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2000 10 03 CCTjht 4 4 4" City Council Agendas are now Available on the City's Web Page @www.la-quinta.org City Council Agenda CITY COUNCIL CHAMBERS 78-495 Calle Tampico La auinta, California 92253 Regular Meeting Tuesday, October 3. 2000 - 2:00 P.M. I. CALL TO ORDER Beginning Res. No. 2000-125 Ord. No. 348 ROLL CALL: Council Members: Adolph, Henderson, Perkins, Sniff, Mayor Pena PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. II. CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS SKI HARRISON, MARK WEISS, AND JOHN RUIZ REGARDING NEGOTIATIONS WITH LA QUINTA CITY EMPLOYEES ASSOCIATION (LQCEA) PURSUANT TO GOVERNMENT CODE SECTION 54957.7 - MEET AND CONFER PROCESS. 2. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, MARK WEISS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION OF REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF HIGHWAY 111 AND LA QUINTA CENTER DRIVE (APN 649- 030-050). PROPERTY OWNER/NEGOTIATOR: STAMKO DEVELOPMENT COMPANY 3. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION, ROBERT M. READY AND HELEN B. READY V. CITY COUNCIL OF THE CITY OF LA QUINTA, RIVERSIDE SUPERIOR COURT CASE NO. INC018982 - GOVERNMENT CODE SECTION 54956.9 (a). NOTE: Time permitting, the City Council may conduct Closed Session discussions during the dinner recess. Additionally, if the City is considering acquisition of property, persons identified as negotiating parties are not invited into the closed session. RECONVENE AT 3:00 P.M. III. PLEDGE OF ALLEGIANCE At this time, members of the public may address the City Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Business Session matters or Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak to come forward at the appropriate time. V. PRESENTATIONS 1. PROCLAMATION DECLARING OCTOBER, 2000 "NATIONAL ARTS AND HUMANITIES MONTH" VI. APPROVAL OF MINUTES MINUTES OF THE MEETING OF SEPTEMBER 19, 2000. VII. CONSENT CALENDAR APPROVAL OF DEMAND REGISTER DATED OCTOBER 3, 2000. 2. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP 29799, KSL LAND CORPORATION. 3. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 29586, CENTURY- CROWELL COMMUNITIES. 4. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 29421, KSL LAND CORPORATION. APPROVAL OF A CERTIFICATE OF APPROPRIATENESS TO ALLOW A PATIO COVER ON THE FRONT OF A RESTAURANT LOCATED AT 78-039 CALLE ESTADO. APPLICANT: EL RANCHITO RESTAURANT, DAVID AND ALMA CETINA. 6. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 28935, J.P.W. CONSTRUCTION. 7. APPROVAL OF A JOINT USE AND IRREVOCABLE LICENSE AGREEMENT FOR IRRIGATION LINES ON JEFFERSON STREET BETWEEN THE CITY OF LA QUINTA AND CVWD. 8. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL 29724, KSL DESERT RESORTS, INC. 9. APPROVAL OF A REQUEST FOR PROPOSAL (RFP) TO OBTAIN PROFESSIONAL ENGINEERING SERVICES FOR CITYWIDE STREET AND SIDEWALK IMPROVEMENTS. 10. APPROVAL OF A CERTIFICATE OF APPROPRIATENESS TO REVISE THE ENTRY AREA OF THE RESTAURANT TO THE WEST OF THE HOTEL LOBBY ENTRY AREA LOCATED AT 49-499 EISENHOWER DRIVE, WITHIN THE LA QUINTA RESORT AND CLUB. APPLICANT: KSL DESERT RESORTS, INC. 11. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY SAFETY MANAGER AND THREE CODE COMPLIANCE OFFICERS TO ATTEND A TRAINING CLASS GIVEN BY SOUTHERN CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICIALS, INC., IN BUELLTON, CALIFORNIA, OCTOBER 27-28, 2000. 12. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR A CULTURAL ARTS COMMISSIONER TO ATTEND THE CALAA CONFERENCE ON OCTOBER 26-27, 2000, TO BE HELD IN SACRAMENTO, CALIFORNIA. 13. APPROVAL OF A REQUEST BY THE COUNTY OF RIVERSIDE PLANNING COMMISSION TO UTILIZE THE COUNCIL CHAMBERS FOR PUBLIC HEARING ON DECEMBER 6, 2000, FROM 8:00 A.M. TO 7:00 P.M. 14. APPROVAL OF REQUEST FOR PROPOSAL (RFP) TO PROVIDE DESIGN/BUILD SERVICES FOR DESIGN AND INSTALLATION OF LIGHTING IMPROVEMENTS AT THE SPORTS COMPLEX, PROJECT 2000-03. VIII. BUSINESS SESSION 1. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 8.03, SECTION 8.03.020 (UNDERGROUND WIRES), OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATIVE TO THE NATIONAL ELECTRICAL CODE. A. READ BY TITLE ONLY B. INTRODUCE AN ORDINANCE 2. CONSIDERATION OF PROPOSAL FROM WIDESPREAD WEATHER SERVICES, INC., TO PROVIDE WEATHER INFORMATION ABOUT THE CITY. A. MINUTE ORDER ACTION 003 3. CONSIDERATION OF A REQUEST FROM THE LA QUINTA ARTS ASSOCIATION FOR APPROVAL TO SUBMIT A COMMERCIAL PROPERTY IMPROVEMENT PROGRAM APPLICATION. A. MINUTE ORDER ACTION 4. CONSIDERATION OF LOCATIONS FOR INSTALLATION OF OBELISKS FOR THE FISCAL YEAR 2000/2001 OBELISK PROGRAM. A. MINUTE ORDER ACTION 5. CONSIDERATION TO AUTHORIZE TEMPORARY STREET CLOSURE AND DETOUR PLAN OF JEFFERSON STREET FROM HIGHWAY 111 TO AVENUE 48. A. MINUTE ORDER ACTION 6. CONSIDERATION OF SUBMITTING A LETTER TO CALIFORNIA DEPARTMENT OF PARKS AND RECREATION CONCERNING THE MT. SAN JACINTO STATE PARK GENERAL PLAN AND THE PALM SPRINGS AERIAL TRAMWAY. A. MINUTE ORDER ACTION 7. CONSIDERATION OF A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN CVAG JURISDICTIONS AND WILDLIFE AGENCIES RELATED TO INTERIM SOLUTIONS FOR FRINGE -TOED LIZARD PERMITS. A. RESOLUTION ACTION IX. STUDY SESSION - None X. REPORTS AND INFORMATIONAL ITEMS 1. CVAG COMMITTEE REPORTS 2. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (ADOLPH) 3 C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) 4. C.V. MOUNTAINS CONSERVANCY (SNIFF) 5. DESERT RESORTS REGIONAL AIRPORT AUTHORITY (HENDERSON) 6. LEAGUE OF CALIFORNIA CITIES COMMITTEES 7. MUSEUM EXPANSION COMMITTEE (ADOLPH/SNIFF) 8. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 9. PALM SPRINGS DESERT RESORTS AIRLINE SERVICES COMMITTEE (HENDERSON) 10. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION 11. RIVERSIDE COUNTY FREE LIBRARY SYSTEM ADVISORY COMMITTEE 12. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (PENA) 14. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (PENA) XI. DEPARTMENT REPORTS 1 . CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY 4 00' 4 XI. DEPARTMENT REPORTS (CONTINUED) 3. CITY CLERK A. REPORT ON UPCOMING EVENTS. 4. BUILDING AND SAFETY DIRECTOR 5. COMMUNITY DEVELOPMENT DIRECTOR 6. COMMUNITY SERVICES DIRECTOR 7. FINANCE DIRECTOR 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER 9. POLICE CHIEF 10. FIRE CHIEF XII. MAYOR AND COUNCIL MEMBERS' ITEMS DISCUSSION REGARDING MODEL VALLEY -WIDE MASSAGE ORDINANCE AND PROPOSED FACILITY PROGRAM AND CONCEPTUAL DESIGN OF ANIMAL CAMPUS - COUNCIL MEMBER ADOLPH. 2. DISCUSSION OF WASHINGTON STREET SPEED LIMITS - COUNCIL MEMBER ADOLPH. RECESS TO REDEVELOPMENT AGENCY MEETING XIII. PRESENTATIONS - None RECONVENE AT 7:00 P.M. PUBLIC COMMENT This is the time set aside for public comment on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. XIV. PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. PUBLIC HEARING TO CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, APPROVAL OF A GENERAL PLAN AMENDMENT AND CHANGE OF ZONE FROM TOURIST COMMERCIAL TO LOW DENSITY RESIDENTIAL, APPROVAL OF A SPECIFIC PLAN ALLOWING UP TO 178 SINGLE FAMILY DETACHED AND ATTACHED DWELLINGS ON 73 ACRES, AND APPROVAL OF A TENTATIVE TRACT MAP SUBDIVIDING 73 ACRES INTO 172 RESIDENTIAL LOTS AND MISCELLANEOUS LOTS FOR A PROJECT TO BE LOCATED AT THE SOUTHWEST CORNER OF JEFFERSON STREET AND 50TH AVENUE. APPLICANT: RJT HOMES, LLC. A. RESOLUTION ACTION. B. READ BY TITLE ONLY AND INTRODUCE AN ORDINANCE. s 00.5 2. PUBLIC HEARING TO CERTIFY AN ADDENDUM TO THE PREVIOUSLY CERTIFIED PGA WEST ENVIRONMENTAL IMPACT REPORT, AMEND THE GENERAL PLAN LAND USE ELEMENT FROM COMMUNITY COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL, ZONE CHANGE FROM COMMUNITY COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL, MODIFY DEVELOPMENT STANDARDS AND DESIGN GUIDELINES AND LAND USE ALTERNATIVES, AND APPROVE THE SUBDIVISION OF 22 ACRES INTO 50 RESIDENTIAL LOTS AND MISCELLANEOUS LOTS ON THE SOUTHEAST CORNER OF AVENUE 54 AND PGA BOULEVARD. APPLICANT: KSL LAND HOLDINGS INC. A. RESOLUTION ACTION. B. READ BY TITLE ONLY AND INTRODUCE AN ORDINANCE. XV. ADJOURNMENT - Adjourn to the next regular meeting to be held on Tuesday, October 17, 2000, in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92553. 6 006 I, June S. Greek, City Clerk of the City of La Quinta, California, do hereby declare that the foregoing agenda for the City Council meeting of October 3, 2000 was posted on the outside entry to the Council Chambers, 78-495 Calle Tampico and on the bulletin boards at the La Quinta Chamber of Commerce and at Stater Bros., 78-630 Highway 111, on Friday, September 29, 2000. DATED: September 29, 2000 J U N EK, C M C City Clerk, City of La Quinta, California PUBLIC NOTICE The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7025, 24-hours in advance of the meeting and accommodations will be made. Make your voice heard on Election Day! Register and Vote! To be eligible to vote November 7th, you must register to vote no later than October 10, 2000. Visit the City Clerk's Office to request a voter registration form or phone us at 777-7000. 007 T-&t 4 4 Q" COUNCIL/RDA MEETING DATE: OCTOBER 3, 2000 ITEM TITLE: Demand Register Dated October 3, 2000 RECOMMENDATION: Approve Demand Register Dated October 3, 2000 BACKGROUND: Prepaid Warrants: AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING 42534 - 425411 3,474.80 42542 - 425451 1,679.00 42546 - 42548) 45,194.06 42549 - 425541 2,049.20 Wire Transfers) 72,621.32 P/R 5651 - 5721; 87,736.22 P/R Tax Transfers; 24,128.20 CITY DEMANDS $459,945.55 Payable Warrants: 42555 - 426811 291,235.03 RDA DEMANDS 68,172.28 $528,117.83 $528,117.83 FISCAL IMPLICATIONS: Demand of Cash -City $459,945.55 Falconer, Fifiance Director CITY OF LA QUINTA BANK TRANSACTIONS 9/14/00 - 9/26/00 9/15/00 WIRE TRANSFER - DEFERRED COMP $5,631.65 9/15/00 WIRE TRANSFER - PERS $11,143.67 9/15/00 WIRE TRANSFER - CREDIT UNION $5,846.00 9/20/00 WIRE TRANSFER - RDA ESCROW $50,000.00 TOTAL WIRE TRANSFERS OUT $72,621.32 N ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 09:44AM 09/26/00 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK NUMBER DATE VENDOR NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** PAYMENT AMOUNT 42555 09/26/00 &01183 J L ROSE/C B ROSE 250.00 42556 09/26/00 &01184 SUESANA ZANDER 25.00 42557 09/26/00 &01185 LAVERTA AULT 10.00 42558 09/26/00 &01186 DENNIS BOLIN 12.00 42559 09/26/00 &01187 ELIZABETH BYRNE 10.00 42560 09/26/00 &01188 LANCE GIBSON 12.00 42561 09/26/00 &01189 JAMIESON ASSOCIATES 12.00 42562 '09/26/00 &01190 BETTY ZASLAWSKY 150.00 42563 09/26/00 AlRO01 A-1 RENTS 50.40 42564 09/26/00 ACT100 ACT GIS INC 2750.00 42565 09/26/00 AD0010 DON ADOLPH 474.42 42566 09/26/00 AME015 AMERICAN PLANNING ASSOC 314.00 42567 09/26/00 AME200 AMERIPRIDE UNIFORM SVCS 105.67 42568 09'/26/00 ASCO01 A & S COFFEE SERVICE 300.00 42569 09/26/00 ATC010 ATCO MANUFACTURING CO 300.00 42570 09/26/00 AUT030 AUTOMATED TELECOM 269.20 42571 09/26/00 BLU011 BLUEPRINTER 191.26 42572 09/26/00 BRI100 BRINKS INC 275.40 42573 09/26/00 CAD010 CADET UNIFORM SUPPLY 131.78 42574 09/26/00 CAL019 CA ASSOC LOCAL ECONOMIC 75.00 42575 09/26/00 CAL031 CALIF PARKS & RECREATION 80.00 42576 09/26/00 CAL045 CALIF REDEVELOPMENT ASSOC 7035.00 42577 09/26/00 CEN010 CENTURY FORMS INC 157.68 42578 09/26/00 COM047 COMMUNICATIONS CENTER 549.56 42579 09/26/00 COS050 COSTCO BUSINESS DELIVERY 331.59 42580 09/26/00 CR0050 CROWN TROPHY 254.90 42581 09/26/00 DAL050 DALCO SCREEN PRINTING 1740.12 42582 09/26/00 DAT010 DATA DISCOUNT 357.86 42583 09/26/00 DEP300 DEPARTMENT REHABILITATION 15.00 42584 09/26/00 DES018 DESERT ELECTRIC SUPPLY 1168.01 42585 09/26/00 DESO40 DESERT JANITOR SERVICE 4614.50 42586 09/26/00 DES060 DESERT SUN PUBLISHING CO 460.95 42587 09/26/00 DES065 DESERT TEMPS INC 3645.40 42588 09/26/00 DIE050 DIETERICH POST 84.06 42589 09/26/00 DLO100 DLO ENTERPRISES INC DBA 2387.20 42590 09/26/00 DRU100 DRUMMOND AMERICAN CORP 454.51 42591 09/26/00 DUN100 DUNCAN PRINTING 36.00 42592 09/26/00 ECO175 ECONOMIC DEV AGENCY FAIR 5000.00 42593 09/26/00 EIS010 EISENHOWER IMMEDIATE CARE 170.00 42594 09/26/00 ERL100 PETER ERLENBUSCH 100.00 42595 09/26/00 FED010 FEDERAL EXPRESS CORP 146.36 42596 09/26/00 FIR007 FIRST AID SELECT 851.14 42597 09/26/00 GEN050 GENERAL AIR CONDITIONING 447.00 42598 09/26/00 GE0010 GEORGE'S GOODYEAR '66.00 42599 09/26/00 GRA010 GRANITE CONSTRUCTION CO 165.00 42600 09/26/00 GUM050 BRAD GLIMMER 378.00 42601 09/26/00 HAR100 JOHN HARDCASTLE 725.00 010 3 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 09:44AM 09/26/00 CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 42602 09/26/00 HIG010 HIGH TECH IRRIGATION INC 59.67 42603 09/26/00 HIN010 HINDERLITER, DE LLAMAS 1462.03 42604 09/26/00 HOA010 HUGH HOARD INC 692.82 42605 09/26/00 HOM030 HOME DEPOT 217.85 42606 09/26/00 ICB200 ICBM, INC 20.60 42607 09/26/00 INLO75 INLAND EMPIRE ECONOMIC 2500.00 42608 09/26/00 INT015 INTERNATIONAL CONFERENCE 59.88 42609 09/26/00 INT016 INTERNATIONAL INSTITUTE 95.00 42610 09/26/00 JAC200 JACOBSSON ENGINEERING INC 7097.61 42611 -"09/26/00 JAS100 JAS PACIFIC 10641.20 42612 09/26/00 JOH2O0 JOHNSON POWER SYSTEMS 475.00 42613 09/26/00 JPRO10 JP REPROGRAPHICS 48.49 42614 09/26/00 JUD010 JUDICIAL DATA SYSTEMS COR 102.12 42615 09/26/00 KEL010 KELLY SERVICES INC 985.32 42616 09/26/00 KIN100 KINER/GOODSELL ADVERTISNG 3311.07 4.2617 09/26/00 KRI100 BRUCE KRIBBS CONSTRUCTION 11243.50 42618 09/26/00 KSL053 KSL DEVELOPMENT CORP 1280.00 42619 09/26/00 LAQ040 LA QUINTA CHAMBER COMMERC 37500.00 42620 09/26/00 LAQ052 LA QUINTA COUNTRY CLUB 875.00 42621 09/26/00 LAQ073 LA QUINTA RESORT & CLUB 1394.86 42622 09/26/00 LAS030 LASERLOCK SPECIALITIES 217.11 42623 09/26/00 L00010 LOCK SHOP INC 412.12 42624 09/26/00 LOG020 MARK LOGAN LANDSCAPE INC 816.67 42625 09/26/00 LOS050 LOS ANGELES TIMES 49.68 42626 09/26/00 LOW100 LOWE'S COMPANIES INC 111.57 42627 09/26/00 MAU050 BRIAN MAURER PHOTOGRAPHY 161.62 42628 09/26/00 MCK010 McKESSON WATER PRODUCTS 206.78 42629 09/26/00 MEN030 MISSY MENDOZA 42.94 42630 09/26/00 MOM100 MOM'S GAS STATION 1161.45 42631 09/26/00 MUN040 MUNICIPAL TREASURERS ASSC 145.00 42632 09/26/00 NAD100 JACK NADEL INC 235.12 42633 09/26/00 NAW010 RON NAWROCKI 4800.00 42634 09/26/00 NEX010 NEXTEL COMMUNICATIONS 2568.49 42635 09/26/00 NIC101 NICKERSON & ASSOCIATES 6750.00 42636 09/26/00 OFF005 OFFICE DEPOT INC 140.06 42637 09/26/00 OFF010 OFFICE MAX 51.70 42638 09/26/00 OWE020 OWEN & BRADLEY 48.75 42639 09/26/00 PAR030 PARKHOUSE TIRE INC 99.10 42640 09/26/00 PET100 PET PICKUPS 380.10 42641 09/26/00 PIN050 PINK INC 7730.10 42642 09/26/00 PLA012 PLANNER PADS CO 28.90 42643 09/26/00 POS030 POSTAL CONNECTION OF 16.78 42644 09/26/00 PRE015 THE PRESS -ENTERPRISE CO 885.74 42645 09/26/00 PS1050 PSI ENVIRON GEOTECH CONS 248.04 42646 09/26/00 PVP100 PVP COMMUNICATIONS INC 651.96 42647 09/26/00 RAN040 RANDAL'S PLUMBING 136.08 42648 09/26/00 RAS020 RASA - ERIC NELSON 245.00 42649 09/26/00 RIV020 RIV CNTY AUDITOR-CONTROLR 181.00 42650 09/26/00 RIV100 RIVERSIDE COUNTY SHERIFFS 20394.00 /(a ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 09:44AM 09/26/00 CITY OF LA QUINTA BANK ID: DEF PAGE 3 CHECK NUMBER 42651 42652 42653 42654 42655 42656 42657 42658 42659 42660 42661 42662 42663 42664 42665 42666 42667 42668 42669 42670 42671 42672 42673 42674 42675 42676 42677 42678 42679 42680 42681 CHECK DATE 09/26/00 09/26/00 09/26/00 09/26/00 09/26/00 09/26/00 09/26/00 09/26/00 09/26/00 -"09/26/00 09/26/00 09/26/00 09/26/00 09/26/00 09/26/00 09/26/00 09/26/00 09/26/00 09/26/00 09/26/00 09/26/00 09/26/00 09/26/00 09/26/00 09/26/00 09/26/00 09/26/00 09/26/00 09/26/00 09/26/00 09/26/00 NO. RIV101 RIV130 RUT050 SAX100 SEC050 SIM025 SIM050 SMA010 SMI150 SOU004 SOU007 STA045 STA050 SWA040 TER100 TOP010 TRA020 TRI100 TRU010 TW1050 USB100 USO100 UUN100 VAL005 VID050 VOG050 VON010 WAL010 WIL050 WIS020 YOU100 VENDOR NAME RIV COUNTY.SHERIFF/INDIO RIVERSIDE CNTY PURCHASING RUTAN & TUCKER SAXON ENGINEERING SERVICE SECURITY LINK/AMERITECH SIMON MOTORS INC SIMPLEX TIME RECORDER CO SMART & FINAL MALCOM SMITH MOTORSPORTS SOUTH COAST AIR QUALITY SOUTHWEST NETWORKS, INC STAN'S AUTO TECH STAPLES SANDY SWAN TERRA NOVA PLANNING & TOPS'N BARRICADES INC TRANSAMERICA INTELLITECH TRI STATE LAND SUVEYORS & TRULY NOLEN INC TWIN GRAPHICS US BANK US OFFICE PRODUCTS UUNET VALLEY ANIMAL CLINIC VIDEO DEPOT CHRIS A VOGT VON'S C/O SAFEWAY INC WAL MART STORES INC BRITT W WILSON WISE MAINTENANCE & CONST YOUNG ENGINEERING SERVICE CHECK TOTAL PAYMENT AMOUNT 1004.81 63.80 41515.61 4130.00 365.49 1487.49 354.50 280.36 374.40 184.29 4198.52 534.09 231.73 6542.50 13472.30 284.90 140.74 30370.00 86.00 269.38 3800.00 1154.66 1565.00 230.80 15.00 55.19 13.70 129.31 29.24 400.00 11834.37 291,235.03 M v N l0 r OD 0) O M rz ~ u O E. z 0 0 N 2 01 U O O N N N N N N N N N N O O w E N N N N N N N N N N N N N Q1 Ol 01 Ol Q\ 01 01 Ol m01 m 01 a m E E E F E E F E E F F F H 0 O O O O O O O O O O O O N Q• E O O O O O O O O v O O O V' o z F+ W z O N O N O N N O O O O O V E O N N N N N O o r �+ O N H N H H a 0 0 0 0 0 0 0 0 0 0 O O o o O o 0 o c o x O N O N O N a N O O O >+ N N H H H W H N N N < N U U > H r CL x x O N a w w > z z z z z z O H m H (n a m H H H O CO U Cn [I RC U F< 9 U W r < KC FC U FC w< U rC z< Q z W E+ (n E S F E O F+ F z F+ F W F. 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O E+ x x F+ U U 0 W W 0 m u � U U Q z z w z z w > d d > a a o � rn rn I O O 0 0 r r c c o un o O w c Ln un M M .-+ H 0 0 w w U U H H > > a x w w 0 z z H H x a W w W W z z H H U C7 z z W w CJ (7 z z O O 0 0 N r 0 0 O o O O O O M 0 M M N H N a d F O F F z W E d a 21 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 42549 09/22/00 AME031 AMERICAN CANCER SOCIETY 42550 09/22/00 COA080 COACHELLA VALLEY WATER 42551 09/22/00 IMP010 IMPERIAL IRRIGATION DIST 42552 09/22/00 LAQ073 LA QUINTA RESORT & CLUB 42553 09/22/00 PAL300 MARK PALMER DESIGN 42554 09/22/00 VER200 VERIZON CHECK TOTAL 09:21AM 09/22/00 PAGE 1 PAYMENT AMOUNT 100.00 13.00 251.24 300.00 1005.00 379.96 2,049.20 A 22 Z •"i N M C u) �o r m m O N O E Z O O N N m U C7 C7 0 0 0 0 CU 0 0 0 0 0 o W E £ £ XXX £ £ £ £ £ £ £ a w w w w w w w w w w w w £ a co E+ F E E E+ E. E E. E E-F E El rn O O O O H to O O l0 t0 l0 l0 N a1 E O O M O O r r r r 41 o Z E W z o M r r u 00 0 r o 0 o o OO r r r r r N a �a O O c O O to O O N O O 01 O M H O u) a1 o u) Z o U o r --� N O M H O M a E. to H 0 z £ 0 0 �+ U a F F F F z U U U GZ F F 0 0 0 > > > 0 w 0 W O 0 E w w m E E,H El F O ElE U W H a, a. > % U U U a \ % z a > > > > a O H w O cn O H H H O E. 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O O M N N N N N E. a a W a a a x a. z a a U H£ H a w w w w w a U w > > > > > H a GL w CIO 0 E. 030 23 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 42546 09/20/00 BEA010 BEACHSIDE CAFE 42547 09/20/00 G00100 GOOD STUFF PIZZA 42548 09/20/00 WAR025 WILLIAM WARE CHECK TOTAL 11:05AM 09/20/00 PAGE 1 PAYMENT AMOUNT 146.65 47.41 45000.00 45,194.06 031 2 11 Z H N r O E. z 0 0 0 N \ H � U C7 U C7 O 0 < W W W m E E E. 0 n o F c o Z F W Z o r o i 0 c c O a O o VLn W v Ln O D c O c c U O a w O w H Ln z a z C7 E H z LY, rf El F W U) z O El ElEl w Z O F W H W F O E+ Z E+ a s H a 0 a o ff a 0 a o E o Z U U Z E z W z H U) z W O W N W 0 0 w a U z m W W H w a O w > > m z z E H z Q a � m W cn 0 0 o w E. a o o r w 0 O n m o o w E o r r o Z rn rkD o E Z H v rn 0 0 o r O o U U FC o 0 0 � � c M C. O < ul N a, w N (:C Ga H a a w a z o 0 £33 w Ot x H w a o 0 a a to z awl C07 3 F G+ W z O > O o Ln 0� o o Q U awl 0 3 0 c a) a a El F Q F E z W a Q a w m 0 E 032 25 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 42542 09/19/00 AME075 AMERICAN RED CROSS 42543 09/19/00 BGB100 BGB CATERING 42544 09/19/00 PRY100 PRYOR RESOURCES INC 42545 09/19/00 RIV103 RIVERSIDE COUNTY SHERIFF CHECK TOTAL 10:21AM 09/19/00 PAGE 1 PAYMENT AMOUNT 20.00 400.00 59.00 1200.00 1, 679.00 033 26 rzr�� 1x O I-z 0 0 V O w F V KC a C° O1 O o E-F H z E+ w z E O >1 O 13 a z O W H U F H � > a z U H U) W w r+w V W H ❑ a O w > I > co z z x H ❑ H � H z ❑ H `.L < z a 4 as w In a 1 O o w E. a w m E 0 z E. z a O V U 0 C9 C9 U E E £ £ W W W W F F F F O O O O O 0 0 o O o 0 o rn o rn N O N O r C N w H � 0 0 0 0 0 0 o O 0 0 o rn a o a N oN O c ul H F H x U O E+ fx z F < O z > U > c > W 5 H r a a E r ❑ H D4 a H w a• w 0 cn O o F U M U) z O U) H O O 1n 1% U7 U FC U ❑ C7 m I ❑O a rz-1 W F a m m H < F w a < a a o a O w w > ❑ cD a co W F z O > Ln o 0 OU F W P] > Q U PVO Oa+ 034 27 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 4:20PM 09/13/00 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 42534 09/13/00 BGB100 BGB CATERING 400.00 42535 09/13/00 INT005 INTERNAL REVENUE SVC-ACS 50.00 42536 09/13/00 LAQ050 LA QUINTA CITY EMPLOYEES 338.00 42537 09/13/00 PET010 PETTY CASH/CITY LA QUINTA 396.55 42538 09/13/00 RIV040 RIV CNTY DISTRICT ATTORNY 426.50 42539 09/13/00 SUP100 SUPPORT PAYMENT CLEARING- 150.00 42540 09/13/00 UNIO05 UNITED WAY OF THE DESERT 144.00 42541 '09/13/00 UNU050 UNUM LIFE INS 1569.75 CHECK TOTAL 3,474.80 035 z .--I N r m m 0 H N M V' In O E. z O O H U U' 01 O1 U' C7 C7 U' C7 C7 C7 C7 C� C7 a• Oi rn at o W E. £ £ £ £ £ £ £ £ £ £ £ C7 < W O O w W W W w W W W W W O O m C)) £ rt; Im F F E H E E E H H E E-E E F E F H E a w rn 0 .• O O O O ul N N O N o m (D O o O rn O v El 0 0 o r c m o .-+ o 0 o c rn vn o o r m Z E W Z O O m H r o v 01 c £ D O Ln m In M lD M N m m V' N to v' t0 r >+ O c M c H .-� L c a M o O O In o O o Lrn o O o Ln In O o r O o m O D m E+ E-F F F+ El H E E+ E F kO ❑ w aw o O O Ln ❑ M z Z z z Z Z Z z Z z m N D In c a M W W W W W W W W W W M > v to . .-� <n E- C) £ £ £ £ £ £ £ £ £ £ H >, 0 E+ I to m m m m U7 cn m I 3 rn x W a a a a a 1% a Z a a a a x x E- EO D D D D D D D D D D (n to O Z Z H U W W PO W CD CO Ql W ttl G1 H H W W O z £ £ £ £ £ £ £ £ £ £ z Z E £ w .-a a .a a a H H H H H H H H H H x< a w w w w w w w w w w< Q a z rt z U E O F 11 E a a a a a a a a a a C. 0 E C7 F D H E a O z 0 t O 1 0 O 1 O 1 0 1 O m O W H D E H • E x x x x x x x x x x H • E F H z E U F .-7 F4 t4 [n Cn u) M En to to M to co N L1 V4 H a a .0 a 4J a < < < < < < a' < 2. 4 a JJ a 11 a �) a a 0 E O m 0 m 0 U U U U U U U U U U O v) O ul O m 0 ❑ O > a H ❑ •.1 ❑ -4 ❑ ❑ •,1 ❑ H ❑ -H ❑ E ❑ z U m z ❑ z ❑ z r>>> >. >> r r r z ❑ z ❑ z ❑ z a z H U] O W W W E E E E F+ H H H F E+ W W W W -- W W GL > a> a> E E E F FF F H H F F> a> a> a> ❑> 1 ❑ W W W w w W W W W W W F m ❑ a a a w cL n4 a a w a a m a a n. cn ❑ W w O H a O n 0 . w a > I > m O w z z £ P7 H ❑ H D m I H z M 0 p O E4 H x a z tL � ao w m a 0 0 w H a O O O O N O O O O O O O O o O O O w O O O o O O O m O O o O O O O O O CO O O o O m O o Ln O O O O o O O o O un rn Z w N N O O M O O M O M v' M N N N M w N N r r \O r to w r tO l0 to N N N N F z H O O Cl) (M H M �O H H H N (N. cm)O (DO D Ln o O In to In In In Ln O O O O O O o 0 U N o o '-1 .-1 N N (Y) T N a' v O1 O O O O U r.� O o O o O O O O O O o O O o O O O a a a a a a a a a N 1 U] W E F H E F E E E E E z C7 F U W Z Z z z z z Z z z z a z a f� W H H H H H H H H H H 0 1-I w I >+ D D D D D D D D D D E. a to 0 a a a a a a a a a a F:� o > a M co a O £ .4 .] .7 4 4 9 4 a 4 E U w o w w U x u') D >+ >+ >+ >+ >+ >+ > >+ >+ >+ H H F W z >+ E H H E F E E E E-F E a z a' W E H H H H H H H H H H E W Lu 0 > H U U U U U U U U U U Ul £ 0 z I Z W U -1 11 11-1 111� 11 11 11 11 H >+ H H a x x x x x x x x x x ❑ W E a RC Cn V] U] m to to m (n U1 !n CL FC W .7 z w .4 E (S RC FC < < < < < >+ 3 [++ fTl H El < z U U U U U U U U U U H E H w a N a u z o >. >> r> >• N >• >• > u o rt; a w a EF E E H H E F F E H W E £ CL rt; O [m El E H E E E E E E E F > W H D .7 ❑ 0 z Q W W W W W W W W W W H D z z z m H a n. cL rL 0. w o. a. Q. Q. a a w D D E+ L+ z0 W > o Ln o 00000000o0 0 0 u, o D o (D in f-1 r•i .--� .--I .--� H H •--I .-1 .-i d' O O N �3 O > r O O O O O O (D O O O O O O r (D Cl U H OQ E+ a H H H H H E-E E+ E E+ E+ > ru H D U H (.D Z < w W W W W W W W W W H D z Z < U oo H a a d a Q. a a a a iL 04 a rn D D A/P - AP6002 CITY OF LA QUINTA CHECK BK INVOICE NUMBER ID DATE 41511 DEF 06/05/00 TOTAL VOIDED CHECKS TO BE VOIDED BANK ID: DEF 08:54AM 09/15/00 PAGE 1 VENDOR VENDOR INVOICE. AMT. PAID NUMBER NAME• DESCRIPTION 1200.00 RIV103 RIVERSIDE COUNTY SHERIFF AVCO 774155024 FORECLOSURE 1,200.00 037 30 A/P - AP6002 CHECKS TO BE VOIDED 08:10AM 09/14/00 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME 42385 DEF 09/11/00 TOTAL VOIDED 400.00 BGB100 ABGB CATERING 400.00 INVOICE DESCRIPTION DEPOSIT/LUNCHEON 9/20/00 'r h 31 T4ht 4 a (A Q" COUNCIL/RDA MEETING DATE: October 3, 2000 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Parcel 29799, KSL Land Corporation AGENDA CATEGORY: BUSINESS SESSION: dp CONSENT CALENDAR: o. STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel 29799, KSL Land Corporation. None. None. Parcel 29799 is located along the southeast corner of PGA Boulevard and Avenue 54 within PGA West (Attachment 1) and consists of one parcel and five lettered landscaping lots and one well site lot (Attachment 2). The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. As of September 25, 2000, City staff has not received approval of the Final Map from the City's Acting Surveyor; however, it is expected that a technically correct map will be submitted within the time allowed with its conditional approval. A Subdivision Improvement Agreement (Attachment 3) has been executed by the developer; however, the associated securities have not been received. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and Subdivision Improvement Agreement. The approval is contingent upon receipt, within 30 days (November 2, 2000), of a technically correct Final Map suitable for recording by the County Recorder with all required signatures except for the City Clerk. 039 T:\PW DEPT\COUNCIL\2000\001003b.wpd Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. The developer has demonstrated to City staff that sufficient progress has been made with the documents required for conditional final map approval. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel 29799, KSL Land Corporation; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel 29799, KSL Land Corporation; or 3. Provide staff with alternative direction. Respectfully submitted, //// Y-0 Chris A. Vogt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement TAPW DEPT\C0U NC I L\2000\001003b. wpd uW RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF PARCEL 29799, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps, and WHEREAS, the City Council as a matter of policy allows a subdivider to have city staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items, and WHEREAS, the subdivider has demonstrated to city staff and the City Counci I that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including city staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of city staff, and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration, and WHEREAS, the City Council relies on professional city staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional city staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1 . The final map for Parcel 29799 is conditionally approved provided the subdivider submits all required items on or before November 2, 2000. 041 003 Resolution No. 2000- Tract 29799 Adopted: October 3, 2000 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 with the tentative map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Produced a technically correct drawing of the map area that is suitable for recording by the County Recorder B. Has obtained all requisite signatures on the map title page, except for the City Clerk's signature. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on November 2, 2000. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of October, 2000, by the following vote to wit: AYES: Council Members NOES: None ABSENT: None ABSTAIN: None JOHN J. PENA, Mayor City of La Quinta, California 0421 004 Resolution No. 2000- Tract 29799 Adopted: October 3, 2000 Page 3 ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON , City Attorney City of La Quinta, California 043 005 PARCEL MAP NO. 7"Tl VICINITY MAP NOT TO SCALE 044 I:\51346\MAPPING\29799VIC IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA ""_ I — ` D _1 PARCEL MAP N O. 29799 RECORDER'S STATEMENT AT DF PARCEL MAPS, BEING A SUBDIVISION OF PARCEL 8 OF PARCEL MAP 140. 20426, AS FILED IN BOOK 129, AT AT PAGE__AT THE REQUEST OF THE PAGES 49 THROUGH 55. INCLUSIVE OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA CITY CLERK OF THE CITY CE LA OUINTA NO. MDS CONSULTING JULY, 2000 GARY W. DOKICH LS.4693 FEE GARY L ORSO, COUNTY RECORDER BY. DEPUTY SUBDIVISION GUARANTEE BY: FIDELITY NATIONAL TITLE COMPANY OWNER'S STATEMENT WE HEREBY STATE THAT WE ARE THE OWNERS OF THE LAND INCLUDED WITHIN THE SUBDIVISION SHOWN HEREON; THAT WE ARE THE ONLY PERSONS M40SE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID LAND, THAT WE CONSENT TO THE MAKING AND RECORDING OF THIS SUBDIVISION AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE. WE HEREBY RESERVE PARCELS 'A' THROUGH 'E', INCLUSIVE, FOR OPEN SPACE AND LANDSCAPE PURPOSES FOR THE SOLE BENEFIT OF OURSELVES, OUR SUCCESSORS, ASSIGNEES AND PARCEL OWNERS WITHIN THIS SUBDIVISION. WE HEREBY RESERVE PARCEL 'F' FOR FUTURE DEVELOPMENT, FOR OURSELVES. OUR SUCCESSORS, ASSIGNEES AND PARCEL OWNERS WITHIN THIS SUBDIVISION. KSL HOTEL LAND, LP., A DELAWARE LIMITED PARTNERSHIP BY: KSL LAND HOLDINGS, INC. A DELAWARE CORPORATION, ITS GENERAL PARTNER BY: LARRY E. LICHLITER, PRESIDENT NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA )S.S COUNTY OF T ON THIS_ DAY OF 2000, BEFORE ME A NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED PERSONALLY KNOWN TO ME/PROVED ON THE BASS OF SATISFACTORY EVIDENCE, TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WTHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND: SIGNATURE: MY PRINCIPAL PLACE OF BUSINESS NOTARY PUBLIC IN AND FOR SAID STATE IS IN COUNTY MY COMMISSION EXPIRES SIGNATURE OMISSIONS PURSUANT TO SECTION 66436 O THE SUBDIVISION MAP ACT. THE SIGNATURES OF 1HE FOLLOWING OWNERS OF EASEMENTS AND/OR OTHER INTERESTS HAVE BEEN OMITICD: A RIGHT OF WAY AND EASEMENT GRANTED TO COACIELLA VALLEY COUNTY WATER DISTRICT IN FAVOR OF THE PUBLIC FOR PUBLIC ROADS AND RIGHTS OF WAY, PRIVATE EASEMENTS AND RIGHTS OF WAY FOR ROADS, PIPELINES. DITCHES. AND CONDUITS ON, OVER TINDER OR ACROSS THE HEREIN DESCRIBED PROPERTY, EXISTING FOR THE PURPOSE OF INGRESS AND EGRESS FROM OTHER LANDS BY MEANS OF SUCH ROADS AND FOR THE PURPOSE OF CONVEYING IRRIGATING AND DOMESTIC WATER TO SUCH OTHER LANDS BY MEANS OF SUCH PIPE LINES DITCHES AND CONOGTS GENERAL TELEPHONE COMPANY OF CALIFORNIA. A CORPORATION, HOLDER OF EASDAENT(S) FOR UNDERGROUND CONDUITS, CABLES, WRES AND APPURTENANCES FOR ME TRANSMISSION OF ELECTRIC ENERGY FOR COMMUNICATION AND OTHER PURPOSES. RECORDED DULY 7, 1286. AS INSTRUMENT N0. 157351; FOR ANY AND ALL PRESENT OR FUTURE TELEPHONE RELATED USES, RECORDED DECEMBER 16, 1986. AS INSTRUMENT NO. 320510; AND FOR ELECTRONIC SWITCHING SITE, RECORDED #MARY 30, 1990, AS INSTRUMENT NO. 36439; ALL OF OFFICIAL RECORDS. IMPERIAL IRRIGATION DISTRICT, A PUBLIC AGENCY OF THE STATE OF CALIFORNIA. HOW OFEASEMENT(5) FOR UNDERGROUND ELECTRICAL POWER LINE AND NECESSARY DEVICES AND APPURTENANCES. RECORDED OCTOBER 16. 1286, AS INSTRUMENT NO. 25WO OF OFFICIAL RECORDS TAX COLLECTOR'S CERTIFICATE 1 HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE AS OF THIS DATE, THERE ARE NO LIENS AGAINST THE PROPERTY SHOWN ON THE WITHIN MAP FOR UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOW A LIEN, BUT NOT YET PAYABLE, WHICH ARE ESTIMATED TO BE f PAUL McDONNELL DATE: COUNTY TAX COLLECTOR DEPUTY TAX BOND CERTIFICATE I HEREBY CERTIFY THAT A BOND IN THE SUM OF f HAS BEEN EXECUTED AND FILED WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, CALIFORNIA. CONDITIONED UPON THE PAYMENT OF ALL TAXES, STATE, COUNTY, MUNICIPAL OR LOCAL, AND ALL SPECIAL ASSESSMENT COLLECTED AS TAXES, WHICH AT THE TIME OF FILING OF THIS MAP WITH THE COUNTY RECORDER ARE A UEN AGAINST SAID PROPERTY BUT NOT YET PAYABLE AND SAID BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPERVISORS. DATE: CASH TAX BOND GERALD AL MALONEY PAUL McDONNELL CLERK OF THE BOARD OF SUPERVISORS COUNTY TAX COLLECTOR BY: DEPUTY BY: SURVEYOR'S STATEMENT THIS MAP WAS PREPARED BY ME OR UNDER MY SUPERVISION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE PATH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCK ORDINANCE AT THE REQUEST OF KSL MOTEL LAND. LP., A DELAWARE LIMITED PARNERS HIP, IN AUGUST, 2000, 1 HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, OR WILL BE IN ACCORDANCE WITH THE TERMS OF THE MONUMENT AGREEMENT FOR THE MAP; AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. I HEREBY STATE THAT THIS PARCEL MAP SUBSTANIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, I ANY. DATE: , 2000 L ge GARY W. DOCIC H L.S. 4693 EXP. 9/30/03 d u w x �/jY.� pLT .elf CITY ENGINEER'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN ANNEXED MAR OF PARCEL MAP NO. 29799 CONSISTING OF TWO (2) SHEETS, THAT THE SUBDIVISION SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH. DATE: , 2000 CHRIS A. VOGT R.C.E. 44250 EXP. 6/30/01 CITY ENGINEER, CITY Or LA OLANTA CITY SURVEYOR'S STATEMENT 1 HEREBY STATE THAT I HAVE EXAMINED THE WITHIN MAP OF PARCEL MAP NO. 29799 CONSISTING OF TWO (2) SHEETS AND 1 AM SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT. DATE: . 2000 ERIC A. NELSON P.L.S. 5563 EXP. 9/30/01 ACTING CITY SURVEYOR CITY CLERK'S STATEMENT I, JUNE S. GREEK, CITY CLERK AND EX—OFFICIO CLERK OF THE CITY COUNCIL OF THE CITY OF LA OUINTA, CALIFORNIA, HEREBY STATE THAT SAID CITY COUNCIL AT ITS REGULAR MEETING MEETING HEIR ON , 20DO APPROVED THE WITHIN MAP OF PARCEL MAP NO. 29799. DATED: JUNE S. CREEK CITY CLERK AND EX—OMCIO CLERK OF THE CITY OF LA ONNTA M T2 4'a w IN THE CITY OF LA OUINTA, COUNTY OF RNERSIOL STATE OF CALIFORNIA SHEET 2 OF 2 SHEETS Z PARCEL MAP NO. 29799 0 BEING A SUBDIVISION OF PARCEL B OF PARCEL MAP NO. 20428, AS FllID IN BOOK 129, AT W PAGES 49 THROUGH 55. INCLUSIVE OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA � W MDS CONSULTING JULY, 2000 GARY W. DDIOCH LS.4693 U �N J NORTHWEST CORNER SECTION 16, NORTH OUATER CORNER SECTION 16 R 7 BS., R. 7E., S.B.M. FOUND 1" I.P. W/PLASTIC PLUG FOUND 2X2 FLUSH W/LS. 3018 TAG C/L AVENUE 54 STAMPED LS. 30M RUSH PER P.Y.B. 129/49-55 PER P.M.B. 129/49-55 2]59'll'V 30.50' S Rio �d i ml=` �` N 70'29'34'V MIT 024 , PARCEL B \ MR AC \ \ 7,d \ \ \ n f2 PARCEL A wa AC 0 ARC \ \ 19 EASEDEMS \ Q- INDICATES A 40.00 FOOT EASEMENT FOR \ 1 LANDSCAPE UTILITY PURPOSES PER P.M. 20426, P.Y.B. 129/49-55. 1 I YQ- INDICATES AN FASDAENT FOR PUBLIC UTILITY I PURPOSES. N FAVOR OF G.T.L. PER LAST. NOS. 157351, 320810 AND 36439. O.P. 3Q- MOTES A 10.00 FOOT EASEMENT FOR PUBLIC UTILITY PURPOSES IN FAVOR OF I.I.D., PER INST. NO. 258046. CURVE TABLE NO DELTA RAMS ARC LGT TAN 1 n's]'sr 52/A0' to9N' s4bff 2 9'02'03' DBSAO' 1>9S' 69.92' 3 2'S977 524b0' 2732' 1366' 1 017'12'3B' ]26AY 97.9Y 1933') 5 (31'25'16' ]M.DO' 206b6' 10656' > 6 65.1471' 2000 22J7' 12JW' 7 66'3D'36' 2000' 232Y 13JY 9 261757' %TJW 79.73' ID.19' 9 2152'IP i71A0' 6570' 33D5' 10 90'W'00' ]5.00' S1.9B' 35A9 11 9'4TQ2' 885.DC 135.76' 6601' 2 f32797Y 524,00' 297J1' 152b7') N 89'VI3'E 1269.39') ' I PARCEL C TZ — IA45 AL N O'2947'V 359o��, 4+` PELFRAE •P / PARCEL PARCEL 8 / PARCEL MAP No. 20426� PME3 120 / 41)-55 o/ / � o / SCALE 1"-100' Q / INST. NO. 40700 ter' REC. 2/25/00 I SURVEYOR'S NOTES PARCEL E 9 — NDICATES FOUND 1' I.P. WITH METAL DISC STAMPED R.C.E. 13095 (RUSH) U62 At I PER PARCEL MAP NO. 20426. P.M.B. 129/49-55, UNLESS OTHERWISE NOTED. I O — INDICATES SET 1' I.P. TAGGED L.S. 4593, FLUSH. rc I 1' NON PIPE TAGGED L.S. 4693, FLUSH; OR LEAD TACK TAGGED L.S. 4693 I IN CONCRETE TO BE SET AT ALL PARCEL MAP CORNERS; OR IF PARCEL CORNER FALLS ON FACE OF CURB. LEAD AND TACK TAGGED LS, 4693 IN TOP Of CURB ON A 0.25' OFFSET, TO BE SET AT ALL FRONT PARCEL CORNERS, EXCEPT AT B.C.'S, E.C.'S, P.R.C.'S THAT ABUT A STREET WHICH ARE NOT PARCEL CORNERS MARKING SIDE LOT LINES; UNLESS OTHERWISE NOTED, ALL MONUMENTS SHOWN 'SET' SHALL BE SET IN ACCORDANCE WITH THE MONUMENTATION AGREEMENT FOR THIS MAP, UNLESS OTHERWISE NOTED. PER PM 20426 PMB INDICATES RED 31 II I I I () THIS PARCEL MAP CONTAIINNSSOUI NUMBERED PARCEL AND 61LETTERED SPARCEM THIS PARCEL MAP CONTAINS 22.210 ACRES. is' of As' I BASIS OF BEARINGS 1m• I I THE BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE OF AVENUE 54 AS II SHOWN ON PARCEL NAP NO. 20426. FILED IN BOOK 129. AT PAGES 49 THROUGH 55 y OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. TBEING NORTH 89'30'13" EAST. 0 100 100 1" 100 0 U09 CITY OF LA QUINTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT Parcel Map 29799 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 2000, by and between KSL Land Corporation, a Delaware Corporation hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Parcel Map No. 29799 (the "Parcel Map") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A" and "B", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty.of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 047 i n T:\PWDEPT\STAFF\LINDSEY\TRACTS\29799\S I Agreement.wpd Page 1 of 6 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shalt be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.6., which require the establishment of evidence of the reliability of the surety or financial institution, 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 improvements0 48 secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). T:\PWDEPT\STAFF\LINDSEY\TRACTS\29799\S I Agreement.wpd Page 2 0 f� 1. 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of 041 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. T:\PWDEPT\STAFF\LINDSEY\TRACTS\29799\S I Agreement.wpd G12 Page 3 of 6 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months. after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not 0 5 0 1 been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, C10 T:\PWDEPT\STAFF\LINDSEY\TRACTS\29799\S I Agreement.wpd Page 4 of 6 and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. 051 014 T:\PWDEPT\STAFF\LINDSEY\TRACTS\29799\S I Agreement.wpd Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk SUBDIVIDER: KSL Land Corporation, a Delaware Corporation 55-920 PGA Blvd. La Quinta, CA 92253 (760)564-7166 By: Date Title: By: Date Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date 052 �1D T:\PWDEPT\STAFF\LINDSEY\TRACTS\29799\S I Agreement.wpd Page 6 of 6 Exhibit A SECURITY - PARCEL MAP 29799 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. The "Engineering & Plans" security will be released when the City has possession of complete, approved, original plans, signed and sealed by a design professional(s), for all required improvements. The "No -Plan Contingency", which may be utilized for any listed item or for other cost found necessary in the design or construction of the required improvements, may be released in whole or part by the City Engineer, at any time after construction plans are complete and the scope and nature of improvements are fully known. These releases shall be separate from and in addition to the reductions discussed below. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Monumentation Construction Subtotal: 2,180 $2,180 Total: $2,180 053 016 AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: October 3, 2000 CONSENT CALENDAR: ITEM TITLE: Adoption of a Resolution Granting STUDY SESSION: Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract 29586, Century PUBLIC HEARING: Crowell Communities Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29586, Century Crowell Communities. None. None. Tract 29586 is located west of Washington Street and south of Avenue 50 within Duna La Quinta (Attachment 1) and consists of 40 residential condominium lots and other lettered lots (Attachment 2). The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. As of September 25, 2000, City staff has not received approval of the Final Map from the City's Acting Surveyor; however, it is expected that a technically correct map will be submitted within the time allowed with its conditional approval. A Subdivision Improvement Agreement (Attachment 3) has been executed by the developer; however, the associated securities have not been received. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and Subdivision Improvement Agreement. The approval is contingent upon receipt, within 30 days (November 2, 2000), of a technically correct Final Map suitable for recording by the County Recorder with all required signatures except for the City Clerk. 054 T APW DEPT\COU NC IL\2000\001003f. wpd Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. The developer has demonstrated to City staff that sufficient progress has been made with the documents required for conditional final map approval. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29586, Century Crowell Communities; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29586, Century Crowell Communities; or 3. Provide staff with alternative direction. Respectfully submitted, ll-,Vf "-- Chris A. Vog Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 055 002 TAPW DEP'RC0UNC IL\2000\001003f.wpd RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT 29586, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps, and WHEREAS, the City Council as a matter of policy allows a subdivider to have city staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items, and WHEREAS, the subdivider has demonstrated to city staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including city staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of city staff, and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration, and WHEREAS, the City Council relies on professional city staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional city staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Tract 29586, is conditionally approved provided the subdivider submits all required items on or before November 2, 2000. 056 F 03 Resolution No. 2000- Tract 29586 Adopted: October 3, 2000 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 with the tentative map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Produced a technically correct drawing of the map area that is suitable for recording by the County Recorder B. Has obtained all requisite signatures on the map title page, except for the City Clerk's signature. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on November 2, 2000. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of October, 2000, by the following vote to wit: AYES: Council Members NOES: None ABSENT: None ABSTAIN: None JOHN J. PEIVA, Mayor City of La Quinta, California 057 004 Resolution No. 2000- Tract 29586 Adopted: October 3, 2000 Page 3 ATTEST: JUNE S. 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RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 29586 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A" and "B", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 063 T:\PWDEPT\STAFF\LINDSEY\TRACTS\29586\S I Agreement.wpd Pfgp�6 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which "the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the 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. 064 T:\PWDEPT\STAFF\LINDSEY\TRACTS\29586\S I Agreementmpd Pagp,2 12 E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Reau is red. 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. 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 065 T:\PWDEPT\STAFF\LINDSEY\TRACTS\29586\S I Agreementmpd Pam II A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 060 T:\PWDEPT\STAFF\LINDSEY\TRACTS\29586\S I Agreement.wpd P 104 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing parry. F. Any failure or delay by either parry in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. 07 T:\PWDEPT\STAFF\LINDSEY\TRACTS\29586\S I Agreement.wpd PaON5�fi� IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: Thomas P. Genovese, City Manager ATTEST: City Clerk Date City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 SUBDIVIDER: Duna Fairways L L C Century -Crowell Communities, a California Limited Partnership 1535 South 'D' Street, Suite 200 San Bernardino, Ca. 92408 (909) 381-6007 By: September 26, 2000 Date Title: G Y Weintraub Asst. Sect. By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date M. T:\PWDEPT\STAFF\LINDSEY\TRACTS\29586\S I Agreement.wpd Pane A of A nj16 Exhibit A SECURITY - TRACT 29586 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. The "Engineering & Plans" security will be released when the City has possession of complete, approved, original plans, signed and sealed by a design professional(s), for all required improvements. The "No -Plan Contingency", which may be utilized for any listed item or for other cost found necessary in the design or construction of the required improvements, may be released in whole or part by the City Engineer, at any time after construction plans are complete and the scope and nature of improvements are fully known. These releases shall be separate from and in addition to the reductions discussed below. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Descri tp ion Grading (On -site) Performance 33,000 Labor & Materials 33,000 Streets & Storm Drainage (On -site) 292,851 292,851 Domestic Water 130,700 130,700 Sanitary Sewer 34,660 34,660 Perimeter & Geo-grid Walls 452,720 452,720 Dry Utilities/Electrical 52,704 52,704 Monumentation 5-000 _ 0 Construction Subtotal: $1,001,635 $1,001,635 Engineering & Plans (20% of Construction) 200,327 No -Plans Contingency (25% of Project) 300,490 Total: $1,502,452 069 ^17 0 T4ht 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: October 3, 2000 CONSENT CALENDAR: ITEM TITLE: Adoption of a Resolution Granting STUDY SESSION: Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract 29421, KSL Land PUBLIC HEARING: Corporation Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29421, KSL Land Corporation. None. None. Tract 29421 is located on the east, south and north sides of PGA Boulevard at the street's southern terminus within PGA West Specific Plan 83-002 (Attachment 1) and consists of four commercial, residential and common lots (Attachment 2). The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. As of September 25, 2000, City staff has not received approval of the Final Map from the City's Acting Surveyor; however, it is expected that a technically correct map will be submitted within the time allowed with its conditional approval. A Subdivision Improvement Agreement (Attachment 3) has been executed by the developer; however, the associated securities have not been received. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and Subdivision Improvement Agreement. The approval is contingent upon receipt, within 30 days (November 2, 2000), of a technically correct Final Map suitable for recording by the County Recorder with all required signatures except for the City Clerk. 0!0 TAMDEMCO U NC I L\2000\001003c. wpd Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. The developer has demonstrated to City staff that sufficient progress has been made with the documents required for conditional final map approval. The alternatives available to the City Council include: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29421, KSL Land Corporation; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29421, KSL Land Corporation; or 3. Provide staff with alternative direction. Respectfully submitted, / //I- a �' < Ch s A. Vogt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 071 002 TAPW DEPT\COUNCIL\2000\001003c.wpd RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT 29421, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps, and WHEREAS, the City Council as a matter of policy allows a subdivider to have city staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items, and WHEREAS, the subdivider has demonstrated to city staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including city staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of city staff, and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration, and WHEREAS, the City Council relies on professional city staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional city staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Tract 29421 is conditionally approved provided the subdivider submits all required items on or before November 2, 2000. 072 003 Resolution No. 2000- Tract 29421 Adopted: October 3, 2000 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 with the tentative map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Produced a technically correct drawing of the map area that is suitable for recording by the County Recorder B. Has obtained all requisite signatures on the map title page, except for the City Clerk's signature. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on November 2, 2000. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of October, 2000, by the following vote to wit: AYES: Council Members NOES: None ABSTAIN: None JOHN J. PENA, Mayor City of La Quinta, California 073 O04 Resolution No. 2000- Tract 29421 Adopted: October 3, 2000 Page 3 ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Sea[) APPROVED AS TO FORM: M. KATHERINE JENSON , City Attorney City of La Quinta, California 005 r TRACT NO. 29421 ATTACHMENT 1 �w �w w� w� AVENUE 54 w d � 0 Q TRACT NO. 29421 AIRPORT BLVD. 0 0 e o� l I:\51320\MAPPING\TR29421\VICINITY 9 120 - v w ATTAGH 2 his. 64 Rai 7 U ��bw � yyF� �gx•y�QS� �� y �� lad �a y yp N Soy J F05 W W°< Ad p3 OC �Dgi�ijc At a FEW 012;� T "3m R goo m v{ y `i12S �9F 23o K "EIS <° N q§�> lz o_i m� b m 6G ; S i i a0o ""� F 3 z<wrc g� i 1' °1p� O SIM AN, HEM Mwl b ti eay� o hm oa 28 o� 4 MN �,Zo="rc�i gay a��< 3�aGU i3%� iu YE m Y m Y m Z '08 SHEET 3 OF 4 SHEETS IN THE CITY OF LA QUINTA. COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 29421 BEING A SUBDIVISION OF PARCELS 1, 2, AND C OF PARCEL MAP NO. 24995, AS FILED IN BOOK 165 OF PARCEL MAPS, AT PAGES 49 THROUGH 55. INCLUSIVE; AND LOTS F. G. X, AND Y OF TRACT NO. 28444, AS FILED IN BOOK 271, AT PAGES 57 THROUGH 62. INCLUSIVE OF MAPS; IN THE OFFICE OF THE COUNTY RECORDER, RIVERSIDE COUNTY, CALIFORNIA. MDS CONSULTING OCTOBER, 1999 GARY W. DOKICH L.S. 4693 PA iFl 4 \ r. M ro. m4m PAu mis-ae \ SCALE 1"-200• I65'I 65' (272k9l N 89'70111 la 7 - I? I 8 \ \cD ?V FO. 1' I.P., NO TAG, NO REF. ACCEPTED AS PARCEL CORNER SET TAG LS. 4693 VqJ —FOUND NOTHING F FD, I' I.P., R.C.E. 3348 PER P.M.B. 165/49-55 N SB'Voll (499.9T) PARCEL 7 R M. NO, 20426 P.MS. 120/40-65 fS P.NC. NLSAIL, NO/693 TAG, NO REf. / SET TAL NORM 14 CORNER. s6cna+ 21 -- --- 7 I; —�\----- La 44A01 AC, /�----------- -- I� I I / \ I SEE SNEET NO. 4 L1, mSEE DETAIL 'C' AIM 10 5 Ri NERFON _ QI= 8 / I IL I Nljgp" I L3.11 / K ati 3 TF�. 2549f)-4 MS' 23-1173-76 E �T I s¢ oETq _A' eELa6 IFFY i1ER[ox�� A ��YQ1=56.17' R144500• L250305� PGA BOULEVARD C U7w PARCEL -1 \ 2 i / \; / 96-430730 MB, C ' R.S. 70/66-f�3 4 �l WEISKOPF !N 7/,J77AC� (MNA1L W714LK17 \ 01- Cc DETAIL "A" N - NO SCALE \ O \ T to. DETAIL "B" 00 SCALE - CURVE TABLE I ( 452011' 26AN' 2OLV 108.94' )' 2 (4914'47 3BS.W 3MV 176.45' ) 3 ( 771901' 2" 364A9 MIT ) i. 4 ( 626'37' 144OW 161.95, BIA6• ) 5 (19Y4 a S" 16711, 0CW) 6 ( 921257 45W 7247 > 46.77' 7 ( 39.41'W 24M 16.98• B84') 8( 8'Q' 02 527M 4.4r 221'> 9 11'08'S1' SWAT 97A7' 48.99 10 4745.4r 63M 401V 25-V II U4W4r BLOT 162.43' 126.89• 12 TI7B5i' 557AT IN37 5CW 13 65V W 583T 664r 37-V 14 30.1314' 502AT 264JT 135.55' 0 IOU 200 400 600 800 4 FOUND N� 7� y 0;. AC. I I L \ ear ® DETAIL T' 2J - NO SCALE - K ICI / 4 / ES —TT 2 b_BELOW LEFT NERON LOT 36 LOT I \ TR. 21643 /\ MB 203/37-50 \ f 36 %\ 1.33') 35 20•I54'1 'V) 2LLW�346444 \ ' N FD. 1 I.P, RO.E. 341 .`33 .B_ 165/49J55y 42 43 6E j� \ I LOT 34 "(' . 444 so ��Z TR.21o43 ` 20 �o ' MB 2D3/37-50 B3 �O 17-(62 m' 2 EAsoEHTS 10 - INDICATES A 10.00 FOOT EASEMENT FOR PUBLIC UTILITY PURPOSES DEDICATED TO IMPERIAL IRRICAT04 DISTRICT ©- INDICATES A 10.00 FOOT EASEMENT FOR PUBLIC UTILITY PURPOSES DEDICATED TO CITY OF U GWA IQ EASEMENT FOR A WATER PIPE LINE. N FAVOR OF ME DATED STATES OF AMEBCA RECORDED J)NE 9. 1949 N BOOK 1001. PAGE 208 OF OFFICIAL RECORDS. QEASEMENT FOR A WATER PIPE LINE AND APPURTENANCES, N FAVOR OF THE UNITED STATES OF AMERICA. RECORDED SEPTEMBER 23. 1949 IN BOOK 1110, PAGE 270 OF OFFICIAL RECORDS. Q3 EASEMENT FOR WATER PIPE MINES, N FAVOR OF K.E. ENSLOW, RECORDED NOVEMBER 16, 1951 IN BOOK 1319, PAGE 507 OF OFFICIAL RECORDS. QI EASEMENT FOR AN ANCHOR, N FAVOR OF IMP .AL NRN;ATIN DISTRICT, RECORDED JANUARY 2Q 1952 N BOOK 1337. PACE 102 OF OFFICIAL RECORDS QS EASEMENT N FAVOR OF THE UNITED STATES OF AMERICA, RECORDED MARCH 7, 1952 N 800K 1J48, PACE 62 OF OFFICIAL RECORDS. Q6 EASEMENTS, CONDITIONS ANO RESERVATIONS IN FAVOR OF ME CITY OF LA OANTA RECORDED APRIL 19, 1995 AS INSTRUMENT/FILE NO 8M29 OF OFMAL RECORDS Q7 EASEMENT FOR A PIPE LINE. IN FAVOR OF CDACHELLA VALLEY WATER DISTRICT, RECORDED NOVEMBER 6, 1955 AS INSTRUMENT ND 250650 OF OFFICIAL RECORDS 88 EASEMENT FOR A PPEUME, N FAVOR OF COAOIELLA VALLEY WATER DISTRICT. RECORDED NOVEMBER 4 INS AS INSTRUMENT NO. 253262 OF OFFICIAL RECORDS 9 EASEMENT FOR VEHICULAR AND PEDESTRIAN ACCESS AND INGRESS AND EGRESS. N FAVOR OF LANDMARK LAND COMPANY, RECORDED AUGUST 15. 1990 AS INSTRUMENT NO 301012 OF OFFICIAL RECORDS (BLANKET N NATURE) 10 EASEMENTS N FAVOR OF KSL DESERT RESORTS, INC, PER DEEDS RECORDED APRL S. 1996 AS INSTRUMENT NOS 125662 AND 125663 OF OFFICIAL RECORDS (BLANKET IN NATURE) 11 EASEMENTS FOR INGRESS AND EGRESS, IN FAVOR OF CENTEX HOMES, ^ RECORDED OCTO)ER MOFFICIAL , 19" AS INSTRUMENT NO. 455M OF RECORDS. QEASEMENT FOR PUBIC UTLI7ES N FAVOR OF GTE CALIFORNIA INCORPORATED, RECORDED ,NINE 7, 2000 AS INSTRUMENT NO. 2000-216815 OF OFFICIAL RECORDS SEE SHEET 2 FOR SURVEYOR'S NOTES AND BASIS OF BFARMS 078 r` i O L CURVE TABLE )6 DELTA RADIUS ARC LET Im 1 (IT0473• 50200 167.11' 84.34') 2(92'12'57 45W' RAT 4677' 3 <39'4154' 24-V 16.W 984') 4 ( 078.47' 527.00' 4.41' 221' > 5 SP34.4B' 4000 3531' 18.90' 6 5P34'49• 61W 52.97, 2935' 7 3152'37' 25W 1391' 7.14' 8 43'4Y42' 63W 49.12' 25X 9 15'5329' 3090' 932' 4.17 UI 50.34.49• 70M 61W 33W' 11 lm'arar 15W 47Al 12 QW21' 69W 7627' 42.57' 13 241971' /I2Y 1697' 961' 14 261677' 4L00 1934' 9.34' 15 360ODV 45W 282-74' IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 4 OF 4 SHEETS TRACT NO. 29421 1 BEING A SUBDIVISION OF PARCELS 1, 2, AND C OF PARCEL MAP NO. 24995, AS FILED IN 44MX 0°ASq BOOK 165 OF PARCEL MAPS, AT PAGES 49 THROUGH 55, INCLUSIVE AND LOTS F, G, X, AND Y OF M3 TRACT NO. 28444, AS FILED IN BOOK 271, AT PAGES 57 THROUGH 62, INCLUSIVE OF MAPS; IN THE OFFICE OF THE COUNTY RECORDER, RNERSIDE, STATE OF CALIFORNIA N es aru• M / MOS CONSULTING OCTOBER, 1999 GARY W. DOKICH L.S. 4693 5491• / 16 4643'31• 30m 24.4P 12.% A %& °yy B SEE SHEET NO. 3 17 40'02'14' SBBP 4953' aJY I9W' 1900 90U1571' Aw 1246 AC 1m6 AG 19 KTVW 360P 6.31' 316' 2014914911, SAD' 1207' I8S4' .pt. C T 21 91T3'N' War 159Y TO& d �,' 1 b. 14E8 AC i I 23 69�41' 2W 53L6rt•" 25..19W .B \1m1 At ryAe I 24 43.15'42' 75N 572W 30.12' � At 25 51.4044• 2500 2569' 14& �/ \� e. L 26 20'00121Y 40.ar 13.97' 7.06' 27 39'3/28' 4990'2134'19 2e 3r,e5r s95v 345344V 17 .79 DETAIL "D° L 29 ]IM3'36' SB50' 3Lm' 16.3Y _ NO SOAF _ `\ 12% AC i i �' IT W 90'WW IfiVV 2946' IBSO' R n ti/ 2:87 0p7p - ../ aT� I FASELII�TT$ (s7 � e SCALE 1"-40' 0 - INDICATES A 10.00 FOOT EASEMENT FOR PUBLIC UTILITY PURPOSES DEDICATED N K �'r ,- IMPERIAL HBiMAipN DISTRICT. Lm7 At Lam, N e �\\ 0=47'21. 4' i'�d)' I - SR GRAIL 'C AT LET NEAEM ©- INDICATE A 10.00 FOOT EASEMENT FOR PUBLIC UI91IY PURPOSES DEDKAlEO TO �ie7g, 1 0.=BI. 00• L I �- i -66 CRY OF U WNNTA R4p ® A8 162 43" $• r ✓ I Y �' R' INDICATE AN EASEMENT FOR SERVICE AND EMERGENCY VENCLES DEDICATED i0 t ©- CITY OF U GUINTA �'7 am AL °° 3>R by,00' l'I W. 20' I 239 At QEARAD SEMENT FOR A WATER PIPE LINE AND APPURTENANCES, IN FAVOR OF THE LMITED STATES /v* �p o OF AMERICA RECORDED SEPTEMBER 23 1949 IN BOOK 1110 PAGE 270 OF OFACIAL RECORDS i' DETAIL C 9 EASEMENT FOR VEHICULAR AND PEDESTRIAN ACCESS AND INGRESS AND EGRESS, IN FAVOR' OF LANOMARK LAND COAPANY, RECORDED AUGUST 11. 1990 AS INSTRUMENT NO. 304012 - NO SCALE - RAp-ppt OF ... RECORDS. (BLANKET IN NATURE) N 83'4V t2, D 10 EASEMENTS IN FAVOR OF KSL DESERT RESORTS, INC., PER DEEDS RECORDED ARIL 8, I 24 6146 y ' 1� 7�p/e p 1996 AS INSTRUMENT NOS. 125662 AND 125663 OF OFFICIAL RECORDS. (BLANKET IN NATURE) ` I I H69• .i7/aT Z U EASEMENTS FOR INGRESS AND EGRESS, IN FAVOR OF CENTEX HOMES, I /w. F M �/ N 50'3651' E RECORDED OCTOBER 28, 199H AS INSTRUMENT NO. 465909 O OFACIAL RECORDS. '•' / ' ITN AG 723' SEE MAILb' a � 12 EASEMENT FOR PUBLIC UTILITIES, IN FAVOR OF GTE CALIFORNIA INCORPORATED. RECORDED ,� iBaf LEFT MFREON JUNE 7, 2000 AS INSTRUMENT NO. 2000-216815 OF OFFICIAL RECORDS.SEE SHEET 2 FOR SURVEYORS NOTES AND BASIS OF BEARINGS 44A1 W. 4m All A s 9p a . R4 `a y � Gp. �4��' tlj `4°E.� •g+`',' �O 5� jir'' � ,3I tea\ �� \YR AGell um w- "A" DETAIL NO SCALE - 4 'St PARCEL 'ET' a'a p0 c ° ga 4a k ate° h � MAP No ND . 2d P.M.B. iC35/ Dd-55 rxzrzA '� 4 A_AM DEFT HEREON Us AG p y a BOULEVARD � 3C (PRIVATE ST11�T) V�, V�VI a i LOTH 1;. �7 WEISKOPF CA048pALJ \ \ \ \ (ANNALS[ Y1RLLn Wb9q'4"C --- �LOTK� pNrp1T,'�rD W \ \ LDT I a�Nm 60 T44 r774 / \ \\ MS.21 5 , 66 \ / \ 0 20 40 2-1 90 120 160 H SFF DOAIL '1 _111 To IMilt N[AcoN��• \/ 162E k I ��A• f+ �,(S> -- \ } ` G4Y, �+ 37 O 87-34'39'V e333•> I \ TRACT NO, 28080 ,M.S. 270/87-03 LOT 34 TR.2'1643 MS 203/37-W II \ \ it ; 4 CD1 WN6 At 40 § E U34 Le 162i AG +LI'� �• `ay G \ 1217 AC.'�' \ DETAIL "8 \ - NO SCALE - ATTACHMENT 3 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT Tract 29421 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 2000, by and between KSL Land Corporation, a Delaware Corporation hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 29421 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A" and "B", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 090 012 T:\PWDEPT\STAFF\LINDSEY\TRACTS\29421\S I Agreement.wpd Page 1 of 6 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 081 T:\PWDEPT\STAFF\LINDSEY\TRACTS\29421\S I Agreement.wpd 013 Page 2 of 6 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 082 PJ14 T:\PWDEPT\STAFF\LINDSEY\TRACTS\29421\S I Agreement.wpd Page 3 of 6 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure: In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not O 8 3 been performed within sixty (60) days after written notice of default from City, then City may perform the obligatioA, i T:\PWDEPT\STAFF\LINDSEY\TRACTS\29421\S I Agreement.wpd Page 4 of 6 and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect. and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. T:\PWDEPT\STAFF\LINDSEY\TRACTS\29421\S I Agreement.wpd Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk SUBDIVIDER: KSL Land Corporation, a Delaware Corporation 55-920 PGA Blvd. La Quinta, CA 92253 (760)564-7166 By: Date Title: By: Date Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date �-17 T:\PWDEPT\STAFF\LINDSEY\TRACTS\29421\S I Agreement.wpd Page 6 of 6 Exhibit A SECURITY - TRACT 29421 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. The "Engineering & Plans" security will be released when the City has possession of complete, approved, original plans, signed and sealed by a design professional(s), for all required improvements. The "No -Plan Contingency", which may be utilized for any listed item or for other cost found necessary in the design or construction of the required improvements, may be released in whole or part by the City Engineer, at any time after construction plans are complete and the scope and nature of improvements are fully known. These releases shall be separate from and in addition to the reductions discussed below. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading (On -site) 2,406 2,406 Streets & Storm Drainage (On -site) 100,503 100,503 Striping & Signing (On site) 4,409 4,409 Monumentation 4,880 0 Construction Subtotal: $112,198 $112,198 Engineering & Plans (20% of Construction) 22,440 No -Plans Contingency (25% of Project) 33,660 Total: $168,298 CJ8 TWit 4 4Qgmrw AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: October 3, 2000 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Approval of a Certificate of Appropriateness to Allow PUBLIC HEARING: a Wood Patio Cover on Front of a Restaurant Located at 78039 Calle Estado. Applicant: El Ranchito Restaurant (David and Alma Cetina) RECOMMENDATION: Approve Certificate of Appropriateness 2000-005, subject to findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The building is a City -designated historic structure built in 1936. The entire building is being utilized as a restaurant, but in the past has been used for various commercial businesses. The one story building has painted brick walls, with a low pitched gable and shed roof covered with red clay tile. Across the east side of the front of the building is a canvas awning patio cover and short steel picket fence that was installed approximately two years ago. The La Quinta Charter and Municipal Code requires that additions to designated historic structures obtain approval from the City Council. This also requires review and recommendation from the Historic Preservation Commission. Proposed Addition: The applicant's proposal is to construct two freestanding wood trellises (Attachment 1). The trellises would be separated by the middle set of existing doors. The easterly trellis would be horizontal below the existing wall sign, while the westerly trellis would follow the slope of the shed roof. A short slumpblock/iron railing scalloped wall would P:\STAN\coa 2000-005 cc rpt.wpd 087 enclose the outdoor area. The proposed patio would be constructed out of wood with ten 6" by 6" posts clad in plaster supporting the cover. The easterly column has been moved inward from the edge of the building to minimize impact and show more of the building. The cover will not be attached to the building, with a one inch separation from the building provided. The City proposed improvements for Calle Estado, will allow the patio cover to now extend to the property line where currently a four foot sidewalk plus the patio exists. The applicant is working with the Public Works Department in regard to the design and size. Discussion: Pursuant to La Quinta Charter and Municipal Code Section 7.08.030, the request can be approved if, and only if, it is determined: 1. That the proposed work would not detrimentally alter, destroy or adversely affect any architectural or landscape improvement. RESPONSE: The two trellises are compatible with the existing building and minimize the impact on the facade while providing the protection the applicant desires. 2. If the owner of the designated historic site or landmark demonstrates that such property cannot be economically used and denial of a permit would deprive the owner of all or most of his economic interest in the property, the City Council may issue the permit with an effective date 180 days from the issuance of the permit to allow time for the investigation of alternatives to the work proposed in the permit application, such as acquisition of site improvement by the City or a public interest group. RESPONSE: The trellises patio cover is needed to provide a shaded area for dining. 3. In the case of construction of a new improvement upon a historic site, that the exterior of such improvement will not adversely affect and will be compatible with the external appearance of existing historically designated improvements on said site. RESPONSE: The trellis allows the existing building to be the primary focus. While using two trellises lightens the appearance of the proposed construction, the character -defining features of the historic building are not obscured with the size and scale of the revised design. 002 P:\STAN\coa 2000-005 cc rpt.wpd 088 4. That the applicant has presented clear and convincing evidence of facts demonstrating to the satisfaction of the City Council that such disapproval will impose immediate and substantial hardship on the applicant because of conditions peculiar to the person seeking to carry out the work, whether this be property owner, tenant, or resident, or because of conditions peculiar to the particular improvement, or other feature involved, and that approval of the application will be consistent with the purposes of the permit procedures. RESPONSE: The proposed addition as redesigned complies with the recommended Secretary of the Interior's Standards for the Treatment of Historic Properties. Historic Preservation Commission Review: The Historic Preservation Commission (HPC) considered this request at its meetings of July 27, 2000, and September 21, 2000. At the July, 2000, review the HPC requested the plans be restudied because the single, the roofed trellis was too overpowering for the building. At the September 21, 2000, meeting, the HPC reviewed the revised plans described herein and adopted Minute Motion 2000-019, on a 4-0 vote, recommending approval, subject to the following conditions: 1. Accurate, scaled drawings of the proposed construction, with color and material samples shall be submitted to the Community Development Department for approval prior to issuance of a building permit. 2. The column material and finish shall match that used on the building. 3. The westerly columns shall be moved easterly away from the edge of the building to match the distance between the edge of the building and the easterly columns. The HPC meeting minutes are attached for your review (Attachment 2). FINDINGS AND ALTERNATIVES: Findings necessary to approve can be made as noted above. The alternatives available to the City Council include: 1. Approve Certificate of Appropriateness 2000-005, subject to the attached Findings and Conditions of Approval; or 2. Deny the request; or 3. Continue the request and provide staff with direction. P:\STAN\coa 2000-005 cc rpt.wpd 003 089 Respectfully submitted, -ry merman mmunity Development Director Approved for submission by: Thomas P. Genovese, 6ity Manager Attachments: 1. Proposed plan exhibit book (bound book) 2. Historic Preservation Commission minutes for the meeting of September 21, 2000 P:\STAN\coa 2000-006 cc rpt.wpd 004 090 ATT`ACH EN;T••1; ' 1 1 WO v 1 h v I Y �::11111111111111i �� Irrrrllrlrllli '"Jill 11111111111 ,e111.��-111111111i 111111111111111 `�� 111111�i��!�1111 %IIIIIiill�i111 1�i1111111111111�i �¢ %R4�IIIIIIilllli �' %IIIIIIIII Ilili o` It mmmmm�:I b9I 3 rl v 093 008 ATTACHMENT 2 Historic Preservation Commission Minutes July 27, 2000 A. Certification of Appropriateness 2000-005, a request to allow a wood patio cover with a tile roof on the front of a restaurant located at 78-039 Calle Estado. Applicant: El Ranchito Restaurant - David and Alma Cetina. 1. Planning Manager Christine di lorio presented the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Wright asked if the applicant would like to address the Commission. David Cetina, owner of the El Ranchito Restaurant, gave a brief history of the restaurant and the improvements made over the years. The canvas cover was erected as a temporary patio cover; however, due to problems with the wind and high maintenance, he wishes to put up a more permanent structure as it is used extensively. He proposes to construct a wood beam structure with tile. 3. Chairman Wright asked Mr. John Weidenhamer, a local artist who was working with Mr. Cetina, for his opinion on altering the facade of the building. Mr. Weidenhamer stated he had reviewed the drawings and the wood beam structure would be more attractive than the canvas as it would blend better and not block the roof gable ends. They would still be seen above the shed roof as well as the front of the building. Almost none of the building would be hidden. He did not think the design changed the facade, but was simply installing a replacement for the canvas patio cover that was already there. 4. Commissioner Mitchell expressed his dislike of the current canvas covering and agreed with staff's decision, based upon the Secretary of Interior's Guidelines. He also wondered if some compromise could be made to adequately address staff concerns to come up with a design that satisfies both the Secretary of Interior's Guidelines and would be cost-effective for the applicant He wondered if there were any other design possibilities besides the current proposed cover. 5. Mr. Cetina replied he had chosen this design because it was simple and with the open ceiling the tile would give the cover a rustic look. PACAROLYNWC7-27-OO.wpd -2- 094 0001 Historic Preservation Commission Minutes July 27, 2000 6. Commissioner Mitchell commented that the structure was not appropriate for the style and period in which the building was built. He wondered if there was anything that could be done that wouldn't impact the feeling and design and stay within the guidelines of this structure. 7. Mr. Cetina pointed out he had chosen the wood trellis because this' would be more harmonious with this architectural style than a stucco design. 8. Commissioner Mitchell stated it's the feeling of this structure that is of concern to staff and asked if a historic architect had been consulted. It was his opinion the Commission should have an opportunity to consider other alternatives. 9. Commissioner Irwin commented that she approved of the improvements the owner has done so far; even the temporary canvas cover was attractive because it did add some color to the building and was maintained well. However, the newly proposed patio cover seemed very massive for this size building. She thought it would be better if it wasn't a solid roof. She gave an example of an entryway at the La Quinta Hotel. There is ten years difference in the age of the buildings, but the many alterations blend so well it doesn't appear as though it has been altered at all. It maintains its integrity. Her concern was if a massive roof covering was installed on this size building, it would lose the integrity of the building. She also suggested adding some openness. 10. Commissioner Puente agreed and stated the building has a very simple form, similar to the Old Spanish style, and the overhang is more like a Southwest style. It would appear as though the two styles are trying to clash. She suggested designing something with arches. PACAR0LYN\HPC7-27-00.wpd -3- 095 010 Historic Preservation Commission Minutes July 27, 2000 11. Chairman Wright expressed concern that this is a historic building, but this business is one of the few businesses in the Village area that had been around for a long period of time. In his opinion the patio was financially important to this business. He said he realized that it was a historic structure and recalled all the time spent on the Historical Society Museum and the Veterinary Hospital (the old lumber yard) making sure they were refurbished close to their original style. He asked Planning Manager di lorio about the Secretary of Interior's Guidelines and if the patio cover had to look exactly like the building or if it could be of a different style. 12. Planning Manager di lorio replied it was not necessary to match the historical structure. The Commission was concerned with the addition's massiveness, scale and its architectural integrity as it does stand on its own. One of the alternatives discussed was possibly breaking up the massiveness by having two structures. The goal was not trying to replicate, but to be compatible with a contemporary look; keeping in mind the character -defining features. 13. Chairman Wright asked if it made any difference that the canopy was not attached to the building? Planning Manager di lorio answered it did not. One of the initial concerns was the structural integrity of the building and the applicant has been very sensitive in re -designing the awning without touching the historic building. 14. Chairman Wright said he would like to see another design other than the canvas since it does not provide protection from the heat; Whereas, tile, or a solid structure would provide some protection as the patio is used year-round. 15. Commissioner Irwin disagreed, saying she has a solid roof patio covering on her house which retains the heat, even with fans. She maintained the addition of the patio cover would not make the patio more useable year-round because of the intense heat in June, July and August. 16. Chairman Wright commented that no one would be able to sit outside during those months, but he wanted to work hard with this business to make this thing work. He suggested the Commission and staff provide the applicant with some additional 096 ideas as well as the applicant look at hiring a historic architect. 011. P:\CAROLYN\HPC7-27-OO.wpd -4- Historic Preservation Commission Minutes July 27, 2000 17. Planning Manager di lorio reiterated staff's position and added there will be a funding program, starting in September for businesses in the Village Commercial area. This would provide the applicant with additional funds to cover the cost of hiring a historic architect. 18. Chairman Wright asked if the applicant was aware of the program. 19. Mr. Cetina stated he had received something from the City regarding a Commercial Property Improvement Program but had not had time to review it. 20. Planning Manager di lorio informed the applicant a presentation would be given at City Hall that evening. She offered to provide him with a brochure and another copy of the letter, at the end of the meeting. 21. Chairman Wright reiterated his support for all the commercial businesses in the Village area that the Commission work as close as possible to support them as the City is working very hard to revitalize the Village. He then asked staff what the Commissions options would be. 22. Planning Manager di lorio gave three alternatives: 1. Take action on staff's recommendation; 2. Deny the application as submitted; or, 3. Continue the request and ask that the applicant work with staff to reach a solution based on the Commission's direction. 23. Chairman Wright stated he would prefer to continue the project as he did not want to deny it. 24. Commissioner Irwin stated she didn't want to approve, the application as submitted and compromise the high standards the Commission has worked hard to maintain. The historic preservation of La Quinta is important and in this instance she did not want to compromise the integrity of the building. In her opinion the design did damage and obstruct the architectural features of the historic structure. P:\CAROLYN\HPC7-27-00.wpd -5- 097 o n Historic Preservation Commission Minutes July 27, 2000 25. Commissioner Mitchell agreed and stated the role of the Commission was to assist people, but in this instance after looking at the proposed patio cover plan he thought there could be an alternative. The structure was built in the 30's. If it had been constructed in 1936, what would they have built? He suggested, the applicant use vines to soften the facade which could be trained to cover the top. This could create a problem with maintenance in terms of leaf droppings. He too, concurred with continuing this item to allow the applicant to come up with some viable alternatives. 26. Mr. Cetina told the Commission he had first considered building stucco columns in the front and then decided it was going to be too massive. He then considered lattice, and then metal. He then decided on wood posts since they were a lot nicer than the canvas and would be more compatible with the building's design style. 27. Commissioner Mitchell suggested the applicant might want to go to some archives like the Library of the Historical Society and look at some old pictures of buildings of the 1930's to get an idea of what was used in that time period and would be better suited for his use. 28. Chairman Wright asked Planning Manager di lorio if she remembered the patio cover on the back of Tradition that was approved by the Commission and what type of construction was used. Planning Manager di lorio stated it was post and beam construction. Chairman Wright asked if that was an alternative. Planning Manager di lorio answered it was. 29. Mr. Weidenhamer asked if the current design plan utilized post and beam construction. 30. Planning Manager di lorio replied it was, but had some tile work as well. She then read the letter about the Commercial Improvement Program and verified the time and date of July 271h, at 6:00 p.m. in the Council Chambers. PACAROLYN\HPC7-27-OO."d -6- 098 013 Historic Preservation Commission Minutes July 27, 2000 31. Chairman Wright reiterated his support to maintain the integrity of every structure by maintaining the architectural guidelines of structures built in their time period, but recommended continuing this project to give the applicant time to work with staff to redesign the patio cover. He felt it was necessary to be very sensitive due to the possibility of additions to the Historical Society or the Veterinary Hospital. The situation would be similar and the Commission would have some guideline to follow. 32. Commissioner Irwin suggested the applicant visit the Walter Morgan House or the Cyrus Pierce House to see what type of patio structures were used. 33. Planning Manager di lorio said the Cyrus Pierce House has a different type of roof line. It has a patio with a covered area, but is a side -facing gable so it just extends off of the gable whereas, the restaurant has a unique roof pitch with the front facing gable and attached shed roof design. The Morgan House is in the back and was a later addition in the Monterey -style. 34. Mr. Cetina asked for direction on design guidelines. 35. Chairman Wright had suggested Mr. Weidenhamer might be able to help with the architectural designs as he was familiar with the building's construction. 36. Commissioner Mitchell suggested the applicant look at other Spanish -style structures, outside the Valley, to see what patio structures could be designed that would keep the feeling, association, and integrity of the historic structure. 37. Mr. Cetina referenced buildings he had seen in Mexico as this was where his concept had originated from. That type of architecture did not have anything underneath the beams. You can see the tile. Some of the homes are that way with lattice and tile on top. 38. Chairman Wright commented that style was the trend and he liked the look. He wasn't so concerned with the style as the problem of protruding into the street, looking directly at the building,, having the patio cover take away from the lines architecturally. This build.ing is one of the only three historic commercial 099 structures left in the Village area. He suggested the applicant take advantage of the meeting scheduled for that evening. 014 P:\CAROLYN\HPC7-27-OO.wpd -7- Historic Preservation Commission Minutes July 27, 2000 39. There being no further discussion, it was moved and seconded by Commissioners Irwin/Mitchell to continue this item to the meeting of September 21, 2000, to give the applicant an opportunity to attending the Commercial Property Improvement Program meeting and prepared revisions for the Commission. Unanimously approved. B. Finlal Report on ArchaeologicalMonitoring T • located on the orth bank of the Whitewater River Storm Channel between Washi ton Street and Adams Street. Applicant: Century -Crowell Commu 'ties (Sienna Del Rey) - Archaeological Consultant: Archaeolo ical Advisory Group (James Brock). 1. Planni g Manager Christine di lorio presented the staff report, a copy o which is on file in the Community Development Departm nt. Staff passed out additional information regarding submissio of materials for City curation: a. "Coll_ ted cultural/paleontological resources will be deliver to the City prior to issuance of first building permit for the operty, properly packaged for long term curation, in polye ylene self -seal bags, vials, or film cans as appropriat all within acid -free, standardsize, comprehen ively labeled archive boxes. Materials will be accompanie by descriptive catalogue, field notes and records, prim y research data, and the original graphics." Planning Manager di I rio expressed concern as to the timing of the curation materials hick might have to be further along in the process than at the buil %ing permitperiod because there may be more time needed to de final report. She will pursue this further with the City's Bing & Safety Department. 2. Commissioner Mitchell had n`p objections. 3. Commissioner Irwin had no o 'ection with the monitoring, but questioned the new material that talked about properly packaging the final report for long-term cura 'on as she did not think staples should be used in the reports. 100 PACAROLYN\HPC7-27-OO.wpd Historic Preservation Commission Minutes September 21, 2000 DRAFT C. Certificate of Appropriate 2000-001: located at 78-039 Calle Estado to allow a wood patio cover on front of the restaurant. Applicant: El Ranchito Restaurant, David and Alma Cetina. 1. Planning Manager Christine di lorio presented the staff report, a copy of which is on file in the Community Development Department. She added Condition #3 should be deleted; as the intention was to have the trellis sloped. 2. Commissioner Sharp asked if it was a tiled, or open beam roof. 3. Planning Manager di lorio replied it was open beam. 4. Commissioner Sharp commented on the one -inch separation from the building. He was concerned dead insects or vegetation could accumulate there. He asked why it was not six or nine inches for greater separation and easier maintenance. Commissioner Sharp asked if modifications could be made to correct this. 5. One of the owners, Mr. David Cetina, was in attendance and replied he could bring in the columns nine or ten inches towards the center. 6. Commissioner Irwin mentioned the new plan was a great improvement. After the last meeting she visited the site since she wanted to give more consideration to the owner. She looked at the real estate office on the corner with the solid roof and realized the new design would look better as it softened the exterior and complemented the building. 7. Commissioner Sharp asked if the columns were round as opposed to square. 8. Mr. Cetina replied they were not totally round, the corners had been cut down. 9. Commissioner Mitchell said this was a grand improvement, from the previous plans and agreed with staff's recommendation to proceed. 101 010 Historic Preservation Commission Minutes September 21, 2000 10. Commissioner Sharp asked if vines would eventually covering the top of the structure. 11. Mr. Cetina replied that would be nice. He was considering going ahead with that option. 12. Chairman Wright stated it was a greatly improved project and complimented staff on working to get this done for the owner. He said he thought it was going to be a beautiful cover and said he had no problem with the project. 13. There being no further discussion, it was moved and seconded by Commissioners Mitchell/Sharp to adopt Minute Motion 2000-020 recommending approval of the requested addition to the restaurant subject to the following conditions: 1,2, and 4. Unanimously approved. 102 017 T4ht 4 4 Q" COUNCIL/RDA MEETING DATE: October 3, 2000 ITEM TITLE: Acceptance of Improvements Associated with Parcel 28935, J.P.W Construction AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept improvements to Tract 28935 and authorize staff to release security upon receiving warranty security. None. None. This subdivision is located south of Ave 50 and east of Park Avenue (Attachment 1). All improvements are now complete and other obligations of the Subdivision Improvement Agreement have been satisfied. Attachment 2 is a spreadsheet indicating security to be released after the City receives the warranty security. The alternatives available to the City Council include: 1 . Accept improvements to Parcel 28935 and authorize staff to release security upon receiving warranty security; or 2. Provide staff with alternative direction. 103 TAPW D EPT\CO U NC I L\2000\001003g. wpd Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Security Outline 104 T:\PW DEPT\COUNCIL\2000\001003g.wpd 002 ATTACHMENT 1 VICINITY MAP 105 M v T:\PWDEPT\COUNCIL\2000\001003g.wpd ATTACHMENT 2 PARCEL 28935 Performance Payment Warranty Improvement Security Security Security Grading $9 ,850 $98,500 $9,850 On -site Streets $300 $3,000 $300 Engineering Design $2,000 $0 $2,000 Sanitary Sewer $350 $3,500 $350 Electrical $750 $7,500 $750 Monumentation $1,800 $0 $0 $15,050 $1 12,500 $13,250 Release performance security when warranty security is received. Release payment security in 90 days (January 3, 2001). Release warranty security in one year (October 3, 2001). 005 T:\PW 0EPT\COUNC IL\2000\001003g. wpd T--dy 4 .fPQ" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: October 3, 2000 CONSENT CALENDAR: ITEM TITLE: Approval of a Joint Use and Irrevocable STUDY SESSION: License Agreement for Irrigation Lines on Jefferson Street between the City of La Quinta and CVWD PUBLIC HEARING: Authorize the City Manager to execute an Agreement between the City of La Quinta and the Coachella Valley Water District (CVWD) to enter into a Joint Use and Irrevocable License Agreement for the irrigation lines on Jefferson Street between the City of La Quinta and CVWD upon approval of the contract wording by the City Attorney. There are no fiscal implications by approving this agreement. This agreement assigns rights to CVWD for their irrigation line on Jefferson Street. There are no charter city implications. On June 29, 1999, the City Council awarded the contract for Jefferson Street Ultimate Improvements to Granite Construction Company. The ultimate improvements include widening Jefferson Street to a six -lane facility with a raised curb median from Highway 1 1 1 to Avenue 54. The City Council awarded the contract at that time in order to take advantage of approximately $1.6 million of SLTTP funding available for the Jefferson Street corridor. The City was successful in awarding the contract in a timely fashion, so the cities of La Quinta and Indio may receive the approximate $1 .6 million allocated; however, in order to award the contract within the time frame required to receive the SLTTP funding the utility coordinations could not be completed. 107 TAMDEMCO U NC I L\2000\001003i. wpd CVWD presently has a concrete irrigation line within the street right-of-way of Jefferson Street. Approximately 95% of the existing irrigation is not within the present road structural section. Upon completion of the Jefferson Street improvements, the irrigation would be directly under the paved structural section of Jefferson Street. CVWD has requested the replacement of the existing concrete line with a pipe suitable to handle the road structural section and highway loads. City staff is presently negotiating costs for the installation of new lines with Granite Construction, which will be brought forward to the City Council for future consideration. As part of the negotiation effort, CVWD has requested that their easement rights remain in tact for all irrigation lines relocated to new locations and for the existing easement for the irrigation line which will remain at the same location. Included with this report as Attachment 1 is a draft Joint Use Agreement between the City of La Quinta and CVWD for the irrigation lines extending from Highway 1 1 1 to Avenue 54. Upon the writing of this report, the City Attorney and the Attorney for CVWD were still negotiating the wording for the draft agreement. City staff is seeking the approval of the City Council to authorize the City Manager to execute the agreement when the wording has been agreed upon by the City Attorney. This approval will provide limited delays to the Jefferson Street project since CVWD will not issue a permit for the irrigation line replacement until the agreement is in place. The alternatives available to the City Council include: 1. Authorize the City Manager to execute an Agreement between the City of La Quinta and the Coachella Valley Water District (CVWD) to enter into a Joint Use and Irrevocable License Agreement for the irrigation lines on Jefferson Street between the City of La Quinta and CVWD upon approval of the contract wording by the City Attorney; or 2. Do not authorize the City Manager to execute an Agreement between the City of La Quinta and the Coachella Valley Water District (CVWD) to enter into a Joint Use and Irrevocable License Agreement for the irrigation lines on Jefferson Street between the City of La Quinta and CVWD upon approval of the contract wording by the City Attorney; or 3. Provide staff with alternative direction. 108 002 TAMDEMCOUNCIL\2000\001003i.wpd Respectfully submitted, Ch is A. Vogt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Draft Joint Use Agreement 109 TAPWDEPT\COUNCIL\2000\001003i.wpd 0 3 Sep-25-00 07:1gam From-RUTAN & TUCKER LLP +7145462035 T-237 P.07/09 F-287 ATTACHMENT 1 JOINT USE ACREEMINT TMS . JOMT USE AGREEMTNT ("Agreement") is entered into as of 2000, by and betwcelt the City Of La Quints, a municipal corporation ("City"), and Coacholia, valley Water District, a county water district ("CVWD"). Recitals A City is a municipal corporation organized and existing under the laws of the: State of California- B. CVAM i} a county wMer district organized and exsting under the County Water District Law (Water Code $ 30000 of seq.) and the Coachella District Merger Law (Water Code ¢ 33100 st seg.), with its principal place of business in Coachella, County of Riverside, State of California. C. The cities of La Quints and Indio are jointly widening Jefferson Street from a two-lane facility to a divided six -lane fmility in accordance with project plans entitled Jerson Street Improwme tts -- Phase 1. a4vcwe 54 to Righwaay I11, approved on A►prd 3, 2000, including all approved revisions that may occur thereafter C`Strccz Widening"). To accommodate the wider street facility, the cities have acquired additional street eight -of -way easements, D. Thar United States Deparuncru of the Interior, Bureau of Reclamation ("BOR") has pre-existing irrigation pipeline easements and pre-existing pipeline facilities (collectively, "Pre-Lxisting Easements") located within the additional street right-of-way easements acquired by the cities for the Street widening. Tha locations of the Pre -Existing Easements are described and/or depicted in Exhibit "A" hereto and Exhibit "A" is incorporated herein by reference. l~. CVWD is responsible for operating, maintainisig, and repairing the pre-odsting facilities located iii the Pre -Existing Basements on behalf of the B01Z and may construct, operate, rnaimain, and repair new facilities in the Pre -,Existing Easements. As used in this A,veeu=T, all referarim to the Pre-Usting Eascme:nts, or, to any prc-existing irrigation G _ pipeline o�ijnrtlude �tlhir pipeline facilities which area pan there nether relocated , or not, �h7aBmean andw ecuv intemsts of both CVWD and the BpA. F. The City desires to relocate some of the pre-existing facilities within the Pre - Existing Easements to locations outside the: pre -Existing Easements to accommodate the new street improvements. A description and/or depiction of the pre-existing facilities the City desires to relocate, and the locations to which those pre-existing facilities will be relocated, is attached as Exhibit "B" hereto and is incorporated herein by reference. G_ The parries desire that the Street Widening proceed and that the City be permitted to relocate or use jointly the Pre -Existing Easements to accomplish the Street Widening, with the understanding that the Citys proposed use of the Pre -Existing Pasernents shall be compatible with CVWD's and/or the BOR's use of the Pre -Existing Easements, and further that the CiWs deceived Sop-22-00 11;01ee Fres-9002769018 To-RUTAN Pa`o qA 110 005 Sea-25-00 07:10.m From-RUTAN i TUCKER LLP +71454f9035 T-237 P.08/09 F-287 joint use of the Pro -Existing Easern ants will not interfere with CVWD's construction, operation, use, rnaintenanm andlor repair of any facilities. NOW, TREREFORE, in coasidw4don of the terms and conditions contained herein, the parties agree as follows: Agreement 1. The Recitals set forth above are a part of this Agreement and are incorporated herein as though set forth in full. 2. This A,greemant applies only to those Pre -Existing Easements located within the Cit s M.trrentjt s tdd clonal boundary. The parties acknowledge that scpauats arrangements may be nrcc5sary wt respect co Pre -Existing Easements located within the City of Indio's jurisdictional boundary. 3. The City acknowledges that the BOR and CVWD acquired the Pre -Existing Easements &am the fee aimplo landowners prior to the City acquiring its street right-of-wvy casement, and thus the Pro-Facisting Easements confer prior rights to the BOX and CVWD with respect to the Pre -Existing E"crrtrstt lxation3. The priority of any rights with respect to the Pre-Exisung Easements, ir4uding any Pre-Ustutg Fasortm a wlucr. are relocated pursuant to this Agreertteat, shall not be of iected by this A.grc==t. 4. The locations of those Pro -Existing Easements ideMified in Exhibit "E" hereto shall be, and hereby arc, changed as sct forth in Exhibit 'S." The City hereby grants substitute easemeats in the new locations, to set forth in Exhibit "C" hcmo. The City ateknowiedgcs the BOA's title to the Pre -Existing Easements in the new locations, and the continued priority of the BOR's interests over the interests of the City therein. S. The locatiop.s of those pre-ExisdAg Easements not identifed in Exhibit "B" hereto shall not be affected by this Agreement. b. CVWD hereby consents to the construction, reconsttuation, maintenance, or use by the City of a roadway over, along, and upon the Pre -Existing Easements, whether relocated or not, within the Ciry's street right -of -wary easement and subject to the terms and conditions herein contained. 7. The SOR and CVWD have and reserve the Tight and casement to use the Pre - Existing Easements, including those Pre -Existing Easements which are relocated pursuant to this Agrearn nt in their now locations, for sit the purposes for which the Pre -Existing Easements were acquired, without need for any further permit or pcnnissiora from the City_ Except in emergencies, CVWD shall give reasonable notice to the City before performing any work in the Prc-Existing F,a3cmcm3, whether relocated or not, where such work will be performed in, on, or over the traveled way or improved shoulders of Jefferson Street or will obstruct traffic. In all cases, CVWD shall paxform its work in a manner that will afford security for fife and property, and CVWD shall restore any x ected street as near as may be to its former state or so as not to have impaired unnecassarily its usefulness, in the discretion of CVWD's genera[ manager Rete1wa sop-4-00 11:0eam irWICI ICIS TO-RMAR Pan 0: 111 C. 0 Sep-25-00 07:21:m From-RUTAN a TUCKER LLP +71454690H T-237 P.09/09 F-287 8. In the event that the future use of the, CiWs street fight -of -way easement shall at any rime or times necess taw a rearrangement, relocation, reconstruction, or removal of CVWD's or the DOM facilities then Mistia$ in the Pro -Existing Easatnents, whether relocated or not, the City shall notify CVWP in writing of such necasslty and agrw to reimburse CVWD an demand for any costs incurred in complying with such notice. CVWD shall provide the City with plans Of its proposed rearrangement and an estimate of the cost thereof, and, upon approval of such plans by the City, CVWD shall proceed promptly to tefrect such rearrangement, relocation, reconstructions, or removal_ CVWD shall perform such work in a man= that will afford security for life and property. No further permit or permission frotn the Gay for such rearrangement a a31 be required, and the City shall (i) entor into a Joint Use Agreement on the same terms and conditions as are set forth herein covering any subsequent relocation of CVWD's or the DOM facilities witturi the Citys street right of -way easement, (4) provide executed documents) granting to the BOIL a !food and sufficient easemenT outside of the Clays street right-of-way owerneat if necessary to replace the BOR's easement or any put thereof, and (iii) reimburse CVWD and/or the BOR for Any costs which either entity may be required to expend to acquire such easement, provide it is mutually agroad in writing that CVVM and/or the BOR shall acquire such easement. 9. Except as expressly set forth herein, the Agreement shall not in any way alter, modify, or terminate any provision of the Pre -Existing Easements. Both the City and CVWD WWI use the Pre -Existing Easements, whether relocated or not, in such a manner as not to interfere unreasonably with the rights of the other. Nothing contained herein shall be consented as a release or waiver of any claim for compensation or damages which the BOIL, CVWD, or the City may now have or may hereafter acquire resulting from the construction of additional facilities or the alteration of existing facilities by either CVWD or the City in such a manner as to cause an unreasonable interference with the use of the Pre -Eris ing Easements, whether relocated or not. 10. This Agreement is binding upon, and inures to the bene5t of each party hereto and its respecdve agents, employees, representatives, officers, directom affiliates, assigns, and successors. 11. Each pang agrees w perform any further acts and to execute and delivery any doantnents which may be reasonably necessary to carry out the provisions of this Agreement. (SIGNATUR1 I ReCeived $eP-22-04 11:011M FrW1002716049 To-RUTAN page 41 112 �t07 TW�t 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: October 3, 2000 CONSENT CALENDAR: ITEM TITLE: Adoption of a Resolution Granting STUDY SESSION: Conditional Approval of a Final Map and Subdivision Improvement Agreement for Parcel 29724, KSL PUBLIC HEARING: Desert Resorts, Inc. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel 29724, KSL Desert Resorts Inc. None. None. Parcel 29724 is located west of Eisenhower Drive and south of Avenida Fernando, (Attachment 1) and consists of 2 parcels (Attachment 2). The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. As of September 25, 2000, City staff has not received approval of the Final Map from the City's Acting Surveyor; however, it is expected that a technically correct map will be submitted within the time allowed with its conditional approval. A Subdivision Improvement Agreement (Attachment 3) has been executed by the developer; however, the associated securities have not been received. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and Subdivision Improvement Agreement. The approval is contingent upon receipt, within 30 days (November 2, 2000), of a technically correct Final Map suitable for recording by the County Recorder with all required signatures except for the City Clerk. 113 T APW DEPT\C0U NC I L\2000\001003e. wpd Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. The developer has demonstrated to City staff that sufficient progress has been made with the documents required for conditional final map approval. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29724, KSL Desert Resorts, Inc.; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29724, KSL Desert Resorts, Inc.; or 2. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 114 02 T: \PW DEPT\COUNCIL\2000\001003e. wpd RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT 29724, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps, and WHEREAS, the City Council as a matter of policy allows a subdivider to have city staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items, and WHEREAS, the subdivider has demonstrated to city staff and the City Council that it has made sufficient progress with items required for Final Map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff, and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding Final Map approval, or disapproval, upon receiving it for consideration, and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1 . The Final Map for Tract 29724 is conditionally approved provided the subdivider submits all required items on or before November 2, 2000. 115 003 Resolution No. 2000- Tract 29724 Adopted: October 3, 2000 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 with the tentative map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Produced a technically correct drawing of the map area that is suitable for recording by the County Recorder B. Has obtained all requisite signatures on the map title page, except for the City Clerk's signature. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this Final Map shall expire when City offices close for regular business on November 2, 2000. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the Final Map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of October, 2000, by the following vote to wit: AYES: Council Members NOES: None ABSENT: None ABSTAIN: None JOHN J. PENA, Mayor City of La Quinta, California 116 004 Resolution No. 2000- Tract 29724 Adopted: October 3, 2000 Page 3 ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON , City Attorney City of La Quinta, California 117 005 PARCEL MAP NO. AVENIDA FERNANDO z 0 c� w m , � 0 0 LA QUINTA Q HOTEL GOLF & w TENNIS RESORT Q o PROJECT w w uj SITE W J J Q AVENUE 50 VICINITY MAP 11$ NOT TO SCALE f'0'7 I:\41312\MAPPING\PM29724\VICINITY 09/08/00 2 R'� a9=F � < ■ � r gas it .xw I � : i yg < g ri4bhytg hls6 uj c� F q d�g'Fi 8y r� S m <� SSS <y v{ G VI Mild r i w }� rin 4 S 0co s m a s a s A F zNiEE Vw lz CQ Q 3 o Z IA 4n V � {A 321�141N��Nf mV a m��A� 5Z 3 �O h Up Y Ni > c b � P �a ' � �� aWmoiy �o b< F ;� 15, bf c p a ( loh u A N W �^p D =gig 4 _tip. m I co I F I R3 I n I — — —e-s — ,�. 7 lo'I (133M15 31rARld)k SJ n — —ON �'= NO`J321H0 .Deem a�r.coDON_ dQIH3AV 0 I y� aim —„L _ToW9 3ioi �C!T�{ I Z 1331Vd d � , .LCSIZ— s J i bCQ N w `goii Rb'�N` j S X.L (OD M I R m O ; I 4— I r uWireN (MIi.LSbB N � a' � 1010 r70 Loa r N 09 9 i fag g �NN big ks lag, oaa ^6 CITY of LA QUINTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT Parcel 29724 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 by and between KSL Desert Resorts, Inc., a Delaware Corporation hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Parcel No. 29724 (the "Parcel") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 121 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29724.wpd Page o 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 122 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29724.wpd Page 2 of 6 11` 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement; without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus. Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 123 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29724.wpd Page �0t6o 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. ' Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not 4 been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29724.wpd Page 4Pf E. 0 and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. 12t T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29724.wpd Pape0 f4 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: Thomas P. Genovese, City Manager ATTEST: City Clerk SUBDIVIDER: By: Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 760/777-7075 KSL Desert Resorts, Inc., a Delaware Corporation 55-920 PGA Blvd. La Quinta, CA 92253 (760)564-8000 Date Date 126 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29724.wpd Page( 6i 5 Exhibit A SECURITY - PARCEL 29724 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council Improvement Description Performance Labor & Materials Streets & Storm Drainage 44,985 44,985 Monumentation 680 0 Totals: $45,665 $44,985 127 016 T,dT 4 4 Qu&& COUNCIL/RDA MEETING DATE: October 3, 2000 ITEM TITLE: Approval of a Request for Proposals to Provide Design Services for the Citywide Street and Sidewalk Improvements AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Appropriate funds in the amounts of $76,083 from RDA Project Area No. 2 Fund and $32,400 from SB 821 Funds toward the Dune Palms Road Street and Sidewalk Improvements; and Add the Dune Palms Road Street and Sidewalk Improvement Project to the Fiscal Year 2000/2001 Capital Improvement Program; and Authorize staff to combine the following projects and their respective budgets into a single combined Citywide Street and Sidewalk Improvement Project: Avenue 50 Low Water Crossing Interim Improvement, City Project No. 2000-04; Sagebrush Drive Sidewalk Improvement, City Project No. 2000-08; Street and Sidewalk Improvements on Dune Palms Road, City Project No. (Unassigned); and Washington Street Sidewalk Improvement, City Project No. (Unassigned); and Authorize staff to distribute a Request for Proposals (RFP) for the preparation of plans, specifications, and engineer's estimates for the combined Citywide Street and Sidewalk Improvements and approve the Consultant Selection Committee. The following represents the available funding and funding sources for the individual projects identified within the proposed Request for Proposal: 128 T AMDEPT\COU NC IL\2000\001003j 2. wpd Project Funding Source Amount Available Avenue 50 Low Water Crossing Interim DIF $373,695 Improvement, City Project No. 2000-04 Transportation Sagebrush Drive Sidewalk Improvement, City $71,507 City Project No. 2000-08 Infrastructure Street and Sidewalk Improvements on Dune SB 821 Funds $32,400 Palms Road, City Project No. (Unassigned) RDA PA # 2 $76,083 Washington Street Sidewalk Improvement, RDA PA # 1 $35,000 City Project No. (Unassigned) City $82,435 Infrastructure TOTAL AVAILABLE FUNDING: $671,120 The City has applied for grant funding for the proposed sidewalk on Sagebrush Drive and a portion of the meandering sidewalk along Washington Street fronting Saguaro, Sagebrush, and Bottlebrush. As of the writing of this report, the status of the application is still unknown. If the City receives money under the Safe Route to School Grant, that funding will be utilized for the respective portion of sidewalk listed within the grant. This information will be brought forward to the City Council for their consideration when the plans, specifications, cost estimate, and authorization to bid are presented to the City Council. The following represents the recommended combined project budget: Design $67,1 12 Inspection/Testing/Survey $52,012 Construction $451,328 Contingency $67,1 12 City Administration $ 3,556 TOTAL ANTICIPATED COSTS: $6 1,120 The project is partially funded with RDA Project Area Funds. Therefore, th project is required to be bid using prevailing wage specifications. 129 M TAMDEMCOUNCIL\2000\001003j2.wpd On July 5, 2000, the City Council approved and adopted the Fiscal Year 2000/2001 Capital Improvement Program (CIP). The following CIP projects were included: Avenue 50 Low Water Crossing Interim Improvement, City Project No. 2000- 04; Sagebrush Drive Sidewalk Improvements, City Project No. 2000-08; and sidewalks and handicap ramps at various locations within the City. In addition to the aforementioned projects, on May 16, 2000 the City Council authorized staff to submit an application for SB 821 Funds to develop street and sidewalk improvements near the La Quinta High School. The application for the SB 821 projects included improvements along the east side of Dune Palms Road from the Whitewater River Channel to Westward Ho Drive, along the west side of Dune Palms Road 400' north of Westward Ho Drive, and on the north side of Westward Ho Drive 100' west of Dune Palms Road. The proposed SB821 sidewalk projects were not included in the CIP, since the result of the grant application was unknown during the development of the CIP. During the May 16, 2000 City Council Meeting, staff advised the City Council that the proposed matching funds and the funding necessary for the curb, gutter, and minor street improvements would be borne by the Redevelopment Agency Project Area No. 2 Funds. The additional appropriations from RDA Project Area No. 2 Funds are required as a City matching funding source in order to qualify for the SB821 Fund for the Dune Palms Road street and sidewalk improvements. The combined projects will provide the following: Avenue 50 Low Water Crossing Interim Improvements (City Project No. 2000- 04). The interim improvement will widen the existing low water crossing on Avenue 50 spanning the La Quinta Evacuation Channel, from 2 to 4 lanes. The improvements will also include a 6' paved asphalt path on the east side of Washington Street from Saguaro Drive to Avenue 50, and a 6' paved asphalt path on Avenue 50 from Washington Street for a distance of approximately 1,300 LF east of Washington Street to join with the existing concrete sidewalk on the north side of Avenue 50 fronting the Sports Complex. 2. Sagebrush Drive Sidewalk Improvement (City Project No. 2000-08). This project shall include the installation of sidewalk and handicap ramps on the north side of Sagebrush Drive from Washington Street to approximately 1,260 LF east of Washington Street joining with the existing sidewalk within the Rancho La Quinta development. 130 003 T:\PW DEPT\COUNCIL\2000\001003j 2. wpd 3. Street and sidewalk improvements on Dune. Palms Road. The improvements include the installation of sidewalks on three segments near the La Quinta High School. The sidewalk improvements include a 6' sidewalk on the east side of Dune Palms Road from the Whitewater River Channel north to Westward Ho Drive (approximately 1,250 LF), an 8' meandering sidewalk on the north side of Westward Ho Drive from Dune Palms Road west approximately 100 LF, and an 8' meandering sidewalk on the west side of Dune Palms Road from Westward Ho Drive north approximately 400 LF. Dune Palms Road shall be improved to its ultimate width, including curb and gutter on the west side of Dune Palms Road from Westward Ho north approximately 400 LF. 4. Washington Street sidewalk improvements. This project shall include a 6' sidewalk on the west side of Washington Street from Avenida La Fonda to Avenue 52. The Request for Proposal (RFP), Attachment 1, solicits proposals from qualified engineering consultants to prepare plans, specifications, and probable construction estimates (PS&E) for the aforementioned combined projects. Attachment 2 is a map showing the limits of the proposed projects for the Avenue 50 low water crossing, 6' paved asphalt path along Washington Street and Avenue 50, and the Sagebrush Drive sidewalk improvement. Attachment 3 is a map showing the limits of the street and sidewalk improvements on Dune Palms Road as part of the SB821 Grant project. The Consultant Selection Process is outlined within City Resolution 9&80 as follows: 1. The City Council shall be notified of the need to contract for professional services. 2. A Selection Committee shall be formed of members competent to judge the qualifications of firms for the specific services requested. The City Council may appoint one or two members to participate in or observe a staff selection procedure or may elect to function, itself, as the Selection Committee. 3. The Selection Committee shall review the qualifications of firms available to provide the specific category of services required. The Committee is authorized to issue a Request for Qualifications Statements (RFQ) if deemed necessary.. 4. The Selection Committee shall select a short list of the most qualified firms. 5. RFP's shall be issued to firms appearing on the short list. 6. The Selection Committee shall review and rank the short-listed firms based upon 131 the selection criteria. 004 T:\PW D EPT\COUNCIL\2000\001003j 2. wpd 7. The proposals of the top ranked firm shall be reviewed to determine the apparent fair value of the proposal. 8. Negotiations with the top -ranked firm shall proceed until a mutually acceptable contract is developed. The City Council by this report is hereby notified of the potential need to contract for professional services in excess of $10,000. Because of their obvious similarity in scope of work, staff is recommending combining these projects to gain a greater economy of scale. This will help to attract a more qualified field of professional design and contracting firms. The recommended consultant selection committee consists of: • Chris A. Vogt, Public Works Director/City Engineer • John M. Freeland, Senior Engineer • Leonard St. Sauver, Assistant Engineer I • Nick Nickerson, Consultant Project Administrator By approving the RFP for the preparation of plans, specifications, and engineer's estimates and approving the recommended consultant selection committee, the City Council will have set in motion the project development phase for these Fiscal Year 2000/2001 identified CIP improvements. The alternatives available to the City Council include: 1. Appropriate funds in the amounts of $76,083 from RDA Project Area No. 2 Fund and $32,400 from SB 821 Funds toward the Dune Palms Road Street and Sidewalk Improvements; add the Dune Palms Road Street and Sidewalk Improvement Project to the Fiscal Year 2000/2001 Capital Improvement Program; authorize staff to combine the following projects and their respective budgets into a single combined Citywide Street and Sidewalk Improvement Project: Avenue 50 Low Water Crossing Interim Improvement, City Project No. 2000-04; Sagebrush Drive Sidewalk Improvement, City Project No. 2000-08; Street and Sidewalk Improvements on Dune Palms Road, City Project No. (Unassigned); and Washington Street Sidewalk Improvement, City Project No. (Unassigned); authorize staff to distribute a Request for Proposals (RFP) for the preparation of plans, specifications, and engineer's estimates for the combined Citywide Street and Sidewalk Improvements and approve the Consultant Selection Committee; or 132 005 T:\PW D EPT\COUNCIL\2000\001003j 2. wpd 2. Do not appropriate funds in the amounts of $76,083 from RDA Project Area No. 2 Fund and $32,400 from SB 821 Funds toward the Dune Palms Road Street and Sidewalk Improvements; do not add the Dune Palms Road Street and Sidewalk Improvement Project to the Fiscal Year 2000/2001 Capital Improvement Program; do not authorize staff to combine the following projects and their respective budgets into a single combined Citywide Street and Sidewalk Improvement Project: Avenue 50 Low Water Crossing Interim Improvement, City Project No. 2000-04; Sagebrush Drive Sidewalk Improvement, City Project No. 2000-08; Street and Sidewalk Improvements on Dune Palms Road, City Project No. (Unassigned}; and Washington Street Sidewalk Improvement, City Project No. (Unassigned); do not authorize staff to distribute a Request for Proposals (RFP) for the preparation of plans, specifications, and engineer's estimates for the combined Citywide Street and Sidewalk Improvements and approve the Consultant Selection Committee; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vo Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Request for Proposal 2. Map of Proposed Projects 3. Map of Street and Sidewalk Improvement Limits 133 006 T AMDEMCOU NCIL\2000\001003j2. wpd ATTACHMENT 1 CITY OF LA QUINTA REQUEST FOR PROPOSAL PROFESSIONAL ENGINEERING AND DESIGN SERVICES CITYWIDE STREET AND SIDEWALK IMPROVEMENTS The City of La Quinta requests proposals from qualified professional engineering consultants to prepare plans, specifications, and estimates (PS&E), and contract bid documents for the City of La Citywide Street and Sidewalk Improvements. The following improvement shall be included: 1. Avenue 50 Low Water Crossing Interim Improvement, City Project No. 2000-04. This project will serve as an interim improvement to the future construction of a bridge identified within the City of La Quinta Development Impact Fee Study. The interim improvement will widen the existing low water crossing on Avenue 50, spanning the La Quinta Evacuation Channel, from 2 to 4 lanes. Improvements shall include a sidewalk on Washington Street from Saguaro Drive to Avenue 50, approximately 577 LF, and on Avenue 50 from Washington Street to approximately 1,281 LF east of Washington Street. 2. Sagebrush Avenue Sidewalk Improvement, City Project No. 2000-08. This project shall include the installation of sidewalk and handicap ramps on the north side of Sagebrush Avenue from Washington Street to approximately 1,260 LF east of Washington Street. 3. Street and Sidewalk Improvements on Dune Palms Road, City Project No. (Unassigned) Improvements include the installation of sidewalks on three segments near the La Quinta High School. The sidewalk improvements include: Segment 1) 6' sidewalk on the east side of Dune Palms Road from the Whitewater River Channel north to Westward Ho Drive approximately 1,250 LF; Segment 2) 8' meandering sidewalk on the north side of Westward Ho Drive from Dune Palms Road west approximately 100 LF; and Segment 3) 8' meandering sidewalk on the west side of Dune Palms Road from Westward Ho Drive north approximately 400 LF. Dune Palms Road shall be improved to its ultimate width, including curb and gutter within the project limits of Segment 3. 4. Washington Street Sidewalk Improvement, City Project No. (Unassigned) This project shall include the installation of sidewalk and handicap improvements on the west side of Washington Street between Avenida La Fonda and Avenue 52. Services Requested Services and products to be rendered in performing all work associated with project development may include, but may not be limited to: T:\PW DE FRPROJECTS\2000Prjcts\2000-04Street\RFP.wpd 134 008 • Perform project management and schedule maintenance; • Perform appropriate engineering related field survey, and base map preparation; • Perform utility coordination and obtain clearances; • Perform coordination with local, regional, State and/or Federal agencies as necessary; • Prepare project plans, contract documents, bid documents, special provisions and engineers estimates of probable construction costs; • Prepare staff reports as necessary to relevant City Commissions and City Council. Project Development Process Generally, the project development process will be as follows: 1. Project Kick-off A. Initial meeting between the consultant and City staff to identify project design constraints and objectives. B. Consultant will prepare preliminary concept drawings as outlined in the project description and present to staff for review and comment. C. Based upon input received from staff, consultant will revise the improvement plans and concept plans for approval by staff. 2. Agency Approval A. Consultant will submit improvement plan, concept plans, and/or other necessary documents to City to obtain approval. B. Based upon comments received from the City, consultant will revise the preliminary Plans, Specifications, and Estimates (PS&E) and resubmit. C. Staff approved PS&E will be submitted to the La Quinta City Council for review and Comment. Consultant will be expected to prepare any necessary supporting documentation. D. Based upon comments received from the City Council, consultant may be required to make additional corrections to the Plans, Specifications, and Estimates (PS&E). E. All approved plans will be provided to the City on compact disk in AutoCAD 12 format, as well as on "D" size Mylar and on 11 "X 17" bond format. The project specification documents, including technical specifications, will be provided on 3 '/2" disks in Word Perfect 7.0 for Windows format. The Engineer's estimate will be provided in Quattro Pro 7.0 for Windows format. T:\PWDEPT\PROJECTS\2000Prjcts\2000-04Street\RFP.wpd 135 M 3. Bidding Phase The consultant will be expected to provide assistance in preparing the necessary documents and coordinate advertisement of the project for bid. Technical support during the bidding and award process will also be required. 4. Proposal Format Proposals (work proposal and cost proposal) are to be submitted in separate envelopes provided by the City, clearly marked with the consultants name, address and phone number. Only one proposal per consultant will be considered. Proposal packages are to be submitted to the City on/or before October 31, 2000. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: John M. Freeland, Senior Engineer City of La Quinta Public Works Department 78-495 Calle Tampico La Quinta, CA 92253 Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items: 1. Work Proposal (envelope 1) - submit 4 copies A. Cover Letter (1) The name, address and phone number of the consultant's contact person for the remainder of the selection process. (2) Any qualifying statements or comments regarding the consultant's proposal, the information provided in the RFP or the proposed contract. (3) Identification of sub -consultants and their responsibilities. T:\PWDEPTIPROJECTS\2000Prjets\2000-04Street\RFP.wpd 136 010 B. Statement of Qualifications (1) A listing of proposed project personnel, including personal experiences and individual resumes for prime and subconsultants. (2) Consultant's and subconsultant experience with similar work, including names and current phone numbers of reference for listed projects. C. Project Understanding and Approach A description of your project understanding and how you will approach the project. D. Scope of Work Program A description of the tasks, sub -tasks, and deliverables that will be provided. E. Project Schedule A comprehensive Critical Path Method (CPM) schedule is to be submitted describing the nature and scheduling of proposed tasks and reflecting September 9, 2000 as the start date. The La Quinta City Council meets the I' and 3" Tuesday of each month. The Community Services Commission meets the 2"d Monday of each month. The project schedule should include all approvals expected during the project period. 2. Cost Proposal (envelope 2) The consultant is to submit a detailed cost proposal for all services and materials anticipated in completing the project. Man-hours and extended billing rates per classification of personnel will be indicated for each task and/or sub -task defined. Selection Process Work Programs will be reviewed by a Consultant Selection Committee. The Committee will rank the consultants for contract negotiations based upon the materials submitted within the Work Proposal. The Committee may choose to interview two or more closely -rated firms, but will not expect or schedule time for elaborate presentations. Cost proposals will be opened only after the ranking process is complete. The City will open contact negotiations with the top ranked firm. The successful consultant will be expected to enter into the attached Professional Services Agreement. 137 T:\PWDEPTPROJECTS\2000Prjcts\2000-04Street\RFP.wpd .. Oil CITY OF LA QUINTA REQUEST FOR PROPOSAL PROFESSIONAL ENGINEERING AND DESIGN SERVICES CITYWIDE STREET AND SIDEWALK IMPROVEMENTS COST PROPOSAL SHEET The following is a summary of costs to provide the services outlined in the Request for Proposals for Professional Engineering and Design Services for the Citywide Street and Sidewalk Improvements and will be used as the basis for negotiating a Professional Services Agreement: Preparation of the Plans, Specifications, and Estimates Proposed Cost 1. Avenue 50 Low Water Crossing Interim Improvement, City Project No. 2000-04. 2. Sagebrush Avenue Sidewalk Improvement, City Project No. 2000-08 3. Street and Sidewalk Improvements on Dune Palms Road, City Project No. (Unassigned) 4. Washington Street Sidewalk Improvement, City Project No. (Unassigned) TOTAL LUMP SUM FIXED FEE: $ Attached herein is a detailed man-hour and fee breakdown for the tasks and sub -tasks defined in our proposal. Prime Consultant Date Signed T:\PWDEPT\PROJECTS\2000Prjcts\2000-04Street\RFP.wpd 138 012 ATTACHMENT 2 Y 3 cm MA W a� o .L o m .n m m 0 m }aai}g uol6uiyseM N U C0 7 H Z- 0 z 39 OJQ ATTACHMENT 3 H a 0 H u O% z P4 1�1 Q Q CA 0 a J" F_ U ay N U � F � � N 140 014 Til4t 4 stP Q" MEMORANDUM TO: Honorable Mayor and City Council Members FROM: Chris A. Vogt, Public Works Director/City Engineer DATE: October 1, 2000 SUBJECT: October 3, 2000 Council Meeting - Consent Calender Item #9 - RFP The above referenced Consent Calender Item is for authorization to combine several sidewalk projects and issue a Request For Proposals for design services. The first recommendation is to appropriate additional funding from the RDA Project Area No. 2 Fund and SB 821 Funds. Appropriation of funding is not required at this time. The City is also awaiting a decision regarding a "Safe Route to Schools" Grant application. Please disregard the recommendation to appropriate funding at this time. When the actual costs are known, and a determination regarding the grant application is received, City Staff will provide the Council and the RDA funding alternatives prior to proceeding with the project. All of the other recommendations in the report are to remain. If you have any additional questions, please feel free to contact me. Cc: Thomas P. Genovese, City Manager June Greek, City Clerk John Falconer, Finance Director John Freeland, Senior Engineer Nick Nickerson, Consultant CAV/cav 141 Page 1 of 1 T4ht 4 4 Q" COUNCIL/RDA MEETING DATE: AGENDA CATEGORY: BUSINESS SESSION: October 3, 2000 CONSENT CALENDAR: STUDY SESSION: Approval of a Certificate of Appropriateness to PUBLIC HEARING: Revise the Entry Area of the Restaurant to the West of the Hotel Lobby Entry Area Located at 49-499 Eisenhower Drive, Within the La Quinta Resort and Club. Applicant: KSL Desert Resorts, Inc. RECOMMENDATION: Approve Certificate of Appropriateness 2000-006, subject to findings. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: /d The restaurant is in a building which is a part of the original La Quinta Hotel constructed in 1926-27. While the City has designated the hotel and its grounds as a local historic development, the original character -defining architectural features of this portion of the hotel have been irreparably altered. Therefore, it does not contribute on its architectural merit. However, it is important that the proposed design be compatible with the overall character of its historic architectural features. The original buildings have set the tone for development of the entire City and therefore, review of modifications are of importance. The La Quinta Charter and Municipal Code requires that revisions or additions to designated historic structures obtain approval from the City Council. This requires review and recommendation from the Historic Preservation Commission. :� 14? P:\STAN\coa 2000-006 cc rpt.wpd Proposed Revisions: The restaurant is located to the west of the hotel registration area, in front of the plaza and valet area. The previous Montanas restaurant is closed and being remodeled into a seafood restaurant called Azur. The applicant is proposing to modify the entry area to the restaurant to improve its visibility to guests (Attachment 1). The proposal is to move the existing double arched wood doors which were installed in 1988 approximately 12 feet to the north, away from the interior corner of the "L" shaped building. In front of the new door location, a freestanding wood trellis supported by eight smooth plastered columns, similar in design to the one over the lobby entry without the tile roofing will be constructed. The terra cotta tile walkways in front of the restaurant and between the lobby entry and fountain will be reconstructed to correspond with the new entry. Material colors and finishes will match that used in the existing building and walks, except that small blue tile accents will be added to the rectangular terra cotta tile walkway beneath the new trellis. A new false window will be provided to the left of the new door location. With the revision to the walkways, most of the adjacent landscaping will be replanted. Plants retained include the large Ficus near the south wall of the restaurant, the Palm tree at the east end near the lobby entry, and bougainvillea against the west wall of the restaurant. The color theme of the new landscaping includes plants that are primarily "blue" or "white". Discussion: Pursuant to the La Quinta Charter and Municipal Code Section 7.08.030, the request can be approved if, and only if, it is determined: 1. That the proposed work would not detrimentally alter, destroy or adversely affect any architectural or landscape improvement. RESPONSE: The proposed design modifications are in keeping with the architectural character of the historic structures on the hotel grounds. The new landscaping and walkways will not significantly modify the plaza area in front of the restaurant. 2. If the owner of the designated historic site or landmark demonstrates that such property cannot be economically used and denial of a permit would deprive the owner of all or most of his economic interest in the property, the City Council may issue the permit with an effective date 180 days from the issuance of the permit to allow time for the investigation of alternatives to the work proposed in the permit application, such as acquisition of site improvement by the City or a public interest group. 143 002 P:\STAN\coa 2000-006 cc rpt.wpd RESPONSE: The proposed revision to the entry area to a non-contributing building is in keeping with the character of the historic complex. 3. In the case of construction of a new improvement upon a historic site, that the exterior of such improvement will not adversely affect and will be compatible with the external appearance of existing historically designated improvements on said site. RESPONSE: The trellis is similar to the lobby entry trellis and therefore, compatible. The new trellis will be freestanding and not have a clay tile covering, thus providing differentiation from the original construction. 4. That the applicant has presented clear and convincing evidence of facts demonstrating to the satisfaction of the City Council that such disapproval will impose immediate and substantial hardship on the applicant because of conditions peculiar to the person seeking to carry out the work, whether this be property owner, tenant, or resident, or because of conditions peculiar to the particular improvement, or other feature involved, and that approval of the application will be consistent with the purposes of the permit procedures. RESPONSE: The applicant has shown that the revision to the restaurant will improve access and visibility from adjacent areas, the design as presented is compatible with the existing construction. The applicant has shown a desire to maintain design modifications compatible with the historic integrity of the structure. Historic Preservation Commission Review: The Historic Preservation Commission considered this request at its meeting of September 21, 2000, and adopted Minute Motion 2000-019, on a 4-0 vote, recommending approval as submitted. The Historic Preservation Commission meeting minutes are attached for your review (Attachment 2). FINDINGS AND ALTERNATIVES: Findings necessary to approve can be made as noted above. The alternatives available to the City Council include: 1. Approve Certificate of Appropriateness 2000-006, subject to the attached Findings. 2. Deny the request; or 144 3. Continue the request and provide staff with direction. 003 P:\STAN\coa 2000-006 cc rpt.wpd Respectfully submitted, 6�1 I K—b Jerry Herman Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Proposed plan exhibit book (bound book) (for City Council only) 2. Historic Preservation Commission minutes for the meeting of September 21, 2000 145 004 P:\STAN\coa 2000-006 cc rpt.wpd ATTACHMENT 2 DRAFT Historic Preservation Commission Minutes September 21, 2000 B. Certificate of Appropriateness 2000-006 located at 49-499 Eisenhower Drive within the La Quinta Resort and Club to revise the entry area of the restaurant to the west of the Hotel Lobby. Applicant: KSL Desert Resorts, 1. Planning Manager Christine di lorio presented the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Irwin asked if the interior wall mural of the Conquistidor on Horseback would remain. 3. David K. Robbins, Senior Vice President of KSL Development Corporation replied he did not know the answer to that question, but said he didn't believe anything on the inside would be affected. 4. Commissioner Irwin added she'd understood when the mural was originally installed there were gemstones in it and when the Hotel was closed during World War II, the stones were dug out. 5. Doug Yavanian, KSL Director of Community Affairs, replied he would get an answer for the Commission. 6. Mr. Robbins told the Commission he assumed any interior changes would have to come before them for approval. 7. Planning Manager di lorio said the City does not have any interior regulations. 8. Commissioner Irwin interjected the mural was something that added to the character of the original La Mirage Room making it very special to the City's history and thought it would not detract from a new restaurant. 9. Commissioner Sharp said he was unclear if the tile path ended at the arbor and asked where the logo or sign for the restaurant was going to be. 10. Mr. Robbins replied he did not know if that had been determined yet but it was a good question. 006 Historic Preservation Commission Minutes September 21, 2000 11. Commissioner Sharp replied he was concerned about it. 12. Chairman Wright asked Mr. Robbins if he wished to address any particular item. 13. Mr. Robbins introduced himself and Doug Yavanian and stated they were fine with the staff report and were at the meeting to answer concerns or to address any opposition. 14. Commissioner Mitchell stated he was under the impression nothing was going to occur from the inside and was concerned about changes to the interior. He felt the exterior plan adhered to the Guidelines of the Secretary of Interior, in that it maintained the feeling and sensitivity of the structure. He agreed with staff's recommendations. 15. Commissioner Irwin also agreed it was a beautiful project. 16. Commissioner Sharp commented the plans looked very elegant. He had visited the site the previous day. 17. Chairman Wright also thought it was a beautiful project and a great presentation but added he would like to see the mural stay intact. 18. There being no further discussion, it was moved and seconded by Commissioners Sharp/Mitchell to adopt Minute Motion 2000-019 recommending approval of the requested revision of the restaurant entry. Unanimously approved. 147 007 Tity,, 4 4 Qu&Z COUNCIL/RDA MEETING DATE: October 3, 2000 Authorization for Overnight Travel for the Community Safety Manager and three Code Compliance Officers to attend a Training Class Given by Southern California Association of Code Enforcement Officials, Inc., in Buellton, CA, October 27 and 28, 2000 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for the Community Safety Manager and three Code Compliance Officers to attend a training class given by Southern California Association of Code Enforcement Officials, Inc., in Buellton, CA, October 27 and 28, 2000. FISCAL IMPLICATIONS: The training will be funded from Travel, Training and Meetings Account #101-352-637- 000. The breakdown of estimated expenditures for this class is as follows: ♦ Registration $ 480 ♦ Meals 200 ♦ Travel 200 ♦ Hotel 400 Tota 1 $1280 CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: This course will improve the skills and abilities of the Community Safety Manager and Code Compliance Officers in the performance of their duties and ensure that our Code Compliance Department is operating within all legal requirements. Please see the attached pages for course titles (Attachment 1). 149 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the Community Safety Manager and three Code Compliance Officers to attend a training class given by Southern California Association of Code Enforcement Officials, Inc., in Buellton, CA, October 27 and 28, 2000; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Buildin6 and Safety Director Approved for submission by: �/ e -), � Thomas P. Genovese, City Manager Attachment: 1. Announcement showing class subjects 002 149 I� N W W H H O m pp- ' cz m >.' 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C > n s S u ro > •Zd° o a o= - o ro L 5 2J v 3L ATTACHMENT 1 O o CD LLi m co L9 i '(�i E E U in c m E o a) Q o IDI 'c co j 0. 3,0 w E U E a c Ln C6 c:, 9 C x a> o uj E o a1 �' m o 2 vi m z a a,c`cQ> xa_u C0 mac, V ,.- cC a a�.2oCUmm�c 0- CL O Q .Q { V•D a`1 c E] N E]Ty C >,cUO v m v CL r- v X ai c CL �C U U � LO 0 O ' V ° cn a (D cn ;c � c T > �m O �._ sUmu�U oD O; (D aai m 0)m a c •� `° E N 2 E; D E -0 O �O (1 x a)N'N Cn a0 cz O Z a L o o N a ;cL 00� (L ma_ o cno W ? 6r� L L a> CU a`� o Q .0-0 c c qm V Z5 aEi co a7 Z a)a)E m U (Q E cn E Q C o m O 0 o iC c 9 0 a > N a1 a1 _ a 01 O Y a o 0) O CC z 131•C O i V1 N a) N .T• CO o n� V N ¢ °7a E E E im Z -EO c, y LL a) O O Q is -1 ¢ U U OCCD CDc) cn Cp.0 O a a 7 a� d: i wa1-�d a> a a�`ni Qvci❑❑in❑ El H'c m E: N -N a w a) a1 CU Z.CcEZ a =vo0o�o u vL E E� u o v o 3 E• v > uv c U v v ° o E u a E ro au c x E Y v Y E 3s.ti.g v u v o u E 0A u v u Y C m0 t „u, v 0 E Q v a r u cW c• Y E o W _ n v E>, o s o C ` v . C M 0°A C E c: o u E ro ti Y �s W ._ U ',ten -J Y .- 6A">> ro c _ 14-._C. ro C U O O v or - N E a`o • h cl u 0 o`no YW d- ° o E o y C ao Y E o E ro E ax,-o� v� -o v1 Y E u DA— u u o W o s y 0 C v p m C u o ro E c s C > Y u Y E C ro �O 'E u O C C o c\ E E ` v OA Y y U3 ro i ro 3 Y Y °-E v o v N .0 cu C O v c h > E O u u-O os U E' U E d -0 u E m W U y ° _ E o Co c Y adY u to ro p C O C. v " y E u E.° ro • u Y p v v 0A E c 7� E uuE m r E 3 �, U O m Q °i U O C u C ro t C qj Cn O p ' 1�., " • r- 7 o• u m o v° E u u x U> o c ro c u E� v 7s Y >,U U ro v� Y� v 7 c W � v1 i vi M E O ° v E oC. E ro E C yEj t C" p 0 0 CA g =U ZU`"- uc U -5 • > b ro Y 0 7` C y b c v u U u E > E CQ.E , o� O u u oA E m N E °- c° -° v p G1 -Yp C, Y a u � C aUc Y�� c ro c c c E W y 'u V) s �'E u c v c O y a u H c M> Y .0 Q NO O -r- c:m tz id a C W ¢ Y Q DC _ W,•n ✓7 u W W CJ• O L U C �y.� LAJ Y C cl, L v cO _O x v, v ' mo�'s� c uu ak ~ Y ro y N = -a -o ro W.E<o IS - eg04 Almloij dij I milgi I dij I am j lid j I m In j SCACEO Southern California Association of Code Enforcement Officials, Inc. P.O. Box 1225 Downey, CA 90240-0225 www.scaceo.org SCHEDULE OF EVENTS 7:00 - 8:00 Registration/Continental Breakfast 8:00 - 12:00 Professional Certification Program 12:00 - 1:00 Hosted Lunch 1:00 - 5:00 Professional Certification Program No College Credit for Arrivals After 9:00 A.M. TRAINING LOCATION ?L_ F,fn . City of La Quinta Community Safety Manager John Hardcastle P.O. Box 1504 La Quinta, CA 92253 HOTEL ACCOMODATIONS boa a 7 ►.7 51 05 T4ht 4 4v Qa&Z COUNCIL/RDA MEETING DATE: October 3, 2000 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Authorization for Overnight Travel for One PUBLIC HEARING: Cultural Arts Commissioner to Attend the CALAA Conference in Sacramento, October 26-27, 2000 RECOMMENDATION: Authorize overnight travel for one Cultural Arts Commissioner to attend the CALAA Conference in Sacramento, October 26-27, 2000. FISCAL IMPLICATIONS: /9-• The California Association of Local Arts Agencies (CALAA) Annual Conference (Attachment 1) is being offered in Sacramento, October 26-27, 2000. The Cultural Arts Commission has $1,500 budgeted for the CALAA Conference, in the Community Services Department budget, Account #101-251-637-000. Costs associated with the Conference are: Conference Registration Hotel Transportation Food Shuttle Total: CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: $175 $200 ($89 per night X 2 nights + tax) $200 $150 $ 20 $745 At the September 14, 2000 Cultural Arts Commission, the Commission made the recommendation to send one Cultural Arts Commissioner to the CALAA Conference in Sacramento October 26 through 27, 2000. This conference provides education and information on the arts, cultural activities and an avenue to network with representatives from other communities. Commissioners have attended this conference in the past and have found it beneficial. 152 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize overnight travel for one Cultural Arts Commissioner to attend the CALAA Conference in Sacramento, October 26-27, 2000; or 2. Do not authorize overnight travel for one Cultural Arts Commissioner to attend the CALAA Conference in Sacramento, October 26-27, 2000; or 3. Provide staff with alternative direction. Respe tfully sub itted, n� < IY ie Horvitz, Comrpejhity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. CALAA Conference Information 15� 002 S:\Community Services\CCReports\CC.071.wpd ATTACHMENT 1 74JURSOy4y, OCTOGER 26 12 noon - 5:00 p.m. Conference Registration Sacramento Hilton Arden West 1:00 — 2:30 p.m. Advocating for the Arts State Capital Committee Meeting Room Get energized and informed about what lies ahead for future arts funding and how CALAA has been able to increase funding and continue its efforts to affect change. Featured presenters: Alan Ziter, Chairman from California Arts Advocates plus others to be announced. 2:45 —4:45 p.m. Capital Round Table State Capital Committee Meeting Room OR Meetings with Legislative Staff Various locations Your choice: meet with representatives from various state agencies including the State Office of Tourism, Festivals and Fairs, the California Arts Council, State Convention and Visitors Bureau, and State Department of Education OR take advantage of your time in Sacramento by meeting with key legislative staff at their offices, (Please note, being so close to the election most legislators themselves will be involved in campaign activity.) 5:00 — 7:00 p.m. Reception Sacramento Hilton Arden West Join colleagues and meet new ones for the first of several opportunities to share information, network, and participate in informal discussions. 7:30 p.m. Convocation Dinner Sacramento Hilton Arden West No Rubber Chicken, We Promisef Enjoy a savory meal accompanied by a keynote presentation to be announced. Rest assured It will be an Interesting and enthralling evening. .�i/t°�T/��/�r�wsA('a�y.^!�S.r of end 2�/�� 1"Z*b, VIrJV 31 2 s • Getting people to urderataM how art and tatAna atleds ourt�is i duotrpap` .. , . aspect of local aria agency work How do we communicate Its inpoMnte and -..-:. •: 8:00 — SM am. Contlnantal Breakfast it*" proactive alltsroes? This session w8 explore the aombke m of - drour nstanas which led to the dmicipmem of two dynerdo profects for the nee,. e:30 — 9:15 a.m. CALAA Looking Ahead millennium. Panelists Include (paid W: Rhodess o Jote0. Artistic tlNscyor Thr . Grab your cotMe and pastry and take a seat for this penury ssaelonl After the Merles Punier C Theater Ion banoasted Woman end JtaM KrsideK iScsaMlva .; oennc�e opening and welcome, youll hew about the strategic objxWee Dixbr Cultural iJtlativea SlNaot Valley .:•:developed by CALAA's Board of Diecore, loll-nd by (are you ready?) the You've Heard of Y2K? WWI this a CTKI Introduction of CALAKs new CEOI CALAA, with the support of the California Arts Coundl's SWs Loot PartrMr" 9:15 -16A5 am. Program, developed the COOS Toot Kit to provide information, resources, and '... . "- Lows Division IiAAarkatirrg Mambo Jumbo (for beginners) to communities considering a local arts agency for their hutim This session _ knrolves a brief overview of the Cities Tool Kit, available raeouras to local eras-:: : Involves Upper Division Marketing Mumbo Jumbo (for the more experienceM agency start and board memlbers, and ways county agencies an use t o Tool AN In It chan seems IIW a foreign Iwgwge but marketing Involves systematic, effective their comma nses. Presented by CALAA'8 now Diiectord Programs Bryan Bats.' approaches aligned with an oryeNzWbn's mission and kdentilled audkmaa There w8 be two workshops, one for those lob femillat with the Ins and outs of marketing 3:15 — 3:30 pm. BREAK and Promotion and a second for those with markaarg experience who will participate - - in a more advanced discussion, Presenters: Craig PaMnx, Golden Cure Arts — 330 5 00 p m Concurrent Workshops �.- Director Yerbs Buena Center A eslon Faculty member sod fbmier MdlaWng Director: lbrfbs Ante and wwtwpns wftr b bs wmw nvod. GGG -Build it arnd The/ Will Come, Woret They?- Getting a Xrde on Building a IIII Ne " 10A5 BREAK Everyone is go" one, everyone seems to be doing it — building a wI - I when you . . . —11:00 a.m. ant figure out your e-mail. Do I need a webehe? Okay, you want ore, now~ This sent loWs panelists represent those responsible for Irlplg corntslrh�ty based ' " 71 d70 —12:00 - fill Amorpat YourutalvN - p ore deemfne ties and taw Uly ashouldNO theirtheirudljh ". Another opportunity to Wove Insights, each up on what'a happening in other ordm Soderbneeds ic , presence. Panelists include: Gordon erg, TseMfoaf 1)iecfortseponable for communities, gat questions answered on taw offer agences put together to the Arts Or" and the Rural Arta and Inlamatlon NsbhcvR (RA" programs 40k* program you've been hearing so much sbaf, and get Involved in some thoughtful People Center for the Arta, Antoinette Hartslon,.CEO efffre webs& daapn 60 ; aeweelore on oana, I I - o, and troroWSripgseea topice In0l ds: - :.'. 4%%Wealgne.*-, and a representame of CompuAM6ODr-1YtOfIpfWRWgaNladOrf High Staff Turnover ale Challenges of Udrsainirhg Continuity provk" tsoht" assistance to oilier nonpmffs and to aetrook awvirD biw4womo .. identifying and Supping Emerging Local Arts Agency Leaders ;",-• communities. Making Cultural Tcurlem Work For You [ What's Your Beef? Top Challenges Facing Yaw Agency Public Art— The Good, the Bad, the Ugly. the Beautlkd One County at a Time - Generating New Support for CA Arts Advocates Public Art Is an Issue being discussed In many California communities. The field of Open Space Dialogue - Whatever Comes tip to Tabs About puWb an ranges from long established and well furled to emerging programs to temporary exhibitions and pro)ecb In rural and amaMr communities. This ssesion will 12'00 —1:30 pm. LUNCH present examples of public an programs. Panelists: (perdel list) Andy Jorvenson, Clly Lunch with Barry. Really appointed Director W the CWNornia Arts Council (CAC), of Pleatwfort Susan Pontiuus, Son Francisco Arta CorratYedon Public Art Propner% Berry HeeasrYus will share reflections of he flat sic to id ha in Wks, his plans for tie VWnk ROW,, Clfy offthntdrrdArts Coordinator. CAC's future, and what the arts in California ken now expect. A great tine to ask F' :searing and Insightful questions to Oro head of the CACI 5,00 — 5:15 Pm. G ' 'Arid What a Long, Strange Trip We Been' - Convocation Wrap Up I AS - 3:15 pfrL Concurrent Workshops A plenary, session to hear what we have all learned during the convocation. Review .. .. ,:..: Opportunities created and met, Information shared and obtained and ways for ` "_ - Arlo and Culture Programs as a Reflection W Community Life conference organizers to sfan the evaluation process and begin planning for rod Community assessment and program development are the building blocks of the local year) _ o- arts agency house. So how do we detertMne If what we're doing Is meeting community needs? This workshop will include an overview of the basic principles of community assessment followed by examples of program development. Panelists F�recutive lNredor the Arts Cuawe CarrMsalon / . induce. Magn Cowan, o F 11 . Cosa Costa County currently cordtrdbg a cornnwMlyassessment and cultural - planning process : Debbie Goodwin, Executive Director of the Hurnbo ldt Arta Councif. dbected the development of sweW-Me-art odnaal facililfy and Jud11A TeXWmen, t Non -Profit Commuanky Orgenizabional Development Consultant and Tectmial Assistant SpeGefuL L.A. County. 004, hy4 TIONREfi18TRAT10N cALAAmembers nett m«ttbata CAW &wwcafim 2000 :):sallyWd0et*Sapbmbw15 $150 5185 aCaldfcrd -' $175 i795 R -gl awns a t w xWes nat or �weta aid mall this form �ateteq kt,afterQct is $200 $= } F',_-Emerging LetWera (apanty titan under 35 years of age) or Name '' aai00flQ a�ili Qera011 flolll tits BeIIM 80BfICy (moat 6Ubrnit rBQl�aSmn at tits ., ' a .yR.yayph4ttlk4 tatl t+'swy(:w+PP«t aveWable. Contact CALAA for applil:ellon and � Address -. MOTEL RESERVATIONS: Contact the hotel drag to make your reservations: a limited numbs of City an id styeaatt+ad. 4M1 tttas to kWWM that you are attWOV the MAA r er Boom fdhb is $09 per roplug 12%tax for Thursday Octobe Tblepi" Fac 28 and Fddsy fJi*w 27. If needed. itlton Sacramento Arden Yvest 1 ;fartalL ra=8300ihrwKf[bVNI ..-, ?p �J%--%br-OChsck OVlett OUnW,ard a Saeraananlo;CA96V15 t-900-MLTONS or z ' fi{ : _Card # -Exp. Date 1-916922-4700 a TRANSPORTATION: Sacramento lalemationai Airport ;Super Shuttle to the Mlton (special discounted rate of $10 each way, be am, Moll or fax to: CALAA, M Sutter SL, Third Floor, San Francisco, CA 94102 to ask for dismounted rate w — making shuttle reservation 916.557.8370) Fax 415.441.5M Questions? 415.441.5900 calmOcalaanet ,'OOSIONetle NVS OIVd 30Y1SOd'S!1 doctor ildoueNON Pell plead) uapepuW:l P+aMPad aMpnl Poe PNeO e41 Pue 'Meurer', WV uaulod OW WuewuPeS a41 'ugaalooeN uop✓alel 9WO alwoPpo etas wa,dad dl4-11-d hoot aMS e.I—no•J eW .M.oypo a41 uuy edl4arO6 w pus uo4apunod auwl e r aW )o lroddm enw—O a4145nww Polua9erd el OOo? uo4exnuoo VVlV7 60ST-S^776 "0 r,urnn 609T XOS Od eiutno e'I 3o XITO ZITAzOH aipOQ °!N1PMV 'opalaw-S P'eM "mod "PH w—S wds - tuda -,coot !Z NWp 'brig Hldo - Mid1:000t '9t MWO 'hopumv ZO Lb6 dO `ooslouOJ=l UeS .Iool=j P-l!t4jL iS .tafi3nS £69 sei=96y sLty leool )o Algwessy elwo)geo 14493V "Nor --m 'q%2r --� airJ h+rill"unuaJ Pmv avvill n, 'Wol jot sz ropumNnddo ar6alvjfS sUO? J.7vUUu'7 alll 22E uorl$=f= did-Id00 U( 155 T44 4 XP Q" COUNCIL/RDA MEETING DATE: October 3, 2000 Approval of a Request by the County of Riverside Planning Commission to Utilize the Council Chambers for Public Hearings on December 6, 2000 from 8:00 a.m. to 7:00 p.m. AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: /3 Approve the request by the County of Riverside Planning Commission to utilize the Council Chambers for public hearings on December 6, 2000 from 8:00 a.m. to 7:00 p.m. In accordance with the Guidelines for Use of Civic Center Facility, facility fees are not applicable. None The County of Riverside Planning Commission has requested that the Council Chambers be made available on December 6 , 2000 from 8:00 a.m. to 7:00 p.m. for public hearings. The request meets all the requirements of the facility use as contained in the City's Guidelines (Attachment 1). The application submitted by the County is attached (Attachment 2). Alternatives available to the City Council include: 1. Approve the request by the County of Riverside Planning Commission to utilize the Council Chambers for public hearings on December 6, 2000 from 8:00 a.m. to 7:00 p.m.; or 15IG 2. Do not approve the request of the County of Riverside; or 3. Provide staff with alternative direction. Respectfully submitted by, Tom Hartung Director of Building & Safety Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Guidelines for use of Civic Center Facility 2. Application for Use of Council Chambers 157 002 ATTACHMENT 1 CITY OF LA QIIINTA GUIDELINES FOR USE OF CIVIC CSNTSR FACILITY 1. Council Chamber - seats 106. 2. Study Session Room - seats 33. 3. Groups are to use the Study Session Room unless. the' size' of the group or the, need for audio-visual equipment necessitates use of the Council Chamber. II. CITY IISE OF CIVIC CENTER 1. The primary use of the Council Chamber and Study Session. Room is for the conduct of meetings for the entities listed below: a) City Council b) Planning Commission c) Community Services Commission d) Design Review Board e) Art in Public Places f) Investment Task Force g) Other City appointed boards, commissions and committees 1. Other non-profit and Governmental Agencies, S01(c) entities, that serve residents of La Quinta, may be granted permission by the City Council to use the facilities. �., 1. A person or group desiring to use Civic Center facilities must file an Application for Use Permit with the City Manager's Office. Applications must be completed and submitted.at least three calendar weeks prior to the scheduled event, unless otherwise waived by the City Council. 158 0 L-% 4 2. All qualified groups using the Council Chamber and Study Session Room must have $500,000 general liability insurance coverage per occurrence, lis Q the City of IAOuinta as an additional named u insred. Groups that do not have insurance may purchase' special event insurance through the City's insurance policy. 3. All applicants must indemnify and hold the City harmless from any and all losses and/or claims. Indemnification -forms will be provided by the City and must accompany submittal of the Use Permit Application_. 4. Users of the Council Chamber and Study Session Room will be responsible for all damage to the building, appurtenances thereto, and shall be responsible for reimbursement to the City for any loss or damage to City property caused by such use. S. The City must be notified as soon as possible of any cancellations, so that the facility may be reassigned. 6. Approval shall be granted by the City Council. The City Manager is authorized to permit a use when the Council meeting schedule precludes Council' consideration in a timely manner. Approved permits will be issued to the person filing the application prior to the event. 7. In the interest of widest community use of the Civic Center facilities, no one non-profit community group shall use the facility more than eight (8) hours per month.* 1. The City shall charge for after hours use of Civic Center facilities. Said charge is to recover full cost for use of the facility (personnel, equipment, electricity, etc.) and shall be paid prior to the use. The hourly rate shall be established by the Council during the City's Annual Budget Review process.. * Governmental Agencies are exempt from this requirement. 159 v5 r 2. A refundable cleaning deposit is required. The City may withhold all, or a portion, of the deposit if cleanup is required. The deposit will be established based on the use as follows:* (a) Session Room = $200 (b) Council Chambers (up to-53 people) _ $300 (c) Council Chambers (54 people plus) _ $500 VI. CIVIC CnrMR SOQIPDMRT 1. City owned.audio visual and public address equipment may be used, provided City staff is responsible.for its operation. 1. Any proposed use of the Council Chamber or Study Session Room shall not lead to the cancellation of a reemlarly scheduled meeting. 2. For non -City functions, use of the Chamber and Study Session Room shall not be prior to S a.m. or extend beyond 10 p.m. 3. Food, water, and beverages shall not be consumed in the Civic Center facilities. 4. Smoking shall not be permitted anywhere in the Civic Center. 5. Juvenile organizations shall have adequate supervision when using Civic Center facilities at a ratio of not less than one adult per twenty minors. Disregard of this rule shall be considered cause for immediate cancellation of.the Use Permit. 6. Any approved Application for Use of Facilities may be revoked without previous notice where conflicting dates with a City purpose have subsequently developed. For other cause(s), permits may be revoked at any time upon 24 hours notice. * Governmental Agencies are exempt from this requirement. Ito v06 7. No animals, except those necessary for disability assistance, are permitted in the Civic Center. S. No admission fees may be charged, unless as a fund- raiser for the organization renting the facility. 9. These guidelines may be modified at the discretion of . the City.Council. FY 1993/94 hourly rate for use of the facilities is $32 161 0U-7 ATTACHMENT 2 z4i C V� y Of n+� Organization: COUNTY OF RTVRRSTDP._, PT.AWMTNG COMMISSION Person(s) In- Charge: A .P.TA LAURRNCR Phone: _4 909)-9,55=3265 Address: 4080 LEMON STREET, 9TH PT.nnR, RT11rRQT,DE. CAS QZSAo .Facility Requested: COUNC:TL OHAMRP.RS Type of Event: Public xxxxx Private Description of Activity: RTyRRAtnR rnTTNTv PLANNINn rnN TSSTQN PUBLIC HEARINGS Date(s) of Use:12 / 6100 Size of Group: JINKNOWN Time of Use: Start (a.m./p.m.) 8_007a--mFinish (a.m./p.m.) 2-no Y,m, Total Hours of Use 11 x $32.00 /hour = S N/A << Certificate of Additional Insured Attached: -or- City Insurance Requested: Fee Paid: S N/A Refundable Cleaning Deposit Paid: S N/A Session Room = $200 Council Chambers (up to 53 people) = $300 Council Chambers (54 people plus) = $500 Total Paid: S N/A The undersigned hereby agrees to abide by the rules and regulations of the City of La Quinta relating to the use of public facilities. Date:Signature:,-,�g, Title: DIRECTOR OF PLANNING Deposit Required For: Deposit Returned: Date: NOTE: the parson signing the application and the ■tatimant of information muat be an officer of the 162 sponsoring organization. If the person is not an officer of the organisation for which application is Wade, he/she must present written authorisation from the group to sign. T4ht 4 4Q" COUNCIL/RDA MEETING DATE: October 3, 2000 ITEM TITLE: Approval of Request for Proposal to Provide Design/Build Services for the Design and Installation of Lighting Improvements at the Sports Complex Project #2000-05 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 14 STUDY SESSION: PUBLIC HEARING: Approve the Request for Proposal to obtain design/build services for the design and installation of lighting improvements at the La Quinta Sports Complex. FISCAL IMPLICATIONS: None at this time. The additional field lights for the sports complex are identified in the Fiscal Year 2000-01 Capital Improvement Program and has been assigned, Project Number 2000-05. The followinq represents the available fundinq and fundinq sources: Project Funding Source Amount Available Sports Complex Lighting System Quimby $50,000.00 TOTAL AVAILABLE FUNDING: $50,000.00 The following represents the proiect budqet as approved within the CIP: Design $5,000.00 Inspection/Testing/Survey $3,875.00 Construction $38,625.00 City Administration $2,500.00 TOTAL ANTICIPATED COSTS: $50,000.00 As illustrated, sufficient funding exists to support staff's recommendation. 163 CHARTER CITY IMPLICATIONS: The project is 100% funded with Quimby Fees collected from the development community. Therefore, the project is not subject to prevailing wage and may result in cost savings. BACKGROUND AND OVERVIEW: On July 5, 2000, the City Council approved and adopted the Fiscal Year 2000/2001 Capital Improvement Program (CIP), which included upgrades to the La Quinta Sports Complex Lighting system. The City of La Quinta provides lighted fields at the La Quinta Sports Complex for use by recreational organizations. The current lighting system lights a large majority of the fields, however does not provide lighting on a portion of the complex that could provide additional practice space. By providing additional lighting, the currently unused field space could be utilized. This would increase the amount of useable field space for night use at the sports complex. The Request for Proposal (RFP) specifies the additional lighting will be compatible with the existing lighting system. The RFP is provided as Attachment 1. Page 007 of this report provides a site map which identifies the location that will be illuminated by the lighting improvements. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the Request for Proposal to provide design/build services for the design and installation of lighting improvements at the Sports Complex; or 2. Do not approve the Request for Proposal to provide design/build services for the design and installation of lighting improvements at the Sports Complex; or 3. Provide staff with alternative direction. ly, s)r bmitted, ie Horvitz, Conifnunity Services Director /A�lrov d for submission b Thomas P. Genovese, City Manager 164 Attachment: 1 . Request for Proposal for Design Services 002 S:\Community Services\CCReports\CC.072.wpd ATTACHMENT 1 CITY OF LA QUINTA REQUEST FOR PROPOSAL TO PROVIDE DESIGNBUILD SERVICES FOR THE LIGHTING IMPROVEMENTS AT THE LA QUINTA SPORTS COMPLEX The City of La Quinta is requesting proposals from qualified firms and/or individuals to provide designibuild services for the lighting improvements at the La Quinta Sports Complex. This will include the design, construction, construction management, materials and appurtenance and inpsection services during construction. Proposals will be received by the City of La Quinta Community Services Department located at 78- 495 Calle Tampico, P.O. Box 1504, La Quinta California, 92253 until 10:00 a.m. Friday, November 3, 2000. Proposals will be addressed to the attention of Dodie Horvitz, Community Services Director. TYPICAL SERVICES: This project includes but is not limited to providing the design and construction of an expansion to the existing lighting system to significantly illuminate the southwest corner of the north field at the La Quinta Sports Complex. This project shall be awarded as a "Design/Build" Improvement. The successful bidder shall be responsible for all aspects of the project. Typical services to be provided include, but are not limited to: Prepare design plans and specifications for the lighting improvements at the La Quinta Sports Complex; Perform appropriate engineering related field survey, and base map preparation; Perform utility coordination and obtain clearances; Perform coordination with local, regional, State and/or Federal agencies as necessary; Coordinate work schedules with Truman Elementary and La Quinta Middle Schools to minimize impact on the schools use of the facility. Obtain all required permits; Preparation and tracking of project schedules; Monitor and report on project status; budget vs. actual expenditures; contract time vs. actual time; As necessary, provide information to be included in staff reports for City Council and/or Planning Commission consideration; • Attend all appropriate public meetings to discuss the project including but not limited to User Group Meetings, Community Services Commission, Planning Commission and/or City Council. Recommend the expansion of the existing lighting system to achieve sufficent lighting for 165 004 full field use. Provide all materials and labor for the construction and installation of the expansion to the lighting system. INSURANCE: In accordance with Section 5 of the attached agreement, consultant shall procure and maintain, at its cost: 1. Personal and public liability and property damage insurance; 2. Automobile liability insurance of $1,000,000; 3. Workers' Compensation Insurance; and 4. Professional errors and omission's liability insurance. PROPOSAL: Currently, the La Quinta Sports Complex is lighted with 25 light standards with 135 light fixtures. This existing configuration does not totally illuminate the playing field. It is intended that the existing lighting system be evaluated and upgraded in such a manner to alleviate these "dark spots". The lighting improvements will be coordinated and compatible with the existing lighting system and will include connection to the existing lighting control system. A site map is attached that shows the configuration of the sports fields and the area that needs to be illuminated. The La Quinta Sports Complex is located at the La Quinta Middle School/Truman Elementary School site on the corner of Avenue 50 and Park Avenue, in La Quinta. Consultants are encouraged to keep the proposal brief and relevant to the specific services required. The City of La Quinta has $43,625 budgeted for this entire project, "turn key", including but not limited to: Designs, plans, specifications, estimate, professional services, inspections, permits, approvals, any and all meetings and full construction of all facilities. The City of La Quinta is a Charter City. The project is 100% funded with Quimby funds collected from the development community. Subsequently, the project is not subject to prevailing wage requirements. Five copies of the proposal shall be submitted and include relevant Statement of Qualifications, Resume(s), and listing of projects with contact personnel that are relevant to this type of work. In a separate sealed envelope, consultants must submit the a cost breakdown for each item and phase of the proposed work. Each representative of the consultant team must be listed along with each firms name. SELECTION PROCESS: Proposals will be reviewed by a Consultant Selection Committee. The Committee will rank the team consultant for contract negotiations based upon the teams experience approach to the project, project 166 005 schedule and qualifications. This project shall be complete and operational by December 31, 2000. The maximum amount allocated to this project is $43,625 for all work previously listed complete. No amendments or change orders to this contract are authorized. Firms will be ranked upon their written proposal, and verbal presentation to the consultant selection committee. It is anticipated that interviews will be conducted during the week of November 6, 2000 with the contract award scheduled for the City Council meeting of November 21, 2000. The successful consultant will be expected to enter into the attached Professional Services Agreement. 167 006 La Quinta Sports Complex .EASE Lessor: Lessee: " j /j \ • \ I 1 Additional Lighting Needed In This Area ' --- -; -! - /// / ; ---- 03 1, 1 jr ow a ---- - - `. 168 007 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to lighting improvements at the La Quina Sports Complex as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation c n not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. V J 008 Any greater increase must be approved by the City Council. 1.7 SSgecial Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed $ (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Ma'eure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts 7 of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgement such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 170 009 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. 7.1 It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Chris Vogt, or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents. or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 171 00 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers; employees, contractors, subcontractors, or agents. 5.2 Indemnification. Consultant shall defend, indemnify and hold harmless City, its officers, employees, representatives and agents, from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' 1724 fees, for injury to or death of person(s), for damage to property (including property owned by City) U11 and for errors and omissions committed by Consultant, its officers, employees and agents, which arise out of Consultant's negligent performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific �� purpose intended and causes to be made or makes any changes or alterations in said documents 012 and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services. under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 174 013 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 'Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 175 014 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: To Consultant: CITY OF LA QUINTA 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 Attention: Chris Vogt Attention: 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgement or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation THOMAS P. GENOVESE, City Manager Date 176 015 ATTEST: JUNE S. GREEK, City Clerk APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney CONSULTANT By: Name: Title: Date: 016 Exhibit A Scope of Services Currently, the La Quinta Sports Complex is lighted with 25 light standards with 135 light fixtures. This existing configuration does not totally illuminate the playing field. It is intended that the existing lighting system be evaluated and upgraded in such a manner to alleviate these "dark spots". The lighting improvements will be coordinated and compatible with the existing lighting system and will include connection to the existing lighting control system. 178 017 Exhibit B Schedule of Compensation Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed $ except as specified in Section 1.6 - Additional Services of the Agreement. 179 D Exhibit C Schedule of Performance Consultant shall complete all services by December 31, 2000. 019 c&t!t 4 4 Q9A& AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: October 3, 2000 CONSENT CALENDAR: INJIUT- _IMF-" STUDY SESSION: Consideration of an Ordinance Amending Chapter PUBLIC HEARING: 8.03, Section 8.03.020 (Underground Wires), of the La Quinta Charter and Municipal Code Relative to the National Electric Code RECOMMENDATION: Introduce an Ordinance amending Chapter 8.03, Section 8.03.020 (Underground Wires), of the La Quinta Charter and Municipal Code relative to the National Electric Code: A. Move to take up Ordinance No. by title and number only and waive further reading. B. Move to introduce Ordinance No. on first reading. FISCAL IMPLICATIONS: None CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: If an existing overhead electric service panel malfunctions and needs to be replaced, the current regulations would require the wires to be placed underground in conjunction with the repair. The proposed amendment would allow the panel to be repaired without causing the overhead wires to be placed underground. The proposed revision in the regulations would spare homeowners the considerable and unexpected expense of placing the wires underground, and should all but eliminate requests for exemptions from the provisions based on hardship. New services and services that are moved to a different location would still be required to have the wires placed underground. The only condition that would require the wires for an existing overhead service, left in the same location, to be placed underground, would occur when an addition to the structure takes place that enlarges the existing structure by more than fifty percent. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Introduce an Ordinance amending Chapter 8.03, Section 8.03.020 (Underground Wires), of the La Quinta Charter and Municipal Code relative to the National Electric Code; or 2. Do not Introduce an Ordinance amending Chapter 8.03, Section 8.03.020 (Underground Wires), of the La Quinta Charter and Municipal Code relative to the National Electric• Code; or 3. Provide staff with alternative direction. Respectfully submitted, �� 4:�� Tom Hartung, Dir for of Building & Safety rov d for submis n b Thomas P. Genovese, City Manager Attachment: 1. Redline copy of Chapter 8.03, Section 8.03.020, Article 120-7 of the La Quinta Charter and Municipal Code ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA AMENDING CHAPTER 8.03, SECTION 8.03.020, SUBSECTION 120-7 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATING TO THE NATIONAL ELECTRIC CODE THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION I. That Chapter 8.03, Section 8.03.020, Subsection 120-7 of the La Quinta Charter and Municipal Code is hereby amended to read as follows: 120-7 Nonconformance -Termination. Any utility facility, which is not in conformity with the provision of this article as of the effective date of this ordinance, shall be considered nonconforming and may continue to be used and may be read, altered, enlarged, ,or have additions thereto in its existing location without any provisions of this article being applicable thereto; provided, however, that when any building or structure to which any utility facility provides any service is enlarged or an addition is made thereto and the cost of replacing said building or structure with its addition or enlargement exceeds by fifty percent the cost of replacing said building or structure prior to its enlargement or the addition thereto, all utility facilities which provide service to such building or structure, as described in the aforesaid clause, shall be caused to comply with all the provisions of this article. Also, whenever an existing service is relocated on nonconforming property, or a new service is established on nonconforming property, any such relocated or new service shall be caused to comply with all the provisions of this article. The term "cost of replacing", as used in this section means those costs as computed by the E3Idigr€ir Director or his delegated representative. In making said computation, said City Official shall use those tables and figures provided in that publication entitled "Building Standards", as published by the International Conference of Building Officials, Whittier, California, and which is current at the time of such computations. Said tables and figures shall apply to a building which would conform to all City and State Regulations, including the City's Building, Plumbing, Wiring, Mechanical, Fire Codes and Zoning Regulations, which are effective at the time of computation. SECTION II. EFFECTIVE DATE:This Ordinance shall be in full force and effect thirty days after its adoption. SECTION III. POSTING: The City Clerk shall within fifteen (15) days after passage of this Ordinance, cause it to be posted in at least three (3) public places designated by resolution of the City Council; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED, and ADOPTED this day of by the following vote: AYES: NOES: ABSENT: ABSTAIN: John J. Pena, Mayor City of La Quinta, California ATTEST: June S. Greek, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. Katherine Jenson, City Attorney City of La Quinta California 184 ATTACHMENT 1 Redline copy of Chapter 8.03, Section 8.03.020, Article 120-7 of the La Quinta Charter and Municipal Code 120-7 Nonconformance -Termination. Any utility facility, which is not in conformity with the provision of this article as of the effective date of this ordinance, shall be considered nonconforming and may continue to be used and may be rre, altered, enlarged, or have additions thereto in its existing location without any provisions of this article being applicable thereto; provided, however, that when any building or structure to which any utility facility provides any service is enlarged or an addition is made thereto and the cost of replacing said building or structure with its addition or enlargement exceeds by fifty percent the cost of replacing said building or structure prior to its enlargement or the addition thereto, all utility facilities which provide service to such building or structure, as described in the aforesaid clause, shall be caused to comply with all the provisions of this article. Also, whenever an existing service is relocated or renewed on nonconforming property, or a new service is established on nonconforming property, any such relocated, renewed or new service shall be caused to comply with all the provisions of this article. The term "cost of replacing", as used in this section means those costs as computed by the iaiIdi ' < d ale Director or his delegated representative. In making said computation, said City Official shall use those tables and figures provided in that publication entitled "Building Standards", as published by the International Conference of Building Officials, Whittier, California, and which is current at the time of such computations. Said tables and figures shall apply to a building which would conform to all City and State Regulations, including the City's Building, Plumbing, Wiring, Mechanical, Fire Codes and Zoning Regulations, which are effective at the time of computation. 185 Tit�t 4 4 Q" COUNCIL/RDA MEETING DATE: October 3, 2000 Consideration of Proposal from Widespread Weather Services, Inc. to Provide Weather Information About the City As deemed appropriate by the City Council. AGENDA CATEGORY: BUSINESS SESSION: d__ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The program offers two basic programs with two options each. The basic program can either be a weather station only or a weather station in conjunction with a web camera. The options for both programs involve payment structures. Basically, the options include paying a one-time setup fee with a lower monthly cost, or paying no setup fee but paying a higher monthly cost. Costs are outlined below: Weather Station Only Option 1: One-time setup fee $1,999 Monthly fee $199 Option 2: One-time setup fee $0 Monthly fee $299 Weather Station and Web Camera Option -1: One-time setup fee $3,499 Monthly fee $199 Option 2: One-time setup fee $0 Monthly fee $399 Funds for this program have not specifically been budgeted in the City's Fiscal Year 2000-2001 Budget, however, the City Council did reserve approximately $34,000 within the budget for general marketing purposes (Media Promotion, Account No. 101-103-643-823). There are sufficient funds within that account to pay for this program if the Council chooses to participate. None. :M City Council Members, as well as several staff members, received correspondence from a company called Widespread Weather Services, Inc. (WWS) in August 2000 relative to developing a private weather monitoring station for La Quinta (Attachment 1). In addition, Council Member Perkins brought the matter up under Mayor and Council Members' items at the August 15, 2000 City Council meeting. At that time, the City Council concurred on referring the matter to staff. Subsequent to the August 15`" Council meeting, Mr. Greg Potter, President of WWS, met with Mayor John Pena to discuss the proposal (Council Member Sniff also joined the meeting). Mr. Potter distributed some additional information at that meeting relative to his company's services (Attachment 2). WWS's proposal is for the City to participate in the program by sponsoring a weather station with the option of adding a web camera that will graphically represent the current weather in La Quinta. The difference between WWS and other weather services currently available, is that the WWS proposal measures the micro -climate of La Quinta (i.e. site specific to La Quinta). Currently, weather for La Quinta is based on readings at the National Weather Service station in Thermal, or based on data from Palm Springs. WWS will provide a weather station in La Quinta and, if desired, add a web camera. Samples of WWS's web page showing Palm Desert are attached to show the detailed weather information available and a sample of the web camera picture (Attachment 3). At one point during this process, a question was raised about whether the La Quinta Resort & Club is installing a web camera. According to Mr. K.C. Kinsey of KSL Desert Resorts, a remote control camera is being installed at PGA West in conjunction with KMIR television for use during their weather forecasts. Staff has asked for clarification as to whether the camera will also be used as a web camera (i.e. available to users of the internet vs. television), however, as of this writing, no response has been received. Apparently, the Resort has also had some internal discussions about adding a web camera at the Resort. Staff will report verbally on these two issues at the October 3rd Council meeting. Staff asked Mr. Potter if other cities are participating in the program and was informed that although WWS is currently marketing the program to other Coachella Valley cities, none has yet agreed to participate in the program. 187' t�. The alternatives available to the City Council include: 1. Approve the request by Widespread Weather Services, Inc. for the City to participate in a private weather station and/or web camera; identify source of funds to pay for the services; and direct staff to enter into a contract for same; or 2. Do not approve the request by Widespread Weather Services, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, 44-L - Britt W. Wilson, Management Analyst City Manager's Office Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. August Correspondence from WWS 2. Supplemental correspondence provided to Mayor 3. Samples from WWS's web site GAMyData\WPDocs\CITY COUNCIL\CCSTFFWEATHERSTATION 10-03.00.wpd 003 owws Cris Vogt Director of Public Works City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253-1504 Dear Mr. Vogt, ATTACHMENT 1 Widespread Weather Services, Inc. 74-075 El Paseo Ave., Suite C-2 Palm Desert, CA 92260 (760) 776-1744 (800)845-0383 _ F� Fax D wws@wi�wide 're re C I ��II�E www_wides rea .co AUG 0 7 2000 PUBLIC WORKS KS August 4, 2000 Thank you in advance for taking the time to review this letter. Its content and the following information can offer La Quinta a unique and valuable service. Widespread Weather Services of Palm Desert has launched an exciting new venture on the internet called AnythingWeather.com. AnythingWeather.com provides site -specific, real-time weather conditions from weather stations strategically located throughout the Coachella Valley. The weather stations have optional webcams, so at the click of a mouse, net surfers can get current weather conditions and streaming live video of the location, 24 hours a day, from anywhere in the world. Although KSL is interested in installing a weather station at this time, I want to offer the City of La Quinta the opportunity to install the first custom weather station in La Quinta. Our goal is to install at least one weather station in each city of the Coachella Valley. Information is power! Generally, the most sought after information on any newscast or in any newspaper is the weather. Studies show that an overwhelming majority of internet surfers use the web to look up weather information as well. One of the major reasons people come to La Quinta is to enjoy the clear skies and the stunning views. Now your website can have the current conditions and a live picture - an invaluable marketing tool for your city. What can a weather station do for you? As a weather station network member, the City of La Quinta will be the sole sponsor of the La Quinta weather station. This increases your ability to market the city worldwide, and it provides valuable current and historical weather information to residents, visitors and even your city staff. The best part is this information is highly accurate — and reflects your city's specific environment or "micro -climate". And there's an easy way to spread the word! Our unique "Weather Flash Card" allows other websites to paste a snapshot of your city's current conditions onto their site. Click on it, and it links back to your complete weather data page. Your flashcard will also feature the city logo, which will link to the City of La Quinta's website. You might consider adding your FlashCard to websites for the La Quinta Chamber of Commerce and the many golf courses and resorts within your city. To further increase your weather data page's real-time feel, we can also install a real -'time web camera anywhere in the city you choose. The combination of weather and streaming video makes for a perfect marketing tool and an exciting view of the City of La Quinta. As technology continues to move forward, the City of La Quinta will be on the leading edge! 189 -005 "Taking Weather into the 21st Century" Please take a minute and check out our Palm Desert weather station and El Paseo webcam by clicking "California" on the United States map from AnythingWeather.com's home page. I'm certain you'll be impressed. Please contact me directly at 345-9789 to set up a short meeting, so I can explain all the benefits to this new and exciting service. Best regards, i Gregg otter President 190 I1. Top 10 Reasons AnythingWeather.com can Attract Visitors to the City of La Quinta 1. Worldwide marketing opportunities. You can use the current and historical weather conditions from your location to attract web traffic and hyperlinks to your weather page and company home page. 2. Your complete weather solution includes our exclusive Weather FlashCard TM, which reveals the real-time snapshot of your site -specific weather conditions and can be placed on any home page, anywhere on the web. 3. Site -specific current weather conditions 24 hours a day, 7 days a week with high accuracy and all data feeds maintained by our friendly staff of meteorologists and technicians. Among other reasons, this allows farmers to know when critical temperatures are reached without leaving home. 4. Your company can sell the sponsorship location on your personal weather data page to other companies or organizations, therefore offsetting the monthly fee for design, 24-hour maintenance and data feeds of your complete weather solution. 5. You can get a complete web camera package that includes installation and data feed to your personalized weather data page, which attracts additional web traffic on a daily basis. 6. Millions of vacationers web surfers local residents, and weather buffs will visit your site to get current weather conditions and live web views every day. AnythingWeather.com will continue to market and advertise our entire network of weather stations, including yours! 7. Complete site -specific archive of weather information for as far into the future as you remain an AnythingWeather network member. Among other reasons, this allows resorts to publicize average temperatures, weather records, and other information to increase visitors spending time and money at their resort. 8. Professional installment forecasts, and maintenance of weather monitoring station and web cameras by our dedicated meteorological staff. Customer service will remain our # 1 goal from the installation through the life of our relationship with each client. 9. Gold Package includes our exclusive site -specific five-day forecast prepared by local meteorologists on a daily basis and will help you plan watering schedules, outdoor events, or any other weather -related activities. 10. Specific industries use AnythingWeather for different reasons, whether for marketing your business on the web, requiring site -specific weather information to increase their bottom line, or even specifically for their employees to have the weather data from home or from work 24 hours a day. 191 Please give us a call for more information: 800-845-0383 ATTACHMENT 2 7 192 L C.� u > N � L cd Pool I� O N .POO .. V O � O O O O O O O O O O O 194 • 010 IN c= � L 1. 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Ev .. •• a o v W � � 206 022 207 023 a- cv c�3 M • 4� a� a ct ct U w � N � >1 > Ic I 9 ct U 7 u C4� 0 ct N U b.A ct ct m ct ct ct 21 208 024 Climatological report for Septemberl1, 2000 at Widespread Weather F - - --- ^ "--- ' -" ATTAr.HMFNT Palm Desert, CA Dew Wind Peak Daily Report Time Temp. Humidity o Pt. Barometric Speed Wind Gust Precip. ( F) I I (/0) ( (°F) Pressure I 1(mph),Direction, (mph) (in.) I I September 11, 2000 Sponsored By: 01:00 75.5 22 34.0 29.93 1 SE 3 00:50 0.00 AL&Z Advertising 02:00 73.8 26 36.8 29.94 1 SSW 3 02:00 0.00 Summary 03:00 73.5 26 36.5 29.95 1 SW 4 02:50 0.00 Total Precipitation: 0.00" Peak Wind 03:30 74.2 24 35.1 29.95 2 WSW 5 03:20 0.00 Gust: 7mph 03:50 High 77.80 04:00 73.9 27 37.8 29.95 2 W 7 03:50 0.00 Temperature: F 00:10 Low 73.00 Temperature: F 02:40 04:30 74.1 23 34.0 29.95 3 W 6 04:30 0.00 Back to Current 05:00 74.6 22 33.3 29.95 2 W 7 04:40 0.00 Conditions 05:30 74.8 21 32.3 29.96 2 WNW 6 05:20 0.00 Station Location: Widespread 06:00 75.0 19 30.0 29.97 2 W 5 05:50 0.00 Weather Services Home Office 07:00 73.7 24 34.7 29.98 2 W 4 07:00 0.00 Palm Desert, CA Elevation 243 Feet http://www.anythingweather.com/today.asp?station=wwspalmdesert 209 025 9/11/00 Anything Weather -- Current Conditions at Widespread Weather Services Elevation 243 Feet Page 1 of 1 MONDAY, HISTORY AND CURRENT FORECASTS I SEPT ODOR 11, ( CONDITIONS I 7:20:00 AM Daily History Temperature 73.7°F text ''°per`' High Since 77.80 Midnight (oo:1o) F (00:10) Monthly History Low Since Midnight 73.00 (oz:ao) F (02:40) Wxt ` ' ` Humidity 27% 7-Day Dew Point 37.7°F Evapotranspiration Barometric txt @ �" ' Pressure Rising 29.99" Rising Wind Speed 1 mph 5-Day Forecast Wind Direction W FlashCard Peak Gust (1 hour) 4 mph Monthly Averages Heat Index 73.7°F Rain Amt Since 0.00" Midnight ET Amount Since 0.006" Midnight Soil Temperature 80.2°F Palm Desert, CA Weather Station Sponsored by: ALU Advertising AL&Z Offices, El Paseo, Palm Desert, CA 8:30An September 11, 2000 Station Location: Widespread Weather Services Home Office Palm Desert, CA Elevation 243 Feet 210 -- 026 http://www.anythingweather.com/current.asp?station=wwspalmdesert 9/11/00 Tiht 44Q" AGENDA CATEGORY: BUSINESS SESSION: 3 COUNCIL/RDA MEETING DATE: October 3, 2000 CONSENT CALENDAR: STUDY SESSION: Consideration of Request by La Quinta PUBLIC HEARING: Arts Association for the City to Approve Submittal of Commercial Property Improvement Program Application As deemed appropriate by the City Council. None for this action. The La Quinta Arts Association's Commercial Property Improvement Program (CPIP) application seeks approximately $5,000 (the application shows $2,950 for painting, however, Ms. Reynolds indicated to staff that she would like to increase the amount to cover the cost of awnings). The Fiscal Year 2000-01 budget contains $150,000 for the CPIP plus administration costs. As of September 25, 2000, CPIP applications submitted to the La Quinta Redevelopment Agency total approximately $71,000. None. The La Quinta Redevelopment Agency approved a Commercial Property Improvement Program in May 2000 which allows applicants to apply for funds to facilitate enhancing the economic and aesthetic potential of commercial properties within Redevelopment Project Area No. 1. As part of the application process, the property owner is required to sign the application. Ms. Elaine Reynolds of the La Quinta Arts Association applied for funds under the CPIP (Attachment 1), however, she has not obtained the property owner's signature (i.e. the City of La Quinta). Staff advised Ms. Reynolds that the City of La 211 Quinta, as the owner of the property in which the Arts Association office is located, would have to sign if the application were to be processed. Subsequently, Ms. Reynolds filed the attached letter (Attachment 2) seeking the City Council's approval so that the Architectural and Landscaping Review Committee might consider the Arts Association's CPIP application. Ms. Reynolds has been informed that this matter has been placed on the agenda and has indicated she will be present at the meeting. The alternatives available to the City Council include: 1. Approve the La Quinta Arts Association's request and authorize the City Manager to execute their Commercial Property Improvement Program application; or 2. Do not approve the La Quinta Arts Association's request; or 3. Provide staff with alternative direction. Respectfully submitted, " �L Britt W. Wilson, Management Analyst City Manager's Office Approved for submission by: l Thomas P. Genovese, City Manager Attachment: 1. La Quinta Arts Association CPIP application 2. Letter from Elaine Reynolds, La Quinta Arts Association, dated September 21, 2000 G:\MyData\WPDocs\CITY COUNCIL\CCSTFFLAQUINTAARTSCPIPAPPLICATION 10.03-OO.wpd 212 002 l V Quinn ROd"opmeatAgmiq ATTACHMENT 1 Contnterclal Property Improvement Program Application Applicant IntomoWn AppkW Name: —251 AppkaM Prone: ,:¢i 4 -! emsAppkamt f; Mao: ZQ PIS, Name of Blairless: s�c,�i��_��tirs�aa� .. i�r� Ma"Awe P-I! .A6p, ¢.4a4Z.U;2 G9 Business Photo: 7 7/ -,0 0 7 &amm Fax: S!o 4 -,5457 Pio "Owner Yes: NO: X eusvwn owner. Yes: No: /P•,i��+,�j, j�iprJ Project Intonnation Type d Busnm: PmW Gook: _ ToW Pmpd Coal (Own attaa Re*WW AqVw7 Aza4WnW.' Det m 0 w of Ap kwd Fundk Attachments • Two (2) ow photographs d M p vpwV whets Unprovemeft wS be i wWW • Pmlw skei m ar ptene Maw upon u dung Wwoo • Cal aetilm - Cerdksdon Ststemwft If the eIli? is not m owner or eie vAiM property. the baow'q aarfilin"on must W aomvte�d by owner 1, �f dedm under pwa y and pariury euK I am to owner of prgnAy ' N etis eppMCeOon. I adelotMs4ge IAat ony one (1) tertanl � ttn sut>rect Drop irnoMed in Mrs appYcapon may be awallod plogtalm ttat4iny n arhr one (t) ttiw� tlsW t'w►• Sionsluwe: tlac The k+NarMeg st♦ttraent must ba aompbNd M ha appkant and plopMly owner. thn admowledge the ifelp a this appfipbun and wIti(y tAat M above imtonnalon k true aM ooaea W 1lfe Wet of egbw knowledge and b". Ywe wldeatamd so a ewl*p tmprarenMM ReWb Agra oo t nwst be signed and alAh nm U Owe Radam"MOM AgWq pW to commoviv any wo , , Signawr oar Avo 213 -- 004 Aug-,$,&-00 1 1 : 44A LQ Chamber of Commerce 760 564 3199 P - O1 0�' OF T F CN U"M w Q OF G:001/ August 14, 2000 To: La Quinta Arts Association From: Shelly Morris President La Quinta Chamber orCommerox Re: lmprovemcnts to facility located at 51-351 Avenida Bermudas In resptmse to your request to paint the outside of the house and add awnings, we hereby agreed to these improvements with the lbllowing conditions: La Quinta Arts Association (subtenant) will cover all expenses incurred Permanent add-on'sladditions will remain at facility should the subtenant vacate promises Thank you for your ellbrt to improve the looks of this facility. La Quinlij Chamber 0' Cornmttrcc 7 8-3 1 1 lighway i I I L.i Quinta, CA 92253, PhcxW: , 60-iO4- ;144 Fax 700-�64- 1.1 I i w��w.Luluin�a<:h.irulxrrn(�•�tn�mcrrrc.cc�m 214 005 .. __ _..._. ._._.-ESTIMATE ._ __... A FAMILY PAINTING UCMU it 737363 54-205 AVEWDA IAARTINEZ LA QWNTA. CA 92253 (760) 564-1199 OR (760) 774-3748 LQ Arts Assoc. A": Elaine Reynolds 51 351 Ave. Bermudas La Quinta, Co 92253 (760)564-5957 fox OB DESCRIPTION4 Cornplstt Wertor - Float and sand all f atia area, caulk all cracks, patch all holes in stucco then paint walls with exterior f lot wall finish. Paint all trim in exterior semi -gloss latex finish. Sr. Discw+t 430.00 OTAL s2,550. DID INCAOM ALL MATERIALS AND i.ASOR. 3-4 DAV ESTI"Tfib COAVLET'ION TIME. P YI�I f IS NA UPON CQM[MUQN. IF VOV HAVE ANY QUOTIONS FILE SE CALL IRIAN UJND. 215 - 006 ESTIMATE A FAMILY PAINTING LICENSE # 737363 54-205 AVENIDA MARTINEZ LA QUINTA, CA 92253 (760) 564-1199 OR (760) 774-3748 ME: LQ Arts Assoc. Att: Elaine Reynolds 51351 Ave. Bermudas La Quinta, Ca 92253 (760)564-5957 fax 08 DESCRIPTION: Complete xterior - Float and sand all fatio area, caulk all cracks. Paint all trim in exterior semi -gloss latex f inish. la L L w o o J_Q yv w,.sZ.�� 4T11L$1,500.0 Includes senior discount d S +-V Q-0 . BID INCLUDES ALL MATERIALS AND LABOR. 2-3 DAY ESTIMATED COMPLETION TIME. PAYMENT I5 DUE UPON COMPLETION IF YOU HAVE ANY QUESTIONS PLEASE CALL BRIAN LUND. 211; - 007 125t; ABSOLUTE PAINTING SERVICES) INC:. Commercial Residential • Interior a Exterior • Cabinets 75-135 Sheryl, Suite C • Palm Desert, CA 92211 Umnw- * 724479 Jim Harwell (760) 568-4465 • Fax (760) 569-0426 lot -mired I .� �. • ' 411 l� sly ► �' ►. 1 ' 1 . Tim 217 008 I INORCUM" AND WOMI AND AWNMG SAVOO 4lism, SWW r4. PoWim !Donn. 9A 4*4494o a Paz SI&TY:W14 157 w Tri-I 7ML71-7 mmmm�mmmmm mr— PPM mmmm mmmmml mmmmrmmmmml mmmm�Mmmmm mmmm�mmmmm mmmm■�■rmmmmm mmmm mmmmm mmmm�■Emmm■ mmmm= � mmm ■■mm■■rmmmm■■i mm�mmmmm MOW Wwm■�■i■=MPC� m -I- E-W- JL--1 -j-d v ■ 218 009 su= ?60 564 595? SEP 22, 1989 9=19AM #024 P.03 Sunland Screen & Awning Co. Serving You Locally Simcc 19622 46-NO CAoun St. Indio, CA 92201 Ph.(760)347-0592Fx(760)775-5434 St. Coat. Lic. # 6"M CUSTOMER La Qdsalsi AM Asaftis4on 51351 AusidA bambs Ls Qwda, Cs. 92253 Proposal/Contract JOB NAME AND ADDRESS 1a Quids Atta Assa:iatiotl 51351 Avauida Deamudes DATE ESTIMATE p 81p/2000 259 CONTACT NAME CONTACT PHI ^CONTACT FAX #t ALT. PHONE � Elsie* or his (760) 771-8087 (760) S64-59S7 (760) S64.21 fig Iris DESCRIPTION • Chop doc to Aatcrol Caaditivne diacovord st Site . r_ • soma Ti"atu: )R.yW"WrAs a Cwbfiomks • Momcmdcm or Rep.irs to Fraoowark • Bi4 Ihymmt t PWfermWWC Bands •vocrow cafti • T%in-T%* HO Fluareaoaat h%ble(s) • t+aub"m su to rive blar" FbW cad,Gwte 4=T SawuI.L • Sits 9WV0 appraximatdy (1) wodc After Receipt of 9iped Pmpowl and Required Dcpoxil • Shop Drawisps no for coacrm"don opp m. am (t) vmck Am receipt of orda. ' Umubuku p wW begin efier MOO of order apprordaeldy tm (2) wed s • battaW m Vpm two (2) womb dice msmufscams ccntpla W BMJ MO 'TERMS • 50% DqpcAt • &Watt* C. D. • Via or>WwmrCsrd Aooeptod • Thit Qsotspmn is Wid for 90 days PRICMG SbVTMN SW Piaasad Awt imp (3) Thm Units (Mataisb) Labor-%brkstim and Lnstallr" 0jWhW ( MUAM GAI1ERY) F. am= Vslame Vmm VW 12• Vr*k Leuas with Pink Oudim or C1wioe QTY TOTAL 0.00 1,760.W 440.00 375.00 We propose hereby a furnish materials and Lda-Compktc m u000rdanoe with, the obovc �oaficationa _�. S2 TOTAL - ,S75.do •& adviud M NO iohWinp YO tW 60 OW Of WWk requested may tequila. WA off ms el sod (or) city pamit, co "uwtly ym sam to WNW* ad W hWWW 9vfsleod Screw Z Aw ue Co. for say and all &%%M s ocooanuse Landlords, Municipalities, t easwrrud parties. ••?be m unais ircriallad ba *a, mom the paopony crow im dW um) this asaeau is paid m fun. 7 Pop 2 219. -- 010 � � ,� r• .fie E• Mc.4,r�c•�., Ts- a� #400 "" Y064 PP-4Teb. PrICC-1- A.o#--%vfqGs 4a c A c c %o" Te „ 7 _. L4 dt oc AWA1. (D (Q Po'r csa ac. A 2-1 lot, Itirces S4a fr, . ct D1K. I ARav3aO'f(7OO& s -3p---,f Z' at,# S4a, * mo.J- 9 d i W 221 012 b\ d x w I 222 - - 013 00" R+fi It 4 10* N-- nwr ATTACHMENT 2 pow 600"" " "Lion September 21, 2000 '00 SEP 21 PM 4 53 CITY OF ALA QUINTA CITY M,it i' -AV Dear Mayor and Members of the City Council: Enclosed is my request for your signature as owner of the property at 51-351 Avenida Bermudas in La Quinta. We have gone ahead with a request for Redevelopment money since there may be money left over from the fund that we urgently need for painting and awnings. As you stated at the Council meeting of August 15, we should come back in February for funds to upgrade the building. However, it takes 3 weeks to get a check, and by the time we get canvas ordered and painting completed during the busiest season, we will have missed the Village Grand Opening and the busiest time of the year. Please consider what we are trying to accomplish. Th u, Elaine Reynolds, President 223 014 !r QUIMta AWSVWoptnt et ASaq Co al POP" t PtOVW Appkcabon Ap NCwd Inftmimon wt7tdBuwets �tT6t-T�--cT�f�s,�•��'-i��io� l�Us>gAoerws �. �oy� •¢ L T,i,,,=�a� G4 �.�2�3 elwlrllt/ Pltp�n: ? 7/ "� 42 ewrra Fat Propr+rsiowrer Yer No. _K 8wswwowwr Va. PrOwwwMation Typed 9uet+eas. l� loci Prood Cow (00" am aa*mw Appol Meals m 0 -- m o &o a Aookw f irordn A~ mom Am.t • Too (2) wo pllo IF IraItre d be pr ml % Stan rnpo.en a VA WA be iwtam • Prbjea * 400 or yim (based upon $Ad" wa0 • CooaAlam Cw%icNlon SUAM" a M so aot* 0 o to tK owu or ra wAod POWtV M MM" atrOMM rtkat tw Cc vilt.e oy rn oww 1, d4d aedere ~ prate and p pry NM r asr ft oww d w rill eppk +- t Nis - I idle Im"ont 11) w 1-.1 d ra sw*o pro" in" llpilso my M atnatld PCVNI %"ram a+e (t) 9rM l Kw TW- sgna M- ode- Ttr %vm" -km- et mm to oorrpdI by ra apptrapOWM mm tAre ael�rrowsdp M wq d rr approval and ar* rm / above lolm I len a rut ad aonac t0 M No at Mpte lurom pt► ad WW- are oVwsuld rove a 9ddlrq ItlOnMMA RsbM Almra t ttrwt to qWd and la Q" ra" Ll s 0eant AVWKY 1 ^t b wee" any Sqnowa' Dar 224 015 Tiht 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: October 3, 2000 CONSENT CALENDAR: ITEM TITLE: Consideration of the Locations for the STUDY SESSION: Installation of Obelisks for the Fiscal Year PUBLIC HEARING: 2000/2001 Obelisk Program Approve locations for the obelisk program; and Waive the bidding procedures and select Peter Urbon as a sole source contract for providing 7' high obelisks; and Authorize the City Manager to enter into a contract for the procurement of eighteen (18) 7' high obelisks upon approval of the contract wording by the City Attorney. Peter Urbon has provided a quote dated September 25, 2000 to provide the City with twenty (20) 7' high obelisks. Attachment 1 is Mr. Urbon's cost quotation. During the Fiscal Year 2000/2001 Budget Hearing, the City Council appropriated $20,000 to the Arts in Public Places Funds (APP) for the installation of additional obelisks; therefore, $20,000 is available from fund 701-000-255-210. Attachment 2 is the draft Art Purchase Agreement between the City of La Quinta and Peter J. Urbon. The following is a breakdown of costs required for the obelisk program: Total Budget $20,000 Administration ($ 1,000) Balance $19,000 Tooling Cost to Replenish Mold ($ 3,750) Balance to Manufacture, Deliver and Install Obelisks $15,250 Of the $20,000 budgeted, $15,250 is available for the manufacture, delivery, and installation of the obelisks. 225 T:\PW D EPT\COUNCIL\2000\001003a. wpd The cost breakdown per obelisk is as follows: Casting each obelisk Lettering for each face of the obelisk (40 letters per obelisk at $3.75 each) _ Logos for each face of the obelisk ($40 per face) = Total cost for manufacture and delivery of obelisk Installation Costs (foundation and brackets) = Total Cost for each obelisk including manufacture, delivery, and installation = $400 $150 $160 $710 per obelisk $150 per obelisk $860 per obelisk The Public Works crew will contract for the foundation and brackets, and complete installation utilizing in-house staff. The $15,250 available for the manufacture, delivery, and installation of the obelisks would provide for 18 obelisks. This project is funded through Developer Fees established for Arts in Public Places; therefore, prevailing wage does not apply. The sole source contractor that will provide the foundations and brackets is not required to pay prevailing wage; therefore, cost savings may be realized. During the June 16, 1998 City Council Meeting, the City Council conducted a Study Session to discuss a proposed pilot program utilizing obelisks as City street identification markers. During that Study Session, the City Council discussed utilizing 7' tall obelisks as City identification markers as well as identification markers for the Senior Center, Eisenhower Park, and Adams Street Park. During the July 7, 1998 City Council Meeting, the City Council approved the pilot program utilizing thirteen (13) 7' high obelisks to identify entrances to the City, Senior Center, Adams Street Park, Eisenhower Park, and the boundaries of the Village area. During the Fiscal Year 1999/2000 Budget Hearing, the City Council appropriated $20,000 of APP funding to provide for the installation of additional obelisks. The City Council approved the proposed locations for eleven (1 1) additional obelisks as a continuation of the original obelisk pilot program. As of this date, 24 obelisks have been installed at the City entrances, boundaries of the Village, and parks within the City of La Quinta. Included as Attachment 3 is a map indicating the existing locations for the Citywide Obelisk Program which includes city identification markers at all City boundaries. 226 n TAMDEPT\COUNCIL\2000\001003a.wpd On May 2, 2000, the City Council approved the Fiscal Year 2000/2001 Capital Improvement Program (CIP). As part of that program, $20,000 of APP funding was approved for the continuation of the obelisk program. As stated previously in the report, the funding available for the obelisk program will provide eighteen (18) obelisks. The cost per obelisk is approximately $860 each; however, each obelisk cost will differ slightly depending on the number of letters (at $3.75 each) and logos (at $40 each) required for each obelisk. The amount of letters is dependant upon the street name and the configuration of the intersection. A "T" intersection would require three logos and lettering on three sides of the obelisk only. A four legged intersection would require four logos and lettering on all four sides of the obelisk. The estimate of $860 per obelisk is based on logos and lettering on all four sides and each logo. Mr. Urbon's quotation includes lettering on all four sides of each obelisk, estimating ten letters per side. However, the quotation includes only two logos per obelisk. To remain consistent with the original pilot program, a logo is proposed for each face of an obelisk which contains lettering; therefore, the estimate utilized for this report includes a logo on each side of each obelisk. Mr. Urbon has stated that this can be accomplished at a cost of $40 per logo. The intersections selected for the obelisks will also determine the number of obelisks recommended for each intersection. For example, a "T" intersection would require one obelisk to act as a street name sign. A four legged intersection would require two obelisks. This would provide maximum visibility of the street identification signs and remain consistent with the City's street name sign standard. Since Urbonite is a unique patented material that is lightweight and structurally strong, and the thirteen (13) original obelisks completed under the pilot program are constructed of Urbonite, it is recommended that the City Council waive the bidding procedures and proceed with the contract as sole source for 7' high obelisks constructed from Urbonite with reflective monolithic lettering and the City logo on all four sides. The alternatives available to the City Council include: 1 . Approve locations for the obelisk program; waive the bidding procedures and select Peter Urbon as a sole source contract for providing 7' high obelisks; and authorize the City Manager to enter into a contract for the procurement of eighteen (18) 7' high obelisks upon approval of the contract wording by the City Attorney; or 227 TAPWDEPT\C0UNCIL\2000\001003a.wpd 003 03 2. Do not Approve locations for the obelisk program; do not waive the bidding procedures and select Peter Urbon as a sole source contract for providing 7' high obelisks; and do not authorize the City Manager to enter into a contract for the procurement of eighteen (18) 7' high obelisks upon approval of the contract wording by the City Attorney; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for submission by: A� et.�- Thomas P. Genovese City Manager Attachments: 1 . Cost Quotation 2. Draft Art Purchase Agreement 3. Obelisk Locations 228 TAMDEMCOUNCIL\2000\001003a.wpd 0 0 4 SEP-26-00 TUE 16:03 ATTACHMENT 1 I=xv -c-e,=cI o t* 1p L V 1 ft or A i W d 7 Pr- u liR, v�Q t4, vro ClRoww-s w.s Illla�l :"WBir I�.m I�J➢III U i i' �w4.ro \ �.► d S �7 1� V uwlr�,w'�uluu,��+� �8"'��ur'�uIIM1�� '.d�"�' �". '�, �a C5S'S �L t S bC,� ��'I�.00 .C�'i �+14 • w � �±C„�rJ . C�4 t . �`1 ",: a I r � „y Q u o -t-c La ,fit •d��ro�y i�u Wtllf la bArs OP b.tw+"P'. Y Cot. 9ZZ-70 229 ATTACHMENT 2 ART PURCHASE AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and Peter J. Urbon ("Artist"). The parties hereto agree as follows: 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Artist shall provide those services related to furnishing eighteen (18) obelisks as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Artist warrants that all services will be performed in a competent, professional, and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1 .2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1 .3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Artist shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Artist shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Artist warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Artist discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of such fact and shall not proceed except at Artist's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 230 T:\PWDEPT\PROJECTS\2000Pgcts\Obelisks\Pu chaseAgrmnt.wpd Page 1 of 8 007 1 .5 Care of Work. Artist shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Artist, and the equipment, materials, papers, plans, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Artist shall not relieve Artist from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Artist. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Artist shall perform services in addition to those specified in the Scope of Services as required to provide the proper completion of furnishing 7' high obelisks to the specifications and delivery to the location as specified by the City. iq • • „ - ► • ► 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Artist shall be compensated in accordance with Exhibit "B" in a total amount not to exceed Sixteen thousand five hundred thirty dollars ($16,530.00) (the "Contract Sum"). The method of compensation shall be as follows: 1" Payment 50% of estimated contract cost at signing = $8,265 Balance within 30 days of final delivery = $8,265 This payment schedule is based on the total contract of $16,530.00. The amount is subject to change depending on the amount of obelisks purchased by the City, the numbers of letters utilized, and the number of logos utilized. This estimate is based on 18 obelisks and the cost quotation submitted by the Artist dated September 25, 2000. These payments are in accordance with Exhibit B "Schedule of Compensation" and the attachment to Exhibit B entitled "Obelisk Cost". If this project is not completed by the Artist, the Artist shall refund any payment made by the City above and beyond the scope of services that were performed to that date. 3.1 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and completed by March 1, 2001. Extensions to the time period specified may be approved in writing by the Contract Officer. 231 T:\PWDEPT\PROJECTS\2000POcts\Obelisks\PurchaseAgr t.wpd Page 2 of 8 8 V 3.2 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Artist, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Artist shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgement such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.3 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services. 4.1 Representative of Artist. The following principals of Artist are hereby designated as being the principals and representatives of Artist authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Peter J. Urbon It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Artist and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Artist and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be the Public Works Director/City Engineer or such other person as may be designated by the City Manager of City. It shall be Artist's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Artist shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 23 P- T:\PWDEPT\PROJECTS\2000Pdcts\Obelisks\PurchaseAgrmnt.wpd Page 3 of 8 009 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of the Artist, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, the Artist shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Artist, its agents or employees, perform the services required herein, except as otherwise set forth. Artist shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Artist shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 5.1 Reports. Artist shall periodically prepare and submit to the Contract Officer such reports concerning Artist's performance of the services required by this Agreement as the Contract Officer shall require. 5.2 Records. Artist shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 5.3 Ownership of Documents and Materials. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, tooling including but not limited to sculpted City logo in Bas relief, sculpted obelisk pattern, and silicone mold, which are prepared by Artist, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Artist shall have no claim for further employment or additional compensation as a result of the exercise by'City..of its full rights of ownership of the documents and materials hereunder. Artist shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Artist fails to secure such assignment, Artist shall indemnify City for all damages suffered thereby. 233 T:\PWDEPT\PROJECTS\2000Ppcts\Obelisks\PurchmeAgrmnt.wpd Page 4 of 8 r1 10 U" In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Artist for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Artist from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 5.4 Release of Documents. The drawings, specifications, reports, records, documents, sculpted City logo, sculpted obelisk pattern, silicone mold, and other materials prepared by Artist in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Artist shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. • • ► •: u ► • _ ►� ► 6.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Artist covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 6.2 Dish. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 6.3 Retention of Funds. City may withhold from any monies payable to Artist sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Artist in the performance of the services required by this Agreement. 234 T:\PWDEPnPROJECTS\2000Pgcts\Obelisks\PurchaseAgmmnt."d Page 5 of 8 �11 6.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Artist requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Artist. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 6.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 6.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 6.7 Termination Prior to Expiration of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Artist. Upon receipt of any notice of termination, Artist shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Artist shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with Exhibit B or such as may be approved by the Contract Officer, except as provided in Section 7.3. 6.8 Termination for Default of Artist. If termination is due to the failure of Artist to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Artist shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Artist for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 6.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 235 T:\PWDEPT\PROJECTS\2000Pgcts\Obelisks\PurchmeAgmnt.wpd Page 6 of 8 f !- 9 7.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Artist, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Artist or to its successor, or for breach of any obligation of the terms of this Agreement. 7.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Artist warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 7.3 Covenant against Discrimination. Artist covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Artist shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 8.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To 'City: CITY OF LA QUINTA Attention: Chris A. Vogt 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 To Artist: Peter J. Urbon Post Office Box 874 Rancho Mirage, CA 92270 8.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 8.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 236 T:\PWDEPT\PROJECTS\2000Pdcts\Obelisks\PurchmeAgrmnt.wpd Page 7 of 8 0,13 8.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgement or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 8.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager ATTEST: June S. Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney Artist: Peter J. Urbon By:_ Name: Title:— Date: - Date T:\PWDEPT\PROJECTS\2000Pdcts\Obelisks\PurchaseAgrmnt.wpd Page 8 of 8 Exhibit A Scope of Services The Scope of Services includes, but is not limited to, all labor and materials to complete the manufacture and delivery of eighteen (18) 7' high Urbonite obelisks. This includes, but is not limited to: the tooling, production, and delivery to a City specified site (City Yard). The obelisks shall be 7' high with a rough finish and match the color chosen by the City Council during their July 7, 1998 City Council Meeting. The locations and installation shall be the responsibility of the City. The lettering shall be as indicated by the City. In addition to the lettering, a 6" City logo at the top of each face of each obelisk shall be formed in Bas Relief made from a gold leaf material or equivalent. The logo shall be an exact replica of the official City logo; however, the lettering around the perimeter of the logo shall not be present. The lettering shall be vertical capital letters of a reflective material, cast monolithic to the obelisk, type "HM" style as submitted by Artist. Each City logo shall be completed in a gold leaf material as approved by the City Council during their July 7, 1998 City Council Meeting, commensurate with the City's official logo and formed into face of each obelisk, but without the lettering around the perimeter. The year of the obelisks manufacture shall be at the base of each obelisk in the same form as completed for the original thirteen obelisks completed under the 1998 obelisk contract. 238 n15 Exhibit B Schedule of Compensation Payment shall be in full at the rates listed in the Obelisk Costs attached and made part of Exhibit B for the actual work completed in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed Sixteen thousand five hundred thirty dollars ($16,530.00) except as specified in Section 1.6 - Additional Services of the Agreement. 1 st Payment 50% of estimated contract cost at signing = $8,265 Balance within 30 days of final delivery = $8,265 239 018 ATTACHMENT 24 017 Rancho La Quints Country Club 241 wzwm 1 � g VINS. Vita tsaft Via • to c EIIOtlRO Rw ITarazp Cal• Eap>rrane• C•Ie Carole i 8 aWe 1@ f0 Waent• (Y � j C•brMo San Tlrnot o 2. Rb deco y i� Ave. ( e Vita on Femando 4 4 c �°rt°or• ► a n iiii a, t Vw e $ park Cob LoY Artak• Ave. a ° EI t �Obq Cu• QUAD � Ave.50 ct- OIRA CallsJ � 17 YV1y ,� ! jcoo � Ave. t bw RCaMIO I iT Point or. i Cage Tampico Nunn* Ave. La Ave. Le G/e Yugt•n j une Avs. Fonda � Eatarb m 41V 8 cam elk Ave 4M Qere i cak pstrs west Deacon Drive Eaet wip Fmnm Pearim F%c• ___. t. ... Nick la. t { ------- rep, w Y f 'J ,I h �I I � � I . I 1 ` 1 low P� Cade Tecate 243 Tiht 4 4Q" AGENDA CATEGORY: BUSINESS SESSION: 5 COUNCILIRDA MEETING DATE: October 3, 2000 CONSENT CALENDAR: ITEM TITLE: Consideration of Authorization of a STUDY SESSION: Temporary Street Closure and Detour Plan for PUBLIC HEARING: Jefferson Street from Highway 111 to Avenue 4$ Approve a temporary street closure and detour plan for Jefferson Street from Highway 111 to Avenue 48, beginning October 9, 2000 and ending on or before December 31, 2000. A potential indirect cost savings may be accomplished through claims avoidance by accelerating the bridge and road construction effort within the street closure area. None. On March 18, 1997, the City Council approved the original Reimbursement Agreement and Memorandum of Understanding (MOU) between CVAG, La Quinta, Indio, and the County of Riverside for Jefferson Street Ultimate Improvements from Indio Boulevard to Avenue 54. The MOU identifies the City of La Quinta as the lead agency and the City of Indio and County of Riverside as the cooperating agencies. On March 16, 1999, the City Council approved Amendment No. 1 to the CVAG MOU. Amendment No. 1 provides a 75% (CVAG) and 25% (Local) split between CVAG and the affected jurisdictions for the funding of this project. This amendment was approved by the CVAG Executive Committee on February 22, 1999. TAPWDEMCOUNCIL\200=01003h.wpd 244 The proposed Jefferson Street Improvements are being constructed in two phases. Phase I improvements begin at Highway 111 and end at Avenue 54. Phase II improvements begin at Indio Boulevard and end at Highway 111. Phase I of this project has been on an accelerated pace in order to capture nearly $1 .6 million of additional SLTPP funding. On April 28, 1999, the City of La Quinta formally requested that CVAG issue Amendment No. 2 to the CVAG MOU. Amendment No. 2 addresses reimbursement for final engineering ($665,178) and City administration costs ($33,259), totaling $698,437. The amendment also includes reimbursement for estimated construction costs for Phase 1 Jefferson Street Improvements from Avenue 54 to Highway 1 1 1. On June 29, 1999, the City Council awarded a contract to construct Phase I of the Jefferson Street Improvement project to Granite Construction Company of Indio, California. Due to right of way acquisition efforts, the project was not scheduled to begin until January 1, 2000. In January 2000, the City met with Granite to initiate construction efforts. At that time certain utility conflicts remained unresolved and it was mutually agreed Granite would mobilize in February. The contract provides for 300 consecutive calendar days in which to perform all tasks listed within the bid documents. The project was scheduled to be constructed in three phases. Phase I was to grade and base pave the western one-third to accommodate relocated north and southbound traffic. Phase II called for the contractor to build the eastern third, then route traffic to the newly constructed east side and west side while constructing the center section as the third and final phase. Concurrently, beginning with phase one, the contractor would have to begin the reconstruction and widening of two bridges, one, over the La Quinta Evacuation Channel the other being over the All -American Canal at the southern portion of the project. On June 2, 2000, the contractor informed the City's Resident Engineer for the project of a "Notice of Potential Claim" for a two -month delay to the project caused by previously unknown conflicts with an existing CVWD waterline and the widening of the bridge over the La Quinta Evacuation Channel. The conflicting waterline and the design and approval of the relocation of same was the cause of the delay. A valid delay claim of this nature would require the City to grant the Contractor additional time to complete the project (approximately two months) and compensate him for extended overhead costs associated with the delay. TAMDEMCO U NC I L\2000\001003h. wpd According to the Contractor's schedule, the work effort associated with the widening of the La Quinta Evacuation Channel bridge is four to five months in duration. In September 2000, the Contractor submitted a proposal requesting to close Jefferson Street from Highway 111 to Avenue 48 in order to accelerate the bridge work and regain time lost from the previously mentioned utility conflict. The Contractor has stated if allowed to implement the temporary street closure and detour, he would be able to reduce his work effort duration associated with the bridge construction by two months and thus mitigating the claim for delay (Attachment 2) and putting the project back on schedule for completion in February 2001. The proposed closure and detour would begin on October 9, 2000, and would conclude on or before December 31, 2000. The proposed detour would route traffic from Jefferson Street or from Highway 111 to Dune Palms Road (in La Quinta) or to Madison Street (in Indio) using Avenue 48 from east and westbound directions. The Contractor will set up and maintain the detour for the duration of the closure at no additional cost to the project. The Contractor will maintain access for emergency vehicles and residents in the Indian Wells RV Park and the Wells Mobile Home Park both located on the east side of Jefferson Street between the bridge over the La Quinta Evacuation Channel and Avenue 48. The intersection at Jefferson Street and Avenue 48 will be converted into a 4-way stop intersection for the duration of the closure. Jefferson Street between Highway 111 and Avenue 48 has split municipal jurisdictional boundaries. Half of the southern two-thirds of the street lies within the City of La Quinta and the remainder is within the City of Indio. The City of Indio has conveyed their verbal support for the closure and intends to formalize approval of the closure at their City Council meeting of October 4, 2000. The City has received correspondence from KSL (Attachment 1) also in support of the closure. The Contractor has applied for a revision to his CALTRANS encroachment permit to close that portion of Jefferson Street that lies within the southern CALTRANS right of way. Emergency services have been contacted and have no objections to the closure. Desert Sands Unified School District has been notified by staff and the school district will coordinate their bus routes in conjunction with the closure. The alternatives available to the City Council include: 1. Approve a temporary street closure and detour plan for Jefferson Street from Highway 111 to Avenue 48, beginning October 9, 2000 and ending on or before December 31, 2000; or 2. Do not approve a temporary street closure and detour plan for Jefferson Street from Highway 111 to Avenue 48, beginning October 9, 2000 and ending on or before December 31, 2000; or 3. Provide staff with alternative direction. 246 TAMDEMCOUNCIU2000\001003h.wpd '1 V O� 3. Provide staff with alternative direction. Respectfully submitted, lleal-� Chris A. Vogt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . KSL Correspondence 247 T:\PWDEPT\COUNCIL\2000\001003h.wpd 0 0 4 ATTACHMENTS r i U05 { M ATTACHMENT 1 SEP 0 8 2000 KSL LAND CORPORATION September 5, 2000 Chris Vogt City Engineer City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Dear Chris: I spoke with Art Kotz, Senior Project Manager with Granite Construction, this morning regarding Granite's proposal to close Jefferson between Highway 111 and Avenue 48 to through traffic. Art indicated that the street closure would facilitate quicker construction of the bridge at the storm water evacuation channel. Art also indicated that Jefferson would be re -opened to through traffic by December 1, 2000. As the next three months are the slower shoulder season for our communities, the impact will be a minor inconvenience compared to the gridlock that may occur in December, January and February, if Jefferson is not complete. Additionally, Jefferson continues to be closed periodically to the north of Highway 111 due to construction in the Indian Springs/ Westward Ho area. We ask that the City support and facilitate this temporary road closure. If you have any questions please contact me at (760) 564-7164 or email me at bdodds@ksjfnail.com if you have any questions. Very truly u , William J. Dod Senior Vice Pre ident WJD:jm cc: PGA WEST Master Association Art Kotz, Granite Construction 249 006 September 25, 2000 Vali Cooper & Associates, Inc. 78-060 Calle Estado, Suite 21 La Quinta, California 92253 Attn: David Toschak, P.E., Resident Engineer Re: Jefferson Street Improvements Project No. 99-05 Subject: Temporary Detour From Highway 111 to Avenue 48 Gentlemen: GRRniTE consrRumm compnny 51922E ATTACHMENT 2 This letter serves as our final request for the implementation of a temporary detour of Jefferson Street from Highway 111 to Avenue 48. The purpose of this detour is to allow a faster and safer means of constructing the bridge widening at the La Quints Evacuation Channel and attempt to recover two months of critical delay time incurred between May 232 2000 to July, 24, 2000. With this goal in mind, Granite agrees to relinquish its' rights to the claim cost estimates, contained within the Notice of Potential Claim letter dated June 2, 2000, as follows. The costs for Field Office and Construction Yard, Field Office Staff, Home Office Overhead, and Traffic Control Maintenance shall be rendered ineffectual based on the approval of our detour plan request. The total claim value of these issues amounts to $115,063.20 for the two month duration. Upon your approval of this request, we further agree that the detour shall commence on Monday October 9, 2000 and that the detour shall be removed no later than Sunday December 311) 2000. Very truly yours, CONSTRUCTION COMPANY Ktz L ror �W�cizer 250 Cc: J. McQuillen Southern California Branch G. Moschopoulos 38000 Monroe St. J. Richardson Indio, CA 92203 Phone 7601775-7500 FAX 760/775-8227 007 T4t!t °F 4Q" AGENDA CATEGORY: BUSINESS SESSION: 6 COUNCIL/RDA MEETING DATE: October 3, 2000 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of Submitting Letter to PUBLIC HEARING: California Department of Parks and Recreation Concerning Mt. San Jacinto State Park General Plan and the Palm Springs Aerial Tramway As deemed appropriate by the City Council. None for this action. None. It was reported at the September 19, 2000 City Council meeting that a board member of the Winter Park Authority (operator of Palm Springs Aerial Tramway) spoke at a recent Palm Springs Desert Resorts Convention and Visitors Authority (CVA) meeting regarding the General Plan for Mt. San Jacinto State Park. The Winter Park Authority board member expressed concern that no positive comments relative to the tramway are being provided to the State as part of its General Plan development process. It was further reported by the board member that comments received to date by the State include calling for the complete removal of the tramway. The board member suggested that CVA member cities consider notifying the State of the vital economic impact of the tramway and its overall general benefit to the area. Staff viewed the Mt. San Jacinto State Park website (Attachment 1) and also contacted Mr. Barney Monsomoto of the California Department of Parks and Recreation to gather further background information on this matter. 251 Mt. San Jacinto State Park is a park and wilderness area located in western Riverside County along the western edge of the San Jacinto Mountain Range and contains approximately 12,000 acres. State law mandates that State Park units, much like cities, must adopt a general plan to act as the visionary document to guide further management decisions in relation to specific designs, location of facilities, etc. The Mt. San Jacinto State Park General Plan is currently being developed by the State. Two meetings to gather public input have been held to -date (October 1999 and July 2000). A third, and anticipated final, meeting date to gather public comments is tentatively scheduled for late November -early December. In January 2001, the State will begin the CEQA process for preparing the General Plan. Staff has prepared a draft letter for the Mayor's signature (Attachment 2) for the Council's consideration which supports and encourages the orderly development of a General Plan for Mt. San Jacinto State Park and encourages the State to consider economic and human impacts of closing the tramway. The alternatives available to the City Council include: 1. Approve submitting a letter to the California Department of Parks and Recreation concerning Mt. San Jacinto State Park General Plan and the Palm Springs Aerial Tramway, and authorize the Mayor to execute same; or 2. Do not approve the letter; or 3. Provide staff with alternative direction. R eaullyubmitt , Britt W. Wilson, Management Analyst City Manager's Office Thomas P. Genovese, City Manager Attachment: 1. Mt. San Jacinto State Park/General Plan Website information 2. Draft letter to State Department of Parks and Recreation regarding the General Plan/Tramway GAMyData\WPDocs\CITY COUNCIL\CCSTFFMTSANJACINTOGENPLANTRAM 10-03-OO.wpd 252 002 Introduction ATTACHMENT 'I • .JYn� r^ � �• y `ate: �:.. V Mt. San Jacinto State Park General Plan Process Introduction This web page has been developed to provide a brief introduction to the on -going General Plan (GP) process for Mount San Jacinto State Park, an approximately 12,000-acre Park and Wilderness located in western Riverside County, along the western edge of the San Jacinto Mountain Range. A GP is mandated for State Park units by the Public Resources Code. The plan becomes the primary management document for a unit of the California State Parks system, establishing its purpose and management direction for the future. The plan does not provide specific designs or locations of facilities, but does provide a vision for the park and guidelines for future development. The GP is being developed by a team of Department of Park and Recreation (DPR) landscape architects, resource ecologists, historians, archaeologists, interpretive specialists and unit staff members. The GP process began in October 1999, with a public meeting in Idyllwild followed by another meeting in Palm Springs. Natural and cultural resource data and other research information that was completed for the park and in preparation of the GP was discussed at the meetings. Public input was obtained to formulate a vision for the park. In July 2000, three alternatives that were developed from the planning process were presented at a public meeting held in Palm Springs (the management zone matrix is currently loaded on this web site while the alternatives/maps will be loaded in the near future). Because the park is comprised of various natural and cultural resources that can be and are influenced by numerous factors including natural forces and visitor use, the park was divided into the management zones denoted within the matrix. Keep in mind, the intent of the alternatives/maps is not to select one alternative/map over another but rather to receive input on the individual components. The alternatives/maps are http://www.sanjac.statepark.org/introduction.html 9/22T0 o 53 Introduction Page 2 of 2 tools to generate discussion and present to the public the options being considered during the GP process. Goals and guidelines that will set the direction for accomplishing the desired future conditions for the park, were also presented at the meeting. Schedule: The next phase of the process is to incorporate public input received at the recent public meeting and develop a single plan based upon the three alternatives. The single plan is tentatively set to be completed and presented later this year at another Public Meeting. Time and location will be posted on this web site. The final plan with all the appropriate environmental, public and internal reviews/approvals, is tentatively set for completion by November 2001. Contact: If you wish to review the resource inventory or the other information used for the GP process, please submit a written request for an appointment to review the information at our office, the Southern Service Center, located in San Diego. Also comments may be directed to the Mount San Jacinto GP team, based at the Southern Service Center. All comments will be reviewed and considered however, based upon the volume of comments received and limited resources, written responses to all comments and concerns may not be achieved. Submit requests and comments to: California Department of Parks and Recreation Southern Service Center 8885 Rio San Diego Drive Suite 270 San Diego, CA 92108 ATTN: Mount San Jacinto General Plan Team For more information, click on the following links: Declaration of Purpose Management Areas What is a State Park? What is a State Wilderness? What is a Natural Preserve MAP of alternative 1 MAP of alternative 2 MAP of alternative 3 MAP of Long Valley Zones 1 http://www.sanjac.statepark.org/introduction.html 254 005 9/22/00 MSJ Declaration of Purpose Page 1 of 1 Proposed Declaration of Purpose for Mount San Jacinto State Park The purpose of Mount San Jacinto State Park is to preserve and protect for the public enjoyment and inspiration, the scenic grandeur of the granite peaks, pristine forest and mountain meadows of the San Jacinto Mountain range. The sheer escarpment soaring up to one of the highest peaks in Southern California, the panoramic desert views, the wilderness and the opportunity for solitude, will remain available for future generations. California State Parks will preserve, protect and interpret these natural and cultural resources making these features available to the public for their educational, scientific and recreational benefits. The Department will establish interpretive programs for visitors that instill an appreciation for the park's special features and maintain cooperative partnerships with adjoining entities to foster mutual conservation and natural resource restoration goals. http://www.sanjac.statepark.org/dec_purpose.html 255 - .. 006 9/22/00 Management Areas Page 1 of 2 ption Resource Management and Character Mt. San Jacinto State Park General Plan Process Management Areas Idyllwild Zone Backcountry Long Valley Zone The Idyllwild Zone is two sections of land adjacent to Highway 243 on the west side of the park. The two areas are designated as State Park. *State Park designation *Natural character maintained *Facilities to complement and blend with natural surroundings *Avoid, minimize or mitigate impacts on natural and cultural resources `high level of use `frequent contact nrith others `overnight use This zone is the core of the park, which includes all of the wilderness. The Backcountry extends to the Idyllwild Zone and surrounds the Long Valley Zone. This zone includes Mount San Jacinto Peak and all the majestic escarpments. *State Wilderness and State Park designation *Natural character protected *Avoid or minimize impacts on natural and cultural resources low level of use minimal encounters with )thers provides the naximum ►pportunities for iatural quiet and ;olitude overnight camping phis zone ncludes the /alley for which it s named and the apper tram Station. This gone is >urrounded by :he Backcountry !one. *State Park designation *Natural character maintained *Facilities to complement and blend with natural surroundings *Avoid, minimize or mitigate impacts on natural and cultural s ioderate level use equent contact th others Natural Preserve This zone lies within San Jacinto Peak Quadrangle, T4S, R3, Section 26-27. kNatural Preserve designation *Distinct areas of outstanding natural and scientific significance maintained and protected *Avoid or minimize impacts on natural and cultural resources *low level of use *infrequent contact with others *hiking on designated trails 256 http://www.sanjac.statepark.org/managementareas.html 9/22/09 07 Management Areas Page 2 of 2 visitor Experiences and Uses Possible Range of Proposed Facilities permitted *hiking on designated trails *motorized equipment and vehicles allowed on designated park roads *equestrian tivities restricted designated ils Visitor use or support facilities, including : *visitor center *interpretive elements *lodging *minor parking *campgrounds *camp store *picnic sites *administrative facilities such as ranger station and *maintenance and storage buildings *hiking trails *trailheads *restrooms *concession facilities at designated camp sites *hiking on designated trails *no motorized equipment or vehicles unless required for actions necessary to protect human health and technical climbing vithout flaking, Irilling or bolting equestrian activities along lesignated trails ecological research * historical significant structures and trails *hiking trails *footbridges over waterways where trail re-routing is not feasible *primitive toilets (only at campsites) *hiking on designated trails *day use only *technical climbing without defacing or disturbing the rock surface *no equestrian activities *no vehicular i w cyucau iai i activities *no vehicular roads *no technical climbing *no camping *no motorized equipment or vehicles unless required for ons s necessary to protect human health and safety visitor use or support facilities including: *visitor center *interpretive elements *picnic sites *ranger station *hiking trails *trailheads *minor concession facilities *accessibility improvements *historical significant trails *hiking trails for interpretation *habitat manipulation only permitted to preserve the species or associations ich constitute basis of the 257 http://www.sanjac.statepark.org/managementareas.html 008 9/22/00 State Park Page 1 of 1 What is a State Park? State parks consist of relatively spacious areas of outstanding scenic or natural character, often times also containing significant historical, archaeological, ecological, geological, or other such values. The purpose of state parks shall be to preserve outstanding natural, scenic, and cultural values, indigenous aquatic and terrestrial fauna and flora, and the most significant examples of such ecological regions of California as the Sierra Nevada, northeast volcanic, great valley, coastal strip, Klamath-Siskiyou Mountains, southwest mountains and valleys, redwoods, foothills and low coastal mountains, and desert and desert mountains. Each state park shall be managed as a composite whole in order to restore, protect, and maintain its native environmental complexes to the extent compatible with the primary purpose for which the park was established. Improvements undertaken within state parks shall be for the purpose of making the areas available for public enjoyment and education in a manner consistent with the preservation of natural, scenic, cultural, and ecological values for present and future generations. Improvements may be undertaken to provide for recreational activities including, but not limited to, camping, picnicking, sightseeing, nature study, hiking, and horseback riding, so long as such improvement involve no major modification of lands, forests, or waters. Improvements which do not directly enhance the public's enjoyment of the natural, scenic, cultural, or ecological values of the resource, which are attractions in themselves, or which are otherwise available to the public within a reasonable distance outside the park, shall not be undertaken within state parks. State parks may be established in either the terrestrial or underwater environments of the state. 258 009 http://www.sanjac.statepark.org/statepark.html 9/22/00 Wilderness Page 1 of 1 What is a State Wilderness? State Wildernesses, in contrast with those areas where man and his own works dominate the landscape, are hereby recognized as areas where the earth and its community of life are untrammeled by man and where man himself is a visitor who does not remain. A state wilderness is further defined to mean an area of relatively undeveloped state-owned or leased land which has retained its primeval character and influence or has been substantially restored to a near -natural appearance, without permanent improvements or human habitation, other than semi -improved campgrounds, or structures which existed at the time of classification of the area as state wilderness and which the State Park and Recreation Commission has determined may be maintained and used in a manner compatible with the preservation of the wilderness environment, or primitive latrines, which is protected and managed so as to preserve its natural conditions, and which: (a) Appears generally to have been affected primarily by the forces of nature, with the imprint of man's work substantially unnoticeable. (b) Has outstanding opportunities for solitude or a primitive and unconfined type of recreation. (c) Consists of at least 5,000 acres of land, either by itself or in combination with contiguous areas possessing wilderness characteristics, or is of sufficient size as to make practicable its preservation and use in an unimpaired condition. (d) May also contain ecological, geological, or other features of scientific, educational, scenic, or historical value. State Wildernesses may be established within the boundaries of other State Parks system units. (Public Resources Code 5019.68) 259 • 010 http://www.sanjac.statepark.org/wildemess.html 9/22/00 Natural Preserve Page 1 of 1 What is a Natural Preserve? Natural preserves consist of distinct areas of outstanding natural or scientific significance established within the boundaries of other state park system units. The purpose of natural preserves shall be to preserve such features as rare or endangered plant and animal species and their supporting ecosystems, representative examples of plant or animal communities existing in California prior to the impact of occurrences or geological features of cultural or economic interest, or topographic features illustrative of representative or unique biogeographical patterns. Areas set aside as natural preserves shall be of sufficient size to allow, where possible, the natural dynamics of ecological interaction to continue without interference, and to provide, in all cases, a practicable management unit. Habitat manipulation shall be permitted only in those areas found by scientific analysis to require manipulation to preserve the species or associations which constitute the basis for the establishment of the natural preserve. 260 O11 http://www.sanjac.statepark.org/naturalpreserve.html 9/22/00 Page 1 of 1 California DeWnwnt of Parks and Recmat on http://www.sanjac.statepark.org/altl_sm.jpg 261 012 9/22/00 Page 1 of 1 44 California Department of Parks and Recreation http://www.sanjac.statepark.org/alt2_smjpg 262 U1� 9/22/00 Page 1 of 1 r Natw d Prai"m ow zofw .._...... rwrwir £. #.wrr`r �.� 0_2 �lMrt LW tiiMyir Mount San Jachnto State Park 4A C4[iforAi4 De =rtt of P4r4cs 4nd Recred on 263 014 http://www.sanjac.statepark.org/alt3_sm.jpg 9/22/00 Page 1 of 1 of Pwks wW ReCmtion http://www.sanjac.statepark.org/lvz—sm.jpg 264 015 9/22/00 ATTACHMENT 2 October 4, 2000 Mr. Barney Monsomoto California Department of Parks and Recreation Southern Service Center 8885 Rio San Diego Drive, Suite 270 San Diego, CA 92108 Re: Mt. San Jacinto State Park General Plan Dear Mr. Monsomoto, Please accept this letter as the City of La Quinta's support for the orderly and comprehensive preparation of a General Plan for Mt. San Jacinto State Park. A general plan can provide the visionary guidance to help achieve the desired goals of the State, surrounding cities, and the general public. The Palm Springs Aerial Tramway, which was conceived in the 1930's, approved by the State in 1945, and opened to the public in 1963, has provided a long-time, outstanding outdoor experience for untold thousands of visitors to Mt. San Jacinto State Park. These visitors make a significant economic contribution to the Coachella Valley. It is important to note that State and federal policies encourage use and access by the general public of state and federal parks, recreational opportunities, wildlife areas, etc. For example, the City has applied for federal grants administered by the California Department of Parks and Recreation which seeks proposals that provide for "the interpretation of the State's park and wildlife resources," and "programs which bring urban residents into park and wildlife areas." The tramway is consistent with this policy of the California Department of Parks and Recreation. The tramway provides for the interpretation of Mt. San Jacinto's park and wildlife resources by allowing tram riders to experience the zone change from the valley floor to the towering heights of Mt. San Jacinto. In addition, the visitor center located at the tram station on top of the mountain provides further interpretation of the park and wildlife areas. The tramway provides access to the elderly, the young and handicapped persons who otherwise might not be able to enjoy Mt. San Jacinto State Park. 265 016 Please be sure to include the continued operation of the Palm Springs Aerial Tramway in your General Plan for the future benefit of all visitors to this magnificent park. Thank you for your consideration. Sincerely, John J. Pena Mayor C. City Council City Manager b.c. Winter Park Authority 266 n1 17 Titit 4 4 Q" COUNCIL/RDA MEETING DATE: October 3, 2000 Consideration of an MOU Between CVAG Jurisdictions and Wildlife Agencies Related to Interim Solutions for Coachella Valley Fringe -Toed Lizard Permit RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: / CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: If the amount of fees collected for Coachella Valley Fringe -Toed Lizard ("Lizard") mitigation between September 1, 2000 and September 1, 2002 is less than $2,000,000, the Cities within the Coachella Valley and the County will be collectively responsible for covering the shortfall. The method by which the shortfall would be paid is not set forth in the proposed MOU, although the proposed MOU states that the shortfall would not be a General Fund obligation. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On September 19, 2000 this item was before the City Council for consideration (Attachment 1). Council referred the matter back to staff for additional information. On September 21, 2000 the General Counsel to CVAG, Toni Eggebraaten, responded to Steve Nagle, Director of Environmental Resources for CVAG, with her legal opinion with respect to whether or not TUMP funds may be utilized in conjunction with the proposed MOU. Her legal opinion is that the TUMP funds may be used (Attachment 2). On September 25, 2000 the Executive Committee of CVAG adopted a motion which gave final approval to the MOU and requested the respective jurisdictions adopt the MOU and implement by concurrent resolution, or ordinance the reinstatement of the $600 per disturbed acre Fringe -Toed Lizard Fee. CVAG is not authorized to sign the MOU until the recession letters from the Department of Fish and Game and the U. S. Fish and Wildlife Service have been received and reviewed by the Cities to their satisfaction. 267 C:\My Documents\WPDOCS\CCJHMOU.doc On September 26, 2000, the City Attorney sent a memo to Steve Nagle regarding this legal opinion asking for clarification of a statement on Page 2 regarding the contribution by each of the jurisdictions being appropriated by direct correlation to the number of acres developed in that jurisdiction (Attachment 3). To date, we have not received a response to the City Attorney's question. On September 26, 2000, the City Attorney sent a letter to the U. S. Fish and Wildlife and the Department of Fish and Game clarifying their commitment to allow the mitigation fees at the end of the two year period to be used to repay the loan (Attachment 4). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the execution of the MOU, as drafted, and agendize a resolution reinstating the $600 per disturbed acre Fringe -Toed Lizard Fee ; or 2. Authorize the execution of the MOU with modification, and agendize a resolution reinstating the $600 per disturbed acre Fringe -Toed Lizard Fee; or 3. Authorize staff to seek further modification and clarification of one or more of the issues outlined above; or 4. Reject the MOU; or 4. Provide staff with alternative direction. Respectfully submitted, Je y Her an C mmunity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. September 4, 2000 City Council report 2. CVAG General Counsel opinion letter dated September 21, 2000 3. City Attorney memo to Steve Nagle of CVAG dated September 26, 2000 268 4. City Attorney letter to USF&W and DF&G dated September 26, 2000 ATTACHMENT 1 c&itt 4 4Q" FILE COPY COUNCIL/RDA MEETING DATE: AGENDA CATEGORY: BUSINESS SESSION: 7 September 19, 2000 CONSENT CALENDAR: STUDY SESSION: Consideration of an MOU Between CVAG Jurisdictions and Wildlife Agencies Related to Interim Solutions for PUBLIC HEARING: Coachella Valley Fringe -Toed Lizard Permit RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: If the amount of fees collected for Coachella Valley Fringe -Toed Lizard ("Lizard") mitigation between September 1, 2000 and September 1, 2002 is less than $2,000,000, the Cities within the Coachella Valley and the County will be collectively responsible for covering the shortfall. The method by which the shortfall would be paid is not set forth in the proposed MOU, although the proposed MOU states that the shortfall would not be a General Fund obligation. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On August 21, 2000, the CVAG Executive Committee conditionally approved a Draft Memorandum of Understanding ("MOU") regarding the Lizards, which is now subject to the approval of the Coachella Valley Cities, Riverside County, the California Department of Fish & Game ("CDFG"), the U.S. Fish & Wildlife Service ("FWS"), and the Center for Natural Lands Management. The approval by the CVAG Executive Committee was conditioned upon: (1) clarification that the MOU would not impose any General Fund obligations upon the Cities and County, and (2) modification that the language of the MOU address concerns raised by the Cities of La Quinta and Palm Springs. The CVAG Executive Committee simultaneously voted to loan TUMF funds to the Cities and County if the Lizard fees are inadequate to fund the $2,000,000 obligation imposed upon the Cities and County under the MOU. The loan commitment is not reflected in the MOU at this point in time. The MOU is being proposed to address the recent turn -of -events under which CDFG is no longer sanctioning the payment of the Lizard impact fee as adequate mitigation for development projects. For years, both CDFG and FWS has treated the payment 269 of fees as full and complete mitigation for impacts on Lizards. However, in the last CAMv Documents\WPDOCS\CCJHMOU.doc r few months, CDFG indicated that because it had never formally issued a State "take permit for the program, it was obligated, by law, to no longer honor the fee program. This has resulted in much uncertainty for developers and local land use agencies. It appears that CDFG asserted its new position once the per -acre fee dropped from $600 to $100. The fee reduction was implemented pursuant to the original Agreement regarding the mitigation program, which provided that once $7,000,000 was collected, the per -acre fee would be reduced to $100. Under the terms of the proposed MOU, a total of $4,000,000 is committed for Lizard mitigation for the time period between September 1, 2000, and September 1, 2002. CDFG has agreed to make a determination that this mitigation will satisfy its concerns, and that no further mitigation is needed during the two year period. The $4,000,000 is to be used to purchase additional "sand source" habitat. The MOU requires the Cities and the County to contribute $2,000,000 of the $4,000,000. CDFG and FWS conditionally commit to providing the other $2,000,000. To help satisfy the $2,000,000 obligation of the Cities and the County, those jurisdictions would agree to reinstitute the $600 per -acre fee. However, it is highly unlikely that the Lizard fees will generate $2,000,000. With regard to the shortfall, the MOU provides: "It is agreed that to the extent the mitigation fees are insufficient to satisfy the $2,000,000 local contribution within the time period of this MOU, that the shortfall shall be remedied through loans or other sources. If money is borrowed for the shortfall, the mitigation fee will continue to be collected until such time as the loans made whole including any interest accrued. It is further specifically understood that under no circumstances does this MOU obligate the General Fund of any signatory jurisdiction." (Emphasis added) (MOU, p. 4, ¶ IV. B.1.) On August 23'd, a meeting of the MOU "Technical Advisory Committee" was held at CVAG's offices for the purpose of revising the MOU. The City of La Quinta was represented at the meeting by Assistant City Manager Mark Weiss, Community Development Director Jerry Herman, and City Attorney Kathy Jenson. Kathy Jenson was also present as a representative of the City of Palm Springs. Representatives of CVAG, FWS, and CDFG also participated either in person or by telephone. The purpose of the meeting was to discuss concerns regarding the MOU. During the meeting, the wildlife agencies were informed that the Cities were insisting upon the inclusion of language to the effect that the obligation of the MOU would not constitute a General Fund obligation. This raised concerns on the part of the wildlife agencies that the agreement would not be effective. To placate the wildlife agencies, CVAG staff agreed to language with mandates that the Cities make up the shortfall, even though it is not a General Fund obligation. The wildlife agencies indicated that they did not care where the funds came from as long as the Cities' and County's obligation to come up with the funding was clear. During these discussions, City Attorney Kathy Jenson indicated that the unfunded obligation would be a concern to the Cities of Palm Springs and La Quinta. Assistant 270 City Manager Mark Weiss also expressed the concern that the MOU represents 602 C:\My Documents\WPDOCS\CCJHMOU.doc significant change in policy regarding the funding of Lizard mitigation, since the proposed MOU no longer reflects the approach of "development paying its own way" in mitigating for this species. By stating that any shortfall in the funding generated by the fees "shall" be made up by the Cities and the County, the MOU imposes an affirmative obligation on the part of the Cities and the County to come up with funding other than the referenced fees. On August 25, 2000, CVAG staff distributed a revised MOU, which corrected some, but not all of the concerns the City staff had raised. A copy of the MOU is attached (Attachment 1). On September 6, 2000, City Attorney Kathy Jenson sent CVAG a memorandum outlining the outstanding concerns regarding the MOU. A copy of her memorandum is attached (Attachment 2). On September 12, 2000, CVAG issued a memorandum in response to the September 6, 2000, memorandum of City Attorney Kathy Jenson. A copy of the September 12, 2000, CVAG memorandum is attached (Attachment 3). City staff continues to believe there still are several open issues regarding the MOU, including the following: 1. Given that the anticipated fees are likely to be far less than $2,000,000, how the shortfall will be made up is a legitimate area of concern. However, the details regarding how the shortfall would be handled have not been addressed as of this juncture. There is no commitment to use TUMF to cover the shortfall in the MOU, or in any other binding agreement. City Staff has recommended that the commitment be included in the MOU. CVAG has indicated that no agreement is necessary at this time. 2. The City staff requested CVAG Legal Counsel, Toni Eggebraaten, to issue a legal opinion indicating that it would be lawful to utilize the TUMF fees in this manner. CVAG has stated this request has been taken "under advisement." 3. The specifics of any loan repayment should be pinned down at this juncture with the concurrence of the wildlife agencies. The City staff requested clarification that the source of repayment of any loan is the fees collected alone, together with any grants or gifts received for this express purpose. This request has not been addressed. City staff also requested clarification that the fees collected in year 2003 and following could be used to repay any loan, including interest. Specifically, staff wished to verify that the wildlife agencies would agree that the fees collected in 2003, and following could be used to repay the loan. Thus, beginning in September 1, 2002, 100% of the fees collected to mitigate Lizard impacts would be used to repay TUMF, and that those fees would not be paid to CNLM until the loan is repaid. CVAG has indicated this clarification is not necessary. City staff believes there is confusion on this point, and that this should be addressed at this juncture. 271 003 C:\My Documents\WPDOCS\CCJHMOU.doc 4. If the loan is to be from another source (e.g., City of Palm Desert), City staff requested that the obligation be documented now, and that the appropriate legal opinions need to be obtained at this juncture so that the participating agencies would be assured as to the source of the funding for the shortfall. CVAG has indicated this is not necessary. 5. City staff had asked whether CVAG or its legal counsel had researched whether the resolutions adopted to reinstate the $600 per -acre fee would require any of the regular developer impact fee documentation, hearings, and notices. CVAG has responded that some jurisdictions may wish to proceed by urgency ordinance, and have referred to sections of the Fish and Game Code which do not address this issue. This issue remains unresolved. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the execution of the MOU, as drafted; or 2. Authorize the execution of the MOU with modification; or 3. Authorize staff to seek further modification and clarification of one or more of the issues outlined above; or 4. Reject the MOU; or 4. Provide staff with alternative direction. Respectfully submitted, n i Jerry Herman Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. August 25, 2000, Memorandum from CVAG and August 23, 2000 Draft of 272 MOU 2. September 6, 2000, Memorandum from City of La Quinta to CVAG 004 3. September 12, 2000, Memorandum from CVAG to La Quinta C:\My Documents\WPDOCS\CCJHMOU.doc ATTACHMENT 1 (3V,A COACHELLA VALLEY ASSOCIATION of GOVERNMENTS Blythe • Cathedral City • Coachella • Desert Hot Springs • Indian Wells • Indio • La Quinta • Palm Desert • Palm Springs • Rancho Mirage County of Riverside • Agua Caliente Band of Cahuilla Indians • Cabazon Band of Mission Indians August 25, 2000 b00? TO: TECHNICAL ADVISORY COMMITTEE �Z �nb FROM: Steve Nagle, Director of Environmental Resources RE: REVISED-MOU BETWEEN CVAG JURISDICTIONS AND WILDLIFE -AGENCIES RELATED TO INTERIM SOLUTION FOR FRINGE -TOED LIZARD PERMIT Please find attached a revised version of the MOU as agreed to among CVAG jurisdictions and representatives from the California Department of Fish and Game and the U.S. Fish and Wildlife Service at the Executive Committee meeting of August 21". Specific points of discussion were raised by the County of Riverside, the City of La Quinta and the City of Palm Springs. Language to address and reconcile these concerns was agreed to in a conference call on August 23rd and are incorporated in the attached MOU. Taking part in the conference were the CVAG attorney and the attorney for Palm Springs and La Quinta, CVAG staff, as well as City and County staff members. Several cities also requested that language which actually referenced the reinstatement of the $600 per acre mitigation fee be inserted into the document. Please note on Page 4 Section IV under B.I. line 6 that language has been incorporated to read: "The CVAG jurisdiction signatories agree to reinstate the $600 per disturbed acre mitigation fee". On August 2? the CVAG Executive Committee voted to approve the MOU as discussed. The next step is for each CVAG jurisdiction to adopt the MOU and to implement either by Resolution or Ordinance the $600 per acre Fringe -toed lizard mitigation fee. The City Council for the City of Palm Desert passed a Resolution on August 24'. A copy of the Resolution is attached for your converuence. In addition, when this item is scheduled for consideration by your respective City Councils, we would be glad to have any members of our negotiating group there to explain details of the agreement or answer any questions you may have. Please call Mrs. Larson or me at any time if we can be of assistance. 273 Mee RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A $600/ACRE FRINGE -TOED LIZARD MITIGATION FOR DEVELOPMENT WITHIN HISTORICAL HABITAT AS IDENTIFIED IN THE COACHELLA VALLEY FRINGE -TOED LIZARD HABITAT CONSERVATION PLAN (CVFTL HCP) WHEREAS, the Cities of the Coachella Valley, Country, CVAG, CDFG, FWS and The Nature Conservancy (TNC) cooperated in the preparation of the Coachella Valley Fringe -Toed Lizard Habitat Conservation Plan ("HCP"), which was implemented through an agreement signed by the Cities, County, FWS, and CNLM on April 21, 1986 ("HCP Agreement"); WHEREAS, the HCP and HCP Agreement provided for the acquisition and protection of important habitat lands for CVFTL, and provided that acquisition be funded primarily through a mitigation fee, initially set at $600 an acre and later dropped tq,$100 an acre, to be collected from landowners who obtain grading or building permits from the Cities or County; WHEREAS, substantial evidence exists that the current $100/acre fee is insufficient to acquire all properties necessary to insure viable preserves capable of perpetuating the species; THEREFORE, be it resolved by the City Council of the City of Palm Desert that the Fringe -Toed Lizard Mitigation fee imposed through the HCP Agreement shall be raised to $600/acre immediately upon adoption of this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held this day of , 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BUFORD CRITES, Mayor ATTEST: SHEILA R. GILLIGAN. City Clerk City of Palm Desert, California 274 007 Draft August 23, 2000 MEMORANDUM OF UNDERSTANDING Between THE CITIES OF CATHEDRAL CITY, COACHELLA, DESERT HOT SPRINGS, INDIAN WELLS, INDIO, LA QUINTA, PALM DESERT, PALM SPRINGS, AND RANCHO MIRAGE; THE COUNTY OF RIVERSIDE; THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS; THE CALIFORNIA DEPARTMENT OF FISH AND GAME; THE U.S. FISH AND WILDLIFE SERVICE; AND CENTER FOR NATURAL LANDS MANAGEMENT Regarding - MEASURES TO MINIMIZE AND MITIGATE TAKE OF THE COACHELLA VALLEY FRINGE -:TOE© LIZARD I. PURPOSE: The Cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, Rancho Mirage, all municipal corporations of the State of California ("Cities"); the County of Riverside, a political subdivision of the State of California ("County"); the Coachella Valley Association of Governments ("CVAG"); the California Department of Fish and Game ("CDFG"), a subdivision of the California Resources Agency; the U. S. Fish and Wildlife Service ("FWS"); and Center for Natural Lands Management ("CNLM"), collectively referred to as "the Parties", enter into this Memorandum of Understanding ("MOU") for the purpose of conserving the sand corridors to maintain the integrity for two of the three reserves established in the Coachella Valley FringW,TQed Lizard ("CVFTL") Habitat Conservation Plan (HCP), and to ensure such activities comply with both the federal Endangered Species Act, 16 U.S.C. § 1531 et seq., as amended ("ESA"), and the California Endangered Species Act, Fish and Game Code §2050 et seq., as amended ("CESA"). II. AUTHORITY: [optional section; each party to provide statement if it is included] CDFG enters this MOU under authority of CESA and Fish and Game Code § 1802 and §2081. FWS enters this MOU under authority of the Endangered Species Act. 16 U.S.C. 1531, et seq., and the' Fish and Wildlife Coordination Act, 16 U.S.C. 661-6.66c, and Fish and Wildlife Act of 1956, 16 U.S.C. 742(f) et seq. Page 1 275 009 III. RECITALS: A. WHEREAS the Cities, County, CVAG, CDFG, FWS and The Nature Conservancy (TNC) cooperated in the preparation of the Coachella Valley Fringe -Toed Lizard Habitat Conservation Plan ("HCP"), which was implemented through an agreement signed by the Cities, County, FWS, and CNLM on April 21, 1986 ("HCP Agreement"); B. WHEREAS the HCP and HCP Agreement provided for the acquisition and protection of important habitat lands for CVFTL, and provided that acquisition be funded primarily through a mitigation fee, initially set at $ 600 an acre and later dropping to $100 an acre, to be collected from landowners who obtain grading or building permits from the Cities or County; C. - WHEREAS the FWS issued an ESA section 10(a) incidental take..y ermit ("Permit") to the Cities and County to authorize take of CVFTL resulting from land development and other activities covered by the HCP; D. WHEREAS CDFG did not sign the HCP Agreement or authorize incidental take of CVFTL associated with the HCP because a permitting process had not been established under CESA at the time the HCP was developed, but CDFG nonetheless participated in implementation of the HCP; E. WHEREAS the California Department of Fish and Game and the U. S. Fish and Wildlife Service have previously issued letters in regard to certain projects expressing concern relative to Fringe -toed Lizard habitat issues Concurrent with the execution of the Memorandum of Understanding, DFG shall provide letters to CVAG jurisdictions that.;no additional -permits are:_required=for_take of F.T.L. F. WHEREAS the HCP and IA were amended upon DATE by which the CNLM assumed the obligations of management from TNC. G. WHEREAS the HCP and the IA were amended upon September 1, 1998, to permit the use of mitigation fees and other available funds to acquire high priority sand source and corridor lands within the blowsand ecosystem outside the boundaries of the Coachella Valley Preserve and the Willow Hole/Edom Hill Reserve necessary to maintain suitable habitat for the Coachella Valley Fringe -toed lizard. H. WHEREAS the Parties have concluded that the HCP' not protect the Page 2 0 J 7 6 supply of sand through sand source and transport areas that are essential to maintain habitat for CVFTL on two of the three preserves established by the HCP, andmay :not provide sufficient funding for acquisitions to protect these sand source and transport areas; I. WHEREAS the Cities, County and CVAG have been working with the FWS and CDFG to develop a new Multiple Species Habitat Conservation Plan ("MSHCP") for the Coachella Valley pursuant to ESA and the,Natural Community Conservation Planning Act, Fish and Game § 2800 et seq. ("NCCP"); J. WHEREAS the Parties agree that the CVFTL can best be protected by inclusion of the species in the MSHCP, but desire that certain measures be implemented on an interim basis through this MOU to protect the CVFTL until the MSHCP is in place; and K. . WHEREAS the Parties intend this MOU to supplement and not supersede or amend the HCP and HCP Agreement. IV. THEREFORE, THE PARTIES AGREE TO THE FOLLOWING: A. MUTUAL OBLIGATIONS OF ALL THE PARTIES: 1. The parties agree that during the term of this MOU, the greatest priority for land acquisition shall be acquisition of parcels in Section 8, Township 4S, Range 6E; land along Ramon Road and land along Palm Drive that falls within the sand source and transport areas identified in the Coachella Valley Mountains Conservancy Memo dated June 29, 2000 (Exhibit A). Funds previously collected under the HCP or provided pursuant to the terms of this MOU may be used to purchase lands within these sand source and transport areas; land acquisitions in sand source and transport areas shall otherwise be made using the process described in the HCP and HCP Agreement. 2. The Cities, County, CVAG, FWS and CDFG shall diligently work to complete an MSHCP that provides for conservation of the CVFTL and other species. To that end, the Cities, County , CVAG, FWS and CDFG commit to present to their respective decision bodies the proposed MSHCP in a form sufficient `for adoption by -September. `` 1, ' 2002. CVAG, CDFG and FWS management shall meet every three months to assess the progress of MSHCP planning and address problems as they arise. 277: 010/' Page 3 B. OBLIGATIONS OF THE CITIES, COUNTY AND CVAG: 1. During the term of this MOU, the Cities and County shall contribute a total of $2 million for land acquisitions within sand source and transport areas, as prioritized in Section W.A.1 of this MOU. The S2million__Cnay_it Jude arlmitigation fees that the Cities and County generate during this period pursuant to the terms -.of the._HCP.. The CVAG jurisdiction signatories agree to reinstate the $600 per disturbed acre mitigation fee. It is agreed that to, the extent the mitigation fees are insufficient to satisfy the $2 million contribution, the Cities and County.ma make u any shortfall through grants or donations they have received .for this purpose, but in no event shall the cities or county be required to fund any portion of the contribution from_.their _general funds. It is agreed that to the extent the mitigation fees are insuffl ont to satisfy the $2 million local contribution within the time period of ' this MOU, that the shortfall.shall be remedied through loans or 1,. other sources. If money is borrowed for the shortfall, the mitigation fee will continue-.to__be collected until such time as the S loans made whole including any interest accrued. It is further j specifically understood that under no circumstances does this MOU obligate the General"fund of any signatory jurisdiction. 2. The County immediately shall adopt as development guidelines the standards in Exhibit B for land use development occurring within sand source and transport areas in Section 8, Township 4S, Range 6E and along Ramon Road']. The County shall also 7.:.. within"90 days of the effective date of this MOU, consistent with requirements of law, present for consideration adoption of land use ordinances generally consistent with Exhibit B to protect these areas. The County shall obtain the written concurrence of FWS and CDFG for any changes in the development standards set forth in Exhibit B during its review and adoption of land use ordinances for these areas. 3. The County and CVAG, together with Caltrans and Federal Highways Administration, shall mitigate all direct and indirect impacts on CVFTL from widening of Palm Drive through the acquisition program described in this MOU, except that 1 Refer to county Submittal to the Board of Supervisors dated August 14, 2000 (Attached as ExWbit B). 278 Page 4 011. acquisitions for direct impacts of the widening project may not be funded with money provided by CDFG or FWS or_FTL mitigation fees from any other project. 4. The County shall subject the Palm Drive interchange project to the normal environmental review process. C. OBLIGATIONS OF FWS: 1. During the term of this MOU, the FWS shall contribute $1 million for land acquisitions within sand source and transport areas and within the CVFTL preserves, as prioritized in Section IV.A1 of this MOU, provided such funds are appropriated. 2. FWS agrees it will not suspend or revoke the Permit during the term of the MOU so long as the Parties comply with terms of the Permit, HCP, HCP Agreement and this MOU. All other terms of the permit, HCP and HCP Agreements shall remain in effect. D. OBLIGATIONS OF CDFG: 1. During the term of this MOU, CDFG shall contribute $1 million for land acquisitions within sand source and transport areas and within the CVFTL preserves, as prioritized in Section IV.A.1 of this MOU, provided such funds are appropriated. 2. Within one week of execution of this MOU, CDFG will make a determination pursuant to Section 2080.1 of the Fish and Game Code as to whether the FWS Permit for CVFTL in combination with the mitigation provided in this MOU is consistent with CESA. The determination may be conditioned on compliance by the Parties with the terms of this MOU. E. OBLIGATIONS OF CNLM: 1. It is anticipated that CNLM shall hold funds provided under this MOU and use those funds to acquire land in the sand source and transport areas, as described in Section IV.A.1 of this MOU. V. TERM OF THE MOU This MOU shall take effect on the date last signed and shall expire on September 1, 2002 or upon issuance by FWS and CDFG of take authorizations for the •MSHCP, whichever first occurs. Page 5 279 012 VI. CONDITIONS PRECEDENT The following actions are conditions precedent to this MOU and to performance by the Parties of other obligations under this MOU: A. CDFG's execution of a determination pursuant to Section 2080.1 of the Fish and Game Code finding that the Permit in combination with the mitigation provided.in this MOU is consistent with CESA, and B. The County's adoption of development guidelines and land use ordinances as described in Section IV.B.2 of this MOU. VII. AMENDMENT This MOU may be amended with the written consent of each of the Parties to the MOU, except that the development standards in Exhibit B may be changed during the County's adoption of land use ordinances pursuant to Section IV.B.2 of this MOU provided the FWS and CDFG both provide their written consent to those changes. Vill. THE HCP AND HCP AGREEMENT The Parties intend this MOU to ,supplement provisions in the HCP and HCP Agreement, as amended, and this MOU doesVriot amend .or supersede provisions in the HCP and_ HCP Agreement. The Parties who signed the HCP Agreement specifically affirm that the HCP and HCP Agreement, as amended, shall remain in full force and effect. IX. ELECTED OFFICIALS NOT TO BENEFIT No member of or delegate to Congress shall be entitled to any share or part of this MOU, or to any benefit that may arise from it. X. AVAILABILITY OF FUNDS Implementation of this MOU by. FWS is subject to the requirements of the Antideficiency Act and the availability of appropriated funds. Nothing in this MOU will be construed by the Parties to require the obligation, appropriation, or expenditure of any money from the U. S. Treasury. The parties acknowledge that FWS will not be required under this MOU to expend any appropriated funds unless and until an authorized official of the FWS affirmatively acts to commit to such expenditures as evidenced in writing. Implementation of this MOU by CDFG is subject to the availability of appropriated funds and a commitment by an authorized CDFG official to expenditure of such appropriated funds. Page 6 013 X1. DUPLICATE ORIGINALS This MOU may be executed in any number of duplicate originals. A complete original of this MOU shall be maintained in the official records of each of the Parties. XII. THIRD PARTY BENEFICIARIES Without limiting the applicability of the rights granted to the public pursuant to the provisions of 16 U.S.C. section 1540(g) and under California law, this MOU shall not create any right or interest in the public, or any member thereof, as a third party beneficiary hereof, nor shall it authorize anyone not a party to this MOU to maintain a suit for personal injuries or property damages pursuant to the provisions of this MOU. The duties, obligations and responsibilities of the Parties to this MOU with respect to third Parties shall remain as imposed under existing Federal or California law. . XIII. RELATIONSHIP TO ESA, CESA AND OTHER AUTHORITIES The terms of this MOU shall be governed by and construed in accordance with the ESA, CESA, and other applicable laws. In particular, nothing in this MOU is intended to limit the authority of FWS to.seek penalties or otherwise fulfill its responsibilities under the ESA, or to limit the authority of CDFG to seek penalties or otherwise fulfill its responsibilities under CESA. Nothing in this MOU is intended to limit or diminish the legal obligations and responsibilities of FWS as an agency of the Federal government or of CDFG as an agency of the State of California. XIV. EXHIBITS The following exhibit is incorporated into this MOU as through set forth in full. Exhibit A Coachella Valley Mountains Conservancy Memo, June 29, 2000 Exhibit B Development Standards for Section 8, township 4S, Range 6E XV. CONCURRENCE The parties agree to the terms of this MOU and will each work diligently to ensure its successful implementation, as evidenced by signatures of their respective authorized representatives below. 281 Page 7 014 DATED: CITY OF CATHEDRAL CITY ATTEST: By DATED: CITY OF COACHELLA ATTEST: By DATED: CITY OF DESERT HOT SPRINGS ATTEST: By DATED: CITY OF INDIAN WELLS ATTEST: By DATED: CITY OF INDIO ATTEST: By DATED: CITY OF LA QUINTA ATTEST: By Page 8. 282 015 DATED: ATTEST: DATED: ATTEST: DATED: ATTEST: DATED: ATTEST: DATED: ATTEST: DATED: ATTEST: CITY OF PALM DESERT CITY OF PALM SPRINGS By CITY OF RANCHO MIRAGE LM CITY OF RIVERSIDE By 0 COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS By COUNTY OF RIVERSIDE Page 9 283 016 u DATED: ATTEST: DATED: ATTEST: DATED: ATTEST: By CALIFORNIA DEPARTMENT OF FISH AND GAME By U. S. FISH AND WILDLIFE SERVICE By CENTRAL FOR MANAGEMENT By Page 10 0 NATURAL LANDS 284 017 % ATTACHMENT 2 c&4 4 e(P Q" MEMORANDUM TO: STEVE N 1A/GGLE, Director of Environmental Resources, CVAG N FROM: KATHY JENSON, RUTAN & TUCKER, LLP, CITY ATTORNEYS FOR CITY OF LA QUINTA AND CITY OF PALM SPRINGS RE: AUGUST 25, 2000 MEMORANDUM TO TECHNICAL ADVISORY COMMITTEE AND REVISED MOU REGARDING FRINGE -TOED LIZARD PERMIT DATE: SEPTEMBER 6, 2000 The City of La Quinta provided me with a copy of your Memorandum dated August 25, 2000, to the Technical Advisory Committee regarding the Fringe -Toed Lizard MOU. Your Memorandum had attached to it a revised version of the MOU. With regard to your Memorandum and the revised MOU, please note the following:. I. I do not believe that your Memorandum accurately reflects the status of the comments and concerns of the interested cities, at least not those of the Cities of Palm Springs and La Quinta. As stated by Mr. Weiss, La Quinta's Assistant City Manager, at the August 23, 2000 meeting at your office, this MOU, as drafted, represents a significant change in policy regarding the funding of Fringe -Toed Lizard mitigation. The proposed MOU, as drafted, no longer reflects the approach of "development paying its own way" in mitigating for this species. By stating that any shortfall in the funding generated by the fees "shall" be made up by the Cities and the County, the MOU imposes an affirmative obligation on the part of the Cities and the County to come up with funding other than the referenced fees. Given that the anticipated fees are likely to be far less than $2,000,000, how the shortfall will be made up is a legitimate area of concern to the Cities of Palm Springs and La Quinta and possibly other cities and the County. You will recall when the "shall" language was proposed during the meeting on August 23`d, I specifically asserted that this would be a concern to the Cities of Palm Springs and La Quinta. While we did not continue to belabor the point during the conference call, this was not resolved during the meeting and still have not been resolved. 2. It was my understanding that the details regarding how the shortfall would be handled were to be addressed at this juncture. The revised MOU does not include any such provisions, beyond an agreement that the $600 per acre fee will be reinstated. In this regard, I believe it is necessary to do the following: (a) The commitment to use TUNE to cover the shortfall needs to be included in the agreement or agreements to be presented to the individual cities for consideration by their city councils. Our preference would be that this is handled in a single document. Should it be necessary that it be accomplished in a separate agreement, then it must be clear that the MOU 285, MW will not be effective until and unless the separate agreement is also in place. The agreement would need to recognize that the sole source of the repayment is the fees collected from developers, together with any grants or gifts received for this purpose. (b) We believe it is necessary for CVAG Legal Counsel, Toni Eggebraaten, to issue legal opinion indicating that it would be lawful to utilize the TUMF fees in this manner. (c) The specifics of any loan repayment needs to be clarified. Specifically, it needs to be clear that the source of repayment of any loan is the fees collected alone, together with any grants or gifts received for this express purpose. It is my assumption that the fees collected in year 2003 and following will be used to repay any loan, including interest. Have the wildlife agencies agreed that the fees collected in 2003 and following can be used to repay the loan? In other words, have they agreed that beginning in September 1, 2000, 100% of the fees collected to mitigate Fringe -Toed Lizard impacts will be used to repay TUMF, and that those fees will not be paid to CNLM until the loan is repaid? I believe there is confusion on this point which needs to be clarified before the issue can be presented to the various decisionmakers. (d) If the loan is to be from another source (e.g., City of Palm Desert), this needs to be documented now, and the appropriate legal opinions need to be obtained at this juncture. On Page 2, Recitals F and G, the term "IA" is used. You mean HCP Agreement? 4. On Page 3, Section IV.A.2., line 3, delete the space after County before the comma. 5. On page 4, Section IV.B.1, it would seem that this is the best place to clarify that 100% of the fees collected after September 1, 2002, shall be used to repay any loan, including interest. This needs to be addressed in the agreement with CDFG and FWS. 6. On page 7, Section XV., line 1, the "p" in "parties" should be capitalized. 7. On the signature blocks, doesn't the agreement also have to be approved by legal counsel? 8. Has anyone researched whether the resolutions to set the fee back at the $600 per acre level require any of the regular developer impact fee documentation, hearings, and notices? 019 Sep—.12-00 Ol :53P Coacho11aVa11eyAssoc0-FGc)v 760 340ATDkCHMENTS CVA COACHELL.A VALLEY ASS! Blythe • Cathedral City • Coachella • Desert Hot Springs • Indian County of Riverside • Ague Caliente Band of September 12, 2000 Post -it" brand fax transmittal memo 7671 ► or pages ► —3 7b i From 7 Depl. Phone Fax %/ Fax x TO: TOM GENOVESE, City Manager, City of Ira Quints KATHY JENSON, Attorney, Rutan & Tucker, LLP FROM: Steve Nagle, Director of Environmental Resources RE: QUESTIONS AND ISSIJES RELATED 1-0 TUE MOU FRINGE -TOED LIZARD PERMIT Tom and Kathy this is in response to Kathy Jenson's memo of September 6. Thank you for your comments and input in reference to the MOU. As you know the objective of the Agreement with the wildlife agencies was to find an interim solution to the "sand source" issue. In our negotiations on August I' and tad we determined and agreed that: a Additional sand source acquisition could come from a variety of funding sources including reinstatement of the $600 FTL mitigation fee. Commitment to complete the MSHCP in a timely manner. a Development standards to be implemented in section 8. • Resolution of the Palm Drive and the Palm Drive Interchange The Executive Committee approved the MOU at their special meeting on August 21 ' and also approved the use of TUMF in case a loan may be needed to make up any shortfall from FTI,, ntigation fees either before or after the two year commitment. Kathy had some specific concerns mainly about the loan and the local commitment to repay which I have tried to address each of your concerns as set forth below. Cathy Jenson's memo states that the N40IJ no longer reflects the approach of "development paying its own way" in mitigating for this species. The MOU is very clear in fixing ultimate funding responsibility with development mitigation fees: Page 4 Section IV B 1. "The $2 million may include any mitigation fees that the Cities and County generate during this period pursuant to the terms of the HCP- The CV AG jurisdiction signatories agree to reinstate the $600 per disturbed acre mitigation fee. It is agreed that to the extent the mitigation fees are insufficient to satisfy_ the $2 million contribution, the Cities and County may make up any %hortfall through grants or donations they have received for this purpose, but in no event shall Cities and County be required to fund any portion of the contribution from their general funds. It is agreed that to the extent the mitigation fees are insufficient to satisfy the $2 million local contribution within the time period of this MOU, 287 020 73-71 D Fred Waring Drive. Suite 200 • Palm Desert, CA 92260 • (760) 346-1127 • FAX (75D) 34D•5949 Sep-12-00 01:53P CoachellaValleyAssocOfGov 760 340 5949 P.02 that the shortfall shall he remedied through loans or other sources. if money is borrowed for the shortfall, the mitigation fee will continue to be collected until such time as the loans (are) made whole including any interest accrued". 2. Kathy Jenson's memo refers to the issues of "details regarding how the shortfall would be handled..." (a). Beyond authorizing the loan concept, on August 2 1 " the CVAG Executive Committee further authorized use of a TUMF loan to be paid back with interest from developer mitigation fees. The preparation of an actual loan document with details would be premature at this juncture because the amount of the loan and interest is unknown and would be speculative at this time. (b). The request for CVAG Legal Counsel to issue a legal opinion on the lawful use of TUM1' fees relating to said loan will be taken under advisement. The Uniform Transportation Mitigation Fee is used for transportation related projects or any other purpose consistent with the Ordinance. The nexus between Palm Drive, the Palm Drive Interchange or any other transportation impacts related to CVFTL habitat would appear to fall under the purposes of TUMF. (c). The question is asked: Have the Wildlife agencies agreed that fees collected (after 2000) =I be used to repay the loan? It states specifically in the MOU Page 4 Section 4 R.I. Line 1 b; "If money is borrowed for the shortfall, the mitigation fee will continue to be collected until such time as the loans are made whole including any interest accrued. Representatives from the USFWS have stated that it is not their intention to "penalize" participating jurisdictions or layer additional fees affer the two year period in repayment of any loan from developer mitigation fees. The funds will exclusively be used for acquisition of sand source land which is the objective of the MOU. (d). If the loan is to be from another source (e.g., City of Palm Desert) this needs to be documented now, and the appropriate Icgal opinions need to be obtained at this juncture. This approach is clearly "putting the cart before the horse'. The drawing up of any specific loan document in this phase of reinstating the $600 nut.igation fee per disturbed acre and bringing closure to the interim agreement with the wildlife agencies could preclude flexibility in terms of other repayment potential sources e.g., grants, donations, etc. in addition, since we do not know whether a loan will actually be needed nor how much the loan might be, it is premature to fashion a loan commitment or specifics of a loan document. Most parties conferred with on this point agree that any loan agreement will need to be drawn when and if we reach that point. The purpose of the current. NIOU in question is between the CVAG Jurisdictions and the wildlife agencies and any language inserted about loan specifics would be extrinsic to the purpose of the MOU. Page 2, Recitals F and G: "IA" refers to implementing Agreement. 288 021. ___.- — n n - /J 9 Sep-12-00 01-53P CoachellaValleyAssocOFGov 760 340 5949 P.03 4_ Page 3, Section IV. A.2., litre 3, delete space after County before the comma. Done. 5. This issue is clarified in issue number 1. 6. Page ?, section XV., line Y. The "p" in "parties' should be capitalized. Done. 7. Signature blocks include ATTEST: (this line ma_v be signed by legal counsel). 8. The question is asked whether resolutions to "set the fee back at the $600 per acre level require any of the regular developer impact fee documentation, hearings, and notices"? Some jurisdictions may choose to adopt an urgency resolution. It is my understanding that under Fish and Game Code 2081 the Department (CDFG) may authorize acts that are otherwise prohibited pursuant to Section 2020, as follows: "(a). Through permits or memorandums of understanding, the department may authorize individuals, public agencies, (etc...) to import, export, take or possess any endangered. species... Thus the MOU is the mechanism CVAG jurisdictions and the wildlife agencies are using to implement the interim solution for protecting sand source areas and to reinstate the $600 per disturbed acre mitigation fee. The MOU specifically states that the MOU does not amend or supersede provisions of the original HCP and HCP Agreement (which have been in place since 1955) and that "The Parties who signed the HCP agreement specifically affirm the 11CP and HCP Agreement, as amended, (prior) shall remain in full force and effect." Please let us know if you still have additional concerns or have any further questions. Also, if you need Corky or l or others to attend your City Council Meeting or study session we will be glad to be there to answer any questions. cc: Doug Evans, City of Palm Springs 289 n2� P.RR _ Sep-28-00 10:07A CoachellaValleyAssoc-0-Mov 760 340 5949 p,O2 Sent By: •; ATTACHMENT 2 MEMORANDUM TO: Steve Nagle Director of Envuonmental Resources FROM: Toni Eggrebraaten Ucncral Counsel DATE: September 21, 2000 RE: TUMF Funds for CVFTL Mitigation You have asked for a legal opinion with respect to whether or not TUvIF funds may be utilized is connection with the proposed MOU with, among others, the Department of Fish and Game concerning the alleged take of the fringe toed lizard and its habitat. My opinion, as set out below, is that TtTMF funds may be used. This opinion relies on the analysis and facts set out below- - Previously, a federal take permit was issued with respect to projects within the Coachella Valley based on the mitigation requirements of the Coachella Valley Fringe Toed lizard Habitat Conservation Plan adopted in June of 1984 (the "Plan'). At the time that the Plan was adopted, the state did not have the power to issue such a permit. Subsequent to the adoption of the plan, state law was changed to allow the California Department of Fish and Game to issue a take permit pursuant to the California Endangered Species Act (CESA). Because thr, State Department of fish and Gunc (DF&G) had actively participated in the Plan, projects have always gone forward under the assumption that the Plan satisfied both federal and state endangered species acts with respect to the fringe toed lizard. That is, until the isauc was raised in the context of discussions on the plans for an 1-10 interchange in Palm Desert. For the first tinic, a representative of the DF&G commented in response to a reference to the federal take permit that a state take permit had never been issued and that application had never been made to DF&G pursuant to Fish and Game Section 2081(b). That Section provides that the DF&G can formally find that the federal take permit is consistent with the state endangered species act. Hoping that the matter would be treated as a mcrc formality, application was made to t)F&G for such a finding. DF&G declined to make that finding. The result of that determination is that every project within the Coachella Valley is now subject to the requirements of CESA with iespect to tho fringe toed lizard, and its habitat notwithstan&ag the fact that there is a federal take permit. In the interest of avoiding litigation on this issue, all of the concerned patties met and conferred with respect to bow to address the DF&G concerns. Both the federal and state agcocics arg4ed that the Plan was insufficient in terms of preserving sufficient habitat; that the mitigation measures set oui in the Plan, were no longer sufficient; that i-nore 290 09-28-00 10:04 RECEIVED FROW 760 340 5949 P.02 Sep-28-00 10:07A CoaChel la VallayAssoCO-FGov 760 340 5949 "Sent By: 'i T P.03 Steve Na"lc September 21, 2000 Mesuorandum Page 2 recent studies suggested approximately 12,000 additional acres must be added to the preserve area to protect sand sources and wind corridors in order to maintain the preserve's viability as habitat for CVFTL- The result of the negotiations by all of the interested parties led to the proposed MOU that requires CVAG and its member jurisdictions to provide an additional two million dollars for acquisition of sand source and corridor lands. Additionally, the MOU provides that the mitigation fees to be collected from all prospective developers by each of the Coachella Valley signatory cities shrill be restored to the original $600 per undisturbed acre impacted by any proposed developments_ Accordingly, the contribution by each of the signatory city jurisdictions is apportioned by direct correlation to the number of acres developed within that jurisdiction. As to each acre developed, the jurisdiction's contribution shall be the $600 per acre mitigation fees charged to the developers. The benefit to each of the signatory city jurisdictions is that all development within the jutisdiction will be the beneficiary of both a federal and state take permit with respect to the. fringe toed lizard and its habitat. Absent such participation, every project within the jurisdiction would be subject to satisfaction of CESA with 7espect to the fringe toed lizard and its habitat. With respect -to CVAG's interest in this mattar, all transportation projects undertaken by CVAG would be similarly subject to CESA with respect to the fringe wed lizard and its habitat unless CVAG were likewise a party to the MOU. As a party to the MOU, CVAG will enjoy the benefit of a federal and state take permit with respect to the fringe toed lizard and its habitat as to every transportation project undertaken by CVAG. Howevcr, CVAG has no taxing authority by which it might shoulder its proportionate share of the two million dollars collectively required to fund the necessary mitigation. Clearly the impact of CVAG transportation projects on the fringe toed lizard and its habitat is such that contribution from CVAG for mitigation is reasonable_ Given all of the above, the parties to the MOU have considered that CVAG's fair share might be funded through TUMF monies to the extent necessary to cure any shortfall in the total sums available from the tnernber jurisdictions. Such a proposal is a reasonable way of appoitioning CVAG's obligation to mitigate with respect to the transportation projects it undertakes and for which CVAG will benefit in terms of relief from CESA with respect tb the fringe toed lizard and its habitat. An unfortunate outfall of the position by the Dcpwtmont of Fish and Game that it will not continue to Honor the Plan is that the cost of the transportation projects widcrtakcn by CVAG will riow escalate in direct proportion to its obligation to assist with the funding of this additional mitigation required by the DF&G. As the budgets for such transportation projects are prepared years in advance and hinds apportioned between various projects and from various sources based on those budget projections, there is some concern that the additional expense in the form of mitigation required by DlF&G pursuant to CESA may leave projects under -funded. To remody this, it has been suggested that the mernber jurisdictions reimburse 715MF for any funds advanced to meet the collective obligation r nn-•>P_QM 1A:R4 RECEIVED FROM:750 340 5949 P-03 291 Sep-28-00 10:07A CoachellaValleyAssocOVGov 760 340 5949 - -Sent Uy: . a T 3 . v -- .. _1 .., .. P.04 Stcvc Nagle September 21, 2000 Memorandum Page 3 of the parties pursuant to the MOLT with DF&G. This reimbursement would come from continuing in place the $600 per acre mitigation fees charged to developers after the date that the total two million dollar pool is funded and until such time as there has been a total reimbursement of TUMF. I believe that such an advance of TUMF monies is permissible. Wbenever special funds have been established for the payment of a particular class of expenditures or for a particular purpose, the general rule is that those finds cannot then be used for any other purpose. I have reviewed the TUMF material and confirmed that the use of j1JMF funds is limited to the specific purpose of funding the cost of transportation improvements within the region. Therefore, 'IT[>1VIF funds may only be used for that purpose. Given all of the above, I believe that an advancement of TUMF funds necessary to fund mitigation under CESA required for transportation improvements is clearly within the scope of the purpose for which TUMF has been assessed and set aside. M 292 ► Q-9p-Rua 1 0 : 05 RECEIVED FROM:760 340 5949 P . 04 Sep-27-00 10:55am From-RUTAN 4 TUCKER LLP, T-048 P.02/02 F-517 ATTACHMENT 3 MEMORANDUM TO: Steve Nagle FROM: M. Katherine Jenson DATE: September 26, 2000 FILE NO.: 015610-0002 RE: Legal Opinion Fringe -Toed Lizard MOU In reviewing The legal opinion from Toni Eggebraaten, Legal Counsel for CVAG, we were confused about the following statement on page 2, first full paragraph: "Accordingly, the contribution by each of the signatory city jurisdiction is apportioned by direct correlation to the number of acres developed within that jurisdiction." It was my understanding from prior statements you had made that There was not going to be any apportionment on this basis, Rus is confusing, and we would like clarification. I was unable to find a listing for Toni, so I am requesting that you forward this to her as soon as possible so that we may consider her response in connection with The consideration of the MOU, In addition, would you please confirm in writing to us CVAG's commitment that it will make up any shortfall in the fees with a TUMF loan. Please send Toni's response and CVAG's written confirmation directly to the City of La Quinta, to the attention of both Tom Genovese [fax (760) 777-71011 and Jerry Herman [fax (760) 777-1231], as well as to Doug Evans [fax (760) 322-5360]. Please also fax these to my office at (714) 546-9035, to my attention. We will need the above items prior To the upcoming council meetings on October 3r14 , and 4"', 2000. Thank you for your assistance_ cc: Thomas P. Genovese, City Manager, City of La Quinta Jerry Herman, Director of Community Development, City of La Qumta Douglas R_ Evans, Director, Department of Planning and Building, City of Palm Springs 1 t910 5oiU-0002 1 1982� 0 t a0920100 293 09-27-00 10:49 RECEIVED FROM:+ P.02 SOP-27-00 1o:56am From—RVAN & TUCKER LLP, FiUTAN &TUCKER ATTORNEYS AT LAW n PAICT"'t$LSn1Y INCLVDINC PROFE551ONA1. CC,RPORAT110M Dtt ANTON e0u4.EvnRD. FouOJEANTr1 FtOOk COslA MESA, C�uFcaRNln9ao2e-S4en OWECT Akl, MAU. TO POST OFrICk 80ic 15SO COSTAmfE'n CALW RNIA92 18-1y50 TGEPnONE 71+-w-sTOO FACSSSv1f1E'14 54h-fuss 1nTEBnk f AuDR£ss www r• l.n Cv.n Direct D1al: (714) 641-3413 E-mall kjenSCm@ru1ar1.00M Via Telecopier and U.S. Mail Pete Sorensen V_S_ Fish & Wildlife Service 2730 Loker Ave., West Carlsbad, California 92008 Michael R. Valentine General Counsel Department of Fish & Game Legal Office 1416 9th Street, 12th Floor Sacramento, CA 95814 ATTACHMENT 4 ww w.wnl .wn . .•....,a ,.w aw rL -ATTACHMENT 1wMf)¢ w.fY>la• v.....wM, twrl.w _77n.•v. Kfnl DquC•wa. Dcnnwr l4.a .nMwPn Pwrani4l ... rwv. +,kOCT•C wMKA M+rI.wLY 1 nWNwa rTRa, .vtwl.InMta 1+>a n W+►W.l WuLY anfw +rv.RPw ru.n«I. n.n+r., •ann KOMa.104Yvcn TauDO a.T,- IvnT.inw> rwY... �Dnnapw .wMRa .nl.D Ka.rtaMkC wPw w W,...e•r ww. R+an Ja wA.Q .q..n Y n Of.T. N )I+Yah w w.CnL>i> .>eca w COIOs+a• ikN . Pvnw .•wL, M Mw•Tyrlry M,Cn+Ll Wk.w+W.. InOMwiC w.00>.r•t 14M1 iLlnn Rkwln fw4DLrlww.4 n•MhtvT(w M,Y>4ROw awn F• wwMNnW ,nnGF f•TN.n w.tiZaw rYhTr YOMIw.aCi r+awaK -wilnc.y. waa>�N Tn1404.F1 ww.lwCt. ,K• t4kth ,Oc.0 awl-Y) > iµ n.aReDQN 1.>.Kif7 —C—C IersC ulnta a.n.ikT w FRuCta KnNDw.. - srvAavin >•iac • TIL-Nu.. ilw.ry r >wl.yy y.Nnp>t a-nocws�+w w+ssn1D C.•Rav7n MwRt M CW., 4-n C, +uZoo' Y1M> r+.Cnw G[U. a LnkT. wDR.i tat tyµ{4v nY,;jsn. w0>L..wn lwaaal J r,lwa R Inc. 1 CMNc r Tw P w+TCw.lw an t>.Zw+11fi w r- n +r3ut Oki,$c RKwvn _VT fKw•,tF KlCnwaOa.0-. ..wT wv!>.aawl(1 C-p- �aarv.[M(J,M aa.1 TnOmw.> s+l.nGN nn(>Or[FMMa fnn.(>1 wN>C w•a%In .. RwN+ta+n MLiNi Mww,ln•[ DAV.JC \wk>.n" M 4nTrf[afN[11 r/>4 V•avl7jn 11M.. +inn wMni(Sh, il. Cn+•[ Cn(h rurrOKP c rtuOFn ww, r ...,.lOw>I w rnra,fi .wuNo. ,4r+n n Kwwwu T lwn NLu>cN -.LnI1R. a Ka.rin a1Cnw¢PC wtrTa D o > Owr.lal n++NLfTI.t Ivwry lC»Ctll anw r w+[n4twA 3.aantF>M+Tn rwvtl >NYFal r.T , elwnl.a..RD .(irLCYw ODF•nM• ..%OT w wl Ok .. +I /Oltrn . I,arnCl L a..C•nu 1 OF,0V %Twry T.4.com c Z W(in l -MR ",.4C L•YCIK t14,tw1 > MNC 0-vP a :toN.•w A 44 > oo-. IMP 7n4wIS4n thYRw ch-N 16;, Cu.: n�w,nA wwr pwwV l awR•e.. Cn n• 3nv+Jl .ul•n.M M+nL tw»W wwLtF Jww >+w1ar nww[ •-wNG..w /dµ,Tn vwv�a♦ CD,LYOvt >.[M M S•wTl•)•. WMuc .M-r>RA -w Y¢OrLsi.ONwl >T.ca1+MM-wkllt\Ma hw Lvwll t MDu•> +wnl v.u•.w.laN iTwnln.• au.l iw evot o. )Tl>.n, CW.. wr••>v4w MQDKc _ „an a T>,.n G,kvOr,wTRM September 26, 2000 Re: Fringe -Toed Lizard MQU Dear Mr. Sorenson and Mr. Valentine: This will confirm my conference with Mr. Sorensen today and my telephone conference with Mr. Valentine yesterday regarding the Coachella Valley Fringe -Toed Lizard MQU. During these conferences, I asked each of you to confirm on behalf of the U.S. Fish & Wildlife Service and the Department of Fish & Game, respectively, that with regard to the MOU, if a loan is obtained to cover any shortfall between the Coachella Valley Fringe -Toed Lizard mitigation fees collected in the two years commencing on September 1, 2000, and ending on September 1, 2002, and $2,000,000, that all of mitigation fees collected after September 1, 2002, can be used to repay the loan rather than being paid to the Center for Natural Lands Management, until such time as the loan and any interest payments are paid in full. By copy of this letter, I am informing both Palm Springs and La Quinta of This confirmation so that those cities can take this into consideration with regard to the proposed Fringe Toed Lizard MQU. l i NOD! �a St?-Li[1U2 ll97Miflil09lSorW 09-27-00 10:49 294 .RECEIVED FROM:+ P-04 Sep-27-00 10:56am From-RUTAN & TUCKER LLP, + T-048 P.03/03 F-518 RUTAN &TUCKERS Pete Sorensen Michael R. Valentine September 26, 2000 Wage 2 Thank you for this clarification RUTAN &c FUCKER, LLP 07), _ Z.. M. Katherine Jens MKJ cc- Thomas P. Genovese, City Manager, City of La Quinta Jerry Herman, Director, Community Development Department, City of La Quinta David Aleshire, City Attorney, City of Palm Springs Douglas R. Evans, Director, Department of Planning and Building, City ofPaim Springs I9/015b, 04=2 t .9709 01 a0912WOO 295 09-27-00 10:50 RECEIVED FROM:+ P-05 01 DEPARTMENT REPORT: �— V S OF TNT TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager �I 1, DATE: October 3, 2000 RE: Department Report - Response(s) to Public Comments The following is the response to public comments made at the September 19, 2000 City Council meeting: 1. Mr. William Cain, 52-485 Avenida Rubio, addressed the City Council regarding a graffiti code violation notice he received for his "carpet of dreams" painting at Avenida Montezuma and Calle Ensenada. Mr. Cain asked to be allowed to complete his project or at least have any City action delayed until he can present his proposal to the Council at a future meeting. The matter was addressed during the Council meeting. Mr. Cain was informed that he should present his artwork to the Cultural Arts Commission for consideration before proceeding any further. 2. Mr. Wayne Hancock, 55-920 PGA Boulevard, of KSL Recreation, commented on the status of the National Monument legislation. He expressed his concern regarding the legislation going back to committee or dying if Senator Feinstein's Office suggested any changes related to the wilderness area. No additional response was necessary. DEPARTMENT REPORT: 3- A OCTOBER 17 OCTOBER 19 OCTOBER 25 NOVEMBER 7 NOVEMBER 21 DECEMBER 5 DECEMBER 19 JANUARY 2 JANUARY 16 CITY COUNCIL'S UPCOMING EVENTS CITY COUNCIL MEETING REALTORS BREAKFAST - LA QUINTA RESORT COMMUNITY PARK MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING 297 October 2000 Monthly Planner 3 4 5 6 7 1 2 2:00 PM City Council Meeting 8 9 10 11 12 13 14 10:00 AM CVAG 7:00 PM C.V. 9:00 AM RCTC- 12:00 PM Public Safety- Mosquito Pena Energy/Envi- Perkins Abate. -Perkins 5:30 PM Invest- Sniff 12:00 PM CVAG 7:00 PM Plan- ment Advisory 7:00 PM Cultural Transp-Perkins ning Commis- Board Arts Commission 7:00 PM Commu- Services sion Meeting Columbus Commission o Day 16 15 16 17 18 19 20 21 9:00 AM CVB- 8:00 AM - Henderson 10:00 AM 2:00 PM City City -Hosted Council Realtors Break - Meeting fast - La Quinta Resort 3:30 PM Historic Preservation Commission 22 23 24 25 26 27 28 2:30 PM RCTC 7:00 PM Plan- 12:00 PM CVAG 9:00 AM Budget -Pena ning Commis- Human/Com- LAFCO- sion Meeting Adolph Henderson 4:00 PM DRRA Airp-Henderson 29 30 31 01111111111 P. 6:00 PM CVAG-;',: Exec Com-Pena September NT W er S M T W T F S S M T W T F S Daylight Savin- Halloween 1-2 1 2 3 4 3 4 5 6 7 8 9 5 6 7 8 9 10 11 gs Time Ends 10 11 12 13 14 15 16 12 13 14 15 16 17 18 17 18 19 20 21 22 23 19 20 21 22 23 24 25 24 25 26 27 28 29 30 26 27 28 29 30 Creator Plus on 9/27/2000 298 Printed by Calendar November 2000 Monthly Planner 1 2 3 4 12:00 PM ctober Mayor's Lunch S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 , 15161718192021 22 23 24 25 26 27 28 29 30 31 5 6 7 8 9 10 11 2:00 PM City 9:00 AM RCTC- 12:00 PM Veteran's Day Veteran's Council Pena Energy/Envi- (CITY Day Meeting 5:30 PM Invest- Sniff HOLIDAY) Advisory 7APM Cultural ® Boar Board Arts Commission Arts Election Day 12 13 14 15 16 17 18 10:00 AM CVAG 7:00 PM C.V. 3:30 PM Historic Public Safety- Mosquito Preservation Perkins Abate. -Perkins Commission 12:00 PM CVAG 7:00 PM Plan- Transp-Perkins ning Commis- 7:00 PM Commu- nity Services sion Meeting Commission 19 20 21 22 23 24 25 9:00 AM CVB- Henderson 12:00 PM CVAG Human/Com 2:00 PM City Adolph Council Meeting 4:00 PM DRRA Airp-Henderson Thanksgiving Thanksgiving Day (Holiday) (Holiday) 26 27 28 29 30 !° � 2:30 PM RCTC 7:00 PM Plan - Budget -Pena nmg Commis December 6:00 PM CVAG- sion Meeting S MT W T F S Exec Com-Pena 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 t. Printed by Calendar Creator Plus on 9/27/2000 299 December 2000 Monthly Planner Printed by Calendar Creator Plus on 9/27/2000 300 Sent By: *; + ; Sep-20-00 8:46AM; Page 1 4DRAFTl9-19-2000 MAYOR & COUNCIL MEMBERS' ITEM: AN ORDINANCE OF THE CITY OF ADOPTING THE MODEL MASSAGE ORDINANCE FOR THE CONSISTENT REGULATION AND RECIPROCAL PERMITTING OF MASSAGE THERAPY BUSINESS ACTIVITIES WITHIN THE COACHELLA VALLEY THE CITY COUNCIL OF THE CITY OF , CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. FINDINGS A. The City Council finds that massage therapy is an integral component of the scope of services sought by residents and tourists when visiting the Coachella Valley. B. The City Council finds and determines that licensing standards pertaining to massage therapy business .activities are necessary to protect the public health and safety and the personal safety of -massage therapists. C. The City Council further finds that public health and safety is best served by the adoption of a model ordinance providing for regulation of massage therapy activities in a manner that is consistent throughout the Coachella Valley. D. The City Council finds and determines that a deposit fee is necessary to offset the costs associated with the implementation and administration of this ordinance. SECTION II. PURPOSE AND INTENT A. The purpose of this ordinance is to insure the protection of the public health and safety and the personal safety of massage therapists through the establishment of certain licensing standards pertaining to massage therapy business activities within the Coachella Valley and to recognize massage therapy as a legitimate business occupation and health enhancement service. B. This model. ordinance, upon adoption by this and the other cities within the Coachella Valley, shall provide for the consistent regulation and reciprocal permitting of massage therapy business activities "throug hout the Coachella Valley. C. Nothing in this ordinance is intended to permit any use, conduct, and/or activity that violates any federal, state or local law or regulation. SECTION III. DEFINITIONS A. "Applicant" means the individual seeking a permit pursuant to this Chapter.. In the 301 Sent By: *; + ; Sep-20-00 8:46AM; Page 2 4DRAFr/9-19-2000 , case of a legal entity other than a sole proprietorship, "applicant(s)" shall mean all individual(s) with ownership, management or control of the entity seeking a massage therapy establishment permit pursuant to this Chapter. For example, in the case of a corporation, the term "applicant(s)" shall include each officer, director, manager or other individual with management control of the corporation. In the case of a partnership, "applicant($)" shall include each general partner and every manager. In the case of a limited liability company, "applicant(s)" shall include each member and every manager. B. "Certified copy" shall mean a copy of a document that is certified by the issuer as being a true and accurate copy of the original document or a similar document bearing an original signature of the issuer. C. "Certified statement" shall mean a written assertion, claim or declaration bearing the original signature of the issuer. D. "Coachella Valley Model Massage Ordinance" shall mean the provisions of this ordinance as adopted by this or any other jurisdiction within the Coachella Valley. E. "Communicable disease' shall mean tuberculosis, or any disease, which may be transmitted from a massage therapist to a patron through normal physical contact during the performance of any massage service. F. "Complete, application" shall mean an application, which provides all of the requisite information required to be provided by an applicant pursuant to this Chapter. G. "Disqualifying conduct" means any of the following: (a) Pandering as set forth in California Penal Code Section 266i; (b) Keeping or residing in a house of ill -fame as set forth in California Penal Code Section 315; (c) Keeping a house for the purpose of assignation or prostitution, or other disorderly house as set forth )n California Penal Code Section 316, (d) Prevoiling upon a person to visit a place of illegal gambling or prostitution as set forth in California Penal Code Section 318, (e) Lewd, conduct as set forth in California Penal Code Section 647, subdivision (a); (f) Prostitution activities as set forth in California Penal Code Section 647, subdivision (b); (g) Any offense committed in any other state which, if committed or attempted in this state, would have been punishable as one or more of the offenses set forth in California Penal Code Sections 266(i), 315, 316, 318, or 647, subdivisions (a) or (b); 2 302 002'. Sent By: *; Sep-20-00 8:47AM; Page 3 4DRAF 119-19-2000 (h) Any .felony offense involving the sale of any controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057, or 11058; (i) Any offense committed in any other state which, if committed or attempted in this state, would have been punishable as a felony offense involving the sale of any controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057, or 11058; 0) Any misdemeanor or felony offense which relates directly to the practice of massage therapy,, whether as a massage therapy business owner or operator, or as a massage therapist; or (k) Any felony the commission of which occurred on the premises of a massage therapy establishment. H. "Employee," solely for purposes of this Chapter, shall mean a person, including an independent contractor, who provides services for any permittee, regardless of whether or not said person is paid: a salary, wage or other compensation. 1. "Establish'' shall mean to (a) open or commence a massage therapy related business as a new business or as an accessory use to an existing business, (b) the conversion of an existing business, -whether or not it is a massage therapy business, to any, or to any other, type of massage therapy business, (c) the relocation of any massage therapy business to any other location, or (d) the substantial enlargement of an existing massage therapy business. J. "Exempt 4stablishment" shall mean a massage therapy establishment that has applied for and been granted an exemption from the requirement of a massage therapy establishment permit, by virtue of the fact that the establishment is wholly owned, operated, managed and/or controlled by a single massage therapist, and has no employees within the meaning of this Chapter, and for which a valid off -premises endorsement and massage therapist permit noting said exemption has been issued pursuant to the Coachella Valley Model Massage ordinance by the jurisdiction within which the exempt establishment is located. Said exemption shall apply only to the requirement for a massage therapy business establishment permit; all other provisions of this Chapter shall apply to an exempt establishment. K. "Filing date of application" shall mean the date on which the City determines that a complete application pursuant to this Chapter has been submitted to the City by the applicant. L. "Full nudity" or "semi -nudity" shall mean any of the following: display of an anus, male or female genital, pubic region, or a female immediately above the top of the areola, and/or (b) a state of and completely and opaquely covers an anus, male or female genital, put breast below a point immediately above the top of the areola. (a) the appearance or breast below a point ress which less than is region or a female 303 003 Sent By: *; + Sep-20-00 8:47AM; Page 4 4DRAFT/9-19-2000 M. "Manager" means the individual(s) who are responsible for the management and/or supervision of a massage therapy business. N. "Massage`or "message therapy" shall mean any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliances, with or without supplementary aids such as creams, ointments, or other similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or any gratuity therefor. O. "Massage therapy establishment" shall mean any establishment having a fixed place of business for the purpose of deriving income or compensation from the practice of massage, whether or not massage is performed on the premises. With respect only to the permit requirement set out below for each such establishment, an establishment wholly owned, operated, managed and/or controlled by a single massage therapist, and that has no employees as that term is defined herein, may seek designation as an "Exempt Establishment' in the operator's off -premises endorsement and massage therapy permit. P. "Massage iherapisr shall mean an individual who, for any consideration whatsoever, performs or offers to perform a massage. Q. "Operator" shall mean any of the following: (a) the owner, (b) the permit holder and applicant(s) therefor, (c) custodian, (d) manager, or (e) person in charge of any massage therapy establishment. R. "Off -premises massage" shall mean: (a) A massage performed at a location for which a permit to operate a massage therapy establishment has not been issued in compliance with the Coachella Valley Model Massage Ordinance, or (b) A massage performed at a location that is not designated as an employing therapy establishment in a valid permit issued pursuant to the Coachella Valley Model Massage Ordinance and held by the massage therapist performing the massage. S. "Patron" shall mean any person who receives a massage in exchange for any form of consideration including, but not limited to, the payment of money. T. "Permit" shall mean the written license to engage in the practice of massage for compensation as required by the Coachella Valley Model Massage Ordinance. U. "Permit Ailmin>istrator" means the designated city official responsible for issuing, revoking and otherwise administering the provisions of this Chapter. 4 304 ME Sent By: *; + ; Sep-20-00 8:48AM; Page 5 4DRAFTr9-19-2000 V. "Permittee" shall mean the person to whom a permit has been issued pursuant to the Coachella Valley Model Massage Ordinance and the applicants therefor. W. "Person" shall mean any of the following: (a) an individual, (b) a proprietorship, (c) a partnership, (d) a corporation, (e) an association, (f) a limited liability company or (f) any other legal entity. X. "Reception area" shall mean the area of a massage therapy establishment where patrons or other persons enter the business and are greeted and/or received by the operator, personal massage therapist and/or other employee of said business, or otherwise check in for their massage therapy sessions. Y. "Recognized School of Massage" shall mean any school or educational institution licensed or approved by the state in which it is located, whose purpose it is to upgrade the professionalism of massage therapists and which teaches the theory, ethics, practice, profession or worts of massage and which requires a resident course of study before the student shall be furnished with a diploma or a certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning. Schools offering a correspondence course not requiring actual attendance shall not be deemed a recognized school. Z. "Speciged..anatomlcal area" shall mean human genitals, pubic region, anus, or a female breast below a point immediately above the top of the areola. AA. "Specified sexual activities" shall mean any of the following: (a) the fondling or other erotic touching of human genitals, pubic region, anus, or female breasts, (b) sex acts, normal or perverted, actual or simulated, including, but not limited to, intercourse, oral copulation, masturbation, or sodomy, or (c) excretory functions as part of or in connection with the fondling or other erotic touing of human genitals, pubic region, buttocks, anus, or female breasts, sex acts, normal or :Perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy. BB. "Stand-a/ooe massage therapy establishment" shall mean a massage therapy establishment that` is operated as the predominant business activity on the subject premises rather than as an accessory use to a barbershop, beauty salon, hotel or resort, or any other type of business. SECTION IV. MASSAGE THERAPY PERMITS REQUIRED A. Massage Therapy Establishment Permit. (a) No person shall establish, operate, maintain, run, or manage a massage therapy establishment in or upon any premises within the City without first obtaining a valid permit issued by the City pursuant to the provisions of this Chapter. A massage therapy establishment pernit, issued by the jurisdiction within which each such establishment is located, shall be required for each and every site at which a massage therapy establishment is 305 - 005 Sent By: *; + ; Sep-20-00 8:48AM; Page 6 4DRA1- r/9-19-2000 located. Not ins herein is intended to exempt said establishment from any provision of the Zor)ina Ordinance or any other nrovi ion of this Code (b) Exempt Establishment. Provided a valid massage therapist's permit with an off - premises endorsement has been issued by the City and said permit Identifies the permittee as an Exempt Establishment, a massage therapy establishment wholly owned, operated, managed andlor controlled by a single massage therapist, and that has no employees as that term is defined herein, shall be exempt from the requirement of obtaining a Massage Therapy Establishment Permit. An off -premises endorsement and massage therapist permit for an exempt establishment shall be issued by the jurisdiction within which the exempt establishment is located. B. Massage Therapist's Permit. Except as expressly provided in this Chapter, no person shall perform or offer to perform massage therapy at any massage therapy establishment located within the -City unless said massage therapy establishment is designated in a valid massage therapistj's permit issued to him or her pursuant to the provisions of the Coachella Valley Model Massage Ordinance. Except as to a 'therapist doing business as an exempt establishment, a massage therapist permit issued by any jurisdiction that has adopted the Coachella Valley Model Massage Ordinance shall satisfy the requirements of this subsection. A massage therapist permit with off -premises endorsement issued to an exempt establishment shall satisfy the requirements of this subsection only when issued by the jurisdiction within which the establishment is located. C. Off -premise" Endorsement to Massage Therapist's Permit. Except as expressly provided in this Chapter, no person shall perform or offer to perform an off -premises massage unless he or she has a valid massage therapist's permit, with an off -premises endorsement, issued to him or;her pursuant to the provisions of the Coachella Valley Model Massage Ordinance. Except as to a therapist doing business as an exempt establishment, an off - premises endorsement to a massage therapist permit issued by any jurisdiction that has adopted the Coachella Valley Model Massage Ordinance shall satisfy the requirements of this subsection. A massage therapist permit with off -premises endorsement issued to an exempt establishment shall satisfy the requirements of this subsection only when issued by the jurisdiction within which the establishment is located. Nothing herein shall exempt a person from zoning requirements set out elsewhere in this Code on in the Zoning_ Ordinance. and every person shalj comply with all such zoning Eaguirements. D. Unless specifically exempted by state law, the fact that a person possesses other types of permits and/or:ticenses does not exempt him or her from the requirement of obtaining a permit that is required by this Chapter. The permit requirements of this Chapter shall be in addition to the requirement of a business license set out elsewhere in this Code, as well as any other license, permit or fee required by -any local, county, state or federal law. 79ECTION V. CONSENT By applying for a permit under the Coachella Valley Model Massage Ordinance, the applicant shall be deemed to have consented to the provisions of this Chapter and to the exercise 306 006 Sent By: �; + ; Sep-20-00 8:49AM; Page 7 4DRAFT/9-19-2000 thereunder by the, City's officials, representatives and employees charged with implementing and/or enforcing the provisions set forth in this Chapter. SECTION A CERTIFICATE OF OCCUPANCY No certificate of occupancy shall be issued for any newly constructed structure or substantial enlargement of a structure that will contain a massage therapy establishment until a massage therapy establishment permit has been validly issued by the City for the subject premises pursuant to this Chapter. SECTION VII. BUSINESS LICENSE No business license shall be issued to any person for any massage therapy business to be conducted within the City unless such person has first obtained (a) from the City a validly issued massage therapy establishment permit or off -premises endorsement identifying the business as an exempt establishment or (b) a massage therapy permit with off -premises endorsement issued by any jurisdiction that has adopted the Coachella Valley Model Massage Ordinance. SECTION Vpl. PERMIT ADMINISTRATOR'S RESPONSIBILITIES The City Manager "shall designate a Permit Administrator who shall be responsible for granting or denying all permits described in this Chapter and said permits shall only be granted or denied pursuant to the provisions described herein and all other applicable laws. If no designation is made pursuant to this provision, the City Manager shall be deemed the Permit Administrator. SECTION IX. MASSAGE THERAPY ESTABLISHMENT PERMIT APPLICATION A. An application for a massage therapy establishment permit shall be made, under oath, on the form set out at Appendix A. B. The following information and the following documents, as to each applicant as that tern is Defined above, must be submitted with all applications for massage therapy establishment permits: (a) If the subject massage therapy establishment business is or will be operated by: An individual doing business as a sole proprietorship, the applicant shall provide said individual's legal name, and any aliases; ii. A partnership, the applicant shall provide the complete name of the partnership, and the legal names of all the general partners, as well as any aliases; or A corporation, limited liability company or any other form of legal entity, 7 307 ,� 00 Sent By: *; + ; 8ep-20-00 8:49AM; Page 8126 4DRAFT/9-19-2000 the applicant shall provide the complete name of the entity as set forth in its organizing documents, as well as the legal names, any aliases, and the capacity of all officers, directors, and/or members. (b) The permanent address, if different than the address of the massage therapy establishment, and telephone number of the applicant(s), including manager(s); (c) The height, weight, color of eyes, color of hair and date of birth of the applicant(s); (d) Recent front -face portrait photographs, at least two inches by two inches, of the applicant(s); (e) Driver's license number or identification number of the applicant(s); (f) A complete set of fingerprints of the applicant(s) taken by the city police department or other law enforcement agency within the previous sixty (60) days and approved by the police chief; (g) The social security number and/or state or federally issued tax identification number of the appCcant(s); (h) The proposed business name of the massage therapy establishment; (i) The location of the proposed massage therapy establishment, including a legal description of the. property, street address, and telephone number(s) currently in service. Additionally, the applicant(s) shall provide the following: i. Proof of legal title; or ii. Proof of a possessory or leasehold interest, together with the name, permanent address and telephone number of the owner and a certified statement from same authorizing the proposed use of the premises as a massage therapy establishment. 0) One of the following: i A statement that only off -premises_ massage therapy will be performed or offered: or ii. A sketch or diagram showing the configuration of the premises of the massage therapy establishment, drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches, including a statement of total floor space occupied by the massage therapy establishment. (k) The days of the week and hours when the establishment will be open for business; s 308 008 Sent By: *; + ; Sep-20-00 8:50AM; Page 9/26 4DRAFT/9-19-2000 (1) A fee schedule for all massage therapy services to be offered; (m) The name and address of each individual who will perform or offer to perform massage therapy.,services on the premises, together with proof that each holds a valid massage therapist's permit issued by this or any other jurisdiction pursuant to the Coachella Valley Model Massage Ordinance; (n) The name and address of each individual who will perform or offer to perform massage therapy services off -premises, together with proof that each holds a valid massage therapist's permit with an off -premises endorsement issued by this or any other jurisdiction pursuant to the Coachella Valley Model Massage Ordinance; (o) A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant(s); (p) The residential and business addresses of the applicant(s) for the five years prior to the date of the application and the dates of occupancy at each such address; (q) The names, addresses and descriptions of all current and former businesses owned, operated or managed by the applicant(s) for the five years prior to the date of the application and the dates each owned, operated or managed such business; (r) The name and address of any other massage therapy establishment owned, managed or operated by the applicant(s); (s) Whether or not the applicant(s) has or have been convicted of a crime, excluding traffic violations, the nature of each such offense, the date(s) of conviction, place(s) convicted, and the sentence(s) received therefor; (t) Whether or not the applicant(s) has or have ever been convicted of any disqualifying conduct; (u) Whether or not the applicant(s) is or are required to register as a sex offender as set forth in Califomia Penal Code Section 290; (v) Whether the applicant(s) has or have ever had a permit, license or other authorization for a massage therapy establishment or massage therapy services denied, suspended or revoked by any entity. If any such denial, suspension or revocation occurred, the name and location or address of the massage therapist or establishment for which the license or permit was denied, suspended or revoked, the date of the denial, suspension or revocation, and the reason or reasons for the denial, suspension or revocation; (w) Whether or not the applicant(s) has or have ever been a sole proprietor, general partner, officer, director, member or manager of any massage therapy establishment that has had a previous permit, license or other authorization for a massage therapy establishment or 309 D 0 1% sent By: *; + ; Sep-20-00 8:50AM; Page 10/26 4DRAFT/9-19-2000 massage therapy services denied, suspended or revoked by any entity. If any such denial, suspension or revocation occurred, the name and location or address of the massage therapist or business for which the permit was denied, suspended or revoked, the date of the denial, suspension or revocation, and the reason(s) for the denial, suspension or revocation; and (x) Whether or not the applicant(s) is or are each at least eighteen years old; (y) A statement that the information and documents required herein have been provided for each applicant as that term is defined herein above to include every officer. director manager, general- partner, limited partner member and other individual with ownership management or control of the entity seeking the massage therapy establishment permit Said statement shall list each such individual and his or her title and shall s e�lly identify each person that is or will be responsible for the ma aaement and supervision of the �:m, rFrr:MM C. The applicant(s) shall provide the City with the authorization to conduct the necessary background investigations to determine the truthfulness and correctness of the information provided by applicant(s) and to determine whether applicant(s) is or are qualified pursuant to this Chapter to receive the requested massage therapy establishment permit. D. The applicant(s) shall date and sign the application with a declaration under penalty of perjury that the information contained in the application is true and correct. E. The applicant(s) shall pay a nonrefundable application deposit fee of five hundred dollars ($500.00) cit the time of filing an application pursuant to this Chapter to defray the costs of administering this Chapter. The fee set forth in this section shall be in effect until the City Council shall, by resolution, fix some other rate based upon a cost factor. SECTION X. MASSAGE THERAPIST PERMIT APPLICATION A. An application for a personal massage therapist permit shall be made, under oath, on the form set out at Appendix B. A. The following information and the following documents must be submitted with all applications for massage therapist permits: (a) The applicant's legal name, any aliases and date of birth; (b) One of the following: L A statement that the applicant seeks designation as an exempt establishment in a supplemental application for an off -premises endorsement; or ii. A certified letter of intent to employ from the permittee of each massage therapy establishment employer or prospective massage therapy establishment employer. 10 310 010 Sent By: *; + ; Sep-20-00 8:51AM; Page 11/26 4DRAFF/9-19-2000 Each such letter shall verify that the massage therapy establishment permittee has reviewed the applicant's qualifications and that the applicant has met the requirements necessary to perform massage therapy at that facility; (c) The applicant's home and business addresses, corresponding telephone numbers, and permanent address and telephone number, if different; (d) Written evidence that the applicant is at least eighteen years of age; (e) The previous home addresses of applicant for the ten years prior to the filing date of the application and the dates of residency at each such address; (f) The names, addresses and descriptions of all current and former businesses owned, operated or managed by applicant for the ten years prior to the filing date of the application and the dates applicant owned, operated or managed such business; (g) Employment history for the ten years prior to the date of application, and all massage or similar business history and experience; (h) Two front -face portrait photographs taken within thirty days of the date of application, at least two inches by two inches in size; (i) Applicant's weight, height, color of hair and eyes, and sex; 0) The applicant's driver's license number or identification number; (k) The applicant's fingerprints taken by the city police department or other law enforcement agency within the previous sixty (60) days and approved by the police chief; (1) The applicant's social security number and/or state or federally issued tax Identification number; • ♦ • •its- :�_ : • • - :• 0 _ M. Mk,-• •• • Oil Sent By: *; + ; Sep-20-00 8:51AM; Page 12/26 4DxAr r/9-19-2000 hours of massage ther=y—training. If the application is submiUOAL concurrently with an nglication for an off -premises endorsement, the minimum hours of training shall be as set put below for an off -premises a orsement application: (n) A certified statement from a physician licensed to practice medicine in the United States that provides that the applicant has, within sixty days prior to the filing date of the application, been examined by said physician and it has been determined that the applicant is free of any communicable disease as defined in this Chapter; (o) A list of all of applicant's convictions, excluding traffic violations; (p) Whether or not the applicant has ever been convicted of any disqualifying conduct; (q) Whether or not the applicant is required to register as a sex offender pursuant to the California Penal Code Section 290; (r) Whether or not applicant has had a previous permit, license or other authority for massage services denied, suspended or revoked by any entity. If so, the date, location and reasons for the denial, suspension or revocation; and (s) Whether or not the applicant has been a sole proprietor, general partner, officer, director, member or employee of any massage therapy business that has had a permit, license or authority to operate a massage business denied, suspended or revoked by any entity. If so, the applicant shall provide the name and location of the massage therapy establishment or business for which the permit was denied, suspended or revoked, the date of the denial, suspension or revocation, and the reason(s) for the denial; suspension or revocation. C. The applicant shall provide the City with the authorization to conduct the necessary background investigations to determine the truthfulness and correctness of the information provided by applicant and whether the applicant is qualified pursuant to this Chapter to receive the requested massage therapist permit. D. The applicant shall date and sign the application and declare under penalty of perjury that the information contained in the application is true and correct. E: The applicant shall pay a nonrefundable application deposit fee of two hundred dollars ($200.00) at the time of filing an application to defray the costs of administering this Chapter. The fees set forth in this Chapter shall be in effect until the City Council shall, by resolution, fix some other rate based upon a cost factor. SECTION XI SUPPLEMENTAL APPLICATION FOR OFF-PREMISCS ENDORSEMENT A. An application for an off -premises endorsement to a massage therapist permit shall -be made on a form attached as Appendix C. 12 31 .. 012 Sent By: *; + ; Sep-20-00 8:52AM; Page 13/26 4DRAFT/9-19-2000 D. The following information and the following documents shall be submitted with all applications for an off -premises endorsement: (a) The applicant's legal name; (b) A copy of applicant's massage therapist permit, if application therefor is not submitted concurrently; (c) A copy of applicant's massage therapy establishment permit, if application therefor is not submitted concurrently, identifying the existing or proposed business location from which applicant intends to operate. If applicant does not have or seek a massage therapy establishment permit or exemption therefrom, applicant shall submit a certified letter of intent to employ from the permittee of each massage therapy establishment employer or prospective massage therapy establishment employer. Each such letter shall verify that the massage therapy establishment permittee has reviewed the applicant's qualifications and that the applicant has met the requirements necessary to perform off -premises massage therapy for that establishment: (d) FTRF "11 :1,47-9 0=0 fill -nil 0 UWAJl •G .14-1 -• • • •MIC-111111112 M.T. • • -• _ • • •• • •• • Massage shall reguire both of the follQwina: U:' •" -1i b. Certified transcript from a Recognized School of Massage verifying applicant has suMs fully completed a course of study reauirina at least five hundred (.� hours of massage therapy training. C. If applicant seeks a notation as an exempt establishment, the following additional information and documents shall be submitted with the application for an off -premises endorsement: (a) A statement that the applicant operates a massage therapy business that is wholly owned, operated, managed and controlled by the applicant, and that other than applicant said business has no employees, as that term is defined above; (b) if different than the applicant's legal name, the proposed business name of the massage therapy business; (c) The fixed location from which applicant operates the business, including a legal 13 313 013 Sent By: *; + ; Sep-20-00 8:53AM1; Page 14/26 4DRAF /9-19-2000 description of the property, street address, and telephone number(s) currently in service. Additionally, the applicant(s) shall provide the following: Proof of legal title; or ii. Proof of a possessory or leasehold interest, together with the name, permanent address and telephone number of the owner and a certified statement from same authorizing the proposed use of the premises as a massage therapy establishment; (d) One of the following: i. A statement that the business shall provide and(or offer only off -promises massage and that no massage theraov sh II be performed or offered within the aremises: or ii. A sketch or diagram showing the configuration of the premises of the massage therapy establishment, drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches, including a statement of total floor space occupied by the massage therapy establishment; (e) The days of the week and hours when massage therapy will be performed or offered; (f) A fee schedule for all massage therapy services to be offered; (g) A description of any other business to be operated on the same premises as the massage therapy establishment or on adjoining premises owned or controlled by the applicant; and (h) The name and address of any other massage therapy establishment owned, managed or operated by the applicant. D. The applicant shall provide the City with the authorization to conduct the necessary background investigations to determine the truthfulness and correctness of the information provided by applicant and whether the applicant is qualified pursuant to this Chapter to receive the requested off -premises endorsement. E. The applicant shall date and sign the application, declaring under penalty of perjury that the information contained in the application is true and correct. F. The applicant shall pay a nonrefundable application deposit fee of ($190.00) fifty dollars ($50.0.0) at the time of filing an application for an off -premises endorsement to defray the cost of administering this Chapter, which fee shall be in addition to any other permit application fees. The fees set forth in this Chapter shall be in effect until the City Council shall, by resolution, fix some other rate based upon a cost factor. SECTION XII. PROCESSING THE APPLICATION 314 14 014 Sent, By: *; + ; Sep-20-00 8:53AM; Page 15/26 4DRAFT19-19-2000 A. All applications shall be submitted to the Permit Administrator. B. Upon receipt of an application and payment of the nonrefundable application deposit fee, the City shall immediately stamp the application as received on that date. Within 30 days thereafter, the Permit Administrator shall notify the applicant if the application is deemed incomplete. Any subsequent submission shall be deemed a new application. C. Upon receipt of a completed application, the Permit Administrator shall cause an investigation to be made by the appropriate city departments as determined by the Permit Administrator to be necessary for review and investigation of the accuracy of the information contained in the application and compliance with all applicable regulations. D. Each department or division to which the application is submitted by the Permit Administrator shall respond in writing to the Permit Administrator. E. The Permit. Ad min istrator shall grant or deny an application within 60 business days of receipt of a complete application. SECTION _ Ill. GROUNDS FOR DENIAL OF APPLICATION A. An application for a massage therapy permit shall be denied if the Permit Administrator finds any of the following: zoning laws or the provisions of this ChapAer; (b) As to an application for a massage therapy establishment permit, the configuration and/or proposed or actual construction of the premises, as set out in the sketch or plan submitted with the application, reveals a violation of an applicable health, fire, building, safety or zoning regulation or law of the federal, state or local government, including those set forth in this Chapter; (c) The applicant is not eighteen years of age or older; (d) The application contains false information; (e) As to an application for a massage therapist permit or off -premises endorsement, the applicant did not submit proof of one of the following: L A diploma or a certificate of graduation or equivalent documentation from a Recognized School of Massage that verifies that he or she has obtained the requisite number of hours of massage therapy training; or Therapeutic massage and bodywork credentials issued by the National is 315 015 Sent By: *; + Sep-20-00 8:54AM; Page 16126 4DRAFT/9-19-2000 Certification Board for Therapeutic Massage and Bodywork. (0 The applicant was convicted of disqualifying conduct; (g) The applicant is required by the California Penal Code to register as a sex offender; (h) The applicant has had a massage therapy establishment or massage therapist permit denied, revoked or suspended by any entity within five years prior to the date of the application; (i) In the case of an application for an establishment permit, all individuals with ownership, management or control of the establishment have not been identified or the requisite information, documents and signatures for each applicant, as defined herein, have not been provided; or 0) The application is incomplete or any required information or document has not been provided with the application. B. If the Permit Administrator denies the application, he or she shall notify the applicant of the denial in writing and state the reason(s) for the denial. C. Any subsequent information submitted to cure the grounds of a denied application shall be treated as a new application. SECTION XIV. ISSUANCE OF PERMIT A. The Permit Administrator shall issue the permit if there are no grounds to deny the permit as set forth in this Chapter. B. Except as to therapists with an off -premises endorsement, the operator of a massage the operators res risibility to update said application. by written notice to the jurisdiction that Issued the establishment permit. as necessary to at all times accurately reflect all massage therapists employed by the operator. C. The massage theraot�st permit shall identify every massage therapy establishment at which the permittee shall perform or offer to perform massage therapy services: the massage therapist germittee shall not gerform or offer to perform massage therapy services at any other site unless the massage therapist permit includes an off -premises endorsement SECTION XV. TEMPORARY PERMITS A. Upon a finding of good cause therefor, the Permit Administrator may issue a temporary permit to any person who possess a valid permit issued by any other governmental entity 16 316 016 Sent By: *; + ; Sep-20-00 8:54AM; Page 17/26 4DRAFT/9-19-2000 pursuant to requirements that are similar to those set out in this Chapter, including the training, physical clearance, fingerprinting and background investigation requirements. B. Application for a temporary permit shall be made by written request that includes a statement, under penalty of perjury, of the justification for a temporary permit. Said request shall be submitted to the Permit Administrator, together with the following: (a) A certified copy of a valid permit issued by any other jurisdiction; (b) A certified copy of the provisions of the ordinance or other local law pursuant to which the permit was issued by said other jurisdiction; (c) Proof of identification; and (d) A nonrefundable application deposit of twenty-five dollars ($25.00). C. All temporary permits shall automatically expire 30 days after the date of issuance of the subject temporary permit. The Permit Administrator shall have the discretion to extend the term of any temporary permit an additional thirty (30) days provided that the entire term of the subject temporary permit does not exceed a total period of ninety (90) days. D. The Permit Administrator may condition the issuance of a temporary permit on any additional requirements that he or she deems necessary to assure the purpose and policy of this Chapter is met. • A - ► Is] 0 IT, UtWii A. During the effective duration of the permit, the permittee shall promptly update, correct or supplement the information contained in the application therefor on file with the City when necessary to keep the information contained therein current and accurate. B. Where reference is made herein to any statute or other law, said reference shall include any subsequent amendment or superseding provision thereto. SECTION XVII RENEWAL OF PERMIT A. All permits shall expire one year from the date they are issued, except that an off - premises endorsement shall expire concurrently with the corresponding massage therapist permit. B. Applications for renewal of a permit shall be made 60 days prior to the expiration date of the permit in accordance with the applicable application procedures set forth in this Chapter. C. The applicant shall pay a nonrefundable renewal application deposit fee of one hundred dollars ($100.00) at the time of filing a renewal application to help defray the expense of 17 317 017 Sent By: *; + Sep-20-00 8:55AM; Page 18/26 4DRAFTl9-19-2000 administering this Chapter. SECTIO XVIIt MASSAGE THERAPY ESTABILISHMENM INSPECTIONS Representatives of the City may inspect the premises of a massage therapy establishment for the purposes of insuring compliance with the law at any time said establishment is occupied or open for business. SECTION XIX MASSAGE THERAPY ESTABLISHMENT OPERATING REQUIREMENTS All massage therapy establishments at which any massage therapy services are performed or offered shall comply with all of the following operating requirements: A. Therapists. Only those therapists that hold a massage therapy permit that specifies the subject establishment as an employer, or a therapist with an off -premises endorsement to his or her permit, shall perform or offer to perform massage therapy services at the subject establishment. B. Exterior Lighting. All off-street parking locations entrances and exits provided for or belonging to the massage therapy establishment shall be illuminated from dusk to closing hours with a lighting system that provides an average maintained horizontal illumination of one foot candle of lightonthe parking surface and walkways. C. Exterior Signage. A recognizable and readable sign that complies with all sign regulations of the City shall be posted at the main entrance of the massage therapy establishment identifying the name of the massage therapy establishment and its hours of operation. D. Exterior Views. All building openings, entries, windows, etc., of a massage therapy establishment shall be located, covered or screened in such a manner as to prevent a view from the exterior of the building into dressing rooms, massage therapy rooms, restrooms, and other areas where 'patrons of the business may not be fully clothed. E. Posting Requirements. The massage therapy establishment permit, a copy of the permit of each massage therapist employee, together with a description of the services available in readily understandable language, and the cost of such services shall be posted in a conspicuous place on the premises within the reception area of the massage therapy establishment. F. Reception Area Lighting. At least one (1) artificial light providing a lighting intensity of not less than thirty (30) foot candle power at floor level shall be installed in the reception area. G. Therapy Room Lighting. At least one (1) artificial light providing a lighting intensity of not less than twenty (20) foot candle power at floor level shall be installed in each massage therapy room. H. Therapy Room Doors. There shall be no locks on any massage therapy room or any 318 is Sent, By: *; + ; Sep-20-00 8:55AM; Page 19/26 4DRAFT/9-19-2000 other device that impedes or obstructs access to the massage therapy room. I. Privacy Walls. There shall be walls installed between each massage therapy room and such walls shall contain no openings other than doors between adjacent rooms. J. Single Use. Only one patron shall be permitted in a room containing a shower stall, bath stall or toilet facility at any one time unless otherwise permitted by any applicable local, state, or federal law or regulation or accompanied by a massage therapist for massage therapy purposes. K. Bathroom Doors. Each room containing a shower, bath and/or toilet shall have a door that is self closing and locking. L. Bathroom Lighting. An artificial light providing a lighting intensity of not less than thirty (30) foot candle power at floor level shall be installed in any room containing a shower, bath and/or toilet. M. Sanitary Surfaces. All walls, ceilings, floors, showers, bathtubs, water basins, toilets, and all other facilities must be maintained in good repair and in a clean and sanitary condition. N Instrument Stehlizgtion All non -disposable instruments and materials shall be disinfected and/or sanitized after each se on each patron- The premises of the masgaagi therapy establishment shall have adMate equipment for disinfecting and/or sanitizing non - disposable instruments and materials used in administering massages. O. Sanitary Facilities. All showers, bathtubs, water basins, and toilets shall be thoroughly cleaned at least once each day the massage therapy establishment is in operation. Additionally, bathtubs shall be thoroughly cleaned after each use. P. Trash Receptacles. A trash receptacle shall be provided in each massage therapy room and any room containing a shower, bathtub, water basin and/or toilet. !! _ - •. 1• • • • • •• .• • - • •.• disRensers; shall b6 available to patrons. R. Closed Storage. Separate closed cabinets or containers shall be provided for the storage of clean and soiled towels, sheets and linens, and such cabinets or containers shall be plainly marked "clean linen" and "soiled linen." S. Loudspeakers and Sound Equipment. Loudspeakers or sound equipment shall not be used by a massage therapy establishment for amplification of sound to a level discernible by the public beyond the walls of the premises within which the use Is conducted. SECTION XX. ADDITIONAL OPERATION RE UIREMENT$ All permittees shall comply with the following requirements whether or not the massage 19 319 019 Sent. By: *; + Sep-20-00 6:56AM; Page 20/26 4DRAFT/9-19-2000 therapy services are performed off -premises or at a massage therapy establishment: A. Linens. All patrons shall be provided clean and sanitary towels, sheets and linens. B. Laundry. Towels, sheets and linens shall be provided in sufficient quantity and shall not be used by more than one (1) person unless such towels, sheets and linens have been relaundered. C. Table Pads. Massage table cover pads that come into contact with the body of a patron shall be clean. D. Deceptive Information. No permittee shall place, publish or distribute, or cause or allow to be placed, published or distributed, any advertisement, picture or statement which is known, or through the exercise of reasonable care should be known, to be false, deceptive or misleading in order to induce any person to purchase or utilize any massage therapy service. No massage therapy services shall be provided, whether or not at a massage therapy establishment or off -premises, between the hours of 12:00 midnight and 6:30 a.m. No patron shall be permitted on the premises of a massage therapy establishment during said period of time. AECTION XXII, THERAP161-3 DR SS AND IDENTIFICATION A. During all times that he or she is performing or offering to perform massage therapy services, every massage therapist shall wear p badge that identifies his or her first ps last name. Upon receipt of a request or complaint by a patron, the massage therapist shall advise the patron of the full name of the business as shown on the massage therapy establishment permit or exempt establishment off -premises endorsement, and the issuing jurisdiction, pursuant to which said massage therapy service was offered. B. All massage therapists shall have in their possession a valid permit issued pursuant to the Coachella Valley Model Massage Ordinance as well as valid identification at all times that he or she is performing or offering to perform massage therapy services. C. All massage therapists shall wear non -transparent outer garments covering all specified anatomical areas while performing or offering to perform any massage therapy services. SECTION XXIll. OTHER PROHIBITED .ACTIVITIES A. It is unlawful for any massage therapist, any patron, or any other person present where massage therapy services are being offered or performed, to expose or touch any specified anatomical areas, whether his or her own, or those of another person. B. It is unlawful for any massage therapist, any patron, or any other person present where 20 320 010 Sent By: *; + ; Sep-20-00 8:56AM; Page 21/26 4URAFT/9-19-2000 massage therapy services are being offered or performed, to be in a state of full nudity or semi -nudity. C. It is unlawful for any massage therapist, any patron, or any other person present where massage therapy services are being offered or performed, to engage in any specified sexual activities. D. No. person shall provide or offer to provide any massage therapy services to a minor unless written permission is provided by the minors parent or legal guardian. E_ It shall be unlawful for any person to charge any amount for any massage therapy service that is not posted on the list of services and charges. F. No permittee shall employ any person under eighteen (18) years of age. G. No permittee shall provide or offer to provide massage therapy services under any business name not specified in the qualifying permit. H. No permittee shall provide or offer any alcoholic beverage to a patron during the course of providing or offering to provide any massage therapy service. I. No permittee shall transfer or assign any permit issued pursuant to this Chapter to another person, entity, or to any location or address not specified in the subject permit. Any attempted transfer or relocation shall result in the automatic termination of said permit. SECTION XXIV. NON-CONFOR ING USES AND PERMITS A. A massage therapy establishment that was lawfully operating on the date that this ordinance became effective pursuant to a permit therefor issued by the City, but which is rendered unlawful by the adoption of this Chapter, shall be deemed a legal nonconforming use and will be allowed to continue operation, subject to all other provisions of this Chapter and applicable law, and provided said operation was in compliance with all limitations and requirements of its original permit, and provided further than there is no expansion of massage services beyond those specified in the original approval or any cessation of continued operation as a massage therapy establishment for more than ninety days. B. Within ninety days of the effective date of this ordinance, the interior configuration and operations of any massage therapy establishment rendered legal nonconforming by the adoption of this ordinance shall be brought into compliance with all provisions herein. C. Except with respect to training requirements, all massage therapists holding a valid massage therapy permit issued by the City prior to the effective date of this ordinance shall come into compliance with all provisions of this ordinance within 30 days of the effective date hereof. Provided the massage therapist held a permit validly issued by the City prior to the effective date of this ordinance, and was in compliance with all requirements of the City with respect thereto, said permit holders shall have one year from the effective date hereof to 3021 021 Sent By: *; + ; Sep-20-00 8:57AM; Page 22/26 4DRAF'T/9-19-2000 complete any further training requirements mandated by this Chapter. SECTION XXV, SOU§PEN ION AND REVOCATION OF PERMIT A massage permit issued pursuant to the Coachella Valley Model Massage Ordinance shall be subject to suspension or revocation by the Permit Administrator if he or she finds and determines any one of the following: A. The massage therapy business or service is conducted, or the premises utilized for the business or service are maintained, in a manner that does not comply with all applicable laws, including but not limited to this Chapter and the City's building, zoning and health regulations. B. The holder of the permit, including all applicants therefor, or any employee thereof, is convicted of any disqualifying conduct or is required to register as a sex offender as set forth in California Penal Code Section 290; C. The permittee fails to notify the Permit Administrator of any update to the information contained in the application that is required to keep the information current; D. A statement from the owner of the premises is received by the City indicating that the permittee is not authorized to operate, run or manage a massage therapy establishment on the subject premises; E. The actual physical configuration of the premises does not conform with the sketch or diagram submitted with the approved application; F. It is discovered by the Permit Administrator that any information contained in the approved application is inaccurate; G. Any patron of the permittee contracts a communicable disease such as tuberculosis or any sexually transmitted disease during the course of any services offered by the permittee; H. The holder of the permit, or any applicant therefor, refuses to allow representatives of the City to inspect the records, pa#en FegiMFONOA logs, or any premises utilized for massage therapy services; The permittee fails to comply with any of the provisions of this Chapter; or J. The holder of the permit, or the applicants therefor, has ceased to meet any of the requirements for issuance of the permit. K. Action taken by any other jurisdiction pursuant to the Coachella Valley Model Massage Ordinance shall be given full force and effect in this jurisdiction in the same manner as if the action had been taken within this jurisdiction. 22 322 022 Sent By: *; + Sep-20-00 8:57AM; Page 23/26 4DRAFT/9-19-2000 A. Any person aggrieved by a decision of the Permit Administrator may file an appeal to the City Council that conforms to the following requirements: (a) All appeals shall be in writing and shall contain the following information: (a) name(s) of the person filing the appeal ("appellants"), (b) a brief statement in ordinary and concise language of the grounds for the appeal; and (c) the signatures of all parties named as appellants and their mailing addresses. (b) A filing fee for an appeal as established from time to time by City Council resolution must be paid to the City at or prior to the time of the filing of the appeal. (c) Any appeal filed that fails to provide all of the information required by this Section and the appropriate filing fee shall be deemed incomplete. (d) A complete and proper appeal of the denial of a permit application shall be filed with the City Clerk within ten (10) calendar days of service of the letter denying the application. B. After receiving the written appeal, the City Clerk shall schedule a public hearing before the City Council at the next regularly scheduled City Council meeting for which there is sufficient time to have the matter properly noticed. C. The decision of the City Council shall be final. SECTION XXVII. OTHER REMEDIES A Any violation of the rp ovisions of this Chapter is unlawful and a public nuisance subiect to abatement.,removal or enioinment thereof in the manner_ provided by law. B. Any violation of the provisions of this Chapter shall constitute an infraction violation and the violator shall be subject to the imposition of criminal penalties and civil fines. For each separate violation of any provision of this Chapter, the person convicted of such infraction shall be subject to the following fines for each separate violation: (a) a fine in an amount not to exceed two hundred fifty dollars ($250.00) for a first conviction of an offense; (b) a fine in an amount not to exceed five hundred dollars ($500.00) for a second conviction of the same offense within a twelve (12) month period from the date of the first offense; and (c) a fine in an amount not to exceed seven hundred fifty dollars ($750.00) for a third conviction of the same offense within a twelve (12) month period from the date of the first offense. The fine for a fourth and subsequent convictions of the same offense within a twelve (12) month period of the date from the first offense shall be one thousand dollars ($1,000.00). C. In lieu of issuing an infraction citation, the City may issue an administrative citation, and/or assess an administrative fine consistent with the infraction civil fines set out above, pursuant to any other ordinance within its municipal code. D. Nothing in this section shall preclude the City from issuing an infraction or misdemeanor 23 321 023 Sent, By: *; + ; Sep-20-00 8:58AM; Page 24/26 4DRAF'r/9-19-2000 citation upon the occurrence of the same subject offense on a separate day. E. The remedies provided herein are not to be construed as exclusive remedies and, in the event of violation, the city may pursue any proceedings or remedies otherwise provided by law. SECTION XXVIII. EXEMPTIONS The provisions of this Chapter shall not apply to any of the following; A. Any physician, surgeon, chiropractor, osteopath, or acupuncturist duly licensed to practice their respective professions in the state of California, or any nurse or physical therapist working under the supervision thereof, when engaging in any massage therapy practice or activity within the scope of said license. Practical nurses or other persons without qualifications as massage therapists or other persons not duly licensed by the state of California to practice pursuant to the Medical Practice Act, whether or not employed by a physician, surgeon, chiropractor, osteopath, or acupuncturist, may not perform or offer to perform massage therapy without first obtaining a massage therapist permit pursuant to the provisions of the Coachella Valley Model Massage Ordinance. B. Any treatment administered in good faith in any court of the practice of any healing art or profession by any person licensed to practice any such art or profession under the Business and Professions Code of the state of California or any other laws of the state of California. C. Barbers, beauticians, manicurists, and pedicurists who are duly licensed under the laws of the state of California without qualifications as a massage therapists, except that this exemption shall apply solely to the massaging of the scalp, face, neck, arms, hands, or feet of the customer or client for cosmetic or beautifying purposes. D. Massage or massage therapy procedures as provided by or in connection with a physician, surgeon, chiropractor, osteopath or healing art office shall be ancillary to and a part of a physician, surgeon, chiropractor, osteopath or healing art office. The massage portion of the use shall be a minor use and the physician, surgeon, chiropractor, osteopath or healing art office use shall be the major use, with the massage portion of the use not occupying a significant or substantial portion of the business. The requirements of this Chapter shall not apply to this minor, ancillary use. AUTHOR'S NOTE: FEEDBACK NEEDED FROM CITY ATTYS AS TO WHETHER STATE LICENSING LAW PREEMPTS ATTEMPT TO LIMIT SCOPE OF STATE LICENSED PRACTIONER'S ACTIVITIES AT SUBSECTION D. OF THIS SECTION AND WHETHER A AND D ARE CONTRADICTORY. SECTION XXIX. TRANSFER OF PERMIT No message they§giist permil. Qff--premises endorsement or establishment exemption shall be transferable and any attempted transfer shall render the permit null and void Except in the subiect massage therapy establishment except with the 2rior written consent of the Permit 24 324 024 Sent, By: *; + ; Sep-20-00 8:58AM; Page 25/26 4DRAFT/9.19-2000 Administrator. An aogalication for such transfer shall be in writing and shall reguire the same information, dogAments and fees is required for an initial application_ for such agrmit. In the casg of the death or ingMcgy of f the 2ermittge of a massage therapy establishment permit the heir or devisee of a dgceased.germittee. or any guardian of the incapacitated permittee or Heir or devisee of a deceased permittee may continue to operate the_massage establishment for a reasonable Qeriod of time not to exceed sixtydays to allow for an orderly transfer of the SECTION XXX. SEVERABILITY If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining section, subsection and clauses shall not be affected thereby. SECTION XXXI. EF.EECI IVE DATE This ordinance shall become effective on the thirtieth day following its adoption. SECTION XXXII. P4 TING The City Clerk shall within 15 days after the passage of this ordinance, cause this ordinance to be posted in at least three (3) public places designated by resolution of the City Council; shall certify to the adoption and posting of this ordinance; and shall cause this ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of this City. The foregoing Ordinance was approved and adopted at a meeting of the City Council held on , 2000 by the following vote: Ayes: Noes: Abstain: Absent: ATTEST: City Clerk APPROVED AS TO FORM: Mayor 25 325 0?7 326 W L 1 Sep 19 2uuu u2 W L C Ar- hitecrsl September 13, 2000 (DRAFT) Fa- : 909--98u-yy80 1(iNV or- 1.-io Larry Wolff, AIA - George M. Wiens, AIA - Robert j. Hensley, AIA - lames P. O+Comilfo, AJA - Robed M. Simons, AIA FACILITY PROGRAM AND CONCEPTUAL DESIGN Coachella Valley Association of Governments Animal Care Campus Project No. 00-216.01 Introduction: ew%Aj tv t&q-T4^— The Coachella Valley Association of Governments (CVAG) is seeking to establish an animal care campus to serve the communities in the Coachella Valley. CVAG's intent is to establish an animal care shelter on a site that is also going to be shared with an animal care facility for the Animal Samaritans of Coachella Valley. This document is expressly for the establishment of a facility program for the CVAG Shelter, conceptual design of both site and building layout, corresponding project cost estimate, and schedule. Although not in specific detail, this document addresses the master planning of the site for the incorporation of the Animal Samaritan Facility to be constructed as a separate project. As the number of residents increases in the Coachella Valley, so correspondingly does the animal population increase in the valley. To establish a facility that is designed to accommodate all of the facilities necessary for citizens of the community, this document describes the building improvements needed for services associated with an animal shelter including temporary habitation, medical treatment, spay/neuter clinic, care and grooming for adoption, and community -wide educational programs. The CVAG established a planning committee (committee members are listed in the appendix) that was responsible for the conceptual ideas and guidance in developing this planning document. Facility Space Program: The CVAG Animal Shelter will include both dog and cat indoor kennels, specialty kennels, veterinarian clinic, adoptions area, grooming and food preparation areas, administrative offices, and staff service areas. The following summary outlines the specific areas in the Shelter that will be developed along with important features of each area that should be addressed. 327 virn;.;o 0— Tn— . 1 CA70 Foothill Boulevard - Rancho Cvcomonao. CoVornio 91730 - 375A - oh: 909 987 0909 Fox: 909 980 9980 026 W L C Fa- : 909-980-9980 Sep 19 2'000 16: 40 F. 03 Facility Program and Conceptual Design Coachella Valley Association of Governments Animal Care Campus Project No. 00-216.01 September 13, 2000 Page 2 Dog Kennels The facility should include 150 indoor dog kennels that are constructed of durable, easily maintainable materials and should be attractive for viewing as a part of the pet adoption process. Each kennel should be approximately 5' wide x 12' long with a guillotine door dividing the kennel in half so that the dog can occupy one half of the kennel while the other half is easily cleaned. The kennel should be constructed of epoxy floor over concrete that slopes to the center drain system for easy kennel wash down. The kennel walls should be stainless steel cages and possibly include concrete block partitions in the lower portion of the kennel. A watering system with an outlet at each dog kennel should be provided. For ease of maintenance, the floors and lower portion of the walls of the circulation areas outside of the dog kennel should also be epoxy surface. There should be an overhead hose reel system for washing down both kennels and surrounding circulation spaces. The upper walls and ceilings in the kennel area should also be a smooth surface for easy cleaning. For sound control, absorptive panels should be mounted on the ceiling to reduce noise to an acceptable level. The kennel area should be divided into two or three rooms so that portions of the space can be closed off for injured and sick dogs, aggressive dogs, and quarantined dogs. Each of these kennel spaces should have its own air circulation system that does not mix air with other portions of the building to limit the spread of infectious contaminants. Cat Kennels The cats in the Shelter should be housed in possibly two or three rooms, sepamte from the dog kennels. Each of the rooms should contain stainless steel cages, possibly rolling cages, stacked two high, elevated off the floor for ease of maintenance and good visibility. Each cat room should include a wall mounted utility sink, epoxy floors with drain, and an overhead hose reel for wash down. Windows should be provided in the interior walls so that visual access into the cages can be taken advantage of by the public in the adoption process. 3?8 027 W L C Fax:909-980-9980 Sep 19 2000 16:40 F.04 Facility Program and Conceptual Desig Coachella Valley Association of Governments Animal. Care Campus Project No. 00-216.01 September 13, 2000 Page 3 Veterinarian Clinic The primary use of the clinic is for spaying and neutering both dogs and cats. It will include exam rooms, surgery preparation area, and surgery rooms. An X-ray room and recovery rooms should also be provided. For the staff and public using the clinic, administrative spaces should be provided and a public lobby and reception area separate from the main Shelter should be developed. Main Pubic Lobby and Administrative Areas The Shelter should present a warm and inviting entrance for the public as well as the animals that are brought into the Shelter through the front door. The entry should be sheltered from elements in terms of wind, sun, and rain, and windows should be provided in the lobby so that it is a light and inviting space. The lobby and reception spacc should include areas for general waiting, a front counter for assistance and services provided by staff, public restrooms, educational information displays, and inviting access to the kennel areas along with conference room and educational spaces. Administrative Spaces and Office Area Administrative areas should be centrally located within the facility to provide both physical and visual access to the entrance and lobby/reception area, along with direct visual access to kennel portions of the facility. Spaces should include an open office administrative area behind the front counter, private offices for senior staff, separate office areas for dispatching, report writing, and supervisors' offices. Open office area should be provided for the kennel lcc:liniclans and staff volunteers. Support spaces should include staff restrooms with lockers and showers, electrical room for both power and voice/data communication systems, staff break room, and storage areas. Kennel Support Area These areas need to include a large food storage room, food preparation roomy animal grooming and cleaning room, euthanasia/freezer/crematory area, and general storage and janitorial spaces. A covered outdoor area should be provided for loading and unloading of animals. The outdoor area should include easy access to the walk-in freezer, wash down and clean up facilities, outdoor storage, and deliveries of food and supplies. 329 MW W L C Fax:909-980-9980 Sep 19 2000 16:41 F.05 Facility Program and Conceptual Design Coachella Valley Association of Governments Animal Care Campus Project No. 00-216.01 September 13, 2000 Page 4 Site Development and Building Exterior Features The site that is to be used to develop the CVAG Animal Shelter along with the master plan for a Good Samaritan Animal Shelter is approximately 10 acres (300 feet long on the street frontage and approximately 1,000 feet deep). This site will essentially be divided down the middle lengthwise so that each facility can be developed separately, but can possibly share common driveways, parking, and outdoor activity and service areas. At least two driveway entrances should be developed at the front of the facility with visitor parking for approximately 30 vehicles. An access/service drive should be developed down the middle of the site that will serve both facilities as well as allow public access to the rear portion of the site for scheduled activities. Staff parking should include a minimum of 24 spaces for vehicular parking, along with an additional 12 spaces for designated service vehicles. An enclosed outdoor service yard should be provided to contain the animal drop off area, outdoor animal runs, and large animal pens, and overnight service vehicle parking. This enclosed service area will allow for a variety of animal support functions and will maintain security for both the animals housed and facility staff and equipment. Portions of this area should be sheltered and enclosed from the elements. Outdoor Activity Areas At the rear portion of the site, large activity spaces can be provided that will include outdoor exercise areas, training and educational programs, and special public events. This portion of the site should be flexible in its designated program use so that a variety of future activities can be accommodated. 330 029 W L C Fax:909-980-9980 Sep 19 2000 16:41 F.Ub Facility Program and Conceptual Design Coachella Valley Association of Governments Animal Care Campus Project No. 00-216.01 September 13, 2000 Page 5 Summary of Programmed Areas The following table indicates the various spaces needed throughout the facility and includes both quantity and size of each space. Building Areas # Spaces SF Each Total Comments Administration Areas Lobby 1 400 400 Includes reception Staff Work Area 1 200 200 Includes office machines Directors Office 1 1 150 150 Kennel Supervisor I 120 120 Next to dog kennels Animal Control Supervisor 1 120 120 Report Writing 1 250 250 Dispatch 1 200 200 Sound isolated room Equipment Storage 1 200 200 Kennel Techs 1 250 250 Next to dog kennels Secured Storage 1 200 200 Next to animal control sup. Office Storage 1 100 100 Public Restrooms 2 ISO 300 Next to public lobby Staff Restrooms/Showers 2 200 400 includes Lockers Staff Break Room 1 200 200 Conference/Education Room I 500 500 Next to public lobby Subtotal Administration 3,590 Circulation at 35% 1,257 Total Administration 4,847 Clinic Areas Clinic Reception/Work Area 1 500 500 Includes reception Exam Room 2 120 240 Office Storage 1 80 80 Surgery Prep Room 1 200 200 Surgery Room 1 200 200 Recovery Room 2 I50 300 Medical Storage Subtotal Clinic Areas 1 1 I50 150 1,670 Circulation at 35% 585 Total Clinic Areas 1 2,255 331 030 W L C Fax':90y-980-9980 zDep 1y 2000 1b:41 P. Ui' Facility Program and Conceptual Design Coachella Valley Association of Governments Animal Care Campus Project No. 00-216.01 September 13, 2000 Page 6 # Spaces SF Each Total Comments Kennel Areas Dog Kennels 150 200 30,000 Puppy Rooms Cat Rooms Get Acquainted. Rooms 2 2 2 400 400 100 800 80o 200 With adjacent outdoor area General Storage Animal Receiving Area 2 I 100 150 200 150 Next to dog kennels Food Storage Food Preparation 1 1 300 120 300 120 Outdoor access Grooming 1 200 200 Laundry 1 100 100 Euthanasia Room Crematorium Freezer I 1 1 200 300 120 200 300 120 Subtotal Kennel Areas 33,490 Circulation at 50% Total Kennel Areas GRAND TOTAL BUILDING AREAS I6,745 50,235 57,336 OUTDOOR AREAS Covered Vehicle Area 1 750 750 Vehicle Parking - Staff 24 400 9,600 Vehicle Parking - Public Vehicle Parking - Trucks 30 12 400 400 12,000 4,800 Large Animal. Pens 8 600 4,800 Dog Exera.i*c Area Large Animal Exercise Area Paved Site Access @ 30% of total Landscaping @ 30% of total 2 1 I 1 2,000 5,000 13,000 13,000 4.000 5,000 13,000 13,000 Building 1 57,336 1 57,336 TOTAL 1 124,286 332 03`' W L C A r c h i t e c t s MFTM Larry Wolff, ALA o George M. Wiens, MA - Robert J. Hensley, ALA - James P. DiCamillo, ALA - Robert M. Simons, ALA Coachella Valley Animal Care Campus The following figure illustrates the functional adjacency requirements of the animal care campus site configuration. While not drawn to scale, the areas are in relative proportion to each other. Staff parking Large animal pens Large animal exercise Dog exercise --+7 Covered area : I Crematory Freezer Receiving Fo, od Storage, ® N m. Food Prep :] M Kennel - Tech. "Y Get acquainted Report writing .room n _ Storage CoN room Dog kennels Get acquainted Dispatch Conference room -1 - Office Stuff Director work �-J Space diagram 333 033 334 0:\2000\00216\1-SO\00216A10.dwg Wed Sep 20 07:51:20 2000 ICI Copyright WLC Architects, Inc. Cn i V/ ill cJ�; W O nr C V O •� •.--� V o r CO 105 113a Oil MT M C 335 336 0:\2000\00216\1-SO\00216A21.dwg Wed Sep 20 07:09:09 2000 (C) Copyright WLC Architects, Inc. Mil 337 Tdi�p 4 4 Q" COUNCIL/RDA MEETING DATE: October 3, 2000 Public Hearing to Certification a Mitigated Negative Declaration of Environmental Impact, Approval of a General Plan Amendment and Zone Change from Tourist Commercial to Low Density Residential, Approval of a Specific Plan Allowing Up to 178 Single Family Detached and Attached Dwellings on 73 Acres, and Approval of a Tentative Tract Map Subdividing 73 Acres into 172 Residential Lots and Miscellaneous Lots for a Project to be Located at the Southwst Corner of Jefferson Street and 50th Avenue. Applicant: RJT Homes, LLC RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: This project was scheduled for review by the Planning Commission on September 26, 2000. Subsequent to the staff report production for the Planning Commission, the Fire Department submitted its requirements regarding street design. The City's Public Works Department staff determined that a meeting with the Fire Department was necessary to resolve conflicting design concepts regarding street width, parking, and turn around opportunities, prior to review by the Planning Commission. At the request of staff and the applicant, the Planning Commission continued this application to their meeting of October 24, 2000. Staff is therefore requesting a continuance of this application to the City Council meeting of November 21, 2000. 338 CAMy Documents\WPDOCS\ccjh-Palmilla.wpd FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Continue the application to the City Council meeting of November 21, 2000; or 2. Provide staff with an alternative direction. Respectfully submitted by, -ry Heiman mmunity Development Director Approved for submission by: Thomas P. Genovese, City Manager 339 492 C:\My Documents\WPDOCS\ccjh-Palmilla.wpd ff�#17 P-A Fri COUNCIL/RDA MEETING DATE: October 3, 2000 Public Hearing to Certify an Addendum to the PGA West EIR for General Plan Amendment 2000-070, Zone Change 2000-095, Specific Plan 83-002 (Amendment #4) and Tentative Tract Map 29878, a Request to 1.) Certify an Addendum to the Previously Certified PGA West Environmental Impact Report; 2.) Amend the General Plan Land Use Element from Community Commercial (CC) to Medium Density Residential (MDR) for a 22 Acre Parcel at the Southeast Corner of Avenue 54 and PGA Boulevard; 3.) Zoning Change Designation of a 22 Acre Property on the Southeast Corner of Avenue 54 and PGA Boulevard from Community Commercial (CC) to Medium Density Residential (RM); 4.) Modify the Development Standards, Design Guidelines and Land Use Alternatives for PGA West; and 5.) Subdivide 22 + Acres into 60 Residential Lots and Miscellaneous Lots on the southeast corner of Avenue 54 and PGA Boulevard Applicant: KSL Land Holdings, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: vZ Adopt a Resolution of the City Council certifying an Addendum to the PGA West EIR (EA 83-009; State Clearinghouse #83062922) for General Plan Amendment 2000- 070, Zone Change 2000-095, Specific Plan 83-002 (Amendment #4), and Tentative Tract Map 29878; and Adopt a Resolution of the City Council approving General Plan Amendment 2000-070 changing the zone designation from Community Commercial to Medium Density Residential on 22 acres at the southeast corner of Avenue 54 and PGA Boulevard; and Move to take up Ordinance No. _ by title and number only and waive further reading for Zone Change 2000-095, changing the zone designation from CC to MDA on 22 acres at the southeast corner of 54th Avenue and PGA Boulevard. Move to introduce Ordinance No. _ on first reading; and 340 ST cc SP002#4 KSL - 43 Greg - Page 1 Adopt a Resolution of the City Council approving PGA West Specific Plan 83-002 (Amendment #4), subject to Findings and Conditions of Approval; and Adopt a Resolution of the City Council approving Tentative Tract Map 29878, subject to Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The PGA West Specific Plan and Environmental Impact Report (State Clearinghouse No. 83062922) were approved by the City Council on May 15, 1984. The 1,665 acre area initially allowed 5,000 single family residences, a 65-acre resort village (400 hotel rooms, 250 apartments/condo cottages and support facilities), and four 18-hole golf courses (Attachment 1). The first amendment, approved by the City Council in 1988 allowed additional hotel rooms not to exceed 1,000 and increased the hotel height from four stories to six stories. A Supplemental Focused Environmental Impact Report (State Clearinghouse #88061302) was processed with the Amendment analyzing traffic and circulation impacts due to the increase of 350 rooms. A second amendment, approved by the City Council in 1989, added 21.5 acres to the Specific Plan. In 1996, the City Council approved an update to the PGA West development standards (Amendment #3) ensuring compliance with the City's General Plan. Site grading for the 22 + acre commercial site at the southeast corner of Avenue 54 and PGA Boulevard was completed approximately 15 years ago during construction of the adjacent off -site street improvements. Tentative Tract Map 29878 is proposed on this vacant property. The Greg Norman Golf Course, located at the northeast corner of Madison Street and Airport Boulevard, provides a sixth golf course for the PGA West community (Specific Plan 90-015). Golf cart access to the Norman Course was approved by the City Council this year and the applicant is currently constructing the tunnel under Madison Street to link the PGA West Resort to the Norman Course. 341 00^ ST cc SP002#4 KSL - 43 Greg - Page 2 Project Request 1. General Plan and Zone Change Amendments - The applicant is requesting to change the zone designation from Community Commercial (CC) to Medium Density Residential (MDR/RM) on the 22 acres at the southeast corner of Avenue 54 and PGA Boulevard. Under the MDR designation, a maximum of eight units per acre is permitted. 2. Specific Plan Amendment - The existing PGA West Specific Plan allows 5,000 dwelling units, 1,000 resort hotel units, and affiliated commercial uses on approximately 1,687 acres based on information contained in Amendment #3. This Amendment request amends the land use designation on 22 acres from Community Commercial to Medium Density Residential in Planning Area #4. The development of this site is discussed in the following pages. The amended Plan provides for a maximum of 3,936 dwelling units, a reduction of 1,064 dwelling units (21 %). The applicant also proposes an update to the Specific Plan development standards (Attachment 2). The revised Specific Plan provides for a variety of dwelling types for Planning Areas #1 and #2, including zero lot line and regular lots for detached, attached, and cluster housing (i.e., townhouses and condominiums). In Planning Area #1, all lots are required to be a minimum of 6,500 square feet with 50 to 55 feet of frontage. Planning Area #4, the new residential district, proposes minimum lot sizes of 5,500 square feet. One directional sign for the Norman Course is proposed (page 2.31 of the Specific Plan) to be located on the west side of Madison Street, north of the Norman Course entrance. 3. Tentative Tract Map - The applicant proposes 60 single family lots and various lettered lots on the 22 acres in Planning Area #4 of SP 83-002 (Amendment #4), a density of approximately 2.8 units/acre excluding public utility lots. Access to the project is proposed on PGA Boulevard with "emergency only" access on Avenue 54 on the east side of the parcel. A private loop street (Lots "A-D") and single cul-de-sac (Lot "E") provide access to the proposed lots ranging in size from 6,250 square feet to 10,932 square feet (7,310 square foot average). Each lot backs up to a four acre manmade lake (Lot "0") in the center of the development (Attachment 3). Guest parking is planned throughout the project on the two-way, 28-foot wide private street as required by Chapter 9.150 of the Zoning Ordinance (i.e., 0.5 parking spaces per dwelling unit). Lot #61 has been set aside for development of a clubhouse for this Tract. Other supplemental lots are provided for a well site (Lot 62) and Verizon (GTE) substation (Lot "U"). 340,21 003 ST cc SP002#4 KSL - 43 Greg - Page 3 The Community Development Department has completed an Addendum to the previously certified PGA West Environmental Impact Report (EA 83-009; State Clearinghouse No. 83062922) pursuant to the Guidelines for Implementation of the California Environmental Quality Act, Section 15164. No changed circumstances or conditions exist which would require the preparation of a subsequent EIR pursuant to Public Resources Code Section 21166. Planning Commission Action The Planning Commission considered these requests at its meeting of September 12, 2000, and by a unanimous vote recommended approval by adoption of Resolutions 2000-061 through 2000-064, subject to Findings and Conditions of Approval. A vote of 4-1 was recorded for Resolution 2000-065, recommending approval of Tentative Tract Map 29878. A copy of the Minutes is attached (Attachment 4). Public Notice This Amendment request was advertised in the Desert Sun newspaper on September 21, 2000, and mailed to all property owners in PGA West and within 500 feet of the of PGA West boundaries. Two opposition letters are attached (Attachment 5A and 5B). Public Agency Review The applicant's request was sent to affected public agencies on August 4, 2000, and any pertinent comments received have been incorporated into the Conditions of Approval. FINDINGS AND ALTERNATIVES: Findings to approve this request can be made for all applications and are contained in the attached Resolutions. Alternatives available to the City Council are: 1. Adopt a Resolution of the City Council certifying an Addendum to the PGA West EIR (EA 83-009; State Clearinghouse #83062922) for General Plan Amendment 2000-070, Zone Change 2000-095, Specific Plan 83-002 (Amendment #4), and Tentative Tract Map 29878; and Adopt a Resolution of the City Council approving General Plan Amendment 2000-070 changing the zone designation from Community Commercial to Medium Density Residential on 22 acres at the southeast corner of Avenue 54 and PGA Boulevard; and 343 LAB ST cc SP002#4 KSL - 43 Greg - Page 4 Move to take up Ordinance No. by title and number only and waive further reading for Zone Change 2000-095, changing the zone designation from CC to MDA on 22 acres at the southeast corner of 54th Avenue and PGA Boulevard. Move to introduce Ordinance No. on first reading; and Adopt a Resolution of the City Council approving Specific Plan 83-002 (Amendment #4), subject to Findings and Conditions of Approval; and Adopt a Resolution of the City Council approving Tentative Tract Map 29878, subject to Findings and Conditions of Approval; or 2. Do not approve the City Council Resolutions and Ordinance for General Plan Amendment 2000-070, Change of Zone 2000-095, Specific Plan Amendment 83-002 (Amendment #4) and Tentative Tract Map 29878; or 3. Continue the request and provide staff with alternative direction. Respectfully submitted, Jery He/man Co munity Development Director Approved for submission b Thomas P. Genovese, City Manager Attachments: 1. 1984 PGA West Land Use Map 2. Location Map/New Land Use Map 3. Tract Map Exhibit 4. Planning Commission Minutes of 9-12-2000 5. Two Letters of Opposition 6. Specific Plan Document dated 9-7-2000 (Council Members only) 7. Large Tract Map Exhibit dated 8-4-2000 (Council Members only) 8. PGA West EIR documents (Council Members only) 00 344 ST cc SP002#4 KSL - 43 Greg - Page 5 RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING AN ADDENDUM TO ENVIRONMENTAL IMPACT REPORT 83-009 PREPARED FOR GENERAL PLAN AMENDMENT 2000-070, SPECIFIC PLAN 83-002 AMENDMENT #4, CHANGE OF ZONE 2000- 095, AND TENTATIVE TRACT MAP 29878 CASE NO: ENVIRONMENTAL IMPACT REPORT 83-009 KSL LAND HOLDINGS, INC. WHEREAS, the City Council of the City of La Quinta, California, did on the 3rd day of October, 2000, hold a duly noticed Public Hearing to consider an Addendum to PGA West Environmental Impact Report (EA 83-009), as prepared for General Plan Amendment 2000-070, Specific Plan 83-002 Amendment #4, Change of Zone 2000-095, and Tentative Tract Map 29878; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 12th day of September, 2000, hold a duly noticed Public Hearing to consider this request and adopted Resolution 2000-061 recommending to the City Council certification of the Addendum; and WHEREAS, said application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Addendum to Environmental Impact Report 83-009 and Supplemental Focused Environmental Impact Report pursuant to CEQA Guidelines 15164; and WHEREAS, the Revised Project does not call for the preparation of a subsequent EIR pursuant to CEQA Guideline 15162 or Public Resources Code Section 21166, in that the Revised Project does not involve: (1) substantial changes to the project analyzed in the EIR and the Supplemental EIR which would involve new significant effects on the environment or substantially increase the severity of previously identified impacts; (2) substantial changes with respect to the circumstances under which the project is being undertaken which would involve new significant effects on the environment not analyzed in the EIR and Supplemental EIR substantially increase the severity of previously identified impacts; or (3) new information of substantial importance which would involve new significant effects on the environment not analyzed in the EIR and Supplemental EIR substantially increase the severity of previously identified impacts. WHEREAS, on May 1, 1984, the La Quinta City Council certified the EIR (State Clearing House No. 83062922) for PGA West Specific Plan 83-002 (Resolution 345 006 P:\GREG\Resocc EA SP003 #4PGA WEst.wpd - 43 Resolution 2000- Environmental Assessment 83-009 October 3, 2000 84-38) encompassing 1,655 acres, which Specific Plan allowed for 5,000 single family residential houses, 650 hotel/condos on 65 acres of Tourist Commercial and 20 acres of Community Commercial. WHEREAS, the City Council did on the 20th day of September, 1988, hold a duly noticed Public Hearing on SP 83-002 Amendment #1 (Resolution 89-1 10 and 89-1 1 1) to increase the hotel unit count by 350 for a total of 1,000 units. The City prepared a Supplemental Focused EIR based upon a Supplemental Traffic Study prepared for PGA West in 1988. In Resolution 88-16 the City reconfirmed its original findings in the EIR and reconfirmed its certification of the EIR based upon the Supplemental EIR in Resolution 88-16, relating to Amendment No. 1 to Specific Plan 83-002. WHEREAS, the Revised Project involves an overall reduction in the scope of the project including the following: (1) the number of permitted residential units is being reduced from 5,000 to 3936; (2) the elimination of 22 acres of Community commercial development and replacing it with a less intense land use, medium density residential development (2.8 units per acre for a total of 60 residential units). WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify certification of said Addendum: The proposed Specific Plan Amendment and related applications will not have the potential to degrade the quality of the environment, as the project in question will not be developed in any manner inconsistent with the General Plan and other current City standards. The project does not have the potential to eliminate an important example of California prehistory, as extensive archaeological investigations of the site have been conducted as part of the project to implement appropriate mitigation alternatives. The applicant has agreed to implementing the necessary mitigation prior to site development activities and is in concurrence with project conditions relating to this. 2. The proposed Specific Plan Amendment and related applications will not have the potential to achieve short term goals. 3. The proposed Specific Plan Amendment and related applications will not have impacts which are individually limited, but cumulatively considerable when considering planned or proposed development in the immediate vicinity, in that the proposed project is undertaken pursuant to the Specific Plan for which a Final EIR has been certified. 34f P:\GREG\Resocc EA SP003 #4PGA WEst.wpd - 43 007 4. The proposed Specific Plan Amendment and related applications will not have environmental effects that will adversely affect humans, either directly or indirectly, as the project contemplates single family residences at a substantially reduced density (5,000 units to 3,936 units) than those already assessed under ultimate development of the Specific Plan area, and previously addressed in the certified Environmental Impact Report. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: That the recitations are true and correct and constitute the findings of the City Council for this Addendum to Environmental Impact Report 83-009 and Supplemental Focused Environmental Impact Report. 2. That it does hereby certify an Addendum to Environmental Assessment 83-009 in that the changes proposed to the project are a minor nature and do not require the preparation of a subsequent Environmental Impact Report pursuant to Public Resources Code Section 21 166 and there are no new circumstances which would require the preparation of a subsequent EIR and there is no new information or change in circumstances which would require the preparation of a subsequent EIR. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta City Council held on this 3d day of October, 2000, by the following vote: AYES: NOES: ABSTAIN: ABSENT: JOHN J. PENA, Mayor City of La Quinta, California 347 PAGREG\Resocc EA SP003 #4PGA WEst.wpd - 43 0108 Resolution 2000- Environmental Assessment 83-009 October 3, 2000 ATTEST: JUNE S. GREEK, CMC City Clerk City of La .Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California P:\GREG\Resocc EA SP003 #4PGA WEst.wpd - 43 0io!) ADDENDUM TO ENVIRONMENTAL IMPACT REPORT 83-009 AND TO SUPPLEMENTAL FOCUSED ENVIRONMENTAL IMPACT REPORT FOR PGA WEST SPECIFIC PLAN 83-002 (SCH #83062922) (CEQA GUIDELINE 15164) FOR GENERAL PLAN AMENDMENT NO. 2000-70, AMENDMENT NO. 4 TO SPECIFIC PLAN 83-002 CHANGE OF ZONE NO. 2000-95, AND TENTATIVE TRACT MAP 29878 349 - 010 A:\EAAddSP83-002#4.wpd - 43 greg; Page 1 The City of La Quinta, as lead agency under the California Environmental Quality Act, Public Resources Code section 21000, et seq. ("CEQA") has prepared this Addendum pursuant to CEQA Guideline 15164. This is an Addendum to the Environmental Impact Report ("EIR") that the City prepared and certified in 1984 for the PGA West Specific Plan No. 83-002. The City Council certified the EIR on May 1, 1984, in Resolution No. 84-28. The City subsequently prepared a Supplemental Focused EIR based upon a Supplemental Traffic Study prepared for PGA West in 1988 ("Supplemental EIR"). In Resolution No. 88-016, the City reconfirmed its original findings in the EIR and reconfirmed its certification of the EIR based upon the Supplemental EIR in Resolution No. 88-016, relating to Amendment No. 1 to Specific Plan No. 83-002. The purpose of this Addendum is to document certain changes to the project which will be implemented through the following land use approvals: GENERAL PLAN AMENDMENT NO. 2000-70, AMENDMENT NO. 4 TO SPECIFIC PLAN 83-002 CHANGE OF ZONE NO. 2000-95, AND TENTATIVE TRACT MAP 29878 These are collectively referred to as "the Revised Project." The Revised Project involves only 22 acres of the overall 1,687 acres within the project area. The 22 acres are located at the southeast corner of PGA Blvd. and Ave. 54. The 22 acres border existing residential development. The City has determined that the proposed residential development of this 22-acre site will be consistent with the density and character of the adjacent residential development, and will be consistent with the goals, policies, and objectives of the City's General Plan and Specific Plan No. 83-002, as amended. The Revised Project involves an overall reduction in the scope of the project, including the following: (1) The number of permitted residential units is being reduced from 5000 to 3936; (2) the elimination of 22 acres of community commercial development and replacing it with a less intense land use, medium density residential development (2.8 units per acre for a total of 60 residential units). The City has compared the impacts of the Revised Project with those impacts analyzed in the EIR and Supplement to the EIR and finds as follows: 350 A:\EAAddSP83-002#4.wpd - 43 greg; Page 2 Aesthetics - Impacts no greater than those previously analyzed. The previously approved commercial development will be replaced with less dense housing. The scale, height, and mass will all be reduced within this area as compared with the original project. Agriculture Resources - Not applicable Air Quality -Impacts Less than those previously analyzed. Since there are fewer residential units, there will be a reduction in vehicular emissions, and fewer commercial delivery vehicles will be traveling to and from the project site. The construction air quality impacts relating to the 22 acres will be comparable to the project analyzed in the EIR. Hazards and Hazardous Materials - Impacts no greater than those previously analyzed. No hazardous materials will be maintained within the 22-acre site. Hydrology and Water Quality - Impacts no greater than those previously analyzed. To the extent there is any change, it is likely that the change will reduce the impacts on water quality and runoff due to a reduction in impervious surfaces. Land Use Planning - Impacts no greater than those previously analyzed. The Revised Project is consistent with the goals, policies and objectives of the General Plan and the Specific Plan. Public Services - Impacts no greater than those previously analyzed. Since the number of residential units is less than originally proposed and with the elimination of 22-acres of commercial development, there will be fewer demands for public services. Recreation - Impacts no greater than those previously analyzed. While residential uses are replacing commercial uses, since the overall number of residential units is being reduced, the need for recreational facilities arising from the project are within the scope of what was originally analyzed. Transportation/Traffic- Impacts less than those previously analyzed. The original project analyzed contained more commercial development and a greater number of residential units. The Revised Project will generate fewer vehicle trips daily and during peak hours per the PGA West Specific Plan Amendment IV traffic impacts, dated September 7, 2000 prepared by ENDO Engineering. 351 01^ A:\EAAddSP83-002#4.wpd - 43 greg; Page 3 Biological Resources - Impacts no greater than those previously analyzed. The Revised Project will have the same level of impacts on biology as the original project analyzed in the EIR. Cultural Resources - Impacts no greater than those previously analyzed. Prior to grading, the applicant will be required to retain qualified paleontological and archaeological monitors approved by the City. The monitor shall be present during trenching and excavation of the lake. Geology and Soils - Impacts no greater than those previously analyzed. The geology and soil impacts remain unchanged. Mineral Resources- Not applicable Noise - Impacts no greater than those previously analyzed. Within and around the 22 acre site, it is anticipated that there will be a reduction in noise since the residential units generates lower noise levels than community commercial uses. Utilities and Service Systems - Impacts no greater than those previously analyzed. Given the overall reduction in commercial uses and the reduction in the number of residential unit, the EIR analysis is sufficient for the Revised Project Population and Housing - Impacts no greater than those previously analyzed. It is anticipated that the number of persons residing or working within the specific plan area will be less than what was analyzed in the EIR. 352 A:\EAAddSP83-002#4.wpd - 43 greg; Page 4 O1:) The City finds that consideration of the Revised Project does not call for the preparation of a subsequent EIR pursuant to CEQA Guideline 15162 or Public Resources Code Section 21166, in that the Revised Project does not involve: (1) substantial changes to the project analyzed in the EIR and the Supplemental EIR which would involve new significant effects on the environment or substantially increase the severity of previously identified impacts; (2) substantial changes with respect to the circumstances under which the project is being undertaken which would involve new significant effects on the environment not analyzed in the EIR and Supplemental EIR substantially increase the severity of previously identified impacts; or (3) new information of substantial importance which would involve new significant effects on the environment not analyzed in the EIR and Supplemental EIR substantially increase the severity of previously identified impacts. 353 014 A:\EAAddSP83-002#4.wpd - 43 greg; Page 5 RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT TO MODIFY THE LAND USE ELEMENT FROM COMMUNITY COMMERCIAL (CC) TO MEDIUM DENSITY RESIDENTIAL (MDR) WITHIN PGA WEST CASE: GENERAL PLAN AMENDMENT 2000-070 APPLICANT: KSL LAND HOLDINGS, INC. WHEREAS, the City Council of the City of La Quinta, California, did on the 3`d day of October, 2000, hold a duly -noticed Public Hearing to consider amending the City of La Quinta General Plan Land Use Element from Community Commercial (CC) to Medium Density Residential (MDR) for 22 acres at the southeast corner of Avenue 54 and PGA Boulevard within PGA West (Specific Plan 83-002), more particularly described as: Parcels 1 and A-F of TPM 29799 and a portion of Parcel 8 of PM 20426 (APN: 775-080-002) WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 12th day of September, 2000, hold a duly -noticed Public Hearing to consider amending the City of La Quinta General Plan Land Use Element from Community Commercial (CC) to Medium Density Residential (MDR) for 22 acres at the southeast corner of Avenue 54 and PGA Boulevard within PGA West (Specific Plan 83- 002). The Planning Commission, after discussion, adopted Resolution 2000-062 recommending approval of the Amendment request; and WHEREAS, said application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Addendum to Environmental Impact Report 83-009 and Supplemental Focused Environmental Impact Report pursuant to CEQA Guidelines 15164; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings pursuant to Section 9.230.020 of the Zoning Ordinance to justify approval of said General Plan Amendment: 1 . The proposed Amendment is consistent with the goals, objectives, and policies of the General Plan Land Use Element in that Medium Density Residential uses are encouraged near transportation corridors and in planned communities (General Plan Policy 2-2.1 .6). The project's traffic engineer estimates that a RESOCC GPA70KSL; Greg 43; Page 1 354 015 Resolution 2000- General Plan Amendment 2000-070 October 3, 2000 Page 2 change in land use will decrease the number of projected vehicle trips from 6,820 to 1,740. 2. The proposed Amendment is consistent with the policies of the PGA West Specific Plan (Amendment #4) to provide a full range of land use alternatives within the master planned community of up to 3,936 units and 1,000 resort units oriented around multiple golf courses and other community recreation amenities. The development of the property as residential will require landscape setbacks consistent with Circulation Policies 3-4.1.2 and 3-4.1.1 1. 3. The proposed change from Community Commercial (CC) to Medium Density Residential (MDR) does not alter the number of residential units planned for PGA West, it only relocates residential units to a new location. The site will provide a land use buffer for adjacent residential properties in PGA West. 4. Approval of the Amendment will not create conditions materially detrimental to the public health, safety, and general welfare in that the resulting residential development created will be in compliance with all applicable development standards regarding streets, infrastructure, housing, etc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the City Council in this case; and 2. This application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83- 68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Addendum to Environmental Impact Report 83-009 and Supplemental Focused Environmental Impact Report pursuant to CEQA Guidelines 15164; and 3. That it does hereby approve the above -described General Plan Amendment request for the reasons set forth in this Resolution per attached Exhibit "A". RESOCC GPA70KSL; Greg 43; Page 2 355 Resolution 2000- General Plan Amendment 2000-070 October 3, 2000 Page 3 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 3`d day of October, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 356 RESOCC GPA70KSL; Greg 43; Page 3 017 CASE: GENERAL PLAN AMENDMENT 2000-070 APPLICANT: KSL LANDHOLDINGS, INC. Exhibit A 2.2.3 Proposed General Plan/Land Use The proposed General Plan/Land Use designations for the project area differ from the existing by one land use designation area changes: the approximately 22 acre parcel located at the southeast intersection of Avenue 54 and Jefferson Street/PGA Boulevard. The proposed land use designation would change to Medium Density Residential (MDR). The location and alignment of the land uses depicted herein are diagrammatic. The precise layout of the future golf course, streets, and support facilities currently established in approved tracts and lots will determine the actual alignment and adjacency of each land use category. These Land Use Policies are illustrated in Exhibit 6 and include: Residential Land Uses LDR: Low Density Residential - 2-4 DU/AC MDR: Medium Density Residential - 4-8 DU/AC Commercial Land Uses TC: Tourist Commercial Other Land Uses G: Golf Course +-; Golf Supporting Facilities OS: Open Space 0 Hillside Conservation Overlay i N N 7 r4, PGA WEST - Amendment IV Avenue 54 l� i L- LD�Ril� t tN 0 N E Airport BBll v . r--1 North Exhibit 6 2.5 357 018 ORDINANCE NO._ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ZONE CHANGE FROM COMMUNITY COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL FOR 22 ACRES LOCATED AT THE SOUTHEAST CORNER OF PGA BOULEVARD AND AVENUE 54 WITHIN PGA WEST CASE: ZONE CHANGE 2000-095 APPLICANT: KSL LAND HOLDINGS, INC. WHEREAS, the City Council of the City of La Quinta, California, did on the 3`d day of October, 2000, hold a duly -noticed Public Hearing to consider amending the City of La Quinta Zoning Map from Community Commercial (CC) to Medium Family Residential (RM) for 22 acres at the southeast corner of Avenue 54 and PGA Boulevard in PGA West (Specific Plan 83-002), as shown on Exhibit "A",more particularly described as: Being a subdivision of Parcels 1, and A-F of TPM 29799 Being a portion of Parcel 8 of PM 20426 (APN: 775-080-002) WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 12th day of September, 2000, hold a duly -noticed Public Hearing to consider amending the City of La Quinta Zoning Map from Community Commercial (CC) to Medium Family Residential (RM) for 22 acres located at the southeast corner of Avenue 54 and PGA Boulevard in PGA West (Specific Plan 83-002). The Planning Commission, after discussion, adopted Resolution 2000-063, recommending approval of the Zone Change request; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings pursuant to Section 9.220.010 of the Zoning Ordinance to justify approval of said Zone Change: 1. The proposed Zone Change is consistent with the goals, objectives, and policies of the General Plan Land Use Element and with General Plan Amendment 2000- 070. The proposed residential land use is compatible with surrounding low density residential uses. 358 019 A:\Ord cc ZC 95PGA.wpd - 43 greg; page 1 Ordinance No. _ Change of Zone 2000-095 October 3, 2000 Page 2 2. The proposed Zone Change is consistent with the policies of the PGA West Specific Plan (Amendment #4) to provide a full range of land use alternatives within the master planned community oriented around multiple golf courses and other community recreation amenities, and circumstances have changed within the development to warrant elimination of the commercial district. 3. The proposed change from Community Commercial (CC) to Medium Density Residential (RM) does not alter the number of residential units planned for PGA West, it only relocates residential units to a new location. 4. Approval of the Zone Change will not create conditions materially detrimental to the public welfare in that the resulting residential district provides a land use buffer for Low Density Residential uses to the south and east within PGA West. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. PURPOSE. To rezone 22 acres at the southeast corner of Avenue 54 and PGA Boulevard from Community Commercial (CC) to Medium Density Residential (RM). SECTION 2. ENVIRONMENTAL. This application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Addendum to Environmental Impact Report 83-009 and Supplemental Focused Environmental Impact Report pursuant to CEQA Guidelines 15164. SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and become effective thirty (30) days after its adoption. SECTION 4: POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in a least three public places designated by Resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. 359 020 A:\Ord cc ZC 95PGA.wpd - 43 greg; page 2 Ordinance No. _ Change of Zone 2000-095 October 3, 2000 Page 3 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 3`d day of October, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PEIVA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 360 A:\Ord cc ZC 95PGA.wpd - 43 greg; page 3 2. Exhibit A 2.3.2 Proposed Zoning The proposed zoning for the PGA WEST Specific Plan Amendment IV does not require redistribution of the Zone locations and corresponding acreages currently delineated in planning Areas I, II III, and V. The proposed zoning for the project area is illustrated in Exhibit 8 and includes: CASE: ZONE CHANGE 2000-095 Residential Land Uses APPLICANT: KSL LAND HOLDINGS, INC. RL - Low Density Residential RM - Medium Density Residential Nonresidential Districts TQR.SP) - Tourist Commercial Special Purpose Districts GC - Golf Courses OS - Open Space o (n Overlay Districts HC - Hillside Conservation Overlay 4- a� c41 Avenue 54 Exhibit 8 2.10 PGA WEST - Amendment IV 361 02^ RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AMENDMENT #4 REVISING DEVELOPMENT STANDARDS, REDUCING RESIDENTIAL UNITS, CHANGING PLANNING AREAS, AND LAND USE CHANGE FROM COMMUNITY COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL FOR 22 ACRES (PGA WEST) CASE NO.: SPECIFIC PLAN 83-002, AMENDMENT #4 APPLICANT: KSL LAND HOLDINGS, INC. WHEREAS, the City Council of the City of La Quinta did on the 3`d day of October, 2000, hold duly a noticed Public Hearing to consider the request of KSL Land Holdings for approval of Amendment #4 to Specific Plan 83-002 to change 22.21 acres of Community Commercial land to Medium Density Residential, reducing the number of residential units from 5,000 to 3,936, and permitting amendment of the miscellaneous development standards for land on the north side of Avenue 58, south of Avenue 54 and east of the Santa Rosa Mountains in PGA West; and WHEREAS, the Planning Commission of the City of La Quinta did on the 121h day of September, 2000, hold duly a noticed Public Hearing to consider the request of KSL Land Holdings for approval of Amendment #4 to Specific Plan 83-002 to change 22.21 acres of Community Commercial land to Medium Density Residential, reducing the number of residential units from 5,000 to 3,936, and permitting amendment of the miscellaneous development standards for land on the north side of Avenue 58, south of Avenue 54 and east of the Santa Rosa Mountains in PGA West. The Planning Commission adopted Resolution 2000-064 on a 5-0 vote recommending approval of the Amendment request, subject to conditions; and WHEREAS, said application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Addendum to Environmental Impact Report 83-009 and Supplemental Focused Environmental Impact Report pursuant to CEQA Guidelines 15164; and WHEREAS, on May 1, 1984, the La Quinta City Council certified the EIR for PGA West Specific Plan 83-002 (Resolution 84-38) as adequate and complete, adopted "Statements of Overriding Considerations," and adopted "CEQA Findings and Statements of Facts"; and 362_. 023 Resolution 2000- Specific Plan 83-002, Amendment #4 October 3, 2000 Page 2 WHEREAS, the City Council did, on the 20th day of September, 1988, hold a duly noticed Public Hearing on SP 83-002, Amendment #1 (Resolutions 89-1 10 and 89-1 1 1) to increase the hotel by 350 units and conditionally approved said Amendment; and WHEREAS, the City Council did, on the 23'd day of May, 1989, hold a duly noticed Public Hearing on SP 83-002, Amendment #2 (Resolution 89-70) to add 21.65 acres for residential use and conditionally approved said Amendment; and WHEREAS, the City Council did, on the 6th day of August, 1996, hold a duly noticed Public Hearing on SP 83-002, Amendment #3 (Resolution 96-67) to bring the Plan into compliance with the City's General Plan and conditionally approved said Amendment; and WHEREAS, at said Public Hearing upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons pursuant to Section 9.240.010 of the Zoning Ordinance to justify the recommendation for approval of the Specific Plan Amendment: 1 . The proposed Specific Plan Amendment is consistent with the goals and policies of the La Quinta General Plan in that the residential and related resort uses proposed are consistent with use of the site stipulated in the General Plan. The Specific Plan contains a summary of each of the goals and policies applicable in evaluating the document's consistency with the General Plan. Overall, the Specific Plan offers guidelines promoting a balanced and functional mix of land uses consistent with the City's General Plan. The maximum number of residential units has been reduced from 5,000 to 3,936. 2. The Specific Plan Amendment contains a summary of each of the goals and policies applicable in evaluating the document's consistency with the General Plan. Overall, the Amendment offers guidelines promoting a balanced mix of residential and resort residential land uses consistent with the City's General Plan. Redesignating 22 acres of Community Commercial property at the entrance into PGA West to Medium Density Residential will provide a transitional buffer between Low Density Residential properties to the south and east and perimeter Arterial Streets consistent with General Plan Amendment 2000-070. 3. The Specific Plan Amendment is compatible with zoning on adjacent properties in that the General Plan Land Use Policy Diagram shows the surrounding properties to be primarily Low Density Residential outside of PGA West. This Amendment creates a low density development oriented around a resort 363 Reso CC SP 002 (#4)PGA Greg-43: Page 2 024 Resolution 2000- Specific Plan 83-002, Amendment #4 October 3, 2000 Page 3 commercial core and multiple 18 hole golf courses. 4. The Specific Plan Amendment will provide land use compatibility with zoning on adjacent properties in that the residential uses are compatible with the adjacent zoning, and the changes proposed will require that uses be reviewed to ensure they are compatible with the surrounding properties. 5. The Specific Plan Amendment will not create conditions materially detrimental to the public general welfare in that development allowed under the Specific Plan Amendment is compatible with existing land uses. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La Quinta, California as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case; and 2. The La Quinta Community Development Department has completed an Addendum to the previously certified PGA West Environmental Impact Report (EA 83-009; State Clearinghouse No. 83062922) pursuant to the Guidelines for Implementation of the California Environmental Quality Act, Section 15164. No changed circumstances or conditions exist which would require the preparation of a subsequent EIR pursuant to Public Resources Code Section 21 166; and 3. That it does hereby approve the above -described amendment request for the reasons set forth in this Resolution, subject to the attached conditions, labeled Exhibit "A". PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 3'd day of October, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor 364 Reso CC SP 002 (#4)PGA Greg-43: Page 3 025 Resolution 2000- Specific Plan 83-002, Amendment #4 October 3, 2000 Page 4 City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 365 026 Reso CC SP 002 (#4)PGA Greg-43: Page 4 RESOLUTION 2000- EXHIBIT "A" CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 83-002, AMENDMENT #4 (PGA WEST) KSL LAND HOLDINGS, INC. OCTOBER 3, 2000 1 . Specific Plan 83-002(Amendment #4) shall comply with the requirements and standards of the La Quinta Municipal Code and all other applicable laws, unless modified by the following conditions. 2. The approved Specific Plan text on file in the Community Development Department, shall be revised to incorporate in the appropriate chapter and section the following conditions, with final texts (4) submitted to the Community Development Department within 30 days of final approval by the City Council or prior to issuance of any permit. One copy shall be unbound. 3. Developer agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel at its sole discretion. 4. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 5. Pg. 2.3 (Paragraph 3) - Change the maximum number of residential units to 3,936. 6. Pg. 3.15 (Footnote 2) - Revise as follows: "Projects shall incorporate front yard setbacks of 15 feet to 25 feet." 7. Pg. 3.24 (Add Condition 3.2.31) - New development projects within PGA West shall comply with Chapter 9.150 (Parking) of the La Quinta Zoning Ordinance. 8. Pg. 3.9 (Planning Area III) - Delete reference to allowing interval and fractional timeshare units. 9. Pg. 3.24 (Section 3.2.29) - Delete condition. 366 027 Cond CC SP 003, #4KSL - 432; Page 1 - gt RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A REQUEST TO SUBDIVIDE 22.21 ACRES INTO 60 SINGLE FAMILY LOTS, CLUBHOUSE LOT, WELL LOT, AND VARIOUS COMMON LOTS ON PRIVATE STREETS LOCATED AT THE SOUTHEAST CORNER OF AVENUE 54 AND PGA BOULEVARD WITHIN PGA WEST CASE NO.: TENTATIVE TRACT MAP 29878 APPLICANT: KSL LAND HOLDINGS, INC. WHEREAS, the City Council of the City of La Quinta, California, did on the 3`d day of October, 2000, hold a duly noticed Public Hearing to subdivide 22.21 acres into 60 single family lots, clubhouse and well lots, and other lettered lots on private streets (Lots "A" through " E") generally located at the southeast corner of Avenue 54 and PGA Boulevard within PGA West (Specific Plan 83-002), more particularly described as: Parcels 1 and B of Tentative Parcel Map 29799 and Parcel 8 of Parcel Map 20426 (APN: 775-080-002) WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 12t' day of September, 2000, hold a duly noticed Public Hearing to subdivide 22.21 acres into 60 single family lots, clubhouse and well lots, and other lettered lots on private streets (Lots "A" through "E") generally located at the southeast corner of Avenue 54 and PGA Boulevard within PGA West (Specific Plan 83-002). The Planning Commission, after discussion, recommended approval by adoption of Resolution 2000-065, subject to conditions; and WHEREAS, said application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Addendum to Environmental Impact Report 83-009 and Supplemental Focused Environmental Impact Report pursuant to CEQA Guidelines 15164; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to approve said Tentative Tract Map 29878: 367 028 Resolution 2000- Tentative Tract Map 29878 KSL Land Holdings, Inc. October 3, 2000 Finding Number 1 - Consistency with the General Plan/Specific Plan The project is consistent with the City's General Plan Medium Density Residential land use designation of up to eight dwelling units per acre pursuant to General Plan Amendment 2000-070 and Specific Plan 83-002 (Amendment #4, Planning Unit #4). The proposed Tentative Tract Map is consistent with the City's General Plan with the implementation of Conditions of Approval to provide for adequate stormwater drainage. Finding Number 2 - Consistency of Design and Improvements The design and improvements of the proposed subdivision are consistent with the City's General Plan; the implementation of the recommended conditions of approval ensures proper street widths, perimeter walls, parking requirements, and timing of construction improvements. Finding Number 3 - Consistency of Public Easements As conditioned, the design of the subdivision, or type of improvements, will not conflict with easements, acquired by the public at large, for access through, or use of, property within the subdivision. Finding Number 4 - Public Health and Safety The design of the subdivision and type of improvements, as conditioned, are not likely to cause serious public health problems, in that this issue was considered in Specific Plan 83-002 (Amendment #4) in which no significant health or safety impacts were identified for the proposed project. Finding Number 5 - Suitability of Site The design of the subdivision, or the proposed improvements, are not likely to cause substantial environmental damage, or substantially, and unavoidably injure fish or wildlife, or their habitat, in that SP 83-002 (Amendment #4) prepared for Tract 29878 did not identify any significant impacts for this issue. 3-6 8 Reso cc TTM 29878KSL 43 greg; Page 2 029 Resolution 2000- Tentative Tract Map 29878 KSL Land Holdings, Inc. October 3, 2000 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; and 2. That it does hereby require compliance with Specific Plan 83-002 (Amendment #4); and 3. This application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83- 68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Addendum to Environmental Impact Report 83-009 and Supplemental Focused Environmental Impact Report pursuant to CEQA Guidelines 15164; and 4. That it does approve Tentative Tract Map 29878 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 3d day of October, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California 369 Reso cc TTM 29878KSL 43 greg; Page 3 030 Resolution 2000- Tentative Tract Map 29878 KSL Land Holdings, Inc. October 3, 2000 ATTEST: JUNE S. GREEK, CMC City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 370 031. Reso cc TTM 29878KSL 43 greg; Page 4 RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29878 KSL LAND HOLDINGS, INC. OCTOBER 3, 2000 Upon their approval by the City Council, a memorandum noting that the City Conditions of Approval for this application exist and are available for review at City Hall shall be recorded against the property with Riverside County. 2. The subdivider agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this tentative map or any final map thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 3. Tentative Tract Map 29878 shall comply with the requirements and standards of § § 66410 through 66499.58 of the California Government Code (the Subdivision Map Act) and. Chapter 13 of the La Quinta Municipal Code (LQMC). 4. This Map shall expire on October 3, 2002, unless extended pursuant to the requirements of the City Subdivision Ordinance. 5. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. 371 AACond CC T29878KSL."d - 42 Greg, Page 1 03^ Resolution 2000- Tentative Tract Map 29878 October 3, 2000 Page 2 The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the CWQCB acknowledgment of the applicant's Notice of Intent prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. 019 i i ■ 6. Prior to approval of a final map, the applicant shall acquire or confer easements and other property rights required of the tentative map or otherwise necessary for construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction, and reconstruction of essential improvements. 7. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 8. Right of way dedications required of this development include: A. PUBLIC STREETS 1) None required B. PRIVATE STREETS 1) Residential: 31-foot width. On -street parking is prohibited and provisions shall be made for adequate off-street parking for residents and visitors. The CC&R's shall contain language requiring the Homeowner's Association to provide for ongoing enforcement of the restrictions. 2) Entry street: 45-foot width. C. CULS DE SAC 1) Public or Private: Use Riverside County Standard 800 (symmetric) or 800A (offset); Public - 45-foot radius, Private - 39.5-foot radius. AACond CC T29878KSL.wpd - 42 Greg, Page 2 372 033 Resolution 2000- Tentative Tract Map 29878 October 3, 2000 Page 3 9. Right of way geometry for knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 10. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 1 1. If the City Engineer determines that access rights to proposed street rights of way shown on the tentative map are necessary prior to approval of final maps dedicating the rights of way, the applicant shall grant the necessary rights of way within 60 days of written request by the City. 12. The applicant shall dedicate ten -foot public utility easements contiguous with and along both sides of all private streets. The easements may be reduced to five feet with the express concurrence of IID. 13. The applicant shall create perimeter setbacks along public rights of way as follows (listed setback depth is the average depth if meandering wall design is approved): A. PGA Blvd.: 20-feet B. Avenue 54: 20-feet The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall dedicate blanket easements for those purposes. 14. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 15. The applicant shall vacate abutter's rights of access to public streets and properties from all frontage along the streets and properties except access points shown on the approved tentative map. 373 AACond CC T29878KSL.wpd - 42 Greg, Page 3 034 Resolution 2000- Tentative Tract Map 29878 October 3, 2000 Page 4 16. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 17. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners 18. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval of this tentative map by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. f;�VLI� �iI_�Y�y1_\►UIJ_\:Zy�� iI_\ley] 19. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. JUT "• u 1 :11011 a 'WAN As used throughout these conditions of approval, professional titles such as "engineer," "surveyor," and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 20. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." Precise grading plans shall have signature blocks for Community Development Director and the Building Official. All other plans shall have signature blocks for the City Engineer. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, entry drives, gates, and parking lots. "Landscaping" plans shall normally include A:\Cond CC T29878KSL."d - 42 Greg, Page 4 374 035 Resolution 2000- Tentative Tract Map 29878 October 3, 2000 Page 5 irrigation improvements, landscape lighting and entry monuments. "Precise Grading" plans shall normally include perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 21. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 22. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as - constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. 23. Depending on the timing of development of the lots or parcels created by this map and the status of off -site improvements at that time, the subdivider may be required to construct improvements, to construct additional improvements subject to reimbursement by others, to reimburse others who construct improvements that are obligations of this map, to secure the cost of the improvements for future construction by others, or a combination of these methods. In the event that any of the improvements required herein are constructed by the City, the Applicant shall, at the time of approval of a map or other development or building permit, reimburse the City for the cost of those improvements. 24. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. 375 A:\Cond CC T29878KSL.wpd - 42 Greg, Page 5 036 Resolution 2000- Tentative Tract Map 29878 October 3, 2000 Page 6 Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 25. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, development -wide improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 26. If improvements are phased with multiple final maps or other administrative approvals (e.g., Site Development Permits), off -site improvements and common improvements (e.g., retention basins, perimeter walls & landscaping, gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 27. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan or in an improvement agreement, the City shall have the right to halt issuance of building permits or final building inspections, withhold other approvals related to the development of the project or call upon the surety to complete the improvements. 28. This development shall comply with Chapter 8.11 of the LQMC (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which 376 0 37 AACond CC T29878KSL.wpd - 42 Greg, Page 6 Resolution 2000- Tentative Tract Map 29878 October 3, 2000 Page 7 are so located, the applicant shall furnish certifications as required by FEMA that the above conditions have been met. 29. Prior to issuance of a grading permit, the applicant shall furnish a preliminary geotechnical ("soils") report and an approved grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 30. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 31. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract or parcel map, but not sharing common street frontage, where the differential shall not exceed five feet. The limits given in this condition and the previous condition are not entitlements and more restrictive limits may be imposed in the map approval or plan checking process. If compliance with the limits is impractical, however, the City will consider alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 32. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, LQMC. The Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 33. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 34. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. 377 1038 A:\Cond CC T29878KSL.wpd - 42 Greg, Page 7 Resolution 2000- Tentative Tract Map 29878 October 3, 2000 Page 8 The applicant shall comply with the provisions of Engineering Bulletin No. 97.03 and the following: 35. Stormwater falling on site during the peak 24-hour period of a 100-year storm (the design storm) shall be retained within the development unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. 36. Stormwater shall normally be retained in common retention basins. Individual -lot basins or other retention schemes may be approved by the City Engineer for lots 2% acres in size or larger or where the use of common retention is impracticable. If individual -lot retention is approved, the applicant shall meet the individual -lot retention provisions of Chapter 13.24, LQMC. 37. Storm flow in excess of retention capacity shall be routed through a designated, unimpeded overflow outlet to the historic drainage relief route. 38. Storm drainage historically received from adjoining property shall be retained on site or passed through to the overflow outlet. 39. Retention facility design shall be based on site -specific percolation data which shall be submitted for checking with the retention facility plans. The design percolation rate shall not exceed two inches per hour. 40. Retention basin slopes shall not exceed 3:1. Maximum retention depth shall be six feet for common basins and two feet for individual -lot retention. 41. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leachfield approved by the City Engineer. The sand filter and leechfield shall be designed to contain surges of 3 gph/1,000 sq. ft. (of landscape area) and infiltrate 5 gpd/1,000 sq. ft. 42. In developments for which security will be provided by public safety entities (e.g., the La Quinta Safety Department or the Riverside County Sheriff's Department), retention basins shall be visible from adjacent street(s). No fence or wall shall be constructed around basins unless approved by the Community Development Director and the City Engineer. 378 030 AACond CC T29878KSL.wpd - 42 Greg, Page 8 Resolution 2000- Tentative Tract Map 29878 October 3, 2000 Page 9 43. If the applicant proposes discharge of stormwater directly or indirectly to the Coachella Valley Stormwater Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to issuance of any grading, construction or building permit and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the CC&Rs for meeting these potential obligations. 44. The tract shall be designed to accommodate purging and blowoff water from any on - site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. UTILITIES 45. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 46. Existing aerial lines within or adjacent to the proposed development and all proposed utilities shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. 47. Utilities shall be installed prior to overlying hardscape. For installation of utilities in existing, improved streets, the applicant shall comply with trench restoration requirements maintained or required by the City Engineer. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. 48. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses. (Public street improvements shall conform with the City's General Plan in effect at the time of construction.) 379 04n A:\Cond CC T29878KSL.wpd - 42 Greg, Page 9 Resolution 2000- Tentative Tract Map 29878 October 3, 2000 Page 10 A. OFF -SITE STREETS 1) PGA Blvd. (Private Street): a. Remove existing median break and left -turn pocket located northerly of proposed project entry (Lot A) and reconstruct median island and landscaping. b. Remove existing curb returns located northerly of proposed project entry (Lot A) and reconstruct curb and gutter. Construct 8-foot wide sidewalk and perimeter landscaping. 2) Avenue 54 (Primary Arterial): a. Remove existing median break and left -turn pocket located approximately 600-feet easterly of the centerline of Jefferson Street/PGA Blvd. and reconstruct median island and landscaping. b. Remove existing curb returns located approximately 600-feet easterly of the centerline of Jefferson Street/PGA Blvd. and reconstruct curb and gutter. Construct 8-foot wide sidewalk and perimeter landscaping. B. PRIVATE STREETS 1) On -site streets: construct 28-foot wide full -width improvements (measured from gutter flowline to gutter flowline) within the 31-foot right of way. All on -site streets shall be constructed with "wedge" type curb design as approved by the City Engineer. 2) All on -street parking is prohibited and the applicant shall be required to provide for the perpetual enforcement of the restriction by the Homeowners' Association. C. CULS DE SAC 1) Use Riverside County Standard 800 (symmetric) or 800A (offset). Curb. flowline shall be have a 38-foot. 380 041. AACond CC T29878KSL.wpd - 42 Greg, Page 10 Resolution 2000- Tentative Tract Map 29878 October 3, 2000 Page 11 Entry drives, main interior circulation routes, turn knuckles, corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. 49. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs, and sidewalks. Mid -block street lighting is not required. 50. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 51. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 52. Knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 53. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. If a wedge or rolled curb design is approved, the lip at the flowline shall be vertical (1/8" batter) and a minimum of 0.1' in height. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 54. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Residential & Parking Areas 3.0" a.c./4.50" c.a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" 381 042 AACond CC T29878KSL.wpd - 42 Greg, Page 11 Resolution 2000- Tentative Tract Map 29878 October 3, 2000 Page 12 55. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 56. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the tract or when directed by the City, whichever comes first. 57. General access points and turning movements of traffic are limited to the following: A. PGA Blvd. - Main project entry, to be located approximately 1,000-feet southerly of Avenue 54 and will be allow full turning movement. The gated entrance shall be designed to include two incoming lanes and one exit lane with appropriate vehicle stacking capacity, subject to final approval by the City Engineer. B. Avenue 54 - Emergency access entry, to be located approximately 1,100 feet west of the centerline of. Jefferson Street. This point of entry will be restricted to right -turn movements only. 58. The applicant shall provide landscaping in required setbacks, retention basins, common lots, and park areas. 59. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 382 04 A ACond CC T29878KSL.wpd - 42 Greg, Page 12 Resolution 2000- Tentative Tract Map 29878 October 3, 2000 Page 13 60. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. 61. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 62. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 63. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans, specifications and applicable regulations. 64. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all improvement plans which were signed by the City. Each sheet shall be clearly marked "Record Drawings," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster -image files previously submitted to the City to reflect as -constructed conditions. 65. The applicant shall make provisions for continuous, perpetual maintenance of all on - site improvements, perimeter landscaping, access drives, and sidewalks. The applicant shall maintain required public improvements until expressly released from this responsibility by the appropriate public agency. 240 \ 9 0 - •1�M 66. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 67. The applicant shall pay a cash fee to the City in the amount of $355,000 ($16,000/gross acre subdivided) to offset offsite improvement costs for improvements installed by KSL that are a requirement of Specific Plan 83-002 and benefit all 04183 A:\Cond CC T29878KSL.wpd - 42 Greg, Page 13 Resolution 2000- Tentative Tract Map 29878 October 3, 2000 Page 14 developers in the specific plan area. A portion of the fee may be refunded if the actual amount of the pro-rata share, based on actual construction costs, is confirmed to be lower. The City will not release or distribute the reimbursement funds to KSL until the actual construction costs have been confirmed and the pro-rata share formula has been approved by the City. 68. Final maps under this tentative map shall be subject to the provisions of the Development Impact Fee program in effect at the time of final map approval. 11' I : M :101>r With respect to the conditions of approval for the above referenced land division, the Fire Department (760-863-8886) recommends the following fire protection measures be provided in accordance with La Quinta Municipal Code and/or Riverside County Fire Department protection standards: 69. Fire hydrants in accordance with CVWD Standard W-33 shall be located at each street intersection spaced not more than 330 feet apart in any direction with no portion of any lot frontage more than 165 feet from a fire hydrant. Minimum fire flow will be 1,000 g.p.m. for a two-hour duration at 20 psi. Blue dot reflectors shall be mounted in the middle of the streets directly in line with fire hydrants. 70. Prior to recordation of the final map, the applicant/developer shall furnish one blueline copy of the water system plans to the Fire Department for review and approval. Plans will conform to the fire hydrant types, location and spacing, and the system will meet the fire flow requirements. Plans will be approved and signed by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 71. The required water system, including fire hydrants, will be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 72. A temporary water supply for fire protection may be allowed for the construction of the model units only. Plans for a temporary water system must be submitted to the Fire Department for review prior to issuance of building permits. A:\Cond CC T29878KSL.wpd - 42 Greg, Page 14 384 045 Resolution 2000- Tentative Tract Map 29878 October 3, 2000 Page 15 73. Gates installed to restrict access shall be power operated and equipped with a Fire Department override system consisting of Knox Key Operated switches, series KS-21? with dust cover, mounted per recommended standard of the Knox Company. Improvement plans for the entry street and gates shall be submitted to the Fire Department for review/approval prior to installation. 74. Gate entrance and exit openings shall not be less than 16 feet in width. All gates shall be located at least 40 feet from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Gates shall have either a secondary power supply or an approved manual means to release mechanical control of the gate in the event of loss of primary power. 75. If public use type buildings are to be constructed, additional fire protection may be required. Fire flows and hydrant locations will be stipulated when building plans are reviewed by the Fire Department. 76. The minimum dimensions for fire apparatus access roads entering and exiting this project shall have an unobstructed width of not less than 20 feet in each direction and an unobstructed vertical clearance of not less than 13 feet 6 inches. S PHIAL 77. Letters from public agencies for this project shall become plan check requirements for final map preparation. 78. Prior to issuance of a grading permit, the applicant shall provide calculations consistent with Chapter 8.13 (Water Efficient Landscaping) of the Municipal Code for development of the lake. 79. A paleontologist and archaeologist shall be present during grading and excavation of the proposed lake. 385 046 A:\Cond CC T29878KSL.wpd - 42 Greg, Page 15 Madison St. wwvI ro -, mV p \\ 1 :U jeue -----------------_---_— ROSA MOU141P`X415 Attachment 1 RS < u LU a� CO QD LO 1 CO zQ. 1 o?�a, 1 i0 :l l I C 1 ✓ 1 1 1 0 � I 1 '186 048 2.1.1 Planning Area Breakdown Attachment 2 The Specific Plan for PGA WEST is broken down into five distinct Planning Areas, each with corresponding site driven development criteria and design development regulations. These five planning areas are depicted in the exhibit shown below. ev, TABLE 6 LAND USE SUMMARY TOTALS Avenue 54 A.en�uue58 I Low Density Residential 11 Golf Course/ Open Space J Tourist Commercial 1V Medium Density Residential w Open Space Hillside Conservation ' Overlay Low Density Residential RL 940 3760 — 4 DU/AC Medium Density Residential RM 22 176 — 8 DU/AC Golf Course/Open Space GC 648 — — — Tourist Commercial TC 65 — 1000.. — Hillside Conservation OS(HC) 12 — — — TOTALS 1687 3936 1000 2.16 PGA WEST - Amendme&S 7 049 1S NOSd3=lzl3r a s".. z H -- N Attachment 3 > b E Ysl4stY�i !F Ij dj W to ea I 9 a atiti F-E E ae a W O [�� fe W y I I I I I I I I I W a §a ¢ $ Q O a g; !WA ! € O1wl J€ O T' CI x 7 it �008000�0��00000��000000��0�00 8�000000�0�000�000��6000008�OC60 ��0�0000��6006000�60860�00�00 �i000000�Or0000000r60000��Or��iO� A Ln W� -III a G• x ' � � � " z jig € � s. I -- a III .,� /�.• � PLO ; i A 01A P P col COO H1:�GIJ, ii 0 M Q 050 ATTACHMENT 4 Planning Commission Minutes September 12, 2000 25. Commissioner Kirk suggested t applicant work with staff on the location and architectural de Ign issue. Chairman Robbins recessed the meeting a :00 p.m. to allow the applicant time to meet with staff regarding the issues rais d. The meeting reconvened at 8:05 p.m. 26. Mr. Griffin ask the Commission to continue his application to Octob/gno 00. 27. There further discussion, it was moved and seconded by CommAbels/Kirk to continue this item to the meetingof October 10, 2000, as requested by the applicant. Unanimously approved. B. Environmental Assessment 83-009 Addendum,; General Plan Amendment 2000-070, Zone Change 2000-095, Specific Plan 83-002 Amendment -- #4, and Tentative Tract Map 29878; a request of KSL Land Holdings, Inc. for certification of an Addendum to the PGA West Environmental Impact Report, a General Plan Amendment from Community Commercial to Medium Density Residential, Zone Change from Community Commercial to Medium Density Residential, Specific Plan Amendment to modify development' standards, design guidelines and land use alternatives for PGA West, and a Tentative Tract Map to subdivide 22.21 acres into 60 residential lots, and other miscellaneous lots, for the area located at the southeast; corner of Avenue 54 and PGA Boulevard. 1.' Chairman Robbins opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information ,contained in the staff report and noted additional changes to the Conditions of Approval for the Specific Plan and Tentative Tract Map, a copy of which is on file in the Community Development Department. 2. Chairman Robbins asked if there were any questions of staff. Commissioner Tyler asked about the widths of the streets. Senior Engineer Steve Speer explained that in one instance it refers to the right of way width and the other is the street width. Street width is typically measured between the curb face, but when you go to a wedge curve we call it a flow line as there is no curb face. He went on to explain why the conditions were written as they are. C:\My Documents\WPDOCS\PC9-12-OO.wpd 7 051. Planning Commission Minutes September 12, 2000 3. Chairman Robbins asked why a 31 foot right of way width and 28 foot gutter to gutter width. Staff stated there is a foot and half between the flow line and back of the wedge on each side which equals out to one and a half feet. 4. Commissioner Tyler questioned why the staff report refers to different minimum lot sizes and yet they are asked to approve a tract map which has the smallest lot size is 6250 square feet. Why not make all the lots 6,250 and stop the double bookkeeping as to what is allowed and what'' is there. Also the staff reports should reference the change from GTE to Verizon. 5. Commissioner Kirk asked what function, other than aesthetics, is the lake serving. Senior Engineer Steve Speer stated it was for the stormwater drainage. 6. Chairman Robbins stated that, historically rolled curbs have not been allowed in the City. Staff stated that for the last four years, KSL and Rancho La Quinta have been using this wedge curbs and the City does give discretion as they are private streets. 7. Chairman Robbins asked if the applicant would like to address the Commission Mr. Forrest Haag, representing KSL, stated they are presenting 'a reduced intensity project. They have reduced the Specific Plan by 1000 units and reduced the commercial uses by 100,000 square feet. It is their belief that this is a more appropriate land use for what PGA West has come to be over the last 15 years. The Environmental Addendum states how the environmental impacts have been reduced by this application. 8. Commissioner Kirk asked how much of the lake is needed for drainage. Mr. Haag stated the tentative tract is required to deal with the stormwater runoff. The lake serves two functions. From a planning, landscape, architectural standpoint it provides a green space, water space a softening element into the site plan as well as provide storm water retention. As depicted on the exhibit, less than 16% is in water surface area and that is only in the event of a 100 year storm flood. Commissioner Kirk raised some issues that had been indicated in letters received from the residents of PGA West and asked if some of the commercial uses would some day be addressed. Mr. Haag stated that originally a 1,000 room hotel would have the commercial uses to accommodate that type C:\My Documents\WPDOCS\PC9-12-OO.wpd 8 390 052 Planning Commission Minutes September 12, 2000 of use. As it turns out PGA West has been developed considerably less dense than the first applications and over the years it continues to be reduced. Commissioner Kirk asked what the Tourist Commercial uses will be. Mr. Haag stated that currently they do not have a defined plan for that area. Residents have raised concerns regarding the 1,000 room hotel. 'Mr. Chevis Hosea, KSL, stated that they do intend to develop the Tourist Commercial site as residential. They do think it is good to have a mixture of Residential with the Tourist Commercial. Unfortunately, the market has not developed to accommodate the Tourist Commercial use. Once homeowners are existing, there are opposed and they now intend to develop it as residential. They would like to have some commercial, but most of the Neighborhood Commercial sites have been reduced in size and most of the commercial uses have moved further north making this not a good site in terms of the market to generate the traffic count to produce the commercial uses. 9. Commissioner Kirk asked if there was any opportunity on the site for a six acre commercial use that could be marketed in 10-15 years. Mr. Hosea stated they are out of property with the exception of a couple of two or three acre sites once this site and the hotel site are developed. They, as a club, do intend to have some commercial uses within the club area. Commissioner Kirk asked >'about the architectural changes being suggested in this application; 10. Commissioner Butler stated he concurs that the demand creates the problem and the solution. 11. Commissioner Tyler asked if the minimum lot size could be more standard. Mr. Hosea stated that as the parcels are engineered the lot sizes and plot the homes, it will be more defined. Commissioner Tyler asked about Section 3.2 of the Specific Plan as to whether there had been any changes. Mr. Hosea stated none. 12. Chairman Robbins asked about the lake and it conformance with the City's Landscape Ordinance. How can a project that is half water including the landscape areas, meet the maximum water use which is 80% of ET when half of the lot is water which runs about 110 of ET which means the other half would have to be about 50% ET which is not a typical KSL landscaping scene. It would 391 C:\My Documents\WPDOCS\PC9-12-OO.wpd 9 053 Planning Commission Minutes September 12, 2000 have to be very heavily zeriscape in order to meet the ordinance requirements. Mr. Haag stated that the existing perimeter of the project from curbline back even into the landscape setback is already existing and incorporated into the setback on two of the three sides. The other side is an existing wall. If you take out the house pads from the equations, you would see how they met the Code. The intent is to develop a neighborhood that is consistent with the thematic of the landscape, architecture of other residential tracts in PGA West. It is not intended to be a desert landscape project. Chairman Robbins stated the intent of the Landscape Ordinance is to conserve or minimize the use of water. He doubts if the landscaping approved over the last ten years agrees with the City's Ordinance. To have this much water you have to have a lot of sand everywhere else to meet the requirements of the Landscape Ordinance. He would suggest adding a condition to require this project to meet the maximum water allowance in the Landscape Ordinance" if they want this much water. 13. Commissioner Tyler asked what type of garage doors would be used. Mr. Haag stated they would be refined during the architecturalreview of the units. > Commissioner Tyler asked about some of the uses listed in Planning Area IV, what type of uses are proposed. Mr. Haag stated it would only be allowed by a Temporary Use Permit. 14. Commissioner Kirk asked what the major changes are proposed for the architectural changes. Mr. Haag stated they did not make any specific changes from the previous approval. It is their intent to integrate the graphics of the previous approval into this document. Fundamentally, they are the same standards and guidelines. Commissioner Kirk stated the staff report references the La Quinta Hotel Specific Plan and the Greg Norman Golf Course, so they have incorporated graphics from there as well? Mr. Haag stated there is a reference to the Greg Norman Golf Course in regard to a sign issue on this Specific Plan because of the tunnel connecting the two and giving people an indication of how to get from one project to the other. 15. Chairman Robbins asked if there was any other public comment. Mr. Michael Walker, General Manager of PGA West Residential Association, Inc., representing the Board of Directors of the 1300 homeowners or two-thirds of the Masters Association C:\My Documents\WPDOCS\PC9-12-OO.wpd 10 05 i 392 Planning Commission Minutes September 12, 2000 membership. They are conceptionally in favor of the Zone Change. Originally, the Board of Directors was told this proposed development would be annexed into the Residential Association 1 and accessed from inside the gated complex off Oak Tree. Later they were told this would not occur and access would be from PGA Boulevard by a card gate. Their concern is safety as the only means of ingress/egress is off PGA Boulevard and the amount of traffic generated. Although PGA Boulevard is designated as a 35 mph zone, many drivers excelled that limit. Add to that a consistent flow of resident and guest automobiles, golf carts and service vehicles and the risk for liability becomes a real concern for the Master Association. Although they unanimously approve of the rezoning of the 22 acres, they believe the access should be off Oak Tree or 54th Avenue. If neither option is utilized, a fair and impartial and unbiased traffic study should be required prior to approval of this request. 16. Mr. Robert Foulk, 57-540 Interlachen, President of the Masters Association, stated they have had a lot of discussions with the applicant and do support the residential use for this property. Their problem is that their CC&R's' do not function well with this project as it relates to security gates, etc. They have reached an agreement to propose an amendment to the CC&R's to overcome that problem. On that basis and requesting that the Commission condition the project to that extent, they have no objections. 17. Commissioner Kirk asked if they are concerned about not having a commercial use in the development. Mr. Foulk stated they do not and their responsibilities do not address those type of questions in regard to land uses. 18. Commissioner Butler asked if the Commission could make any conditions regarding HOA concerns. Staff noted no. 19. Commissioner Tyler asked if the access would be by card gate. Mr. Haag stated the Tentative Tract envisions some type of a gated access, but does not mandate a human guard. The cost may be prohibitive for a 22 acre site with such low intensity development to make it viable. The other sites that have manned gates have a larger number of homes to serve. Mr. Foulk stated they do request that the gatehouse be compatible with the other gatehouses at PGA West. 393 C:\My Documents\WPDOCS\PC9-12-OO.wpd 11 Planning Commission Minutes September 12, 2000 20. Chairman Robbins asked if they would be building houses or selling lots. Mr. Haag stated the site would be sold to a developer to build out the houses. 21. There being no further public comment, Chairman Robbins closed the public participation portion of the hearing and opened the project for Commission discussion. 22. Commissioners Abels and Butler stated they has no concerns. 23. Commissioner Kirk stated he agrees with the change in land use and as the residents are not wanting the commercialuses, then he has no objection. In regard to the Tentative Tract, his concern is regarding the lake. There needs to be more sensitivity to the environment and the lake does not meet the Landscaping Ordinance, nor the intent of the zeriscape and would be in support of denial of the Tentative Tract for that reason'. 24. Commissioner Tyler stated his only issues was the lot sizes in the Specific Plan. 25. Chairman Robbins stated there is an existing median and asked if this will be a full turn access. Staff stated it would be a full turn. Chairman Robbins stated he does not see any emergency access. Staff stated it is next to the well site at Avenue 54. Chairman Robbins asked if access will be from the interior or exterior of the well site. Staff noted there is an easement and it will be wherever the Water District prefers. Chairman Robbins stated he is not sure he would deny the Tentative Tract because of the lake, but does have some concerns that it meet the Landscape Ordinance. 26. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2000-061 recommending certification of an Addendum to Environmental Impact Report Addendum 83-009. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. 27. It was moved and seconded by Commissioners Abels/Butler to adopt Planning Commission Resolution 2000-062 recommending approval of General Plan Amendment 2000-070, subject to the 394 Findings as submitted. 056 C:\My Documents\WPDOCS\PC9-12-OO.wpd 12 Planning Commission Minutes September 12, 2000 ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. ME ROLL ROLL 10. 11 It was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2000-063 recommending approval of Zone Change 2000-095, subject to the Findings as r, and None. itler to ending to the Plan to hip, in r, and None. .rtler to lending indings a. Condition #25: Delete b. Add Condition #79: Prior to issuance of a grading permit the applicant shall provide calculations consistent with Chapter 8.13 of the Municipal Code -Water Efficient Landscaping. Commissioner Kirk asked if this would preclude the development of the lake. Staff stated they would have to review it. ROLL CALL: AYES: Commissioners Abels, Butler, Tyler, and Chairman Robbins. NOES: Commissioner Kirk. ABSENT: None. 39r'1 ABSTAIN: None. 057 C:\My Documents\WPD0CS\PC9-12-00-wpd 13 Attachment 5, 4C IA� �w� O ti 04, -led _7 A-1Z XLcra-� September 4, 2000 (,O-M LaQuinta Community Development Department La Quinta Civic CenterM� 78-495 Calle Tampico La Quinta, CA 92253 I would like to offer a comment regarding the proposal to change the use of the area on the east side of the main PGA West Entrance at 5e and PGA West Blvd. from commercial to residential. Though the residential plan looks lovely, I'm concerned that by giving up this area for commercial development we are also giving up PGA West's only chance to be a community in which one can handle almost all life's needs by golf cart, bicycle or walking. Without the commercial center, we'll always be forced into using our cars for the trek to Ralphs or businesses on Highway 111. If we lose the commercial center, we'll lose our one shot at being a self sufficient community. It also occurs to me that a PGA West commercial address confers a degree of distinction that a variety of upscale businesses might desire, i.e., the PGA West magnet would attract tenants that other commercial centers would trade all their fake plants and revolving doors for. These upscale tenants would, in turn, lend an additional degree of "class" to PGA West and La Quinta I believe current plans call for PGA West to build out at around 3,000 homes. There are another 800 plus homes scheduled to be built just north of PGA West and a variety of additional residential areas to the east and south of PGA West. Surely the continuing growth of this area suggests that a commercial center is not only appropriate, but sorely needed. Thank you for the opportunity to comment on this issue. Charles Snyder 55-381 Winged Foot PGA West La Quinta, CA 92253 397 059 " [ cep.✓ September 25, 2000 Mayor John J. pen a, -..I/ City of La Quinta PG Box 78-495 Calle Tampico La Quinta, CA 92253-1554 Dear MayorPeria, '00 SEP 27 P[n 12 07 CITY OF LA QUINTA CITY P='TANAGER'S OFFICE: Enclosed are copies of comments I recently sent to the C Department regarding the proommunity Development p posed change of the PGA West commercial site to residential. I hope you can find the time to review the comments Council's review of the proposal meats prior to the City Thank you for your time. Sin Charles Snyder September 24, 2000 La Quinta Community Development Department La Quinta Civic Center 78-495 Calle Tampico La Quinta, CA 92253 RE: Proposal to Change PGA West Commercial Area to Residential On September 40' I sent comments regarding this change to the Development Department (copy attached) and I thank you for attaching those comments to the documents that were distributed during the Development Department's review of the proposal. I would like to make one more suggestion regarding the proposal. First let me say I was impressed with KSL's description of their efforts to bring a commercial center to the property in question. They are not "the bad guy." No one is really but it seems to me we really have to take a long term view (10-30 years) of this issue. The Heart of the Melon As this area of La Quinta builds out, there is simply not going to be room for a commercial center that is within walking/golf cart/bicycling distance of PGA West if the present commercial property is converted to residential. What a shame there isn't a way to "soil bank" the property for several years until the commercial development of the property becomes more feasible. AHA! Perhaps there is. Imagine how beautiful and appropriate a "signature" par 3 or pitch and putt golf course would be at the entrance to PGA West. Folks who don't have the skills (or money) to play the big courses could still "Play PGA West." The present eyesore lot would become a jewel at the entrance to PGA West and, best of all, the area would be preserved for future commercial or residential development. Just imagine, The PGA West Par III, designed by Tiger Woods, or Brian Curly Thank you for the opportunity to make these additional comments on this issue. Charles Snyder 55-381 Winged Foot PGA West La Quinta, CA 92253 399 September 4, 2000 La Quinta Community Development Department La Quinta Civic Center 78-495 Calle Tampico La Quinta, CA 92253 I would like to offer a comment regarding the proposal to change the use of the area on the east side of the main PGA West Entrance at 50 and PGA West Blvd. from commercial to residential. Though the residential plan looks lovely, I'm concerned that by giving up this area for commercial development we are also giving up PGA West's only chance to be a community in which one can handle almost all life's needs by golf cart, bicycle or walking. Without the commercial center, we'll always be forced into using our cars for the trek to Ralphs or businesses on Highway 111. If we lose the commercial center, we'll lose our one shot at being a self sufficient community. It also occurs to me that a PGA West commercial address confers a degree of distinction that a variety of upscale businesses might desire, i.e., the PGA West magnet would attract tenants that other commercial centers would trade all their fake plants and revolving doors for. These upscale tenants would, in turn, lend an additional degree of prestige to PGA West and La Quinta I believe current plans call for PGA West to build out at around 3,000 homes. There are another 800 plus homes scheduled to be built just north of PGA West and a variety of additional residential areas to the east and south of PGA West. Surely the continuing growth of this area suggests that a commercial center is not only appropriate, but sorely needed. Thank you for the opportunity to comment on this issue. Charles Snyder 55-381 Winged Foot PGA West La Quinta, CA 92253 4nn