Loading...
2015 03 03 CC BhsxBntmbhk`fdmc`r`mcrs`eeqdonqsr `qdmnvda o`fd9vvv-k`,pthms`-nqf CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 78-495 Calle Tampico, La Quinta REGULAR MEETING ON TUESDAY, MARCH 3, 2015 AT 4:00 PM CALL TO ORDER ROLL CALL: Councilmembers: Franklin, Osborne, Peña, Radi, Mayor Evans CLOSED SESSION - NONE 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`rdbnlokdsd`!qdptdrssnrod`j!enql`mckhlhsxntqbnlldmsrsn sgqddlhmtsdr- 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 1. RECOGNITION OF TEEN COMMUNITY EMERGENCY RESPONDERS TEAM (CERT) CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 1. APPROVE MINUTES OF FEBRUARY 11 AND FEBRUARY 21, 7 2015 CITY COUNCIL AGENDA 1 MARCH 3, 2015 PAGE 2. DENIAL OF CLAIM FOR DAMAGES FILED BY GABRIELLA 13 MONPLAISIR; DATE OF LOSS SEPTEMBER 8, 2014 3. DENIAL OF CLAIM FOR DAMAGES FILED BY MARIA BARBA; 15 DATE OF LOSS SEPTEMBER 8, 2014 4. AUTHORIZE OVERNIGHT TRAVEL FOR DEPUTY CITY MANAGER 17 AND HUMAN RESOURCES MANAGER TO ATTEND CALIFORNIA JOINT POWERS AUTHORITY LEAD2015 EVENT ON MARCH 31, 2015 IN LA PALMA, CALIFORNIA 5. AUTHORIZE CITY MANAGER TO EXECUTE AN AMENDMENT TO 19 A PURCHASE AND SALE AGREEMENT AND MEMORANDUM OF UNDERSTANDING WITH MARVIN INVESTMENTS, INC. FOR SALE AND FUTURE DEVELOPMENT OF CERTAIN PROPERTIES LOCATED IN THE LA QUINTA VILLAGE 6. APPROVE DEMAND REGISTERS DATED FEBRUARY 13 AND 33 FEBRUARY 20, 2015 BUSINESS SESSION 1. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH 51 SIGMANET, INC. FOR INFORMATION TECHNOLOGY SERVICES STUDY SESSION 1. UPDATE ON CRIME TREND AND POLICE SERVICE STUDY 91 RELATING TO COMMUNITY INPUT REPORTS AND INFORMATIONAL ITEMS 1. CVAG COACHELLA VALLEY CONSERVATION COMMISSION (Evans) 2. CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE (Evans) 3. CVAG EXECUTIVE COMMITTEE (Evans) 4. GREATER PALM SPRINGS CONVENTION & VISITORS BUREAU (Evans) 5. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans) 6. COACHELLA VALLEY WATER DISTRICT POLICY COMMITTEE (Evans) 7. SO. CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans) 8. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (Franklin) 9. COACHELLA VALLEY MOUNTAINS CONSERVANCY (Franklin) 10. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (Franklin) CITY COUNCIL AGENDA 2 MARCH 3, 2015 PAGE 11. SUNLINE TRANSIT AGENCY (Franklin) 12. CVAG PUBLIC SAFETY COMMITTEE (Osborne) 13. CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE (Osborne) 14. DESERT SANDS SCHOOL DISTRICT COMMITTEE (Osborne & Franklin) 15. (Osborne) 16. ANIMAL CAMPUS COMMISSION (Pena) 17. CIVIC CENTER ART PURCHASE COMMITTEE (Pena and Radi) 18. COACHELLA VALLEY ECONOMIC PARTNERSHIP (Radi) 19. CVAG TRANSPORTATION COMMITTEE (Radi) 20. LA QUINTA CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE (Radi) 21. HISTORIC PRESERVATION COMMISSION MEETING MINUTES 97 DATED NOVEMBER 20, 2014 DEPARTMENTAL REPORTS 1. CITY MANAGER A.COUNCIL CHAMBER AUDIO, VIDEO, AND CONTROL 99 EQUIPMENT B.RESPONSE TO PUBLIC COMMENTS LA QUINTA MIDDLE 101 SCHOOL C.CITY COUNCIL iPADS 107 2. CITY ATTORNEY 3. CITY CLERK 4. COMMUNITY DEVELOPMENT A.2015 INDIO POLO FIELDS GOLDENVOICE CONCERTS 109 B.DEPARTMENT REPORT 111 5. COMMUNITY SERVICES A.LIBRARY AND MUSEUM QUARTERLY REPORT 115 B.LEADERSHIP INVESTMENT AND KNOWLEDGE SHARING 121 (LINKS) PUBLIC HEARINGS 5:00 P.M. with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project(s). If you challenge a project(s) in court, you may be limited to raising only those issues you or someone else raised at the CITY COUNCIL AGENDA 3 MARCH 3, 2015 public hearing or in written correspondence delivered to the City at, or prior to the public hearing. 1. REQUEST TO TABLE CONTINUED PUBLIC HEARING FOR AN 123 ENVIRONMENTAL ASSESSMENT, A GENERAL PLAN AMENDMENT, CHANGE OF ZONE, SPECIFIC PLAN AMENDMENT, SITE DEVELOPMENT PERMIT AND TENTATIVE TRACT MAP TO ALLOW THE DEVELOPMENT OF 82 SINGLE- FAMILY HOMES ON 20.8 ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF JEFFERSON STREET AND AVENUE 52 FOR BEAZER HOMES ADJOURNMENT ********************************* The next regular meeting of the City Council will be held on March 17, 2015 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, Teresa Thompson, Deputy City Clerk, of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was posted on 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 February 27, 2015. DATED: February 27, 2015 TERESA THOMPSON, Deputy City Clerk City of La Quinta, California 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. CITY COUNCIL AGENDA 4 MARCH 3, 2015 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 5 MARCH 3, 2015 CONSENT:1 SPECIAL CITY COUNCIL MINUTES WEDNESDAY, FEBRUARY 11, 2015 A special meeting of the La Quinta City Council was called to order at 5:30 p.m. by Mayor Evans. PRESENT: Councilmembers Franklin, Osborne, Peña, Radi, Mayor Evans ABSENT: None COMMISSIONERS AND BOARD MEMBERS PRESENT: Architectural and Landscaping Review Board Richard Gray Kevin McCune Community Services Commission Heather Engel Mark Johnson Sharrell Blakeley Paula Simonds Construction Appeals Board Bob Edwards Historic Preservation Commission Kevin Maevers Linda Williams Housing Commission Michele McDonough Sue Liedner Investment Advisory Board Jennifer Donais Katherine Godbey Planning Commission Frank Blum Kathleen Fitzpatrick Robert Wright Robert Wilkinson Philip Bettencourt Mayor Evans led the audience in the pledge of allegiance. SPECIAL CITY COUNCIL MEETING MINUTES 1 February 11, 2015 7 PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA None CLOSED SESSION None CONFIRMATION OF AGENDA Confirmed PRESENTATIONS 1.PRESENTATION REGARDING CITY REVENUES, EXPENDITURES AND SERVICES AND COMMUNITY ENGAGEMENT INITIATIVES, AND CITY COUNCIL, BOARD AND COMMISSION DISCUSSION Mayor Evans stated that this meeting has become a tradition as well as an opportunity for all the commissions/boards to get together. City Manager Spevacek, along with Deputy City Manager Hylton, Community Development Director Johnson, Public Works Director Jonasson, Finance Director Conrad and Assistant to City Manager Escobedo, gave a brief presentation designed to kick off the next phase of community dialogue and ideas. Copies are available in the City C or may be viewed . Presenters restated the Big Rock Priorities from the January 10, 2015 City Council Workshop, which included: Enhance Revenues; how can the City continue to enhance revenue; earn more and be prudent with what it has Undesignated reserve disposition Police services; review service levels, delivery options; conduct survey, rising cost Fees; new, increase, taxes Economic Development; further promote economy in La Quinta Village; entitlements and development; a gem Silverrock Resort; precise plan, Palmer Course resident tee times, clubhouse funding La Quinta Art Festival; location, parking, maintain quality Development standards; reevaluate municipal code, code compliance measures Brand refresh; brand expansion, marketing strategy; social media, contemporary SPECIAL CITY COUNCIL MEETING MINUTES 2 February 11, 2015 8 Infrastructure and Facility Investments; how can City further refurbish and enhance public facilities North communities; parkways and communities; low landscape pallets Storm water; retention, transmission capacity; higher standard Parks and recreation facilities; new, refurbish; needs assessment survey City Manager Spevacek concluded the presentation by asking what role participants want to play in these discussions - to be a bystander or an active participant - and how to enlist more people into the discussion. He added that Council and staff are interested, ready to listen and hope to gain input. Discussion/comments from Commissioners and Board Members included: Reach out efforts: engaging and involving young people by working with Desert Sands Unified School District and going directly to La Quinta High School principals to engage youth; tapping local colleges; expanding City public works youth intern program to all City departments to promote youth development; leadership - developing a student intern program for all boards and commissions; develop City Council youth mentoring program by forming special committees for a precise purpose to identify their roles/mission i.e., north La Quinta; utilizing and expanding social media to youth flash mob with Facebook; placing selfie video kiosk at different locations; utilizing survey monkey; contacting and making council presentations to homeowners associations/management companies, service clubs, church gatherings, youth sports leaders; engage voters; continue and promote community relationship building; planning commission strive to be development friendly in review of projects/excited about development department changes; economic standpoint streamline processes fast track options; noted that California is difficult with California Environmental Quality Act and litigation; revive energy commission and seek out/utilize community member assets define purpose, prioritize then for these individuals based on their skill set; business mentoring Coachella Valley Economic Partnership in the east valley; repurposing buildings and certain areas; one million budget for Capital Improvement Projects must be improved. Must look at new revenue sources; sales tax increase and selling the need to the community; City Council taking he road and tell the La Quinta story; need to start discussion now on revenue measure; educate the voters; forming committees with a specific role; revisit and engage north La Quinta residents to help fund and generate revenue in some capacity; maintaining quality of life; identifying what development standards are important to the City. WRITTEN COMMUNICATIONS None SPECIAL CITY COUNCIL MEETING MINUTES 3 February 11, 2015 9 APPROVAL OF MINUTES None CONSENT CALENDAR None BUSINESS SESSION None STUDY SESSION None REPORTS AND INFORMATIONAL ITEMS None DEPARTMENT REPORTS None Councilmembers expressed appreciation to all participants for their involvement, input and service to the City. There was a consensus that joint/discussion meetings should be held more often. Mayor Evans stated that the City is soliciting nominations for the Pillars of the Community and that the nomination form is available on the City website. She announced that the next Mayor and Council walk will be held on Saturday, February 21 at 8:00 a.m., starting at La Quinta Park and added that over 500 memberships were sold for the Wellness Center. The Mayor also issued a reminder that Black History month events will be at the Library and the La Quinta Arts Festival will be held March 5-8, 2015. PUBLIC HEARINGS None ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Osborne/Peña to adjourn at 7:30 p.m. Motion passed unanimously. Respectfully submitted, Teresa Thompson, Deputy City Clerk City of La Quinta, California SPECIAL CITY COUNCIL MEETING MINUTES 4 February 11, 2015 10 CITY COUNCIL MINUTES Saturday, February 21, 2015 A special meeting of the La Quinta City Council was called to order at 8:06 a.m. by Mayor Evans at La Quinta Park. PRESENT: Councilmembers Osborne, Radi, Mayor Evans ABSENT: Councilmembers Franklin and Peña ANNOUNCEMENTS Mayor Evans stated that the purpose of the meeting was to interact with residents in an informal setting, while promoting health and wellness by walking. The group of 16 people would walk for two miles, with the opportunity to view landscaping of parks, perimeters, infrastructure and open dialogue about any items the attendees were interested in discussing. Golf, Parks & Facilities Manager Steve Howlett provided a demonstration of the Go Request app, and the group submitted a safety concern over an uneven sidewalk, probably damaged by tree roots. STUDY SESSION Topics covered during the walk ʹ Carry trash bags on the next walk to help keep La Quinta clean. Replacing landscaping on perimeters with more drought tolerant, low maintenance choices. Stump removal where several trees were chopped, but stumps remained. Utility boxes - more artwork needed. Indio Mayor Ramos stated that Indio wraps their boxes instead of painting them as it's more affordable and easier to maintain. Indio funds the wrap under their Art in Public Places program. Council may wish to direct the Community Services Commission to explore this option. A community center in north La Quinta at Dune Palms Road and Blackhawk Way was discussed including exploring the potential of a public-private partnership option. Ways to fund landscaping improvements in the north La Quinta corridors. Website upgrades and content. ADJOURNMENT There being no further business, a motion was made and seconded by Radi/Osborne to adjourn the meeting at 9:25 a.m. Respectfully submitted, LINDA EVANS, Mayor CITY COUNCIL MINUTES 1 February 21, 2015 11 12 2 13 14 3 15 16 4 17 18 March 3, 2015 CITY / SA / HA / FA MEETING DATE: AGENDA CATEGORY: AUTHORIZE CITY MANAGER TO EXECUTE ITEM TITLE: BUSINESS SESSION: AN AMENDMENT TO PURCHASE AND SALE AGREEMENT AND MEMORANDUM OF CONSENT CALENDAR: 5 UNDERSTANDING WITH MARVIN INVESTMENTS, INC. FOR SALE AND FUTURE DEVELOPMENT OF STUDY SESSION: CERTAIN PROPERTIES LOCATED IN THE LA QUINTA PUBLIC HEARING: VILLAGE RECOMMENDED ACTION: Authorize the City Manager to execute an amendment to a purchase and sale agreement and memorandum of understanding with MarvinInvestments, Inc. for the sale and future development of approximately three acres of vacant land within the La Quinta Village. EXECUTIVE SUMMARY: The City purchased properties in March 2011 for the purpose of enhancing the Village by combining many smaller parcels into larger parcels that may accommodate the desired development. The City entered into a purchase and sale agreement (Agreement) with Marvin Investments, Inc. in January 2014 for 3.4 acres of these properties. The purchase offer included a development proposal that envisions mixed-use, residential, office and retail development. Site design work for the subject property has resulted in the need to amend the existing Agreement and establish a memorandum of understanding (Amendment). The Amendment addresses off-site retention on adjacent City- owned property, commitment to certain parking improvements, and a revised performance schedule. FISCAL IMPACT: The Amendment slightly reduces the amount of acreage Marvin Investments, Inc. would acquire, resulting in a land sale income reduction of $225,000 from the original $1,900,305 (to $1,675,305). However, the Amendment facilitates a 19 parking in-lieu payment of $370,000 for certain parking improvements to be made on adjacent City-owned property. BACKGROUND/ANALYSIS: Mr. Wells Marvin of Marvin Investments, Inc. approached staff in May 2013 expressing interest in purchasing two City-owned Village properties west of the Library and Wellness Center. He presented a development proposal that represents a mixed-use development of retail and multi-family residential. The Agreement was established in January 2014, which identified the purchase price for the subject property, generally described the proposed development and provided a performance schedule. Over the past year, Mr. Marvin has been working on site and architectural design for the project. Last July he approached staff with a proposal to utilize a landscape area west of the Wellness Center for stormwater retention serving his project. Subsequent discussion included expansion and renovation of the existing Library parking lot to serve the Library as well as a portion of Mr. Marvin’s project. This has resulted in an 18,000 square-foot reduction in property Marvin Investments, Inc. will acquire and a commitment for a parking in-lieu payment to be made to the City in the amount of $370,000. The Amendment represents the aforementioned items and also includes a revision to the performance schedule. The updated schedule provides greater definition of key steps in the entitlement and acquisition process. In addition, the schedule also represents the project in two phases of development versus the original plan for three phases. Though certain time periods have changed and the number of phases has been reduced, the overall time period of six years represented in the original Agreement is represented in the Amendment. ALTERNATIVES: The Amendment incorporates the revised terms and conditions that the City and Marvin Investments have agreed upon. Thus, staff does not recommend any alternatives. Council may elect to not enter into an Amendment or provide direction to staff regarding any changes to the terms of the purchase and sale agreement. Report prepared by: Les Johnson, Community Development Director Report approved for submission by: Frank J. Spevacek, City Manager Attachment: 1. Amendment to a Purchase and Sale Agreement and Memorandum of Understanding 20 AMENDMENT TO PURCHASE AND SALE AGREEMENT AND MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND MARVIN INVESTMENTS, INC. This Amendment to Purchase and Sale Agreement and Memorandum of Understanding (the “Amendment & MOU”) is made by and between the CITY OF LA QUINTA, a municipal corporation and charter city (“Seller”), and MARVIN INVESTMENTS, INC., a California corporation (“Buyer”) as of ___________________, 2015 (“Amendment Effective Date”). Seller and Buyer may sometimes be referred to collectively as the “Parties” or individually as a “Party.” RECITALS WHEREAS , the Seller and Buyer entered into that certain Agreement for Purchase and Sale and Escrow Instructions, dated January 6, 2014 (“Purchase/Sale Agreement” and, together with this Amendment & MOU, the “Agreement”), for unimproved real property owned by the Seller located in the “Village” area of the City of La Quinta, County of Riverside, State of California, commonly identified as Assessor’s Parcel Numbers (APNs) 770-123-011 and 770- “ 120-010 (referred to in the Purchase/Sale Agreement as the Property” and referred to in this Amendment & MOU as “Existing City Property”); and WHEREAS, Buyer and Seller negotiated a purchase price of $12.50 per gross square foot of land area as set forth in the Purchase/Sale Agreement. Buyer has expressed a conceptual mixed use development. As originally contemplated in the Purchase/Sale Agreement, the concept generally consisted of (i) first floor retail space located in multiple buildings, (ii) multi-family residential units located above the first floor retail space, (iii) surface level parking lots, and (iv) an independent building containing multi-family residential units with underground parking; as of the date of this Amendment & MOU, the conceptual mixed use development generally may consist of the foregoing uses (the mixed use development concept as of the date of this Amendment & MOU is referred to as the “Mixed Use Concept”); and WHEREAS , Buyer and Seller initially intended to have the entire Existing City Property conveyed to Buyer in three (3) phases, but now desire to amend the Purchase/Sale Agreement so that the Existing City Property excluding that portion that constitutes the Library Parking Lot Parcel (as defined herein) will be conveyed in two (2) phases (each described individually as “Phase One” or “Phase Two” and collectively “Phases”) as more particularly set forth in this Amendment & MOU; and WHEREAS , the Seller and Buyer agree to enter this Amendment & MOU to amend other provisions of the Purchase/Sale Agreement, as more particularly set forth herein, and for the mutual benefit of the Parties and to memorialize their understanding with respect to the subject matter contained herein and to set forth the terms of their respective obligations. 698/015610-0002 7921000.5 a02/25/15 21 AMENDMENT & MEMORANDUM OF UNDERSTANDING NOW, THEREFORE, in consideration of the mutual promises, obligations and covenants set forth herein, and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1.0 INCORPORATION OF RECITALS; DEFINED TERMS . The foregoing recitals are true and correct and are hereby incorporated herein by this reference and expressly made a part of this Amendment & MOU. Except as modified or defined in this Amendment & MOU, capitalized terms shall have the same meaning set forth in the Purchase/Sale Agreement. 2.0 PROPERTY TO BE PURCHASED AND PROJECT . 2.1 Notwithstanding any provision in the Purchase/Sale Agreement to the contrary, the “Property” to be conveyed by Seller and acquired by Buyer shall be the Existing City Property (as defined in this Amendment & MOU) less the “Library Parking Lot Parcel” as described in Article 5 of this Amendment & MOU. The term “Property” as used in the Purchase/Sale Agreement, this Amendment & MOU, and any escrow instructions and other implementing documents for the purchase and sale for the subject real property shall be as defined in this Section 2.0 of the Amendment & MOU unless redefined by future amendment to the Agreement. 2.2 Notwithstanding any provision in the Purchase/Sale Agreement to the contrary, the term “Project” as used in the Purchase/Sale Agreement, this Amendment & MOU, and any escrow instructions and other implementing documents for the purchase and sale for the subject real property, shall mean the following: (a) until such date as the SP/Entitlements Application (as defined in Section 4.2 below) has been submitted by Buyer to Seller, “Project” shall mean the Mixed Use Concept described in the Second Recital of this Amendment & MOU; (b) commencing on the date Buyer submits to Seller the SP/Entitlements Application until the date of approval by Seller (if approved) of the SP/Entitlements Application in accordance with applicable law, “Project” shall mean the development submitted by Buyer as part of the SP/Entitlements Application; and (c) on and after the date of approval by Seller (if approved) of the SP/Entitlements Application in accordance with applicable law, “Project” shall mean the development approved by Seller, in accordance with applicable law, as part of the Specific Plan and Entitlements with conditions reasonably acceptable to Buyer that must be satisfied as one of Buyer’s Conditions to Closing (as provided in Section 8.1(a) of the Purchase/Sale Agreement). Neither the Purchase/Sale Agreement nor this Amendment & MOU shall be construed or interpreted that either Buyer or Seller has committed the development of the Mixed Use Concept as described in the Recitals of the Purchase/Sale Agreement and this Amendment & MOU. 3.0 PHASES OF PURCHASE OF THE PROPERTY. Notwithstanding any provisions in the Purchase/Sale Agreement to the contrary, Seller’s conveyance of the Property, and Buyer’s acquisition of the Property, shall be completed in two (2) Phases instead of three (3) Phases; provided, however, in no event shall the closing of a Phase occur, if at 698/015610-0002 -2- 7921000.5 a02/25/15 22 all, later than the date that is three (3) years after the Effective Date, for the first Phase, and six (6 years after the Effective Date for Phase 2 ("Outside Closing Date"). A portion of the Total Purchase Price shall be paid in connection with each Phase (each such portion, a “Phase Purchase Price”) pursuant to the terms and conditions in the Purchase/Sale Agreement as applicable for each Phase. 4.0 REVISED SCHEDULE FOR SPECIFIC PLAN AND ENTITLEMENTS . Notwithstanding any provisions in Section 2.3 of the Purchase/Sale Agreement to the contrary, Buyer and Seller agree as follows: 4.1 The Due Diligence Period, as defined in Section 2 of the Purchase/Sale Agreement, has expired. 4.2 Except for permit and entitlement applications otherwise identified in this Article 4 of this Amendment & MOU, Buyer shall submit to Seller a complete application for the Specific Plan and Entitlements as defined in Section 2.3 of the Purchase/Sale Agreement (“SP/Entitlements Application”) on or before March 15, 2015. 4.3 Seller shall complete or cause to be completed the review of the SP/Entitlements Application, and shall issue all permits that are approved by Seller in accordance with law that have been sought in connection with the SP/Entitlements Application (and that fall within the Seller’s jurisdiction), within 120 days of the date that the SP/Entitlements Application is deemed complete by Seller or by operation of law. 4.4 Buyer shall deliver written notice to Seller of Buyer’s approval or disapproval, in its sole discretion, of the Specific Plan and Entitlements as approved by Seller pursuant to Section 4.3 above within 30 days after Seller’s approval of the SP/Entitlements Application. Buyer’s failure to deliver such written notice shall be deemed Seller’s approval of the Specific Plan and Entitlements and conditions of approval issued in connection therewith. If Buyer (i) delivers such written notice to Seller of its election to terminate this Agreement, or (ii) disapproves the Specific Plan and Entitlements and conditions of approval issued in connection therewith, the Agreement shall terminate, Escrow Holder shall disburse to Buyer the Earnest Money Deposit for the Phase One, and the parties shall have no further rights and obligations to one another, except for Buyer’s indemnification obligations set forth in the Agreement and any other obligations that expressly survive termination of the Agreement. The square footage of each Parcel comprising the Property shall be determined through the Specific Plan and Entitlements process. 4.5 A building permit application (“BP Application”) together with Grading and hydrology plans (“Grading/Hydrology Plans”) for Phase One shall be submitted by Buyer to Seller within 180 days of Seller’s approval of the SP/Entitlements Application pursuant to Section 4.3 above. 4.6 Issuance of a building permit by Seller to Buyer for Phase One shall occur within 100 days of the BP Application for Phase One being deemed complete by Seller 698/015610-0002 -3- 7921000.5 a02/25/15 23 or by operation of law, subject to issuance being in accordance with applicable law. 4.7 Close of Escrow (as defined in Section 4.1 of the Purchase/Sale Agreement) for Phase One shall occur on the same date as issuance of the building permit for Phase One pursuant to Section 4.6 above. 4.8 Buyers shall submit to Seller an application (the “Phase Two Entitlements Application”) for any and all use permits, variances, further subdivision maps, and any other discretionary approvals and entitlements from Seller that are necessary or proper for the development of Phase Two, which have not already been issued (or have expired) as part of the Specific Plan and Entitlements approved pursuant to Sections 4.2 through 4.4 of this Amendment & MOU (the “Phase Two Entitlements”), together with Grading/Hydrology Plans for Phase Two within 120 days of the Close of Escrow for Phase One. 4.9 The process for reviewing and approving, for both Buyer and Seller, the Phase Two Entitlements Application and Phase Two Entitlements shall follow the same schedule set forth in Sections 4.3 and 4.4 above that applied to the SP/Entitlements Application. 4.10 A BP Application for Phase Two shall be submitted by Buyer to Seller within 120 days of Seller’s approval of the Phase Two Entitlements Application. 4.11 Issuance of a building permit by Seller to Buyer for Phase Two shall occur within 100 days of the BP Application for Phase Two being deemed complete by Seller or by operation of law, subject to issuance being in accordance with applicable law. 4.12 Close of Escrow (as defined in Section 4.1 of the Purchase/Sale Agreement) for Phase Two shall occur on the same date as issuance of the building permit for Phase Two. 4.13 The Specific Plan and Entitlements shall still designate and result in the subdivision of the Property with a legally separate parcel known as the “Library Parking Lot Parcel,” but the Library Parking Lot Parcel shall be governed pursuant to Article 5 of this Amendment & MOU. 5.0 Library Parking Lot Parcel . Notwithstanding any provisions in the Purchase/Sale Agreement to the contrary, Buyer and Seller agree as follows: 5.1 The “Library Parking Lot Parcel” shall be a portion of the Existing City Property consisting of approximately 18,000 gross square feet located immediately adjacent to the La Quinta Library and Wellness Center. The Library Parking Lot Parcel shall have approximately fifty-two (52) total standard vehicle parking spaces. 5.2 Seller shall retain ownership of the Library Parking Lot Parcel. 698/015610-0002 -4- 7921000.5 a02/25/15 24 5.3 The “Total Purchase Price” as defined in Section 1.1 of the Purchase/Sale Agreement shall be reduced by the amount of the Total Purchase Price that would have been attributable to the Library Parking Lot Parcel. In explanation of the foregoing, the Total Purchase Price shall be calculated at $12.50 per gross square foot of the Existing City Property conveyed by Seller and acquired by Buyer; because the Library Parking Lot Parcel constitutes approximately 18,000 gross square feet, the Total Purchase Price that Buyer must pay to Seller shall be reduced by approximately $225,000 ($12.50 x 18,000sq.ft.). 5.4 City shall design and construct or cause the design and completion of construction of the surface parking lot that will be located on the Library Parking Lot Parcel similar to the preliminary site plan prepared by Coachella Valley Engineers (July 2014), which site plan as it relates to the construction of the surface parking lot on the Library Parking Lot Parcel is attached to this Amendment & MOU as Exhibit “A” and incorporated by reference in this Amendment & MOU. 5.5 No later than issuance of the building permit for Phase Two as set forth in Article 4 above, Buyer shall pay to City Three Hundred Seventy Thousand Dollars ($370,000) (the “Parking In-Lieu Fee”), which constitutes payment by Buyer to Seller for the City of La Quinta’s in-lieu parking fee program. City shall use the Parking In-Lieu Fee for the design and construction of the surface parking lot on the Library Parking Lot Parcel. 5.6 Provided Buyer pays the Parking In-Lieu Fee pursuant to this Amendment & MOU, Seller and Seller’s successors in interest shall have access to and a right to use, on a first come/first serve basis, no less than thirty-seven (37) standard vehicle parking spaces on the Library Parking Lot Parcel for uses consistent with those uses proposed by Buyer and approved by Seller as part of the Specific Plan and Entitlements and any other applicable approvals from the Seller for the use of the Property. 5.7 No later than the Close of Escrow for Phase Two, Buyer and Seller shall negotiate and execute an easement deed or other recordable document in a form acceptable to the La Quinta City Attorney that provides members of the public with the right, in perpetuity to access and use the parking stalls located on the Library Parking Lot Parcel in accordance with reasonable rules and regulations posted by Buyer and applicable thereto, allows for Seller and Seller’s successors in interest to have access to and a right to use, on a first come/first serve basis, thirty-seven (37) standard vehicle parking spaces pursuant to Section 5.6 above, and provides for the payment of ordinary maintenance fees by Buyer or Buyer’s successor and assigns for the authorized uses of the Library Parking Lot Parcel (the “Parking Deed”). The “Parking Deed” as referred to in Section 4.2.1 of the Purchase/Sale Agreement shall be amended to be defined as set forth in this Amendment & MOU. 698/015610-0002 -5- 7921000.5 a02/25/15 25 6.0 WATER RETENTION BASIN. 6.1 Buyer acknowledges and agrees that Seller has represented and warranted that Seller owns unimproved real property located at the corner of Main Street and Avenida La Fonda, commonly identified as Assessor’s Parcel Number 770-123- 012 (the “City-Owned Retention Property”), and located adjacent to the Property. The City-Owned Retention Property shall not be conveyed to Buyer. Seller shall allow Buyer to design and construct or cause the design and completion of construction of a water retention basin (“Retention Basin”) to receive storm water from the Project and the Library Parking Lot Parcel. 6.2 The Retention Basin shall be approximately three (3) to four (4) feet deep and shall be sloped to allow easy egress and ingress for pedestrians and pets in order to maintain this area as open space. The trees currently located on the site of the Retention Basin shall be stockpiled and re-installed after the Retention Basin in completed. The Retention Basin site shall either be returned to a lawn landscape or a less water intensive landscape in compliance with current Seller and Coachella Valley Water District standards. 6.3 Buyer shall have the obligation to pay all costs incurred by Buyer for the design and construction of the Retention Basin. Buyer shall complete or cause the completion of the Retention Basis no later than the Close of Escrow for Phase Two. Seller shall have the obligation to pay ongoing maintenance and operations costs for the Retention Basin upon completion of construction. 7.0 TRAFFIC TABLE. Seller, at its expense, shall install one “traffic table” with enhanced pavers as a crosswalk on Main Street to achieve the Seller’s stated goals of a connected Civic Center campus with the Main Street shops and Old Town La Quinta. The traffic table shall be installed in substantially the same form and at the location indicated by Exhibit “B” incorporated into this Amendment & MOU by reference (the “Traffic Table”). Seller shall complete or cause the completion of the Traffic Table no later than the Close of Escrow for Phase Two. Seller shall have the obligation to pay ongoing maintenance and operations costs for the Traffic Table upon completion of construction. 8.0 RIGHT OF WAY PARCEL . Notwithstanding any provisions in the Purchase/Sale Agreement, Buyer and Seller agree that the Property shall include a portion of the public right of way identified on Exhibit C attached hereto (the “Right of Way Parcel”). Seller shall abandon/convey the Right of Way Parcel to Buyer and the “Total Purchase Price” as defined in Section 1.1 of the Purchase/Sale Agreement shall be increased by an amount equal to $12,50 per gross square foot of area contained within the Right of Way Parcel. 9.0 FURTHER ACTIONS. Each Party agrees to take such actions, and to execute such certificates, documents, and other instruments, including those in recordable form, as may be necessary or appropriate to give effect to and carry out the provisions of this Amendment & MOU. Without limiting the foregoing, Buyer shall cooperate with Seller and furnish such information as may be reasonably requested by Seller to facilitate the processing of any permit necessary to construct the Project, Retention Basin, and other 698/015610-0002 -6- 7921000.5 a02/25/15 26 improvements contemplated by this Amendment & MOU and the Purchase/Sale Agreement. 10.0 INTEGRATION; INCORPORATION OF PURCHASE/SALE AGREEMENT. This Amendment & MOU and the Purchase/Sale Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Buyer and Seller with respect to the subject matter hereof. The terms and conditions in the Purchase/Sale Agreement, as modified by this Amendment & MOU, remain in full force and effect. 11.0 AMENDMENT. This Amendment & MOU may not be amended, modified, or expanded except by a written instrument signed by the Party to be charged with complying with that amendment, modification, or expansion. 12.0 COMPLIANCE WITH LAWS . Buyer shall comply with any and all applicable laws concerning the use and development of the Property, including but not limited to any prevailing wage laws or environmental remediation laws. Buyer expressly acknowledges and agrees that the Seller has not represented to Buyer in writing or otherwise that the acquisition of the Property or the development and construction of the Project or the Property, or any component thereof, is not a public work as defined under California law. 13.0 DISCRETIONARY APPROVAL REQUIRED. The Parties expressly acknowledge that the Project must be reviewed by Seller in its governmental capacity. Nothing contained in this Amendment & MOU shall be construed to mean that Seller is agreeing or has agreed to exercise its discretionary authority in support of any approvals or entitlements that may be required to construct the Project that must be approved by the City Council, Planning Commission, or any other commission or City person or entity with discretionary approval authority pursuant to applicable law. 14.0 MUTUAL INDEMNIFICATION. Each Party shall indemnify, hold harmless and defend the other Party, and any of its officials, officers, employees or agents, from any and all claims, liabilities, obligations and causes of action based on an alleged or actual violation of this Amendment & MOU or for injury to, or death of, any person (including officials, officers, invitees, employees, and agents of the Seller and Buyer), and for injury or damage to or destruction of property (including property of either Party), resulting from any and all negligent actions or willful misconduct of the indemnifying Party or any of its officials, officers, employees, agents, consultants, and licensees in the performance of its duties or obligations under this MOU. 15.0 ASSIGNMENT. Buyer shall not assign its interest in this Amendment & MOU, or any portion hereof, without the prior written consent of the Seller, which consent may be granted or withheld in the Seller’s sole discretion. Any purported attempt to make such an assignment without the prior consent of the Seller shall be null and void and of no effect. 16.0 INTERPRETATION. This Amendment & MOU is deemed to have been prepared by all of the Parties hereto, after consulting with legal counsel, and any uncertainty or ambiguity herein shall not be interpreted against the drafter, but rather, if such ambiguity 698/015610-0002 -7- 7921000.5 a02/25/15 27 or uncertainty exists, shall be interpreted according to the applicable rules of interpretation of contracts under the law of the State of California. 17.0 AUTHORITY. The persons signing this Amendment & MOU warrant that each of them has the authority to execute this Amendment & MOU on behalf of the party on whose behalf said person is purporting to execute this Amendment & MOU, and that this Amendment & MOU is a binding obligation of said Parties. 18.0 SEVERABILITY. In the event that any provisions of this Amendment & MOU shall be held by a court of competent jurisdiction to be invalid or unenforceable, the same shall not affect, in any respect whatsoever, the validity of the remainder of this Amendment & MOU. 19.0 WAIVER. No waiver or consent shall be implied from silence or any failure of a Party to act, except as otherwise specified by this Amendment & MOU. Either Party may specifically and expressly waive, in writing, any portion of this Amendment & MOU or any breach hereof, but no such waiver shall constitute a further or continuing waiver of any proceeding or succeeding breach of the same or any other provision. 20.0 COUNTERPARTS. This Amendment & MOU may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together, stall constitute one and the same instrument.The signature page of any counterpart may be detached therefrom without impairing the legal affect of the signature(s) thereon, provided such signature page is attached to any other counterpart identical thereto. — SIGNATURES BEGIN ON NEXT PAGE — 698/015610-0002 -8- 7921000.5 a02/25/15 28 29 Exhibit “A” Coachella Valley Engineers (July 2014) \[attached\] 698/015610-0002 -10- 7921000.5 a02/25/15 30 Exhibit “B” \[Insert exhibit detailing location/improvements for traffic table\] 698/015610-0002 -11- 7921000.5 a02/25/15 31 32 March 3, 2015 AGENDA CATEGORY: CITY / SA / HA / FA MEETING DATE: APPROVEDEMAND REGISTERS DATED ITEM TITLE: BUSINESS SESSION: FEBRUARY 13 AND FEBRUARY 20, 2015 CONSENT CALENDAR: 6 STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Approve Demand Registers dated February 13 and February 20, 2015. EXECUTIVE SUMMARY: None. FISCAL IMPACT: Demand of Cash: -- City $ 1,445,939.72 -- Successor Agency of RDA $ 1,047.00 -- Housing Authority $ 0.00 -- Housing Authority Commission $ 0.00 $ 1,446,986.72 BACKGROUND/ANALYSIS: Between City Council meetings, routine bills and payroll must be paid in order to avoid late fees/penalties. Attachment 1 provides the detail for the weekly demand registers from February 7 through February 20, 2015. Warrants Issued: 105997 - 106070} $ 510,977.47 106071 - 106164} $ 459,726.99 Voids} $ (00.00) Wire Transfers} $ 289,667.99 Payroll Deposits} $ 149,889.89 Payroll Tax Transfers} $ 36,724.38 $ 1,446,986.72 33 The most significant expenditures on the demand registers listed above are as follows: Significant Expenditures: Vendor: Account Name: Amount: Purpose: CVAG TUMF Payable $ 323,838.12 Jan. TUMF Fee Hayward Tilton & Rolapp Various $ 95,976.00 Earthquake/Flood - CV Conservation Mitigation Fee $ 88,083.07 Jan. Mitigation Fee rd Costco Contribution $ 72,634.34 3 Quarter Sales Tax Wire Transfers: Six wire transfers totaled $289,667.99. Of this amount, $237,334.53 was to Landmark for golf course management and $45,304.17 to CalPERS for retirement costs (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 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 1 51 52 53 54 ATTACHMENT1 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 1 91 92 ATTACHMENT1 78495 Calle Tampico 201 San Antonio Circle, Suite 148 La Quinta, CA 92253 Mountain View, CA 94040 v.650.858.0507 f.650.917.2310 The City of La Quinta has retained the Matrix Consulting Group to conduct a crime trend and police services study for the City. This study is a comprehensive evaluation of the service provided by the La Quinta Police Department. This questionnaire has been developed to provide residents of the City with an opportunity to have input into the study. Please take advantage of this opportunity to provide your views on Police Services in your community. In reviewing this survey, please note that it is anonymous – there are no identifiers. The results will be reviewed and tabulated only by our firm. If you have any questions about completing the survey, please feel free to contact our project manager, Richard Brady, at 650.858.0507 or via e-mail at rbrady@matrixcg.net. Please complete your survey by Monday, March 9, 2015. While the survey is confidential we would like to know: ________ How long (in whole years) have you lived in La Quinta I live in a gated community (Y/N) __________ I live in “The Cove” residential area (Y/N) __________ During the past year have you had any contact with Police staff in La Quinta? (Y/N) ____ Was the contact in the past year relating to a traffic offense? (Y/N) _____ Please evaluate each of the statements, below. If you have no opinion, check “No Response.” NoStrongly Strongly Agree Neutral Disagree Response Agree Disagree 1. I feel safe in my daily activities in O O O O O O the City. 2. I feel safe in the neighborhood O O O O O O where I live. 3. The La Quinta PD provides high levels of law enforcement O O O O O O services to the La Quinta community. Page 1 93 NoStrongly Strongly Agree Neutral Disagree Response Agree Disagree 4. The level of law enforcement provided by the La Quinta PD O O O O O O improves the quality of life in La Quinta. 5. Residents and merchants have a O O O O O O high opinion of the work done by La Quinta PD. 6. La Quinta PD staff are responsive O O O O O O to our law enforcement needs. 7. The La Quinta PD does a good O O O O O O job anticipating and responding to service needs. 8. La Quinta PD staff effectively O O O O O O communicate with the community. 9. I am aware of crime prevention information and programs offered O O O O O O to La Quinta residents and businesses. 10. Crime prevention programs in La O O O O O O Quinta are effective. 11. Deputies are prompt in responding to complaints and O O O O O O problems made by residents and those working in the City. 12. Answer only if you have had contact with LQPD staff: I have had contact with the LQPD in the O O O O O O last year and appropriate action and/or follow-up was completed on my incident or issue. 13. Deputies are approachable / easy O O O O O O to talk to. 14. Contract law enforcement is cost O O O O O O effective for our City. 15. Is there a particular kind of crime or service need in La Quinta that concerns you? (check all that apply) Violent Crime Burglary (home, business) Theft from Vehicles Traffic Accidents Graffiti Speeding on residential streets Other: Page 2 94 16. Please use this space to provide additional explanation to any question: Community Focus Group Information The City and Matrix Consulting Group will be conducting several community focus groups for residents and businesses to attend and provide their opinions as part of the community input phase of this study. th The focus groups will be held the week of March 9. If you would like to participate in a focus group please contact the Matrix Consulting Group at 650.858.0507 or e-mail you name, address, phone number th tobzuniga@matrixcg.net. You will be contacted before March 6 with the focus group meeting information. Thank you for completing this survey. Page 3 95 96 REPORTSANDINFORMATIONALITEM:21 97 98 DEPARTMENTREPORT:1A 99 100 1B 101 102 ATTACHMENT1 Desert Sands Unified School District 47- (760) 777-4200 FAX: (760) 771-8505 BOARD OF EDUCATION: Michael Duran, Donald B. Griffith, Wendy Jonathan, Matteo Monica III, Gary Tomak SUPERINTENDENT: Dr. Gary Rutherford 103 104 105 106 1C 107 108 4A 109 110 DEPARTMENTREPORT:4B CDD CDD OMMUNITYEVELOPMENTEPARTMENT OMMUNITYEVELOPMENTEPARTMENT P C ERMITENTER 111 CityÔs goals and policies. Planning Activity—Major Projects 56% 112 ANIMAL CONTROL ACTIVITY ( CODE COMPLIANCE ACTIVITY 113 114 DEPARTMENTREPORT:5A 115 116 117 118 119 120 DEPARTMENTREPORT:5B 121 122 March 3, 2015 CITY / SA/ HA/ FA MEETING DATE: : TABLE CONTINUED PUBLIC HEARING ITEM TITLE FOR ANENVIRONMENTAL ASSESSMENT, A AGENDA CATEGORY: GENERAL PLAN AMENDMENT, ZONE CHANGE, BUSINESS SESSION: SPECIFIC PLAN AMENDMENT, SITE DEVELOPMENT PERMIT AND TENTATIVE TRACT MAP TO ALLOW CONSENT CALENDAR: THE DEVELOPMENT OF 82 SINGLE-FAMILY HOMES ON 20.8 ACRES OF LAND LOCATED AT THE STUDY SESSION: NORTHWEST CORNER OF JEFFERSON STREET AND PUBLIC HEARING: 1 AVENUE 52 FOR BEAZER HOMES RECOMMENDED ACTION: Table the continued public hearing for an Environmental Assessment, General Plan Amendment, Zone Change, Specific Plan Amendment, Site Development Permit and Tentative Tract Map to allow the development of 82 single-family homes on 20.8 acres of land located at the northwest corner of Jefferson Street and Avenue 52 for Beazer Homes. EXECUTIVE SUMMARY: The City Council originally heard the above items at a public hearing on January 6, 2015. The public hearing was then continued to March 3, 2015, to allow the applicant time to modify their design to address City Council concerns. The applicant has pursued design changes but has not yet submitted revised materials. Therefore, a request has been made to table the items to allow for resubmittal and review of the design changes. FISCAL IMPACT: None. BACKGROUND/ANALYSIS: Beazer Homes has applied for a series of approvals to allow the construction of 82 single-family homes on 20.8 acres at the northwest corner of Avenue 52 and 123 Jefferson Street. These include an Environmental Assessment 2014-638,a General Plan Amendment 2014-127 from Medium/High Density Residential to Low Density Residential; a Zone Change 2014-145 fromMediumHigh Density Residential to Low Density Residential; a Specific Plan2003-069, Amendment No. 1, for the project development standards; a Site Development Permit 2014-942, and a Tentative Tract Map 36762 for the establishment of the proposed single- family lots. At its meeting of January 6, 2015, the City Council opened the public hearing and heard testimony regarding these applications. City Council asked a number of questions of the applicant, and expressed several concerns regarding the applications. The applicant expressed that they would like time to review these concerns and consider amendments to the project to address them. The City Council ultimately moved to continue the public hearing to March 3, 2015, to allow the applicant time to consider their concerns and prepare changes. Since the January meeting, the applicant has made design changes to the site layout and the architecture of the homes. These changes have been presented to City staff and individual members of the City Council. At these meetings, the applicant requested input and recommendations on the proposed changes and has repeatedly changed the design to address concerns. The applicant continues to reach out to staff and Council members, but is not yet ready to resubmit materials for review by the City. As a result, the applicant submitted a letter (Attachment 1) requesting the opportunity to update the City Council at the meeting of March 3, and then tabling the applications to allow time for resubmittal and internal review of the resubmitted materials. Staff supports the applicant’s request, and acknowledges their diligent efforts to improve the design of the project. Based on discussions with the applicant, staff understands that the applicant will resubmit in four to six weeks. The resubmittal will be processed internally and should be ready for City Council hearing in June. At that time, the applications will once again be advertised for hearing, and surrounding property owners will be notified. ALTERNATIVES: Alternative actions include directing the matter back to the Planning Commission ( while providing specific direction) for further consideration or continuing the public hearing to a date certain. Report prepared by: Les Johnson, Community Development Director Report approved for submission by: Frank J. Spevacek, City Manager Attachment: 1. Letter from Beazer Homes dated February 24, 2015 124 125 126