seconded by
Councilmembers Evans/Franklin to adjourn at 8:29 p.m. Motion passed unanimously.
Respectfully submitted,
SUSAN MAYSELS, City Clerk
City of La Quinta, California
CITY COUNCIL MINUTES 4
JULY 29, 2014
10
CONSENT:1
CITY COUNCIL
MINUTES
TUESDAY, AUGUST 5, 2014
A regular meeting of the La Quinta City Council was called to order at 3:30 p.m. by
Mayor Adolph.
PRESENT: Councilmembers Evans, Franklin, Henderson, Osborne, Mayor Adolph
ABSENT: None
PUBLIC COMMENT ON MATTERS NOT ON AGENDA
None
CLOSED SESSION
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT: LA
QUINTA VILLAGE, EAST OF DESERT CLUB DRIVE, SOUTH OF CALLE
-123-002; 770-123-
003; 770-123-004; 770-123-006; 770-123-010; 770-124-002; 770-124-003; 770-
124-004; 770-124-007; AND 770-124-009);
AGENCY NEGOTIATOR: FRANK J. SPEVACEK, CITY MANAGER
NEGOTIATING PARTIES: MARVIN INVESTMENTS, INC., WELLS MARVIN
UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT FOR
DISPOSITION OF THE PROPERTY IDENTIFIED.
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT:
SILVERROCK RESORT (APNS 770-200-026; 776-150-021; 776-150-023; 770-
060-056; 770-060-057; 770-060-058; 770-060-059; 770-060-061; 770-060-062;
777-490-004; 777-490-006; 777-490-007; 777-490-012 AND 777-490-014);
AGENCY NEGOTIATOR: FRANK J. SPEVACEK, CITY MANAGER;
NEGOTIATING PARTIES: JOHN GAMLIN, MERIWETHER COMPANIES;
ROBERT S. GREEN, JR., THE ROBERT GREEN COMPANY;
UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT FOR
DISPOSITION OF THE PROPERTY IDENTIFIED.
COUNCIL RECESSED TO CLOSED SESSION AT 3:32P.M.
MAYOR ADOLPH RECONVENED THE CITY COUNCIL MEETING AT
4:08 P.M. WITH ALL MEMBERS PRESENT. NO ACTIONS WERE
TAKEN IN CLOSED SESSION THAT REQUIRES REPORTING
PURSUANT TO GOVERNMENT CODE SECTION 54957.1 (BROWN
ACT).
Mayor Adolph led the audience in the pledge of allegiance.
CITY COUNCIL MINUTES 1
AUGUST 5, 2014
11
PUBLIC COMMENT ON MATTERS NOT ON AGENDA
PUBLIC SPEAKER: Lauren Skiver, SunLine Transit and Sarah Scheideman and Rafael
Lopez of the Coachella Valley Art Scene, Highway 111 Music Festival They explained
that their collaboration will be a free event linking bus riders with local musicians and
artist. During the event, musicians and artists will travel on SunLine buses entertaining
riders. SunLine and the artists are soliciting support from the cities along the routes,
th
and intend to formally request funds from La Quinta at the September 16 Council
meeting. The total budget for the event is estimated at $15,000 to $18,000. Tentative
dates are Saturdays at the end of October to early November, but the duration depends
on the funding received.
CONFIRMATION OF AGENDA
Mayor Adolph and Councilmember Henderson requested that Consent Calendar Item
No. 7 be pulled for comment. Council concurred.
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS
Mayor Adolph presented plaques to outgoing Planning Commissioners Katie Barrows
and Mark Weber in appreciation for their years of service to the City of La Quinta.
CONSENT CALENDAR
1. APPROVE MINUTES OF JULY 15, 2014
2. AUTHORIZE OVERNIGHT TRAVEL FOR TWO STAFF MEMBERS TO
ATTEND CALIFORNIA BUILDING OFFICIALS TRAINING INSTITUTE
EDUCATION WEEK ON OCTOBER 20-23, 2014, IN ONTARIO, CALIFORNIA
3. SECOND READING AND ADOPTION OF ORDINANCE NO. 519 AMENDING
SECTION 2.60.020 OF THE LA QUINTA MUNICIPAL CODE RELATING TO
4. ADOPT RESOLUTION TO APPROVE PURCHASE AND SALE AGREEMENT
WITH WILLIAM AND SHARON RICHARDSON FOR PURCHASE OF CERTAIN
VACANT PROPERTY LOCATED ON AVENIDA LA FONDA, EAST OF
DESERT CLUB DRIVE
\[RESOLUTION 2014-042\]
5. APPROVE DEMAND REGISTERS DATED JULY 11, JULY 17 AND JULY 18,
2014
6. ACCEPT PLANNING COMMISSION DECISION TO APPROVE CONDITIONAL
USE AND SITE DEVELOPMENT PERMITS FOR THE CHATEAU AT LAKE LA
QUINTA EXPANSION
CITY COUNCIL MINUTES 2
AUGUST 5, 2014
12
7. >>>
Pulled for comment by Mayor Adolph and Councilmember Henderson
ADOPT RESOLUTION TO APPROVE REVISED PERSONNEL POLICY, NEW
CLASSIFICATION SPECIFICATIONS, AND AUTHORIZED POSITIONS
SALARY RATINGS
\[RESOLUTION 2014-043\]
8. AWARD A CONTRACT TO AMERICAN ASPHALT SOUTH, INC. FOR FISCAL
YEAR 2014/2015 SLURRY SEAL PROGRAM
9. RATIFY CHANGE ORDER TO GRANITE CONSTRUCTION COMPANY AND
AMEND PROFESSIONAL SERVICES AGREEMENT TO DUDEK FOR PHASE
I PAVEMENT MANAGEMENT PLAN STREET IMPROVEMENTS
10. AWARD A CONTRACT TO NEW CONSTRUCTION SOLUTIONS FOR PHASE
I OF LA QUINTA MUSEUM IMPROVEMENTS TO COMPLY WITH
AMERICANS WITH DISABILITIES ACT
11. DENIAL OF CLAIM FOR DAMAGES FILED BY: BRIAN GORDON; DATE OF
LOSS DECEMBER 27, 2013
12. APPROVE AMENDMENT EXTENDING TERM OF PROFESSIONAL
SERVICES AGREEMENT WITH TALL MAN GROUP FOR REAL ESTATE
ANALYSIS SERVICES
Item No. 6
expansion plans.
Item No. 7 Mayor Adolph and Councilmember Henderson congratulated all
employees for developing and implementing this new system.
Item No. 12 City Manager Spevacek pointed out that the Tall Man Group amendment
includes a 5-6% rate increase over the existing contract.
MOTION A motion was made and seconded by Councilmembers Evans/Franklin to
approve the Consent Calendar as recommended and with Item Nos. 4 and 7 adopting
Resolutions 2014-042 and 2014-043 respectively. Motion passed unanimously.
BUSINESS SESSION
1. ESTABLISH AN AD HOC COMMITTEE TO REVIEW GRANT REQUESTS AND
APPOINT TWO CITY COUNCIL MEMBERS TO COMMITTEE
Recreation Supervisor Ambriz presented the staff report, which is on file in the City
MOTION A motion was made and seconded by Councilmembers Osborne/
Henderson to establish an ad hoc committee to review grant requests and appoint
CITY COUNCIL MINUTES 3
AUGUST 5, 2014
13
Evans/Franklin to the committee. Councilmembers Evans and Franklin accepted the
appointment. Motion passed unanimously.
STUDY SESSION
1. DISCUSS ALTERNATIVES FOR REHABILITATION OF PAVEMENT ON
MONROE STREET BETWEEN AVENUE 54 AND AVENUE 55
Public Works Director Jonasson presented the staff report, which is on file in the City
Councilmembers rejected the option of spending $250,000 to $300,000 to repave this
section of Monroe Street because (1) it would mean diverting the funds for the
scheduled slurry sealing of north La Quinta streets, which are more heavily used by
residents, (2) adjoining vacant land may be developed in two to five years at which time
developers will be required to widen and pave the street, (3) the existing pavement still
has a lifespan of a few years with patching as needed, and (4) selecting this section of
Monroe for rehabilitation, which is not the worse section, would be arbitrary, especially
than the rest of Monroe Street.
PUBLIC SPEAKER: Carole Herrera, La Quinta Ms. Herrera is the owner of private
property on Monroe Street between Avenue 54 and 55 since 1979. She said there is
heavy truck traffic, high speed drivers, and it is a major thoroughfare to I-10 and cities
south. She supports rehabilitation of the pavement and is willing to dedicate some of
her property to widen the road when the time comes.
PUBLIC SPEAKER: Tom Brohard, La Quinta Mr. Brohard suggested digging up and
replacing the worst places as a temporary fix. He said that chunks of asphalt come up
frequently causing the maintenance crew to go out every few days for repairs. He said
no one knows when the developer(s) will be making the improvements.
Council concurred that staff should report back next spring on the balance in the
Pavement Management Plan account at which time Council can consider reprioritizing
street improvements. Councilmember Franklin requested that staff include photos of
the entire length of Monroe Street in that staff report.
2. DISCUSS PROPOSAL FROM MARVIN INVESTMENTS, INC. FOR USE OF
CERTAIN CITY OWNED LAND FOR THE PROPOSED VILLAS AT OLD TOWN
MIXED-USE DEVELOPMENT LOCATED IN THE LA QUINTA VILLAGE
Community Development Director Johnson presented the staff report, which is on file in
Councilmembers discussed the project and gave the following direction to staff:
Use of the landscaped lot by the Library as a retention basin is a good use of land.
CITY COUNCIL MINUTES 4
AUGUST 5, 2014
14
Reconfiguration of the Library lot is acceptable if it improves the pedestrian flow.
Creating a walkable community is a priority, especially access to/from the Library.
Need definitive pedestrian paths to/from Old Town to Civic Center Park.
Need a definitive pedestrian connection to/from Embassy Suites.
Need wide walkways against any three-story building.
Need a separation of cars and pedestrians.
Adequate amenities, such as a pool, for residents of the project are needed.
Re-examine environmental and traffic study requirements for developers.
Explore doing one environmental and one traffic study for the entire village area.
Schedule another Study Session on this subject
PUBLIC HEARINGS: 6:00 P.M
ADOPT RESOLUTION TO APPROVE A SALES TAX SHARING AGREEMENT
1.
WITH ONE ELEVEN LA QUINTA, LLC FOR CERTAIN IMPROVEMENTS
ASSOCIATED WITH 111 LA QUINTA CENTER
\[RESOLUTION 2014-044\]
Community Development Director Johnson presented the staff report, which is on file in
Mr. Shovlin, the developer, communicated earlier in the day with a request that the term
of six years be changed to ten years because it just came to light that the retailer Hobby
Lobby is closed on Sundays, which alters the sales tax calculations on the proforma.
Council discussed the term and agreed to set it at eight (8) years in the Agreement and
the document entitled: Covenants, Conditions, and Restrictions Affecting Interests in
Real Property.
Mayor Adolph declared the PUBLIC HEARING OPEN at 6:10 p.m.
PUBLIC SPEAKER: None
Mayor Adolph declared the PUBLIC HEARING CLOSED at 6:10 p.m.
MOTION A motion was made and seconded by Councilmember Franklin/Evans to
adopt RESOLUTION 2014-044 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA
APPROVING A SALES TAX SHARING AGREEMENT BETWEEN THE
CITY AND ONE ELEVEN LA QUINTA, LLC FOR A TERM NOT TO
EXCEED EIGHT (8) YEARS
Motion passed unanimously.
REPORTS AND INFORMATIONAL ITEMS
ve for 2014, Mayor Adolph reported on his participation in the
following organizations meeting:
CVAG EXECUTIVE COMMITTEE
SUNLINE TRANSIT AGENCY
CITY COUNCIL MINUTES 5
AUGUST 5, 2014
15
DEPARTMENT REPORTS
Department Reports were rec
Office.
City Manager Spevacek requested direction regarding the Bermuda Dunes Airport.
Councilmembers reached a concurrence that staff should attend meetings on the
subject but indicated that La Quinta has no interest in participating in the purchase or
maintenance of the airport.
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City Manager Spevacek reported that at its August 12 meeting, Coachella Valley
Water District (CVWD) approved an ordinance allowing them to issue fines. CVWD has
asked cities to assist them in identifying prolific water users, and work together to
educate them. Councilmember Osborne added that if CVWD offers a rebate program,
La Quinta should take advantage of it to reduce the amount of turf in north La Quinta.
City Attorney Ihrke reported that the hearing regarding the SB 7 lawsuit in San Diego
County has been delayed until the end of August.
City Clerk Maysels reported that to date, ten (10) candidates have pulled nomination
papers for the two council seats and three (3) have pulled nomination papers for the
MAYOR AND COUNCIL MEMBER ITEMS
None
COUNCIL RECESSED TO THE MEETING OF THE SUCCESSOR AGENCY TO THE
DISSOLVED REDEVELOPMENT AGENCY AT 6:28P.M.
MAYOR ADOLPH RECONVENED THE CITY COUNCIL MEETING AT
6:34 P.M. WITH ALL MEMBERS PRESENT
COUNCIL RECESSED BACK TO CLOSED SESSION TO CONTINUE DISCUSSION
ON CLOSED SESSION ITEM NO. 2 AT 6:35 P.M.
MAYOR ADOLPH RECONVENED THE CITY COUNCIL MEETING AT
7:15P.M. WITH ALL MEMBERS PRESENT. NO ACTIONS WERE
TAKEN IN CLOSED SESSION THAT REQUIRES REPORTING
PURSUANT TO GOVERNMENT CODE SECTION 54957.1 (BROWN
ACT).
ADJOURNMENT
There being no further business, a motion was made and seconded by
Councilmembers Evans/Osborne to adjourn at 7:15 p.m. Motion passed unanimously.
Respectfully submitted,
SUSAN MAYSELS, City Clerk
CITY COUNCIL MINUTES 6
AUGUST 5, 2014
16
CITY MEETING DATE: September 16, 2014
ITEM TITLE: APPROVE DEMAND REGISTERS DATED
JULY 25, AUGUST 1, AUGUST 8, AND AUGUST 22, 2014
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 2
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Approve Demand Registers dated July 25, August 1, August 8, and August 22, 2014.
EXECUTIVE SUMMARY:
None.
FISCAL IMPACT:
Demand of Cash: -- City $ 8,953,788.15
-- Successor Agency of RDA $ 6,664.00
-- Housing Authority $ 4,430.60
-- Housing Authority Commission $ 250.00
$ 8,965,132.75
BACKGROUND/ANALYSIS:
Between City Council meetings, there is a need to pay routine bills in order to avoid
late fees being charged to the City, as well as payroll and related payroll taxes.
Because this is the first Council meeting since August 5, 2014, there are more
demand registers than usual to report (see Attachment 1). These items are listed
below:
Warrants Issued:
103895 - 103993} $ 4,118,698.17
103994 - 104072} $ 239,032.50
104073 - 104157} $ 2,249,897.16
104158 - 104301} $ 1,515,149.88
Voids} $ (37,463.80)
Wire Transfers} $ 423,980.78
17
Warrants Issued Continued:
Payroll 36994 - 36998} $ 368,949.24
Payroll Tax Transfers} $ 86,888.82
$ 8,965,132.75
In the amounts listed above, Check Nos. 103551, 103566, and 103728 were voided
because they were issued to the wrong vendor. Check No. 103567 was voided
without being reissued due to a flood claim being recalculated. Check No. 102563
was stale dated and reissued. Check No. 103859 was a duplicate payment and
therefore voided.
The most significant expenditures being paid on the demand registers listed above are
as follows:
Significant Expenditures:
Vendor: Account Name: Amount: Purpose:
Riverside Co. Sheriff Various $3,524,257.39 Police 3/6/14 4/30/14
FY 13/14 Rate Adj.
Facility Fees
Riverside Co. Sheriff Various $1,191,969.33 Police 5/29/14 6/30/14
Doug Wall Construction Design/Const. $ 484,901.85 LQ Wellness Center
CVAG TUMF Payable $ 357,641.32 July TUMF Fee
Musco Corp. Construction $ 288,360.00 Sports Complex Lighting
O&J Golf Construction Construction $ 231,109.52 SilverRock Golf Course
Ace Electric Construction $ 221,397.50 Sports Complex Lighting
CRW Systems Equipt./Maint. $ 117,250.00 Software Purchase & Maint.
Ace Electric Construction $ 93,765.00 Sports Complex Lighting
B W Simmons Construction $ 73,770.26 ADA Improvements
DSUSD School Officers $ 69,083.20 Apr-Jun School Officers
18
Significant Expenditures Continued:
RBF Consulting Design $ 66,663.10 SilverRock Golf Course
Design/Restoration
Granite Construction Construction $ 59,731.34 Street Pavement
Burrtec Waste Various $ 57,401.23 Property Tax Payment
CVWD Various $ 55,663.69 May-Jul Water Svc
Wire Transfers: Thirteen wire transfers totaled $423,980.78. Of this
amount, $214,514.09 was sent to Landmark for golf course management;
$93,979.56 to CalPERS for retirement costs; and $92,629.97 to CalPERS for health
insurance premiums (see Attachment 2 for a full listing).
ALTERNATIVES:
City Council may approve, partially approve or reject the register of demands.
Report prepared by: Sandra Mancilla, Account Technician
Report approved for submission by: Rita Conrad, Finance Director
Attachments: 1. Demand Registers
2. Wire Transfers
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ATTACHMENT 1
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ATTACHMENT 2
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CITY MEETING DATE: September 16, 2014
ITEM TITLE: EXCUSE MEETING ABSENCES FOR
PLANNING COMMISSIONERS BLUM AND
FITZPATRICK AND INVESTMENT ADVISORY BOARD
MEMBER DONAIS
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 3
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Approve requests from Planning Commissioner Blum to be excused for July 22,
2014, and Planning Commissioner Fitzpatrick for August 26, 2014 Planning
Commission Meetings, and Advisory Board Member Donais for the September 10,
2014 Investment Advisory Board Meeting.
EXECUTIVE SUMMARY:
Commissioners Blum and Fitzpatrick requested to be excused from the July
22 and August 26, 2014 (respectively) Planning Commission meetings due
to being out of the area for personal matters. They have had no other
absences during this fiscal year and staff recommends the absences be
excused.
Board Member Donais requested to be excused from the September 10,
2014, Investment Advisory Board meeting due to being out of the area for
personal matters. She has had no other absences during this fiscal year and
staff recommends the absence be excused.
FISCAL IMPACT:
Compensation for meeting attendance is not paid to absent members.
BACKGROUND/ANALYSIS:
The Municipal Code does not allow a member to be absent from two consecutive
regular meetings or three scheduled meetings within a fiscal year without causing
his/her office to become vacant. A commissionboard member may request
/
advance permission from the Council to be absent at one or more regular meetings
55
due to extenuating circumstances, and/or may request Council to excuse an
absence after-the-fact where such extenuating circumstances prevented the
member from seeking advance permission to be absent.
ALTERNATIVES:
Council may deny any individual request, which would result in the absence being
above.
Report prepared by: Teresa Thompson, Deputy City Clerk
Report approved for submission by: Susan Maysels, City Clerk
56
CITY MEETING DATE: September 16, 2014
ITEM TITLE: APPROVE A MEMORANDUM OF
UNDERSTANDING WITH THE COACHELLA VALLEY
RESCUE MISSION TO SUPPORT OPERATIONS
RECOMMENDED ACTION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 4
STUDY SESSION:
PUBLIC HEARING:
Approve a Memorandum of Understanding with the Coachella Valley Rescue
Mission to support their food and homeless shelter operations.
EXECUTIVE SUMMARY:
• City Council supports the Coachella Valley Rescue Mission (CVRM) in its
effort to reduce homelessness in the Coachella Valley and has recently
designated $50,000 toward this goal.
• The attached Memorandum of Understanding (Attachment 1) designates the
use of the funds to provide food and shelter services at CVRM's eastern
Coachella Valley location.
FISCAL IMPACT:
The $50,000 was approved in the 2014/15 Fiscal Year Budget under Community
Services Special Projects.
BACKGROUND/ANALYSIS:
CVRM provided over 650 daily meals and overnight shelter facilities for 172,000
people last year. The City supported CVRM's efforts by appropriating $50,000
from the Fiscal Year 2012/2013 budget for construction of an annex, which will
provide additional space for overnight shelter facilities. The funds will be provided
upon completion of construction, which is anticipated by December 2014, with a
Certificate of Occupancy.
1-N
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CITY MEETING DATE: September 16, 2014
ITEM TITLE: DENIAL OF CLAIM FOR DAMAGES FILED
BY: VERIZON; DATE OF LOSS — NOVEMBER 12, 2013
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 5
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Deny the claim for damages of Verizon in its entirety.
EXECUTIVE SUMMARY:
• A claim was filed by Verizon with a reported date of loss of November 12,
2013, and was forwarded to Carl Warren & Company, the City's claims
administrator.
• Carl Warren reviewed the claim and recommends denial.
FISCAL IMPACT:
The claim is for approximately $2,000.
BACKGROUND/ANALYSIS:
The claim is for damage to an underground cable that is purported to have been cut
during a City street improvement project at Calle Tampico and Desert Club. Carl
Warren's investigation revealed the City is not liable, as no street improvements
were conducted in the area at that time.
ALTERNATIVES:
The City's claims administrator is relied on to perform an accurate and thorough
preliminary assessment of the claim from a liability standpoint and has
recommended rejection of this claim. Therefore, staff does not recommend an
alternative action.
Report prepared by: Terry Deeringer, Human Resources/Risk Manager
Report approved for submission by: Frank J. Spevacek, City Manager
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CITY MEETING DATE: September 16, 2014
ITEM TITLE: APPROVE ADDITION OF AN EMERGENCY
SERVICES COORDINATOR TO THE AGREEMENT FOR
FIRE PROTECTION, FIRE PREVENTION, RESCUE, AND
MEDICAL AID WITH THE COUNTY OF RIVERSIDE
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 6
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Approve the addition of an Emergency Services Coordinator to the agreement for
fire protection, fire prevention, rescue and medical aid with the County of Riverside
and establish the necessary City funds for the position.
EXECUTIVE SUMMARY:
• On June 6, 2014, the City's Building Official/Emergency Manager retired,
which left the City without qualified emergency services management.
• The Riverside County Fire Department (RCFD), through its Office of
Emergency Services, provides for emergency management services to cities.
• The addition of an Emergency Services Coordinator (ESC) to the City's
current agreement with RCFD will address the City's need for active
management regarding the prevention, preparedness, recovery and response
to emergencies.
• If an ESC is approved, RCFD's Office of Emergency Services will provide the
City with additional service to support La Quinta's emergency services
programs at no additional charge until the position can be filled
(approximately 3 to 4 months).
FISCAL IMPACT:
The annual cost of an ESC will range from $72,000 to $102,000, based on
qualifications; however, the cost is offset by an annual fire tax credit of
approximately $5,695,000. Approximately $5,470,000 is currently budgeted for
Fire and Emergency Services in the Fiscal Year 2014/2015 budget of which
$91,000 is allocated to emergency services management.
M-7
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CITY MEETING DATE: September 16, 2014
ITEM TITLE: ACCEPT GRANT FUNDS FROM
CALIFORNIA INDIAN GAMING SPECIAL
DISTRIBUTION FUND, TRILOGY AT LA QUINTA
COMMUNITY SERVICES ORGANIZATION, AND
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE
GRANT 2014; ESTABLISH THE NECESSARY CITY
FUNDS; AND APPROPRIATE GRANT FUNDS
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 7
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Accept grant funds in the amount of $38,026 from California's Indian Gaming
Special Distribution Fund, $48,400 from Trilogy at La Quinta Community Services
Organization, and $12,978 from the Edward Byrne Memorial Justices Assistance
Grant 2014, establish the necessary City funds in order to accept these grants, and
appropriate said funds to the La Quinta Police Department for their use as defined
in the grant applications.
EXECUTIVE SUMMARY:
• On March 18, 2014, Council authorized the City Manager to submit two
grant applications to the Riverside County Indian Gaming Local Community
Benefit Committee for traffic -related law enforcement services specific to the
Augustine Casino area.
• In June 2014, the City received notice that one of the two grants was
approved for $38,026.
• On June 3, 2014, Council authorized the City Manager to submit a grant
application to the Trilogy at La Quinta Community Services organization for a
new "Citizens on Patrol" vehicle and submittal of a grant to the Edward
Byrne Memorial Justice Assistance Grant (JAG) for traffic safety devices and
computer system upgrades.
• Late June 2014, the City received notice that the grant was approved for
$48,400 from Trilogy at La Quinta Community Services organization.
• In August 2014, the City received noticed that it was awarded $12,978
through JAG.
M-4
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68
CITY MEETING DATE: September 16, 2014
ITEM TITLE: ADOPT RESOLUTION SUPPORTING
COUNTY OF RIVERSIDE BOARD OF SUPERVISORS
AND ITS OFFICE OF MILITARY AND DEFENSE
SERVICES OPPOSITION TO BASE REALIGNMENT
AND CLOSURE OF LOCAL AND REGIONAL MILITARY
INSTALLATIONS
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 8
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Adopt a resolution supporting the County of Riverside Board of Supervisors'
opposition to the potential closure of the Naval Surface Warfare Center, Corona
Division, and the March Air Reserve Base.
EXECUTIVE SUMMARY:
• The United States Navy's Naval Surface Warfare Center, Corona Division,
("Center") and the March Air Reserve Base ("Base") are major employers and
contributors to the region's economy.
• The two military installations are located in Riverside County ("County") and
generate an annual payroll of approximately $1 billion for local workers in the
civilian and military workforces.
• The Secretary of Defense has specifically requested that another Base
Realignment and Closure Commission be authorized in the near future to
close military bases across the nation and around the world.
• The County of Riverside Board of Supervisors and its Office of Military and
Defense Services have asked for support for their opposition to a base
realignment and/or closure, which would adversely impact the regional
economy of the County and its twenty-eight cities.
FISCAL IMPACT:
None.
M -*1
and
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CITY MEETING DATE: September 16, 2014
ADOPT RESOLUTION GRANTING
ITEM TITLE: A CONDITIONAL APPROVAL OF FINAL MAP ND
SUBDIVISION IMPROVEMENT AGREEMENT
ASSOCIATED WITH THE SIGNATURE DEVELOPMENT
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 9
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Adopt a resolution granting conditional approval of a Final Map and Subdivision
Improvement Agreement associated with Tract Map No. 36537-2, and authorize the City
Manager to execute said Agreement.
EXECUTIVE SUMMARY:
The developer of The Signature development project, RREF II-CWC LaQ, LLC, has
requested conditional approval of a Final Tract Map to allow 30 days to complete
technical revisions to the map and execute a Subdivision Improvement Agreement
for on-site and off-site improvements.
Final Map approval is a ministerial action based on the developer meeting all
requirements of the conditions of approval of the Tentative Map or by providing
agreement and securities for those conditions yet to be met.
FISCAL IMPACT:
None. Bonds of sufficient value will be submitted to secure the incomplete improvements
prior to approval of the Final Map.
BACKGROUND/ANALYSIS:
The Signature is a residential development located within the PGA West development,
bounded on the north and east by the PGA West Stadium Course and clubhouse, and on
the south and west by PGA Boulevard (Attachment 1). The developer has constructed the
perimeter wall and started grading the site, but the majority of the on-site improvements
have not been constructed. The perimeter sidewalk and parkway landscaping have been
75
installed. The developer requests the City Council’s conditional approval of the Final Map
(Attachment 2) and Subdivision Improvement Agreement (Attachment 3). This will allow
the developer 30 days to complete all requirements including making technical corrections
to the map as well as providing securities and an executed agreement for all required
improvements before the Final Map can be recorded. If the developer fails to complete
these items within 30 days, the map will be rescheduled for City Council consideration only
after the required items have been received. The construction of the remaining off-site
improvements, which includes storm drain improvements and street improvements at the
project entrance, will start in about a month.
Tentative Tract Map No. 36537-2 was approved by the City Council on December 3, 2013.
ALTERNATIVES
:
Approval of the Final Map is a ministerial action that is required after the developer has
satisfactorily completed all conditions of approval. Therefore, staff does not recommend an
alternative action.
Report prepared by: Bryan McKinney, P.E., Principal Engineer
Report approved for submission by: Timothy R. Jonasson, P.E.
Public Works Director/City Engineer
Attachments: 1. Vicinity Map
2. Tract Map 36537-2
3. Subdivision Improvement Agreement
76
RESOLUTION NO. 2014
-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA,GRANTING CONDITIONAL
APPROVAL OF THE FINAL MAP AND SUBDIVISION
IMPROVEMENT AGREEMENT ASSOCIATED WITH
TRACT MAP NO. 36537-2 AND AUTHORIZING A TIME
EXTENSION FOR SATISFACTORY COMPLETION OF
THE CONDITIONAL REQUIREMENTS TO VALIDATE THE
APPROVAL
WHEREAS
, the City Council conducts only two regular meetings per month and
the time interval between these meetings occasionally creates an undue hardship for
business enterprises and individuals seeking approval of subdivision maps; and
WHEREAS
, the City Council, as a matter of policy, allows a subdivider to have
City staff present a map for consideration of approval when the requisite items
necessary for a final map approval are nearly, but not completely, finished thus yielding
to the subdivider additional production time for preparation of those items; and
WHEREAS
, the subdivider has demonstrated to City staff and the City Council
that it has made sufficient progress with items required for final map approval, and it is
reasonable to expect the subdivider to satisfactorily complete the items, including City
staff review time, within thirty (30) days without adversely impacting other ongoing work
commitments of City staff; and
WHEREAS
, Section 66458(b) of the Subdivision Map Act grants the City Council
broad authority to authorize time extensions regarding final map approval, or
disapproval, upon receiving it for consideration; and
WHEREAS
, the City Council relies on City staff to review all required items for
conformance with relevant requirements, and it is therefore appropriate for the City
Council to approve the final map subject to review and confirmation of the required
items by City staff within a reasonable period of time.
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of La
Quinta, California, as follows:
SECTION 1. The Final Tract Map 36537-2 is conditionally approved provided the
subdivider submits all required items on or before October 16, 2014.
77
Resolution No. 2014-
Tract Map 36537-2, The Signature
Adopted: September 16, 2014
Page 2
SECTION 2. The City Council’s approval of the final map shall not be considered valid
until the City Engineer has signed the map indicating that it conforms to the tentative
tract map, the Subdivision Map Act, and all ordinances of the City.
SECTION 3. The City Engineer shall withhold his signature from the map until the
subdivider has completed the following requirements and any other requirements not
expressly described here to the City Engineer’s satisfaction:
A. Finalize the final tract map and obtain all necessary signatures.
B. Provide bond securities specified in the Subdivision Improvement Agreement.
SECTION 4. The City Clerk shall withhold affixing the City Seal to the map title page,
along with her attesting signature, until the City Engineer has signed the map.
SECTION 5. The time extension for satisfying the requirements of the conditional
approval for this final map shall expire when City offices close for regular business on
October 16, 2014. If the subdivider has not satisfied the requirements in Section 3,
herein, by the expiration deadline, the final map shall be considered disapproved.
Disapproval does not deny any rights the subdivider may have under the Map Act to
resubmit the final map for approval, or disapproval.
PASSED, APPROVEDADOPTED
and at a regular meeting of the La Quinta City
th
Council held on this 16 day of September 2014, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
DON ADOLPH, Mayor
City of La Quinta, California
78
Resolution No. 2014-
Tract Map 36537-2, The Signature
Adopted: September 16, 2014
Page 3
ATTEST:
________________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
_________________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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TM 36537-2 signature
V I C I N I T Y M A P
NOT TO SCALE
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ATTACHMENT 2
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ATTACHMENT 3
CLQ
ITY OF AUINTA
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP NO. 36537-2
ON-SITE IMPROVEMENTS
THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this
____________________________________ dayof ___________________________, 20 ___________,
by and between RREF II-CWC LaQ, LLC, a California limited liability company,hereinafter referred to as
"Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter
referred to as "City."
RECITALS:
A.Subdivider has prepared and submitted to City for final approval and recordation a final map or Tract
map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is
known as Tract No. 36537-2 (the "Tract") pursuant to the provisions of Section 66410, et seq. of the
California Government Code (the "Subdivision Map Act"). The Subdivision Map Act and City
ordinances and regulations relating to the filing, approval and recordation of subdivision maps are
sometimes collectively referred to in this Agreement as the “Subdivision Laws.”
B.A tentative map of the Tract has been approved subject to the Subdivision Laws and to the
requirements and conditions contained in City CouncilResolution No. 2013-058(the “Resolution of
Approval”). The Resolution of Approval is on file in the office of the City Clerk and is incorporated into
this Agreement by reference.
C.Prior to approval of the Map, Subdivider is required to install or agree to install certain public and
private improvements (the "Improvements").
D.The Improvements have not been installed and accepted at this time.
E.It is therefore necessary that Subdivider and City enter into an agreement for the installation of the
Improvements as provided in Section 66462 of the Subdivision Map Act. In consideration of approval
of a final map for the Tract by the City Council, Subdivder desires to enter into this Agreement,
whereby Subdivider promises to install and complete, at Subdivider’s own expense, all the public
improvement work required by City in connection with the proposed Tract. Subdivider has secured
this Agreement by improvement security required by the Subdivision Laws and approved by the City.
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
1.Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall
furnish complete original improvement plans for the construction, installation and completion of the
Improvements meeting the requirements of the City Engineer. The Improvement Plans for the Tract
shall be maintained on file in the office of the City Engineer and shall be incorporated into this
Agreement by reference. All references in this Agreement to theImprovement Plans shall include
reference to any specifications for the Improvements as approved by the City Engineer.
2.Improvements. Subdivider shall construct the Improvements required to be constructed on the
Improvement Plans or agreed to be constructed under the Resolution of Approval and this Agreement
as more specifically described in Exhibit "A." attached hereto and expressly made a part hereof by
this reference, and shall bear the full cost thereof. The methods, standards, specifications, sequence,
and scheduling of construction shall be as approved by the City Engineer.
3.Improvement Security. Subdivder shall at all times guarantee Subdivider’s performance of this
Agreement by furnishing to City, and maintaining, good and sufficient security as required by the
Subdivision Laws on forms and in the amounts approved by City for the purposes as follows:
A.One class of security to be provided by Subdivider, hereinafter referred to as "performance
security," shall assure the faithful performance of this Agreement including construction of the
Improvements, payment of Subdivider’s fair share of Improvements which have been or will be
constructed by others (“Participatory Improvements”), and payment of plan check and permit
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fees. The performance security shall also include good and sufficient security in the amount of
one hundred percent (100%) of the estimated cost of setting subdivision monuments as stated
hereafter in this Agreement (“Monumentation Security”). A second class of security to be
provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of
the cost of labor, equipment and materials supplied to construct the Improvements. A third class
of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve
as a guarantee and warranty of the Improvements for a period of one year following the
completion and acceptance of the Improvements. Subdivider shall furnish performance and
payment security prior to and as a condition precedent to City Council approval of the Map.
Subdivider shall provide warranty security after Improvements are complete and prior to
acceptance of the Improvements by the City Council. Warranty security shall not be required for
Monumentation or Participatory Improvements. However, the City may utilize Monumentation
Security for performance of or payment for the work in accordance with the Subdivision Map Act.
As part of the obligation secured by each of the performance security, payment security and
warranty security, and in addition to the face amount of each such security, each such security
shall include and assure the payment of costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby
secured.
B.Improvement security shall conform with Section 66499 of the California Government Code and
may be one or more of the following:
1)A cash deposit with City or a responsible escrow agent or trust company, at City's option.
2)Surety bonds, of the form specified in subsection 66499.2 of the California Government
Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570
(latest version).
3)Certificates of deposit, in City's name,from one or more financial institutions subject to
regulation by the state or federal government and having a financial quality rating of "A" or
better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange
(of the Los Angeles County Treasurer's office).
4)Irrevocable letters of credit, in a form acceptable to and approved by the City Attorney, issued
by one or more financial institutions meeting the requirements of Paragraph (3), pledging that
the funds necessary to carryout the completion of the Improvements are on deposit,
guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment
by any creditor of the depositor until released by City. Letters of credit shall guarantee that all
or any portion of the funds available pursuant to the letters of credit will be paid upon the
written demand of City and that such written demand need not present documentation of any
type as a condition of payment, including proof of loss. The duration of any such letter of
credit shall be for a period of not less than one year from the execution of the agreement with
which it is provided and shall state, on its face, that the letter of credit will be automatically
renewed until such time that City authorizesits expiration or until sixty (60) days after City
receives notice from the financial institution of intent to allow expiration of the letter of credit.
5)A lien upon the subdivided property, if City finds that it would not be in the public interest to
require the installation of the Improvements sooner than two (2) years after recordation of the
final map or Tract map for which the Improvements are required. The lien shall provide a
collateral value of three (3) times the estimated cost of the Improvements and shall include
the power of sale of the real property, all buildings and improvements thereon, or that may be
erected upon or made thereto, together with all hereditaments and appurtenances thereunto
belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and
profits thereof. The collateral value of the property shall be established at Subdivider's
expense through an appraisal approved by City.
6)An instrument of credit from an agency of the state, federal or local government, when any
agency of the state, federal, or local government provides at least twenty percent (20%) of
the financing for the Improvements.
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7)When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind
approved for securing deposits of public moneys with City or in favor of City, as specified in
Section 16430 of the California Government Code, deposited, at City's option, with City or a
responsible escrow agent or trust company.
C.All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the
performance security shall equal one hundred percent (100%) of the estimated cost of
constructing the Improvements, including payment of plan check and permit fees, as estimated by
the City Engineer or a duly authorized representative of the City Engineer. The amount of
Payment security shall equal the amount of the amount of performance security, except as
otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security
shall equal Ten Percent (10%) of the amount of performance security except as otherwise set
forth in Exhibit A. The securities required by this Agreement shall be kept on file with the City
Clerk. The terms of the security documents specified in this Agreement are incorporated into this
Agreement by this reference. If any security is replaced by another approved security, the
replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been
made a part of andincorporated into this Agreement. Upon filing of a replacement security with
the City Clerk, the former security may be released. The City Engineer shall approve replacement
of security.
D.At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to
the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract
map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid
separately for each different form and/or source (surety or financial institution) of security initially
submitted and for substitution of securities but shall not be required for submittal of warranty
security if the warranty security is of the same form and from the same source as the
performance security it replaces. Administrative fees for security shall be as follows:
1)For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and
4) of SECTION 3.B., which require the establishment ofevidence of the reliability of the
surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars
($150.00).
2)For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will
prepare lien agreements and subordination agreements, administer valuation of the real
property and administer the agreements over the life of the lien, all of which require legal
assistance and financial advice, Subdivider shall pay to City an administration fee of One Half
of One Percent (0.5%) of the estimated cost of the improvements secured but not less than
Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00).
3)For other forms of security listed in Section 3 B, above, there will be no administrative fee.
E.Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory
Improvements shall remain in place until the Participatory Improvements are constructed and
actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost
of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of
Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty
security shall not be required for Participatory Improvements.
Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in
replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit
said cash within 30 days of thedate of the written demand from City, City may present a written
demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City
the lesser of: 1) the amount demanded, or 2) the amount of the security.
F. Security shall not expire, be reduced or become wholly or partially invalid for any reason,
including non-payment of premiums, modifications of this Agreement and/or expiration of the time
for performance stated in this Agreement.
G.Security shall be released in the following manner:
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1)Performance security shall be released upon the final completion and acceptance or
approval, by the City Council of the Improvements subject to the provisions of Section 10 of
this Agreement.
2)The City Engineer may authorize partial reduction of performance security as work
progresses, upon application by Subdivider. However, no such reduction shall be for an
amount less than Ten Percent (10%) of the total performance security provided for the faithful
performance of the act or work. In no event shall security be reduced below that required to
guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%).
The City Engineer shall not allow more than two partial reductions of security furnished for
any improvement agreement.
3)Participatory Improvement security shall be released upon payment by Subdivider of
Subdivider's share of the cost or estimated cost of the Participatory Improvements.
4)If City receives no notice of recorded claims of lien, labor and materials security shall be
released in full 90 days after final acceptance and/or approval by the City Council, of the
Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision
Map Act shall apply.
5)No security given for the guarantee or warranty of work shall be released until the expiration
of the warranty period and until any claims filed during the warranty period have been settled.
As provided in paragraph 13 of this Agreement, the warranty period shall not commence until
final acceptance of all the work and improvements by the City pursuant to Paragraph 10.
Warranty security not utilized during the warranty period shall be released one year after final
acceptance or approval by the City Council of all Improvements. However, if at the end of the
one-year warranty period, there are one or more outstanding requests by City for
performance of work or provision of materials under the terms of the warranty, warranty
security shall be retained until the outstandingrequests are satisfied or until Subdivider has
made other arrangements satisfactory to the City Engineer.
6)City may retain from any security released an amount sufficient to cover costs and
reasonable expenses and fees, including reasonable attorneys’ fees.
4.Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits
required for that phase of work and pay all required fees. Work performed under a permit or permits
shall comply with all provisions of the required permits.
5.Off-site Improvements. When the construction of one or more of the Improvements requires or
necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its
best efforts purchase such real property at a reasonable price. In the event that Subdivider is
unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider
may request in writing that City attempt to acquire such real property. City may, but is not required to,
agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and
Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said
separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%)
of the appraised fair market value of the real property. Any unexpended portion of said advance shall
be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be
paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall
the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate
Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the
Conditions of Approval.
6.Completion of Improvements; Inspection.
6.1Construction of Improvements. Subdivider shall begin construction of the Improvements within
ninety (90) days and shall complete construction within twelve (12) months after the approval of this
Agreement. Portions of the Improvements may be completed at a later date, as determined by the
City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of
the Improvements within the specified time periods shall constitute cause for City, in its sole
discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise
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improvement security requirements as necessary to ensure completion of the improvements, and/or
to require modifications in the standards or sequencing of the Improvements in response to changes
in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise
affect the validity of this agreement or Subdivider's obligations hereunder.
6.2 Inspection. Subdivider shall at all times maintain proper facilities and safe access for inspection
of the public improvements by City and to the shops wherein any work is in preparation. Upon
completion of the work, the Subdivider may request a final inspection by the City Engineer or the City
Engineer’s authorized representative. If the City Engineer or the designated representative
determines that the work has been completed in accordance with this Agreement, then the City
Engineer shall certify the completion of the public improvements to the City Council. No
improvements shall be finally accepted unless all aspects of the work have been inspected and
determined to have been completed in accordance with the Improvement Plans and City standards
and accepted by the City as described in Paragraph 10 of this Agreement. Subdivider shall bear all
costs of plan check, inspection and certification.
7.Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to
strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected
by such events will be extended by the period of such events.
8.Time Extension. Subdivider may make application in writing to the City Council for an extension of
time for completion of the Improvements. The City Council, in its sole and absolute discretion, may
approve or deny the request or conditionally approve the extension withadditions or revisions to the
terms and conditions of this Agreement.
As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance
to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the
securities shall be sufficient to ensure the performance of and payment for Improvements that remain
incomplete at the time of the extension, and to provide warranty security on completed
Improvements.
9.Survey Monuments. Before final approval of street improvements, Subdivider shall place survey
monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act
and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that
the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor
setting the monuments, and intersection monument tie-outs for monuments set in public streets.
10.Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the
Improvements by City, Subdivider shall submit a request for final approval by City. The request shall
be accompanied by any required certifications from Subdivider's engineers or surveyors, approval
letters fromother agencies having jurisdiction over and approval authority for improvements required
by this Agreement or the Conditions of Approval, and any required construction quality documentation
not previously submitted.
Upon receipt of said request, the CityEngineer or a duly-authorized representative will review the
required documentation and will inspect the Improvements. If the Improvements are determined to
be in accordance with applicable City standards and specifications, and as provided herein,
obligations required by the Conditions set forth in the Resolution of Approval and this Agreement
have been satisfied, and Subdivider has provided revised plans as required in Paragraph 12,
hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council.
11.Injury to Improvements. Until such time as the Improvements are accepted by City in accordance
with Paragraph 10, Subdivider shall be responsible for and bear the risk of loss to any of the
improvements constructed or installed. Until such time as all Improvements required by this
Agreement are fully completed and accepted by City, Subdivider will be responsible for the care,
maintenance of, and any damage to such improvements. City shall not, nor shall any officer or
employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause,
happening or occurring to the work or improvements specified in this Agreement prior to the
completion and acceptance of the work or improvements. All such risks shall be the responsibility of
and are hereby assumed by Subdivider.
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12.Revisions to Plans. When the Improvements have been inspected and approved by the City
Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the
plans depict the actual Improvements constructed. When necessary revisions have been made, each
separate sheet of the plans shall be clearly marked with the words "As-Built," "As-Constructed," or
"Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the
improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to
the City Engineer.
13.Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one
(1) year, beginning on the date of final acceptance of the Improvements by the City Council, against
any defective work or labor done, or defective materials furnished, and shall repair or replace such
defective work or materials. If within the warranty period any work or improvement or part of any
work or improvement done,furnished, installed, constructed or caused to be done, furnished, installed
or constructed by Subdivider fails to fulfill any of the requirements of this Agreement or the
improvement plans and specifications referred to herein, Subdivider shall without delay and without
any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or
parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this
requirement, Subdivider hereby authorizes City, at City’s sole option, to perform the work twenty (20)
days after mailing written notice of default to Subdivider and to Subidivider’s Surety, and agrees to
pay the costof such work by City. Should City determine that an urgency requires repairs or
replacements to be made before Subdivider can be notified, City may, in its sole discretion, make the
necessary repairs or replacement or perform the necessary work and Subdivider shall pay to City the
cost of such repairs
14.Release of Security. City shall retain and release securities in accordance with the provisions of
Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require
Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may
affect the amount of payment security released.
15.City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligationhas not
been performed, or commenced and diligently pursued, within sixty (60) days after written notice of
default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of
such performance by City including costs of suit and reasonable attorney's fees incurred by City in
enforcing such obligation. In cases of emergency or compelling public interest, as determined by the
City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall
be deemed waived and all other provisions of this Article shall remain in effect.
16.Injury to Public Improvements, Public Property or Public Utility Facilities. Subdivider shall replace or
have replaced, or repair or have repaired, as the case maybe, all public improvements, public utilities
facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any
work performed under this Agreement. Subdivider shall bear the entire cost of replacement or repairs
of any and all public or public utility property damaged or destroyed by reason of any work done
under this Agreement, whether such property is owned by the United States or any agency thereof, or
the State of California, or any agency or political subdivision thereof, or by City or any public or
private utility corporation or by any combination of such owners. Any repair or replacement shall be to
the satisfaction, and subject to the approval, of the City Engineer.
17.Indemnification.
a. Neither City nor any and all of its officials, employees and agents (“Indemnified Parties”) shall be
liable for any injury to persons or property occasioned by reason of the acts or omissions of
Subdivider, its agents or employees in the performance of this Agreement. Subdivider further agrees
to protect and hold harmless Indemnified Parties form any and all claims, demands, causes of action,
liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because
of, or arising out of, acts or omissions of Subdivider, its agents or employees in the performance of
this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising
out of, in whole or in part, the design of construction of the Improvements. This indemnification and
agreement to hold harmless shall extend to injuries to persons and damages or taking of property
resulting from the design or construction of said subdivision, and the public improvements as
provided herein, and in addition, to adjacent property owners as a consequence of the diversion of
waters from the design or construction of public drainage systems, streets and other public
improvements.
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b. Acceptance by City of the Improvements shall not constitute an assumption by City ofany
responsibility for any damage or taking covered by this paragraph. City shall not be responsible for
the design or construction of the subdivision or the improvements pursuant to the approved
Improvement Plans or map, regardless of any negligent action or inaction taken by City in approving
the plans or map, unless the particular improvement design was specifically required by City over
written objection by Subdivider submitted to the City Engineer before approval of the particular
improvement design, which objection indicated that the particular improvement design was
dangerous or defective and suggested an alternative safe and feasible design. Except as may be
provided above, City shall not be liable for any negligence, nonfeasance, misfeasance or
malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in
approving, reviewing or inspecting any work or construction. Nothing contained in this paragraph is
intended to or shall be deemed to limit or waive any protectionsor immunities afforded by law to City
or any and all of its officials, employees and agents (“Indemnified Parties”), by virtue of city’s approval
of the plan or design of the Improvements, including without limitation the protections and immunities
afforded by Government Code Section 830.6. After acceptance of the improvements, Subdivider shall
remain obligated to eliminate any defect in design or dangerous condition caused by the design or
construction defect; however, Subdivider shall not be responsible for routine maintenance. Provisions
of this paragraph shall remain in full force and effect for ten (10) years following the acceptance by
City of the Improvements. It is the intent of this paragraph that Subdivider shall be responsible for all
liability for design and construction of the Improvements installed or work done pursuant to this
Agreement and that city shall not be liable for any negligence, nonfeasance, misfeasance or
malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in
approving, reviewing or inspecting any work or construction. The Improvement Security shall not be
required to cover the provisions of this paragraph.
18.No Modification of Conditions. This Agreement shall in no respect act to modify or amend any
provision of the Conditions of Approval. In the event that any requirement or condition of this
Agreement is inconsistent with or fails to include one or more provisions of the Conditions of
Approval, which document(s) is (are) incorporated herein by reference, the provisions in the
Conditions of Approval shall remain in effect and shall control.
19.Severability. In the event that a court of competent jurisdiction determines that any provision or
provisions of this Agreement are unenforceable, all provisions not so held shall remain in full force
and effect.
20.Subdivider No Agent of City. Neither Subdivider nor any of Subdivider’s agents, employees, or
contractors are or shall be considered to be agents of City in connection with the performance of
Subdivider’s obligations under this Agreement.
21. General Provisions.
A.All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent
by registered or certified mail, return receipt requested, to the parties at their respective
addresses indicated hereon. Notices personally delivered shall be effective upon delivery.
Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of
delivery or refusal indicated on the returnreceipt. Either party may change its address for notices
hereunder by notice to the other given in the manner provided in this subparagraph.
B.The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the
heirs, executors, administrators, assigns, and successors of the parties hereto.
C.Neither party to this Agreement relies upon any warranty or representation not contained in this
Agreement.
D.This Agreement shall be governed by and interpreted with respect to the laws of the State of
California.
E.In the event of any dispute between the parties with respect to this Agreement, the prevailing
party shall be entitled to prompt payment of its reasonable attorneys' fees from the non-prevailing
party.
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F. Any failure or delay by either party in asserting any of its rights and remedies as to any default
shall not operate as a waiver of any default or of any such rights or remedies provided for
hereunder.
G.Time is of the essence in the performance of each and every provision of this Agreement.
H.The Recitals to this Agreement are hereby incorporated into and expressly made a part of the
terms of this Agreement.
I.This Agreement constitutes the entire agreement of the parties with respect to the subject matter.
All modifications, amendments, or waivers of the terms of this Agreement must be in writing and
signed by the appropriate representatives of the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first
written above.
CITY:City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
760/777-7075
________________________________ ___________________
Frank J. Spevacek, City Manager Date
ATTEST:
____________________________________________
Susan Maysels, City Clerk
RREF II-CWC LaQ, LLC, a California limited liability company
5927 Priestly Drive, Suite 110
Carlsbad, CA 92008
By: California West Construction, Inc., a California corporation
Its: Authorized Agent
By:______________________________________ ________________________________
Donald W. Fontana Date
Title President
By:______________________________________________________________________
Date
Title:_______________________________________
Reviewed and Approved:
______________________________________________________________
Timothy R. Jonasson, P.E., City Engineer Date
Approved as to Form:
_________________________________________________________________
William H. Ihrke, City Attorney Date
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Exhibit A
SECURITY – TRACT MAP NO. 36537-2
ON-SITE IMPROVEMENTS
Improvements designated as "Participatory" have been or will be constructed by others. Security for
Participatory Improvements shall remain in place indefinitely until called upon or released by City.
Monumentation security shall guarantee performance of or payment for the work and shall be utilizedor
released as specified in Chapter 4, Article 9 of the Subdivision Map Act.
As elements of the work are completed, Subdivider may request a maximum of two partial releases of
performance security. Partial releases shall be for not less than ten percent(10%) of the total
performance security for the Tract and shall not reduce total performance security below the amount
necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases
of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer.
Requests for partial releases, setting forth in detail the amount of work completed and the value thereof,
shall be made in writing to the City Engineer.
Labor & materials security shall remain in place until 90 days after all required Tract improvements are
complete and accepted by the City Council.
Improvement DescriptionPerformanceLabor & Materials
$ 186,175
Street $ -
$ 214,600
Domestic Water$ -
$ 269,640
Sanitary Sewer$ -
$ 345,000
Dry Utilities$ -
$ 10,000
Monumentation$ -
$ 1,023,028
Landscaping$ -
$ 2,048,443
Totals$ -
$ 204,844
Standard 10% Contingency$ -
$ 2,253,287
Total Construction Cost$ -
$ 225,329
Professional Fees, Design 10%$ -
$ 225,329
Professional Fees, Const 10%$ -
$ 2,703,945
Bond Amount$ -
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98
CITY MEETING DATE: September 16, 2014
ITEM TITLE: APPROVE COMPENSATION
AGREEMENTS WITH TAXING ENTITIES REGARDING
THE DISPOSITION AND USE OF FORMER
REDEVELOPMENT AGENCY PROPERTY ASSETS
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 10
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Approve compensation agreements with all taxing entities and authorize City
Manager to modify and/or execute said agreements with City Attorney approval.
EXECUTIVE SUMMARY:
• The La Quinta Successor Agency assumed control of the former La Quinta
Redevelopment Agency's non -housing assets, which included property
designated for a second municipal golf course and a public building at
SilverRock Resort.
• By state requirement, a Long Range Property Management Plan (LRPMP) for
this property was submitted to the Department of Finance to determine the
use and disposition of all properties in the plan.
• The state has now approved the LRPMP and directed the City to enter into
compensation agreements (Attachment 1) with taxing entities.
• Nine taxing entities must approve the agreements as part of the disposition
of the properties by the City pursuant to the LRPMP.
• Approval and authorization to modify the agreements (if necessary) will allow
the City to expediently work through the approval process.
FISCAL IMPACT:
The properties subject to the LRPMP cannot be sold for more than $1 .00 because
tax exempt bond proceeds were utilized to purchase the property. Since the value
1*1
100
ATTACHMENT1
AGREEMENT FOR TAXING ENTITY COMPENSATION
Agreement
This Agreement for Taxing Entity Compensation (this “”), dated for reference
purposes as of ________________, 2014, is entered into by and among the following public
PartiesTaxing
agencies (all of which are collectively referred to herein as the “” and as the “
Entities
”):
City
City of La Quinta, a California municipal corporation (“”);
County
County of Riverside, a political subdivision of the State of California (“”);
RECITALS
A. Pursuant to Assembly Bill 26 from the 2011-12 First Extraordinary Session of the
ABx1 26
California Legislature (“”) and the California Supreme Court’s decision in California
th
Redevelopment Association v. Matosantos (2011) 53 Cal.4 231, effective February 1, 2012, the
Redevelopment AgencyRDA
La Quinta Redevelopment Agency (“” or “”) was dissolved, and
AB
pursuant to Health & Safety Code Section 34173 as amended by Assembly Bill 1484 (“
1484
”), the La Quinta Successor Agency became the successor-in-interest by operation of law to
Successor Agency
the Redevelopment Agency (the “”).
B. Pursuant to Health and Safety Code Section 34191.5, the Successor Agency
LRPMP
prepared a Long-Range Property Management Plan (“”) that addresses disposition of
the real property formerly owned by the Redevelopment Agency.
C. On August 6, 2014, the LRPMP was approved by Resolution of the Oversight
Oversight Board
Board to the Successor Agency (the “”), a seven-member board established
pursuant to Health and Safety Code Section 34179 that includes representatives appointed by the
Taxing Entities, as specified.
DOF
D. On ___________, 2014, the State Department of Finance (“”) approved the
LRPMP.
E. This Agreement is negotiated and entered into by the Parties pursuant to the
LRPMP as approved by the DOF. As such, this Agreement relates to the disposition and use of
former RDA real property assets governed by the LRPMP and shall control the distribution to
the Taxing Entities of proceeds received by the City for the disposition and use of the former
RDA real property assets identified in this Agreement. To the extent there may be a conflict
between any provision of law and the terms and conditions of this Agreement, this Agreement
shall control pursuant to Health and Safety Code section 34191.3.
NOW THEREFORE, the Parties agree as follows:
1.Purpose. This Agreement is executed with reference to the facts set forth in the
foregoing Recitals, which are incorporated into this Agreement by this reference. The purpose of
this Agreement is to address the allocation of certain prospective revenues among the taxing
Tax Base
entities that share in the property tax base (“”) for property located within the
redevelopment project areas formerly administered by the Redevelopment Agency.
698/015610-0120
7244869.4 a09/10/14
101
2.Special Districts and Funds. The governing boards of certain of the Taxing
Entities administer certain special districts and funds that receive allocations of property taxes
from the Tax Base. The governing board of the County is authorized to execute this Agreement
on behalf of such special districts and funds governed and administered by the County and shall
cause any Net Unrestricted Proceeds (as defined below) to be distributed to those special districts
and funds, as applicable, including but not limited to the Riverside County ERAF fund(s), any
Riverside County library fund(s), and Riverside County flood control district.
3.Parcels to be Conveyed to City for Future Development Consistent with LRPMP.
The LRPMP provides that, pursuant to Health & Safety Code Section 34191.5(c)(2), certain
parcels formerly owned by the Redevelopment Agency shall be transferred by the Successor
Agency to the City for future development, which parcels are listed in Exhibit “A” attached
Development
hereto and incorporated by reference (collectively referred to herein as the “
Property
”).
4.Parcels May Be Conveyed to Public Agencies for Governmental Uses. The
Parties agree that the LRPMP may provide, pursuant to Health & Safety Code Section
34191.5(c)(2), that certain parcels formerly owned by the Redevelopment Agency will be
transferred by the Successor Agency to the City for continued governmental uses. No
compensation will be paid to the City or to the Taxing Entities in connection with the transfers of
these parcels for continued governmental uses, as approved by the DOF in the LRPMP.
5.Covenant to Distribute Specified Proceeds to Taxing Entities Upon Sale of
Development Property. The City agrees that, consistent with the LRPMP approved by DOF, the
City shall remit Net Unrestricted Proceeds to the Riverside County Auditor-Controller’s Office
Auditor-ControllerNet Unrestricted Proceeds
(“”) for distribution to the Taxing Entities. “”
shall mean the proceeds of sale received by the City for the sale of the Development Property,
less: (i) costs incurred by City for expenses in connection with the management and disposition
of the Development Property, including without limitation, costs incurred for property
management, maintenance, insurance, marketing, appraisals, brokers’ fees, escrow, closing costs,
survey, title insurance, attorneys’ and consultants’ fees, and other reasonable costs incurred,
including reasonable compensation for City staff performing functions associated with the
management, maintenance and disposition of the Development Property, and (ii) any proceeds of
sale that are restricted by virtue of the source of funds (e.g. grant funds or the proceeds of bonds)
that were used for the original acquisition of the Development Property.
6.Sale Procedures and Proceeds; Distribution to Taxing Entities. Upon the
subsequent conveyance of the Development Property from the City to any private (non-public
agency) third party, the City shall remit to the Auditor-Controller the Net Unrestricted Proceeds
(if any) received by the City from the conveyance of the Development Property within 30 days
after receipt by the City. The Auditor-Controller thereafter shall have the obligation to distribute
to the Taxing Entities in accordance with each Taxing Entity’s pro rata share of the Tax Base
(pursuant to Health and Safety Code Section 34188 or other applicable law) the Net Unrestricted
Proceeds remitted to the Auditor-Controller by the City pursuant to this Agreement. The Parties
acknowledge and agree that City is obligated to convey the Development Property consistent
with the LRPMP and terms and conditions governing the disposition of the Development
Property by and between the purchaser of the parcels that comprise the Development Property.
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The Parties further acknowledge and agree that, due to the encumbrances and restrictions
attached to and running with the Development Property, the value of the Development Property
(or any portion thereof) shall be the amount of money the City receives for the conveyance of the
Development Property (or any portion thereof) at the time of that conveyance to a private (non-
public agency) third party, and such value shall be used to determine the Net Unrestricted
Proceeds to be remitted to the Auditor-Controller pursuant to this Agreement.
7.Reservation of Rights Re: Compensation Agreement. The Successor Agency
interprets Health and Safety Code Sections 34191.3 and 34191.5 to mean that, once a long-range
property management plan has been approved by DOF, it supersedes all other provisions of the
statute relating to the disposition and use of the former redevelopment agency’s real property,
and agreements with taxing entities are not required in connection with the disposition of a
successor agency’s real property to the sponsoring city for governmental uses or for subsequent
disposition for future development. Nevertheless, pursuant to DOF direction, the City enters into
this Agreement with the Taxing Entities to address the disposition of Development Property
pursuant to the LRPMP. If a court order, legislation, or DOF policy reverses the requirement
issued by the DOF to enter into this Agreement, the Parties acknowledge that the City shall have
no obligation to enter into this Agreement with the Taxing Entities, and in such event, the City
shall be permitted to convey the Development Property even if this Agreement has not been
executed by all Taxing Entities. Notwithstanding the foregoing, the City agrees that it shall
comply with the LRPMP, as approved by DOF, and make a payment of Net Unrestricted
Proceeds (if any) to the Taxing Entities pursuant to this Agreement.
8.Miscellaneous Provisions.
8.1Notices. Except as otherwise specified in this Agreement, all notices to be sent
pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective
addresses specified on the signature pages to this Agreement or to such other address as a Party
may designate by written notice delivered to the other Parties in accordance with this Section. In
addition to any other method of delivery agreed upon between respective Parties, all such notices
shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii)
Electronic mail (e-mail) or facsimile, in which case notice shall be deemed delivered on the next
business day after confirmation that the intended recipient received the notice via e-mail or
facsimile; (iii) certified or registered mail, return receipt requested, in which case notice shall be
deemed delivered on receipt if delivery is confirmed by a return receipt; or (iv) nationally
recognized overnight courier, with charges prepaid or charged to the sender’s account, in which
case notice is effective on delivery if delivery is confirmed by the delivery service.
8.2Headings; Interpretation. The section headings and captions used herein are
solely for convenience and shall not be used to interpret this Agreement. The Parties agree that
this Agreement shall not be construed as if prepared by one of the Parties, but rather according to
its fair meaning as a whole, as if all Parties had prepared it.
8.3Action or Approval. Whenever action and/or approval by City is required under
this Agreement, the City Manager or his or her designee may act on and/or approve such matter
unless specifically provided otherwise, or unless the City Manager determines in his or her
discretion that such action or approval requires referral to City Council for consideration.
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8.4Entire Agreement. This Agreement, including exhibits attached hereto and
incorporated herein by this reference, contains the entire agreement among the Parties with
respect to the subject matter hereof, and supersedes all prior written or oral agreements,
understandings, representations or statements between the Parties with respect to the subject
matter hereof.
8.5Non-Waiver. No waiver of a breach, failure of any condition, or any right or
remedy contained in or granted by the provisions of this Agreement shall be effective unless it is
in writing and signed by the Party charged with or claimed to have waived any such provision.
8.6Amendment. This Agreement may be amended or modified, in whole or in part,
only in writing and only if signed by the Party or Parties to be bound by the amendment or
modification.
8.7Severability. If any term, provision, or condition of this Agreement is held by a
court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement
shall continue in full force and effect unless an essential purpose of this Agreement is defeated
by such invalidity or unenforceability.
8.8No Third Party Beneficiaries. Except as expressly set forth herein, nothing
contained in this Agreement is intended to or shall be deemed to confer upon any person, other
than the Parties and their respective successors and assigns, any rights or remedies hereunder.
8.9Parties Not Co-Venturers; Independent Contractor; No Agency Relationship.
Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers,
or principal and agent with one another. The relationship of the Parties shall not be construed as
a joint venture, equity venture, partnership or any other relationship.
8.10Governing Law; Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of California without regard to principles of conflicts of
laws. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior
Court of Riverside County, California.
8.11Counterparts. This Agreement may be executed in counterparts, each of which
shall be an original and all of which taken together shall constitute one instrument. The
signature page of any counterpart may be detached therefrom without impairing the legal effect
of the signature(s) thereon provided such signature page is attached to any other counterpart
identical thereto having additional signature pages executed by the other Parties. Any executed
counterpart of this Agreement may be delivered to the other Parties by e-mail attachment or
facsimile and shall be deemed as binding as if an originally signed counterpart was delivered.
SIGNATURES ON FOLLOWING PAGES
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IN WITNESS WHEREOF, the Parties have executed this Agreement by their authorized
representatives as indicated below.
CITY OF LA QUINTA, a California Municipal Corporation
By:
Name:
Title:
Attest:
City Clerk
Approved as to form:
City Attorney
Address for Notices:
To City Hall: City of La Quinta
78-495 Calle Tampico
P.O. Box 1504
La Quinta, CA 92253
Attention: City Manager
with a copy to: Rutan & Tucker, LLP
611 Anton Blvd., Suite 1400
Costa Mesa, CA 92626
Attention: William H. Ihrke, Esq.
SIGNATURES CONTINUED ON FOLLOWING PAGES
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COUNTY OF RIVERSIDE, a political subdivision of the State of California, and for the
county-administered special districts and funds.
By:
Name:
Title:
Attest by:
Approved as to form:
County Counsel
Address for Notices:
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EXHIBIT “A”
DEVELOPMENT PROPERTY
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AGREEMENT FOR TAXING ENTITY COMPENSATION
Agreement
This Agreement for Taxing Entity Compensation (this “”), dated for reference
purposes as of ________________ , 2014, is entered into by and among the following public
PartiesTaxing
agencies (all of which are collectively referred to herein as the “” and as the “
Entities
”):
City
City of La Quinta, a California municipal corporation (“”);
CVWD
Coachella Valley Water District, a public body (“”)
RECITALS
A. Pursuant to Assembly Bill 26 from the 2011-12 First Extraordinary Session of the
ABx1 26
California Legislature (“”) and the California Supreme Court’s decision in California
th
Redevelopment Association v. Matosantos (2011) 53 Cal.4 231, effective February 1, 2012, the
Redevelopment AgencyRDA
La Quinta Redevelopment Agency (“” or “”) was dissolved, and
AB
pursuant to Health & Safety Code Section 34173 as amended by Assembly Bill 1484 (“
1484
”), the La Quinta Successor Agency became the successor-in-interest by operation of law to
Successor Agency
the Redevelopment Agency (the “”).
B. Pursuant to Health and Safety Code Section 34191.5, the Successor Agency
LRPMP
prepared a Long-Range Property Management Plan (“”) that addresses disposition of
the real property formerly owned by the Redevelopment Agency.
C. On August 6, 2014, the LRPMP was approved by Resolution of the Oversight
Oversight Board
Board to the Successor Agency (the “”), a seven-member board established
pursuant to Health and Safety Code Section 34179 that includes representatives appointed by the
Taxing Entities, as specified.
DOF
D. On ___________, 2014, the State Department of Finance (“”) approved the
LRPMP.
E. This Agreement is negotiated and entered into by the Parties pursuant to the
LRPMP as approved by the DOF. As such, this Agreement relates to the disposition and use of
former RDA real property assets governed by the LRPMP and shall control the distribution to
the Taxing Entities of proceeds received by the City for the disposition and use of the former
RDA real property assets identified in this Agreement. To the extent there may be a conflict
between any provision of law and the terms and conditions of this Agreement, this Agreement
shall control pursuant to Health and Safety Code section 34191.3.
NOW THEREFORE, the Parties agree as follows:
1.Purpose. This Agreement is executed with reference to the facts set forth in the
foregoing Recitals, which are incorporated into this Agreement by this reference. The purpose of
this Agreement is to address the allocation of certain prospective revenues among the taxing
Tax Base
entities that share in the property tax base (“”) for property located within the
redevelopment project areas formerly administered by the Redevelopment Agency.
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2.Special Districts and Funds. The governing boards of certain of the Taxing
Entities administer certain special districts and funds that receive allocations of property taxes
from the Tax Base. The governing board of CVWD is authorized to execute this Agreement on
behalf of such special districts and funds governed and administered by CVWD and shall cause
any Net Unrestricted Proceeds (as defined below) to be distributed to those special districts and
funds, as applicable.
3.Parcels to be Conveyed to City for Future Development Consistent with LRPMP.
The LRPMP provides that, pursuant to Health & Safety Code Section 34191.5(c)(2), certain
parcels formerly owned by the Redevelopment Agency shall be transferred by the Successor
Agency to the City for future development, which parcels are listed in Exhibit “A” attached
Development
hereto and incorporated by reference (collectively referred to herein as the “
Property
”).
4.Parcels May Be Conveyed to Public Agencies for Governmental Uses. The
Parties agree that the LRPMP may provide, pursuant to Health & Safety Code Section
34191.5(c)(2), that certain parcels formerly owned by the Redevelopment Agency will be
transferred by the Successor Agency to the City for continued governmental uses. No
compensation will be paid to the City or to the Taxing Entities in connection with the transfers of
these parcels for continued governmental uses, as approved by the DOF in the LRPMP.
5.Covenant to Distribute Specified Proceeds to Taxing Entities Upon Sale of
Development Property. The City agrees that, consistent with the LRPMP approved by DOF, the
City shall remit Net Unrestricted Proceeds to the Riverside County Auditor-Controller’s Office
Auditor-ControllerNet Unrestricted Proceeds
(“”) for distribution to the Taxing Entities. “”
shall mean the proceeds of sale received by the City for the sale of the Development Property,
less: (i) costs incurred by City for expenses in connection with the management and disposition
of the Development Property, including without limitation, costs incurred for property
management, maintenance, insurance, marketing, appraisals, brokers’ fees, escrow, closing costs,
survey, title insurance, attorneys’ and consultants’ fees, and other reasonable costs incurred,
including reasonable compensation for City staff performing functions associated with the
management, maintenance and disposition of the Development Property, and (ii) any proceeds of
sale that are restricted by virtue of the source of funds (e.g. grant funds or the proceeds of bonds)
that were used for the original acquisition of the Development Property.
6.Sale Procedures and Proceeds; Distribution to Taxing Entities. Upon the
subsequent conveyance of the Development Property from the City to any private (non-public
agency) third party, the City shall remit to the Auditor-Controller the Net Unrestricted Proceeds
(if any) received by the City from the conveyance of the Development Property within 30 days
after receipt by the City. The Auditor-Controller thereafter shall have the obligation to distribute
to the Taxing Entities in accordance with each Taxing Entity’s pro rata share of the Tax Base
(pursuant to Health and Safety Code Section 34188 or other applicable law) the Net Unrestricted
Proceeds remitted to the Auditor-Controller by the City pursuant to this Agreement. The Parties
acknowledge and agree that City is obligated to convey the Development Property consistent
with the LRPMP and terms and conditions governing the disposition of the Development
Property by and between the purchaser of the parcels that comprise the Development Property.
The Parties further acknowledge and agree that, due to the encumbrances and restrictions
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attached to and running with the Development Property, the value of the Development Property
(or any portion thereof) shall be the amount of money the City receives for the conveyance of the
Development Property (or any portion thereof) at the time of that conveyance to a private (non-
public agency) third party, and such value shall be used to determine the Net Unrestricted
Proceeds to be remitted to the Auditor-Controller pursuant to this Agreement.
7.Reservation of Rights Re: Compensation Agreement. The Successor Agency
interprets Health and Safety Code Sections 34191.3 and 34191.5 to mean that, once a long-range
property management plan has been approved by DOF, it supersedes all other provisions of the
statute relating to the disposition and use of the former redevelopment agency’s real property,
and agreements with taxing entities are not required in connection with the disposition of a
successor agency’s real property to the sponsoring city for governmental uses or for subsequent
disposition for future development. Nevertheless, pursuant to DOF direction, the City enters into
this Agreement with the Taxing Entities to address the disposition of Development Property
pursuant to the LRPMP. If a court order, legislation, or DOF policy reverses the requirement
issued by the DOF to enter into this Agreement, the Parties acknowledge that the City shall have
no obligation to enter into this Agreement with the Taxing Entities, and in such event, the City
shall be permitted to convey the Development Property even if this Agreement has not been
executed by all Taxing Entities. Notwithstanding the foregoing, the City agrees that it shall
comply with the LRPMP, as approved by DOF, and make a payment of Net Unrestricted
Proceeds (if any) to the Taxing Entities pursuant to this Agreement.
8.Miscellaneous Provisions.
8.1Notices. Except as otherwise specified in this Agreement, all notices to be sent
pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective
addresses specified on the signature pages to this Agreement or to such other address as a Party
may designate by written notice delivered to the other Parties in accordance with this Section. In
addition to any other method of delivery agreed upon between respective Parties, all such notices
shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii)
Electronic mail (e-mail) or facsimile, in which case notice shall be deemed delivered on the next
business day after confirmation that the intended recipient received the notice via e-mail or
facsimile; (iii) certified or registered mail, return receipt requested, in which case notice shall be
deemed delivered on receipt if delivery is confirmed by a return receipt; or (iv) nationally
recognized overnight courier, with charges prepaid or charged to the sender’s account, in which
case notice is effective on delivery if delivery is confirmed by the delivery service.
8.2Headings; Interpretation. The section headings and captions used herein are
solely for convenience and shall not be used to interpret this Agreement. The Parties agree that
this Agreement shall not be construed as if prepared by one of the Parties, but rather according to
its fair meaning as a whole, as if all Parties had prepared it.
8.3Action or Approval. Whenever action and/or approval by City is required under
this Agreement, the City Manager or his or her designee may act on and/or approve such matter
unless specifically provided otherwise, or unless the City Manager determines in his or her
discretion that such action or approval requires referral to City Council for consideration.
698/015610-0120
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8.4Entire Agreement. This Agreement, including exhibits attached hereto and
incorporated herein by this reference, contains the entire agreement among the Parties with
respect to the subject matter hereof, and supersedes all prior written or oral agreements,
understandings, representations or statements between the Parties with respect to the subject
matter hereof.
8.5Non-Waiver. No waiver of a breach, failure of any condition, or any right or
remedy contained in or granted by the provisions of this Agreement shall be effective unless it is
in writing and signed by the Party charged with or claimed to have waived any such provision.
8.6Amendment. This Agreement may be amended or modified, in whole or in part,
only in writing and only if signed by the Party or Parties to be bound by the amendment or
modification.
8.7Severability. If any term, provision, or condition of this Agreement is held by a
court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement
shall continue in full force and effect unless an essential purpose of this Agreement is defeated
by such invalidity or unenforceability.
8.8No Third Party Beneficiaries. Except as expressly set forth herein, nothing
contained in this Agreement is intended to or shall be deemed to confer upon any person, other
than the Parties and their respective successors and assigns, any rights or remedies hereunder.
8.9Parties Not Co-Venturers; Independent Contractor; No Agency Relationship.
Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers,
or principal and agent with one another. The relationship of the Parties shall not be construed as
a joint venture, equity venture, partnership or any other relationship.
8.10Governing Law; Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of California without regard to principles of conflicts of
laws. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior
Court of Riverside County, California.
8.11Counterparts. This Agreement may be executed in counterparts, each of which
shall be an original and all of which taken together shall constitute one instrument. The
signature page of any counterpart may be detached therefrom without impairing the legal effect
of the signature(s) thereon provided such signature page is attached to any other counterpart
identical thereto having additional signature pages executed by the other Parties. Any executed
counterpart of this Agreement may be delivered to the other Parties by e-mail attachment or
facsimile and shall be deemed as binding as if an originally signed counterpart was delivered.
SIGNATURES ON FOLLOWING PAGES
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IN WITNESS WHEREOF, the Parties have executed this Agreement by their authorized
representatives as indicated below.
CITY OF LA QUINTA, a California Municipal Corporation
By:
Name:
Title:
Attest:
City Clerk
Approved as to form:
City Attorney
Address for Notices:
To City Hall: City of La Quinta
78-495 Calle Tampico
P.O. Box 1504
La Quinta, CA 92253
Attention: City Manager
with a copy to: Rutan & Tucker, LLP
611 Anton Blvd., Suite 1400
Costa Mesa, CA 92626
Attention: William H. Ihrke, Esq.
SIGNATURES CONTINUED ON FOLLOWING PAGES
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COACHELLA VALLEY WATER DISTRICT, a public body, corporate and politic
By:
Name:
Title:
Attest by:
Approved as to form:
Address for Notices:
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EXHIBIT “A”
DEVELOPMENT PROPERTY
698/015610-0120
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114
AGREEMENT FOR TAXING ENTITY COMPENSATION
Agreement
This Agreement for Taxing Entity Compensation (this “”), dated for reference
purposes as of ________________ , 2014, is entered into by and among the following public
PartiesTaxing
agencies (all of which are collectively referred to herein as the “” and as the “
Entities
”):
City
City of La Quinta, a California municipal corporation (“”);
CVRCD
Coachella Valley Resource Conservation District, a public body (“”)
RECITALS
A. Pursuant to Assembly Bill 26 from the 2011-12 First Extraordinary Session of the
ABx1 26
California Legislature (“”) and the California Supreme Court’s decision in California
th
Redevelopment Association v. Matosantos (2011) 53 Cal.4 231, effective February 1, 2012, the
Redevelopment AgencyRDA
La Quinta Redevelopment Agency (“” or “”) was dissolved, and
AB
pursuant to Health & Safety Code Section 34173 as amended by Assembly Bill 1484 (“
1484
”), the La Quinta Successor Agency became the successor-in-interest by operation of law to
Successor Agency
the Redevelopment Agency (the “”).
B. Pursuant to Health and Safety Code Section 34191.5, the Successor Agency
LRPMP
prepared a Long-Range Property Management Plan (“”) that addresses disposition of
the real property formerly owned by the Redevelopment Agency.
C. On August 6, 2014, the LRPMP was approved by Resolution of the Oversight
Oversight Board
Board to the Successor Agency (the “”), a seven-member board established
pursuant to Health and Safety Code Section 34179 that includes representatives appointed by the
Taxing Entities, as specified.
DOF
D. On ___________, 2014, the State Department of Finance (“”) approved the
LRPMP.
E. This Agreement is negotiated and entered into by the Parties pursuant to the
LRPMP as approved by the DOF. As such, this Agreement relates to the disposition and use of
former RDA real property assets governed by the LRPMP and shall control the distribution to
the Taxing Entities of proceeds received by the City for the disposition and use of the former
RDA real property assets identified in this Agreement. To the extent there may be a conflict
between any provision of law and the terms and conditions of this Agreement, this Agreement
shall control pursuant to Health and Safety Code section 34191.3.
NOW THEREFORE, the Parties agree as follows:
1.Purpose. This Agreement is executed with reference to the facts set forth in the
foregoing Recitals, which are incorporated into this Agreement by this reference. The purpose of
this Agreement is to address the allocation of certain prospective revenues among the taxing
Tax Base
entities that share in the property tax base (“”) for property located within the
redevelopment project areas formerly administered by the Redevelopment Agency.
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2.Special Districts and Funds. The governing boards of certain of the Taxing
Entities administer certain special districts and funds that receive allocations of property taxes
from the Tax Base. The governing board of CVRCD is authorized to execute this Agreement on
behalf of such special districts and funds governed and administered by CVRCD and shall cause
any Net Unrestricted Proceeds (as defined below) to be distributed to those special districts and
funds, as applicable.
3.Parcels to be Conveyed to City for Future Development Consistent with LRPMP.
The LRPMP provides that, pursuant to Health & Safety Code Section 34191.5(c)(2), certain
parcels formerly owned by the Redevelopment Agency shall be transferred by the Successor
Agency to the City for future development, which parcels are listed in Exhibit “A” attached
Development
hereto and incorporated by reference (collectively referred to herein as the “
Property
”).
4.Parcels May Be Conveyed to Public Agencies for Governmental Uses. The
Parties agree that the LRPMP may provide, pursuant to Health & Safety Code Section
34191.5(c)(2), that certain parcels formerly owned by the Redevelopment Agency will be
transferred by the Successor Agency to the City for continued governmental uses. No
compensation will be paid to the City or to the Taxing Entities in connection with the transfers of
these parcels for continued governmental uses, as approved by the DOF in the LRPMP.
5.Covenant to Distribute Specified Proceeds to Taxing Entities Upon Sale of
Development Property. The City agrees that, consistent with the LRPMP approved by DOF, the
City shall remit Net Unrestricted Proceeds to the Riverside County Auditor-Controller’s Office
Auditor-ControllerNet Unrestricted Proceeds
(“”) for distribution to the Taxing Entities. “”
shall mean the proceeds of sale received by the City for the sale of the Development Property,
less: (i) costs incurred by City for expenses in connection with the management and disposition
of the Development Property, including without limitation, costs incurred for property
management, maintenance, insurance, marketing, appraisals, brokers’ fees, escrow, closing costs,
survey, title insurance, attorneys’ and consultants’ fees, and other reasonable costs incurred,
including reasonable compensation for City staff performing functions associated with the
management, maintenance and disposition of the Development Property, and (ii) any proceeds of
sale that are restricted by virtue of the source of funds (e.g. grant funds or the proceeds of bonds)
that were used for the original acquisition of the Development Property.
6.Sale Procedures and Proceeds; Distribution to Taxing Entities. Upon the
subsequent conveyance of the Development Property from the City to any private (non-public
agency) third party, the City shall remit to the Auditor-Controller the Net Unrestricted Proceeds
(if any) received by the City from the conveyance of the Development Property within 30 days
after receipt by the City. The Auditor-Controller thereafter shall have the obligation to distribute
to the Taxing Entities in accordance with each Taxing Entity’s pro rata share of the Tax Base
(pursuant to Health and Safety Code Section 34188 or other applicable law) the Net Unrestricted
Proceeds remitted to the Auditor-Controller by the City pursuant to this Agreement. The Parties
acknowledge and agree that City is obligated to convey the Development Property consistent
with the LRPMP and terms and conditions governing the disposition of the Development
Property by and between the purchaser of the parcels that comprise the Development Property.
The Parties further acknowledge and agree that, due to the encumbrances and restrictions
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attached to and running with the Development Property, the value of the Development Property
(or any portion thereof) shall be the amount of money the City receives for the conveyance of the
Development Property (or any portion thereof) at the time of that conveyance to a private (non-
public agency) third party, and such value shall be used to determine the Net Unrestricted
Proceeds to be remitted to the Auditor-Controller pursuant to this Agreement.
7.Reservation of Rights Re: Compensation Agreement. The Successor Agency
interprets Health and Safety Code Sections 34191.3 and 34191.5 to mean that, once a long-range
property management plan has been approved by DOF, it supersedes all other provisions of the
statute relating to the disposition and use of the former redevelopment agency’s real property,
and agreements with taxing entities are not required in connection with the disposition of a
successor agency’s real property to the sponsoring city for governmental uses or for subsequent
disposition for future development. Nevertheless, pursuant to DOF direction, the City enters into
this Agreement with the Taxing Entities to address the disposition of Development Property
pursuant to the LRPMP. If a court order, legislation, or DOF policy reverses the requirement
issued by the DOF to enter into this Agreement, the Parties acknowledge that the City shall have
no obligation to enter into this Agreement with the Taxing Entities, and in such event, the City
shall be permitted to convey the Development Property even if this Agreement has not been
executed by all Taxing Entities. Notwithstanding the foregoing, the City agrees that it shall
comply with the LRPMP, as approved by DOF, and make a payment of Net Unrestricted
Proceeds (if any) to the Taxing Entities pursuant to this Agreement.
8.Miscellaneous Provisions.
8.1Notices. Except as otherwise specified in this Agreement, all notices to be sent
pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective
addresses specified on the signature pages to this Agreement or to such other address as a Party
may designate by written notice delivered to the other Parties in accordance with this Section. In
addition to any other method of delivery agreed upon between respective Parties, all such notices
shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii)
Electronic mail (e-mail) or facsimile, in which case notice shall be deemed delivered on the next
business day after confirmation that the intended recipient received the notice via e-mail or
facsimile; (iii) certified or registered mail, return receipt requested, in which case notice shall be
deemed delivered on receipt if delivery is confirmed by a return receipt; or (iv) nationally
recognized overnight courier, with charges prepaid or charged to the sender’s account, in which
case notice is effective on delivery if delivery is confirmed by the delivery service.
8.2Headings; Interpretation. The section headings and captions used herein are
solely for convenience and shall not be used to interpret this Agreement. The Parties agree that
this Agreement shall not be construed as if prepared by one of the Parties, but rather according to
its fair meaning as a whole, as if all Parties had prepared it.
8.3Action or Approval. Whenever action and/or approval by City is required under
this Agreement, the City Manager or his or her designee may act on and/or approve such matter
unless specifically provided otherwise, or unless the City Manager determines in his or her
discretion that such action or approval requires referral to City Council for consideration.
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8.4Entire Agreement. This Agreement, including exhibits attached hereto and
incorporated herein by this reference, contains the entire agreement among the Parties with
respect to the subject matter hereof, and supersedes all prior written or oral agreements,
understandings, representations or statements between the Parties with respect to the subject
matter hereof.
8.5Non-Waiver. No waiver of a breach, failure of any condition, or any right or
remedy contained in or granted by the provisions of this Agreement shall be effective unless it is
in writing and signed by the Party charged with or claimed to have waived any such provision.
8.6Amendment. This Agreement may be amended or modified, in whole or in part,
only in writing and only if signed by the Party or Parties to be bound by the amendment or
modification.
8.7Severability. If any term, provision, or condition of this Agreement is held by a
court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement
shall continue in full force and effect unless an essential purpose of this Agreement is defeated
by such invalidity or unenforceability.
8.8No Third Party Beneficiaries. Except as expressly set forth herein, nothing
contained in this Agreement is intended to or shall be deemed to confer upon any person, other
than the Parties and their respective successors and assigns, any rights or remedies hereunder.
8.9Parties Not Co-Venturers; Independent Contractor; No Agency Relationship.
Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers,
or principal and agent with one another. The relationship of the Parties shall not be construed as
a joint venture, equity venture, partnership or any other relationship.
8.10Governing Law; Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of California without regard to principles of conflicts of
laws. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior
Court of Riverside County, California.
8.11Counterparts. This Agreement may be executed in counterparts, each of which
shall be an original and all of which taken together shall constitute one instrument. The
signature page of any counterpart may be detached therefrom without impairing the legal effect
of the signature(s) thereon provided such signature page is attached to any other counterpart
identical thereto having additional signature pages executed by the other Parties. Any executed
counterpart of this Agreement may be delivered to the other Parties by e-mail attachment or
facsimile and shall be deemed as binding as if an originally signed counterpart was delivered.
SIGNATURES ON FOLLOWING PAGES
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IN WITNESS WHEREOF, the Parties have executed this Agreement by their authorized
representatives as indicated below.
CITY OF LA QUINTA, a California Municipal Corporation
By:
Name:
Title:
Attest:
City Clerk
Approved as to form:
City Attorney
Address for Notices:
To City Hall: City of La Quinta
78-495 Calle Tampico
P.O. Box 1504
La Quinta, CA 92253
Attention: City Manager
with a copy to: Rutan & Tucker, LLP
611 Anton Blvd., Suite 1400
Costa Mesa, CA 92626
Attention: William H. Ihrke, Esq.
SIGNATURES CONTINUED ON FOLLOWING PAGES
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COACHELLA VALLEY RESOURCE CONSERVATION DISTRICT, a public body,
corporate and politic
By:
Name:
Title:
Attest by:
Approved as to form:
Address for Notices:
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EXHIBIT “A”
DEVELOPMENT PROPERTY
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121
AGREEMENT FOR TAXING ENTITY COMPENSATION
Agreement
This Agreement for Taxing Entity Compensation (this “”), dated for reference
purposes as of ________________ , 2014, is entered into by and among the following public
PartiesTaxing
agencies (all of which are collectively referred to herein as the “” and as the “
Entities
”):
City
City of La Quinta, a California municipal corporation (“”);
CVPCD
Coachella Valley Public Cemetery District, a public body (“”)
RECITALS
A. Pursuant to Assembly Bill 26 from the 2011-12 First Extraordinary Session of the
ABx1 26
California Legislature (“”) and the California Supreme Court’s decision in California
th
Redevelopment Association v. Matosantos (2011) 53 Cal.4 231, effective February 1, 2012, the
Redevelopment AgencyRDA
La Quinta Redevelopment Agency (“” or “”) was dissolved, and
AB
pursuant to Health & Safety Code Section 34173 as amended by Assembly Bill 1484 (“
1484
”), the La Quinta Successor Agency became the successor-in-interest by operation of law to
Successor Agency
the Redevelopment Agency (the “”).
B. Pursuant to Health and Safety Code Section 34191.5, the Successor Agency
LRPMP
prepared a Long-Range Property Management Plan (“”) that addresses disposition of
the real property formerly owned by the Redevelopment Agency.
C. On August 6, 2014, the LRPMP was approved by Resolution of the Oversight
Oversight Board
Board to the Successor Agency (the “”), a seven-member board established
pursuant to Health and Safety Code Section 34179 that includes representatives appointed by the
Taxing Entities, as specified.
DOF
D. On ___________, 2014, the State Department of Finance (“”) approved the
LRPMP.
E. This Agreement is negotiated and entered into by the Parties pursuant to the
LRPMP as approved by the DOF. As such, this Agreement relates to the disposition and use of
former RDA real property assets governed by the LRPMP and shall control the distribution to
the Taxing Entities of proceeds received by the City for the disposition and use of the former
RDA real property assets identified in this Agreement. To the extent there may be a conflict
between any provision of law and the terms and conditions of this Agreement, this Agreement
shall control pursuant to Health and Safety Code section 34191.3.
NOW THEREFORE, the Parties agree as follows:
1.Purpose. This Agreement is executed with reference to the facts set forth in the
foregoing Recitals, which are incorporated into this Agreement by this reference. The purpose of
this Agreement is to address the allocation of certain prospective revenues among the taxing
Tax Base
entities that share in the property tax base (“”) for property located within the
redevelopment project areas formerly administered by the Redevelopment Agency.
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2.Special Districts and Funds. The governing boards of certain of the Taxing
Entities administer certain special districts and funds that receive allocations of property taxes
from the Tax Base. The governing board of CVPCD is authorized to execute this Agreement on
behalf of such special districts and funds governed and administered by CVPCD and shall cause
any Net Unrestricted Proceeds (as defined below) to be distributed to those special districts and
funds, as applicable.
3.Parcels to be Conveyed to City for Future Development Consistent with LRPMP.
The LRPMP provides that, pursuant to Health & Safety Code Section 34191.5(c)(2), certain
parcels formerly owned by the Redevelopment Agency shall be transferred by the Successor
Agency to the City for future development, which parcels are listed in Exhibit “A” attached
Development
hereto and incorporated by reference (collectively referred to herein as the “
Property
”).
4.Parcels May Be Conveyed to Public Agencies for Governmental Uses. The
Parties agree that the LRPMP may provide, pursuant to Health & Safety Code Section
34191.5(c)(2), that certain parcels formerly owned by the Redevelopment Agency will be
transferred by the Successor Agency to the City for continued governmental uses. No
compensation will be paid to the City or to the Taxing Entities in connection with the transfers of
these parcels for continued governmental uses, as approved by the DOF in the LRPMP.
5.Covenant to Distribute Specified Proceeds to Taxing Entities Upon Sale of
Development Property. The City agrees that, consistent with the LRPMP approved by DOF, the
City shall remit Net Unrestricted Proceeds to the Riverside County Auditor-Controller’s Office
Auditor-ControllerNet Unrestricted Proceeds
(“”) for distribution to the Taxing Entities. “”
shall mean the proceeds of sale received by the City for the sale of the Development Property,
less: (i) costs incurred by City for expenses in connection with the management and disposition
of the Development Property, including without limitation, costs incurred for property
management, maintenance, insurance, marketing, appraisals, brokers’ fees, escrow, closing costs,
survey, title insurance, attorneys’ and consultants’ fees, and other reasonable costs incurred,
including reasonable compensation for City staff performing functions associated with the
management, maintenance and disposition of the Development Property, and (ii) any proceeds of
sale that are restricted by virtue of the source of funds (e.g. grant funds or the proceeds of bonds)
that were used for the original acquisition of the Development Property.
6.Sale Procedures and Proceeds; Distribution to Taxing Entities. Upon the
subsequent conveyance of the Development Property from the City to any private (non-public
agency) third party, the City shall remit to the Auditor-Controller the Net Unrestricted Proceeds
(if any) received by the City from the conveyance of the Development Property within 30 days
after receipt by the City. The Auditor-Controller thereafter shall have the obligation to distribute
to the Taxing Entities in accordance with each Taxing Entity’s pro rata share of the Tax Base
(pursuant to Health and Safety Code Section 34188 or other applicable law) the Net Unrestricted
Proceeds remitted to the Auditor-Controller by the City pursuant to this Agreement. The Parties
acknowledge and agree that City is obligated to convey the Development Property consistent
with the LRPMP and terms and conditions governing the disposition of the Development
Property by and between the purchaser of the parcels that comprise the Development Property.
The Parties further acknowledge and agree that, due to the encumbrances and restrictions
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attached to and running with the Development Property, the value of the Development Property
(or any portion thereof) shall be the amount of money the City receives for the conveyance of the
Development Property (or any portion thereof) at the time of that conveyance to a private (non-
public agency) third party, and such value shall be used to determine the Net Unrestricted
Proceeds to be remitted to the Auditor-Controller pursuant to this Agreement.
7.Reservation of Rights Re: Compensation Agreement. The Successor Agency
interprets Health and Safety Code Sections 34191.3 and 34191.5 to mean that, once a long-range
property management plan has been approved by DOF, it supersedes all other provisions of the
statute relating to the disposition and use of the former redevelopment agency’s real property,
and agreements with taxing entities are not required in connection with the disposition of a
successor agency’s real property to the sponsoring city for governmental uses or for subsequent
disposition for future development. Nevertheless, pursuant to DOF direction, the City enters into
this Agreement with the Taxing Entities to address the disposition of Development Property
pursuant to the LRPMP. If a court order, legislation, or DOF policy reverses the requirement
issued by the DOF to enter into this Agreement, the Parties acknowledge that the City shall have
no obligation to enter into this Agreement with the Taxing Entities, and in such event, the City
shall be permitted to convey the Development Property even if this Agreement has not been
executed by all Taxing Entities. Notwithstanding the foregoing, the City agrees that it shall
comply with the LRPMP, as approved by DOF, and make a payment of Net Unrestricted
Proceeds (if any) to the Taxing Entities pursuant to this Agreement.
8.Miscellaneous Provisions.
8.1Notices. Except as otherwise specified in this Agreement, all notices to be sent
pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective
addresses specified on the signature pages to this Agreement or to such other address as a Party
may designate by written notice delivered to the other Parties in accordance with this Section. In
addition to any other method of delivery agreed upon between respective Parties, all such notices
shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii)
Electronic mail (e-mail) or facsimile, in which case notice shall be deemed delivered on the next
business day after confirmation that the intended recipient received the notice via e-mail or
facsimile; (iii) certified or registered mail, return receipt requested, in which case notice shall be
deemed delivered on receipt if delivery is confirmed by a return receipt; or (iv) nationally
recognized overnight courier, with charges prepaid or charged to the sender’s account, in which
case notice is effective on delivery if delivery is confirmed by the delivery service.
8.2Headings; Interpretation. The section headings and captions used herein are
solely for convenience and shall not be used to interpret this Agreement. The Parties agree that
this Agreement shall not be construed as if prepared by one of the Parties, but rather according to
its fair meaning as a whole, as if all Parties had prepared it.
8.3Action or Approval. Whenever action and/or approval by City is required under
this Agreement, the City Manager or his or her designee may act on and/or approve such matter
unless specifically provided otherwise, or unless the City Manager determines in his or her
discretion that such action or approval requires referral to City Council for consideration.
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8.4Entire Agreement. This Agreement, including exhibits attached hereto and
incorporated herein by this reference, contains the entire agreement among the Parties with
respect to the subject matter hereof, and supersedes all prior written or oral agreements,
understandings, representations or statements between the Parties with respect to the subject
matter hereof.
8.5Non-Waiver. No waiver of a breach, failure of any condition, or any right or
remedy contained in or granted by the provisions of this Agreement shall be effective unless it is
in writing and signed by the Party charged with or claimed to have waived any such provision.
8.6Amendment. This Agreement may be amended or modified, in whole or in part,
only in writing and only if signed by the Party or Parties to be bound by the amendment or
modification.
8.7Severability. If any term, provision, or condition of this Agreement is held by a
court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement
shall continue in full force and effect unless an essential purpose of this Agreement is defeated
by such invalidity or unenforceability.
8.8No Third Party Beneficiaries. Except as expressly set forth herein, nothing
contained in this Agreement is intended to or shall be deemed to confer upon any person, other
than the Parties and their respective successors and assigns, any rights or remedies hereunder.
8.9Parties Not Co-Venturers; Independent Contractor; No Agency Relationship.
Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers,
or principal and agent with one another. The relationship of the Parties shall not be construed as
a joint venture, equity venture, partnership or any other relationship.
8.10Governing Law; Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of California without regard to principles of conflicts of
laws. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior
Court of Riverside County, California.
8.11Counterparts. This Agreement may be executed in counterparts, each of which
shall be an original and all of which taken together shall constitute one instrument. The
signature page of any counterpart may be detached therefrom without impairing the legal effect
of the signature(s) thereon provided such signature page is attached to any other counterpart
identical thereto having additional signature pages executed by the other Parties. Any executed
counterpart of this Agreement may be delivered to the other Parties by e-mail attachment or
facsimile and shall be deemed as binding as if an originally signed counterpart was delivered.
SIGNATURES ON FOLLOWING PAGES
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IN WITNESS WHEREOF, the Parties have executed this Agreement by their authorized
representatives as indicated below.
CITY OF LA QUINTA, a California Municipal Corporation
By:
Name:
Title:
Attest:
City Clerk
Approved as to form:
City Attorney
Address for Notices:
To City Hall: City of La Quinta
78-495 Calle Tampico
P.O. Box 1504
La Quinta, CA 92253
Attention: City Manager
with a copy to: Rutan & Tucker, LLP
611 Anton Blvd., Suite 1400
Costa Mesa, CA 92626
Attention: William H. Ihrke, Esq.
SIGNATURES CONTINUED ON FOLLOWING PAGES
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COACHELLA VALLEY PUBLIC CEMETERY DISTRICT, a public body, corporate and
politic
By:
Name:
Title:
Attest by:
Approved as to form:
Address for Notices:
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EXHIBIT “A”
DEVELOPMENT PROPERTY
698/015610-0120
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128
AGREEMENT FOR TAXING ENTITY COMPENSATION
Agreement
This Agreement for Taxing Entity Compensation (this “”), dated for reference
purposes as of ________________ , 2014, is entered into by and among the following public
PartiesTaxing
agencies (all of which are collectively referred to herein as the “” and as the “
Entities
”):
City
City of La Quinta, a California municipal corporation (“”);
CVMVCD
Coachella Valley Mosquito and Vector Control District, a public body (“”);
RECITALS
A. Pursuant to Assembly Bill 26 from the 2011-12 First Extraordinary Session of the
ABx1 26
California Legislature (“”) and the California Supreme Court’s decision in California
th
Redevelopment Association v. Matosantos (2011) 53 Cal.4 231, effective February 1, 2012, the
Redevelopment AgencyRDA
La Quinta Redevelopment Agency (“” or “”) was dissolved, and
AB
pursuant to Health & Safety Code Section 34173 as amended by Assembly Bill 1484 (“
1484
”), the La Quinta Successor Agency became the successor-in-interest by operation of law to
Successor Agency
the Redevelopment Agency (the “”).
B. Pursuant to Health and Safety Code Section 34191.5, the Successor Agency
LRPMP
prepared a Long-Range Property Management Plan (“”) that addresses disposition of
the real property formerly owned by the Redevelopment Agency.
C. On August 6, 2014, the LRPMP was approved by Resolution of the Oversight
Oversight Board
Board to the Successor Agency (the “”), a seven-member board established
pursuant to Health and Safety Code Section 34179 that includes representatives appointed by the
Taxing Entities, as specified.
DOF
D. On ___________, 2014, the State Department of Finance (“”) approved the
LRPMP.
E. This Agreement is negotiated and entered into by the Parties pursuant to the
LRPMP as approved by the DOF. As such, this Agreement relates to the disposition and use of
former RDA real property assets governed by the LRPMP and shall control the distribution to
the Taxing Entities of proceeds received by the City for the disposition and use of the former
RDA real property assets identified in this Agreement. To the extent there may be a conflict
between any provision of law and the terms and conditions of this Agreement, this Agreement
shall control pursuant to Health and Safety Code section 34191.3.
NOW THEREFORE, the Parties agree as follows:
1.Purpose. This Agreement is executed with reference to the facts set forth in the
foregoing Recitals, which are incorporated into this Agreement by this reference. The purpose of
this Agreement is to address the allocation of certain prospective revenues among the taxing
Tax Base
entities that share in the property tax base (“”) for property located within the
redevelopment project areas formerly administered by the Redevelopment Agency.
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2.Special Districts and Funds. The governing boards of certain of the Taxing
Entities administer certain special districts and funds that receive allocations of property taxes
from the Tax Base. The governing board of CVMVCD is authorized to execute this Agreement
on behalf of such special districts and funds governed and administered by CVMVCD and shall
cause any Net Unrestricted Proceeds (as defined below) to be distributed to those special districts
and funds, as applicable.
3.Parcels to be Conveyed to City for Future Development Consistent with LRPMP.
The LRPMP provides that, pursuant to Health & Safety Code Section 34191.5(c)(2), certain
parcels formerly owned by the Redevelopment Agency shall be transferred by the Successor
Agency to the City for future development, which parcels are listed in Exhibit “A” attached
Development
hereto and incorporated by reference (collectively referred to herein as the “
Property
”).
4.Parcels May Be Conveyed to Public Agencies for Governmental Uses. The
Parties agree that the LRPMP may provide, pursuant to Health & Safety Code Section
34191.5(c)(2), that certain parcels formerly owned by the Redevelopment Agency will be
transferred by the Successor Agency to the City for continued governmental uses. No
compensation will be paid to the City or to the Taxing Entities in connection with the transfers of
these parcels for continued governmental uses, as approved by the DOF in the LRPMP.
5.Covenant to Distribute Specified Proceeds to Taxing Entities Upon Sale of
Development Property. The City agrees that, consistent with the LRPMP approved by DOF, the
City shall remit Net Unrestricted Proceeds to the Riverside County Auditor-Controller’s Office
Auditor-ControllerNet Unrestricted Proceeds
(“”) for distribution to the Taxing Entities. “”
shall mean the proceeds of sale received by the City for the sale of the Development Property,
less: (i) costs incurred by City for expenses in connection with the management and disposition
of the Development Property, including without limitation, costs incurred for property
management, maintenance, insurance, marketing, appraisals, brokers’ fees, escrow, closing costs,
survey, title insurance, attorneys’ and consultants’ fees, and other reasonable costs incurred,
including reasonable compensation for City staff performing functions associated with the
management, maintenance and disposition of the Development Property, and (ii) any proceeds of
sale that are restricted by virtue of the source of funds (e.g. grant funds or the proceeds of bonds)
that were used for the original acquisition of the Development Property.
6.Sale Procedures and Proceeds; Distribution to Taxing Entities. Upon the
subsequent conveyance of the Development Property from the City to any private (non-public
agency) third party, the City shall remit to the Auditor-Controller the Net Unrestricted Proceeds
(if any) received by the City from the conveyance of the Development Property within 30 days
after receipt by the City. The Auditor-Controller thereafter shall have the obligation to distribute
to the Taxing Entities in accordance with each Taxing Entity’s pro rata share of the Tax Base
(pursuant to Health and Safety Code Section 34188 or other applicable law) the Net Unrestricted
Proceeds remitted to the Auditor-Controller by the City pursuant to this Agreement. The Parties
acknowledge and agree that City is obligated to convey the Development Property consistent
with the LRPMP and terms and conditions governing the disposition of the Development
Property by and between the purchaser of the parcels that comprise the Development Property.
The Parties further acknowledge and agree that, due to the encumbrances and restrictions
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attached to and running with the Development Property, the value of the Development Property
(or any portion thereof) shall be the amount of money the City receives for the conveyance of the
Development Property (or any portion thereof) at the time of that conveyance to a private (non-
public agency) third party, and such value shall be used to determine the Net Unrestricted
Proceeds to be remitted to the Auditor-Controller pursuant to this Agreement.
7.Reservation of Rights Re: Compensation Agreement. The Successor Agency
interprets Health and Safety Code Sections 34191.3 and 34191.5 to mean that, once a long-range
property management plan has been approved by DOF, it supersedes all other provisions of the
statute relating to the disposition and use of the former redevelopment agency’s real property,
and agreements with taxing entities are not required in connection with the disposition of a
successor agency’s real property to the sponsoring city for governmental uses or for subsequent
disposition for future development. Nevertheless, pursuant to DOF direction, the City enters into
this Agreement with the Taxing Entities to address the disposition of Development Property
pursuant to the LRPMP. If a court order, legislation, or DOF policy reverses the requirement
issued by the DOF to enter into this Agreement, the Parties acknowledge that the City shall have
no obligation to enter into this Agreement with the Taxing Entities, and in such event, the City
shall be permitted to convey the Development Property even if this Agreement has not been
executed by all Taxing Entities. Notwithstanding the foregoing, the City agrees that it shall
comply with the LRPMP, as approved by DOF, and make a payment of Net Unrestricted
Proceeds (if any) to the Taxing Entities pursuant to this Agreement.
8.Miscellaneous Provisions.
8.1Notices. Except as otherwise specified in this Agreement, all notices to be sent
pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective
addresses specified on the signature pages to this Agreement or to such other address as a Party
may designate by written notice delivered to the other Parties in accordance with this Section. In
addition to any other method of delivery agreed upon between respective Parties, all such notices
shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii)
Electronic mail (e-mail) or facsimile, in which case notice shall be deemed delivered on the next
business day after confirmation that the intended recipient received the notice via e-mail or
facsimile; (iii) certified or registered mail, return receipt requested, in which case notice shall be
deemed delivered on receipt if delivery is confirmed by a return receipt; or (iv) nationally
recognized overnight courier, with charges prepaid or charged to the sender’s account, in which
case notice is effective on delivery if delivery is confirmed by the delivery service.
8.2Headings; Interpretation. The section headings and captions used herein are
solely for convenience and shall not be used to interpret this Agreement. The Parties agree that
this Agreement shall not be construed as if prepared by one of the Parties, but rather according to
its fair meaning as a whole, as if all Parties had prepared it.
8.3Action or Approval. Whenever action and/or approval by City is required under
this Agreement, the City Manager or his or her designee may act on and/or approve such matter
unless specifically provided otherwise, or unless the City Manager determines in his or her
discretion that such action or approval requires referral to City Council for consideration.
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8.4Entire Agreement. This Agreement, including exhibits attached hereto and
incorporated herein by this reference, contains the entire agreement among the Parties with
respect to the subject matter hereof, and supersedes all prior written or oral agreements,
understandings, representations or statements between the Parties with respect to the subject
matter hereof.
8.5Non-Waiver. No waiver of a breach, failure of any condition, or any right or
remedy contained in or granted by the provisions of this Agreement shall be effective unless it is
in writing and signed by the Party charged with or claimed to have waived any such provision.
8.6Amendment. This Agreement may be amended or modified, in whole or in part,
only in writing and only if signed by the Party or Parties to be bound by the amendment or
modification.
8.7Severability. If any term, provision, or condition of this Agreement is held by a
court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement
shall continue in full force and effect unless an essential purpose of this Agreement is defeated
by such invalidity or unenforceability.
8.8No Third Party Beneficiaries. Except as expressly set forth herein, nothing
contained in this Agreement is intended to or shall be deemed to confer upon any person, other
than the Parties and their respective successors and assigns, any rights or remedies hereunder.
8.9Parties Not Co-Venturers; Independent Contractor; No Agency Relationship.
Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers,
or principal and agent with one another. The relationship of the Parties shall not be construed as
a joint venture, equity venture, partnership or any other relationship.
8.10Governing Law; Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of California without regard to principles of conflicts of
laws. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior
Court of Riverside County, California.
8.11Counterparts. This Agreement may be executed in counterparts, each of which
shall be an original and all of which taken together shall constitute one instrument. The
signature page of any counterpart may be detached therefrom without impairing the legal effect
of the signature(s) thereon provided such signature page is attached to any other counterpart
identical thereto having additional signature pages executed by the other Parties. Any executed
counterpart of this Agreement may be delivered to the other Parties by e-mail attachment or
facsimile and shall be deemed as binding as if an originally signed counterpart was delivered.
SIGNATURES ON FOLLOWING PAGES
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IN WITNESS WHEREOF, the Parties have executed this Agreement by their authorized
representatives as indicated below.
CITY OF LA QUINTA, a California Municipal Corporation
By:
Name:
Title:
Attest:
City Clerk
Approved as to form:
City Attorney
Address for Notices:
To City Hall: City of La Quinta
78-495 Calle Tampico
P.O. Box 1504
La Quinta, CA 92253
Attention: City Manager
with a copy to: Rutan & Tucker, LLP
611 Anton Blvd., Suite 1400
Costa Mesa, CA 92626
Attention: William H. Ihrke, Esq.
SIGNATURES CONTINUED ON FOLLOWING PAGES
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COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT, a public
body, corporate and politic
By:
Name:
Title:
Attest by:
Approved as to form:
Address for Notices:
SIGNATURES CONTINUED ON FOLLOWING PAGES
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EXHIBIT “A”
DEVELOPMENT PROPERTY
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AGREEMENT FOR TAXING ENTITY COMPENSATION
Agreement
This Agreement for Taxing Entity Compensation (this “”), dated for reference
purposes as of ________________, 2014, is entered into by and among the following public
PartiesTaxing
agencies (all of which are collectively referred to herein as the “” and as the “
Entities
”):
City
City of La Quinta, a California municipal corporation (“”);
DCCD
Desert Community College District, a California community college district (“”);
RECITALS
A. Pursuant to Assembly Bill 26 from the 2011-12 First Extraordinary Session of the
ABx1 26
California Legislature (“”) and the California Supreme Court’s decision in California
th
Redevelopment Association v. Matosantos (2011) 53 Cal.4 231, effective February 1, 2012, the
Redevelopment AgencyRDA
La Quinta Redevelopment Agency (“” or “”) was dissolved, and
AB
pursuant to Health & Safety Code Section 34173 as amended by Assembly Bill 1484 (“
1484
”), the La Quinta Successor Agency became the successor-in-interest by operation of law to
Successor Agency
the Redevelopment Agency (the “”).
B. Pursuant to Health and Safety Code Section 34191.5, the Successor Agency
LRPMP
prepared a Long-Range Property Management Plan (“”) that addresses disposition of
the real property formerly owned by the Redevelopment Agency.
C. On August 6, 2014, the LRPMP was approved by Resolution of the Oversight
Oversight Board
Board to the Successor Agency (the “”), a seven-member board established
pursuant to Health and Safety Code Section 34179 that includes representatives appointed by the
Taxing Entities, as specified.
DOF
D. On ___________, 2014, the State Department of Finance (“”) approved the
LRPMP.
E. This Agreement is negotiated and entered into by the Parties pursuant to the
LRPMP as approved by the DOF. As such, this Agreement relates to the disposition and use of
former RDA real property assets governed by the LRPMP and shall control the distribution to
the Taxing Entities of proceeds received by the City for the disposition and use of the former
RDA real property assets identified in this Agreement. To the extent there may be a conflict
between any provision of law and the terms and conditions of this Agreement, this Agreement
shall control pursuant to Health and Safety Code section 34191.3.
NOW THEREFORE, the Parties agree as follows:
1.Purpose. This Agreement is executed with reference to the facts set forth in the
foregoing Recitals, which are incorporated into this Agreement by this reference. The purpose of
this Agreement is to address the allocation of certain prospective revenues among the taxing
Tax Base
entities that share in the property tax base (“”) for property located within the
redevelopment project areas formerly administered by the Redevelopment Agency.
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2.Special Districts and Funds. The governing boards of certain of the Taxing
Entities administer certain special districts and funds that receive allocations of property taxes
from the Tax Base. The governing board of DCCD is authorized to execute this Agreement on
behalf of such special districts and funds governed and administered by DCCD and shall cause
any Net Unrestricted Proceeds (as defined below) to be distributed to those special districts and
funds, as applicable.
3.Parcels to be Conveyed to City for Future Development Consistent with LRPMP.
The LRPMP provides that, pursuant to Health & Safety Code Section 34191.5(c)(2), certain
parcels formerly owned by the Redevelopment Agency shall be transferred by the Successor
Agency to the City for future development, which parcels are listed in Exhibit “A” attached
Development
hereto and incorporated by reference (collectively referred to herein as the “
Property
”).
4.Parcels May Be Conveyed to Public Agencies for Governmental Uses. The
Parties agree that the LRPMP may provide, pursuant to Health & Safety Code Section
34191.5(c)(2), that certain parcels formerly owned by the Redevelopment Agency will be
transferred by the Successor Agency to the City for continued governmental uses. No
compensation will be paid to the City or to the Taxing Entities in connection with the transfers of
these parcels for continued governmental uses, as approved by the DOF in the LRPMP.
5.Covenant to Distribute Specified Proceeds to Taxing Entities Upon Sale of
Development Property. The City agrees that, consistent with the LRPMP approved by DOF, the
City shall remit Net Unrestricted Proceeds to the Riverside County Auditor-Controller’s Office
Auditor-ControllerNet Unrestricted Proceeds
(“”) for distribution to the Taxing Entities. “”
shall mean the proceeds of sale received by the City for the sale of the Development Property,
less: (i) costs incurred by City for expenses in connection with the management and disposition
of the Development Property, including without limitation, costs incurred for property
management, maintenance, insurance, marketing, appraisals, brokers’ fees, escrow, closing costs,
survey, title insurance, attorneys’ and consultants’ fees, and other reasonable costs incurred,
including reasonable compensation for City staff performing functions associated with the
management, maintenance and disposition of the Development Property, and (ii) any proceeds of
sale that are restricted by virtue of the source of funds (e.g. grant funds or the proceeds of bonds)
that were used for the original acquisition of the Development Property.
6.Sale Procedures and Proceeds; Distribution to Taxing Entities. Upon the
subsequent conveyance of the Development Property from the City to any private (non-public
agency) third party, the City shall remit to the Auditor-Controller the Net Unrestricted Proceeds
(if any) received by the City from the conveyance of the Development Property within 30 days
after receipt by the City. The Auditor-Controller thereafter shall have the obligation to distribute
to the Taxing Entities in accordance with each Taxing Entity’s pro rata share of the Tax Base
(pursuant to Health and Safety Code Section 34188 or other applicable law) the Net Unrestricted
Proceeds remitted to the Auditor-Controller by the City pursuant to this Agreement. The Parties
acknowledge and agree that City is obligated to convey the Development Property consistent
with the LRPMP and terms and conditions governing the disposition of the Development
Property by and between the purchaser of the parcels that comprise the Development Property.
The Parties further acknowledge and agree that, due to the encumbrances and restrictions
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attached to and running with the Development Property, the value of the Development Property
(or any portion thereof) shall be the amount of money the City receives for the conveyance of the
Development Property (or any portion thereof) at the time of that conveyance to a private (non-
public agency) third party, and such value shall be used to determine the Net Unrestricted
Proceeds to be remitted to the Auditor-Controller pursuant to this Agreement.
7.Reservation of Rights Re: Compensation Agreement. The Successor Agency
interprets Health and Safety Code Sections 34191.3 and 34191.5 to mean that, once a long-range
property management plan has been approved by DOF, it supersedes all other provisions of the
statute relating to the disposition and use of the former redevelopment agency’s real property,
and agreements with taxing entities are not required in connection with the disposition of a
successor agency’s real property to the sponsoring city for governmental uses or for subsequent
disposition for future development. Nevertheless, pursuant to DOF direction, the City enters into
this Agreement with the Taxing Entities to address the disposition of Development Property
pursuant to the LRPMP. If a court order, legislation, or DOF policy reverses the requirement
issued by the DOF to enter into this Agreement, the Parties acknowledge that the City shall have
no obligation to enter into this Agreement with the Taxing Entities, and in such event, the City
shall be permitted to convey the Development Property even if this Agreement has not been
executed by all Taxing Entities. Notwithstanding the foregoing, the City agrees that it shall
comply with the LRPMP, as approved by DOF, and make a payment of Net Unrestricted
Proceeds (if any) to the Taxing Entities pursuant to this Agreement.
8.Miscellaneous Provisions.
8.1Notices. Except as otherwise specified in this Agreement, all notices to be sent
pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective
addresses specified on the signature pages to this Agreement or to such other address as a Party
may designate by written notice delivered to the other Parties in accordance with this Section. In
addition to any other method of delivery agreed upon between respective Parties, all such notices
shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii)
Electronic mail (e-mail) or facsimile, in which case notice shall be deemed delivered on the next
business day after confirmation that the intended recipient received the notice via e-mail or
facsimile; (iii) certified or registered mail, return receipt requested, in which case notice shall be
deemed delivered on receipt if delivery is confirmed by a return receipt; or (iv) nationally
recognized overnight courier, with charges prepaid or charged to the sender’s account, in which
case notice is effective on delivery if delivery is confirmed by the delivery service.
8.2Headings; Interpretation. The section headings and captions used herein are
solely for convenience and shall not be used to interpret this Agreement. The Parties agree that
this Agreement shall not be construed as if prepared by one of the Parties, but rather according to
its fair meaning as a whole, as if all Parties had prepared it.
8.3Action or Approval. Whenever action and/or approval by City is required under
this Agreement, the City Manager or his or her designee may act on and/or approve such matter
unless specifically provided otherwise, or unless the City Manager determines in his or her
discretion that such action or approval requires referral to City Council for consideration.
698/015610-0120
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8.4Entire Agreement. This Agreement, including exhibits attached hereto and
incorporated herein by this reference, contains the entire agreement among the Parties with
respect to the subject matter hereof, and supersedes all prior written or oral agreements,
understandings, representations or statements between the Parties with respect to the subject
matter hereof.
8.5Non-Waiver. No waiver of a breach, failure of any condition, or any right or
remedy contained in or granted by the provisions of this Agreement shall be effective unless it is
in writing and signed by the Party charged with or claimed to have waived any such provision.
8.6Amendment. This Agreement may be amended or modified, in whole or in part,
only in writing and only if signed by the Party or Parties to be bound by the amendment or
modification.
8.7Severability. If any term, provision, or condition of this Agreement is held by a
court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement
shall continue in full force and effect unless an essential purpose of this Agreement is defeated
by such invalidity or unenforceability.
8.8No Third Party Beneficiaries. Except as expressly set forth herein, nothing
contained in this Agreement is intended to or shall be deemed to confer upon any person, other
than the Parties and their respective successors and assigns, any rights or remedies hereunder.
8.9Parties Not Co-Venturers; Independent Contractor; No Agency Relationship.
Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers,
or principal and agent with one another. The relationship of the Parties shall not be construed as
a joint venture, equity venture, partnership or any other relationship.
8.10Governing Law; Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of California without regard to principles of conflicts of
laws. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior
Court of Riverside County, California.
8.11Counterparts. This Agreement may be executed in counterparts, each of which
shall be an original and all of which taken together shall constitute one instrument. The
signature page of any counterpart may be detached therefrom without impairing the legal effect
of the signature(s) thereon provided such signature page is attached to any other counterpart
identical thereto having additional signature pages executed by the other Parties. Any executed
counterpart of this Agreement may be delivered to the other Parties by e-mail attachment or
facsimile and shall be deemed as binding as if an originally signed counterpart was delivered.
SIGNATURES ON FOLLOWING PAGES
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IN WITNESS WHEREOF, the Parties have executed this Agreement by their authorized
representatives as indicated below.
CITY OF LA QUINTA, a California Municipal Corporation
By:
Name:
Title:
Attest:
City Clerk
Approved as to form:
City Attorney
Address for Notices:
To City Hall: City of La Quinta
78-495 Calle Tampico
P.O. Box 1504
La Quinta, CA 92253
Attention: City Manager
with a copy to: Rutan & Tucker, LLP
611 Anton Blvd., Suite 1400
Costa Mesa, CA 92626
Attention: William H. Ihrke, Esq.
SIGNATURES CONTINUED ON FOLLOWING PAGES
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DESERT COMMUNITY COLLEGE DISTRICT, a California community college district
By:
Name:
Title:
Attest by:
Approved as to form:
Address for Notices:
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EXHIBIT “A”
DEVELOPMENT PROPERTY
698/015610-0120
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143
AGREEMENT FOR TAXING ENTITY COMPENSATION
Agreement
This Agreement for Taxing Entity Compensation (this “”), dated for reference
purposes as of ________________ , 2014, is entered into by and among the following public
PartiesTaxing
agencies (all of which are collectively referred to herein as the “” and as the “
Entities
”):
City
City of La Quinta, a California municipal corporation (“”);
DRD
Desert Recreation District, a public body (“”)
RECITALS
A. Pursuant to Assembly Bill 26 from the 2011-12 First Extraordinary Session of the
ABx1 26
California Legislature (“”) and the California Supreme Court’s decision in California
th
Redevelopment Association v. Matosantos (2011) 53 Cal.4 231, effective February 1, 2012, the
Redevelopment AgencyRDA
La Quinta Redevelopment Agency (“” or “”) was dissolved, and
AB
pursuant to Health & Safety Code Section 34173 as amended by Assembly Bill 1484 (“
1484
”), the La Quinta Successor Agency became the successor-in-interest by operation of law to
Successor Agency
the Redevelopment Agency (the “”).
B. Pursuant to Health and Safety Code Section 34191.5, the Successor Agency
LRPMP
prepared a Long-Range Property Management Plan (“”) that addresses disposition of
the real property formerly owned by the Redevelopment Agency.
C. On August 6, 2014, the LRPMP was approved by Resolution of the Oversight
Oversight Board
Board to the Successor Agency (the “”), a seven-member board established
pursuant to Health and Safety Code Section 34179 that includes representatives appointed by the
Taxing Entities, as specified.
DOF
D. On ___________, 2014, the State Department of Finance (“”) approved the
LRPMP.
E. This Agreement is negotiated and entered into by the Parties pursuant to the
LRPMP as approved by the DOF. As such, this Agreement relates to the disposition and use of
former RDA real property assets governed by the LRPMP and shall control the distribution to
the Taxing Entities of proceeds received by the City for the disposition and use of the former
RDA real property assets identified in this Agreement. To the extent there may be a conflict
between any provision of law and the terms and conditions of this Agreement, this Agreement
shall control pursuant to Health and Safety Code section 34191.3.
NOW THEREFORE, the Parties agree as follows:
1.Purpose. This Agreement is executed with reference to the facts set forth in the
foregoing Recitals, which are incorporated into this Agreement by this reference. The purpose of
this Agreement is to address the allocation of certain prospective revenues among the taxing
Tax Base
entities that share in the property tax base (“”) for property located within the
redevelopment project areas formerly administered by the Redevelopment Agency.
698/015610-0120
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2.Special Districts and Funds. The governing boards of certain of the Taxing
Entities administer certain special districts and funds that receive allocations of property taxes
from the Tax Base. The governing board of DRD is authorized to execute this Agreement on
behalf of such special districts and funds governed and administered by DRD and shall cause any
Net Unrestricted Proceeds (as defined below) to be distributed to those special districts and
funds, as applicable.
3.Parcels to be Conveyed to City for Future Development Consistent with LRPMP.
The LRPMP provides that, pursuant to Health & Safety Code Section 34191.5(c)(2), certain
parcels formerly owned by the Redevelopment Agency shall be transferred by the Successor
Agency to the City for future development, which parcels are listed in Exhibit “A” attached
Development
hereto and incorporated by reference (collectively referred to herein as the “
Property
”).
4.Parcels May Be Conveyed to Public Agencies for Governmental Uses. The
Parties agree that the LRPMP may provide, pursuant to Health & Safety Code Section
34191.5(c)(2), that certain parcels formerly owned by the Redevelopment Agency will be
transferred by the Successor Agency to the City for continued governmental uses. No
compensation will be paid to the City or to the Taxing Entities in connection with the transfers of
these parcels for continued governmental uses, as approved by the DOF in the LRPMP.
5.Covenant to Distribute Specified Proceeds to Taxing Entities Upon Sale of
Development Property. The City agrees that, consistent with the LRPMP approved by DOF, the
City shall remit Net Unrestricted Proceeds to the Riverside County Auditor-Controller’s Office
Auditor-ControllerNet Unrestricted Proceeds
(“”) for distribution to the Taxing Entities. “”
shall mean the proceeds of sale received by the City for the sale of the Development Property,
less: (i) costs incurred by City for expenses in connection with the management and disposition
of the Development Property, including without limitation, costs incurred for property
management, maintenance, insurance, marketing, appraisals, brokers’ fees, escrow, closing costs,
survey, title insurance, attorneys’ and consultants’ fees, and other reasonable costs incurred,
including reasonable compensation for City staff performing functions associated with the
management, maintenance and disposition of the Development Property, and (ii) any proceeds of
sale that are restricted by virtue of the source of funds (e.g. grant funds or the proceeds of bonds)
that were used for the original acquisition of the Development Property.
6.Sale Procedures and Proceeds; Distribution to Taxing Entities. Upon the
subsequent conveyance of the Development Property from the City to any private (non-public
agency) third party, the City shall remit to the Auditor-Controller the Net Unrestricted Proceeds
(if any) received by the City from the conveyance of the Development Property within 30 days
after receipt by the City. The Auditor-Controller thereafter shall have the obligation to distribute
to the Taxing Entities in accordance with each Taxing Entity’s pro rata share of the Tax Base
(pursuant to Health and Safety Code Section 34188 or other applicable law) the Net Unrestricted
Proceeds remitted to the Auditor-Controller by the City pursuant to this Agreement. The Parties
acknowledge and agree that City is obligated to convey the Development Property consistent
with the LRPMP and terms and conditions governing the disposition of the Development
Property by and between the purchaser of the parcels that comprise the Development Property.
The Parties further acknowledge and agree that, due to the encumbrances and restrictions
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attached to and running with the Development Property, the value of the Development Property
(or any portion thereof) shall be the amount of money the City receives for the conveyance of the
Development Property (or any portion thereof) at the time of that conveyance to a private (non-
public agency) third party, and such value shall be used to determine the Net Unrestricted
Proceeds to be remitted to the Auditor-Controller pursuant to this Agreement.
7.Reservation of Rights Re: Compensation Agreement. The Successor Agency
interprets Health and Safety Code Sections 34191.3 and 34191.5 to mean that, once a long-range
property management plan has been approved by DOF, it supersedes all other provisions of the
statute relating to the disposition and use of the former redevelopment agency’s real property,
and agreements with taxing entities are not required in connection with the disposition of a
successor agency’s real property to the sponsoring city for governmental uses or for subsequent
disposition for future development. Nevertheless, pursuant to DOF direction, the City enters into
this Agreement with the Taxing Entities to address the disposition of Development Property
pursuant to the LRPMP. If a court order, legislation, or DOF policy reverses the requirement
issued by the DOF to enter into this Agreement, the Parties acknowledge that the City shall have
no obligation to enter into this Agreement with the Taxing Entities, and in such event, the City
shall be permitted to convey the Development Property even if this Agreement has not been
executed by all Taxing Entities. Notwithstanding the foregoing, the City agrees that it shall
comply with the LRPMP, as approved by DOF, and make a payment of Net Unrestricted
Proceeds (if any) to the Taxing Entities pursuant to this Agreement.
8.Miscellaneous Provisions.
8.1Notices. Except as otherwise specified in this Agreement, all notices to be sent
pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective
addresses specified on the signature pages to this Agreement or to such other address as a Party
may designate by written notice delivered to the other Parties in accordance with this Section. In
addition to any other method of delivery agreed upon between respective Parties, all such notices
shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii)
Electronic mail (e-mail) or facsimile, in which case notice shall be deemed delivered on the next
business day after confirmation that the intended recipient received the notice via e-mail or
facsimile; (iii) certified or registered mail, return receipt requested, in which case notice shall be
deemed delivered on receipt if delivery is confirmed by a return receipt; or (iv) nationally
recognized overnight courier, with charges prepaid or charged to the sender’s account, in which
case notice is effective on delivery if delivery is confirmed by the delivery service.
8.2Headings; Interpretation. The section headings and captions used herein are
solely for convenience and shall not be used to interpret this Agreement. The Parties agree that
this Agreement shall not be construed as if prepared by one of the Parties, but rather according to
its fair meaning as a whole, as if all Parties had prepared it.
8.3Action or Approval. Whenever action and/or approval by City is required under
this Agreement, the City Manager or his or her designee may act on and/or approve such matter
unless specifically provided otherwise, or unless the City Manager determines in his or her
discretion that such action or approval requires referral to City Council for consideration.
698/015610-0120
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8.4Entire Agreement. This Agreement, including exhibits attached hereto and
incorporated herein by this reference, contains the entire agreement among the Parties with
respect to the subject matter hereof, and supersedes all prior written or oral agreements,
understandings, representations or statements between the Parties with respect to the subject
matter hereof.
8.5Non-Waiver. No waiver of a breach, failure of any condition, or any right or
remedy contained in or granted by the provisions of this Agreement shall be effective unless it is
in writing and signed by the Party charged with or claimed to have waived any such provision.
8.6Amendment. This Agreement may be amended or modified, in whole or in part,
only in writing and only if signed by the Party or Parties to be bound by the amendment or
modification.
8.7Severability. If any term, provision, or condition of this Agreement is held by a
court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement
shall continue in full force and effect unless an essential purpose of this Agreement is defeated
by such invalidity or unenforceability.
8.8No Third Party Beneficiaries. Except as expressly set forth herein, nothing
contained in this Agreement is intended to or shall be deemed to confer upon any person, other
than the Parties and their respective successors and assigns, any rights or remedies hereunder.
8.9Parties Not Co-Venturers; Independent Contractor; No Agency Relationship.
Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers,
or principal and agent with one another. The relationship of the Parties shall not be construed as
a joint venture, equity venture, partnership or any other relationship.
8.10Governing Law; Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of California without regard to principles of conflicts of
laws. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior
Court of Riverside County, California.
8.11Counterparts. This Agreement may be executed in counterparts, each of which
shall be an original and all of which taken together shall constitute one instrument. The
signature page of any counterpart may be detached therefrom without impairing the legal effect
of the signature(s) thereon provided such signature page is attached to any other counterpart
identical thereto having additional signature pages executed by the other Parties. Any executed
counterpart of this Agreement may be delivered to the other Parties by e-mail attachment or
facsimile and shall be deemed as binding as if an originally signed counterpart was delivered.
SIGNATURES ON FOLLOWING PAGES
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IN WITNESS WHEREOF, the Parties have executed this Agreement by their authorized
representatives as indicated below.
CITY OF LA QUINTA, a California Municipal Corporation
By:
Name:
Title:
Attest:
City Clerk
Approved as to form:
City Attorney
Address for Notices:
To City Hall: City of La Quinta
78-495 Calle Tampico
P.O. Box 1504
La Quinta, CA 92253
Attention: City Manager
with a copy to: Rutan & Tucker, LLP
611 Anton Blvd., Suite 1400
Costa Mesa, CA 92626
Attention: William H. Ihrke, Esq.
SIGNATURES CONTINUED ON FOLLOWING PAGES
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DESERT RECREATION DISTRICT, a public body, corporate and politic
By:
Name:
Title:
Attest by:
Approved as to form:
Address for Notices:
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EXHIBIT “A”
DEVELOPMENT PROPERTY
698/015610-0120
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150
AGREEMENT FOR TAXING ENTITY COMPENSATION
Agreement
This Agreement for Taxing Entity Compensation (this “”), dated for reference
purposes as of ________________, 2014, is entered into by and among the following public
PartiesTaxing
agencies (all of which are collectively referred to herein as the “” and as the “
Entities
”):
City
City of La Quinta, a California municipal corporation (“”);
DSUSD
Desert Sands Unified School District, a California school district (“”;
RECITALS
A. Pursuant to Assembly Bill 26 from the 2011-12 First Extraordinary Session of the
ABx1 26
California Legislature (“”) and the California Supreme Court’s decision in California
th
Redevelopment Association v. Matosantos (2011) 53 Cal.4 231, effective February 1, 2012, the
Redevelopment AgencyRDA
La Quinta Redevelopment Agency (“” or “”) was dissolved, and
AB
pursuant to Health & Safety Code Section 34173 as amended by Assembly Bill 1484 (“
1484
”), the La Quinta Successor Agency became the successor-in-interest by operation of law to
Successor Agency
the Redevelopment Agency (the “”).
B. Pursuant to Health and Safety Code Section 34191.5, the Successor Agency
LRPMP
prepared a Long-Range Property Management Plan (“”) that addresses disposition of
the real property formerly owned by the Redevelopment Agency.
C. On August 6, 2014, the LRPMP was approved by Resolution of the Oversight
Oversight Board
Board to the Successor Agency (the “”), a seven-member board established
pursuant to Health and Safety Code Section 34179 that includes representatives appointed by the
Taxing Entities, as specified.
DOF
D. On ___________, 2014, the State Department of Finance (“”) approved the
LRPMP.
E. This Agreement is negotiated and entered into by the Parties pursuant to the
LRPMP as approved by the DOF. As such, this Agreement relates to the disposition and use of
former RDA real property assets governed by the LRPMP and shall control the distribution to
the Taxing Entities of proceeds received by the City for the disposition and use of the former
RDA real property assets identified in this Agreement. To the extent there may be a conflict
between any provision of law and the terms and conditions of this Agreement, this Agreement
shall control pursuant to Health and Safety Code section 34191.3.
NOW THEREFORE, the Parties agree as follows:
1.Purpose. This Agreement is executed with reference to the facts set forth in the
foregoing Recitals, which are incorporated into this Agreement by this reference. The purpose of
this Agreement is to address the allocation of certain prospective revenues among the taxing
Tax Base
entities that share in the property tax base (“”) for property located within the
redevelopment project areas formerly administered by the Redevelopment Agency.
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2.Special Districts and Funds. The governing boards of certain of the Taxing
Entities administer certain special districts and funds that receive allocations of property taxes
from the Tax Base. The governing board of DSUSD is authorized to execute this Agreement on
behalf of such special districts and funds governed and administered by DSUSD and shall cause
any Net Unrestricted Proceeds (as defined below) to be distributed to those special districts and
funds, as applicable.
3.Parcels to be Conveyed to City for Future Development Consistent with LRPMP.
The LRPMP provides that, pursuant to Health & Safety Code Section 34191.5(c)(2), certain
parcels formerly owned by the Redevelopment Agency shall be transferred by the Successor
Agency to the City for future development, which parcels are listed in Exhibit “A” attached
Development
hereto and incorporated by reference (collectively referred to herein as the “
Property
”).
4.Parcels May Be Conveyed to Public Agencies for Governmental Uses. The
Parties agree that the LRPMP may provide, pursuant to Health & Safety Code Section
34191.5(c)(2), that certain parcels formerly owned by the Redevelopment Agency will be
transferred by the Successor Agency to the City for continued governmental uses. No
compensation will be paid to the City or to the Taxing Entities in connection with the transfers of
these parcels for continued governmental uses, as approved by the DOF in the LRPMP.
5.Covenant to Distribute Specified Proceeds to Taxing Entities Upon Sale of
Development Property. The City agrees that, consistent with the LRPMP approved by DOF, the
City shall remit Net Unrestricted Proceeds to the Riverside County Auditor-Controller’s Office
Auditor-ControllerNet Unrestricted Proceeds
(“”) for distribution to the Taxing Entities. “”
shall mean the proceeds of sale received by the City for the sale of the Development Property,
less: (i) costs incurred by City for expenses in connection with the management and disposition
of the Development Property, including without limitation, costs incurred for property
management, maintenance, insurance, marketing, appraisals, brokers’ fees, escrow, closing costs,
survey, title insurance, attorneys’ and consultants’ fees, and other reasonable costs incurred,
including reasonable compensation for City staff performing functions associated with the
management, maintenance and disposition of the Development Property, and (ii) any proceeds of
sale that are restricted by virtue of the source of funds (e.g. grant funds or the proceeds of bonds)
that were used for the original acquisition of the Development Property.
6.Sale Procedures and Proceeds; Distribution to Taxing Entities. Upon the
subsequent conveyance of the Development Property from the City to any private (non-public
agency) third party, the City shall remit to the Auditor-Controller the Net Unrestricted Proceeds
(if any) received by the City from the conveyance of the Development Property within 30 days
after receipt by the City. The Auditor-Controller thereafter shall have the obligation to distribute
to the Taxing Entities in accordance with each Taxing Entity’s pro rata share of the Tax Base
(pursuant to Health and Safety Code Section 34188 or other applicable law) the Net Unrestricted
Proceeds remitted to the Auditor-Controller by the City pursuant to this Agreement. The Parties
acknowledge and agree that City is obligated to convey the Development Property consistent
with the LRPMP and terms and conditions governing the disposition of the Development
Property by and between the purchaser of the parcels that comprise the Development Property.
The Parties further acknowledge and agree that, due to the encumbrances and restrictions
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attached to and running with the Development Property, the value of the Development Property
(or any portion thereof) shall be the amount of money the City receives for the conveyance of the
Development Property (or any portion thereof) at the time of that conveyance to a private (non-
public agency) third party, and such value shall be used to determine the Net Unrestricted
Proceeds to be remitted to the Auditor-Controller pursuant to this Agreement.
7.Reservation of Rights Re: Compensation Agreement. The Successor Agency
interprets Health and Safety Code Sections 34191.3 and 34191.5 to mean that, once a long-range
property management plan has been approved by DOF, it supersedes all other provisions of the
statute relating to the disposition and use of the former redevelopment agency’s real property,
and agreements with taxing entities are not required in connection with the disposition of a
successor agency’s real property to the sponsoring city for governmental uses or for subsequent
disposition for future development. Nevertheless, pursuant to DOF direction, the City enters into
this Agreement with the Taxing Entities to address the disposition of Development Property
pursuant to the LRPMP. If a court order, legislation, or DOF policy reverses the requirement
issued by the DOF to enter into this Agreement, the Parties acknowledge that the City shall have
no obligation to enter into this Agreement with the Taxing Entities, and in such event, the City
shall be permitted to convey the Development Property even if this Agreement has not been
executed by all Taxing Entities. Notwithstanding the foregoing, the City agrees that it shall
comply with the LRPMP, as approved by DOF, and make a payment of Net Unrestricted
Proceeds (if any) to the Taxing Entities pursuant to this Agreement.
8.Miscellaneous Provisions.
8.1Notices. Except as otherwise specified in this Agreement, all notices to be sent
pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective
addresses specified on the signature pages to this Agreement or to such other address as a Party
may designate by written notice delivered to the other Parties in accordance with this Section. In
addition to any other method of delivery agreed upon between respective Parties, all such notices
shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii)
Electronic mail (e-mail) or facsimile, in which case notice shall be deemed delivered on the next
business day after confirmation that the intended recipient received the notice via e-mail or
facsimile; (iii) certified or registered mail, return receipt requested, in which case notice shall be
deemed delivered on receipt if delivery is confirmed by a return receipt; or (iv) nationally
recognized overnight courier, with charges prepaid or charged to the sender’s account, in which
case notice is effective on delivery if delivery is confirmed by the delivery service.
8.2Headings; Interpretation. The section headings and captions used herein are
solely for convenience and shall not be used to interpret this Agreement. The Parties agree that
this Agreement shall not be construed as if prepared by one of the Parties, but rather according to
its fair meaning as a whole, as if all Parties had prepared it.
8.3Action or Approval. Whenever action and/or approval by City is required under
this Agreement, the City Manager or his or her designee may act on and/or approve such matter
unless specifically provided otherwise, or unless the City Manager determines in his or her
discretion that such action or approval requires referral to City Council for consideration.
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8.4Entire Agreement. This Agreement, including exhibits attached hereto and
incorporated herein by this reference, contains the entire agreement among the Parties with
respect to the subject matter hereof, and supersedes all prior written or oral agreements,
understandings, representations or statements between the Parties with respect to the subject
matter hereof.
8.5Non-Waiver. No waiver of a breach, failure of any condition, or any right or
remedy contained in or granted by the provisions of this Agreement shall be effective unless it is
in writing and signed by the Party charged with or claimed to have waived any such provision.
8.6Amendment. This Agreement may be amended or modified, in whole or in part,
only in writing and only if signed by the Party or Parties to be bound by the amendment or
modification.
8.7Severability. If any term, provision, or condition of this Agreement is held by a
court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement
shall continue in full force and effect unless an essential purpose of this Agreement is defeated
by such invalidity or unenforceability.
8.8No Third Party Beneficiaries. Except as expressly set forth herein, nothing
contained in this Agreement is intended to or shall be deemed to confer upon any person, other
than the Parties and their respective successors and assigns, any rights or remedies hereunder.
8.9Parties Not Co-Venturers; Independent Contractor; No Agency Relationship.
Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers,
or principal and agent with one another. The relationship of the Parties shall not be construed as
a joint venture, equity venture, partnership or any other relationship.
8.10Governing Law; Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of California without regard to principles of conflicts of
laws. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior
Court of Riverside County, California.
8.11Counterparts. This Agreement may be executed in counterparts, each of which
shall be an original and all of which taken together shall constitute one instrument. The
signature page of any counterpart may be detached therefrom without impairing the legal effect
of the signature(s) thereon provided such signature page is attached to any other counterpart
identical thereto having additional signature pages executed by the other Parties. Any executed
counterpart of this Agreement may be delivered to the other Parties by e-mail attachment or
facsimile and shall be deemed as binding as if an originally signed counterpart was delivered.
SIGNATURES ON FOLLOWING PAGES
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IN WITNESS WHEREOF, the Parties have executed this Agreement by their authorized
representatives as indicated below.
CITY OF LA QUINTA, a California Municipal Corporation
By:
Name:
Title:
Attest:
City Clerk
Approved as to form:
City Attorney
Address for Notices:
To City Hall: City of La Quinta
78-495 Calle Tampico
P.O. Box 1504
La Quinta, CA 92253
Attention: City Manager
with a copy to: Rutan & Tucker, LLP
611 Anton Blvd., Suite 1400
Costa Mesa, CA 92626
Attention: William H. Ihrke, Esq.
SIGNATURES CONTINUED ON FOLLOWING PAGES
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DESERT SANDS UNIFIED SCHOOL DISTRICT, a California school district
By:
Name:
Title:
Attest by:
Approved as to form:
Address for Notices:
Dr. Gary Rutherford, Superintendent
Desert Sands Unified School District
47-950 Dune Palms Rd.
La Quinta, CA 92253-4000
gary.rutherford@dsusd.us
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EXHIBIT “A”
DEVELOPMENT PROPERTY
776-150-024 and 770-200-027
776-150-025
777-490-015
777-490-016
777-060-063, 777-060-066, 777-060-067 and 777-060-069
777-490-005
777-490-009
776-150-022 and 777-490-011
777-490-012
777-490-013
777-490-014
698/015610-0120
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AGREEMENT FOR TAXING ENTITY COMPENSATION
Agreement
This Agreement for Taxing Entity Compensation (this “”), dated for reference
purposes as of ________________, 2014, is entered into by and among the following public
PartiesTaxing
agencies (all of which are collectively referred to herein as the “” and as the “
Entities
”):
City
City of La Quinta, a California municipal corporation (“”);
RCOOE
Riverside County Office of Education, a California office of education (“”);
RECITALS
A. Pursuant to Assembly Bill 26 from the 2011-12 First Extraordinary Session of the
ABx1 26
California Legislature (“”) and the California Supreme Court’s decision in California
th
Redevelopment Association v. Matosantos (2011) 53 Cal.4 231, effective February 1, 2012, the
Redevelopment AgencyRDA
La Quinta Redevelopment Agency (“” or “”) was dissolved, and
AB
pursuant to Health & Safety Code Section 34173 as amended by Assembly Bill 1484 (“
1484
”), the La Quinta Successor Agency became the successor-in-interest by operation of law to
Successor Agency
the Redevelopment Agency (the “”).
B. Pursuant to Health and Safety Code Section 34191.5, the Successor Agency
LRPMP
prepared a Long-Range Property Management Plan (“”) that addresses disposition of
the real property formerly owned by the Redevelopment Agency.
C. On August 6, 2014, the LRPMP was approved by Resolution of the Oversight
Oversight Board
Board to the Successor Agency (the “”), a seven-member board established
pursuant to Health and Safety Code Section 34179 that includes representatives appointed by the
Taxing Entities, as specified.
DOF
D. On ___________, 2014, the State Department of Finance (“”) approved the
LRPMP.
E. This Agreement is negotiated and entered into by the Parties pursuant to the
LRPMP as approved by the DOF. As such, this Agreement relates to the disposition and use of
former RDA real property assets governed by the LRPMP and shall control the distribution to
the Taxing Entities of proceeds received by the City for the disposition and use of the former
RDA real property assets identified in this Agreement. To the extent there may be a conflict
between any provision of law and the terms and conditions of this Agreement, this Agreement
shall control pursuant to Health and Safety Code section 34191.3.
NOW THEREFORE, the Parties agree as follows:
1.Purpose. This Agreement is executed with reference to the facts set forth in the
foregoing Recitals, which are incorporated into this Agreement by this reference. The purpose of
this Agreement is to address the allocation of certain prospective revenues among the taxing
Tax Base
entities that share in the property tax base (“”) for property located within the
redevelopment project areas formerly administered by the Redevelopment Agency.
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2.Special Districts and Funds. The governing boards of certain of the Taxing
Entities administer certain special districts and funds that receive allocations of property taxes
from the Tax Base. The governing board of RCOOE is authorized to execute this Agreement on
behalf of such special districts and funds governed and administered by RCOOE and shall cause
any Net Unrestricted Proceeds (as defined below) to be distributed to those special districts and
funds, as applicable.
3.Parcels to be Conveyed to City for Future Development Consistent with LRPMP.
The LRPMP provides that, pursuant to Health & Safety Code Section 34191.5(c)(2), certain
parcels formerly owned by the Redevelopment Agency shall be transferred by the Successor
Agency to the City for future development, which parcels are listed in Exhibit “A” attached
Development
hereto and incorporated by reference (collectively referred to herein as the “
Property
”).
4.Parcels May Be Conveyed to Public Agencies for Governmental Uses. The
Parties agree that the LRPMP may provide, pursuant to Health & Safety Code Section
34191.5(c)(2), that certain parcels formerly owned by the Redevelopment Agency will be
transferred by the Successor Agency to the City for continued governmental uses. No
compensation will be paid to the City or to the Taxing Entities in connection with the transfers of
these parcels for continued governmental uses, as approved by the DOF in the LRPMP.
5.Covenant to Distribute Specified Proceeds to Taxing Entities Upon Sale of
Development Property. The City agrees that, consistent with the LRPMP approved by DOF, the
City shall remit Net Unrestricted Proceeds to the Riverside County Auditor-Controller’s Office
Auditor-ControllerNet Unrestricted Proceeds
(“”) for distribution to the Taxing Entities. “”
shall mean the proceeds of sale received by the City for the sale of the Development Property,
less: (i) costs incurred by City for expenses in connection with the management and disposition
of the Development Property, including without limitation, costs incurred for property
management, maintenance, insurance, marketing, appraisals, brokers’ fees, escrow, closing costs,
survey, title insurance, attorneys’ and consultants’ fees, and other reasonable costs incurred,
including reasonable compensation for City staff performing functions associated with the
management, maintenance and disposition of the Development Property, and (ii) any proceeds of
sale that are restricted by virtue of the source of funds (e.g. grant funds or the proceeds of bonds)
that were used for the original acquisition of the Development Property.
6.Sale Procedures and Proceeds; Distribution to Taxing Entities. Upon the
subsequent conveyance of the Development Property from the City to any private (non-public
agency) third party, the City shall remit to the Auditor-Controller the Net Unrestricted Proceeds
(if any) received by the City from the conveyance of the Development Property within 30 days
after receipt by the City. The Auditor-Controller thereafter shall have the obligation to distribute
to the Taxing Entities in accordance with each Taxing Entity’s pro rata share of the Tax Base
(pursuant to Health and Safety Code Section 34188 or other applicable law) the Net Unrestricted
Proceeds remitted to the Auditor-Controller by the City pursuant to this Agreement. The Parties
acknowledge and agree that City is obligated to convey the Development Property consistent
with the LRPMP and terms and conditions governing the disposition of the Development
Property by and between the purchaser of the parcels that comprise the Development Property.
The Parties further acknowledge and agree that, due to the encumbrances and restrictions
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attached to and running with the Development Property, the value of the Development Property
(or any portion thereof) shall be the amount of money the City receives for the conveyance of the
Development Property (or any portion thereof) at the time of that conveyance to a private (non-
public agency) third party, and such value shall be used to determine the Net Unrestricted
Proceeds to be remitted to the Auditor-Controller pursuant to this Agreement.
7.Reservation of Rights Re: Compensation Agreement. The Successor Agency
interprets Health and Safety Code Sections 34191.3 and 34191.5 to mean that, once a long-range
property management plan has been approved by DOF, it supersedes all other provisions of the
statute relating to the disposition and use of the former redevelopment agency’s real property,
and agreements with taxing entities are not required in connection with the disposition of a
successor agency’s real property to the sponsoring city for governmental uses or for subsequent
disposition for future development. Nevertheless, pursuant to DOF direction, the City enters into
this Agreement with the Taxing Entities to address the disposition of Development Property
pursuant to the LRPMP. If a court order, legislation, or DOF policy reverses the requirement
issued by the DOF to enter into this Agreement, the Parties acknowledge that the City shall have
no obligation to enter into this Agreement with the Taxing Entities, and in such event, the City
shall be permitted to convey the Development Property even if this Agreement has not been
executed by all Taxing Entities. Notwithstanding the foregoing, the City agrees that it shall
comply with the LRPMP, as approved by DOF, and make a payment of Net Unrestricted
Proceeds (if any) to the Taxing Entities pursuant to this Agreement.
8.Miscellaneous Provisions.
8.1Notices. Except as otherwise specified in this Agreement, all notices to be sent
pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective
addresses specified on the signature pages to this Agreement or to such other address as a Party
may designate by written notice delivered to the other Parties in accordance with this Section. In
addition to any other method of delivery agreed upon between respective Parties, all such notices
shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii)
Electronic mail (e-mail) or facsimile, in which case notice shall be deemed delivered on the next
business day after confirmation that the intended recipient received the notice via e-mail or
facsimile; (iii) certified or registered mail, return receipt requested, in which case notice shall be
deemed delivered on receipt if delivery is confirmed by a return receipt; or (iv) nationally
recognized overnight courier, with charges prepaid or charged to the sender’s account, in which
case notice is effective on delivery if delivery is confirmed by the delivery service.
8.2Headings; Interpretation. The section headings and captions used herein are
solely for convenience and shall not be used to interpret this Agreement. The Parties agree that
this Agreement shall not be construed as if prepared by one of the Parties, but rather according to
its fair meaning as a whole, as if all Parties had prepared it.
8.3Action or Approval. Whenever action and/or approval by City is required under
this Agreement, the City Manager or his or her designee may act on and/or approve such matter
unless specifically provided otherwise, or unless the City Manager determines in his or her
discretion that such action or approval requires referral to City Council for consideration.
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8.4Entire Agreement. This Agreement, including exhibits attached hereto and
incorporated herein by this reference, contains the entire agreement among the Parties with
respect to the subject matter hereof, and supersedes all prior written or oral agreements,
understandings, representations or statements between the Parties with respect to the subject
matter hereof.
8.5Non-Waiver. No waiver of a breach, failure of any condition, or any right or
remedy contained in or granted by the provisions of this Agreement shall be effective unless it is
in writing and signed by the Party charged with or claimed to have waived any such provision.
8.6Amendment. This Agreement may be amended or modified, in whole or in part,
only in writing and only if signed by the Party or Parties to be bound by the amendment or
modification.
8.7Severability. If any term, provision, or condition of this Agreement is held by a
court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement
shall continue in full force and effect unless an essential purpose of this Agreement is defeated
by such invalidity or unenforceability.
8.8No Third Party Beneficiaries. Except as expressly set forth herein, nothing
contained in this Agreement is intended to or shall be deemed to confer upon any person, other
than the Parties and their respective successors and assigns, any rights or remedies hereunder.
8.9Parties Not Co-Venturers; Independent Contractor; No Agency Relationship.
Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers,
or principal and agent with one another. The relationship of the Parties shall not be construed as
a joint venture, equity venture, partnership or any other relationship.
8.10Governing Law; Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of California without regard to principles of conflicts of
laws. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior
Court of Riverside County, California.
8.11Counterparts. This Agreement may be executed in counterparts, each of which
shall be an original and all of which taken together shall constitute one instrument. The
signature page of any counterpart may be detached therefrom without impairing the legal effect
of the signature(s) thereon provided such signature page is attached to any other counterpart
identical thereto having additional signature pages executed by the other Parties. Any executed
counterpart of this Agreement may be delivered to the other Parties by e-mail attachment or
facsimile and shall be deemed as binding as if an originally signed counterpart was delivered.
SIGNATURES ON FOLLOWING PAGES
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IN WITNESS WHEREOF, the Parties have executed this Agreement by their authorized
representatives as indicated below.
CITY OF LA QUINTA, a California Municipal Corporation
By:
Name:
Title:
Attest:
City Clerk
Approved as to form:
City Attorney
Address for Notices:
To City Hall: City of La Quinta
78-495 Calle Tampico
P.O. Box 1504
La Quinta, CA 92253
Attention: City Manager
with a copy to: Rutan & Tucker, LLP
611 Anton Blvd., Suite 1400
Costa Mesa, CA 92626
Attention: William H. Ihrke, Esq.
SIGNATURES CONTINUED ON FOLLOWING PAGES
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RIVERSIDE COUNTY OFFICE OF EDUCATION, a California office of education
By:
Name:
Title:
Attest by:
Approved as to form:
Address for Notices:
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EXHIBIT “A”
DEVELOPMENT PROPERTY
698/015610-0120
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164
CITY MEETING DATE: September 16, 2014
ADOPT RESOLUTIONS ACCEPTING
ITEM TITLE: DEDICATION OF EASEMENTS OVER VARIOUS LOTS
IN NORTH LA QUINTA FOR PUBLIC LANDSCAPE PURPOSES
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 11
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Adopt resolutions accepting dedication of easements over various lots in north La
Quinta for public landscape purposes.
EXECUTIVE SUMMARY:
In May 2014 during a study session on north La Quinta parkways, City Council
directed staff to pursue acceptance of offers of easement dedications over
various lots in north La Quinta, which had not yet been accepted by the City.
Staff has identified a total of 23 lots at the perimeter of various neighborhoods in
north La Quinta that are being recommended for acceptance at this time.
Attachment 1 contains a listing and detailed information.
The lots are landscaped parkways that have been maintained by the City for
many years as part of City-wide Lighting and Landscape District No. 89-1 (L&L
District).
Easements were offered for dedication via the final map process. However, the
City did not accept offers of dedication for public landscape purposes at the time
of final map recordation.
Staff recommends acceptance of these easements in order to ensure the City
has the formal right to maintain the public landscape on these lots.
FISCAL IMPACT:
No immediate fiscal impact is anticipated since the public landscape covered by these
easements has been maintained as part of L&L District for some time. However,
165
because the assessment rate has remained at $35.60 per household since 1997,
increases in the cost of maintenance, utility costs and improvements for these areas will
increase the L&L District’s future deficit.
BACKGROUND/ANALYSIS:
On May 6, 2014, in order to address the increasing budget deficit in the City-wide L&L
District, staff presented options for reducing the maintenance and utility cost for the
City-maintained perimeter landscaping and retention basins in north La Quinta. As part
of the presentation, staff indicated that in many cases the public landscape
improvements in these areas had been offered for dedication by developers, but never
formally accepted by the City (Attachment 2). City Council was concerned that without
formal approval of the dedications, the areas might fall into a state of disrepair that
could negatively affect the adjacent neighborhoods.
In order to address this possibility, City Council desired to formally accept the various
easements originally offered by the developers of these projects. If approved, the
attached resolutions would accept the offers of dedication for 23 easements within
seven tracts in north La Quinta. The offers of dedication for public landscape purposes
are memorialized on the final maps of each tract.
ALTERNATIVES:
Approval of these resolutions serves to formalize the City’s right to maintain these public
landscape areas that the City has already been maintaining for many years. Therefore,
staff does not recommend any alternatives.
Report prepared by: Timothy R. Jonasson, P.E.
Public Works Director/City Engineer
Report approved for submission by:Frank J. Spevacek, City Manager
Attachments: 1. Listing of North La Quinta lots
2. North La Quinta Landscape Parkways map
166
RESOLUTION NO. 2014 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA,ACCEPTING THE OFFER
OF DEDICATION OF EASEMENTS OVER LOT O AND
LOT P OF TRACT NO. 22982 FOR PUBLIC LANDSCAPE
PURPOSES
WHEREAS
, an offer of dedication of easements over various lots in north La
Quinta was made to the City by original owners as part of final map approvals; and
WHEREAS
, the owners offered dedication of easements to the City for public
landscape, sidewalk, and/or stormwater purposes in the 1980s and 1990s; and
WHEREAS
, final maps were recorded with the County of Riverside in the 1980s
and 1990s; however, offers of dedication for public landscape were not accepted by the
City of La Quinta at the time of recordation; and
WHEREAS
, the City of La Quinta now desires to accept these offers of
dedication in order to confirm the permitted use of the dedicated lots and ensure
continued maintenance of the lots for public landscape purposes; and
WHEREAS
, the City now wishes to accept Lot O and Lot P of Tract No. 22982
as fully described in Section 1 below.
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of La
Quinta, California, as follows:
SECTION 1. The City Council of the City of La Quinta hereby accepts the offer of
dedication for public landscape of Lot O and Lot P of Final Tract Map No. 22982 as
recorded on December 19, 1988, Instrument No. 371482, located at Fred Waring Drive
and Dune Palms Road.
SECTION 2. The City Clerk of the City of La Quinta is hereby authorized to record this
Resolution with the Office of the County Recorder in the County of Riverside, State of
California, and the City Manager and City Clerk are hereby authorized to take any other
steps required to effectuate this Resolution.
167
ResolutionNo.2014
AcceptanceofDedicatedLotsinNorthLaQuinta
Adopted:September16,2014
Page2
PASSED, APPROVEDADOPTED
and at a regular meeting of the La Quinta City
th
Council held on this 16 day of September 2014, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
_____________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
________________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
168
RESOLUTION NO. 2014 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA,ACCEPTING THE OFFER
OF DEDICATION OF EASEMENTS OVER LOT K, LOT L
AND LOT M OF TRACT NO. 23268 FOR PUBLIC
LANDSCAPE PURPOSES
WHEREAS
, an offer of dedication of easements over various lots in north La
Quinta was made to the City by original owners as part of final map approvals; and
WHEREAS
, the owners offered dedication of easements to the City for public
landscape, sidewalk, and/or stormwater purposes in the 1980s and 1990s; and
WHEREAS
, final maps were recorded with the County of Riverside in the 1980s
and 1990s; however, offers of dedication for public landscape were not accepted by the
City of La Quinta at the time of recordation; and
WHEREAS
, the City of La Quinta now desires to accept these offers of
dedication in order to confirm the permitted use of the dedicated lots and ensure
continued maintenance of the lots for public landscape purposes; and
WHEREAS
, the City now wishes to accept Lot K, Lot L and Lot M of Tract No.
23268 as fully described in Section 1 below.
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of La
Quinta, California, as follows:
SECTION 1. The City Council of the City of La Quinta hereby accepts the offer of
dedication for public landscape of Lot K, Lot L and Lot M of Final Tract Map No. 23268
as recorded on February 16, 1990, Instrument No. 60381, located at Miles Avenue and
Seeley Drive.
SECTION 2. The City Clerk of the City of La Quinta is hereby authorized to record this
Resolution with the Office of the County Recorder in the County of Riverside, State of
California, and the City Manager and City Clerk are hereby authorized to take any other
steps required to effectuate this Resolution.
169
ResolutionNo.2014
AcceptanceofDedicatedLotsinNorthLaQuinta
Adopted:September16,2014
Page2
PASSED, APPROVEDADOPTED
and at a regular meeting of the La Quinta City
th
Council held on this 16 day of September 2014, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
_____________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
________________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
170
RESOLUTION NO. 2014 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA,ACCEPTING THE OFFER
OF DEDICATION OF EASEMENTS OVER LOT R, LOT S,
LOT T, LOT U AND LOT V OF TRACT NO. 23269 FOR
PUBLIC LANDSCAPE PURPOSES
WHEREAS
, an offer of dedication of easements over various lots in north La
Quinta was made to the City by original owners as part of final map approvals; and
WHEREAS
, the owners offered dedication of easements to the City for public
landscape, sidewalk, and/or stormwater purposes in the 1980s and 1990s; and
WHEREAS
, final maps were recorded with the County of Riverside in the 1980s
and 1990s; however, offers of dedication for public landscape were not accepted by the
City of La Quinta at the time of recordation; and
WHEREAS
, the City of La Quinta now desires to accept these offers of
dedication in order to confirm the permitted use of the dedicated lots and ensure
continued maintenance of the lots for public landscape purposes; and
WHEREAS
, the City now wishes to accept Lot R, Lot S, Lot T, Lot U and Lot V of
Tract No. 23269 as fully described in Section 1 below.
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of La
Quinta, California, as follows:
SECTION 1. The City Council of the City of La Quinta hereby accepts the offer of
dedication for public landscape of Lot R, Lot S, Lot T, Lot U and Lot V of Final Tract
Map No. 23269 as recorded on August 29, 1989, Instrument No. 294785, located at
Fred Waring Drive and Adams Street.
SECTION 2. The City Clerk of the City of La Quinta is hereby authorized to record this
Resolution with the Office of the County Recorder in the County of Riverside, State of
California, and the City Manager and City Clerk are hereby authorized to take any other
steps required to effectuate this Resolution.
171
ResolutionNo.2014
AcceptanceofDedicatedLotsinNorthLaQuinta
Adopted:September16,2014
Page2
PASSED, APPROVEDADOPTED
and at a regular meeting of the La Quinta City
th
Council held on this 16 day of September 2014, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
_____________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
________________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
172
RESOLUTION NO. 2014 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA,ACCEPTING THE OFFER
OF DEDICATION OF EASEMENTS OVER LOT Q, LOT R,
LOT S AND LOT T OF TRACT NO. 23913 FOR PUBLIC
LANDSCAPE PURPOSES
WHEREAS
, an offer of dedication of easements over various lots in north La
Quinta was made to the City by original owners as part of final map approvals; and
WHEREAS
, the owners offered dedication of easements to the City for public
landscape, sidewalk, and/or stormwater purposes in the 1980s and 1990s; and
WHEREAS
, final maps were recorded with the County of Riverside in the 1980s
and 1990s; however, offers of dedication for public landscape were not accepted by the
City of La Quinta at the time of recordation; and
WHEREAS
, the City of La Quinta now desires to accept these offers of
dedication in order to confirm the permitted use of the dedicated lots and ensure
continued maintenance of the lots for public landscape purposes; and
WHEREAS
, the City now wishes to accept Lot Q, Lot R, Lot S and Lot T of Tract
No. 23913 as fully described in Section 1 below.
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of La
Quinta, California, as follows:
SECTION 1. The City Council of the City of La Quinta hereby accepts the offer of
dedication for public landscape of Lot Q, Lot R, Lot S and Lot T of Final Tract Map No.
23913 as recorded on October 23, 1990, Instrument No. 388859, located at Miles
Avenue and Adams Street.
SECTION 2. The City Clerk of the City of La Quinta is hereby authorized to record this
Resolution with the Office of the County Recorder in the County of Riverside, State of
California, and the City Manager and City Clerk are hereby authorized to take any other
steps required to effectuate this Resolution.
173
ResolutionNo.2014
AcceptanceofDedicatedLotsinNorthLaQuinta
Adopted:September16,2014
Page2
PASSED, APPROVEDADOPTED
and at a regular meeting of the La Quinta City
th
Council held on this 16 day of September 2014, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
_____________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
________________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
174
RESOLUTION NO. 2014 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA,ACCEPTING THE OFFER
OF DEDICATION OF EASEMENTS OVER LOT D, LOT E,
LOT F AND LOT G OF TRACT NO. 23935-1 FOR PUBLIC
LANDSCAPE PURPOSES
WHEREAS
, an offer of dedication of easements over various lots in north La
Quinta was made to the City by original owners as part of final map approvals; and
WHEREAS
, the owners offered dedication of easements to the City for public
landscape, sidewalk, and/or stormwater purposes in the 1980s and 1990s; and
WHEREAS
, final maps were recorded with the County of Riverside in the 1980s
and 1990s; however, offers of dedication for public landscape were not accepted by the
City of La Quinta at the time of recordation; and
WHEREAS
, the City of La Quinta now desires to accept these offers of
dedication in order to confirm the permitted use of the dedicated lots and ensure
continued maintenance of the lots for public landscape purposes; and
WHEREAS
, the City now wishes to accept Lot D, Lot E, Lot F and Lot G of Tract
No. 23935-1 as fully described in Section 1 below.
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of La
Quinta, California, as follows:
SECTION 1. The City Council of the City of La Quinta hereby accepts the offer of
dedication for public landscape of Lot D, Lot E, Lot F and Lot G of Final Tract Map No.
23935-1 as recorded on August 16, 1990, Instrument No. 305287, located at Dune
Palms Road and Miles Avenue.
SECTION 2. The City Clerk of the City of La Quinta is hereby authorized to record this
Resolution with the Office of the County Recorder in the County of Riverside, State of
California, and the City Manager and City Clerk are hereby authorized to take any other
steps required to effectuate this Resolution.
175
ResolutionNo.2014
AcceptanceofDedicatedLotsinNorthLaQuinta
Adopted:September16,2014
Page2
PASSED, APPROVEDADOPTED
and at a regular meeting of the La Quinta City
th
Council held on this 16 day of September 2014, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
_____________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
________________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
176
RESOLUTION NO. 2014 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA,ACCEPTING THE OFFER
OF DEDICATION OF EASEMENTS OVER LOT F AND
LOT H OF TRACT NO. 23971-1 FOR PUBLIC
LANDSCAPE
WHEREAS
, an offer of dedication of easements over various lots in north La
Quinta was made to the City by original owners as part of the final map approval
process; and
WHEREAS
, the owners offered dedication of easements to the City for public
landscape, sidewalk, and/or stormwater purposes in the 1980s and 1990s; and
WHEREAS
, final maps were recorded with the County of Riverside in the 1980s
and 1990s; however, offers of dedication for public landscape were not accepted by the
City of La Quinta at the time of recordation; and
WHEREAS
, the City of La Quinta now desires to accept these offers of
dedication in order to confirm the permitted use of the dedicated lots and ensure
continued maintenance of the lots for public landscape purposes; and
WHEREAS
, the City now wishes to accept Lot F and Lot H of Tract No. 23971-1
as fully described in Section 1 below.
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of La
Quinta, California, as follows:
SECTION 1. The City Council of the City of La Quinta hereby accepts the offer of
dedication for public landscape of Lot F and Lot H of Final Tract Map No. 23971-1 as
recorded on February 9, 1990, Instrument No. 51936, located at Washington Street and
Via Seville.
SECTION 2. The City Clerk of the City of La Quinta is hereby authorized to record this
Resolution with the Office of the County Recorder in the County of Riverside, State of
California, and the City Manager and City Clerk are hereby authorized to take any other
steps required to effectuate this Resolution.
177
ResolutionNo.2014
AcceptanceofDedicatedLotsinNorthLaQuinta
Adopted:September16,2014
Page2
PASSED, APPROVEDADOPTED
and at a regular meeting of the La Quinta City
th
Council held on this 16 day of September 2014, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
_____________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
________________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
178
RESOLUTION NO. 2014 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA,ACCEPTING THE OFFER
OF DEDICATION OF EASEMENTS OVER LOT H, LOT I,
AND LOT J OF TRACT NO. 24517 FOR PUBLIC
LANDSCAPE PURPOSES
WHEREAS
, an offer of dedication of easements over various lots in north La
Quinta was made to the City by original owners as part of final map approvals; and
WHEREAS
, the owners offered dedication of easements to the City for public
landscape, sidewalk, and/or stormwater purposes in the 1980s and 1990s; and
WHEREAS
, final maps were recorded with the County of Riverside in the 1980s
and 1990s; however, offers of dedication for public landscape were not accepted by the
City of La Quinta at the time of recordation; and
WHEREAS
, the City of La Quinta now desires to accept these offers of
dedication in order to confirm the permitted use of the dedicated lots and ensure
continued maintenance of the lots for public landscape purposes; and
WHEREAS
, the City now wishes to accept Lot H, Lot I and Lot J of Tract No.
24517 as fully described in Section 1 below.
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of La
Quinta, California, as follows:
SECTION 1. The City Council of the City of La Quinta hereby accepts the offer of
dedication for public landscape of Lot H, Lot I and Lot J of Final Tract Map No. 24517 as
recorded on January 25, 1990, Instrument No. 31607, located at Fred Waring Drive and
Adams Street.
SECTION 2. The City Clerk of the City of La Quinta is hereby authorized to record this
Resolution with the Office of the County Recorder in the County of Riverside, State of
California, and the City Manager and City Clerk are hereby authorized to take any other
steps required to effectuate this Resolution.
179
ResolutionNo.2014
AcceptanceofDedicatedLotsinNorthLaQuinta
Adopted:September16,2014
Page2
PASSED, APPROVEDADOPTED
and at a regular meeting of the La Quinta City
th
Council held on this 16 day of September 2014, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
_____________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
________________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
180
ATTACHMENT1
OffersofDedicationinNorthLaQuinta
LotListing&Information
TRACTNO.LOTSMAPRECORDEDINSTRUMENTNO.SUBDIVISION/LOCATION
22982 O,PDec.19,1988371482CactusFlower
FredWaringDr/DunePalmsRd
23268 K,L,MFeb.16,199060381Acacia
MilesAve/SeeleyDr
23269 R,S,T,U,VAug.29,1989294785LaQuintaHighlands
FredWaringDr/AdamsSt
23913 Q,RS,TOct.23,1990388859DesertFlower&Quinterra
MilesAve/AdamsSt
239351 D,E,F,GAug.16,1990305287Topaz
DunePalmsRd/MilesAve
239711 F,HFeb.9,199051936LaQuintaDelOro
WashingtonSt/ViaSeville
24517 H,I,JJan.25,199031607RanchoOcotillo
FredWaringDr/AdamsSt
______________________________________________________________________________________
7Tracts23Lots
181
182
FOXTAIL CIR
CAMINO LAVANDA
OCOTILLO DR
184
CITY MEETING DATE: September 16, 2014
ITEM TITLE: RECEIVE AND FILE TREASURER'S
REPORTS DATED JUNE 30, 2014 AND JULY 31, 2014
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 12
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Receive and file.
EXECUTIVE SUMMARY:
the Investment Advisory
Board and the City Council for review.
The report summarizes all cash and investments of the City, Successor
Agency, Housing Authority, and Financing Authority.
There was sufficient investment liquidity and anticipated revenues available
to meet July expenditures as well as the estimated expenditures for August.
FISCAL IMPACT:
None.
BACKGROUND/ANALYSIS:
California Government Code and City Municipal Code. It certifies that all of the
pooled investments are reported accurately and fairly in compliance with the
applicable codes and also certifies that there is sufficient investment liquidity and
Due
to the City pooling all cash and investments, the report combines all City entities
including the Successor Agency, Financing Authority, and Housing Authority.
185
For the June 30 report (Attachment 1), the investment portfolio was stable and
increased by approximately $19.6 million, ending the month at $136 million. The
major reason for the increase is due to the maturity of $2.0 million Farm Loan Bank
investment, receipt of $16.2 million for property tax, $603,800 for Sales Tax and
$202,300 for Gas Tax.
During that month, the Local Agency Investment Fund account increased $16
million due to a transfer of property tax receipts to end the month at $49 million.
The overall portfolio performance remained stable from the previous month, earning
.33%.
For the July 31 report (Attachment 2), the investment portfolio decreased by $4.4
million ending the month at $131.9 million. The primary reason for the increase
was due to a debt payment of $4 million for the refunding of the 2004 bond issue.
During the month, the Local Agency Investment Fund account increased slightly by
$20 thousand due to a quarterly interest income to end the month at $49.0 million.
The overall portfolio performance increased slightly from the previous month,
earning .34%.
ALTERNATIVES:
None.
Report prepared by: Rita Conrad, Finance Director
Report approved for submission by: Frank J. Spevacek, City Manager
Attachments: dated June 30, 2014
186
187
188
189
192
193
City of La Quinta
Comparative Rates of Interest
June 30, 2014
City of La Quinta
Commercial Paper
Annualized EarningsAverageTreasury Bills/NoteThree Month
YearMonthPooled Cash Fiscal Agent OverallMaturity (days)Three Month Six Month One Year Two Year Non-FinancialLAIF Rate
FY 09/10July 20090.69%0.30%0.65%1110.19%0.28%0.47%1.00%0.28%1.04%
August 20090.64%0.30%0.61%920.16%0.26%0.46%1.00%0.24%0.93%
Sept 20090.56%0.31%0.53%1120.12%0.19%0.41%1.00%0.19%0.75%
Oct 20090.52%0.31%0.50%900.08%0.19%0.38%1.00%0.19%0.65%
Nov 20090.56%0.31%0.53%1520.04%0.14%0.32%0.75%0.15%0.61%
Dec 20090.56%0.15%0.51%2390.11%0.20%0.16%1.00%0.16%0.57%
Jan 20100.46%0.15%0.43%1790.06%0.14%0.34%0.88%0.13%0.56%
Feb 20100.51%0.16%0.48%1620.13%0.19%0.32%0.88%0.15%0.58%
Mar 20100.50%0.16%0.47%1720.15%0.24%0.38%1.00%0.20%0.55%
Apr 20100.52%0.16%0.48%1620.15%0.24%0.49%1.00%0.23%0.59%
May 20100.52%0.16%0.48%1160.17%0.22%0.37%0.75%0.28%0.56%
June 20100.44%0.02%0.33%1340.16%0.22%0.32%0.63%0.32%0.53%
FY 10/11July 20100.50%0.15%0.47%1190.16%0.20%0.30%0.63%0.28%0.53%
August 20100.49%0.15%0.46%1080.15%0.19%0.26%0.38%0.25%0.51%
Sept 20100.55%0.15%0.51%1070.16%0.19%0.27%0.38%0.24%0.50%
Oct 20100.55%0.15%0.51%880.13%0.17%0.23%0.38%0.23%0.48%
Nov 20100.53%0.15%0.49%840.18%0.21%0.28%0.50%0.23%0.45%
Dec 20100.57%0.14%0.52%2650.15%0.19%0.30%0.63%0.23%0.46%
Jan 20110.51%0.14%0.43%2060.16%0.18%0.28%0.63%0.24%0.54%
Feb 20110.55%0.17%0.46%2100.15%0.17%0.31%0.63%0.23%0.51%
Mar 20110.54%0.17%0.45%2180.05%0.13%0.26%0.75%0.23%0.50%
Apr 20110.59%0.17%0.48%1920.05%0.10%0.28%0.63%0.20%0.59%
May 20110.48%0.17%0.41%1560.06%0.12%0.20%0.50%0.16%0.41%
June 20110.53%0.00%0.35%1260.03%0.10%0.20%0.38%0.15%0.45%
FY 11/12July 20110.53%0.00%0.35%1120.07%0.12%0.15%0.20%0.14%0.38%
August 20110.60%0.00%0.38%1020.02%0.05%0.10%0.13%0.16%0.41%
Sept 20110.58%0.03%0.39%1240.02%0.06%0.09%0.13%0.14%0.38%
Oct 20110.53%0.03%0.35%1170.01%0.06%0.12%0.25%0.15%0.39%
Nov 20110.52%0.03%0.37%940.03%0.07%0.10%0.25%0.14%0.40%
Dec 20110.48%0.03%0.35%860.02%0.06%0.11%0.13%0.14%0.39%
Jan 20120.45%0.03%0.34%740.05%0.08%0.11%0.25%0.14%0.39%
Feb 20120.49%0.05%0.36%720.12%0.15%0.17%0.25%0.17%0.39%
Mar 20120.44%0.05%0.34%740.08%0.14%0.19%0.25%0.18%0.38%
Apr 20120.44%0.09%0.35%610.10%0.15%0.19%0.25%0.20%0.37%
May 20120.43%0.09%0.34%620.09%0.14%0.19%0.25%0.19%0.36%
June 20120.38%0.08%0.29%470.10%0.15%0.21%0.25%0.21%0.36%
FY 12/13July 20120.41%0.08%0.31%1120.11%0.15%0.18%0.22%0.22%0.36%
August 20120.41%0.08%0.29%310.11%0.14%0.20%0.25%0.20%0.38%
Sept 20120.43%0.09%0.33%340.11%0.14%0.18%0.25%0.20%0.35%
Oct 20120.47%0.10%0.36%220.13%0.16%0.18%0.25%0.19%0.34%
Nov 20120.48%0.10%0.36%1610.10%0.15%0.18%0.25%0.20%0.32%
Dec 20120.47%0.10%0.36%1370.08%0.12%0.16%0.13%0.20%0.33%
Jan 20130.44%0.10%0.34%1110.08%0.11%0.14%0.25%0.16%0.30%
Feb 20130.37%0.10%0.29%1050.13%0.14%0.15%0.25%0.17%0.29%
Mar 20130.39%0.09%0.30%1230.08%0.11%0.15%0.25%0.15%0.29%
Apr 20130.31%0.08%0.25%1860.05%0.08%0.14%0.13%0.12%0.26%
May 20130.30%0.06%0.23%1750.05%0.08%0.14%0.25%0.10%0.25%
June 20130.30%0.07%0.23%2120.05%0.09%0.16%0.38%0.10%0.24%
FY 13/14July 20130.28%0.07%0.21%3360.03%0.07%0.12%0.25%0.11%0.27%
August 20130.28%0.06%0.21%3030.03%0.06%0.07%0.14%0.09%0.27%
Sept 20130.30%0.07%0.23%3210.01%0.04%0.01%0.25%0.08%0.26%
Oct 20130.48%0.06%0.31%4270.05%0.08%0.16%0.25%0.11%0.27%
Nov 20130.49%0.06%0.31%4440.05%0.08%0.16%0.25%0.09%0.26%
Dec 20130.49%0.05%0.31%3960.07%0.09%0.14%0.25%0.09%0.26%
Jan 20140.44%0.05%0.32%3810.04%0.06%0.13%0.38%0.09%0.24%
Feb 20140.44%0.03%0.30%3570.05%0.08%0.12%0.25%0.10%0.24%
Mar 20140.44%0.02%0.30%3520.05%0.07%0.12%0.38%0.10%0.24%
Apr 20140.47%0.02%0.33%3680.02%0.05%0.11%0.45%0.10%0.23%
May 20140.49%0.02%0.35%3730.04%0.06%0.10%0.39%0.10%0.23%
June 20140.44%0.02%0.33%3100.04%0.07%0.11%0.50%0.10%0.23%
194
195
196
197
198
199
202
203
City of La Quinta
Comparative Rates of Interest
July 31, 2014
City of La Quinta
Commercial Paper
Annualized EarningsAverageTreasury Bills/NoteThree Month
YearMonthPooled Cash Fiscal Agent OverallMaturity (days)Three Month Six Month One Year Two Year Non-FinancialLAIF Rate
FY 10/11July 20100.50%0.15%0.47%1190.16%0.20%0.30%0.63%0.28%0.53%
August 20100.49%0.15%0.46%1080.15%0.19%0.26%0.38%0.25%0.51%
Sept 20100.55%0.15%0.51%1070.16%0.19%0.27%0.38%0.24%0.50%
Oct 20100.55%0.15%0.51%880.13%0.17%0.23%0.38%0.23%0.48%
Nov 20100.53%0.15%0.49%840.18%0.21%0.28%0.50%0.23%0.45%
Dec 20100.57%0.14%0.52%2650.15%0.19%0.30%0.63%0.23%0.46%
Jan 20110.51%0.14%0.43%2060.16%0.18%0.28%0.63%0.24%0.54%
Feb 20110.55%0.17%0.46%2100.15%0.17%0.31%0.63%0.23%0.51%
Mar 20110.54%0.17%0.45%2180.05%0.13%0.26%0.75%0.23%0.50%
Apr 20110.59%0.17%0.48%1920.05%0.10%0.28%0.63%0.20%0.59%
May 20110.48%0.17%0.41%1560.06%0.12%0.20%0.50%0.16%0.41%
June 20110.53%0.00%0.35%1260.03%0.10%0.20%0.38%0.15%0.45%
FY 11/12July 20110.53%0.00%0.35%1120.07%0.12%0.15%0.20%0.14%0.38%
August 20110.60%0.00%0.38%1020.02%0.05%0.10%0.13%0.16%0.41%
Sept 20110.58%0.03%0.39%1240.02%0.06%0.09%0.13%0.14%0.38%
Oct 20110.53%0.03%0.35%1170.01%0.06%0.12%0.25%0.15%0.39%
Nov 20110.52%0.03%0.37%940.03%0.07%0.10%0.25%0.14%0.40%
Dec 20110.48%0.03%0.35%860.02%0.06%0.11%0.13%0.14%0.39%
Jan 20120.45%0.03%0.34%740.05%0.08%0.11%0.25%0.14%0.39%
Feb 20120.49%0.05%0.36%720.12%0.15%0.17%0.25%0.17%0.39%
Mar 20120.44%0.05%0.34%740.08%0.14%0.19%0.25%0.18%0.38%
Apr 20120.44%0.09%0.35%610.10%0.15%0.19%0.25%0.20%0.37%
May 20120.43%0.09%0.34%620.09%0.14%0.19%0.25%0.19%0.36%
June 20120.38%0.08%0.29%470.10%0.15%0.21%0.25%0.21%0.36%
FY 12/13July 20120.41%0.08%0.31%1120.11%0.15%0.18%0.22%0.22%0.36%
August 20120.41%0.08%0.29%310.11%0.14%0.20%0.25%0.20%0.38%
Sept 20120.43%0.09%0.33%340.11%0.14%0.18%0.25%0.20%0.35%
Oct 20120.47%0.10%0.36%220.13%0.16%0.18%0.25%0.19%0.34%
Nov 20120.48%0.10%0.36%1610.10%0.15%0.18%0.25%0.20%0.32%
Dec 20120.47%0.10%0.36%1370.08%0.12%0.16%0.13%0.20%0.33%
Jan 20130.44%0.10%0.34%1110.08%0.11%0.14%0.25%0.16%0.30%
Feb 20130.37%0.10%0.29%1050.13%0.14%0.15%0.25%0.17%0.29%
Mar 20130.39%0.09%0.30%1230.08%0.11%0.15%0.25%0.15%0.29%
Apr 20130.31%0.08%0.25%1860.05%0.08%0.14%0.13%0.12%0.26%
May 20130.30%0.06%0.23%1750.05%0.08%0.14%0.25%0.10%0.25%
June 20130.30%0.07%0.23%2120.05%0.09%0.16%0.38%0.10%0.24%
FY 13/14July 20130.28%0.07%0.21%3360.03%0.07%0.12%0.25%0.11%0.27%
August 20130.28%0.06%0.21%3030.03%0.06%0.07%0.14%0.09%0.27%
Sept 20130.30%0.07%0.23%3210.01%0.04%0.01%0.25%0.08%0.26%
Oct 20130.48%0.06%0.31%4270.05%0.08%0.16%0.25%0.11%0.27%
Nov 20130.49%0.06%0.31%4440.05%0.08%0.16%0.25%0.09%0.26%
Dec 20130.49%0.05%0.31%3960.07%0.09%0.14%0.25%0.09%0.26%
Jan 20140.44%0.05%0.32%3810.04%0.06%0.13%0.38%0.09%0.24%
Feb 20140.44%0.03%0.30%3570.05%0.08%0.12%0.25%0.10%0.24%
Mar 20140.44%0.02%0.30%3520.05%0.07%0.12%0.38%0.10%0.24%
Apr 20140.47%0.02%0.33%3680.02%0.05%0.11%0.45%0.10%0.23%
May 20140.49%0.02%0.35%3730.04%0.06%0.10%0.39%0.10%0.23%
June 20140.44%0.02%0.33%3100.04%0.07%0.11%0.50%0.10%0.23%
FY 14/15July 20140.45%0.02%0.34%3050.03%0.06%0.11%0.50%0.10%0.24%
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CITY MEETING DATE: September 16, 2014
ADOPT RESOLUTIONS TO DECLARE
ITEM TITLE: LOCAL EMERGENCY; REQUEST GOVERNOR TO
PROCLAM STATE OF EMERGENCY; REQUEST
CONCURRENCE BY CALIFORNIA OFFICE OF
EMERGENCY SERVICES; AND APPROVE THE
TEMPORARY WAIVER OF PERMIT FEES FOR WORK
RESULTING FROM FLOOD DAMAGE
AGENDA CATEGORY:
BUSINESS SESSION: 1
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
1.
Approve three resolutions related to the declaration of a local emergency:
a. Proclaiming the existence of a local emergency;
b. Requesting the governor to proclaim a state of emergency; and
c. Requesting concurrence in the proclamation of a local emergency by the
California Office of Emergency Services.
2.
Motion to approve the temporary waiver of building permit fees and authorize
expedited permit processing for repair work associated with the flood damage of
September 8, 2014.
EXECUTIVE SUMMARY:
The City experienced a 700-year storm event on September 8, 2014, which
caused extensive damage to private and public property throughout the City.
Public and private buildings and streets were flooded and damaged as a result of
the intense rain storm.
The City activated the Emergency Operations Center (EOC) to provide
communication and coordination of safety efforts to residents and to address the
necessary clean up following the storm.
To qualify for assistance from the Natural Disaster Relief Act (NDAA), this
proclamation must be adopted within ten days of the event.
During the existence of a declared emergency, per Municipal Code, the City
Council shall be considered to be in continuous session This permits Council to
.
convene on short notice and to bypass certain Brown Act requirements.
207
FISCAL IMPACT:
City staff is assessing the damage and obtaining cost estimates. Declaring the
existence of a local emergency could provide assistance in recovering from damages
associated with the emergency event.
As a consideration to residents who may need assistance with their properties, staff
recommends a one-time waiver of building permit fees for repair work necessitated by
flood damage. If the Governor also declares the event a natural disaster, state code
applies. The Government Code prohibits fees for the reconstruction of any residential,
commercial, or industrial development project that is damaged or destroyed as a result
of a natural disaster, as declared by the Governor. In addition, these permit
applications would be given priority in the review queue. The fiscal impact would be the
loss of permit fee revenue however; it is revenue that would not have otherwise been
realized had there been no storm.
BACKGROUND/ANALYSIS:
The morning of September 8, 2014 proved to be one of the most significant rain storms
since the incorporation. According to the National Weather Service, La Quinta
experienced a 700-minutes causing a rapid
flood emergency throughout the City.
Due to the high volume of water in a short period of time, the Police, Fire and Public
Works departments worked to control traffic, clear roadways and flooded intersections
including rescuing stranded motorists, removing abandoned vehicles, pumping collected
water, and removing debris and downed trees quickly to reopen roadways.
Damage to infrastructure (including streets and public buildings) and damage
to many private homes and local businesses, is evident and being documented. The
cleanup efforts are beyond the resources of the City and additional financial support is
needed. The extent of the damage to the City is unknown at this time, but it is likely to
be substantial. The declaration of a local emergency provides the opportunity to apply
for federal and/or state funding assistance.
A number of private residences and businesses were damaged during the flooding
emergency. As a relief to the financial burden on residents and business owners, a fee
waiver and expedited effort for building permits for storm damage repairs is
recommended.
ALTERNATIVES:
Due to the serious safety condition and considerable damage to public and private
property, staff offers no alternative.
Report prepared by: Edie Hylton, Deputy City Manager
Susan Maysels, City Clerk
Report approved for submission by: Frank J. Spevacek, City Manager
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EMERGENCY RESOLUTION NO. 2014 - ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, PROCLAIMING THE
EXISTENCE OF A LOCAL EMERGENCY
WHEREAS,
La QuintaMunicipal Code section 2.20.080 empowers the City
Council or, if the City Council is not in session by (1) any member of the City Council
acting individually; (2) City Manager; (3) Chief of Police; (4) Fire Chief; or (5) Acting City
Manager to proclaim the existence or threatened existence of a local emergency when
the City is affected or likely to be affected by a public calamity; and
WHEREAS,
the City Council has been requested by the City Manager to
proclaim the existence of a local emergency therein; and
WHEREAS,
the City Council does hereby find that conditions of extreme peril to
the safety of persons and property have arisen within the City, caused by heavy rain
th
and major flash flooding; commencing on or about 7:30 a.m. on the 8 day of
September 2014; and that the aforesaid conditions of extreme peril warrant and
necessitate the proclamation of the existence of a local emergency;
NOW, THEREFORE, IT IS HEREBY PROCLAIMED
by the City Council of the
City of La Quinta, California that a local emergency now exists throughout the City of La
Quinta;and
IT IS HEREBY FURTHER PROCLAIMED AND ORDERED
that during the
existence of said local emergency the powers, functions, and duties of the Emergency
Manager and the emergency organization of this City shall be those prescribed by state
law, by ordinances, and resolutions of this City; and
IT IS HEREBY FURTHER PROCLAIMED AND ORDERED
that the Emergency
Operations Center Director or his/her successor or assignee is hereby designated as
the authorized representative of the City of La Quinta for the purpose of receipt,
processing and coordination of all inquiries and requirements necessary to obtain
available state and federal assistance; and
IT IS HEREBY FURTHER PROCLAIMED AND ORDERED
that said local
emergency shall be deemed to continue to exist until its termination is proclaimed by the
City Council of the City of La Quinta, California.
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Resolution No. 2014-___
Local Emergency Proclamation
Adopted: September 16, 2014
PASSED, APPROVED,ADOPTED
and at a regularmeeting of the La Quinta
th
City Council held on this 16 day of September 2014 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
_________________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
_________________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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EMERGENCY RESOLUTION NO. 2014 - ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, REQUESTING THE
GOVERNOR TO PROCLAIM A STATE OF EMERGENCY
th
WHEREAS,
on the 16 day of September 2014,the City Council of the City of La
Quinta found that due to heavy rain and major flash flooding on September 8, 2014, a
condition of extreme peril to life and property did exist within the City of La Quinta; and
WHEREAS
, in accordance with state law the City Council proclaimed an
emergency did exist throughout the City; and
WHEREAS
, it has now been found that local resources are unable to cope with
the effects of said emergency;
NOW, THEREFORE, IT IS HEREBY PROCLAIMED AND ORDERED
that a
copy of this resolution be forwarded to the Governor of California with the request that
he proclaim the City of La Quinta to be in a state of emergency; and
IT IS HEREBY FURTHER ORDERED
that a copy of this resolution be forwarded
to the State Director of the Office of Emergency Services; and
IT IS HEREBY FURTHER RESOLVED
that La Quinta City Manager Frank J.
Spevacek is hereby designated as the authorized representative for public assistance
and Christopher Escobedo, Assistant to the City Manager is hereby designated as the
authorized representative for individual assistance of the City of La Quinta for the
purpose of receipt, processing, and coordination of all inquiries and requirements
necessary to obtain available state and federal assistance.
PASSED, APPROVED,ADOPTED
and at a regularmeeting of the La Quinta
th
City Council held on this 16 day of September 2014 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
DON ADOLPH, Mayor
City of La Quinta, California
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Resolution No. 2014-
Proclamation of Local Emergency
Requesting Proclamation by Governor
Adopted: September 16, 2014
ATTEST:
__________________________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
_______________________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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RESOLUTION NO. 20__ - ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, REQUESTING
CONCURRENCE IN THE PROCLAMATION OF A LOCAL
EMERGENCY BY THE STATE DIRECTOR OF THE
CALIFORNIA OFFICE OF EMERGENCY SERVICES
th
WHEREAS,
on the 16day of September 2014,the City Council of the City of La
Quinta found that due to heavy rain and major flash flooding on September 8, 2014 a
condition of extreme peril to life and property did exist within the City of La Quinta; and
WHEREAS
, in accordance with state law the City Council proclaimed an
emergency did exist throughout the City; and
NOW, THEREFORE, IT IS HEREBY PROCLAIMED AND ORDERED
that a
copy of this resolution be forwarded to the State Director of the Office of Emergency
Services with a request that s/he find it acceptable in accordance with provisions of the
Natural Disaster Assistance Act; and
IT IS HEREBY FURTHER RESOLVED
that La Quinta City Manager Frank J.
Spevacek is hereby designated as the authorized representative of the City of La Quinta
for the purpose of receipt, processing, and coordination of all inquiries and requirements
necessary to obtain available state and federal assistance.
PASSED, APPROVED,ADOPTED
and at a regularmeeting of the La Quinta
th
City Council held on this 16 day of September 2014 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
DON ADOLPH, Mayor
City of La Quinta, California
213
Resolution No. 2014-
Proclamation of Local Emergency
Requesting Concurrence by State OES
Adopted: September 16, 2014
ATTEST:
_________________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
_________________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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CITY MEETING DATE: September 16, 2014
ITEM TITLE: UPDATE ON THE BIG HORN SHEEP
PROTECTION FENCE ALONG THE BASE OF CORAL
MOUNTAIN REQUIRED BY STATE AND FEDERAL
AGENCIES
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION: 1
PUBLIC HEARING:
RECOMMENDED ACTION:
Review and discuss a status report recently submitted to the Federal and State
Wildlife agencies regarding the establishment of a barrier fence to prevent access
of Peninsular Bighorn Sheep onto certain La Quinta properties.
EXECUTIVE SUMMARY:
• In March 2014, the Coachella Valley Conservation Commission (CVCC) and
the City received a joint letter from the U.S. Fish and Wildlife Service and the
California Department of Fish and Wildlife (Agencies) providing written notice
that Peninsular Bighorn Sheep, an endangered and protected species, are
coming onto several La Quinta golf courses (Attachment 1).
• The Agencies require a report be submitted to them within six months,
which was provided on August 28, 2014, and a fence be constructed within
two years of the written notice.
• The August 28, 2014 CVCC status report in response to the notification
(Attachment 2) is being presented to City Council for review and feedback.
• The proposed fence is 8.3 miles long and 8 feet high.
FISCAL IMPACT:
The estimated cost from CVCC to install chain link fence for the 8.3 miles of fence
outlined in the plan ranges from $2.4 to $3.3 million. There is $1 million in the
2014/2015 CVCC budget for the construction of a fence.
`AN
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CITY MEETING DATE: September 16, 2014
ITEM TITLE: OVERVIEW OF SILVERROCK RESORT
DEVELOPMENT PROGRAM
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION: 2
PUBLIC HEARING:
RECOMMENDED ACTION:
Provide direction regarding the SilverRock Resort development program.
EXECUTIVE SUMMARY:
On April 16, 2013, City Council selected Meriwether and the Robert Green
Companies to negotiate business terms for the development of
SilverRock Resort.
The City and Developer have crafted a development program that includes a
luxury hotel with branded luxury residential, a lifestyle hotel and lifestyle
branded residential, a conference and shared services facility, a mixed-use
village, resort residential village, renovation of the existing Ahmanson Ranch
House, construction of a permanent golf clubhouse, as well as associated
road and utility infrastructure.
The development program, site plan and construction schedule will be
presented in greater detail during the Study Session.
The business terms and agreements will be presented in October with final
consideration scheduled for November.
FISCAL IMPACT:
The Study Session activities will not generate a fiscal impact. However, if this
project is approved, the City would receive up to $55.2 million in tax ($48.0
million) and fee ($7.2 million) revenue over a 15-year period. However, given the
cost of this development ($420.0 million) the development may require that the
City invest up to $27.0 million in redevelopment agency bond proceeds and
transient occupancy tax (TOT) revenue over a 15-year period.
233
BACKGROUND/ANALYSIS:
Since 1996, the City has been growing General Fund revenue by aggressively
seeking retail and hospitality uses. Since then, the City has made strategic
investments to diversify its economic base, support business expansion, expand
unique environment. To
that end, 525 acres of vacant property were purchased by the former La Quinta
Redevelopment Agency in 2002 with the objective to improve the land via
development of hotel, retail, recreation, cultural and community facilities, and a
public golf course.
The City was able to undertake these endeavors because it had an active
Redevelopment Agency. The strategy was to use the Redevelopment Agency to
fund strategic investments and address public facility
and infrastructure deficiencies. A guiding principal was to fund investments that
would generate City General Fund revenue.
The Redevelopment Agency used property tax revenue and tax exempt and taxable
bonds to fund these investments. A combination of tax exempt and taxable bonds
(tax exempt bonds typically feature lower interest rates than taxable bonds 1 to
2 percent - but there are many restrictions imposed upon their use) were used to
purchase and improve the land, and construct the 18-hole Arnold Palmer Classic
Golf Course. The course opened in March 2005.
That same year, an effort was underway to secure a master developer who could
further realize to develop a destination resort that provided
recreation and retail amenities for La Quinta residents and businesses. In 2006,
Lowe Enterprises was chosen to develop SilverRock Resort. The first development
phase entailed a luxury boutique hotel; subsequent phases included a full-service
luxury hotel, retail and resort residential uses. Construction plans for the boutique
hotel were 60 percent complete when, in 2008, the Great Recession precluded
development and, shortly thereafter, the relationship with Lowe Enterprises came
to an end.
In 2011, the Governor and a majority of the Legislature elected to abolish
redevelopment agencies and liquidate their assets. These actions resulted in 50
percent of the SilverRock property being subject to State oversight. By early 2013,
the Great Recession was lifting and the City entered into an Exclusive Negotiating
Agreement with Meriwether Companies and the Robert Green Company, who
proposed an aggressive development program for SilverRock. In August 2014, the
City completed a series of activities that removed State oversight of some of the
SilverRock properties.
Meriwether and The Robert Green Company
Meriwether Companies is a multi-disciplined real estate development and
investment firm focused on distinctive hospitality and residential projects located in
resort communities and select urban settings. Their portfolio includes resort and
residential developments located in Colorado, Montana, Utah and California
234
(Rancho Mirage). Their partner, The Robert Green Company, develops and owns
hotels. The Robert Green Company specializes in hospitality and mixed-use
development throughout the Western United States, where they have developed
resort properties in Sonoma, Palo Alto, Carlsbad, San Diego and Jackson Hole,
Wyoming.
Development Program
The projected value of the Development Program is $420 million. The development
would generate approximately $55.2 million in City tax ($48.0 million) and City fee
($7.2 million) revenue over a 15-year period. However, given the need to build
infrastructure and a permanent clubhouse (which the City was once going to do
when the Redevelopment Agency existed), the City would invest up to $27.0
million in redevelopment agency bond proceeds and transient occupancy tax
revenue over a 15-year period. The Development Program includes the following:
A.Arnold Palmer Classic Golf Course reconfigure the golf course to
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accommodate the luxury hotel on the property developed with the 17 hole.
B.Luxury Hotel a 140-room 5-star quality luxury hotel and spa (170,000
square feet in total) featuring a unique architectural theme designed to blend
the natural site with the mountains. A spa would be located in a separate
building. The Developer is working to secure one of the following operators:
Four Seasons, Ritz Carlton, Montage, St. Regis or Rosewood.
C.Luxury Branded Residential 35 for-sale, single-family detached residences.
The residences will be branded with the luxury hotel and sold with an
amenity agreement, affording owners and their guests with a host of
privileges and access rights to the luxury hotel. Home sizes would range
from 2,800 to 4,500 square feet with some having lock-off units. All the
branded residential will be resort oriented and is intended to generate TOT.
D.Lifestyle Hotel a 200-room 4-star quality lifestyle hotel of approximately
170,000 square feet, which would include a day spa and fitness center,
conference and back-of-house services. The operator would be one of those
the Developer is securing for the luxury hotel.
E.Lifestyle Branded Residential 60 residential homes branded with the
lifestyle hotel. Home sizes would range from 2,100 to 3,500 square feet
and would be designed with a lock-off unit, adding a potential capacity of
120 keys to the Lifestyle Hotel. Again, this product would be resort oriented
and is intended to generate TOT.
F.Conference Center approximately 71,000 square feet containing a
ballroom, meeting space and food service areas, as well as back-of-house
functions. This facility would be shared by the luxury and lifestyle hotels.
235
G.Promenade Mixed-Use Village A resort village with 150,000 square feet of
attached resort residential units and up to 25,000 square feet of retail space.
Within the village, a private and public park and recreation area is proposed,
which would include water play facilities, community gardens, a luxury
camping product and trails.
H.Permanent Clubhouse 5,000 square feet of conditioned interior space with
large outdoor patios and associated event lawn.
Development Timeline
SILVERROCK SCHEDULE
2015201620172018201920202021
PRE-DEVELOPMENT
Design and Engineering
MASTER SITE INFRASTRUCTUREPHASED
Mass Grading, Infrastructure and Utilities
LUXURY HOTEL
140 key/spa
LUXURY BRANDED RESIDENTIALPHASED
35 (3,000-4,500 sq')
CONFERENCE / SHARED SRVC.
71,000 sq'
LIFESTYLE HOTEL
200 key
LIFESTYLE BRANDED RESIDENTIALPHASED
60 (2,100-3,500 sq')
MIXED USE VILLAGEPHASED
120 (1,000-2,000 sq')/ (40,000 sq' comm)
RESORT RESIDENTIALPHASED
160 (2,200-4,000 sq')
Schedule
The schedule of events for the agreements that implement the development is as
follows:
October 7 Study session focused upon terms and conditions of the
purchase, sale and development agreement.
October 14 Planning Commission consideration of a development
agreement.
November 4 City Council public hearing and consideration of a purchase,
sale and development agreement (including first reading of an ordinance
adopting a development agreement).
November 18 - Second reading of ordinance adopting a development
agreement (provided the item is adopted by the City Council).
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ALTERNATIVES:
As this is a study session item seeking direction from the City Council, staff does
not recommend an alternative.
Report prepared by: Chris Escobedo, Assistant to City Manager
Report approved for submission by: Frank J. Spevacek, City Manager
Attachment: 1. Site plan
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Reports/Informational Items: ______________
21
Report to La Quinta City Council
Palm Springs International Airport Commission Meeting
July 16, 2014
Action Items:
Due to the summer wind-down, there were no action items on the
agenda, and the Palm Springs City Council had no airport related actions to report.
Budget:
There were no exceptional items to report, and we are on-target for
unrestricted cash, with a balance of $7.5m.
Passenger Activity:
June was our eighth month in a row of new record activity: up
10.3% from last year.
General:
The Aircraft and Pilots Association (AOPA) had begun having their annual
convention in Palm Springs; bringing with it the Parade of Airplanes. This was a hugely
popular event, and it drew thousands of visitors to the area. Recent executive changes
within AOPA resulted in smaller regional conventions instead of a national one, so it
was not planned to occur again.
Because of the popularity of the Parade of Airplanes, a private organization has decided
to sponsor it, making it an annual event in Palm Springs. The new parade is scheduled
for October 2014.
The next meeting is scheduled for September 17, 2014.
Submitted: _________________________
Robert G. Teal, Commissioner
Palm Springs International Airport
Email: bob@teal.us.com
Phone: 760-899-4171
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REPORT/INFORMATIONAL ITEM: 17
INVESTMENT ADVISORY BOARD
MINUTES
Wednesday, June 11, 2014
CALL TO ORDER
A regular meeting of the La Quinta Investment Advisory Board was called to order
at 4:00 p.m. by Chairperson Donais.
PRESENT: Board Members Donais, Spirtos and Godbey
ABSENT: Board Members Park and Mortenson
STAFF PRESENT: Finance Director, Rita Conrad, and Senior Secretary, Vianka
Orrantia
PUBLIC COMMENT - None
CONFIRMATION OF AGENDA- Confirmed
APPROVAL OF MINUTES
Approval of the Minutes of May 14, 2014
Motion - A motion was made by Board Members Spirtos/Donais to approve the
Minutes of May 14, 2014 as submitted with a correction to the spelling of Board
Member Spirtos' name (page 2) under the motion of Business Session Item 1.
Motion passed unanimously.
CONSENT CALENDAR ITEMS
1 . Review and File Treasurer's Report
Mrs. Conrad presented and reviewed the staff report for the month of March 2014.
INVESTMENT ADVISORY MINUTES 1 June 11, 2014
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REPORTS AND INFORMATIONAL ITEMS: 23
ARCHITECTURAL AND LANDSCAPING
REVIEW BOARD
MINUTES
WEDNESDAY, JUNE 4, 2014
CALL TO ORDER A regular meeting of the La Quinta Architectural and Landscaping Review Board was
called to order at 10:13 a.m. by Planning Manager David Sawyer.
PRESENT: Board Members Richard Gray and Kevin McCune
ABSENT: Ray Rooker
STAFF PRESENT: Planning Manager David Sawyer, Principal Planner Wally Nesbit,
and Executive Assistant Monika Radeva
Planning Manager Sawyer led the Board in the Pledge of Allegiance.
PUBLIC COMMENT — None
CONFIRMATION OF AGENDA — Confirmed
APPROVAL OF MINUTES
Motion — A motion was made and seconded by Board Members McCune/Gray to
approve the Architectural and Landscaping Review Board Minutes of May 21, 2014
as submitted. AYES: Board Members Gray and McCune. NOES: None. ABSENT:
Board Member Rooker. ABSTAIN: None.
BUSINESS SESSION
1. Site Development Permit 2013-931 submitted by Jon Legarza for the
consideration of architectural and landscaping plans for the proposed expansion
of The Chateau, an existing hotel, from 11 existing approved rooms to 24 total
rooms. Location: east side of Caleo Bay Drive, immediately south of Lake La
Quinta Drive (78-120 Caleo Bay Drive).
Principal Planner Wally Nesbit presented the information contained in the staff
report, a copy of which is on file in the Community Development Department.
ARCHITECTURAL AND LANDSCAPING
REVIEW BOARD MINUTES
JUNE 4, 2014
MR
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REPORTS AND INFORMATIONAL ITEMS: 24
PLANNING COMMISSION
MINUTES
TUESDAY, JUNE 24, 2014
CALL TO ORDER
A regular meeting of the La Quinta Planning Commission was called to order at 7:04
p.m. by Chairperson Barrows.
PRESENT: Commissioners Blum, Weber, Wilkinson, Vice Chair Wright, and
Chairperson Barrows
ABSENT: None
STAFF PRESENT: Community Development Director Les Johnson, Planning Manager
David Sawyer, Principal Engineer Ed Wimmer, Associate Planner Jay
Wuu, and Office Assistant Beatrice Acosta
Commissioner Blum led the Commission in the Pledge of Allegiance.
PUBLIC COMMENT
Public Speaker: Mr. Philip Bettencourt, La Quinta Resident, CA — introduced himself as
recently appointed Planning Commissioner and said he was looking forward to serving
on the Commission.
CONFIRMATION OF AGENDA - Confirmed
APPROVAL OF MINUTES
Motion — A motion was made and seconded by Commissioners Wright/Blum to approve
the Planning Commission Minutes of June 10, 2014, as submitted and modified to
reflect the arrival of Commissioner Weber. Motion carried unanimously.
PUBLIC HEARINGS
1. Continued from June 10, 2014 — Environmental Assessment 2014-636 and
Amended Final Map 32742 submitted by Monterra Properties, LLC proposing to
reconfigure a previously approved 14 -acre, 40 single-family residential lot
subdivision in order to relocate the primary access from Monroe Street to Brown
Deer Park Road while maintaining an exit -only access on Monroe Street. Project:
PLANNING COMMISSION MINUTES 1 JUNE 24, 2014
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DEPARTMENT REPORT: 3A
CITY COUNCIL'S UPCOMING EVENTS
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DEPARTMENT REPORT: ____3B____
TO: The Honorable Mayor and Members of the City Council
FROM: Pam Nieto, Administrative Technician
VIA: Susan Maysels, City Clerk
DATE: September 16, 2014
SUBJECT: Rds C`sd enq @mmt`k Onkhbd UnktmsddqrŬ Chmmdq
______________________________________________________________________________
For many years, the City has honored Police volunteers with a recognition dinner.
Funds for the event ($2,000) were approved as part of the 2014/15 Police
Department budget.
Traditionally, the event is held in November every year. Taking into account
BntmbhkŬr lddshmf rbgdctkd `mc `kknvhmf shme to coordinate the event, the
following dates are offered for your consideration:
Tuesday November 11, 2003 59// ũ 89// o-l-
Vdcmdrc`x Mnudladq 01+ 1/03 59// ũ 89// o-l-
Sgtqrc`x Mnudladq 02+ 1/03 59// ũ 89// o-l-
Staff will proceed with the arrangements immediately upon selection of a date by
the City Council.
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DEPARTMENTREPORT: 4A
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DEPARTMENTALREPORT:4B
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DEPARTMENTREPORT: 5A
TO: Honorable Mayor and Members of the City Council
FROM: Timothy R. Jonasson, P.E., Public Works Director/City Engineer
DATE: September 16, 2014
SUBJECT: PUBLIC WORKS DEPARTMENT REPORT FOR JULY AND AUGUST
2014
1. Preliminary data indicates that the storm of September 8 was a 700-year storm in
certain areas of La Quinta. Although numerous streets in the City were closed
due to flooding, by 10:00 p.m. that day most of them had been reopened except
for Eisenhower Drive at Avenue 50 and Avenue 50 between Washington Street
and Park Avenue. Crews worked around the clock to clear sand and debris to
ensure the safety of residents. The damage was extensive and is still being
assessed. The City is retaining private contractors to assist City crews with the
clean-up efforts. The City is also teaming up with Burrtec to locate waste
dumpsters in neighborhoods that suffered flood damage.
2. The strong winds of August 21 impacted over 15 areas within the City.
Maintenance crews responded quickly and efficiently the same day and
continued cleanup efforts for several days thereafter.Over two dozen incidents
were addressed involving blown-over trees, fallen branches, broken sprinklers,
and scattered debris. It was a coordinated effort by City crews, the City’s
landscape contractor, and private landscapers of impacted communities such as
The Tradition.
3. For the month of July, the total for all maintenance expenditures recorded in
GORequest was $99,707.05 with street sweeping, irrigation work, storm drains,
park inspections, debris removal, and street sign repairs being among the
highest tasks in terms of cost. Public Works maintenance workers recorded over
1,500 task hours associated with this work. A detailed breakdown of tasks and
associated costs is presented in the attached pie chart (Attachment 1).
4. For the month of August, the total for all maintenance expenditures recorded in
GORequest was $81,502.41 with street sweeping, debris removal, irrigation
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work, and sign installations being among the highest tasks in terms of cost.
Public Works maintenance workers recorded over 1,400 task hours associated
with this work. A detailed breakdown of tasks and associated costs is presented
in the attached pie chart (Attachment 2).
5. Residents continue to submit Customer Satisfaction Surveys through the
GORequest system. Public Works received seven surveys in the months of July
and August, with residents commenting on staff’s effectiveness relative to
handling reported issues (most rate staff as “superior” and “good”). The surveys
are provided as Attachment 3 and include positive comments such as the one
below:
“You were fabulous! I reported that sticky icky sap on the sidewalk and you
cleaned it within a day or two! So quick! Thank you so much for all your
great work in La Quinta! It shows you take care of our city! Thanks!”
6. The County’s Fred Waring Drive widening project between Adams Street and
Port Maria Road has been completed with the exception of punch list items.
Fred Waring Drive is now three lanes in each direction.
7. The contractor for the La Quinta Wellness Center project is remodeling the
interior of the building, has completed pouring the concrete slab, and is currently
framing the exterior walls of the new addition. The contractor is also coordinating
with Imperial Irrigation District for the removal and replacement of the existing
electrical transformer and panel. The Center is closed and will remain closed for
the remainder of construction. The project is scheduled to be completed by early
2015.
8. The Phase 2 Miscellaneous Public Facilities Americans with Disabilities Act
Improvements Project is complete.
9. The Pavement Management Street Improvements Project was completed and a
final inspection walk-through was conducted on August 26.
10. A contract has been issued for the La Quinta Museum Americans with
Disabilities Act Improvements. A preconstruction meeting took place on
September 4.
11. A contract has been issued for the Fiscal Year 2014/2015 Slurry Seal Project and
a preconstruction meeting will be scheduled for next week.
12. The Coachella Valley Water District’s (CVWD’s) All American Canal Relocation
Project at SilverRock Golf Course was close to completion when it received
major damage during the September 8 storm. Most of the damage occurred on
the west side away from the Palmer Course. CVWD’s contractor is making the
repairs to the damaged sections in addition to completing the remaining work,
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which includes constructing a large retaining wall to protect the canal from future
mountain runoff.
13. The contractor for the SilverRock Golf Course Restoration Project continues to
strip turf, rebuild bunkers, reshape tee and greens areas, and modify irrigation as
needed as a result of the All American Canal Relocation Project. The September
8 storm slowed work this week as much of the new sod was not in place yet to
protect the newly shaped fairways. However, the project is still scheduled to be
completed by early October.
Attachments: 1. Total Maintenance Cost for July 2014 pie chart
2. Total Maintenance Cost for August 2014 pie chart
3. GORequest surveys for July and August 2014
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ATTACHMENT 1
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ATTACHMENT 2
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ATTACHMENT 3
Public Works
Customer Satisfaction Survey Details
07/01/2014 to 08/31/2014
Request: 9550
Survey Entered: 07-09-2014 Request Entered: 07/02/2014 Closed: 07/02/2014 Days Open:
0
Topic: Irrigation/ Weeds/Shrub/Tree Trimming - 1040
Employee: James Lindsey Customer: Elizabeth Panni
Description: Huge broken branch off tree at cul de sac on Carranza. Not sure if it's city problem. tree belongs
to the maint. dept. they trimmed the tree up and did an excellent job.
Reason Closed: completed
Employee Effectiveness: Superior
Response Times: Superior
Employee Courtesy: Superior
Expectations Met: Exceeded
Request: 9592
Survey Entered: 07-14-2014 Request Entered: 07/02/2014 Closed: 07/07/2014 Days Open:
5
Topic: Graffiti Removal (Right-of-Way) - 1071
Employee: James Lindsey Customer: Cindy Klinger
Description: I will paint over if provided paint or told what to use
Reason Closed: completed
Employee Effectiveness: Superior
Response Times: Superior
Employee Courtesy: Superior
Expectations Met: Exceeded
Request: 9819
Survey Entered: 07-29-2014 Request Entered: 07/17/2014 Closed: 07/21/2014 Days Open:
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Topic: Graffiti Removal (Right-of-Way) - 1071
Employee: James Lindsey Customer: Mirna Hernandez
Description: Our security patrol reported to us this afternoon, that someone has marked the wall with graffiti at
the corner of Ave 60th and Monroe Street, please schedule maintenance removal. Thank you,
Mirna Hernandez
Reason Closed: Work done
Employee Effectiveness: Good
Response Times: Good
Employee Courtesy: Good
Expectations Met: Met
Request: 9860
Survey Entered: 07-29-2014 Request Entered: 07/20/2014 Closed: 07/22/2014 Days Open:
2
Topic: Pavement Marking/Legends/Striping - 1002
Employee: James Lindsey Customer: Carol Smith
Description: Hi, I live up in the La Quinta Cove, I was wondering if you could tell me if the the white cement
street signs with street names are the original, and if so, how old are the they? They add to the
charm here in the cove, Thank You Carol
Reason Closed: Returned call to Ms. Smith and informed her that the sign were place by the County prior to 1982.
Employee Effectiveness: Good
Response Times: Good
Employee Courtesy: Good
Expectations Met: Met
Comments: Didn't really know the information that I was interested in, but no big deal, it wasn't anything of
real importance that I needed to know.
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Request: 10121
Survey Entered: 08-08-2014 Request Entered: 07/31/2014 Closed: 08/01/2014 Days Open:
1
Topic: Traffic Signals - 1082
Employee: Kris Gunterson Customer: Mark Woods
Description: For the past couple of weeks the light is red for traffic on ave 50 when there is zero cross traffic.
It use to allow through traffic on ave 50.
Reason Closed: Road construction has remove the vehicle detection on the NB movement. Because of this the
signal is recalling that direction continuously. We do not have a specific date as to when they will
be replacing the vehicle detection. We hope it will be within the next week or so.
Employee Effectiveness: Good
Response Times: Superior
Employee Courtesy: Good
Expectations Met: Met
Comments: The site was user friendly. Like it. The answer I received from my question wasn't detailed
enough. It just said "construction". No defined time line.
Request: 10221
Survey Entered: 08-18-2014 Request Entered: 08/07/2014 Closed: 08/11/2014 Days Open:
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Topic: Irrigation/ Weeds/Shrub/Tree Trimming - 1040
Employee: James Lindsey Customer: Elizabeth Panni
Description: Sprinklers seem stuck ON. Lits of pooling water just at the start of path off Tampico.
Reason Closed: Job done.:Repaired irrigation valve
Employee Effectiveness: Good
Response Times: Good
Employee Courtesy: Good
Expectations Met: Met
Request: 10244
Survey Entered: 08-19-2014 Request Entered: 08/07/2014 Closed: 08/12/2014 Days Open:
5
Topic: Sidewalk Repair/Concrete C&G- 1007
Employee: James Lindsey Customer: Suzanne Carlson
Description: There is sap all over the sidewalk. really sticky and icky.
Reason Closed: Removed sap on the sidewalk
Employee Effectiveness: Superior
Response Times: Superior
Employee Courtesy: Superior
Expectations Met: Exceeded
Comments: You were fabulous! I reported that sticky icky sap on the sidewalk and you cleaned it within a day
or two! So quick! Thank you so much for all your great work in La Quinta! It shows you take care
of our city! Thanks!
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DEPARTMENTREPORT: 5B
TO: Honorable Mayor and Members of the City Council
FROM: Timothy R. Jonasson, P.E., Public Works Director/City Engineer
DATE: September 16, 2014
SUBJECT: CONSTRUCTION COST ESTIMATING FOR CIP PROJECTS
In an effort toward continuous improvement of t
Program (CIP), staff has reviewed 40 pre-bid construction cost estimates (or
) over the past five fiscal years to gauge their accuracy and
how they relate to the overall budget for the project (Attachment 1). While
reviewing these projects, it is important to realize that the goal of estimating
construction costs at the various stages of a CIP project is to keep the project
costs within the adopted project budget. While important for determining probable
costs when a project is advertised for bids, is only one of
several construction cost estimates that are made during the life of a CIP project.
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The delivery of capital projects consists of four major components, which include:
1)Developing the project budget
2)Designing the project
3)Awarding the project
4)Accepting the project
Capital Improvement Program Budgeting
The project budget begins with development of a scope of work. This scope of
work is often defined by either client departments or outside consultants who may
have performed a study for the City. When developing the scope of work, staff
considers such things as the need for additional right-of-way, the level and type of
environmental work required, impacts to existing utilities, and the funding being
used (e.g., local, federal, state).
Soft costs for design and administration of the project are applied once the scope
of work is developed and the cost of construction is estimated for the first time.
Soft costs are typically based on historic averages and include: engineering/design
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(10% of the estimated construction cost); project management costs (7.75% of
the estimated construction cost); right-of-way costs, including utility relocations
(best estimate based on type of project and complexity); inspection, testing and
survey (9.75% of the estimated construction cost); City administration (5% of the
estimated construction cost if permitted by the funding source); and contingency
(typically 10% of the total of all budget items).
Design Phase
The design phase is initiated with the development of a Request for Proposals for
engineering, architectural or other design services. The scope of work is refined
during this step and the project plans, construction details, and project
specifications are prepared along with an estimate of probable construction costs
or . revised at the 65%, 85%, and
100% plan completion submittals. Public Works staff and NAI (the
project management consultant) review these estimates for accuracy based on
similar CIP projects and industry averages. Due to anti-collusion laws, staff and
City consultants are not normally allowed to contact potential bidders to verify
prices directly for publicly bid projects. If the City has not recently constructed a
similar project,
higher contingency is often used.
estimate are complete, the project is advertised for construction bids.
Project Award
Once bids are received and the lowest bidder is identified, staff reviews the low bid
to ensure the contractor meets the minimum required qualifications for the project,
including the appropriate adequate experience on similar
projects. A bid comparison summary is prepared to evaluate the bids against the
checking for errors, pricing irregularities, and compliance with
the bid instructions.
Contractor bids
since contractor prices are often affected by economic factors such as the price of
oil, cement, lumber, etc. While these factors are taken into account by the design
engineer, there is normally at least 60 days between when the estimate is prepared
and when bids are opened during which prices can be affected. The number of
bids received for a project may also affect price, as greater competition enhances
chances for a lower project price. Up to this point, the cost of construction is a
s knowledge of the project as well as
the bidding climate. However, once the project is awarded, the cost of
construction is known since a contractor is now obligated to construct the project
for the bid amount.
Project Acceptance
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A project close-out report is prepared after a project is determined to be
substantially complete. The close-out report considers any contract change orders
issued for unanticipated additional work not included in the plans and specifications
and/or for adjustments necessary to reconcile bid quantities from what was
actually installed by the contractor. Since the engineer must estimate quantities of
work (such as square feet of asphalt, cubic yards of backfill, etc.) before the
project is bid, it is unlikely that the exact same amounts will be used in the field.
End-of-project quantity adjustments reconcile this difference before the final project
cost is determined and the project is recommended for acceptance to the City
Council.
How Close Have the EEstimates Been?
-year analysis,
projects were bid have been within 10% of the low bid 88% of the time with the
average lowest bid being Generally, the
engineer is providing an estimate that is somewhat conservative without
.
The better measure of the overall CIP budgeting process is that 82% of the
projects did not require an appropriation. The ones that did were usually due to
unanticipated utility costs, changes in the project scope, or disqualification of the
low bid whrebid the project. Some of these items
should have been identified by the engineer during design and some could not. The
City has been able to recoup a portion of these appropriations in cases where the
designer was at fault.
How Could the Process Be Improved?
Despite the best of planning, unforeseen circumstances will arise that may cause a
project to go over budget. To help ensure this occurs less frequently in the future,
staff offers the following suggestions:
1)Institute a 20% overall contingency (instead of 10%) at the Capital
Improvement Program scoping/budgeting stage given all of the unknowns at
that stage of the project.
2)Begin the CIP scoping process earlier in the budget preparation cycle in order
to allow engineering staff sufficient time to better examine project proposals
from departments.
3)Institute minimum amounts for project design ($25,000) and contingency
($10,000) since small projects (less than $100,000) tend to have higher
than normal soft costs than larger projects do on a percentage basis.
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4)Institute a 20% construction contingency (instead of 10%) for specialty
projects such as heating ventilation and air conditioner projects, and projects
on school properties.
5)Include a specific line item for utilities in all cost estimates rather than lump
the cost in with construction where it tends to get overlooked.
Attachment: 1. Pre-Bid Construction Cost Estimates Analysis
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